False Declarations by Members of Legislation Act 1849 No 6a (NSW)

No. VI.

An Act to punish false Declarations by Members of the Legislative Council and to give certain Select Committees thereof power to examine and compel the at tendance of Witnesses ,

[12th July, 1849.]

BE it enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t h e advice and consent of t h e Legis la t ive Council thereof

T h a t if any person shal l hereafter knowingly and wilfully m a k e a false Declara t ion respect ing his Qualification as an Elect ive M e m b e r of t h e Legis la t ive Council of t he said Colony under a n d by v i r tue of t h e pro­ visions of t he t h i r d section of t he Ac t of P a r l i a m e n t passed in t he seventh and e igh th year of t h e re ign of H e r Majesty Queen Victor ia in t i tu led " An Act to explain and amend the Act for the Government of New South Wales and Van Diemen's Land" such person shal l on convict ion thereof before any Cour t of competen t jur isdic t ion be deemed to be gui l ty of a misdemeanor and shal l suffer t h e l ike pa ins

cor rup t perjury.

a n d penal t ies as persons gu i l ty of wilful a n d cor rupt per jury.

2. A n d be it enac ted T h a t on t h e t r i a l of such misdemeanor i t

shall be sufficient prima facie evidence t h a t the person m a k i n g such

declara t ion is no t seised of t he l ands or t enement s in such declara t ion men t ioned if a t i t le be proved in some other person which would be sufficient to ma in t a in an ejectment for such lands or t enement s aga ins t

t h e person m a k i n g such declarat ion.

3 . A n d be i t enacted That all Select Commit tees of the Lopris- la t ive Council of t he said Colony or a Q u o r u m thereof and of a n y fu ture Council or Assembly which m a y be established in th is Colony to w h o m any pr iva te Bill or any inqui ry respect ing t he Qualification of a M e m b e r shal l be referred shal l have power to compel t h e a t t endance of Wi tnesses and t h a t any person refusing to a t t e n d or to submi t himself to examina t ion or prevar ica t ing before such Commit tee or a Q u o r u m thereof shall he deemed gui l ty of a misdemeanor and t h a t any person wilfully a n d knowingly giving false evidence before such Commit tee or a Q u o r u m thereof shall be deemed gui l ty of wilful a n d

4. A n d be it enacted T h a t in any act ion hereafter to be b rough t

aga ins t t h e Speaker Sergean t -a t -Arms the Clerk of the Legislative

Counci l or other Officer thereof for a n y t h i n g done in t h e execut ion of the i r du ty they or any of t h e m may plead the general issue and give

t h e special m a t t e r in evidence.