Perjury, &c

Perjury, &c.

mentioned in the act, or before the secretary or registrar under the treaties, conventions, instructions or regulations therein mentioned.

spect of the

By the 50 Geo. 3. c. 65. an act for uniting the offices of sur- Perjury in reveyor-general of the land revenues of the crown, and surveyor- land revenues, general of his majesty's woods, &c. it is enacted, (s. 11.) that any &c. of the officer or other person, who shall in any verification, or examination crown. upon oath mentioned in that act, be guilty of wilful and corrupt perjury, shall be liable to be punished in such manner as by the different laws and statutes then in force for the punishment of wilful and corrupt perjury.

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sure act.

The general Inclosure act, 41 Geo. 3. c. 109. s. 43. enacts, "that Perjury by the "if any person or persons shall, in any examination, affidavit, de- general inclo"position, or affirmation, to be had or taken in pursuance of this act, before such justice or justices, or such commissioner or "commissioners, knowingly and wilfully swear and affirm any "matter or thing which shall be false or untrue, every such per66 son so offending shall, on conviction thereof, be deemed guilty "of perjury, and shall suffer the like pains and penalties as persons guilty of wilful and corrupt perjury are now subject and "liable to."

The registry act for the West Riding of Yorkshire, 2 & 3 Ann, Perjury under c. 4. enacts (by s. 19.) " that if any person or persons shall at any the registry acts for York"time forswear himself before the said register or his deputy, or shire and Mid"before any Judge or master in Chancery, in any of the cases dlesex. "aforesaid, and be thereof lawfully convicted, such person or per66 sons shall incur and be liable to the same penalties, as if the same "oath had been made in any of the courts of record at West"minster." A similar provision is contained also in the 5 & 6 Ann. c. 18. which regulates the inrolment of bargains and sales of lands, &c. in the same Riding; in the Middlesex registry act, 7 Ann. c. 20. s. 15.; and also in the 8 Geo. 2. c. 6. s. 33. which relates to the registry of deeds, &c. in the North Riding of the county of York.

2 Geo. 2. c. 24.

The Bribery act 2 Geo. 2. c. 24. gives the form of an oath or Perjury by affirmation (in the case of a Quaker,) to be taken by electors, and electors, &c. the form of an oath to be taken by the returning officer; and then enacts (by s. 5.) "that if any returning officer, elector or person "taking the oath or affirmation hereinbefore mentioned, shall be guilty of wilful and corrupt perjury, or of false affirming, and be "thereof convicted by due course of law, he shall incur and suffer "the pains and penalties, which by law are enacted or inflicted in

cases of wilful and corrupt perjury." And the 18 Geo. 2. c. 18. 18 Geo. 2. c. s. 1. after giving the form of an oath or affirmation to be taken by 18. freeholders at county elections, enacts, that "in case any freeholder "or other person taking the said oath or affirmation hereby ap"pointed, shall thereby commit wilful perjury, and be thereof con"victed, and if any person do unlawfully and corruptly procure or "suborn any freeholder, or other person, to take the said oath or "affirmation, in order to be polled, whereby he shall commit such "wilful perjury, and shall be thereof convicted, he and they for every such offence," shall incur such pains and penalties as are "in and by two acts of parliament," (the one the 5 Eliz. c. 9., the

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Perjury before committees of the House of Commons, on the trial of controverted elections.

Perjury by bankrupts and

other persons examined before commissioners of bankrupt.

Perjury by insolvent debtors.

other the 2 Geo. 2. c. 25.) " contrary to the said acts." The word inflicted, or some word of like signification, appears to have been omitted in the conclusion of this section.

The statute 10 Geo. 3. c. 16. (q) entitled "an act to regulate the "trials of controverted elections or returns of members to serve in "Parliament," provides for the appointment of select committees, and directs certain oaths to be taken; and then by s. 29. enacts "that the oaths by this act directed to be taken in the house, shall "be administered by the said clerk or clerk assistant, in the same "manner as the oaths of allegiance and supremacy are administered " in the House of Commons; and that the oaths by this act directed "to be taken before the said select committee, shall be adminis"tered by the clerk attending the said select committee; and that "all persons who shall be guilty of wilful and corrupt perjury in any evidence which they shall give before the house, or the said "select committee, in consequence of the oath which they shall "have taken by the direction of this act, shall, on conviction "thereof, incur and suffer the like pains and penalties, to which 66 any other person convicted of wilful and corrupt perjury, is lia"ble by the laws and statutes of this realm."

The statute 6 Geo. 4. c. 16. entitled "An act for amending the laws "relating to bankruptcy," enacts (by s. 99.) "that any bankrupt or "other person who shall, in any examination before the commis"sioners, or in any affidavit or deposition authorised or directed by "the present, or any act hereby repealed, wilfully and corruptly "swear falsely, being convicted thereof, shall suffer the pains and "penalties in force against wilful and corrupt perjury; and where any oath is hereby directed or required to be taken or adminis"tered, or affidavit to be made by or to any party, such party, if "a Quaker, shall or may make solemn affirmation, and such "Quaker shall incur such danger or penalty for refusing to make "such solemn affirmation in such matters, when thereto required, as is hereby provided against persons refusing to be sworn; and "all Quakers who shall, in any such affirmation knowingly and "wilfully affirm falsely, shall suffer the same penalties as are pro"vided against persons guilty of wilful and corrupt perjury; and "all persons before whom oaths or affidavits are hereby directed "to be made, are respectively empowered to administer the same, "and also such solemn affirmation as aforesaid."

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The statute 7 Geo. 4. c. 57. entitled "An act to amend and con"solidate the laws for the relief of insolvent debtors in England,' enacts (by s. 71.) "that if any prisoner who shall apply for his or "her discharge under the provisions of this act, or any other person taking an oath under the provisions of this act, shall wilfully "forswear and perjure himself or herself, in any oath to be taken "under this act, and shall be lawfully convicted thereof, he or she "so offending, shall suffer such punishment as may by law be in"flicted on persons convicted of wilful and corrupt perjury; and "that in all cases wherein by this act an oath is required, the "solemn affirmation of any person, being a Quaker, shall and may "be accepted and taken in lieu thereof; and that every person

(4) This act was made perpetual by 14 Geo. 3. c. 15.

"making such affirmation, who shall be convicted of wilful false "affirmation, shall incur and suffer such and the same penalties "as are inflicted and imposed upon persons convicted of wilful "and corrupt perjury."

There are also some statutes of limited and local operation which contain enactments respecting perjury, a few of which may be briefly noticed. The 11 Geo. I. c. 18. s. 3. relates to false oaths taken at elections for the city of London; the 44 Geo. 3. c. 60. s. 4. to perjury at elections for Aylesbury; the 47 Geo. 3. sess. 2. c. 109. s. 123. (local act) to perjury under the Dublin improvement act; the 47 Geo. 3. sess. 2. c. 68. s. 149., 56 Geo. 3. c. 21. s. 49., and 56 Geo. 3. c. 78. s. 50. (local acts) relate to false oaths taken in the course of the vending, admeasurement, &c. of coals in London, and certain places in the neighbouring counties; and the 55 Geo. 3. c. 99. s. 16. (local act) to false oaths taken in respect of bread sold in London, or within the bills of mortality. These statutes, and others of a similar kind, either provide that the offenders shall be punishable under the 5 Eliz. c. 9., and the 2 Geo. 2. c. 25. s. 2., or (which is more generally the case) enact, "that they shall be subject and liable to the pains and penalties, which persons convicted of wilful and corrupt perjury 66 are subject and liable to."

With respect to the first of the statutes above set forth, namely, the 5 Eliz. c. 9. as it is but little resorted to at the present time, on account of prosecutions upon it being more difficult than at the common law; and as it did not alter the nature of the offence, but merely enlarged the punishment, (s) a brief statement of some of the principal points decided upon its construction will probably be deemed sufficient.

In many instances an indictment will lie at common law, when it will not lie upon this statute. Thus where a witness for the King swears falsely, he cannot be indicted on the statute.(†)

It has been adjudged, that a man cannot be guilty of perjury within this statute, in any case wherein he may not possibly be guilty of subornation of perjury within it; on the ground that it is reasonable to give the whole statute the same construction; and that it cannot well be intended, that the makers of it meant to extend its purview farther as to perjury, which they appear to have considered as the less crime, than to subornation of perjury, which they seem to have esteemed the greater: and, therefore, since the clause concerning subornation of perjury, mentioning only matters depending by writ, bill, plaint, or information, concerning hereditaments, goods, debts, or damages, &c. does not extend to perjury on an indictment or criminal information; the clause concerning perjury, though penned in more general words, has been adjudged to come under the like restriction. (u) And it has also been resolved, that as the clause concerning subornation of perjury relates only to perjury by witnesses, that concerning perjury extends to no other perjury than that of a witness; and, therefore, not to perjury in an answer in chancery; or in swearing the peace against a man; or in a presentment by a homager in a (u) 5 Bac. Abr. Perjury, (B). 1 Hawk. P. C. c. 69. s. 19.

(s) Baston v. Gouch, 3 Salk. 269. (1) Id. ibid.

Perjury by statutes of limited and local operation.

Construction

of the statute

5 Eliz. c. 9.

court baron; or in a wager of law; or in swearing before commissioners of inquiry of the King's title to lands. (x) And by the opinions of some, a false affidavit against a man, in a court of justice, is not within the statute. (y) But it is observed, that if such affidavit be by a third person, and relate to a cause depending in suit, before the Court, and either of the parties in variance be grieved, hindered, or molested, in respect of such cause, by reason of the perjury, it may be strongly argued, that it is within the purview of the statute. (s) It seems to be the better opinion, that a false oath before the sheriff on a writ of inquiry of damages, is within the statute. (a)

It has been collected from the clause giving an action to the party grieved, that no false oath is within the statute, which does not give some person a just cause of complaint; and, therefore, that if the thing sworn be true, though it be not known by him that swears it to be so, the oath is not within the statute, because it gives no good ground of complaint to the other party, who would take advantage of another's want of sufficient evidence to make out the justice of the cause. (b) And upon the same ground no false oath can be within the statute, unless the party against whom it was sworn suffered some disadvantage by it: therefore, in every prosecution on the statute, it is necessary to set forth the record wherein the perjury is supposed to have been committed, and to prove at the trial that there is such a record, either by actually producing it, or by an attested copy; and it is necessary not only to set forth in the pleadings the point wherein the false oath was taken, but to shew also how it conduced to the proof or disproof of the matter in question. (c) And if an action on the statute be brought by more than one, it is necessary to shew how the perjury was prejudicial to each of the plaintiffs. (d) But it seems that a perjury, which tends only to aggravate or extenuate the damages, is as much within the statute as a perjury that goes directly to the point in issue; and that perjury committed in a cause wherein an erroneous judgment is given, is a good ground of a prosecution upon the statute till the judgment be reversed. (e) It has been holden that every indictment or action upon this the 5 Eliz. c.9. statute must exactly pursue the words of it; and, therefore, if it allege that the defendant deposed such a matter falsò et deceptivè, or falso et corruptè, or falso et voluntariè, without saying voluntariè et corruptè, it is not good, though it conclude that sic voluntarium et corruptum commisit perjurium contra formam statuti, &c. Also it is said to be necessary expressly to shew that the defendant was sworn; and that it is not sufficient to say that

Indictment on

(c) 5 Bac. Abr. Perjury, (B). 1 Hawk. P. C. c. 69. s. 23. (d) Id. ibid.

(e) 1 Hawk. P. C. c. 69. s. 23. 5 Bac. Abr. Perjury, (B). In 1 Hawk. P. C. c. 69. s. 4. there is a quære whether perjury in a court, whose proceedings are afterwards reversed by error, may not still be punished as perjury, notwithstanding such reversal?

tacto per se sacro evangelio deposuit. But there is no need to shew whether the party took the false oath through the subornation of another, or of his own act, though the words of the statute are, "If persons by subornation, &c. or their own act, &c. shall commit wilful periury;" for there being no medium between the branches of this distinction, they seem to be put in ex abundanti, and to express no more than the law would have implied, and, therefore, operate nothing.(f)

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Facilities secutions for

given to pro

23 Geo. 2. c. 11.8.3. The size, &c. may direct any witness to be for perjury, and assign counsel, &c.

Judges of as

prosecuted

It seems that if perjury be committed that is within this statute, but the indictment concludes not contra formam statuti, yet it is a good indictment at common law, but not to bring the offender within the corporal punishment of the statute.(g) For the purpose of facilitating prosecutions for perjury, and of preventing great offenders from escaping punishment by reason of the expense attending prosecutions, the statute 23 Geo. 2. c.11. perjury. s. 3. enacts, "that it shall and may be lawful to and for any of "his Majesty's justices of assize, or nisi prius, or general gaol "delivery, or of any of the great sessions of the principality of Wales, or of the counties palatine; and they are hereby au"thorized (sitting the court, or within twenty-four hours after,) "to direct any person examined as a witness upon any trial be"fore him or them, to be prosecuted for the said offence of per"jury, in case there shall appear to him or them a reasonable cause for such prosecution, and that it shall appear to him or “ them proper so to do ; and to assign the party injured, or other person undertaking such prosecution, counsel, who shall and "are hereby required to do their duty without any fee, gratuity, 66 or reward for the same: and every such prosecution, so directed "as aforesaid, shall be carried on without payment of any tax or “ duty, and without payment of any fees in court, or to any "officer of the court who might otherwise claim or demand the same. And the clerk of assize, or his associate or prothonotary, "or other proper officer of the court (who shall be attending “ when such prosecution is directed) shall, and is hereby required, "without any fee or reward, to give the party injured, or other person undertaking such prosecution, a certificate of the same "being directed, together with the names of the counsel assigned "him by the Court; which certificate shall in all cases be deemed "sufficient proof of such prosecution having been directed as "aforesaid, provided that no such direction or certificate shall be given in evidence upon any trial to be had against any person upon a prosecution so directed as aforesaid."

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،،

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framing of in

The same statute also makes provision for the more easy fram- Provision for ing of indictments for perjury and subornation of perjury. The the more easy first section, reciting that by reason of the difficulties attending dictments. prosecutions for perjury and subornation of perjury, those heinous crimes had frequently gone unpunished, enacts, "that in every "information or indictment to be prosecuted against any person "for wilful and corrupt perjury, it shall be sufficient to set forth “ the substance of the offence charged upon the defendant, and by "what Court, or before whom the oath was taken (averring such thorities there cited. (g) 2 Hale, 191, 192.

(f) 1 Hawk. P. C. c. 69. s. 17, 18. Bac. Abr. Perjury, (B). and the au