AAJJ
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68 ORDINANCE No. 15 OF 1844.
Supreme Court.
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. 61. 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 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 where any
person examined as a witness, or making any statement in the nature of an affidavit,
shall be of Chinese origin or extraction, the powers hereinbefore given shall be in full
force and operation, although no oath shall have been administered to such witness or
person making such statement as aforesaid, or, if administered , notwithstanding any
irregularity or want of form in the administration thereof.
Court may order 62. And be it further enacted and ordained , that it shall be lawful for the said
money to be paid
by instalments. Supreme Court to order and adjudge any sum of money recovered therein, in any
action or suit whatsoever, to be paid at such time, or intervals of time, and in such
portions, or instalments, as the circumstances of the case may render just and expedient :
Provided, that the time within which any such sum of money shall be made payable,
whether by instalments or otherwise, shall in no case, except with the consent of the
plaintiff, exceed six months from the time of making such order and adjudication as
aforesaid : Provided also, that where the money so recovered shall be ordered to be
paid by instalments, if the defendant shall make default in payment of any of such
instalments, the whole of the instalments then remaining unpaid shall become due, and
the plaintiff shall be at liberty to proceed for the recovery thereof, together with all
costs, in the same manner as if no such order as aforesaid had been made.
Execution of 63. And be it further enacted and ordained , that the party in whose favour any
judgments, &c.
final judgment, decree, or sentence of the said Court, in any civil suit or action , has
been pronounced or given, where, by law, or by this Ordinance, there can be no appeal
to Her Majesty in Council, or where, there being such right of appeal, no petition for
leave to appeal is lodged within the time appointed for so doing, may, at his own risk,
and without any leave for that purpose, sue out of the office of the Registrar of the said