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servant, by order or under the authority of the Senate or House of Commons, as the case may be, together with an affidavit verifying such certificate ; and such Court or Judge shall thereupon immediately stay such Civil or Criminal proceedings, and the same and every Writ or Process issued therein shall be and shall be deemed, and taken to be finally put an end to, determined and superseded by virtue of this Act.
The like in cases commenced hereafter.5. In case of any Civil or Criminal Proceedings hereafter to be commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes or proceedings, the defendant at any stage of the proceedings may lay before the Court or Judge, such report, paper, votes or proceedings, and such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy, and the Court or Judge shall immediately stay such Civil or Criminal proceedings, and the same and every Writ or Process issued therein, shall be and shall be deemed to be finally put an end to, determined and superseded by virtue of this Act.
What proof may be made under the plea of general issue, in action for publishing extracts, &c., of such reports, &c.6. It shall be lawful in any Civil or Criminal proceeding to be commenced or prosecuted for printing any extract from or abstract of any such report, paper, votes or proceedings, to give in evidence under the general issue or denial, such report, paper, votes or proceedings, and to show that such extract or abstract was published bonâ fide and without malice, and if such shall be the opinion of the Jury, a Verdict of not guilty shall be entered for the Defendant.
An Act to provide for Oaths to Witnesses being administered in certain cases for the purposes of either House of Parliament.
[Assented to 22nd May, 1868.]
Preamble.Whereas it is expedient that the Senate should have power to examine witnesses at the Bar on Oath ; and whereas it is also expedient that evidence taken before any Select Committee of either House of Parliament on a Private Bill, should be available, if desired, before the Committee of the other House to which the same Bill is referred, and that for this purpose the Select Committees of the Senate and of the House of Commons on Private Bills, should be enabled to administer an oath to the witnesses examined before them : Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
Examination of oath at Bar of Senate.1. Witnesses may be examined upon oath at the Bar of the Senate, and for that purpose the Clerk of the House may administer an oath to any such witness.2.
