458
No. 2 of 1889.
EVIDENCE.
Punishment for false declaration.
[17 & 18 Vict. c. 125 s. 24; 24 & 25 Vict. c. 66 s. 2.]
PART VI.
PERJURY, ETC.
46. Every person making or subscribing any affirmation 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 is provided or enacted for the punishment of wilful and corrupt perjury.
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 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 any such affidavit, affirmation, or notarial act within the meaning of section 19 which is proved to be false, knowing the same to be false, shall be liable to the penalties of perjury.
Punishment for tendering in evidence false document or making contradictory statement of fact.
[cf. No. 3 of 1873 s. 31.]
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 or has been so made before the Supreme Court or before a Magistrate, such Court or Magistrate may either direct a prosecution of the same offence for perjury and commit the offender, unless he gives bail, for trial at the next assize, or treat the same as contempt of Court and forthwith proceed summarily to punish the same either by a fine not exceeding for every such offence $200, or by imprisonment for any term not exceeding 6 months, and such punishment shall be in lieu of all other penalties.
* As amended by No. 62 of 1911.
* As amended by No. 62 of 1911 and No. 63 of 1911.
* As amended by No. 30 of 1911, No. 62 of 1911, No. 63 of 1911 and No. 21 of 1912.