SUPPLEMENT.
Two calendar months; Provided, that nothing here- in contained shall effect or abridge the right of anv Plaintiff or Defendant to proceed against any party for not appearing pursuant to his Subpana, for tho recovery of any special damage such Plaintiff or De fendant may have sustained by reason of the disobe dience 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 Cinef 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 ar prosecution for perjury to be forthwith instituted against any such person so falsely swearing or af firming as aforesaid, in order that he or she may be panished 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 Jus- tice, instead of directing such prosecution to be insti tuted 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 ex- ceeding One Hundred Dollars: Provided, that the powers hereinbefore given shall be in full force and operation, notwithstanding any irregularity or want of form in the administration of the oath or affirma- tion.
XXIX. And be it further en- adted 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 Equi- iy, where the matter in dispute shall amount to the sum of one thousand five hundret Dollars, but not otherwise; Provided, that no such writ of error, or petition, shall be allowed after the expiration of four- teen days next after the decision, decree, or order of the said Court shall have been pronounced.
Writ of Error.
XXX And be it further Interpretation clause. enacted and ordained, That in the construction of the Ordi- nance, wherever, in describing any person or party, natter or thing, the word importing the singular number or the masculine gender only is used, the shall be understood to include, and shall be applied 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 sometning in the subject or context repugnant to such construction.
to,
J. F. DAVIS,
Governor &c. &c.
Passed the Legislative Council of Hongkong
this 19th day of August, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Council.
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
No. I.
Writ of Capias ad Respondendum,
Writ of Capias ad respondendum Sec. 21.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting:- Street We command you that you take C.D. of Victoria, Merchant, (OR 49 THE CASE MAY BE) if he be found in this Colony, and him eafely keep, until he shall bave given you bail, or made deposit with you according to law, or until. the said C. D. shall by other lawful means be discharged from your Custody, so that he appear before our Chlef Justice of the Supreme Court of our said Colony at Victoria within eight days after the execution hereof on him, inclusive of the day of such execution, then and there to answer A, B, whereof he bath not ("paid to the said A. B. the sum of
Dollars of good and lawful money current in the said Colony, which he owes to, and unjustly detains from him,” en “hath not delivered to the said A. B. n certain boat, together with its oare, furniture, &c." on "other moveable thing which the said C. D. unlawfully detams from the said A. B." or "hath not satisfied the said A. B. his damages, which the said A. B. hath sustained in respect of," &C., (STATING ANY WRONG OR INJURY COMMITTED by the DeteNDANT, 49 THE CASE MAY DE) na it is said and in default of such appearance, after having given a bail bond, the Plaizul to be at liberty to proceed against the Sheriff or on the bail bond; and we do further command you, that on execution here..f, you do deliver a copy hereof to the eaid Defendant; and we do further com. mand you, that immediately after the execution hereof, you do return this writ to our said Supreme Court of Hongkong, Logeiber with the manner in which you shall have executed the same, and the day of the precution thereof.
Witness the Honorable John Walter Huine Our Chief Justico of our said Cobuy at Victoria the day of
in the
Year of our fleign.
G. H.
Street Victoria,
No.
Plaintiff's Attorney
(or if the Plaintif sus in person)
A. B. of
Plaintiff
Bail-bond to the
Sherf Bec. 21-
No. 2.
From of Bail-band.
KNOW allow by these presents, and
that we, C. D. of
L. M. of
firmaly bound to
are bald and Sheriff of
Dob
the Colony of Hongkong, in the penal sum of lars (poris rƏR BÜM G2 TALES OF THE THING MENTIONED 13 722 w217) of good and lawful money current in the said Co. lony, to be paid to the said Sheriff, or his certain attorney, exécutors, administrators, or assigns; for which payment to be well and faithfully and we bind ourselves, and each of ea for himself, in the whoir, our and every of our heita, exp- cetam, and administrators, firmly by these presents. In wines ubercof we have, bereanto eet our hands and evals
day of
in the Year of Our Loca
་་
xg
Candidias
that if the shore bouzdra C. D. de appear in person, or by bis Asorey, bedes the Chef Justice of the Sapreme Count of on Lady de Quers of the Colby of Hongkong on the
day of aver A. B. whereof frezcSING TER PLATEDELST IN TAL WHIT OF Carias ** Resettanee) and also aboli stand id, abide, and peržena tha Judgment of the maid Cut Gerion. ta vender timonelf so the prize of são said Comm ja exeatitas. thereof, and shell out remora o sibire any of his pra perty foum sed cut of the parisiensa of the said Court, then this offigation, to be vold, sherwise to rettán in fik fores,
Signed, Brated, and Delivered C. D
in the presence of
MN. 0.7.
Editet. Printed and Published by Jean ChES, At The Friend of Chess and Hughing Gazelle, Pristing Ofte Grens's Read
ICTORIA, Hosakano, 1845,
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