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
(2) In an indictment for aiding, abetting, counselling, suborning,
or procuring any other person to commit any offence hereinbefore in
this section mentioned, or for conspiring with any other person, or
with attempting to suborn or procure any other person, to commit any
such offence, it is sufficient--
(_a_) where such an offence has been committed, to allege that
offence, and then to allege that the defendant procured the
commission of that offence, and
(_b_) where such offence has not been committed, to set forth
the substance of the offence charged against the defendant
without setting forth any matter or thing which it is
unnecessary to aver in the case of an indictment for a false
statement or false representation punishable under this Act.
=13.= A person shall not be liable to be convicted of any offence
against this Act, or of any offence declared by any other Act to be
perjury or subornation of perjury or to be punishable as perjury or
subornation of perjury solely upon the evidence of one witness as to
the falsity of any statement alleged to be false.
=14.= On a prosecution
(_a_) for perjury alleged to have been committed on the trial of an
indictment for felony or misdemeanour, or
(_b_) for procuring or suborning the commission of perjury on any
such trial,
the fact of the former trial shall be sufficiently proved by the
production of a certificate containing the substance and effect
(omitting the formal parts) of the indictment and trial purporting
to be signed by the clerk of the court, or other person having the
custody of the records of the court where the indictment was tried,
or by the deputy of the clerk or other person, without proof of the
signature or official character of the clerk or person appearing to
have signed the certificate.
=15.= (1) For the purposes of this Act the forms and ceremonies used
in administering an oath are immaterial, if the court or person
before whom the oath is taken has power to administer an oath for
the purpose of verifying the statement in question, and if the oath
has been administered in a form and with ceremonies which the person
taking the oath has accepted without objection, or has declared to be
binding on him.
(2) In this Act--
The expression “oath” in the case of persons for the time being
allowed by law to affirm or declare instead of swearing, includes
“affirmation” and “declaration,” and the expression “swear” in the
like case includes “affirm” and “declare”; and
The expression “statutory declaration” means a declaration made
by virtue of the Statutory Declarations Act, 1835, or of any Act,
Order in Council, rule or regulation applying or extending the
provisions thereof; and
The expression “indictment” includes “criminal information.”
Public-domain text, read in full here on John Shaqi.
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