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of taxes, or a private debt, and if for a private debt, in addition to his liability for the crime, he loses all benefit of the oath.

A quaker may incur the penalties of perjury, for making a corrupt affirmation. It is enacted, that if any quaker, in making affirmation as a witness in any cause, shall be convicted wilfully, falsely, and corruptly, to have testified, in any matter or thing, he or she, so offending, shall incur the same penalties and forfeitures, as by the laws of this commonwealth, are enacted against persons, convicted of wilful and corrupt perjury.

Stat. 1797, c. 35, s. 9.

A person is liable for perjury, who swears, or affirms, Ibid. s. 10. corruptly, in a deposition. It is enacted, that any person who shall wilfully, falsely, and corruptly swear or affirm, in giving or making any deposition or affidavit, provided by the act of Feb. 3, 1798, shall incur the same penalties, as if the testimony had been taken in open court, and wilful perjury committed, in giving the same.

A trustee, who, upon his examination, knowingly, and wilfully, makes a false answer, is guilty of perjury: In which case, he is not only liable, criminaliter; but, by statute, he is subjected to pay to the plaintiff in the action, his executors or administrators, the full amount of the judgment, recovered against the principal, in case the same be unsatisfied; otherwise, such part as may remain unsatisfied; together with legal interest, and double costs of suit; to be recovered, in a special action on the case. 2. The oath must be taken by a person sworn to depose the truth. A false verdict therefore, comes not under the legal notion of perjury; because the jurors do not swear to depose the truth, but only to judge truly of the depositions of others.

3. The oath must be taken before persons lawfully authorized to administer it: for if it be taken before persons acting merely in a private capacity; or before persons pretending to a legal authority of administring such oath, but having in truth no such authority; it is not punishable as perjury.

Stat. 1794, c. 65, s. 9.

3 Ba. Ab. 815.

Ibid,

Ibid. 814.

Ibid. 815,

Ibid.

Ibi

Ibid,

Ibid.

Ibid.

Ibid

4. The perjury must also be corrupt and wilful. It must therefore be with some degree of deliberation, and not merely owing to surprise, or inadvertency, or a mistake of the true state of the question.

5. It must also be positive and absolute; and therefore if a man swears only as he thinks, remembers, or believes, he cannot be guilty of perjury (1)

6. The swearing must likewise be false; but this falsity applies rather to the intention of the witness, than to the fact, to which he testifies. It is not therefore material whether the matter, sworn to, be in itself, true or false, where the person who swears it, in truth knows nothing of it.

7. Neither is it material whether the false oath were credited or not, or whether the party in whose prejudice it was taken, were, in the event, damaged by it; for the prosecution is not grounded on the damage to the party, but on the abuse of public justice.

8. Lastly, the false oath must be in a matter material to the issue, or point in question: for if it be wholly foreign from the purpose, or altogether immaterial; and be not calculated to induce the jury to give a more easy credit to the substantial part of the testimony; it cannot amount to perjury.

As where a witness introduces his evidence, with an impertinent preamble of a story, concerning previous facts, no way relating to what is material; and is guilty of a falsity as to such facts; this is not perjury.

But a witness may be guilty of perjury, in respect to a false oath, concerning a mere circumtance, if such oath have a manifest tendency to corroborate the more material part of the evidence.

As if in trespass, for spoiling the plaintiff's close, with the defendant's sheep, a witness swears, that he saw such

(1) A man may be indicted for perjury, in swearing that he be lieves a fact to be true, which he knows to be false. Per Lord Mansfield, in Pedley's case, 1 Lach's C. L. 365.

a number of the defendant's sheep in the close; and, being asked how he knew them to be the defendant's, swears, that he knew them by such a mark, which he knew to be the defendant's; when, in fact, the defendant never used any such mark; this is perjury.

Having thus delineated this offence, I shall now consider the punishment.

and 2.

Perjury, and subornation of perjury, are, by our law, Stat. 1784, c. 51, s punished with the same degree of severity. This punishment consists of a fine, not exceeding three hundred pounds; setting in the pillory, not more than two hours, nor less than one hour at a time, and at divers times and places; or, whipping, not exceeding thirty-nine stripes, at one or more times, and places, not exceeding three times, or three places; all, or part of these punishments, according to the aggravation of the perjury, as affecting life, liberty, reputation, or property.

This crime is exclusively cognizable by the supreme Ibid. judicial court. Upon conviction therein, the offender shall not be received as a witness in any court of record, until the judgment against him be reversed.

To convict a person of perjury, two witnesses, at least, are necessary; for otherwise, there would be only one oath against another.

Our statute has provided against an endeavour to incite to perjury, where no perjury has, in fact, been committed, by enacting, that if any person shall wilfully, and corru ptly, endeavour to incite, or procure, another person, to commit wilful and corrupt perjury, and the person, so incicted, do not commit such perjury, the person, so corruptly endeavouring to incite, and procure, the committing of perjury, shall be punished by fine, not exceeding one hundred pounds, or imprisonment, not exceeding two years, or both, according to the aggravation of the offence, and binding to the good behaviour, at the discretion of the court, before whom the offence is tried.

4 Bl. Com. 359.

Stat. 1784, c. 51, s. S.

TITLE CXV.

Y

PEWS.

By statute 1795, c. 53, s. 1.it is enacted, that all pews and rights in houses of public worship, shall be thereafter considered and deemed in law, to be real estate; but nothing in the act shall be construed, to affect in any manner the titles to any such pews, and rights theretofore considered or acquired, as of personal estate.

By s. 2. of the same statute, all deeds and conveyances of, and executions extended on such pews and rights, may be recorded by the clerk of the town, district or plantation, wherein the same are situated; and being so recorded, shall have the same effect in law, as if the same had been recorded in the registry of deeds; and such clerk shall be intitled to the same fees, as are or may be allowed to registers of deeds for similar services.

By an additional act, 1798, c. 42. it is provided, that all pews and rights in houses of public worship in the town of Boston, shall be considered and deemed in law to be personal estate; any thing in the act, to which this is in addition, notwithstanding

APPENDIX.

No. I.

No. I.

An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during

the times therein mentioned.

them to have the sole

SECT. 1. BE it enacted by the senate and house of representatives of Authors of maps, the United States of America in congress assembled, That from and charts and books; after the passing of this act, the author and authors of any map, chart, book or books already printed within these United States, being a citizen or citizens thereof, or resident within the same, his or their executors, administrators or assigns, who hath or have not transferred to any other person the copy-right of such map, chart, book or books, share or shares thereof; and any other person or persons, being a citizen or citizens of these United States, or residents therein, his or their executors, administrators or assigns, who hath or have and purchasers from purchased or legally acquired the copy-right of any such map, chart, right of publication, book or books, in order to print, reprint, publish or vend the same, etc. for fourteen shall have the sole right and liberty of printing, reprinting, publish- years ; ing and vending such map, chart, book or books, for the term of fourteen years from the recording the title thereof in the clerk's office, as is herein after directed: And that the author and authors of etc. any map, chart, book or books already made and composed, and not printed or published, or that shall hereafter be made and composed, being a citizen or citizens of these United States, or resident therein, and his or their executors, administrators or assigns, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the like term of fourteen years from the time of recording the title thereof in the clerk's office as aforesaid. And if, at the expiration of the said term, the author or authors, or any of them, be living, and a citizen or citizens of Also, if living at the these United States, or resident therein, the same exclusive right shall have the further term be continued to him or them, his or their executors, administrators or of fourteen years; assigns, for the further term of fourteen years: Provided, he or they

recording the title,

end of that term, to

etc.

shall cause the title thereof to be a second time recorded and pub- recording the title, lished in the same manner as is herein after directed, and that within six months before the expiration of the first term of fourteen years aforesaid.

sent of the author how

SECT. 2. And be it further enacted, That if any other person or persons, from and after the recording the title of any map, chart, Other persons printbook or books, and publishing the same as aforesaid, and within the ing, etc. without contimes limited and granted by this act, shall print, reprint, publish, or to be proceeded import, or cause to be printed, reprinted, published, or imported against and punished. from any foreign kingdom or state, any copy or copies of sucli map, chart, book or books, without the consent of the author or proprietor

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