Page:United States Reports, Volume 1.djvu/315

304 

1788.

aƒter adjournment of both Houfes for above the fpace of fourteen days, any perfon might commence and profecute any action againft a member of Parliament, provided the perfon of the member be not arrefted during the time of privilege. The manner of bring the action againft a member of the Houfe of Commons is directed to be by Summons and diʃtreʃs inƒinite, to compel a common appearance: But even this was not to be done till after the diffolution, prorogation, or adjournment. The act further directs, that where any plaintiff fhall by reafon of privilege of Parliament by ftayed from profecuting any fuit commenced, fuch of Parliament by ftayed from profecuting any fuit commenced, fuit plaintiff fhall not be barred by the ftatute of limitations, or nonfuited, difmiffed, or his fuit difcontinued for want of profecution, but fhall upon the riʃing oƒ Parliament, be at liberty to proceed. So that beƒore the riʃing oƒ Parliament, and during the actual fitting of it, it appears, not only that, generally, a fuit could not be commenced, but,, if it had been commenced before, it could not be profecuted during that time. One exception, as to commencing the action appears to have been made by the Judges, agreeably to the fpirit and apparent intention of the act ; which is, that in order to prevent a member of Parliament from taking advantage of the ftatute of limitations by reafon of his privilege, an original might be filed againft him ; but that original muft lie dormant during the fitting of Parliament ; no procefs could iffue upon it to compel an appearance ; nor, till this act paffed, could it have been done at any time after the rifing of Parliament, during the time of privilege.

This conftruction of the act is fo obvious, that, upon any other almoft all the provifions in it would have been nugatory ; and, it fully accounts for the feeming doubt in Col. Pitt's cafe in Strange, whether he fhould be difcharged on common bail,  or be difcharged altogether ; it being after the diffolution of Parliament, the plaintiff had a right, by the act, to commence a fuit againft him ; and, therefore, it feemed, at firft, that he fhould only be difcharged on common bail ; but as he had commenced his fuit by arreʃting his perʃon, before his time of privilege expired, the Judges, that they might not feem to countenance the arreft difcharged him entirely.

It is were poffible to doubt of this being the true conftruction of the act of 12 and 13. W. 3. it is made ftill clearer by the act of 2. and 3. Ann.c. 18. which directs that any action may be commenced againft a member of Parliament employed in the revenue, or other place of public truft, even during the fitting of Parliament, for any mifdemeanor, breach of truft, or penalty, relating to fuch public truft, provided his perfon be not arrefted. This act was made for this fingle purpofe and would have been likewife nugatory it an action could have been brought before, againft any member of Parliament during the fitting of the Houfe.

Black.Com. 165. was cited to fhew, that a member of Parliament might be fued for his debts, though not arrefted, during the ʃitting oƒ Parliament. This will appear to be exprefsly confined to actions at the fuit of the King, under a particular provifion in the ftatute of W. 3. and