for 7. persons, papers, &c. And be it Enacted, That the Commissioners to be appointed in Power to send pursuance of this Act shall be authorized by a summons under their hands and seals, or under the hand and seal of any One of them, to require the attendance before them, at a time mentioned in the sum5 mons, of any person or persons whomsoever, competent, or whom the said Commissioners shall believe to be competent, to give evidence upon any question depending before them, and require all persons to bring before them such books, papers, deeds and writings relating thereunto, as shall be necessary for carrying into execution the pur10 poses of this Act; all which persons shall be required to attend the said Commissioners according to the tenor of the summons. 15 AND whereas it is expedient to make provision for bringing persons detained in custody under civil or criminal process to be examined before the said Commissioners, touching such things as are necessary for the execution of the powers vested in them by this Act; BE it Enacted, That from and after the passing of this Act, it shall be lawful for any Judge of Her Majesty's Superior Courts of Common Law at Westminster, at his discretion, to award a writ or writs of Habeas Corpus for bringing any prisoner or prisoners detained in any 20 gaol or prison in England, before the said Commissioners of Inquiry, to be by them examined touching the matters aforesaid, And be it Enacted, That the said Commissioners or one of them shall administer an oath, or, in the case of persons allowed by law to make affirmation instead of taking an oath, an affirmation, to all per25 sons who shall be examined before them. And be it Enacted, That every person upon whom any such summons shall be served by the delivery thereof to him or her, by the leaving thereof at his or her usual place of abode, who shall, without reasonable cause, to be allowed by the said Commissioners of Inquiry, fail to 30 appear before them at the time and place mentioned in the summons, 35 or who shall refuse to be sworn or make affirmation (as the case may be), or who shall not make answer to such questions as shall be put to him or her touching any matter depending before the said Commissioners, or who shall refuse or fail without reasonable cause (to be allowed by the said Commissioners) to produce and show to the said Commissioners any such books, papers, deeds and writings relating to any matter depending before them, as shall be required by them as aforesaid, shall become liable to all such fines and penalties as any person may by law become liable to for default of appearance 40 or for refusing to be sworn or to give evidence upon any issue joined in any action depending in Her Majesty's Court of Queen's Bench; and the said Commissioners shall have the same powers for imposing 8. Writs of Habeas Cor pus may be bringing upgranted for persons in custody to bo' examined, 9. Commisexamine on sioners to oath. 10. Penalty for ance or refus ing to give non-attend evidence. 11. Penalty for false swear ing. 12. Persons not compelled to tions which and causing to be levied and recovered any such fines and penalties as aforesaid, as in the like case are vested in any Judge of the said Court. And be it Declared and Enacted, That every person who upon examination upon oath or affirmation before the said Commissioners of Inquiry shall wilfully give false evidence, shall be liable to the pains and penalties of Perjury. 5 Provided always, and be it Enacted, That no person shall be comanswer Ques- pellable to answer any question, or to produce any book, paper, deed or writing, the answer to which, or the production of which, may 10 criminate or tend to criminate such person, or to expose such person to any pains or penalties. may criminate themselves. 13. Limitation of Actions. 14. Act may be amended or repealed. And be it Enacted, That no action shall be brought against the said Commissioners or either of them, or any other person or persons whomsoever, for any thing done in the execution of this Act, unless 15 such action shall be brought within Sir calendar Months next after the doing of such thing. And be it Enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. A BILL [AS AMENDED BY THE COMMITTEE] For appointing Commissioners to inquire as to the Issue, 5 10 HEREAS certain Documents purporting to be Exchequer Preamble. Bills have been presented at the Exchequer for examination, and have been there detained as forged; and there is reason to believe that other Documents purporting to be Exchequer Bills have been put into circulation, and are now holden by divers persons: And whereas it is highly expedient for the public service that an inquiry should be made by Commissioners to be specially appointed for that purpose into the manner whereby such Documents came into the possession of the parties by whom the same have been so presented, or by whom they may now be holden; B it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT the Right honourable William Earl of Devon, Henry John 15 Stephen, esquire, Serjeant-at-Law, and Robert Mitford, esquire, be constituted and appointed Commissioners of Inquiry, for the purpose of this Act; and in case of the death, resignation or becoming incapable to act of any of the said Commissioners, then, and as often as the same shall happen, it shall be lawful for Her Majesty, by a commission under the Great Seal of Great Britain, to constitute and 20 appoint a person to be a Commissioner of Inquiry for the purposes of this Act, in the place of the Commissioner so dying, resigning or becoming incapable to act. 1. Commisappointed. sioners to be |