The goods are not of that value, but A believes that they are. A has not committed perjury.

1

(2.) 1 A proceeding before a local marine board sitting under the Merchant Shipping Act 1854, and having power to suspend or cancel the certificates of the masters and mates of ships, is a judicial proceeding.

(3.) 2 An inquiry before a sheriff as to the amount of damages is a judicial proceeding.

3

(4) An inquiry before a justice of the peace as to making a man find sureties for the peace is a judicial proceeding.

(5.) A swears that he thinks that certain words are in his handwriting. The jury find that he did not think so. A commits perjury.

(6.) 5 A, a witness under cross-examination, denies an imputation which goes to his credit only. B is improperly permitted to contradict A. B swears falsely. B commits perjury on a material fact.

(7.) 6 A falsely swears that he has examined a paper, alleged to be a copy, with an original will, in order to make the copy admissible. The paper is not put in evidence, and it would not have been admissible if it had been tendered. A commits perjury on a material fact.

ARTICLE 149.

SUBORNATION OF PERJURY.

7 Subornation of perjury is procuring a person to commit a perjury, which he actually commits in consequence of such procurement.

1 R. v. Tomlinson, 1866, 1 C. C. R. 49.

21 Hawk. P. C. 430.

Ibid.

·R. v. Schlesinger, 1847, 10 Q. B. 670.

5 R. v. Gibbon, 1861, L. & C. 109. In the later case of R. v. Tyson, 1869, 1 C. C. R. 107, R. v. Gibbon was followed, but the facts are not so strong. See, too, R. v. Mullany, 1865, L. & C. 593.

48.

6 Philpott's Case, 1851, 2 Den. C. C. 302.

7 If the perjury is not committed, the crime is incitement: see Article See also 1 Hawk. P. C. 435, c. 27, s. 10. Draft Code, s. 119.

1

ARTICLE 150.

PUNISHMENT OF PERJURY AND SUBORNATION.

1 Perjury and subornation of perjury are misdemeanors, and every one who commits either is liable, upon conviction, to any term of penal servitude, or imprisonment with or without hard labour, not exceeding seven years.

2

ARTICLE 151.

FALSE SWEARING.

Every one commits a misdemeanor who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstances that the false swearing if committed in a judicial proceeding would have amounted to perjury.

Illustrations.

(1.) 3 A takes a false oath before a surrogate in order to obtain a marriage licence. A commits a misdemeanor.

4

(2.) A takes a false oath before commissioners appointed by the king to inquire into cases in which a royal grant was required to confirm title to lands. A commits a misdemeanor. (3.) A swears a false affidavit under the Bills of Sale Act (17 & 18 Vict. c. 36). A commits a misdemeanor.

5

1 The punishment at common law was whipping, imprisonment, fine, and pillory. By 2 Geo. 2, c. 25, s. 2, seven years transportation or imprisonment with hard labour was added. By 3 Geo. 4, c. 114, hard labour was again authorized, I know not why. By 7 Will. 4 & 1 Vict. c. 23, the pillory was abolished. Whipping is obsolete. Fines fall under Article 23. Thus the text represents the result. Cf. Draft Code, ss. 120, 1.

2 See Cases in Illustrations. Draft Code, s. 122.

3 Chapman's Case, 1849, 1 Den. C. C. 432.

+ Spier v. Read, 1715, Hobart, 62. This case is given by Hawkins, 1 P. C. 430, as an instance of perjury in a proceeding not judicial; but this,

I think, is a misconception.

5 R. v. Hodgkiss, 1869, 1 C. C. R. 212.

ARTICLE 152.

FORGING INSTRUMENTS OF EVIDENCE AND TENDERING THEM IN PROOF.

Every one commits felony and is liable, upon conviction thereof, to seven years penal servitude, who does any of the following things (that is to say),

(a.) 1 forges the seal, stamp, or signature of any such certificate, official, or public document, or document or proceeding of any corporation or joint stock or other company as is mentioned or referred to in the preamble to 8 & 9 Vict. c. 113, or of any document referred to in 14 & 15 Vict. c. 99, or any certified copy of any document, bye-law, entry in any register, or other book or other proceeding in the firstmentioned Act referred to; or

(b.) tenders in evidence any such document knowing the same to be false and counterfeit; or

(c.) forges the signature of any judge of the Supreme Court attached or appended to any decree, order, certificate, or other judicial or official document; or

(d.) tenders in evidence any such document knowing the same to be false or counterfeit; or

(e.) prints any copy of any private Act or of the journals of either House of Parliament, falsely purporting to have been printed by the printers to the Crown, or to either House of Parliament; or

(f) tenders in evidence any such copy, knowing it not to have been printed by the person by whom it purports to have been printed; or

(g) 2 tenders in evidence, or otherwise uses, any affidavit having any seal or signature of any person authorized by or under the Commissioner for Oaths Act 1889 (52 Vict. c. 10), to administer an oath, forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeited, or fraudulently altered.

18 & 9 Vict. c. 113, s. 4, and see my Digest of the Law of Evidence, Art. 79. See Draft Code, s. 125.

2 52 Vict. c. 10, s. 8.

ARTICLE 153.

OFFICERS GIVING FALSE CERTIFICATES.

Every one commits a misdemeanor, and is liable, upon conviction thereof, to eighteen months imprisonment, who Being an officer, required or authorized, by 14 & 15 Vict. c. 99, to furnish any certified copy under that Act, wilfully certifies any document as being a true copy or extract knowing that the same is not a true copy or extract.

ARTICLE 154.

FALSE ENTRIES AS TO COPYRIGHT.

2 Every one is guilty of a misdemeanor who wilfully produces or causes to be tendered in evidence any paper falsely purporting to be a copy of any entry in the registry book of the Stationers' Company.

ARTICLE 155.

FALSE DECLARATION, PERSONATION, ETC., TO OBTAIN A PENSION UNDER THE POLICE ACT.

3 Every one who obtains or attempts to obtain for himself or for any other person any pension, gratuity, or allowance under the Police Act 1890, or any payment on account of any such pension, gratuity, or allowance, by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself or causing himself to be maimed or injured or otherwise producing disease or infirmity, or by any other fraudulent conduct, is liable on conviction by a jury to imprisonment with hard labour for two years, and to forfeit any pension, gratuity, or allowance so obtained.

1 14 & 15 Vict. c. 99, s. 15.
25 & 6 Vict. c. 45, s. 12.
3 53 & 54 Vict. c. 45, s. 9.

ARTICLE 156.

MAINTENANCE.1

2 Maintenance is the act of assisting the plaintiff in any legal proceeding in which the person giving the assistance has no valuable interest, or in which he acts from any improper motive.

Champerty is maintenance in which the motive of the maintainor is an agreement that if the proceeding in which the maintenance takes place succeeds, the subject-matter of the suit shall be divided between the plaintiff and the maintainor.

A common barrator is one who habitually moves, excites, or maintains suits or quarrels, either at law or otherwise. Whoever commits maintenance, or champerty, or is a common barrator, is guilty of a misdemeanor.

3 Every person who practises as a solicitor or agent in any suit or action, after having been convicted of forgery, perjury, or common barratry, is liable to seven years penal servitude upon an order to be made by the judge or judges of the Court in which the suit or action was brought, who must upon complaint or information examine the matter in a summary way in open court.

4 Every one who sues any person in the name of a ficti

1 In the earlier editions of this work I included under this head the offence of selling pretended titles. The whole matter is so indefinite, and partakes so much more of the nature of a civil penalty than of a crime, that I have left it out. The law upon the subject will be found in 32 Hen. 8, c. 9. See Jenkins v. Jones, 1882, 9 Q. B. D. 128, on the effect of 8 & 9 Vict. c. 106 upon 32 Hen. 8, c. 9, and Kennedy v. Lyall, 1885, 15 Q. B. D. 491, on the meaning of a "pretended title.

2 All the authorities on the subject are fully examined in Bradlaugh v. Newdegate, 1883, 11 Q. B. D. 1. They are numerous, but all come to the same thing; see, too, 1 Russ. Cr. 351-359. As to barratry, id. 362-3. See also 1 Hawk. P. C. 454-466, and Note III. in Appendix. See also 3 Hist. Cr. Law, 234-40. The old Statute of Conspirators, 33 Edw. 1, and many other ancient statutes (3 Edw. 1, c. 25; 13 Edw. 1, c. 49; 1 Edw. 3, st. 2, c. 14; 1 Ric. 2, c. 4; 32 Hen. 8, c. 9; 4 Edw. 3, c. 11) refer to these offences, but do not throw much light on their nature. 3 12 Geo. 1, c. 29, s. 4.

+ 18 Eliz. c. 5, s. 4 (redrawn and modernised).