1890_SUPREME_COURT_ORDINANCE_2 — Page 9

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Perjury,

Writ of error.

Interpretation clause.

ORDINANCE No. 6 of 1845.

Supreme Court.

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 exceeding two calendar months: Provided, that nothing herein contained shall affect 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.

28. 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 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 affirmation.

29. And be it further enacted 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 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. [Repealed by Ordinance No. 2 of 1846.]

30. And be it further enacted and ordained, that in the 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.