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REVISED STATUTES—TITLE III, CHAPTER 5. OF THE TERRITORIAL AND CASUAL REVENUE. Section.
Section. 1 Proceeds of Hereditary, Territo. 5 Expenditure to be laid before As.
rial and Casual Revenues, to sembly. . whom paid.
6 All sales, &c., to be made at pub. 2 Civil List granted to the Queen. lic auction; consideration and 3 Moneys paid to Treasurer, how Great Seal, effect of. appropriated.
7 Crown to have full management. 4 Governor in Council, what inay 8 All bargains, contracts, &c., to expend from gross proceeds.
remain valid. 1. The proceeds of all Her Majesty's Hereditary, Territorial, and Casual Revenues, and of all sales a nd leases of Crown lands, Woods, Mines, and Royalties, now and hereafter to be collected, having been surrendered by the Crown, shallwith the exceptions hereinafter provided, be payable and paid to the Provincial Treasurer for the use of the Province.
2. There shall be granted to Her Majesty the clear yearly sum of fourteen thousand five hundred pounds lawful money of this Province, payable quarterly, on the thirty first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty first day of December, in each year, by equal proportions, out of the revenues aforesaid and all other revenues of this Province, to be paid by the Treasurer by Warrant under the hand and seal of the Governor, with preference to all other charges or payments.
3. All moneys paid to the Treasurer under this Chapter, except the said fourteen thousand five hundred pounds, shall form part of the general revenues, and be appropriated as such.
4. The Governor in Council may expend out of the gross proceeds of such hereditary and other rerenues and such sales, the sums of money which from time to time they may deem necessary for the prudent management, protection, and collection thereof.
5. The Governor shall within fourteen days from the open. ing of the Session of the Legislature, cause to be laid before the Assembly a detailed Account for the previous year of all the particulars of the income and expenditure of and relating to the said revenues, sales, and leases, accompanied by proper vouchers.
6. All grants, leases, or other assurances of any lands, rights, or revenues, by this Chapter declared to be under the control of the Legislature, shall be void unless the same be made upon sale or lease to the highest bidder at public auction, after due notice in the Royal Gazette, and the consideration thereof be made payable to Her Majesty. The Great Seal affixed to any such instruments shall be evidence in all Courts of the performance of these conditions.
7. Nothing in this Chapter shall im pair or affect any pow. crs of control, management, or direction, which hare been or may be exercised by the Crown, or by other lawful war. rant, relative to any proceedings for the recorery of any such revenues, or to compensation made or to be made on account of any of the same, or to any remission, mitigation, or pardon of any penalties, fines, or forfeitures, incurred or to be incurred, or to any other lawsulact, matter, or thing which has been or may be done touching the said revenues, or to disable Her Majesty from making any grant or restitution of any estate, or of the produce thereof, to which Her Majesty hath or shall become entitled by escheat for want of heirs, or by reason of any forfeiture, or of the same having been purchased by or for the use of an alien, or to make any grant or distribution of any personal property devolved on the Crown for the want of next of kin or personal representatives of any deceased person; but such rights and powers shall continue to be exercised and enjoyed in as ample a manner as if this Chapter had not been made, and as the same have or might have been heretofore enjoyed by the Crown; but the moneys arising from the full exercise and enjoyment of the rights and powers aforesaid, shall be a part of the joint revenues at the disposal of the General Assembly, subject to the restrictions hereinafter provided.
8. Nothing herein shall annul or prejudice any sale, par chase, grant, lease, enfranchisement, exchange, agreement bond, mortgage, security, exoneration, or other act, matter, or thing, relating to the said lands, woods, mines, or royal. ties, which on or before the seventeenth day of July one thousand eight hundred and thirty sever, has been made, given, effected, or created, but the same shall remain good and valid.
33° VICTORIA-CHAPTER 33. An Act to provide for the attendance and examination on oath of Wit.
nesses before the Legislature, or committees thereof. Section.
Section. 1 Witnesses, how and by whom 6 Powers of Act, to whom delegated. summoned.
7 Certified copy of Resolution by 2 Authority to administer oath. Clerk of the House to be evidence. 3 Refusal to obey sunimons; penalty 8 Exemptions to Members of Legis4 Expenses of witnesses, how paid. lature; evidence, vira voce, and 5 Suinmons, by who:n signel, bor documentary. served.
9 Ict 23rd Vic. repealed.
Passed 7th April, 1870. Be it enacted by the Lieutenant Gorernor, Legislative Council, and Assembly, as follows:-
1. That any Joint Committee of the Legislative Council and House of Assembly, or any Committee of the Legislative Council, or of the House of Assembly, appointed for the purpose of making any investigation or enquiry in relation to any public office or public work, whether wholly or partly under Provincial control, or in which the Province shall be interested as proprietor or stockholder, or to which Provincial aid shall or may have been given during the conduct of such work, in respect of which such aid shall be given and authorized as hereinafter provided, shall have full power to send for persons, papers and records, and to examine all witnesses on oath.
2. The Chairman ofany such Committee, or in his absence any member thereof, shall have full power, during the sitting of, and in the presence of such Committee, to administer the witnesses' oath in the Schedule to this Act appended, marked, “ A,” to any person or witness attending before such Committee; and a minute of such oath having been administered shall be duly entered on the minutes of the proceedings of such Committee.
3. If any person duly served with the summons letter “B,” in Schedule hereto, shall wilfully disobey such summons; or if any witness before such Committee shall misdemean himself in giving or refusing to give evidence, the Chairman, or any member of the Committee, by resolution of the majority of such Committee, may at any time during the investigation or enquiry, report such misconduct to the Legislative Council or House of Assembly, from whichever branch of the Legislature such Committee may have been formed, or if a Joint Committee of both Houses, then to both; and the Legislative Council or House of Assembly may commit the offender into custody for contempt, for any period during the then Session of the Legislature.
4. All persons and witnesses summoned to attend and attending before any such Committee, shall be entitled to their reasonable expenses, and shall be paid by warrant of His Excellency the Lieutenant Governor, on such expenses being duly certified by the Chairman of such Committee.
5. That the summons to be issued under this Act, shall be signed by the Chairman, or in his absence, by any two members of the Committee, and shall be personally served upon the party to whom it may be directed.
6. That in order to exercise the powers vested by this Act the same shall be specially delegated to any such Committee by resolution of the Legislative Council or House of Assembly, from which such Committee may be formed, or by joint resolution of the Legislatire Council and House of Assembly, in case the Committee shall be a Joint Committee of both Houses.
7. That for the purposes of this Act, a copy of the resolution or resolutions forming such Committee, and delegating such powers, and of the evidence taken before such Committee, duly certified by the Clerk of the House, shall be evidence in all Courts of Law of the fact of such Committee, under this Act, having been formed, and of such evidence having been given.
8. Provided that no member of the Legislative Council or Assembly shall be subject to any of the provisions of this Act; but any such member may, by leave of the House to which he belongs, attend the other House, or any of the Committees raised as aforesaid, as heretofore accustomed, and according to Parliamentary usage; and provided also, that no witness who may attend any Committee under this Act, shall be compelled to answerany question which may criminate himself, or answer any question which, in a Court of Justice, he could not be required to answer, or produce any paper which in such Court he could not be required to produce ; nor shall any evidence given by such witness subject him to any action or proceeding whatever by any party in any Court of Law, nor be used against him in any case.