Evidence by Commissioners under Great Seal Act 1870 No 15a (NSW)

A N N O T R I C E S I M O Q U A R T O

VICTORIAE R E G I N A E .

No. I.

An Act to regulate the t ak ing of Evidence by Commissioners under the Great Seal. [3rd September; 1870.]

it enac ted by the Queen ' s Most Exce l l en t Majesty by and wi th Assembly of N e w South Wales in P a r l i a m e n t assembled BE t he advice a n d consent of t h e Legislat ive Council and Legislat ive

and by the

au thor i ty of t he same as follows :—

1. Wheresoever by any letters pa tent issued or to be issued

under the Great Seal of the Colony any person or persons shall have been or shall be appointed by the Governor in Council a Commission to m a k e any inquiry it shall be lawful for t he Pres ident or Chai rman of such Commission or for any person so appointed as sole Commis­ sioner to s u m m o n by wri t ing under the hand of such Pres ident Chairman or Commissioner any person whose evidence shall in t he j u d g m e n t of such President Chai rman Commissioner or of any member of such Commission be mater ia l to t he subject ma t t e r of such inquiry to a t tend the said Commission at such place and t ime as shall be specified in such summons and any person in t he Publ ic Service required by any such summons to produce any books documents or writings in his custody or control in his capacity as a public servant shall a t tend and produce the same before such Commission and any Commissioner may examine any person so summoned upon oa th touch ing the m a t t e r to be inquired into by such Commission.

2. Eve ry person who shall have been served with any such

summons whe ther personally or by t he same hav ing been left a t his usual place of abode and who shall not a t tend before such Commission as aforesaid or shall refuse to be sworn or to answer any quest ion p u t

A to

to h i m by any such Commissioner touching the subject of inqu i ry and every person in t he Publ ic Service hav ing the custody or control of any books documents or wri t ings required to be produced by any such summons as aforesaid who shall neglect to produce the same a t t he t ime and place specified in such summons shall be liable to a penal ty no t exceeding twenty pounds to be recovered in a summary way before any two Jus t ices of t he Peace .

3 . The Governor in Council may by regula t ion under th is A c t fix a scale of allowances to be paid to any witness summoned as afore­ said for his t ravel l ing expenses and ma in tenance whils t absent from his usua l place of abode a n d t h e c la im to al lowance of any such witness certified by the Pres ident or Cha i rman of such Commission or by a sole Commissioner as t he case m a y be shall be paid by the Colonial Treasurer out of the Consolidated Revenue F u n d or such fund as may be set apar t by Pa r l i amen t for t he purposes of t h e Commission.

4. A n d be it further enacted t h a t this Ac t shall be and continue in force unt i l t he first day of December one thousand eight hundred and seventy and no longer.