A.D. 1889.]
EVIDENCE.
other document as the case may be] are true.”
[No. 2.
645
45. Every affirmation and declaration or declaration alone shall be of the same force and effect as an oath in the usual form.
Effect of affirmation, declaration, etc.
PART VI.
PERJURY, ETC.
of false affirmation or declaration.
17 & 18 Viet. C. 125 s. 24:
46. Every person making or subscribing any affirmation and declaration or declaration who wilfully, falsely, and corruptly affirms, declares, or subscribes any matter or thing which, if the same had been sworn, would have amounted to wilful and corrupt perjury shall incur the same penalties as by any law or Ordinance in force within the Colony is or may be provided or enacted for the punishment of wilful and corrupt perjury.
24 & 25 Vict. c. 66 s. 2.
Liability of witness making contradictory statements to penalties of perjury.
3773
47. Where two or more contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully and knowingly made by one and the same witness in any proceedings before the Court, whether at the same examination or at two or more examinations, and whether before the same court or person or before any other court or person, and whether the respective truth or falsehood of the said statements can be ascertained or not, an indictment may be preferred against him, charging him with having, on the day or days of his said examination or examinations, wilfully and knowingly made the said contradictory statements, and setting forth the short material purport or effect thereof respectively, and, on conviction thereof, either in whole or in part, such witness shall be liable to the penalties of perjury.
48. Every person who tenders in evidence in any proceedings in this Colony any such affidavit, affirmation, or notarial act as is mentioned or referred to in section 19 which is proved to be false, knowing the same to be false, shall, on conviction thereof, be liable to the penalties of perjury.
Liability of person tendering false affidavit, etc., to penalties of perjury.
Punishment for tendering in evidence false document or making contradictory statements of fact.
49. If any false document within the meaning of section 19 has been tendered in evidence or the statements mentioned in section 47 or the last of them have been so made before the Supreme Court or before a Police Magistrate, such Court or Magistrate may, if it or he thinks fit, either direct a prosecution of the same offence for perjury and commit the offender, unless he gives bail, for trial at the next Criminal Session of the Supreme Court, or treat the same as contempt of Court and forthwith proceed summarily to punish the same either by fine not exceeding for every such offence two hundred dollars or by imprisonment, with or without hard labour, for any term not exceeding six months, and such punishment shall be in lieu of all other penalties.
See also Ordinance No. 3 of 1873 s. 31.