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The Pamphlet Collection of Sir Robert Stout: Volume 16


page 32


Summoned by Order of the House.

206. Witnesses are summoned by the House in order to be examined at the Bar of the House, or before a Committee of the whole House, or a Select Committee, by Orders of the House signed by the Clerk.

Witness in custody.

207. Where a Witness is in the custody of the Keeper of any Prison, such Keeper is ordered to bring the Witness, in safe custody, in order to his being examined, and so from time to time as often as his attendance shall be thought necessary; and Mr. Speaker is ordered to issue his Warrant accordingly.

Summoned by Committees.

208. A Committee having power to send for Persons, Papers, and Records, summons Witnesses by its own Orders, signed by the Chairman.

When Witness does not attend a Committee.

209. If any Witness should not attend, pursuant to the Order of a Committee, his absence is reported, and the House orders him to attend the House; but such Order is usually discharged in case the Witness shall have attended the Committee before the time appointed for his attending the House.

Neglect or refusal to attend.

210. In any case, the neglect or refusal of a Witness to attend in obedience to an Order of the House, or of a Committee having power to summon Witnesses, or in obedience to a Warrant of Mr. Speaker, will be censured or otherwise punished, at the pleasure of the House.
page 33
211. When the attendance of a Member

Attendance of Members to be examined

is desired, to be examined by the House, or a Committee of the whole House, he is ordered to attend in his place.
212. If a Committee desire the attendance

By a Committee

of a Member as a Witness, the Chairman writes to request him to attend.
213. If any Member of the House refuse,

If Members refuse to attend

upon being sent for, to come to give evidence or information as a Witness to a Committee, the Committee ought to acquaint the House therewith, and not summon such Member to attend the Committee.
214. If any information come before any

Committee to acquaint House of charges against Members

Committee that chargeth any Member of the House, the Committee ought only to direct that the House be acquainted with the matter of such information, without proceeding further thereupon.
215. When the attendance of a Member

Message for attendance of Legislative Councillors

of the Legislative Council, or of one of its Officers, is desired, to be examined by the House, or any Committee thereof (not being a Committee on a Private Bill), a Message is sent to the Legislative Council requesting it to give leave to such Member or Officer to attend, in order to his being examined accordingly upon the matters stated in such Message.
216. Witnesses may be examined by the

Witnesses examined pursuant to Parliamentary Privileges Act, 1865

House, or any Committee thereof, pursuant to" The Parliamentary Privileges Act, 1865."
217. If it shall appear that any person

Tampering with Witnesses

hath been tampering with any Witness, in respect page 34 respect of his evidence to be given to this House, or any Committee thereof, or directly or indirectly hath endeavoured to deter or hinder any person from appearing or giving evidence, the same is declared to be a high crime and misdemeanour; and this House will proceed with the utmost severity against such offender.

False evidence

218. If it shall appear that any person hath given false evidence in any case before this House, or any Committee thereof, this House will proceed with the utmost severity against such offender.

Witnesses entitled to protection

219. All witnesses examined before this House, or any Committee thereof, are entitled to the protection of this House in respect of anything that may be said by them in their evidence.

Evidence of proceedings not to be given without leave

220. No Clerk or Officer of this House, or short-hand writer employed to take Minutes of Evidence before this House, or any Committee thereof, may give evidence elsewhere, in respect of any proceedings or examination had at the Bar, or before any Committee of this House, without the special leave of the House.

What corrections may be made in evidence of Witnesses

221. When the evidence of a Witness examined before a Select Committee is taken down in short-hand and ordered to be printed, a copy of his own examination is sent to each Witness for his revision, with an instruction that he can only make verbal corrections—as corrections in substance can only be effected by re-examination. The corrected copy page 35 signed by the Witness should be returned without delay to the Committee Clerk, who will submit it to the Chairman, and if the corrections are approved by him it will be retained by the Clerk as record copy of the evidence.
222. When a Witness is to be examined

Examined by the House

by the House, Mr. Speaker conducts the examination, the Mace being on the Table; and any questions addressed by Members are taken to be put through Mr. Speaker.
223. In Committee of the whole House,

By Committee of the Whole House

any Member may put questions directly to the Witness.
224. When a Witness is in custody at the

Witness in custody

Bar, the Mace being on the Serjeant's shoulder, he is examined by Mr. Speaker alone, and no Member is to speak.
225. If any question be objected to, or

Witness withdraws if question objected to

other matter arise, the Witness is ordered to withdraw, while the same is under discussion.
226. A Member of the House is examined

Member examined in his place

in his place.
227. Legislative Councillors and Judges

Legislative Councillors and Judges, how examined

are introduced by the Sergeant, and have chairs placed for them within the Bar.