the-ordinances-of-the-legislative-counci-1890 — Page 348

312 ORDINANCE No. 6 OF 1855 .


Common Law Procedure.


Trial.

Power to 17. It shall be lawful for the Court , at the trial of any cause where
adjourn trial.
it inay deem it right for the purpose of justice , to order an adjournment

for such time, and subject to such terms and conditions as to costs, and

otherwise, as the said Court may think fit.
Affirmation 18. If any person , not being a native of China, called as a witness, or required or
in stead of oath
in certain cases. desiring to make an affidavit or deposition, shall refuse, or be unwilling from alleged
[See Ord. No. 2 of
1860.]
conscientious motives, to be sworn , it shall be lawful for the Court or other presiding
officer, or person qualified to take affidavits or depositions, upon being satisfied of the
sincerity of such objection , to permit such person , instead of being sworn, to make his
or her solemn affirmation or declaration in the words following ; videlicet.

" I A. B. , do solemnly, sincerely, and truly affirm and declare, that the taking
of any oath is, according to my religious belief, unlawful ; and I do
solemnly, sincerely, and truly affirm and declare, & c.”
which solemn affirmation and declaration shall be of the same force and effect as if
such person had taken an oath in the usual form. [ Repealed by Ordinance No. 2 of
1889.]
Statement 19. If any person, being a native of China, called as a witness, or required or
instead of oath
by Chinese. desiring to make an affidavit or deposition, shall refuse or be unwilling to be sworn, it
[See Ord. No. 2 of
1860.] shall be lawful for the Court or other presiding officer, or person qualified to take
affidavits or depositions, if it or he shall think fit, after having duly cautioned or
caused to be cautioned him or her to speak the truth, to permit such person, instead of
being sworn, to make his or her statement, which statement shall be of the same force
and effect as if such person had taken an oath in the usual form . [ Repealed by
Ordinance No. 2 of 1889.]

Persons making 20. If any person, not being a native of China, making such solemn affirmation
a false affirma
tion or state or declaration, or if any person , being a native of China, making such statement, shall
ment, subject to
same punish wilfully, falsely and corruptly affirm, declare, or state any matter or thing which, if the
ment as for per
jury. same had been sworn in the usual form , would have amounted to wilful and corrupt
[See Ord. No. 2 of
1860. ]
perjury, every such person so offending shall incur the same penalties as by the laws
and ordinances of this Colony are or may be enacted or provided against persons
convicted of wilful and corrupt perjury . [ Repealed by Ordinance No. 2 of 1889. ]
Witnesses.
How far a party
may discredit 21. A party producing a witness shall not be allowed to impeach his credit by
his own witness.
[Extended to general evidence of bad character, but he may, in case the witness shall in the opinion
criminal cases by
Ordinance No. 5 of the Court prove adverse, contradict him by other evidence, or by leave of the Court
of 1856.]
prove that he has made at other times a statement inconsistent with his present
testimony ; but before such last mentioned proof can be given, the circumstances of the
supposed statement, sufficient to designate the particular occasion , must be mentioned
to the witness , and he must be asked whether or not he has made such statement.
[ Repealed by Ordinance No. 2 of 1889.]