CO129-043 - Sir Bonham - 1853 [7-12] — Page 61

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Malicious Arrest.

Allowance of Ex-

tion to Witnesses.

COLONIAL ORDINANCES.

Excention for the same; and that the said Defendant shall not, from and after the Date of such Bond or Obligation, remove or withdraw any of his Property from and out of the Jurisdiction of the said Court, so as to erade the Judgment thereof, if the same shall be for the Plaintiff (which said Bond or Obligation shall, as near as may be, be in the Form given in the Schedule hereunto annexed marked No. 2.); or if the Defendant shall pay to the Sheriff or his Deputy a sufficient Sum of Money to cover the Amount of the Debt or Damages mentioned in the Writ, together with the Cost and Charges indorsed thereon, and a further Sum of Five Dollars for the Charges of making the Arrest; or shall deliver to the said Sheriff or his Deputy the Property specified in the said Writ, or the Value thereof, either as a Deposit or Security in lieu of giving a Bail-bond, or in Satisfaction of the Suit or Action, then the said Sheriff shall permit the said Defendant to go at large, and free of the said Arrest as to such Suit or Action.

XXV. And be it further enacted and ordained, That if upon

the Trial of any Suit or Action in which the Defendant shall have been so arrested or held to bail as aforesaid, it shall appear to the said Supreme Court that the Arrest of the Defendant was Vexations and Malicious, and without any reasonable or probable Cause, and that the Order for such Arrest was obtained upon a wilful Misrepresen- tation of the Facts of the case, it shall be lawful for the Chief Justice of the said Court in his Discretion to order and adjudge the Plaintiff' in such Suit or Action to pay to the Defendant the Costs of such Arrest or Holding to Bail, together with such further Sum of Money as to the said Chief Justice shall seem fit, as a reasonable Compen- sation to the said Defendant for having been so arrested or held to bail; and in Default of Payment of any Sum of Money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justice, and he is hereby authorized, to commit the said Plaintiff to the Prison of the 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.

XXVI. And be it further enacted and ordained, That it shall penses and Compensa- and may be lawful to and for the said Supreme Court, in all Pro- ceedings 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 scem fit, as well for defraying the reasonable Expenses of such Witnesses, as for affording them a reasonable Compensation for their Trouble and Loss of Time.

Punishment of Wit-

dance, and of Persous

of Court.

XXVII. And be it further enacted and ordained, That if any nesses for Non-atten- Person served with a Subpoena to attend the said Supreme Court as guilty of a Contempt a Witness in any Suit or Action therein, or upon the Trial of any Indictment or Information, shallrefuse 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

9° VICTORIE. No. 6 or 1845.

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 Oatlı, 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 cach 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 Errer. 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.

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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.

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