for such a prosecution, and he may commit him for trial at the assizes (y).

A Court of quarter sessions has no jurisdiction to try an indictment for perjury or subornation of perjury or for any offence against the Perjury Act, 1911 (2).

A person cannot be convicted of perjury or of any offence against the last-mentioned Act, or of subornation of perjury, solely upon the evidence of one witness as to the falsity of any statement which he is accused of having made (a). Two witnesses must contradict what the accused has sworn; or, at least, one must so contradict, and other evidence must materially corroborate that contradiction (b). But this rule does not apply when the perjury consists in the defendant having contradicted what he swore on a former occasion; in this case the testimony of a single witness in support of the defendant's own original statement will suffice (c).

False oaths which are not taken in the course of a judicial proceeding are not, properly speaking, perjury, but with regard to such oaths the Perjury Act, 1911, provides that if any person, being required or authorised by law to make any statement on oath for any purpose, and being lawfully sworn, wilfully makes a statement which is material for that purpose and which he knows to be false, or does not believe to be true, he is guilty of a misdemeanour and is punishable in the same way as if he had committed perjury (d). Certain cases are specifically provided for by the Act, namely:

Using a false affidavit for the purposes of the Bills of
Sale Acts (e).

False oaths or declarations or statements with reference
to marriages (f), or as to births or deaths (g).

(y) 1 & 2 Geo. V. c. 6, s. 9.

(z) Ibid. s. 10.

(a) Ibid. s. 13.

(b) v. R. v. Boulter, [1852] 21 L. J. M. C. 57; 5 Cox, 543; R. v. Braithwaite, [1859] 1 F. & F. 638; R. v. Threlfall, 111 L. T. 168; 24 Cox, 230.

(c) R. v. Hook, [1858] D. & B. 606; 27 L. J. M. C. 222.

(d) 1 & 2 Geo. V. c. 6, s. 2.

(e) Ibid.

(f) 1 & 2 Geo. V. c. 6. s. 3. (g) Ibid. s. 4.

A person who knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular in (i) a statutory declaration, or (ii) in an abstract, account, balancesheet, book, certificate, declaration, report, &c., which he is authorised or required to make or verify by Act of Parliament, or (iii) in any oral declaration or answer which he is required. to make by Act of Parliament, is guilty of a misdemeanour and liable to imprisonment for two years or a fine, or to both (h).

A person who attempts to procure himself to be registered under any Act of Parliament as a person qualified by law to practise any vocation or calling, or to procure a certificate of the registration of any person, by wilfully making either verbally or in writing any declaration, certificate, or representation which he knows to be false, is also guilty of a misdemeanour punishable by imprisonment for one year or a fine, or by both (i).

There are certain other statutes (k) which render punishable certain other false declarations with regard to the subjects with which such statutes deal.

Among such subjects are:

Parliamentary and Municipal elections: 35 & 36 Vict. c. 33. In Bankruptcy matters: v. p. 98.

In matters relating to the customs, &c. : 39 & 40 Vict. c. 36, s. 168.

A County Court bailiff indorsing a false memorandum of service of process: 51 & 52 Vict. c. 43, s. 78.

False statements in reports or certificates for the purpose of the audit or investigation of trust accounts by a duly appointed auditor or by the public trustee: 6 Edw. VII. c. 55, s. 13 (8) (1).

(h) Ibid. s. 5.

(i) Ibid. s. 6.

(k) Others have been repealed by the Perjury Act, 1911.

(1) This offence is punishable upon conviction on indictment by imprisonment for two years and a fine, or on summary conviction by imprisonment for six months and a fine.

SUBORNATION OF PERJURY.

The procuring another to take such a false oath as would constitute perjury in the principal (m). The punishment for subornation is the same as for perjury itself; and the same course has to be taken under the Vexatious Indictments Act. Inciting or attempting to suborn another person to commit perjury is a misdemeanour punishable by fine and imprisonment (n).

VOLUNTARY OATHS.

It is unlawful for a justice of the peace or other person to administer or receive, or cause or allow to be administered or received, any oath, affidavit, or solemn affirmation touching any matter wherof he has not jurisdiction or cognisance by some statute in force (o). The offence is a misdemeanour, punishable by fine or imprisonment, or both. The administering, &c., is punishable, although the person did not act wilfully in contravention of the statute, but only inadvertently (p).

BRIBERY.

The offence of bribery comprises acts differing considerably from each other. They may be divided into three classes:

(1) Where some public official is approached by one bringing him a reward, in order to influence his conduct in his office.

(2) Where some person having it in his power to procure or aid in procuring for another a public place or appointment, is so approached (q).

(3) Where a reward is corruptly paid to an agent of another person to induce such officer or agent to do some act in breach of his duty.

(m) Archbold, 1134.

(n) 1 & 2 Geo. V. c. 6, s. 7.

(0) 5 & 6 Wm. IV. c. 62, s. 13.

(p) R. v. Nott, [1843] 12 L. J. M. C. 143.

(q) v. 1 Hawk. c. 67, ss. 1—3.

(1) The offence of offering to, or receiving by, a public officer, judicial or ministerial, an undue reward to influence his behaviour in his office, is a misdemeanour at common law punishable by fine and imprisonment. Both the giver and the taker are guilty. And though the reward be refused, the offerer is equally punishable for the attempt. The offence is not restricted to the case of influencing the higher officers, such as Judges or members of the Government, but extends to those in a subordinate position. Thus, for example, the colonel of a regiment is a public and ministerial officer, and it is a misdemeanour for him to receive, or for any one to pay him, a bribe to show favour in respect of catering contracts for his regiment (r). So also a constable is a public official (s).

The bribery of Customs officers and Excise officers is punishable by special statutes (t), but is not indictable. A particular species of bribery, viz., corruptly influencing jurymen, will be treated of hereafter under the title of Embracery (u).

By the Public Bodies Corrupt Practices Act, 1889 (w), every person who corruptly solicits or receives any gift or reward for himself or on account of any member, officer, or servant of a public body (including a County or Town Council, Vestry, and certain other bodies defined by the Act) to induce him to do or forbear from doing anything in respect of any transaction in which the public body is concerned, and also any person offering or paying any gift or reward for such a purpose is guilty of a misdemeanour. The punishment is imprisonment for two years, or a fine of £500, or both, and an offender who has received a bribe may be ordered to pay it over to the public body. He may also be adjudged to forfeit any public office held by him at the date of his conviction and to be incapable of holding a public office for seven years.

(r) R. v. Whitaker, [1914] 3 K. B. 1283; 84 L. J. K. B. 225; 10 Cr. App. R. 245.

(s) R. v. Lehwers, 140 Cent. Crim. Ct. Sess. Pap. 131.

(t) 39 & 40 Vict. c. 36, s. 217; 53 & 54 Vict. 21, s. 10.

(u) v. p. 75.

(w) 52 & 53 Vict. c. 69.

Upon a second conviction for a like offence he may be subjected to further disabilities. The consent of the AttorneyGeneral is required before a prosecution can be commenced under the Act.

(2) For the sake of convenience we may distinguish two varieties of the offence of bribery to secure a place or appointment:

(a) When the place or appointment is in the gift of some public officer.

(b) When it is determined by public election.

(a) This offence may also be regarded as falling under the first class (1), inasmuch as the presentation to the place by the public officer is one of the duties of his office. The offence is a misdemeanour at common law. Thus the attempt to procure an appointment by offering a sum of money to a Cabinet Minister was punished as a misdemeanour (x).

By particular statutes it has also been provided that persons buying or selling, or receiving or paying money or rewards for offices, are guilty of a misdemeanour punishable by fine and imprisonment, forfeiture of the office and disqualification from ever holding it (y). So also are persons who do not thus directly buy or sell, but who pay money for soliciting or obtaining offices, or any negotiations or pretended negotiations relating thereto (z).

(b) Bribery at elections.

Bribery or attempted bribery at elections, whether parliamentary, municipal, parochial, or for any other public office or appointment, and the treating of voters in connection therewith, have always been offences at common law (a), which, it has been said, abhorred any tendency to corruption. But in most cases the offence is also punishable under particular statutes.

(x) R. v. Vaughan, [1769] 4 Burr. 2494.

(y) 5 & 6 Edw. VI. c. 16, s. 1; 49 Geo. III. c. 126, ss. 1, 3.

(z) Ibid, s. 4.

(a) R. v. Pitt and Mead, [1762] 3 Burr. 1335; Hughes v. Marshall, [1831] 2 Tyr. 134; R. v. Lancaster, [1890] 16 Cox C. C. 737.