ORDINANCE No. 15 OF 1856 . 365
Evidence-Trial by Jury.
Court or person, an indictment or information may be presented or exhibited against
him, charging him with having, on the day or days of his said examination or examina
tions, wilfully and knowingly made the said conflicting or contradictory statements,
and setting forth the short material purport or effect thereof respectively ; and if such
witness shall be thereof convicted in whole or in part, he shall suffer the penalties of
perjury.
6. If the Court before which the statements in section 5 mentioned, or the last Or (if before the
Supreme Court
of them, shall have been so made shall happen to be the Supreme Court, or the Court or Petty Sessions)
summarily,
unless they shall
of Petty Sessions, such Court may, if it shall think fit, either direct a prosecution of direct a prosecu
tion.
the same for perjury, and commit the offender unless he shall give bail for trial at the
next sessions of the Court so committing, or treat the same as a 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
a term not exceeding for every such offence six calendar months, which punishment
shall be in lieu of all other penalties hereby provided.
7. In proceedings under sections 5 and 6 of this Ordinance, it shall not be Not necessary in
such cases to
necessary to enquire, state, or prove the respective truth or falsehood of any such ascertain the
truth of such
statements . statements.
8. The materiality of any false testimony to the issue or matter in question shall Materiality of
false testimony
not essential to
not be deemed essential in determining the character of the offence thereby committed ; constitute the
offence of
and every person guilty of false testimony shall, without regard to the materiality or perjury.
immateriality thereof to any such issue or matter, suffer the penalties of perjury, if
the jury at his trial shall think fit to convict him of his said offence.
9. Matters of inducement, and averments, whether affirmative or negative, shall Shortening the
form of indict
ments and infor
no longer be introduced into indictments or informations for perjury, false witness , or mations for per
jury, &c.
false declaration ; and it shall be sufficient to charge therein, according to the facts,
that the defendant, on the day or days, falsely, knowingly, and wilfully stated before
the Court or person empowered as aforesaid, the matters alleged to be false, setting
forth the same shortly, and according to the substantial effect thereof.
10. Section 5 of Ordinance No. 4 of 1851 is hereby amended, by substituting Ordinances No. 4
of 1851, (§§ 5, 6,
the word ' February ' for the word ' January' ;-Sections 6 and 7 of the same & 7,) and No. 14
of 1856, § 2,
amended and
Ordinance are hereby revived and confirmed ; -Section 2 of Ordinance No. 14 of 1856 confirmed ; and
Ordinances No. 1
is hereby amended by inserting the word ' First ' before the word ' Schedule ' ;-And of 1851, and No.
4 of 1854
Ordinances No. 1 of 1851 and No. 4 of 1854 are hereby repealed. repealed.
11. The word ' Witness ' in this Ordinance shall extend to every person whose Witness de
fined.
answer, deposition , affidavit, or other declaration upon oath, either viva voce, in writing ,
or upon record, may be taken or might have been taken but for this Ordinance.
[ Disallowance Proclaimed 23rd May, 1857 ; repealed by Ordinance No. 4 of 1887. ]