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The Pamphlet Collection of Sir Robert Stout: Volume 16
XIII.—Witnesses
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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.
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.
208. A Committee having power to send for Persons, Papers, and Records, summons Witnesses by its own Orders, signed by the Chairman.
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.
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.
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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.
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.
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.
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
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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.
XIII.—Witnesses.
Summoned by Order of the House.
Witness in custody.
Summoned by Committees.
When Witness does not attend a Committee.
Neglect or refusal to attend.
211. When the attendance of a Member
is desired, to be examined by the House, or a Committee of the whole House, he is ordered to attend in his place.
Attendance of Members to be examined
212. If a Committee desire the attendance
of a Member as a Witness, the Chairman writes to request him to attend.
By a Committee
213. If any Member of the House refuse,
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.
If Members refuse to attend
214. If any information come before any
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.
Committee to acquaint House of charges against Members
215. When the attendance of a Member
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.
Message for attendance of Legislative Councillors
216. Witnesses may be examined by the
House, or any Committee thereof, pursuant to" The Parliamentary Privileges Act, 1865."
Witnesses examined pursuant to Parliamentary Privileges Act, 1865
217. If it shall appear that any person
hath been tampering with any Witness, in respect
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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.
Tampering with Witnesses
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
Witnesses entitled to protection
Evidence of proceedings not to be given without leave
What corrections may be made in evidence of Witnesses
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
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.
Examined by the House
223. In Committee of the whole House,
any Member may put questions directly to the Witness.
By Committee of the Whole House
224. When a Witness is in custody at the
Bar, the Mace being on the Serjeant's shoulder, he is examined by Mr. Speaker alone, and no Member is to speak.
Witness in custody
225. If any question be objected to, or
other matter arise, the Witness is ordered to withdraw, while the same is under discussion.
Witness withdraws if question objected to
226. A Member of the House is examined
in his place.
Member examined in his place
227. Legislative Councillors and Judges
are introduced by the Sergeant, and have chairs placed for them within the Bar.
Legislative Councillors and Judges, how examined