242
and also to require all public officers of the Colony, (except the Governor) and
all public officers of any Province thereof, to produce any books, papers, and
documents relating to the public service.

Power of Provincial
Council to compel at-
tendance of persons to
give evidence, &c.
3. The Provincial Councils of the Provinces of New Zealand shall severally
have power by warrant of the Speakers thereof respectively, to require all persons
whomsoever within any such Province, except the Governor, the Judges of the
Supreme Court, the members of the Executive Council of the Colony, the
members of the General Assmbly, and the Superintendents of Provinces, to
attend such Provincial Council, or any Committee of the same, for the purpose
of giving evidence on any matter relating to the public service of the Province,
and also to require all such persons within such Province except as aforesaid, to
produce any books, papers, and documents relating to the public service thereof.
Provided that no such attendance before such Council or Committee shall be
required to continue beyond a longer period than six consecutive days during
any one session.

Persons refusing or
neglecting to obey
warrant liable to pe-
nalty.
4. Any person refusing or neglecting to obey any such Warrant
aforesaid, to attend, or to produce such papers as aforesaid, or to an-
swer any questions pertinent to the matter in question put to him by such
Legislative Body or Committee, shall be liable, unless some reasonable cause
shall be shown, to such penalty not exceeding twenty pounds as shall be im-
posed by such Legislative Body, and in default of payment thereof may be
committed to a common gaol or other convenient place to be named by the
Speaker for a period not exceeding one month, to be fixed by such Legislative
Body, or until such fine shall be paid. Provided always that such person's
attendance as a witness or a juror in any Court of Justice, after having been
duly required to attend by lawful process, shall (amongst others) be deemed
a reasonable excuse, and no person shall be compelled to answer any ques-
tion to which an answer could not be required from a witness on examination
in the Supreme Court. Provided also that every person who shall attend
to give evidence in obedience to any such warrant shall be entitled to receive
expenses equal in amount to those allowed to witnesses under like circum-
stances by the Supreme Court.

Nothing in these pro-
visions to apply to offi-
cers of the army or
navy.
5. Nothing in the foregoing provisions of this Act shall apply to any
officer or other person serving on full pay in her Majesty's Army or Navy,
unless such officer or other person shall hold some civil appointments in the
colony, and the purposes for which the said provisions are enforced shall have
reference to the civil government thereof.

Members or persons
giving evidence and
officers of Government
not liable to actions for
libel in certain cases.
6. All words spoken by any member of any Legislative Body in his place
therein or in any Committee thereof, and all words spoken by any person in
evidence before any such Legislative Body or any Committee of the same,
and all words spoken by the Superintendent of any Province in addressing
any Provincial Council, and all written communications from any officer of
the Government of the Colony, or of any Province thereof, to any other
person whomsoever, on or relating to the public service of the said Colony
or of such Province, shall be taken and deemed to be words spoken or com-
munications written under privilege, and no such person shall be liable to
any action, suit, prosecution, or other proceeding for libel or scandal on ac-
count of such words or communications, in any court of law, unless it shall be
proved that the same were spoken or written without probable cause, and
that the person speaking or writing the same was actuated by malice
towards the person affected thereby, or if it shall be proved that the same
were substantially true.

Act to be deemed in
force from proclama-
tion of Constitution
Act.
7. The privileges and immunities hereinbefore declared or conferred
shall be deemed to have existed in full force from the date of the Procla-
mation of the Constitution Act within the said Colony, and no person shall
be liable to anyaaction, suit, prosecution, or other legal proceedings in res-
pect of any communication or words written or spoken by him which
are declared to be privileged by this Act; and all actions, suits, pro-
secutions, or other legal proceedings which have been brought or com-
menced in respect of any such communications or words, shall forthwith