 And perjury could not be assigned on an oath taken before persons acting merely in a private capacity, or before those who take upon them to administer oaths of a public nature, without legal authority for their so doing, or before those who are legally authorized to administer some kinds of oaths but not those which happen to be taken before them, or even before those who take upon them to administer justice by virtue of an authority colourable, but in truth unwarrantable and merely void...

‘Judicial proceeding’ is defined by section 9 of the Penal Code thus