same, whether the oath be taken by a man as a witness for another, or whether it be taken in his own affidavit, or in his answer in equity, either to the bill or to the interrogatories, or in respect of some collateral matter, which affects the proceedings: 1 Haw. P. C. c. 27, s. 5; 1 Leach; 50, 5 Mod. 948. And, if false swearing be committed in an affidavit, an indictment for perjury will be supported, although the affidavit cannot, from certain omissions in the jurat, be received in the court in which it was sworn: R. v. Hailey, R. & M. 94; 1 C. & P. 258. Fourthly, the oath must be absolute. There is no doubt, however, that if a man swears that he believes that to be true which he knows to be false, he swears as absolutely, and is as criminal, in point of law, as if he had sworn positively to the same effect: Miller's case, 3 Wils. 427, 2 Blac. 881; Pedley's case, 1 Leach, 327. Fifthly, the oath must be false. It is immaterial whether the fact sworn to be in itself true or false, provided the party swearing did not know whether the fact were true or false: 3 Inst. 166; 1 Haw. P. C. c. 27, s. 6; 2 Russ. 1754. Sixthly, the matter sworn to must be material to the issue or cause in question; for, if it be not material, it is, in effect, extra-judicial, and, therefore, perjury cannot be assigned upon it: 3 Inst. 167. But it is not necessary that it should appear in what degree the matter sworn to was material; for, if it be but circumstantially material, it will be perjury: 1 Lord Raym. 258. Much less is it necessary that the evidence be sufficient for the plaintiff to recover upon: 2 Lord Raym. 889. But, upon this subject, it has been truly observed that it is easier to decide on each particular case than to establish any general principle: 2 Chit. Cr. L. 306. It has been held, in a late case, that as the denial in an answer in Chancery of a parol agreement for the purchase of lands (where the defendant also relies on the Statute of Frauds), is irrelevant and immaterial, an indictment for perjury, in respect of a false denial of this kind, cannot be supported: R. v. Dunston, 1 R. & M. 109. Lastly, the perjury may be by the act of the party, or the subornation of others. But in either case it must be wilful. Subornation of perjury, by the common law, is an offence in procuring a man to take a false oath amounting to perjury, who actually takes such oath: 2 Russ. 1752. An unsuccessful solicitation to commit perjury is also a misdemeanor at common law, punishable by fine, imprisonment, and corporal punishment: 1 Haw. P. C. c. 27, s. 10; 2 East, 17. In an indictment for suboruation, it does not seem to be necessary to set forth the means used by the defendant to effect his design, but it is sufficient to state that he, "by sinister and unlawful labours and means," procured the commission of the perjury: 2 Chit. Cr. L. 318. It appears not to be important whether the false oath were credited or not, or whether the party in whose prejudice it was taken were, in the event, any ways damaged by it: 2 Russ. 1759. two Without entering minutely into the subject of evidence as connected with perjury, one or important points may, nevertheless, be noticed. The evidence of one witness is not sufficient to convict the defendant on an indictment for perjury; as, in such case, there would be only one oath against another: Phil. Ev. 148. It appears to have been ruled, that, upon an indictment for perjury committed at the trial of a cause, the prosecutor must prove the whole of the defendant's testimony, R. v. S Jones, Peake, 38, unless the perjury be assigned upon a point which first arose upon the defendant's cross-examination; in which case, proof of the whole cross-examination has been ruled to be sufficient: R. v. Dowlin, Peahe, 170. See the observations on this point in 2 Chit. Cr. L. 312. But it has been ruled in a late case of a similar nature, that it is sufficient for the prosecutor to prove all the evidence given by the defendant referable to the fact on which perjury is assigned; Rv. Rowley, 1 R. & M. 299. For evidence of perjury in an answer in chancery, see Fanshaw's case, Skin. 327; R. v. Morris, 1 Leach, 61, S. C. 2 Burr. 1189; R. v. Benson, 2 Camp. 508: R.v. Roper, 1 Stark. 518; Re Spencer, 1 R. & M. 97, S. C.; 1 C. & P. 260; R. v. Pepys, Peake, 138. Before commissioners of bankrupt: R. v. Punshon, 3 Camp. 96; and see 1 Harrison's Index, 386. With respect to the authority of persons administering oaths, it may be observed, that, until the contrary be shewn, it is a general presumption of law, that a person acting in a public capacity is duly authorized o to do: R. v. Verelot, 3 Camp. 432. Justices of the peace have no jurisdiction over perjury, at the common law, though they have under the statute of Elizabeth. It is, therefore, most usual to commence prosecutions, for this offence, in the King's Bench, or at the assizes: 2 Chit. Cr. L. 306. Where the party is acquitted, no new trial is allowed, in case of perjury, R. v. Fenwick, I Sid. 135; but a new trial will be granted after a verdict for the king, where it appears that the false swearing arose from mistake: R. v. Smith, 2 Show. 165. As to the practice of the courts, relative to perjury in justifying bail, see Stockham v. French, 8 Moore, 381. The punishment for perjury, at common law, is fine, imprisonment, and pillory, at the discretion of the court before whom the offender is convicted. In perjury upon the statute, incompetency as a witness is also a part of the punishment; but, at common law, it is a consequence only; and a pardon under the great seal restores the competency: R. v. Griepe, 1 Lord Raym. 257. See, also, 1 Vent. 349; 1 Esp. 94. 2. PERJURY UNDER PARTICULAR STATUTES. Government Annuities. 48 Geo. 3, c. 142. I. [Empowers the commissioners for the reduction of the national debt to accept transfers for the purchase of life annuities.] IV. [Previously to transfer, parties shall make declaration in form, schedule (A.) and produce certificates of age of nominees, &c. to an officer appointed for that purpose,] to which certificate shall also be annexed, an affidavit of the said witnesses who attested the execution thereof, or one of them, or their, his, or her solemn affirmation (in case they or either of them shall be of the persuasion called Quakers), to be made before any justice of the peace or magistrate of the county, city, riding, town, or place, wherein the place of the birth or baptism of any such nominee shall be situate, if in England or Scotland; or if in Ireland, then before one of the barons of the exchequer there, that such witness or witnesses did examine and compare the said copy of the register of birth or baptism with the register thereof, and did see such minister, or churchwardens and overseers, (as the case may be), sign the said certificate, and that the names of such witnesses are of their own proper hand-writing; and to the said certificate shall also Affidavit of be annexed an affidavit or solemn affirmation made by the identity. purchaser of the said annuity (or by one of the purchasers, in case there shall be two or more), or by some person on his, her, or their behalf, before any justice of the peace or magistrate, if in England or Scotland, or, if in Ireland, then before any one of the barons of the exchequer there, that the person named and described in the copy or certificate of the register of birth or baptism produced to the said officer, is the same person who is appointed to be such nominee: provided always, that in all cases where the Governcopy or certificate, so produced, shall purport to be a copy or certificate of the register of the baptism only, and not of the birth of the nominee, the age of such nominee shall, for the purposes of this act, be calculated from the date of such baptism, and the amount of the annuity to be purchased on his or her life shall be estimated and ascertained in like manner, in all respects, as if such nominee had been born on the day expressed in the said copy or certificate to be the day of his or her baptism. ment an nuities. false affida XXVI. And be it further enacted, that if any person, in Penalty of any affidavit or affirmation to be taken before any judge of perjury on his majesty's courts at Westminster, or before any of the vits. barons of his majesty's courts of exchequer, in Scotland or Ireland, respectively, or before any justice of the peace, or magistrate, under the provisions of this act, shall wilfully or corruptly 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 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. 52 Geo. 3, c. 129. I. [Recites 48 Geo. 3, c. 142, and 49 Geo. 3, c. 64, and enacts that life annuities may be granted on the terms specified in the schedules annexed.] davits or II. And whereas the affidavits or affirmations by the said Before first-recited act required, in order to enable the granting of whom affiany life annuity, or the receipt thereof under the same, are affirmations in certain cases directed to be taken, if in England, before required by one or more of the judges of any of his majesty's courts of the first re-, record at Westminster, or, if in Scotland or Ireland, before Y cited act shall be taken. Persons guilty of perjury. one or more of the barons of exchequer in Scotland or Ireland, respectively: and whereas the said provisions have been found productive of inconvenience: be it there. fore enacted, that from and after the passing of this act, all affidavits or affirmations in any of the cases before referred to, made or taken, if in England or Ireland, before the justices or magistrates assembled at the quarter sessions for any county, riding, city, town, or place, and certified by any two or more of such justices or magistrates, to have been so made or taken, or, if in Scotland, before any sheriff or steward, depute or substitute, and certified by him to have been so made and taken, shall be as valid and effectual in all respects, and to all intents and purposes, as if such affidavits or affirmations had been made or taken in England, before a judge of one of his majesty's courts of record at Westminster, or, in Scotland or Ireland, before one of the barons of the exchequer in Scotland or Ireland, respectively; any thing in the said recited acts to the contrary thereof in any wise notwithstanding,, VII. And be it further enacted, that if any person, in any making false affidavit or affirmation to be taken under the provisions of affidavits, this act, shall wilfully or corruptly 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 and liable to such pains and penalties as, by any laws now in force, any per sons convicted of wilful and corrupt perjury are subject and liable to. Commis upon oath Exchequer Bills. 51 Geo. 3, c. 15. V. [Appoints certain persons, therein named, to be com missioners for advancing and lending to any body or bodies, politic or corporate, or to the merchants, bankers, and traders, resident within the kingdom of Great Britain, upon the deposits and securities, and under the terms and conditions, and subject to the regulations in this act men tioned, the exchequer bills to be made out in pursuance of this act.] IX. And be it further enacted, that it shall be lawful for sioners may the said commissioners, or any three or more of them, and examine they are hereby authorized and empowered, to examine persons wil- upon oath or affirmation (which oath or affirmation they, ling to be or any one or more of them, are and is hereby authorized examined, to administer) all persons who shall be willing to be exaand receive mined touching all such matters and things as shall be made before necessary for the execution of the powers vested in the said magistrates. commissioners by this act; and also to receive any affidavits or depositions in writing, upon oath or affirmation, touching such matters or things as aforesaid, which shall be made depositions before any justice of the peace of any county or shire, or any magistrate of any city, borough, or town corporate, in Great Britain or Ireland, where or near to which the person making such affidavit or deposition shall reside, and certified and transmitted to the said commissioners appointed by this act, under the hand and seal of such justice or magistrate, (which oath or affirmation every such justice or magistrate shall be and is hereby authorized and empowered to administer): provided that, in every such affidavit or deposition, there shall be expressed, the addition of the party making such affidavit or deposition, and the particular place of his or her abode. X. And be it further enacted, that if any person or per- Persons sons, upon examination upon oath or affirmation before the giving false said commissioners respectively, or if any person or per- guilty of evidence, sons making any such affidavit or deposition as before perjury. mentioned, shall wilfully and corruptly give false evidence, or shall in such affidavit or deposition wilfully and corruptly swear, affirm, or allege any matter or thing which shall be false or untrue, every such person or persons so offending, and being thereof duly convicted, shall be, and is, and are, hereby declared 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. Stamps. 55 Geo. 3, c. 184. ties. LII. Be it enacted, that all affidavits and solemn affirma- Affidavits tions in the case of Quakers, required by this, or any relating to former or future act of parliament, or which shall be stamp du required by the said commissioners of stamps, to be made for the satisfaction of the said commissioners, of and concerning any facts or circumstances upon which they are to execute the powers vested in them, by this or any other act, or for the verification of any accounts of or concerning the duties under their management, or for any other purpose relating to such duties, shall, in all cases not otherwise expressly provided for, be made before the said commissioners, or any one or more of them, or before a master in Chancery, ordinary or extraordinary, in England, or before any person duly commissioned to take affidavits by the Court of Session or the Court of Exchequer in Scotland, or before one of his majesty's justices of the peace in Scotland. LIII. And be it further enacted, that all and every per- Penalty for son and persons, before whom any affidavit or solemn affir- perjury. mation is or shall be required or directed to be made, by this, or any former |