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
=16.= (1) Where the making of a false statement is not only an
offence under this Act, but also by virtue of some other Act is
a corrupt practice or subjects the offender to any forfeiture or
disqualification or to any penalty other than penal servitude, or
imprisonment, or fine, the liability of the offender under this Act
shall be in addition to and not in substitution for his liability
under such other Act.
(2) Nothing in this Act shall apply to a statement made without oath
by a child under the provisions of the Prevention of Cruelty to
Children Act, 1904, and the Children Act, 1908.
(3) Where the making of a false statement is by any other Act,
whether passed before or after the commencement of this Act, made
punishable on summary conviction proceedings may be taken either
under such other Act or under this Act:
Provided that where such an offence is by any Act passed before the
commencement of this Act, as originally enacted, made punishable only
on summary conviction, it shall remain only so punishable.
=17.= The enactments specified in the schedule of this Act are hereby
repealed, so far as they apply to England, to the extent specified in
the third column of that schedule.
=18.= This Act shall not extend to Scotland or Ireland.
=19.= This Act may be cited as the Perjury Act, 1911, and shall come
into operation on the first day of January, nineteen hundred and
twelve.
The schedule attached to the new Bill--which comes to an end, so far as
the provisions are concerned, with clause 19--repeals one hundred and
thirty-two legislative measures, the first one to go, being 52 Hen. 8.
c. 9.--“Agenst maintenance and embracery byeng of titles, etc.”
The Perjury Bill promises to crush out many anomalous conditions, not
the least of which are those connected with the facility afforded at
present to the supply of false data to registrars of births and deaths,
more particularly in respect to births. Under existing conditions, by a
passive method of _suppressio veri_, as opposed to _expressio falsi_,
the most grossly inaccurate entries may be recorded in the registers.
For a person who voluntarily sets himself to speak what is false, there
is no limit to the length to which he may go, without let or hindrance.
By the force of the new Bill, this state of affairs will come to an
abrupt and timely end. It is high time, too, for the records of England
are filled with the most unwarrantable entries.
Public-domain text, read in full here on John Shaqi.
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