hongkong-colonial-ordinances-1847 — Page 171

9º VICTORIE. -No . 3 OF 1846. 33


of or in the said Court, except so much of the Schedule of such
Prisoner as may be necessary for the Purpose.


LVIII. And be it enacted and ordained , That if any Prisoner or Persons swearing
under this Or-
other Person taking an Oath under the Provisions of this Ordinance dinance liable to Pu-
shall wilfully forswear and perjure himself in any Oath to be taken nishment inflicted for
Perjury.
under this Ordinance, and shall be lawfully convicted thereof, the
Person so offending shall suffer such Punishment as may by Law be
inflicted on Persons convicted of wilful and corrupt Perjury ; and that
in all cases wherein by this Ordinance an Oath is required, the
solemn Affirmation of any Person, being a Quaker or other Person
by Law allowed to Affirm, shall and may be accepted and taken in
lieu thereof; and that every Person making such Affirmation who
shall be convicted of wilful false Affirmation shall incur and suffer
such and the same Penalties as are inflicted and imposed upon
Persons convicted of wilful and corrupt Perjury.


LIX. And be it enacted and ordained, That if any Person who Mode of proceeding
with Prisoners of Un-
shall at any Time be a Prisoner in any such Prison as aforesaid, sound Mind.
upon any such Process as aforesaid, shall be or become of Unsound
Mind, and therefore incapable of taking the Benefit of this Ordinance
in such Manner as he or she might have done if of Sound Mind, the
Gaoler or Keeper of such Prison shall forthwith require One or more
Justice or Justices to attend at the said Prison, and inquire into the
State of Mind of such Prisoner ; and thereupon, and also in case any
such Justice or Justices shall receive Information by other Means,
that any such Prisoner is of Unsound Mind as aforesaid, such Justice
or Justices shall go to the said Prison, and by his or their own View,
and by Examination on Oath of such Person or Persons as he or they
shall think fit to examine, shall inquire into the State of Mind of
such Prisoner ; and if it shall appear to such Justice or Justices
upon such Inquiry that such Prisoner is of Unsound Mind, and there-
fore incapable of taking the Benefit of this Ordinance in such Manner
as a Person of Sound Mind might do, such Justice or Justices shall
forthwith make a Record of the Fact, and certify the same to the
said Court; and thereupon it shall be lawful for the said Court, at the Application may be
Instance of any Person or Persons on behalf of such Prisoner, to order made
behalf by Persons
of such on
Prison-
Notice to be inserted in the Two public Newspapers aforesaid, that Ap- ers.
plication will be made to the said Court for the Discharge of such Pri-
soner on a Day to be specified in such Order and Notice, being Twenty-
one Days at least from the Day of Publication of such one of the said
Newspapers containing such Notice as shall be last published, which
Notice, together with the Service of the like Notice on the Creditor
or Creditors at whose Suit such Prisoner shall be detained in Custody,
or his or their Attorney or Attorneys in such Suit, shall be deemed
sufficient to authorize the said Court to proceed to the Discharge of
such Prisoner, if otherwise entitled to such Discharge, according to
the true Intent and Meaning of this Ordinance ; and the said Court Courtmay discharge
shall proceed accordingly, and shall discharge such Prisoner from such Prisoner.
Custody, and do all other Acts under this Ordinance, in case it shall
appear that such Prisoner might have obtained his or her Discharge
under this Ordinance if he or she had been of Sound Mind ; and
thereupon all and every Estate, Right, Title, Interest in Law and
Equity, Real and Personal, Power, Benefit, and Emolument what-
soever, which, if such Prisoner was of Sound Mind, could or ought to
I be