Star.
London, England, 1815-02-15 00:00:00

FEES IN COURTS OF JUSTICE.

- .
Sir JOHN NEWPORT rose, pursuant to notice,
.to move for leave to bring in a Bill to authorize the
Commissioners appointed, or to be appointed, for in.
quiring into the fees of the several Courts of Justice
in Great Britain and Ireland, to examine witnesses
upon oath. The Right Honourable Baronet argued,
that without investing the Commissioners with such
power, their labours were likely to be ineffective, be.
cause witnesses would be subject to no penalty in
stating lalsehoods ; and to shew the necessity of an
Act of Parliament upon the subject, he quoted the
authority of Lord Coke, who stated in his second
and third Institutes, that the authority to administer
oaths could only arise out of immemorial custom. or
an Act of Parliament. But the Right Honourable
Baronet thought the precedent of 1807 conclusive
upon this point; for in that case an Act was passed
to arm the Commissioners appointed by the Crown to
investigate General Vallancey's accounts with the
power of administering oaths. Hance he conceived
it evident, that the sight of granting such a power
did not vest in the Crown, and that it must emanate
from Parliament.

The SOLICITOR-GENERAL opposed the mo-
tion, conceiving it unnecessary, and that its adoption
would imply a doubt of the prerogative of the
Crown tit authorise Commissioners to administer
oaths. That such a prerogative did belong to the
Crown, upon any Commission appointed under the
Great Seal, a long train of practice, sanctioped by
the highest authorities in the history of the law, suf.
ficiently established. That, however, this preroga-
tive did not extend to Commissions appointed under
' the Sign Manual he was ready to admit, and he ap-
prehended that the Commission alluded to in 1807,'
was of that description. But as to Commissions under
the Great Seal the Honourable Baronet was aware,
that according to Lord Coke, whom he had quoted,
to administer an oath witbcut legal authority was a
great misdemeanour, and could it then be supposed
that the Commission of 1713, including some of the
highest law authorities in the country, among others
the Lord Chancellor, would have administered oaths
if not legally entitled so to dot But the known ad.
ministration of oaths by the several commissions under
din Great Seal, which had since existed, was conclu-
sive upon the point, and no less than 2.5 or S 6 of those
Commissions bad acted from 1762 to 1800.1 Was it
possible to imagine that such a succession of Com-
missioners could have been mistaken in their interpre-
tation of the law and the prerogative, and from their
interpretation he concluded, that the Honourable
Baronet's proposed Bill was totally unnecessary,-'
With regard to compelling the attendance of wit-
nesses, h; could, not see why this variation from the
Commission of 1732 should he introduced. Weis,'
indeed, sots stronger grounds could be shorn thui
ad yet beets brought fur ward by the Right Hon.
Gentlernen, be for one, should think it quite amts.
tessarr to pegs the present ISill. If rase testimony

. •
rem given before chase Conimissionen, though the
*riles could nst be indicted upon the statute of the
sth Elia. a statute, indeed; upon which perjury was
now neves prosecuted, yet at Common Law it would
be a high misdemeanour, and, as such, punishable.
Thinking, therefore, that any Legislative enactment
was unnecessary, be should think it his duty to move.
the previous qa'
Sir J. NEWPORT replied, and animadverted upon
the manner in which the Commissioners were fre-
quently appointed, being sometimes Police Magi:-
trate:, Masters in Chancery, &c. He also dwelt upon
the necessity of compelling. witnesses to appear, as,
without such compulsion, individuals would reluc-
tantly come forward, when, in so doing, those in par-
ticular who held situations in the various offices,
would oftin risk their places by disclosures they might
be in a condition to make. _ _ _ _ _

The SOLICITOR-GENERAL explained; after
which the previous question being carried, the mo-
tion was of cnnrse lost. _ _ _

_ .....
Sir J. NE,‘.VFORT gave notice, that he should.
oa Tuesday next, move tor leave to bring in a Bill
to compel witnesses to attend before the Commis-
sioners.