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
=9.= (1) Where any of the following authorities, namely, a judge
of or person presiding in a court of record, or a petty sessional
court, or any justice of the peace sitting in special sessions, or
any sheriff or his lawful deputy before whom a writ of inquiry or
a writ of trial is executed is of opinion that any person has in
the course of a proceeding before that authority been guilty of
perjury, the authority may order the prosecution of that person
for such perjury in case there shall appear to be reasonable cause
for such prosecution and may commit him, or admit him to bail, to
take his trial at the proper court, and may require any person to
enter into a recognizance to prosecute or give evidence against the
person whose prosecution is so ordered, and may give the person so
bound to prosecute a certificate of the making of the order for the
prosecution, for which certificate no charge shall be made.
(2) An order made or a certificate given under this section shall be
given in evidence for the purpose or in the course of any trial or a
prosecution resulting therefrom.
=10.= A court of quarter sessions shall not have jurisdiction to try
an indictment for any offence against this Act, or for an offence
which under any enactment for the time being in force is declared
to be perjury or to be punishable as perjury, or as subornation of
perjury.
=11.= The provisions of the Vexatious Indictments Act, 1859, and the
Acts amending the same, shall apply in the case of any offence
punishable under this Act, and in the case of any offence which
under any other enactment for the time being in force, is declared
to be perjury or subornation of perjury or is made punishable as
perjury or as subordination of perjury, in like manner as if all the
said offences were enumerated in section one of the said Vexatious
Indictments Act, 1859: Provided that in that section a reference
to this Act shall be substituted for the reference therein to the
Criminal Procedure Act, 1851.
=12.= (1) In an indictment--
(_a_) for making any false statement or false representation
punishable under this Act, or
(_b_) for unlawfully, wilfully, falsely, fraudulently, deceitfully,
maliciously, or corruptly taking, making, signing, or
subscribing any oath, affirmation, solemn declaration,
statutory declaration, affidavit, deposition, notice,
certificate, or other writing,
it is sufficient to set forth the substance of the offence charged,
and before which court or person (if any) the offence was committed
without setting forth the proceedings or any part of the proceedings
in the course of which the offence was committed, and without setting
forth the authority of any court or person before whom the offence
was committed.
Public-domain text, read in full here on John Shaqi.
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