(a.) Every such offender shall be liable to penal servitude for life A.D. 1878. if the false evidence was given in order to procure the conviction of any person for any crime for which such person would be liable upon conviction to be sentenced to death, or penal servitude, or in 5 order to obtain directly, or indirectly, for the offender, or to enable the offender to retain or keep anything of the value of one hundred pounds or upwards: 10 (b.) Every such offender shall be liable in all other cases to penal servitude for fourteen years. Everyone shall be guilty of giving false evidence who takes any false oath or make any false declaration for taking which he would, if this Act had not been passed, have been guilty of perjury under the provisions of any Act of Parliament. No person shall be prosecuted for perjury after the passing of 15 this Act. SECTION 85. FALSE DECLARATION. A false declaration is a declaration as to a matter of fact, opinion, or belief, whether upon oath or otherwise, and whether made in the 20 form of a certificate, official entry, or otherwise, which is made under the provisions of any Act of Parliament now in force, or hereafter to be in force, or before any public officer authorised by law to receive it for the purpose of proving the truth of any matter of which such officer is by law empowered or required to receive 25 proof, or for the purpose of certifying or recording any matter which the person making is empowered by law to certify or record, and which the person making the declaration does not believe to be true at the time when he makes it. 30 35 40 SECTION 86. PUNISHMENT OF MAKING A FALSE DECLARATION. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to two years imprisonment and hard labour, who makes any false declaration, unless some other punishment has been provided by law for such offence. SECTION 87. CONSPIRACIES TO BRING FALSE ACCUSATIONS. Everyone shall be guilty of an indictable offence who conspires with any other person to accuse any person falsely of any offence indictable or not. (a.) Every such offender shall be liable upon conviction to fourteen A.D. 1878. whatever, except the production of evidence and argument in open court, attempts to influence or instruct any juryman, or to incline him to be more favourable to the one side than to the other in any judicial proceeding, whether any verdict is given or not, and whether such verdict, if given, is true or false. SECTION 82. APPLICATION OF CERTAIN SECTIONS. 5 The provisions of sections 70, 71, 72, 76, and 77, shall apply to all Acts done and to all omissions to discharge any legal duty in any part of the world by any person employed by Her Majesty in any 10 civil or military office or employment in any of Her Majesty's Indian or Colonial Possessions in the execution or under colour, or in the exercise of any such office or employment. False evidence is an assertion as to a matter of fact, opinion, or belief, made, whether upon oath or otherwise, by a witness as part of the evidence given by him in a judicial proceeding, and not 20 believed by him to be true at the time when it is made. If the evidence given is false in fact, the burden of proving that he believed it to be true shall be upon the alleged offender. If the evidence given is true in fact, the burden of proving that the alleged offender believed it to be false shall be upon the prosecutor. 25 The expression "judicial proceeding means a proceeding in or under the authority of a court of justice, or relating in any way to the administration of justice, or by which any legal right or liability of any person is or is intended to be legally ascertained. Any number of false statements made in the course of the same 30 judicial proceeding shall constitute only one offence against this section. SECTION 84. PUNISHMENT OF FALSE EVIDENCE. Every person who gives false evidence shall be guilty of an in- 35 dictable offence, and shall upon conviction thereof be liable to the punishments herein-after mentioned; that is to say, (a.) Every such offender shall be liable to penal servitude for life A.D. 1878. if the false evidence was given in order to procure the conviction of any person for any crime for which such person would be liable upon conviction to be sentenced to death, or penal servitude, or in 5 order to obtain directly, or indirectly, for the offender, or to enable the offender to retain or keep anything of the value of one hundred pounds or upwards: 10 (b.) Every such offender shall be liable in all other cases to penal servitude for fourteen years. Everyone shall be guilty of giving false evidence who takes any false oath or make any false declaration for taking which he would, if this Act had not been passed, have been guilty of perjury under the provisions of any Act of Parliament. No person shall be prosecuted for perjury after the passing of 15 this Act. SECTION 85. FALSE DECLARATION. A false declaration is a declaration as to a matter of fact, opinion, or belief, whether upon oath or otherwise, and whether made in the 20 form of a certificate, official entry, or otherwise, which is made under the provisions of any Act of Parliament now in force, or hereafter to be in force, or before any public officer authorised by law to receive it for the purpose of proving the truth of any matter of which such officer is by law empowered or required to receive 25 proof, or for the purpose of certifying or recording any matter which the person making is empowered by law to certify or record, and which the person making the declaration does not believe to be true at the time when he makes it. 30 35 40 SECTION 86. PUNISHMENT OF MAKING A FALSE DECLARATION. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to two years imprisonment and hard labour, who makes any false declaration, unless some other punishment has been provided by law for such offence. SECTION 87. CONSPIRACIES TO BRING FALSE ACCUSATIONS. Everyone shall be guilty of an indictable offence who conspires with any other person to accuse any person falsely of any offence indictable or not. (a.) Every such offender shall be liable upon conviction to fourteen years penal servitude, if the offence of which such person is to be SECTION 88. ATTEMPTS TO PERVERT OR DEFEAT JUSTICE. for Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to seven years penal servitude, who attempts in any way to obstruct, prevent, pervert, or defeat the course of justice, or conspires with any person any such purpose. It is an offence within the meaning of this section,-(a.) To dissuade, hinder, or prevent any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or to endeavour to do so; 5 10 (b.) To obstruct or in any way to interfere with or knowingly 15 prevent the execution of any legal process civil or criminal. Provided that these particular cases are mentioned by way of example only, and are not intended to restrict the general terms of the definition herein-before contained, or to limit them to cases resembling any of the cases specifically mentioned. 20 Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, Who, having been sentenced or ordered to be transported, or kept in penal servitude, or having agreed to transport himself on certain conditions, either for life or for any number of years, is afterwards 30 at large within any part of Her Majesty's dominions, without some lawful cause, before the expiration of the term for which he was ordered to be transported or kept in penal servitude, or agreed to transport himself. SECTION 90. ASSISTING ESCAPE OF PRISONERS OF WAR. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for fourteen years, who 35 (a.) Assists any alien enemy of Her Majesty, being a prisoner of A.D. 1878. war in Her Majesty's dominions, whether such prisoner is confined as a prisoner of war in any prison or other place of confinement, or is suffered to be at large on his parole in Her Majesty's dominions or 5 in any part thereof, to escape from such prison or place of confinement, or from Her Majesty's dominions, if at large on his parole; or (b.) Who (owing allegiance to Her Majesty), after any such prisoner as aforesaid has quitted the coast of any part of Her Majesty's dominions in such his escape, knowingly and wilfully upon 10 the high seas aids or assists such prisoner in his escape towards any other dominions or place. SECTION 91. ESCAPE BY PRISONER. Everyone shall be guilty of an indictable offence, and shall upon 15 conviction thereof be liable to be imprisoned with hard labour for two years, who, being in lawful custody either under sentence for or upon a charge of any offence escapes therefrom. 20 25 SECTION 92. BREAKING OUT OF PRISON. Everyone who commits the offence defined in the last section by escaping from any prison shall be liable upon conviction thereof to seven years penal servitude. SECTION 93. AIDING ESCAPE FROM PRISON. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard labour, who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed anything whatever 30 into any prison. SECTION 94. RESCUE. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to seven years penal servitude, who 35 rescues any person from lawful custody, either when under sentence for, or when in custody upon, a charge of any offence for which he has been or might be or might have been sentenced to penal servitude: Provided that nothing in this section contained shall prevent |