 The above notwithstanding the position of the law by virtue of section 1 (2) of the English Perjury Act and, section 9 of the Penal Code, is that while evidence could only he held to have been given in a judicial proceedings, if it was given before a body authorized to receive and examine evidence on oath, such a consideration is immaterial under section 113 of the Criminal Code.In the English case of Shaw where licensing justices held a special preliminary meeting for which there was no statutory authority, they had no power to administer an oath, the proceeding was held not to be judicial one.Equally, where an oath was administered on a witness by a person authorized by law to do so, there can be no perjury, if that person subsequently withdrew.