No allowance Expenses. Receiver Surveyor General, etc. (b) A sum sufficient to indemnify him for his actual outlay for necessary travelling expenses in going to and returning from meetings of Council. 1913, c. 4, s. 7; 1927, c. 11, s. 2. am. 8. No member of the Council shall receive any allowance for travelling to or attending any meetings of the Council while the Legislature is in session. 1913, c. 4, s. 8. 9. Every member of the Council engaged on behalf of the Executive Council in public business, requiring his absence from home, either in other parts of the Province or abroad, shall be paid by the Provincial Treasurer a sum sufficient to indemnify him for his actual outlay for reasonable expenses while so engaged, and if he is not in receipt of a salary as head of a department, he shall receive in addition the sum of twelve dollars for each day on which he is so engaged. 1913, c. 4, s. 9. 10. The duties formerly performed by the Provincial Secretary and Receiver General and Clerk of the Crown in Chancery, by the Commissioner of Public Works, by the Surveyor-General, and by the Commissioners for Agriculture, shall hereafter be performed by the Provincial SecretaryTreasurer, the Minister of Public Works, the Minister of Lands and Mines, and the Minister of Agriculture respectively. 1913, c. 4, s. 10. 11. When in any Act the office of Provincial Secretary, Surveyor-General, Chief Commissioner of Public Works, or Commissioner for Agriculture is mentioned, or where any of the aforesaid officials have entered into any contract or agreement on behalf of the Province, or done any other act or thing in such official capacity, the same shall be construed and taken to mean and to have been done by the Provincial Secretary-Treasurer, the Minister of Lands and Mines, the Minister of Public Works, and the Minister of Agriculture respectively. 1913, c. 4, s. 11. CHAPTER 9. RESPECTING THE DEPUTY ATTORNEY-GENERAL. General. 1. The Governor in Council may appoint a Deputy Deputy Attorney-General who shall be a barrister of the Supreme AttorneyCourt of not less than ten years' standing and shall hold office during pleasure. 1917, c. 40, ss. 1, 2. am. 2. The Deputy Attorney-General shall have his office Office and in the City of Fredericton and shall discharge such duties duties. as may be assigned to him by the Governor in Council or by the Attorney-General. 1917, c. 40, ss. 1, 2. am. 3. The Deputy Attorney-General shall be paid monthly Salary. by warrant such yearly salary as the Governor in Council may determine. 1917, c. 40, s. 2. am. 4. The Governor in Council may appoint clerks or as- Assistants. sistants to the Deputy Attorney-General and fix their salaries. 1925, c. 37, s. 1. am. Short title. "Commissioners." Appointment of Commission. Meetings. Summons to witnesses. Examination. Under oath. CHAPTER 10. RESPECTING INVESTIGATION BY COMMISSION 1. This Chapter may be cited as The Inquiries Act. C. S., c. 12, s. 1, am. 2. In this Chapter unless the context otherwise requires: "Commissioners" means Commissioners appointed hereunder and also includes a commissioner when only one person is appointed. new. 3. The Governor in Council may cause a commission to issue under the Great Seal to one or more persons to hold an inquiry into and concerning any matter connected with the good government of the Province, the conduct of any part of the public business, the administration of justice, or into any matter which the Governor in Council deems to be of public interest. C. S., c. 12, s. 2, am. 4. The commissioners may hold meetings for the purposes of the inquiry at any place within the Province, and may adjourn their Court from time to time to any place in the Province. C. S., c. 12, s. 3, part am. 5. (1) Any one commissioner may by summons, Form A, require the attendance before them of any person whose evidence may be material to the subject of the inquiry and may order any person to produce such books, papers and documents as appear necessary. (2) Every such person shall attend and answer all questions put to him by a commissioner touching the matters being or to be inquired into and shall produce before the commissioners all books, papers and documents required of him, and in his custody or control. (3) The testimony of the witnesses may be taken upon oath or affirmation which may be administered by any one commissioner. C. S., c. 12, s. 3, part am. 6. (1) If a person on whom a summons has been served Service. either personally or by leaving a copy thereof for him with some adult person at his last or most usual place of abode fails to appear before the commissioners, a warrant, Form Warrant. B, may be issued. (2) A summons may be served by any person. (3) A warrant may be executed by a sheriff or a constable. C. S., c. 12, s. 4, am. 7. (1) A person refusing to be sworn when duly required, or omitting or refusing without just cause, sufficiently to answer any question put to him by a commissioner, may be committed by warrant, Form C, to the common gaol of the county in which the inquiry is then being held for a term not exceeding thirty days. (2) On the last day of the term for which such person Recommittal. has been imprisoned the sheriff or gaoler (in whose custody such person then is) shall bring such person before the commissioners and if he persists in his former refusal, the commissioners may recommit him for a further period not exceeding thirty days, and so on from time to time until such person ceases to persist in such refusal. (3) A person refusing to produce before the commissioners Refusal to any book, paper or document in his custody or control may documents. produce be punished by the commissioners in the same manner as if such person had refused to be sworn or to answer a question put to him by the commissioners. C. S., c. 12, s. 5, am. commission. 8. The commissioners, when holding their court, shall Powers of have the like power for the preservation of order therein, and for the punishment of any disturbance or contempt committed in the face of the court, as is possessed by a Judge of the Supreme Court when sitting for the trial of causes at any Circuit Court. C. S., c. 12, s. 6. of witnesses. 9. Witnesses attending before the commissioners, shall Compensation be entitled to reasonable compensation, and the amount thereof shall be fixed and determined by the commissioners, and paid by warrant of the Lieutenant-Governor, on the certificate of the commissioners. C. S., c. 12, s. 7, am. Report. Payment. Privilege. Defence. Inquiry by Public Works. Compensation of witnesses. 10. The commissioners shall report the evidence taken before them and the finding thereon and the proceedings of the commission to the Provincial Secretary to be by him laid before the Governor in Council. C. S., c. 12, s. 9. 11. The Governor in Council may pay the commissioners for their services and expenses by warrant out of the public moneys of the Province. C. S., c. 12, s. 10, am. 12. No action shall be brought or maintained against any commissioner or commissioners by reason of any act purporting to be done by him or them in his or their capacity as such commissioner or commissioners, unless it shall appear that such act was done by such commissioner or commissioners without reasonable cause, and with actual malice, and wholly without jurisdiction. C. S., c. 12, s. 11. 13. In any such action the defendant may plead the general issue, and give the special matter in evidence. C. S., c. 12, s. 12. 14. (1) The Minister of Lands and Mines or the Minister of Public Works, may at any time hold an inquiry into any matter connected with his department, and for that purpose shall have all the powers herein given to commissioners appointed under section 3, and all the provisions of this Chapter in reference to witnesses, evidence, production of documents, commitment for refusal to appear or testify, and preservation of order in the court on such inquiry, shall apply and extend to the Minister of Lands and Mines, or the Minister of Public Works, and to all acts, matters and things done by him in the course of such inquiry, or preliminary thereto or consequent thereon. (2) Witnesses attending shall be entitled to reasonable compensation and the amount thereof shall be fixed by the minister and paid by warrant of the Lieutenant-Governor. C. S., c. 12, s. 13, am. To A. B. FORM A (Section 5.) You are hereby summoned to attend personally before the commissioners appointed under the Great Seal of the Province to inquire into (stating the cause), at |