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persone it is provide or permijtries, or "

Quakers not to give evidence in criminal cases.

“ That in all cases wherein by an act or acts of parliament now
“ in force, or hereafter to be made, an oath is or shall be allowed,
6 authorized, directed, or required, the solemn affirmation or de-
“ claration of any of the people called Quakers, in the form pre-
“ scribed by the said act made in the eighth year of his said late
“ Majesty's reign, (o) shall be allowed and taken instead of such
“ oath, although no particular or express provision be made for
" that purpose in such act or acts ; and all persons who are or
“ shall be authorized or required to administer such oath shall be
" and are hereby authorized and required to administer the said
66 affirination or declaration ; and the said solemn affirmation or
“ declaration so made as aforesaid shall be adjudged and taken,
“ and is hereby enacted and declared to be of the same force and
“ effect, to all intents and purposes, in all courts of justice, and
“ other places, where by law an oath is or shall be allowed, au-
“thorized, directed, or required, as if such Quaker had taken an
“ oath in the usual form; and if any person making such affirma-
« tion or declaration, shall be lawfully convicted of having wil-
“ fully, falsely and corruptly affirmed and declared any matter or
56 thing, which, if the same had been deposed in the usual form,

would have amounted to wilful and corrupt perjury, every per“ son so offending shall incur and suffer the like pains, penalties “ and forfeitures, as by the laws and statutes of this realm are “ to be inflicted on persons convicted of wilful and corrupt per« jury.” But, (by s. 37.) it is provided, “ that no Quaker shall 6 by virtue of this act be qualified or permitted to give evi“ dence in any criminal cases, or to serve on juries, or to bear “ any office or place of profit in the government."

The statutes for enabling the commissioners of the national debt to grant life annuities usually contain clauses relating to perjury; as the 48 Geo. 3. c. 142. s. 26., and the 52 Geo. 3. c. 129. s. 7. The clause of the latter statute is in the following form : " That if any person in any affidavit or affirmation to be 6 taken under the provisions of this act, shall wilfully or cor“ ruptly swear or affirm any matter or thing which shall be false “ or untrue, every such person so offending, and being thereof “ duly convicted, shall be and is hereby declared to be subject 6 and liable to such pains and penalties as by any laws now in “ force any persons convicted of wilful and corrupt perjury are < subject and liable to.”

The statute 51 Geo. 3. c. 15., which authorized an issue of exchequer bills to commissioners for the purpose of their making advances for the assistance and accommodation of manufacturers, directs certain oaths to be administered ; and then (by s. 10.) enacts, “ That if any person or persons upon examination upon “ oath or affirmation before the said commissioners respectively, or “ if any person or persons making any such affidavit or deposition “ as before-mentioned, shall wilfully and corruptly give false evi“ dence, or shall in such affidavit or deposition wilfully and cor“ ruptly swear, affirm or allege any matter or thing which shall be

Perjury in respect of life annuities.

Perjury in respect of exchequer bills,

(0) That form was as follows:-“1, A. B., do solemnly, sincerely, and truly declare and affirm."

of the cus

“ false or untrue, every such person or persons so offending, and “ being thereof duly convicted, shall be and is and are hereby de" clared to be subject and liable to such pains and penalties as by « any law now in being persons convicted of wilful and corrupt “ perjury are subject and liable to.”

Many of the statutes relating to the duties of excise contain Perjury relatclauses of a similar kind; as the 42 Geo. 3. c. 94. s. 17. and 56

ing to the du

. and 3 ties of excise. Geo. 3. c. 103. s. 23. in respect of the drawbacks and allowances upon paper, pasteboard, &c.; and the 55 Geo. 3. c. 113. s. 6. and 56 Geo. 3. c. 108. s. 7. in respect of the duties and drawbacks upon plate-glass, &c. The 46 Geo. 3. c. 112. s. 3. contains a general provision on the subject of the excise; and, after reciting that by the several acts relating to his Majesty's duties of excise, oaths are required to be taken in manner therein mentioned, and that it was expedient to make such provision as thereinafter mentioned, for the punishment of persons wilfully taking a false oath, in any of the cases in which an oath is by any such acts directed or required to be taken, it enacts, “ That any person or persons

who shall be convicted of wilfully taking a false oath in any of “ the cases in which an oath is by any act or acts of parliament “ relating to the duties of excise directed or required to be taken, “ shall be liable to the pains and penalties to which persons are “ liable for wilful and corrupt perjury.”. The statute 6 Geo. 4. c. 106. entitled “An act for the manage- Perjury relat

ing to the due “ ment of the customs,” enacts (by s. 31.) that, “upon examina- ties “ nations and inquiries made by any surveyor-general of the cus- toms. “ toms, or any inspector-general of the customs, for ascertaining “ the truth of facts relative to the customs, or the conduct of offi“cers or persons employed therein, and upon the like examina« tions and inquiries made by the collector and controller of any “ out-port in the United Kingdom, or of any port in the Isle of “ Man, or made by any person or persons in any of the British « possessions abroad, appointed by the commissioners of his Ma

jesty's customs to make such examinations and inquiries, any

person examined before him or them as a witness shall deliver “his testimony on oath, to be administered by such of the sur6 veyors-general, or such of the inspectors-general, or such col“ lector and controller, or such person or persons as shall examine “him, and who are hereby authorized to administer such oath, “ and if such person shall be convicted of making a false oath, “ touching any of the facts so testified on oath, or of giving false “ evidence on his examination on oath, before any of the sur“ veyors-general or inspectors-general of the customs, or such “ collector and controller, or such person or persons, in con“ formity to the directions of this act, every such person so con“ victed as aforesaid shall be deemed guilty of perjury, and shall “ be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury."

The statute 43 Geo. 3. c. 56. entitled, “An act for regulating Perjury in re" the vessels carrying passengers from the United Kingdom to spect to pas

sengers to fo“ his Majesty's plantations and settlements abroad, or to foreign reign settle“ parts, with respect to the number of such passengers,” enacts, ments. " (by s. 20.) “ That if any person taking any oath by this act

lakson to take any person shall unlawfhall thereby

Inapt perjuraw inflicted ur and suffe.commitilor

o authorized or required to be taken, shall thereby commit wilful “ perjury, or if any person shall unlawfully procure or suborn any

person to take any oath by this act authorized or required to be “ taken, whereby such person shall commit wilful perjury, every “such person shall incur and suffer the like pains and penalties “ as are by law inflicted upon persons cominitting wilful and cor« rupt perjury, or subornation of perjury, in Great Britain and

“ Ireland respectively.” Perjury relat The last stamp act, 55 Geo. 3. c. 184. s. 53. contains a general ing to the provision in respect of oaths relating to the stamp duties; and stamp duties.

enacts, “That all and every person and persons before whom any
« affidavit or solemn affirmation is or shall be required or directed
to be made by this or any former or future act of parliament
relating to any stamp duties, shall be, and they are hereby au-
thorized to take the same and administer the proper oath or
“affirmation for that purpose ; and if any person making any
“ such affidavit or affirmation shall knowingly and wilfully make
“ a false oath or affirmation of or concerning any of the matters
“ to be therein specified and set forth, every person so offending
“ and being thereof lawfully convicted, shall be subject and liable
" to such pains and penalties as by any law now in force, persons
“ convicted of wilful and corrupt perjury, are subject and liable
“ to.” The statute 54 Geo. 3. c. 133. “ An act for enabling the
“ commissioners of stamps to make allowances for spoiled stamps
“ on policies of assurance, and for preventing frauds relating
“ thereto," enacts, (by s. 13.) “That if any person making any
“ such affidavit or affirmation as aforesaid, shall knowingly and
“ wilfully make a false oath or affirmation, of or concerning any of
“ the matters to be therein specified or set forth, every person so
“ offending, and being thereof lawfully convicted, shall be subject
“ and liable to such pains and penalties as by any law now in force
“ persons convicted of wilful and corrupt perjury are subject and

“ liable to.” Perjury relat The statute 39 & 40 Geo. 3. c. 89. entitled, “An act for the

“better preventing the embezzlement of his Majesty's naval, ordstores, &c.

“ nance, and victualling stores,” enacts, (by s. 36.) “That if any “ person upon examination on oath or affirmation before any com“ missioners of the navy, ordnance, or victualling respectively, or “ before any justice of the peace in Great Britain, in any matter “ relating to the execution of this act, shall wilfully and corruptly “ give false evidence, or shall, in any information or deposition “ sworn, or affirmation taken in writing before any such commis“sioner or justice, wilfully and corruptly swear or affirm any “ matter or thing which shall be false or untrue, every such per“son so offending, and being thereof lawfully convicted, shall be “ and is hereby declared to be subject and liable to the like pains 6 and penalties as any persons convicted of wilful and corrupt

“ perjury are by any law now in force subject and liable to." Perjury in affi. The statute 55 Geo. 3. c. 157., by which the courts of law and davits, &c. for equity in Ireland were empowered to grant commissions for tak. the Irish courts.

ing affidavits in all parts of Great Britiain, enacts, (by s. 8.) “ That every person who shall in England or Scotland, be sworn “ or deponed, and examined as a witness, or sworn or deponed

naval

6 to the truth of any answer or plea or affidavits before any officer
“ or officers who shall be appointed under the authority of this
“ act for taking the same, and who shall, in his or her answer,
“ plea, or affidavit, wilfully swear or depone falsely, shall be
“ deemed guilty of perjury, and shall incur and be liable to the
“ same pains and penalties as if such person had wilfully sworn or
“ deponed falsely in the open court, wherein the suit in which
“ such oath was so taken then depended.”

The statute 55 Geo. 3. c. 60. relating to the execution of letters Perjury relatof attorney, and wills of petty officers, seamen, and marines in the ing to the wills navy, enacts, (by s. 19.) “That if any person or persons shall an

attorney of sea“ wilfully and knowingly falsely make oath or affirmation to any men and ma“ of the matters hereinbefore directed to be verified on oath or rines. “ affirmation, or suborn any other person or persons so to do, “ every such person or persons so offending shall be subject and “ liable to the saine pains, penalties, and forfeitures as persons " guilty of wilful and corrupt perjury, or subornation of perjury, “ are by any law or laws now in force subject and liable to.” The 57 Geo. 3. c. 127. s. 4., in order to bring into one act the several provisions made for the prevention and punishment of the crimes of personation and forgery, for the purpose of obtaining prizemoney, enacts, " That if any person or persons shall willingly and “ knowingly take a false oath to obtain the probate of any will or “ wills, or to obtain letters of administration, in order to receive “ or to enable any other person to receive any wages, pay, prize“ money, bounty-money, pension-money, or other allowances of “ money due or supposed to be due for or in respect of the ser« vices of any such officer, seaman, marine, or other person as “aforesaid, performed or supposed to have been performed on “ board of any ship or vessel of his Majesty, his heirs, &c.” such offenders shall be deemed guilty of felony without clergy.

By the statute 1 & 2 Geo. 4. c. 61. s. 6. which regulates the ap- Perjury in propriation of unclaimed shares of prize money belonging to sol- matters relatdiers and seamen in the service of the East India Company, it is

it is ing to certain

East India enacted, that if any person shall be convicted of making a false prize money. oath touching any of the matters directed or required by that act to be testified on oath, such person so convicted shall be deemed guilty of perjury, and liable to be punished as persons guilty of perjury in England. And it also provides for the punishment of persons procuring or suborning any other person to swear falsely in any such oath.

The mutiny acts usually contain the following clause: (as in 6 Perjury by the Geo. 4. c. 5. s. 150.) namely, “ That any person taking a false mutin “ oath in any case wherein an oath is required to be taken by this “act, shall be deemed guilty of wilful and corrupt perjury, and “ being thereof duly convicted, shall be liable to such pains and “ penalties as by any laws now in force any persons convicted of “ wilful and corrupt perjury are subject and liable to.(p) And And in naval with respect to naval courts-martial, the 22 Gev. 2. c. 33. s. 17. enacts, “ That all and every person and persons who shall commit “ any wilful perjury, in any evidence or examination upon oath at

(p) And see a similar clause in the 6 Geo. 4. c. 6. being the act for regulating the marine forces, s. 60. VOL. II.

2 M

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courts-martial. tine.

any such court-martial, or who shall corruptly procure or suborn “ any person to commit such wilful perjury, shall and may be “ prosecuted in his Majesty's Court of King's Bench, by indict“ ment or information ; and every issue joined in any such indict“ ment or information shall be tried by good and lawful men of “ the county of Middlesex, or such other county as the said Court “ of King's Bench shall direct; and all and every person and per“ sons, being lawfully convicted upon any such indictment or in“ formation, shall be punished with such pains and penalties, as “ are inflicted for the like offences respectively by the 5 Eliz, c.9.

6 and 2 Geo. 2. c. 25.” Perjury relat- The 6 Geo. 4. c. 78. s. 29. enacts, “ that in all cases wherein ing to quaran- 6 by virtue of this act, or any other act, hereafter to be made

6 touching quarantine, any examination or answer shall be taken
“ or made upon oath, the person who shall be authorised and re-
" quired to take such examinations and answers shall and may
“ be deemed to have full power and authority to administer such
“ oaths; and if any person who shall be interrogated or examined
" shall wilfully swear falsely to any matter concerning which
“ such person shall depose or make oath on such examin-
“ation, or in such answer, or if any person shall procure any
“ other person so to do, he or she so swearing falsely, or procur-
“ing any other person so to do, shall be deemed to have been
“ guilty of, and shall be liable to be prosecuted for perjury, or
“ subornation of perjury, as the case may be, and shall suffer the
“ pains, penalties, and punishments of the law, in such case re-

“ spectively made and provided.” Perjury in re The statute 48 Geo. 3. c. 104. entitled, “ An act for the better spect of pilot. 6 regulation of pilots, and of the pilotage of ships and vessels age, &c. of

“ navigating the British seas,” enacts (by s. 70.) “That every per

son, who, in any examination upon oath under the provisions of “ this act, shall wilfully give false testimony or a false account of “ the matter sworn to by him, shall be liable to be prosecuted for 6 the same by indictment; and, if duly convicted of false swearing “ in the premises, shall be subject and liable to such punishments,

disqualifications, and disabilities, as any person would be sub“ject or liable to for wilful and corrupt perjury, in any other case,

“ by the laws and statutes of this realm.” In respect of The late act for the registering of vessels 4 Geo. 4. c. 41. s. 47. the registering enacts, that if any person shall falsely make oath to any of the matvessels

ters therein before required to be verified, such person shall suffer the like pains, &c. as are incurred by persona committing wilful

and corrupt perjury. Perjury under The statute 5 Geo. 4. c. 113. which was passed to prevent the the slave trade

traffic in slaves, enacts (by s. 41.) that if any oath taken under this act.

act shall be wilfully false, or if such false oath shall be unlawfully or wilfully procured or suborned, the offender shall incur and suffer the like pains and penalties as are by law inflicted upon per. sons committing wilful and corrupt perjury or subornation of perjury respectively. And section 58 provides for the prosecution, trial, and punishment of persons who may give false evidence in any examination or deposition, or affidavit had or taken upon of in any proceeding before the commissary, judges, or commissione.

ships.

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