the-ordinances-of-the-legislative-counci-1890v2 — Page 521

EVIDENCE CONSOLIDATION . [ 2 of 1889. ) 1111


48. Every solemn affirmation and declaration or declaration Effect ofaffir
alone shall be of the same force and effect as an oath in the mation,decla
ration , &c.
usual form . ( No. 6 of
1855, s. 19. )
PART VII.
PERJURY, & c.
49. Every person making or subscribing any solemn affirma- False aflirma
tion and declaration or declaration who shall wilfully falsely declarations.
tionsani!
and corruptly affirm declare or subscribe any matter or thing 1855
(No.6s. of19, 77,
which if the same had been sworn would have aniounted to No. 2of 1860
wilful and corrupt perjury shall incur the same penalties is by S.V. 4c., 17125and, 2+18
any law or ordinance in force within the Colony, is or may be and 25 v.c.
provided or enacted for the punishment of wilful, and corrupt 66,s. 2. )
perjury.
50. Where two or more contradictory statements of fact or Contradictory
alleged fact, material to the issue or matter in question , have statements by
been wilfully and knowingly made by one and the same witness witness may
be punished
in any proceeding before the Court either at the same examina- as perjury if
tion or at two or more examinatio ns, and whether before the material to
the issue .
same Court or person or before any other Court or person arid (No.7
[ of
whether the respective truth or falsehood of the sail statements 1857, s. 6. ]
can be ascertained or not, an information inay be preferred
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 upon conviction thereof either in whole or in part such
witness shall be liable to the penalties of perjury.
51. Any person tendering in evidence in any proceedlings in Tendering
false
this Colony any such affidavits affirmations or notarial acts as affilavits, &c.
are mentioned or referred to in the 25th section of this ordinance male in
which are proved to be false knowing the same to be false shall pursuance.of
upon conviction thereof be liable to the penalties of perjury. 87 , and 18 and
19 V. c . 42 .
[ No. 7 of
1857 , s. 2. ]
52. If any felse document within the meaning of the 28th Punishment
section of this ordinance shall have been tendere in evidence inforevidence
tendering
or the statements in the 50th section mentioned or the last of false docu
menisorcon
them shall have been so maile before the Supreme Court or making
tradictory of
before a Police Magistrate such Court or Magistrate may if it statement
or he shall think tit cither direct a prosecution of the sime fact.
offence for perjury and commit the offender unless he shallgive [7 of57, s.7.}
bail for trial at the next Criminal Sessions oftheSupreme Court,
or treat the same as contempt of Court and forth with proceed
summarily to punish the same cither by fine not exceeding for