Evidence by Commissioners under Great Seal Act 1880 No 22a (NSW)

A N N O Q U A D R A G E S I M O Q U A R T O

V I C T 0 R I AE R E G I N AE.

No. I.

An Act to r egu la te t h e t ak ing of Evidence by Commissioners unde r t he Grea t Seal. [23rd June, 1880.]

WH E R E A S it is expedien t to re-enact cer ta in provisions of an A c t passed in t h e th i r ty - fou r th year of H e r present Majes ty

n u m b e r e d one and in t i tu led "An Act to regulate the taking of evidence

by Commissioners under the Great Seal" Be i t therefore enacted by

t h e Queen ' s Mos t Exce l l en t Majesty b y and wi th t h e advice and consent of the Legis la t ive Counci l and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by t h e au tho r i t y of t h e same as follows :—

1.    W h e n e v e r by any le t ters p a t e n t issued or to be issued under

t he Grea t Seal of t h e Colony any person or persons shal l have been or shal l be appoin ted by the Governor in Counci l a Commission to m a k e a n y inqu i ry i t shal l be lawful for t h e Pres ident or Cha i rman of such Commission or for any person so appointed as sole Commis­ sioner to s u m m o n by wr i t i ng unde r the h a n d of such Pres ident Chair­ m a n or Commissioner any person whose evidence shal l in the j udg ­ m e n t of such Pres iden t C h a i r m a n Commissioner or of a n y m e m b e r of

such Commission be mater ia l to t he	subject m a t t e r of such inqu i ry to
a t t e n d t h e said Commission a t such place a n d t ime as shall be	specified

in such summons A n d any person requi red by any such s u m m o n s to produce any books documents or wr i t ings in his custody or cont ro l shall a t t e n d and produce t h e same before such Commission and a n y Commissioner m a y examine u p o n oa th any person appea r ing as a witness whe the r so summoned or appear ing wi thou t s u m m o n s t ouch ing t h e m a t t e r to be inqui red in to by such Commission A n d every such Commissioner shal l in t he exercise of his d u t y as such Commissioner have t h e same protect ion and i m m u n i t y as a J u d g e of t h e Sup reme

Cour t	A n d a n y witness appea r ing before any such Commissioner shal l
have t h e same pro tec t ion a n d	be subject to t h e same liabilit ies in a n y

civil or c r imina l proceeding as a wi tness g iv ing e v i d e n c e in a n y case

t r ied in the Supreme Cour t .

2. Eve ry person who shal l have been served wi th a n y such s u m m o n s w h e t h e r personal ly or b y t h e same h a v i n g been left a t h i s usua l place of abode a n d who wi thou t reasonable excuse shall fail to a t t end before such Commission as aforesaid or shal l refuse to be sworn or to answer any quest ion p u t to h i m by a n y such Commissioner t ouch ing the subject of i n q u i r y and every person h a v i n g t h e cus tody or control of any books documents or wr i t ings required to be produced by any such s u m m o n s as aforesaid w h o shall neglect to produce t h e same a t t h e t ime and place specified in such summons shal l be l iable to a pena l ty no t exceeding t w e n t y pounds to be recovered in a s u m m a r y

w a y before a n y two Jus t i ces of t h e Peace .

3. The Governor in Council may by regulation under this Act fix a scale of allowances to he paid to any witness summoned as afore­ said for his travelling expenses and maintenance whilst absent from his usual place of abode and the claim to allowance of any such witness certified by the President or Cbairman of such Commission or by a sole Commissioner as the case may be shall be paid by the Colonial Treasurer out of the Consolidated Revenue Fund or out of the Fund (if any) to be set apart by Parliament for the purposes of the Commission.

4. If in any Letters Patent as aforesaid to be issued after the passing of this Act it shall be declared that all or any specified sections of this Act shall not be applicable for the purposes of the inquiry delegated by such Letters Patent then all such sections or such specified sections (as the case may be) shall with respect to such inquiry be taken to be wholly inoperative.