11

H.—ll

Summoned by Order of the House.

Witness in custody.

Summoned by Committees.'

When witness does not attend a Committee.

Neglect or refusal to attend

Attendance of Members to be examined.

By a Committee.

If Members refuse to attend.

Committee to acquaint House of charges against Memhers.

Message for attendance of Legislative Councillors.

Witnesses examined pursuant to "Parliamentary Privileges Act, 1865."

Tampering with witnesses.

XXll.—Witnesses. 239. 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. 240. 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. 241. A Committee having power to send for persons, papers, and records, summons witnesses by its own Orders, signed by theChairman. 242. 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. 243. 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. 244. 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. 245. If a Committee desire the attendance of a Member as a witness the Chairman writes to request him to attend. 246. 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. 247. 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. 248. 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. 249. Witnesses may be examined by the House, or any Committee thereof, pursuant to "The Parliamentary Privileges Act, 1865." 250. If it shall appear that any person hath been tampering with any witness in 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. 251. 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. 252. All witnesses examined before this - House, or any Committee thereof, are en- j titled to the protection of this House in respect of anything that may be said by them in their evidence. 253. No Clerk or officer of this House, or i shorthand writer employed to take minutes \ of evidence before this House, or any Com- c mittee 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. 254. When the evidence of a witness i examined before a Select Committee is taken ' down in shorthand 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, 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. 255. W rhen a witness is to be examined i 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. 256. In Committee of the whole House, i any Member may put questions directly to \ the witness. 257. When a witness is in custody at the i Bar, the Mace being on the Serjeants shoulder, he is examined by Mr. Speaker alone, and no member is to speak. 258. If any question be objected to, or i other matter arise, the witness is ordered to t withdraw while the same is under discussion. 259. A Member of the House is examined i in his place. ® 260. Legislative Councillors and Judges i are introduced by the Serjeant, and have j chairs placed 'for them within the Bar. e

XXlll.—Messages between the two Houses. 261. Bills and Messages from the Legislative Council may be received from any; Member of the Council by the Speaker in : full House, or at the Bar of the House by a Clerk of the House, through a Clerk of the Council.

1 False evidence.

Witnesses entitled to protection.

Evidence of proceedings not to be given without leave.

What corrections may he made in evidence of witnesses.

Examined by the House.

By Committee of the whole House.

Witness in custody.

Witness withdraws if question objected.

Member examined in his place. Legislative Councillors and Judges, how examined.

Messages from Legislative Council, how received.