Imatges de pàgina

such person any chattel, money, or valuable security, every such offender shall be guilty of felony, and being convicted thereof, shall be liable at the discretion of the court to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped, (if the court shall so think fit,) in addition to such imprisonment.

By section 9, it is enacted, that for defining what shall be an infamous crime within the meaning of that act, the abominable crime of buggery committed either with mankind or beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat, offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this act.

And see section 4 of the same act, cited supra, p. 65, as to the place and mode of imprisonment for all offences punishable under the act.

See further as to threatening letters, post, ch, ix. s. 3.

16. Perjury. This offence consists in swearing wilfully, absolutely, and falsely in a matter material to the point in question, the oath being lawfully administered in some judicial proceeding.-3 Inst. 164.

If the oath is not taken in some judicial proceeding it seems that the offence is not perjury, even though it may be an oath required to be taken by act of parliament, unless the act expressly attaches to the case the penalties of perjury.—4 Bl. Com. 137, n. (35), by Chr.

Therefore a false oath taken before a surrogate to procure a marriage license has been ruled not sufficient to support a prosecution for perjury. But in such a case it is usual to indict for a mere misdemeanor. --- Arch. 425; 2 Russ. 520.

By 3 & 4 Will. IV. c. 42, s. 41, a false oath before arbitrators under Rule of Court is subject to the penalties of perjury.

To make a false oath perjury, it must be an oath lawfully administered by a competent authority.-3 Salk. 269.

And the perjury must be wilful, that is, not upon surprise, or the like.—1 Hawk. P. C. c. 69, s. 2.

And it must be absolute or positive. But a man may be indicted for perjury in swearing that he believes a fact to be true which he knows to be false.-Leach, 270.

So the perjury must be upon a point material to the question in dispute.-1 Lord Ray. 256.

It is a misdemeanor at common law, punishable with fine, imprisonment, and pillory; and perpetual disability to bear testimony is a consequence of this crime.-4 Bl. Com. 138; 2 Russ. 551.

And by 5 Eliz. c. 9, the offender (if prosecuted under that act) is punishable with six months' imprisonment, disability as a witness, and a fine of £20, or to have both ears nailed to the pillory.

But the prosecution has been usually carried on for the offence as at common law, and not under the statute.

By 2 Geo. II. c. 25, s. 2, the judge may order the party to be transported, or sent to the house of correction, with hard labour, for a term not exceeding seven years.

And by 3 Geo. IV. c. 114, the Court, on conviction for perjury, may sentence to imprisonment with hard labour, either in addition to or in lieu of any other punishment.

By 3 & 4 Will. IV. c. 49, Quakers and Moravians, and by c. 82, the sect called Separatists, may make solemn affirmation, in lieu of oath, in all places and for all purposes, where an oath is or shall be required, but subject to the penalties of perjury in case of a wilfully false affirmation.

An indictment found at the Quarter Sessions for perjury at common law, is void, the sessions having no jurisdiction over the offence; and if an indictment is found, is removed by certiorari, and the case comes down for trial at Nisi Prius, the judge will not try it.-Ry. & M. N. P. C. 298; 2 Russ. 544.

To procure another person to commit perjury, is the offence of subornation of perjury.

This is also an offence at common law, punishable with fine, imprisonment, and pillory; and perpetual disability to bear testimony is a consequence.—2 Russ. 550.

By 5 Eliz. c. 9, the offender (if prosecuted under that act) incurs the penalty of disability as a witness, and a fine of £40, in default of payment whereof he is liable to imprisonment for six months, and to stand upon the pillory for one hour.

And the punishments provided for perjury by the above cited statutes of 2 Geo. II. c. 25, s. 2, and 3 Geo. IV. c. 114, apply also to the subornation of perjury.

Though the party suborned does not take the oath, yet the person who incited him is liable to be fined, and to suffer infamous corporal punishment.—4 Bl. Com. 138, n. (38), by Ryland.

By 23 Geo. II. c. 11, s.3, a judge is empowered to direct a witness to be prosecuted for perjury; and it is provided, that, in an indictment for perjury or subornation, it shall be sufficient to set forth the substance of the offence.

The following statutes relative to perjury in particular cases are collected by Mr. Archbold, Crim. Law, 434; Government Annuities–48 Geo. III. c. 142, s. 4, 26;

52 Geo. III. c. 149, s. 2,7. Exchequer Bills-51 Geo. III. c. 15, s. 9, 10. Stamps-55 Geo. III. c. 184, s. 52, 53. Customs—-3 & 4 Will. IV. c. 51, s. 28, 29. Excise—7 & 8 Geo. IV. c. 53, s. 29, 30, 31. Naval Stores-39 & 40 Geo. III. c. 89, s. 36. Quarantine--6 Geo. IV, c. 78, s. 29. Pilotage-6 Geo. IV. c. 125, s. 80. Vessels carrying Passengers—43 Geo. III. c, 56, s. 20. Bankrupts--6 Geo. IV. c. 16, s. 99. Insolvents—7 Geo. IV. c. 57, s. 71. Registry Acts-2 & 3 Annę, c, 4, s, 18, 19,

Ship Registry—6 Geo. IV. c. 110, s. 49.
Inclosure Act—41 Geo. III. c. 109, s. 43.
Perjury at Elections-18 Geo. II. c. 18, s. 1; 19

Geo. II. c. 28.
And see 2 Russ. 526.

17. Bribery. This offence consists in the taking by or offering to a judge, or any other officer, judicial or ministerial, any undue reward to influence his behaviour in his office.4 BI. Com. 139; Arch. 435.

And he who offers is guilty of the offence, though the bribe be not taken.— Ibid.

It is a misdemeanor, punishable at common law with fine and imprisonment, both in him who takes and him who offers.-Ibid.

And by a statute of 11 Hen. IV. all judges and officers of the king convicted of bribery shall forfeit treble the bribe, be punished at the king's will, and be discharged from the king's service for ever.–4. Bl. C. 140.

As to the offence of bribery as regards officers of the customs, see 6 Geo. IV. c. 108, s. 35.

There is also a kind of bribery which relates to the elective franchise. As to which see 7 & 8 Will. III. c. 4; 2 Geo. II. c. 24; 49 Geo. III. c. 118; 53 Geo. III. c. 89; and 7 & 8 Geo. IV. c. 37.

This kind of bribery was a misdemeanor at common law, punishable by fine and imprisonment.—1 Russ. 157.

And by these statutes considerable penalties have been further imposed; but the statutes have not taken away the common law crime.-Ibid. 158.

18. Embracery. This offence consists in attempting to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, entertainments, and the like.—1 Hawk. P.C. c. 85, s. 1.

This was a misdemeanor at common law.-1 Russ. 184:

And by 5 Ed. III. c. 10; 34 Ed. III. c. 8; 38 Ed. III. c. 12; 32 Hen. VIII. c. 9; and 6 Geo. IV. c. 50, s. 61; the offence of embracery, and that of the juror's wilfully and corruptly consenting thereto, is a misdemeanor, punishable by fine and imprisonment, as in those statutes provided.

19. Negligence of Oficers of Justice. Every sheriff, coroner, constable and the like, who neglects his duty, is guilty of a misdemeanor, punishable with fine and imprisonment; and in very notorious cases his office, if a beneficial one, may be forfeited.—4 Bl. Com. 140; Arch. 437.

20. Oppression by Judges and Magistrates. Any oppression by a judge or magistrate, or other misconduct in his office, proceeding from improper, dishonest or corrupt motives, is a misdemeanor, and is prosecuted by impeachment in parliament or information in the King's Bench, according to the rank of the offender, and is punishable with forfeiture of office, fine, imprisonment, or other discretionary censure.—4 Bl. C. 141.

21. Extortion. This offence consists in any public officer unlawfully taking, by colour of his office, from any man any money or thing of value that is not due to him, or more than is due, or before it is due.-1 Hawk. P. C. c. 68, s. 1.

It is a misdemeanor at common law, punishable by fine, imprisonment, and sometimes by forfeiture of office.—4 BI. C. 141; 1 Russ. 147.

By 1 & 2 W. 4, c. 56, any judge or other officer in bankruptcy taking other than his lawful fees shall forfeit £500, and be incapable of holding office.

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