The perjury must be also wilful, positive, and absolute; not upon surprise, or the like. It must also be upon some point material to the question in dispute; for if it be only in some trifling collateral circumstance to which no regard is paid, it is no more penal than in the voluntary extrajudicial oaths before mentioned.

Subornation of perjury, is the offence of procuring another to take such a false oath as constitutes perjury in the principal. 4 Bla. Com, 139.

The punishment at the common law is fine and imprison ment. But by act of assembly, if the offender be prosecuted thereon, it is more severe. For thereby it is enacted

"That if any person shall wilfully and corruptly commit perjury, on his or her oath or affirmation, in any suit, contro versy, matter, or cause depending in any of the courts of this state, or on any oath or affirination made, or in any deposition or affidavit taken pursuant to the laws of this state, every such person so offending, and being thereof convicted, shall be fined not exceeding the sum of 5004 and shall stand in the pillory for one hour, at the expiration of which time both the ears of the person so offending shall be cut off, and severed entirely from the head And the ears so cut off, shall be nailed to the pillory by the officer, and there remain until the sitting of y the sun. And the person so offending, shall be thereafter rendered incapable of giving testimony in any of the courts of this state, or in any case whatsoever, until such time as the judgment so given against the said offender shall be re

versed.

hat if any person shall by any means, procure another person to commit corrupt and wilful perjury, on his or her oath or affirmation, in any suit, controversy, matter, or cause depending in any of the courts of this state, or any oath or affirmation made, or in any affidavit or deposition taken pursuant to the laws of this state, the person so offending, and being thereof convicted, shall stand in the pillory one hour, have his or her right ear cut off, and shall be fined at the discretion of the court, in a sum not exceeding 500. And the person so offending shall be thereafter rendered incapable of giving tes. timony in any of the courts of this state, or in any case whatsoever until such time as the judgment so given against the said offender shall be reversed.

"That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath or

affirmation was taken, (averring such court, or person or person's to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity, other than aforesaid; and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed.

"That in every presentment or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceedings, either in law or equity; and without setting forth the commission or authority of the court or person or persons before whom the perjury was committed, or was agreed or promised to be committed.

"That when the judges or justices of any of the courts within this state shall be fully convinced that any person hath committed, or procured any person to commit wilful and corrupt perjury, either as a witness, or in any affidavit or deppsition to procure a certiorari, injunction, or other process, or in any case wherein such oath or affirmation has been made, or the affidavit or deposition has been taken in pursuance of the laws of this state, it shall be the duty of such justices, judge, or judges, to cause the person so offending to enter into recognizance for his appearance as in other criminal cases; and they shall direct the counsel acting for the state to take the necessary legal measures to support such prosecution, and the supreme executive officer of the state for the time being may be entered as a prosecutor. But the judge or judges who directed such prosecution, shall not sit on the trial thereof."

PERSONATING BAIL.

If any person shall acknowledge, or procure to be acknow ledged, any bail, in the name of any other not privy to the same, he shall be guilty of felony without benefit of clergy. But this extends only to proceedings in the courts.

If bail be put in, in feigned names, the parties may be indicted, and set in the pillory. Stra. 384.

And if the above offence should be committed out of court, before any officer empowered to take bail, it would be a high misdemeanor punishable upon indictment, by fine and impri

sonment.

PETTY LARCENY-See Larceny.

PHYSICIANS.

Every person practising as a physician or surgeon, shall de liver his account or bill of particulars to all and every patient, in plain English words, or as nearly so as the articles will admit. All and every one of which accounts shall be liable, whenever the patient, his or her executors or administrators shall require, to be taxed by the court and jury of the court of pleas and quarter sessions of the county where the party, complaining resides, calling to their aid and assistance such testimony as they may think proper.

See Jurors. Quarantine.
PICKPOCKET See Larceny.

PIRACY.

Piracy is a felonious offence against the United States. If any person shall commit upon the high seas or in any river, haven, bason, or Bay, out of the jurisdiction of any particular state, murder, or robbery, or any other offence, which, if committed in the body of a county, would by the laws of the United States be punishable with death; or if any captain or mariner of any vessel shall piratically and feloniously run away with such vessel, or any goods or merchandize to the value of fifty dollars, or yield up such vessel voluntarily to any pirate or if any seaman shall lay violent hands upon his commander, thereby to prevent his fighting in defence of his vessel, or goods committed to his trust, or shall make a revolt in the vessel; such person shall be deemed a pirate and a felon, and on conviction shall suffer death.

If any citizen shall commit any piracy or robbery aforesaid or any act of hostility against the United States or any citizen thereof, upon the high seas, under colour of any commission from any foreign prince or state, or under pretence of any authority from any person, such offender shall, notwithstanding"

f

the pretence of any such authority, be deemed a pirate, felon, and robber, and on conviction suffer death accordingly.

Accessories to piracy before the fact shall suffer as the principal, and accessories after, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

If any seaman or other person shall commit manslaughter. upon the high seas, or confederate, or attempt, or endeavour to corrupt any commander, master, officer, or mariner to yield up or to run away with a vessel, or with any goods, wares, or merchandize, or to turn pirate, or to go over to or confederate with pirates, or in any wise trade with any pirate, knowing him, to be such, or shall furnish such pirate with any ammunition, stores, or provisions of any kind, or shall fit out any vessel knowingly and with a design to trade with or supply or cor respond with any pirate or robber on the seas; or if any person shall any way consult, combine, confederate, or correspond with any such pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seamen shall confine the master of any vessel, or endeavour to make a revolt in such vessel; such person so offending, and being there of convicted, shall be imprisoned not exceeding $ 1,000.—Acts of Congress 1790.

POISON-See Homicide.

POLYGAMY.

Polygamy is the having a plurality of wives at once.

If any person now married, or who hereafter shall be marFied, doth take to him or herself another husband or wife, while his or her former wife or husband is still alive, every such offence shall be felony, and the person so offending shall suffer death as in cases of felony. But the act made in that case shall not extend to any person or persons whose husband or wife shall continually remain beyond sea for the space of seven years together, nor to any person or persons whose hus band or wife shall absent him or herself in any other manner for the space of seven years together, such person or persons not knowing his or her said husband or wife to be living within that time.

And the act shall not extend to any person or persons who áre, or shall be at the time of such after-marriage, divorced according to the mode established, or which shall be established by law, nor to any person or persons whose former marri

age is by law declared to be void and of no effect, nor to any person or persons for, or by reason of any former marriage had or made within the age of consent. Aets 1790, c. 11.

If any person now married, or who hereafter shall be married, doth take to him or herself another husband or wife, while his or her former wife.

such offender shall be a fel husband is still living, every

without benefit of clergy, and shall suffer death.-Acts 1809, c. 26.

POOR.

If the sheriff shall fail to summon each and every warden in his county to attend on the day of election of wardens, or to appoint and advertise a day of meeting according to law, he forfeits ten pounds (equal to four pounds) for the latter omis sion, and five pounds (equal to two pounds) for the former; recoverable with costs before any jurisdiction having cogniZance thereof.

The wardens of the poor, or a majority, at their first meeting, shall appoint two county wardens out of their body; and if the persons so elected refuse, they shall pay twenty pounds (equal to eight pounds); recoverable as aforesaid.

If any sheriff or constable shall fail to execute a summons from any three wardens of the poor, calling a meeting of the wardens, he shall pay forty shillings (equal to sixteen shillings) for every warden he fails to summon; recoverable as aforesaid. And every warden so summoned, and refusing or neglecting to attend, shall forfeit forty shillings (equal to sixteen shillings) unless he show sufficient cause to the succeeding meeting; recoverable as aforesaid.

Any tax gatherer neglecting or refusing to account for and pay the taxes wherewith he is chargeable, levied for the use of the poor, after deducting his commissions, the county court at or before the expiration of his office, on motion of the wardens may give judgment and award execution for all the wherewith he is chargeable, with costs. .

money

The aforesaid penalties to be one half to the informer, the other to the county wardens for the use of the poor.

The sheriff failing to advertise the election of wardens, at least ten days before the election, at the courthouse and other public places, forfeits twenty pounds (equal to eight pounds); recoverable by action of debt;-one half to the prosecutor, the other to the county wardens for the use of the poor.

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