9º VICTORIE.- No. 6 OF 1845. 23
not exceeding 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 .
XXVIII. And be it further enacted and ordained, That if in any Perjury.
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 Affir-
mation, has committed wilful and corrupt Prejury, or that any Person,
in swearing or affirmation 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 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 herein-
before given shall be in full Force and Operation, notwithstanding
any Irregularity or Want of Form in the Administration of the
Oath or Affirmation .
XXIX . And be it further enacted and ordained, That the Go- Writ of Error.
vernor, 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 otherwise : 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 Interpretation Clause.
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.