COMMISSIONERS POWERS ORDINANCE, 1886

COMMISSIONERS POWERS ORDINANCE, 1886

No. 13 of 1886.

An Ordinance to enable the governor to appoit com-
missioners for conducting inquiries.
[14th December, 1886.]
1. This Ordinance may be cited as the Commissioners
Powers Ordinance, 1886.

* As amended by Law Rev. Ord., 1923,





2. The Governor in Council shall have power to nominate
and appoint commissioners under the public seal for the
purpose of instituting, making, and conducting any inquiry
that may be deemed advisable, and for reporting thereon
and also to appoint a secretary or clerk to such commis-
sioners, at such salary or reinuneration as he may think fit.

3. All commissioners so appointed shall, if the Governor
in Council deems it expedient and provided that the com-
mission under which they are appointed so directs, have all
or any of the powers, rights, and privileges following:-

(1) all such powers as are vested in the court or in any
judge in the course of any action or suit in respect of the
following matters:-

(a) enforcing the attendance of witnesses and examining
them upon oath, or otherwise;

(b) compelling the production of documents;
(c) punishing persons guilty of contempt; and
an inspection of any property.

(d) ordering an inspection of any proptery;
and in such cases a summons under the land of the
chairman or presiding member of any such commission
countersigned by the secretary or clerk, if any, to the
commissioners may be substituted for and shall be equiva-
lent to any form of process capable of being issued in any
action or suit for, enforcing the attendance of witnesses or
compelling the production of documents; and any warrant
of committal to prison issued for the purpose of enforcing
any such powers as aforesaid shall be under the hand of
the chairman or presiding member of any such commission
as aforesaid, countersigned by the secretary or clerk as
aforesaid, if any, and shall not authorise the imprisonment
of any offender for a period exceeding three months;

(2) the power, for the purposes of their commission, to
enter and view any premises; and

(3) the right to conduct every examination of witnesses
either in public or private, as their commission may direct:
Provided that if such examination is conducted in public,
due notice shall be given of the time and place of holding
the same, but with power to the commissioners to adjourn
any meeting from time, to time and from one place to
another.





4.-(1) If, in the opinion of the Governor in Council, the
special circumstances of any inquiry render it necessary
or expedient, and provided the commission so directs, any
person examined as a witness in any inquiry as aforesaid
who, in the opinion of the commissioners, makes a full and
true disclosure touching all the matters in respect of which
he is examined shall receive a certificate under the hand
of the chairman or presiding member of the commission,
countersioned by the secretary Or clerk, if any, stating, that
the witness has upon his examination made a full and true
disclosure as aforesaid.

(2) If any civil or criminal proceeding is at any
thereafter instituted against such witness in respect of any
matter touching which he has been so examined, the
tribunal, before which such proceeding is instituted shall,
on the production and proof of the certificate, stay the
proceeding, and may award to such witness any costs
which he may have been put to by the institution of the
proceeding: Provided that no evidence taken under the
powers conferred by this Ordinance shall be admissible
against any person in any civil or criminal proceeding
whatever, except in the case of a witness who may be
accused, of having given false evidence before any such
commissioners.

5. The Captain Superintendent of Police and all inspectors
of police, officers, gaolers, and bailiffs shall and they are
hereby required to give their aid and assistance to all com-
missioners so appointed as aforesaid in the execution of their
Office.
[s. 6, rep. No. 21 of 1922.]

7. On the recommendation of any commissioners so
appointed as aforesaid, the Governor shall have power to
order that the actual expenses for loss of time or travelling
of any witness examined under this Ordinance shall be
paid out of the Treasury.

8. In all cases, all commissioners appointed under this
Ordinance shall have such and, the like protection and
privileges, in case of any action or suit brought agaisst them
for any act done or omitted to be done in the execution of
their duty, as is by law given by any Ordinance to
magistrates or justices acting in execution of their office.





















9. Service on any person of a summons under this Ordi-
nance may be made by leaving the summons at his usual or
last-known place of residence or business in the Colony.

10. No person shall be liable to any action, suit, Indict-
ment, or proceeding by reason of his publishing a true
account of any evidence taken in public in pursuance of the
powers conferred by this Ordinance or of any report, of the
commissioners made public by the authority of the Governor.

[s. 11, rep. No. 31 of 1911.]
[Originally No. 27 of 1886. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Governor in Council may appoint commissioners. 33 & 34 Vict.c. 105, s. 5. Powers of commissioners. 33 & 34 Vict.c. 105, s. 6. Indemnity to witness examined before commissioners. 33 & 34 Vict.c. 105, s. 7. Police, etc., to aid commissioners. 33 & 34 Vict.c. 105, s. 6. Expenses of witness. 33 & 34 Vict.c. 105, s. 9. Protection to commissioners. 33 & 34 Vict.c. 105, s. 10. [cf. No. 3 of 1890, ss. 114 et seq.] Service of summons. 33 & 34 Vict.c. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict.c. 105, s. 12.

[Originally No. 27 of 1886. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Governor in Council may appoint commissioners. 33 & 34 Vict.c. 105, s. 5. Powers of commissioners. 33 & 34 Vict.c. 105, s. 6. Indemnity to witness examined before commissioners. 33 & 34 Vict.c. 105, s. 7. Police, etc., to aid commissioners. 33 & 34 Vict.c. 105, s. 6. Expenses of witness. 33 & 34 Vict.c. 105, s. 9. Protection to commissioners. 33 & 34 Vict.c. 105, s. 10. [cf. No. 3 of 1890, ss. 114 et seq.] Service of summons. 33 & 34 Vict.c. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict.c. 105, s. 12.

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