1196
Allowance of expenses and compensation to witnesses.
ORDINANCE No. 12 of 1873.
Supreme Court (Reconstitution).
persons so admitted shall be admitted for a period of three months only, and shall not be re-admitted without obvious necessity.
21. It shall and may be lawful, to and for the presiding Judge, in all proceedings 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 shall seem 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. [No. 6 of 1845, §.26.]
Punishment of witnesses for non-attendance. Contempt of Court.
§.27.
22. If any person served with a subpoena to attend the Supreme Court as a witness in any suit or action therein, or upon the trial of indictment or information, shall refuse or neglect to attend the Court [No.6 of 1845, §.27.] pursuant to such subpoena, or if any person shall be guilty of any contempt before the Court, it shall be lawful for the presiding Judge 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 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.
Summary punishment for perjury. [No. 6 of 1845, §. 28.]
23. If in any cause, suit, or action, civil or criminal, or in any proceeding connected therewith, it shall appear to the Court that any person examined as a witness upon oath or declaration, or if a Quaker on affirmation, has committed wilful and corrupt perjury, or that any person, in swearing, declaring, or affirming in any affidavit, declaration or affirmation required to be made before the Court, has been guilty of the like offence, then in each and every such case, it shall and may be lawful for the Court to direct a prosecution for perjury to be forthwith instituted against any such person so falsely swearing, declaring, or affirming as aforesaid, in order that he 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 Court instead of directing such prosecution to be instituted as aforesaid, either to commit such witness, as for a contempt of the Court, to prison, for any time not exceeding three months, with or without hard labor, or to fine such witness in any sum not exceeding one hundred dollars: Provided that the powers herein before
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1196
Allowance of expenses and compensation to witnesses.
ORDINANCE No. 12 or 1873.
Supreme Court (Reconstitution).
persons so admitted shall be admitted for a period of three months only, and shall not be re-admitted without obvious necessity.
21. It shall and may be lawful, to and for the presiding Judge, in all proceedings therein, whether of a civil or criminal nature, to order and [No. 6 of 1845, allow to all persons examined or detained as witnesses in any such proceeding, such sum or sums of money as shall seem fit, as well for defraying the reasonable expenses of such witnesses, as for affording then a reasonable compensation for their trouble and loss of time.
8.26.]
Punishment of witnesses
for non- attendance. Contempt of Court.
3.27.
any
22. If any person served with a subpoena to attend the Supreme Court as a witness in any suit or action therein, or upon the trial of indictment or information, shall refuse or neglect to attend the Court [No.6 of 1845, pursuant to such subpoena, or if any person shall be guilty of any contempt before the Court, it shall be lawful for the presiding Judge 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 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.
Summary punishment for perjury. [No. 6 of 1845, §. 28.]
23. If in any cause, suit, or action, civil or criminal, or in any proceeding connected therewith, it shall appear to the Court that any person examined as a witness upon oath or declaration, or if a quaker on affirmation, has committed wilful and corrupt perjury, or that any person, in swearing, declaring, or affirming in any affidavit, declaration or affirmation required to be made before the Court, has been guilty of the like offence, then in each and every such case, it shall and may be lawful for the Court to direct a prosecution for perjury to be forthwith instituted against any such person so falsely swearing, declaring, or affirming as aforesaid, in order that he 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 Court instead of directing such prosecution to be instituted as aforesaid, either to commit such witness, as for a contempt of the Court, to prison, for any time not exceeding three months, with or without hard labor, or to fine such witness in any sum not exceeding one hundred dollars: Provided that the powers herein before
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