1890_JURIES_AND_EVIDENCE_ORDINANCE — Page 2

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ORDINANCE No. 7 OF 1857.

Evidence.

Contradictory statements by the same witness may be punished as perjury, if material to the Issue.

Or (if before the Supreme Court or Petty Sessions) summarily,

unless a prosecn- tion be directed, and the like in case of tendering false documents.

Shortening the form of indict- ments and Infor- mations for per- jury, &c.

Ordinances No. 4 of 1851, (§§ 5, 6,

& 7,) and No. 14 of 1856, § 2, amended and confirmed; and

Ordinances No. 1 of 1851, and No. 4 of 1854

repealed.

duly

of his said evidence, be by, or by the order of, the said Court or person warned to speak the truth, and informed of the penalties to which, in case he shall not speak the truth, he will become liable; it being hereby declared and enacted, that the penalties of perjury shall be deemed and taken to apply to false testimony given by any such witness, whether sworn or unsworn, in any case where, if he had given the same upon oath, he would by Law have thereby become liable to the same. [Repealed by Ordinance No. 2 of 1860.]

6. Where two or more contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully and knowingly made by one and the same witness, before any Court or person empowered as aforesaid, either at the same examination or at two or more examinations, and whether before the same Court or person, or before any other Court or person, and whether the respective truth or false- hood of the said statements can be ascertained or not, 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 examinations, 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.

7. If the Court before which any false document within the meaning of section 2 shall have been tendered, or before which the statements in section 6 mentioned, or the last of them, shall have been so made, shall happen to be the Supreme Court, or the Court of Petty Sessions, such Court may, if it shall think fit, either direct a pro- secution of the same offence 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 lahour, for a term not exceeding for every such offence six calendar months, which punishment shall be in lieu of all other penalties hereby provided.

8. Matters of inducement, and averments, whether affirmative or negative, shall no longer be introduced into indictments or informations for perjury, false witness, or false declaration; and it shall be sufficient to charge therein, according to the facts, that the defendant, on the day or days named, falsely, knowingly, and wilfully stated or tendered 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. [Repealed by Ordinance No. 3 of 1865.]

9. Section 5 of Ordinance No. 4 of 1851 is hereby amended, by substituting the word 'February' for the word 'January' ;-Sections 6 and 7 of the same Ordinance are hereby revived and confirmed;-Section 2 of Ordinance No. 14 of 1856, is hereby amended by inserting the word 'First' before the word 'Schedule ' ;—And Ordinances No. 1 of 1851 and No. 4 of 1854, are hereby repealed. [So much as relates to sections 5, 6 & 7 of Ordinance No. 4 of 1851 repealed by Ordinance No. 11 of 1864.]