the-ordinances-of-the-legislative-counci-1890 — Page 418

382 ORDINANCE No. 7 OF 1857.


Evidence.


of his said evidence, be by, or by the order of, the said Court or person, duly
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 [ Repealed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 of1860.]

Contradictory 6. Where two or more contradictory statements of fact or alleged fact, material to
statements by
the same witness
may be punished the issue or matter in question, have been wilfully and knowingly made by one and the
as perjury, if
material to the same witness, before any Court or person empowered as aforesaid, either at the same
issue.
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.

Or (if before the 7. If the Court before which any false document within the meaning of section
Supreme Court
or Petty Sessions) 2 shall have been tendered , or before which the statements in section 6 mentioned,
summarily,
unless a prosecu
tion be directed, or the last of them, shall have been so made, shall happen to be the Supreme Court, or
and the like in
case oftendering the Court of Petty Sessions, such Court may, if it shall think fit, either direct a pro
false documents.
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 labour, for a term not exceeding for every such offence six calendar
months, which punishment shall be in lieu of all other penalties hereby provided.

Shortening the 8. Matters of inducement, and averments, whether affirmative or negative , shall
form of indict
inents and infor
mations for per no longer be introduced into indictments or informations for perjury, false witness, or
jury, &c.
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 of1865. ]
Ordinances No. 4 9. Section 5 of Ordinance No. 4 of 1851 is bereby amended, by substituting the
of 1851, ($ 5, 6,
& 7,) and No. 14 word ' February ' for the word ' January ' ; -Sections 6 and 7 of the same Ordinance
of 1856, § 2,
amended and
confirmed; and are hereby revived and confirmed ;-Section 2 of Ordinance No. 14 of 1856, is hereby
Ordinances No. 1
of 1851, and No. amended by inserting the word ' First ' before the word ' Schedule ' ; -And Ordinances
4 of 1854
repealed. 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 repeeled by Ordinance No. 11 of1864.]