considerations, such as the great necessity for the protection of witnesses, also have weight (i).

Perjury is a misdemeanor. At one time it was Punishment. punished with death; afterwards with fine and imprisonment. Now the punishment is again more severe, namely, penal servitude to the extent of seven years, or imprisonment to the same extent (k).

SUBORNATION OF PERJURY.

The procuring another to take such a false oath as Subornation. constitutes perjury in the principal (7). The offence does not amount to subornation if that other does not actually take the false oath; but it is nevertheless punishable.

The punishment for subornation is the same as for perjury itself and the same course has to be taken under the Vexatious Indictments Act (m).

VOLUNTARY OATHS.

It will be remembered that in a former chapter (n) it Administering was shewn that administering or taking certain oaths or taking voluntary was illegal and an offence against Government. This oaths. section deals with quite another matter. The evil to be guarded against in this case is the misuse of a valuable engine of the law, and the consequent weakening of its effect when resorted to on proper occasions.

It is unlawful for a justice of the peace or other

() v. Best, Ev. 754. This rule seems to be a second instance (v. p. 24) of the law's interference with the province of the jury. It should always be a part of their duty to estimate the credibility of witnesses.

(k) 2 Geo. 2, c. 25, s. 2. In cases where another's life is wilfully "sworn away" by a perjurer, it is hard to see why the latter should not be regarded as guilty of murder. The punishment for the crime is by no means excessive.

(1) 4 Bl. 138.

(m) For a list of statutes applicable to perjury, &c., v. Arch. 887. (n) v. p. 57.

person to administer or receive, or cause or allow to be administered or received, any oath, affidavit or solemn affirmation touching any matter whereof he has not jurisdiction or cognizance by some statute in force (0). The offence is a misdemeanor, 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).

Statutes punishing false declarations.

FALSE DECLARATIONS.

A great number of statutes declare punishable false declarations with regard to the subjects with which such statutes deal. We will merely mention a few of

the chief (q):

Parliamentary elections: 6 Vict. c. 18, s. 81; 35 & 36 Vict. c. 33.

Municipal elections: 5 & 6 Wm. 4, c. 76, s. 34; 35 & 36 Vict. c. 33.

Under the Bankruptcy Act, 1869: 32 & 33 Vict. c. 62, s. 14.

In matters relating to the customs, excise, &c. : 16 & 17 Vict. c. 107, s. 198; 18 & 19 Vict. c. 96, s. 38.

Before Registrars as to Births, Marriages, or Deaths: 6 & 7 Wm. 4, c. 86, s. 41; 37 & 38 Vict. c. 88, ss. 40, 46.

Before Magistrates: 5 & 6 Wm. 4, c. 62, s. 18.

BRIBERY.

The corrupt treatment of one intrusted with a public charge, to influence him in the discharge of his duty in that character.

(0) 5 & 6 Wm. 4, c. 62, s. 13.

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

(4) A full list will be found in Arch. 887, and with more detailed treatment in Rosc. 475.

term.

The offence, which may be thus generally defined, Bribery a wide comprises acts differing considerably from each other. They may be divided into two classes:

1. Where some person concerned in the administration of public justice (r) 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 (s).

influence con

1. The offence of offering to, or receiving by, an officer, Bribery to judicial or ministerial (t), an undue reward to influence duct of one his behaviour in his office, is a misdemeanor punishable in office. 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, for example, constables, as if one bribe a constable to refrain from executing a warrant. A particular species of bribery, viz., corruptly influencing jurymen, will be treated of hereafter under the title embracery (u).

2. For the sake of convenience we may distinguish Bribery to protwo varieties of this offence :cure place, &c.

i. When the place or appointment is in the gift
of some public officer.

ii. When it is determined by public election.

i. This offence may also be regarded as following

v. infra, as to ministerial officers.

(s) v. 1 Hawk. c. 67, ss. 1-3.

(t) The text books, in general, confine the offence of bribery to a bribery of judicial officers; but this definition of the offence seems too narrow. Arch. 891.

(u) v. p. 91.

Consequences

of trafficking in public offices.

Bribery at

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 misdemeanor. Even the attempt to procure an appointment by offering a sum of money to a cabinet minister was punished as a misdemeanor (x).

By particular statutes it has also been provided that persons selling public offices shall lose all right to the appointment, and the buyers shall not only be rejected, but also be disabled from ever holding such office.(y). Those buying or selling, or receiving or paying money or rewards for offences, are guilty of a misdemeanor (z). 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 (a). Certain other offences in connection with the traffic in offices (b) are dealt with; and certain exceptions are made, for example, the sale of commissions in the army (c).

ii. Bribery at elections.

As to parliamentary elections.-The law on this subparliamentary ject is contained chiefly in the Corrupt Practices Prevention Act, 1854 (d), amended by later statutes.

elections.

On the part of The offences declared to be bribery on the part of the the candidate. candidate or his agents are the following:

(a.) To, directly or indirectly, by himself, or by any

R. v. Vaughan, 4 Burr. 2494.

(y) 5 & 6 Edw. 6, c. 16, s. 2; 49 Geo. 3, c. 126, s. 1.

(z) 49 Geo. 3, c. 126, s. 3.

(a) Ibid. s. 4.

(b) As to what offices are within the statute, v. 1 Russ. 311; 3 Chitty,

St. 465.

(c) It is almost needless to remind the reader that the force of this exception was taken away by the Royal Warrant of July, 1871, abolishing purchase. v. 34 & 35 Vict. c. 86.

(d) 17 & 18 Vict. c. 102, amended by 21 & 22 Vict. c. 87; 26 Vict. c. 29; 30 & 31 Vict. c. 102, s. 49; 31 & 32 Vict. c. 125, ss. 43-47.

other person on his behalf, give, lend, or agree to give or lend; or offer, promise, or promise to procure, or to endeavour to procure, any money, or valuable consideration (e), to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote, or refrain from voting, or to corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election.

(b.) To give, &c., any office, place, or employment, under the same circumstances.

(c.) To do any of the things mentioned above, in order to induce the person benefited to procure, or endeavour to procure, the return of any person, or any vote.

(d.) The act of the person so procuring, &c.

(e.) To pay, &c., money, with the intent that it shall be expended in bribery; or knowingly to pay it in discharge of what has been so expended.

The offender is guilty of a misdemeanor, and is punishable by fine and imprisonment. He is also liable to forfeit £100 to any one who shall sue for the same (ƒ).

The following are offences on the part of the voter, On the part of and are punishable in the same way, except that the the voter. sum to be forfeited is only £10:

(a.) Before or during the election, directly or indirectly, to receive, agree, or contract for any of the above-mentioned benefits, for voting or refraining from voting.

(b.) After an election to receive any money or valuable consideration on account of having voted or refrained

(e) Including paying the voter's rates, &c., 30 & 31 Vict. c. 102, s. 49. (f) 17 & 18 Vict. c. 102, s. 2.