Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
(3) Where a statement made for the purposes of a judicial proceeding
is not made before the tribunal itself, but is made on oath before
a person authorised by law to administer an oath to the person who
makes the statement, and to record or authenticate the statement, it
shall for the purposes of this section be treated as having been made
in a judicial proceeding.
(4) A statement made by a person lawfully sworn in England or Ireland
for the purposes of a judicial proceeding--
(_a_) in another part of His Majesty’s dominions, or
(_b_) in a British tribunal lawfully constituted in any place by
sea or land outside His Majesty’s dominions, or
(_c_) in a tribunal of any foreign state,
shall for the purpose of this section be treated as a statement made
in a judicial proceeding in England or Ireland.
(5) Where for the purposes of a judicial proceeding in England or
Ireland, a person is lawfully sworn under the authority of an Act of
Parliament--
(_a_) in any other part of His Majesty’s dominions, or
(_b_) before a British tribunal or a British officer in a foreign
country, or within the jurisdiction of the Admiralty of England,
a statement made by such person so sworn as aforesaid (unless the
Act of Parliament under which it was made otherwise specifically
provides) shall be treated for the purposes of this section as having
been made in the judicial proceeding in England or Ireland for the
purposes whereof it was made.
(6) The question whether a statement on which perjury is assigned was
material is a question of law to be determined by the court of trial.
=2.= If any person--
(1) being required or authorised by law to make any statement on
oath for any purpose, and being lawfully sworn (otherwise than
in a judicial proceeding) wilfully makes a statement which is
material for that purpose and which he knows to be false or
does not believe to be true, or
(2) wilfully uses any false affidavit for the purposes of the Bill
of Sale Act, 1878, as amended by any subsequent enactment,
he shall be guilty of a misdemeanour, and on conviction thereof
on indictment shall be liable to penal servitude for a term not
exceeding seven years or to imprisonment, with or without hard
labour, for a term not exceeding two years, or to a fine or to both
such penal servitude or imprisonment and fine.
=3.= (1) If any person--
(_a_) for the purpose of procuring a marriage, or a certificate
or license for marriage, knowingly and wilfully makes a
false oath, or makes or signs a false declaration, notice or
certificate required under any Act of Parliament for the time
being in force relating to marriage, or
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