penses and com-
nesses.
said Court until the same shall be paid: Provided, that in any case in which compensation shall have been awarded as aforesaid, it shall not be lawful for the Defendant to proceed against the Plaintiff, by action or otherwise, for the recovery of
any other or further sum of money by way of damages for such arrest or holding to bail.
Allowance of ex- XXVI. And be it further enacted and ordained, That it pensation to wit. shall and may be lawful to and for the said Supreme Court, in all proceedings therein, whether of a civil or criminal nature, to order and allow to all persons examined or detained as witnesses in any such proceeding, such sum or sums of money as to the said Court shall seem fit, as well for defray- ing the reasonable expenses of such witnesses, as for affording them a reasonable compensation for their trouble and loss
Punishment of witnesses for non-
of time.
XXVII. And be it further enacted and ordained, That if attendance, and of any person served with a Subpoena to attend the said Supreme persons guilty of a Court as a witness in any suit or action therein, or upon the contempt of Court. Trial of any indictment or information, shall refuse or neglect to attend the said Court pursuant to such Subpoena, or if any person shall be guilty of any contempt before the said Court, it shall be lawful for the said Court to punish any such person in a summary way, by fine not exceeding One Hundred Dollars, or by Imprisonment for any time not ex- ceeding Two Calendar Months: Provided, that nothing herein contained shall effect or abridge the right of any Plaintiff or Defendant to proceed against any party for not appearing pursuant to his Subpoena, for the recovery of any special damage such Plaintiff or Defendant may have sustained by reason of the disobedience of any such party.
Perjury,
XXVIII. And be it further enacted and ordained, that if in any suit or action, or in any proceeding connected therewith, it shall appear to the Chief Justice of the said Supreme Court, that any person examined as a witness upon oath, or, if a Quaker, on affirmation, has committed wilful and corrupt perjury, or that any person, in swearing or affirming in any affidavit or affirmation required to be made before the said Chief Justice, has been guilty of the like offence, then, and in each and every such case, it shall and may be lawful for the said Chief Justice to direct a prosecution for perjury to be forthwith instituted against any such person so falsely swearing or affirming as aforesaid, in order that he or she may be punished according to law; or where such perjury is committed by any person examined as a witness in open Court, it shall be lawful for the said Chief Justice, instead of directing such prosecution to be instituted as aforesaid, either to commit such witness, as for a contempt of the Court, to
the
the prison of the said Court, for any time not exceeding Two Calendar Months, or to fine such witness in any sum not exceeding One Hundred Dollars: Provided, that the powers hereinbefore given shall be in full force and operation, not- withstanding any irregularity or want of form in the admi- nistration of the oath or affirmation.
XXIX. And be it further enacted and ordained, That the Governor, in his Executive Council, shall constitute and be a Court of Error and Appeal, to whom it shall be lawful for any party to appeal by writ of error, or petition, from any decision, decree, or order of the said Supreme Court, in all matters of Law and Equity, where the matter in dispute shall amount to the sum of one thousand five hundred Dollars, but not other- wise: Provided, that no such writ of error, or petition, shall be allowed after the expiration of fourteen days next after the decision, decree, or order of the said Court shall have been pronounced.
XXX. And be it further enacted and ordained, That in the construction of this Ordinance wherever in describing any person or party, matter or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include, and shall be applied to, several persons or parties as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing, respectively, unless there be something in the subject or context repugnant to such construction.
JOHN FRANCIS DAVIS
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 19th day of August, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Add This Chelten
SCHEDULE TO WHICH THIS ORDINANCE REFER.
No. I.
Writ of Capias ad Respondendum.
Vivas Britain
and Iret by the Grace of God of that, to the Sheriff of the Colony of" Hongkong, or his lawful Deputy, Greeting:-
Street in Victoria,
We commend you that you take C. D. of Merchant, as the case may be) if he be found in this Colony, and him safely keep, untie shall have given you bail, or made deposit with you according to law, or un the said C. D. shall by other lawful means be discharged from Custody,
appear before our Chief Justice of the Supreme Court of our said Coly at Victoria within eight days after the execution hereof on him,
that he
your
inclusive
Writ of Error.
Interpretation
clause.
131