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not punishable by this statute; for it extendeth but to witnesses. 3 Inst. 166.

But he is punishable for the same by indictment at the common law. Rex v. Morris, 3 Burr. 1189.

By any writ, action, bill, complaint, or information.] It hath been resolved that these words are to be extended to the latter clause concerning perjury, as well as to this concerning subornation; because it cannot well be intended, that the makers of the act, who inflict a greater penalty on subornation of perjury than on the perjury itself, should mean to extend the purvieu of the law in relation to what they esteemed the lesser crime, farther than in relation to that which they esteemed the greater. 1 Haw. c. 69. f 19. 5 Rep. 99. a.

But it is to be observed, that perjury or subornation in an action depending by indictment or criminal information, is not within this statute; but only in an action depending by writ, action, bill, complaint, or information. 3 Inst. 164.

Half to the party grieved.] It hath been collected from this One moiety. clause, that no false oath is within the meaning of this statute, which doth not give some person a just cause of complaint: And upon this ground it hath been said, that he who swears a thing which is true, but not known by him to be so, is not within this statute; because, howsoever heinous his offence may be in its own nature, yet when it proves in the event to be in maintenance of the truth, it cannot be said to give him a just cause of complaint, who would take advantage against another from his want of legal evidence to make out the justice of his cause. Also from the same ground it seemeth clearly to follow that no false oath can be within the statute, unless the party against whom it was sworn suffered some kind of disadvantage by it; for otherwise it cannot be said, that any one was grieved by it; And therefore, in every prosecution upon this statute, it must appear upon the trial that there was such a suit depending, wherein the party might be prejudiced in the manner supposed. 1 Haw c. 69. § 23. 2 Russ. 1777.

Either by subornation or otherwise.] It is not necessary to set forth in the indictment, whether the party took the false oath through the subornation of another, or without any such subornation, these words being only superfluity. 1 Haw. c. 69. § 18.

Wilfully and corruptly.] These words are necessary in an indictment or action on this statute, and cannot be supplied by adding against the form of the statute, or by concluding and so a wilful and corrupt perjury did commit. 1 Haw. c. 69. § 17.

An indictment for perjury cannot be maintained, where the Not assignable supposed perjury depends on the construction of a deed; but on the constructhe remedy is by a civil action, if the defendant acted inconsist- tion of a deed. ently with the obligation entered into. Rex v. Crespigny, 1 Esp.

280.

Justices at their quarter sessions] And one justice (Mr. Dalton says) may bind the offender over to the sessions. Dalt. c. 70.

But because the prosecution upon this statute is more difficult than by indictment at the common law, offenders are seldom prosecuted upon this statute, especially at the sessions; and it seems generally the safer way to proceed by indictment at the common

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23 G. 2. c. 11.

Judges may direct prosecution for perjury.

On prosecution for perjury, it shall be sufficient to set forth the sub

stance of the offence.

Likewise on a

subornation.

law at the assizes, or in the court of king's bench.
1775.

Vide 2 Russ.

Shall not restrain.] From this it seemeth undoubtedly to follow, that the court of king's bench, &c. proceeding upon an indictment or information of perjury or subornation of perjury at the common law, may not only set a discretionary fine on the offender, but also condemn him to the pillory, without making any inquiry concerning the value of his lands or goods. 1 Haw. c. 69. $ 16.

III. Of Matters common to them both.

By 23 Geo. 2. c. 11. § 3. The judge of assize (sitting the court, or within 24 hours after,) may direct any witness, if there shall appear to him a reasonable cause, to be prosecuted for perjury; and may assign the party injured, or other person undertaking such prosecution, counsel, who are to do their duty gratis: and such prosecution so directed shall be carried on without any duty or fees whatsoever. And the clerk of assize, or other proper officer of the court, shall give gratis to the party injured, or prosecutor, a certificate of the same being directed, together with the names of the counsel assigned him; which certificate shall be sufficient proof of such prosecution being directed; provided that no such direction or certificate shall be given in evidence on the trial.

§ 1. And in every information or indictment for wilful and corrupt perjury it shall be sufficient to set forth the substance of the offence, and by what court, or before whom the oath was taken (averring such court or person to have a competent authority to administer the same), together with the proper averment or averments to falsify the matter wherein the perjury is assigned, without setting forth any part of the record or proceedings either in law or equity (other than as aforesaid), or the authority of the court or person before whom the perjury was committed.

§ 2. And in every information or indictment for subornation of prosecution for perjury, or for corrupt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence, without setting forth any part of the record or proceedings, or the commission or authority of the court or person before whom the perjury was committed, or was agreed or promised to be committed.

The provisions of this statute should be attended to in drawing in. dictments.

In Rex v. Dowlin, 5 T. R. 317. Ld. Kenyon, C. J. said we have occasion to lament, in almost all the trials for perjury, that the prosecutor does not avail himself of this excellent law, which was passed to obviate difficulties in drawing indictments for this offence. In the case referred to, the commission at the Admiralty session had been unnecessarily set forth in the indictment, and it was admitted that where a prosecutor undertakes to set out in the indictment more of the proceedings than he need under this statute, he must set them forth correctly; but it was holden that the commission at the Admiralty session being set forth as directed to A.,B., and C., and others not named, of which A., B., and C., amongst others, should always be one, the Court must take it to mean that if either of the persons named of the quorum, were present, it would be sufficient. 2 Russ. 1780.

The Court generally will not quash an indictment for a crime of Insufficient inso enormous a nature as perjury, for insufficiency in the caption or dictment not body of it, but will oblige the defendant either to plead or demur quashed without to it. 2 Haw. c. 25. § 146. pleading or

With respect to the plea of auterfoits acquit by a defendant, who has been acquitted of an indictment for perjury but not on the merits, it may be generally observed of such plea, that it is an established principle, that unless the first indictment were such as the defendant (or if for a felony the prisoner) might have been convicted upon by proof of the facts contained in the second indictment, an acquittal on the first indictment can be no bar to the second. Kex v. Vandercom and Abbott, O. B. Jan. 1796, 2 East's P. C. 519.

demurrer. Plea of auter

fo.ts acquit.

4th edit.

To convict a man of perjury, a probable evidence is not enough; Evidence. but it must be a strong and clear evidence, and the witnesses Phill. Ev. 148, must be more numerous than those on the side of the defendant; for otherwise it is only oath against oath. Reg. v. Muscot, 10 Mod. 194. Rex v. Broughton, 2 Str. 1229.

For there is this difference between a prosecution for perjury and a bare contest about property; that in the latter case the matter stands indifferent, and therefore a credible and probable witness shall turn the scale in favour of either party; but in the former, presumption is even to be made in favour of innocence, and the oath of the party will have a regard paid to it, until disproved. 10 Mod. 194.

Though the contrary doctrine appears at one time to have prevailed, it is now well established that the party prejudiced by the perjury is a competent witness to prove the offence. And, though at one time it was considered necessary to show that such party had satisfied the judgment in the suit in which the perjury was committed before he could be admitted as a witness; on the ground that he might possibly make use of a conviction for the purpose of obtaining relief in equity against the judgment; yet as it is now an established rule that a court of equity will not grant relief on a conviction which proceeds on the evidence of the prosecutor, there can be no objection to his being admitted a witness. And even if the indictment proceed upon the statute 5 Eliz. c. 9. which gives the prosecutor half the forfeiture incurred, it is conceived that, as in an action to recover his moiety he would be precluded from giving the conviction in evidence, there would be no objection to his competency.

2 Russ. 1791. and the autho rities there cited. Ev. 120. 4th

See also Phill.

edit.

For the further punishment of perjury, or subornation of per- 2 G. 2. c. 25. jury, it is enacted by the 2 Geo. 2. c. 25. (made perpetual by the Further punish9 Geo. 2. c. 18.) "that besides the punishinent already to be in- ment of perjury flicted by law for so great crimes, it shall and may be lawful for or subornation. the court or judge, before whom any person shall be convicted of wilful and corrupt perjury, or subornation of perjury, according to the laws now in being, to order such person to be sent to some house of correction within the same county, for a time not exceeding seven years, there to be kept to hard labour during all the

said time, or otherwise to be transported to some of his majesty's Transportation. plantations beyond the seas, for a term not exceeding seven years, as the court shall think most proper."

It seems that the court will not ordinarily at the prayer of the Certiorari. defendant grant a certiorari for the removal of an indictment

Perjured person

not to be a juror or witness.

False affirmations of Quakers.

Quakers not to

give evidence in criminal cases,

of perjury; for such crime deserves all possible discountenance, and the certiorari might delay if not wholly discourage the prosecution. 2 Haw. c. 27. § 28.

A person convicted of perjury is disabled from being a juror. 2 Haw. c. 43. § 25. Or a witness. 2 Haw. c. 46. § 19. 2 Russ.

1798.

But a pardon will restore his competency; except in the case of a conviction for perjury or subornation of perjury on statute 5 Eliz. c. 9. § 5. which provides that the offender shall never be admitted to give evidence in courts of justice until the judgment be reversed; and therefore the king's pardon will not in such case make him a competent witness. Phill. Ev. 36. 4th edit. 2 Russ. 1798.

The false affirmation or declaration, of any of the people called Quakers, made instead of an oath, will subject the party to the penalties of perjury, by statutes 7 & 8 W. 3. c. 34. 8 Geo. 1. c. 6. and 22 Geo. 2. c. 46. The latter statute (by 36.) enacts, "if any person making such affirmation or declaration, shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed and declared any matter or thing, which, if the same had been deposed in the usual form, would have amounted to wilful and corrupt perjury, every person 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 perjury." But, (by f 37.) it is provided, "that no Quaker shall by virtue of this act be qualified or permitted to give evidence in criminal cases, or to serve on juries, or to bear any office or place of profit in the government."

Perry. See Ercise.

13 C. 2. c. 5. Tumultuous petitioning, See 4 Blac. Com. 147.

Petition.

[13 C. 2. c. 5.]

BY the 13 C. 2. c. 5. No person shall solicit above 20 hands to any petition to the king, or either house of parliament, for alteration of matters established by law in church or state, unless the matter thereof hath been consented to by three or more justices of the county, or by the major part of the grand jury at the assizes or sessions; or, if arising in London, by the lord mayor, aldermen, and common council; nor shall present any such petition accompanied with more than ten persons, on pain of a sum not exceeding 100l. and three months' imprisonment, on conviction at the assizes or sessions in six months, and proved by two witnesses.

But this shall not extend to debar any persons (not above ten in number) to present any complaint to any member of parliament

after his election, and during the continuance of parliament, or to
the king, for any remedy to be thereupon had; nor to any address
to the king by the parliament.

Petit Larceny. See Larceny.
Petit Treason. See Treason.

Pewter and other Metals.

[19 H. 7. c. 6. — 4 H. 8. c. 7.-25 H. 8. c. 9. 33 H. 8. c. 4.2 & 3 Ed. 6. c. 37.

See stat. 29 Geo. 2. c. 30. respecting receivers of stolen pewter, &c. Vol. I. p. 17. et seq.

DURING the reigns of Hen. 7. & 8. and Edw. 6. five different 2 Dickinson, statutes (which see above) were passed for the purpose of pre- 382. venting as well the importation of manufactured goods of tin or pewter, as the exportation of any brass, copper or other metals, (tin and pewter only excepted,) in an unmanufactured state; as also to prevent any goods being manufactured within this kingdom, of tin, pewter, or brass of inferior quality to what they ought to be, on pain of forfeiting half to the king, and half to the finder.

By 19 H. 7. c. 6. The master and wardens of the craft of pew- 19 H. 7. c. 6. terers, and where there are none such, the head and governors of the city or borough may appoint searchers: and the justices at Michaelmas sessions shall appoint two persons, having experience therein, to search within the county. And of all such unlawful pewter or brass as they shall find, half shall be to the king and half to the searchers.

In default of the masters and wardens not searching, any person having sufficient knowledge in the said occupation, by oversight of the mayor or other head officer of cities or boroughs, may search. Id.

Pheasants. See Game.

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