c. 69, § 5 per Lawrence, J. 6, T. R. 637; R. v. Edwards, 2 Russ. 518. note (e). All false oaths taken before those who are in any ways intrusted with the administration of justice, in relation to any matter legally pending before them, are properly perjuries. Therefore all persons are indictable who wilfully forswear themselves in any judicial proceeding, depend ing before a court of law or equity or any other court, whether the proceedings therein be recorded or not; where an affidavit is falsely made of any matters material in a cause, the party making it is indictable for perjury, although the affidavit is never used to found any subsequent proceeding upon.—R. v. White, 1 M. 271; R. v. Hailey Ry. & M. 94; 1 C. & P. 258; and so in a false oath before a justice of the peace, in any proceeding within the jurisdiction of the justice, in which he is authorised by law to administer an oath.-1 Haw. c. 69, § 3, or before a commissioner of the court of K. B., duly authorised; but in all private transactions between man and man, no oath whatsoever, however false it may be, is punishable as perjury in a criminal prosecution; such as, a false oath taken by one upon making a bargain, that the thing sold is his own. Neither is the breach of a promissory oath within the legal definition of perjury. Therefore, no public officer who neglects to perform the duties of his office, which he has previously sworn faithfully to discharge (however punishable he may be for a misdemeanor, and aggravated as his offence may be by the violation of his oath) is indictable for perjury.—2 Haw. c. 69, § 3. Neither can a juror, who gives a verdict contrary to evidence, be prosecuted for perjury.-1 Haw. c. 69, § 5. The oath must be taken before some court or person legally autho rised to administer an oath; for no other whatsoever, which is taken before persons not legally authorised, or competent to administer an oath, can amount to perjury in the eye of the law.-1 Haw. c. 69, § 4. The thing sworn must be material to the point in question; for if it be wholly foreign from the purpose, or altogether immaterial, not tending to aggravate or extenuate the damages, nor likely to induce the jury to give a readier credit to the substantial part of the evidence, it cannot then amount to perjury; because it is, in such case, merely idle and insignificant; as if, upon a trial, in which the question was, whether A. was compos or not, a witness unnecessarily and impertinently describes a journey which he took to see the party, and happens to swear falsely in relation to some of the circumstances of the journey.-1 Haw. c. 69, § 8. But if the false oath has any tendency to prove or disprove the matter in issue, however circumstantially; as, if the party wilfully mistakes the colour of a man's coat, or speaks falsely to the credit of another witness, it will in like manner amount to perjury-Rex v. Griebe, 12 Mod. 142; R. v. Muscot, 10 Mod. 195. With respect to subornation of perjury, if the person incited to take a false oath do not actually take it, the person by whom he was so incited is not guilty of subornation of perjury; but he is, nevertheless, liable to be punished as for a gross misdemeanor, in attempting to pervert the course of justice.-1 Haw. c. 69, § 10. 2. Of the offence by Statute. By 5 Eliz. c. 9 (made perpetual by 29 Eliz. c. 5, § 2, and 21 Jac. 1, c. 28, § 8), it is enacted by § 3, that every person who shall unlawfully and corruptly procure any witness to commit any wilful and corrupt perjury, in any matter or cause depending in suit and variance, shall forfeit £40; or (by § 4) if he has not goods to that amount, shall suffer imprisonment for half a year, and stand upon the pillory for one hour, in some market town next adjoining to the place where the offence was committed. By § 5, no person so convicted can afterwards be received as a witness in any court of record, until the judgment be reversed. By § 6, any person either by subornation, unlawful procurement, sinister persuasion, or by means of any others, or by his own act, consent or agreement, committing wilful and corrupt perjury, shall, upon conviction, forfeit £20, and be imprisoned six months, and his oath not afterwards received in any court, until judgment be reversed; or if the offender has not goods, shall be set in the pillory, and have both his ears nailed, and be discredited and disabled forever to be sworn in any court of record, until judgment shall be reversed. By § 9, judges of any court where the perjury is committed, and the justices of assize and gaol delivery, and the justices of the peace, at their quarter sessions, may enquire of, hear and determine all offences against the act. And by § 13, the act is not to restrain the authority of any other judge having absolute power to punish perjury before the making of the statute, so that he set not upon the offender less punishment than is contained in the.act. the The above statute of Elizabeth did not alter the nature of the offence at common law, but merely enlarged the punishment. It is, however, seldom resorted to in the present day, on account of the difficulty of convicting under it; for, in the first place it has been held not to apply to any case unless it can be shewn that there is a party grieved by the perjury, and that the perjury also was committed in a matter relating to the proof of what was in issue.-Salk. 270. Nor can a witness who gives false evidence for the crown be indicted under it; for which a rea son is given in the report that does not appear to be a very sound one-namely, because an indictment being the suit of the king, he cannot punish his own witness, who swears for him.Price's case, Cro. Jac. 120. The statute also extends to no other perjury than that of a witness; therefore, perjury committed in an answer to a bill in chancery, or in swearing the peace against another, cannot be prosecuted under the statute.-1 Haw, c. 69, § 20. A false affidavit has been also held to be not within the statute. 1 Roll. 79; 2 Roll. ab. 77; 3 Keb. 345; 3 Salk. 269. But this appears to be too general a proposition; for if the affidavit be of such a nature that either of the parties in variance be grieved, hindered or molested in respect of their cause, by reason of the perjury, the offence then seems to be within the meaning as well as within the letter of the statute.-1 Haw. c. 69, § 21. 3. Of other Statutes relating to the offence. By the 23 G. II. c. 11, which professes to be passed for the laudable purpose of facilitating prosecution for perjury, it is enacted by 3, that any judge of assize or nisi prius, or general gaol delivery, while the court is sitting, or within 24 hours afterwards, may direct any person (examined as a witness upon any trial before him) to be prosecuted for the said offence of perjury, in case there should appear to him reasonable cause for so doing, and to assign the prosecutor counsel, without fee or reward; and such prosecution shall not be subjected to any fee of court, &c. By 7 & 8 W. III, c. 34; 8 G. I. c. 46; and 22 G. II. c. 6, the false affirmation or declaration of any of the people called Quakers, is declared to incur the penalties of perjury; and so by several provincial statutes.-*49 G. III. c. 6; 10 G. IV. c. 1, &c. By 12 G. I. c. 29, § 4, if any person convicted of perjury, forgery, or common barratry, shall practise as an attorney, solicitor or agent, the judges of the court shall examine the matter in a summary way, in open court, and may sentence the offender to be transported for seven years. 4. Of the Indictment. An indictment for perjury at common law, cannot be preferred at the Quarter Sessions; for, by the common law, the sessions have no jurisdiction of perjury; though it seems they have ju risdiction over it under the 5 Elizabeth, c. 9.-2 Haw. c. 8 § 38. But as prosecutions under the statute are much more difficult than those at common law, and are seldom adopted, even in the courts above, they are of course still less in use at the sessions. Besides the proceeding by indictment, the court before which any glaring offence of perjury is committed, has also the power to punish the offender in a summary way, as for a contempt. 5. Of the Punishment. Perjury is punishable at common law with fine, imprisonmentand pillory (a), at the discretion of the court; and by statute 2 G. II. c. 25, § 2 (made perpetual by 9 G. II. c. 18), the judge may order the party to be transported, or to be imprisoned and kept to hard labour in the house of correction, for a term not exceeding seven years. The false affirmation of a Quaker is punishable in the same manner.-22 G. II. c. 46, § 36; and of other sectarians, such as Menonists, Tunkers, &c. by the *49 G. III. c. 6; 10 G. IV. c. 1. Subornation of perjury is punishable by £40 fine, six months' imprisonment, and the pillory.-5 Eliz. c. 9. PHYSIC AND SURGERY. *By S G. IV. c. 3, it is enacted, that the practice of physic, surgery or midwifery, for hire, gain or hope of reward, by any person not duly licensed, or not being actually employed as a physician or surgeon in his Majesty's naval or military service, shall be a misdemeanor; and that upon the trial of any person charged with such misdemeanor, the proof of license, or the right to practise, shall lie upon the defendant. But no prosecution shall be commenced after one year from the offence committed; and no person convicted shall be imprisoned for more than six months, or fined above £25. Indictment for practising without being duly qualified. County of to wit. } The jurors for our lady the Queen, upon their oath present, that A. A. late of the township of in the county of· -, gentleman, being a person of a wicked mind and disposition, unlawfully, wickedly, and injuriously minding and intending to impose upon and deceive divers liege subjects of our lady the Queen, under the false colour and pretence that he the said A. A. was well skilled in the art, calling, profession and practice of physic, surgery and midwifery, and that he was of sufficient knowledge and ability to undertake and practise the said profession or calling, and to execute and perform the duties of such art, profession and calling; and also unlawfully, wickedly and injuriously, going about, and causing and procuring himself, the said A. A., to be engaged, retained and employed, by divers liege subjects of our said lady the Queen, in attempting to heal them of divers maladies, sores and diseases, wherewith the said liege subjects were affected, and in the delivery of pregnant women, for large sums of money to be paid to him the said A. A. for such his pretended skill in the said art, practice, profession or calling of a physician, surgeon and midwife, (a) Pillory abolished by 4 & 5 V.c. 24, § 31. on the first day of May in the year of the reign of our sovereign lady Victoria, by the grace of God, of the united kingdom of Great Britain and Ireland, Queen, defender of the faith, with force and arms, at the township of aforesaid, in the county aforesaid, unlawfully, wickedly and injuriously, did set up and practise the said art, profession and calling of a physician, surgeon and midwife, and from thence hitherto hath practised physic, surgery and midwifery, at the township aforesaid, in the county aforesaid, for gain, hire, and hope of reward, he the said A. A. then and there not being a member of the medical board of that part of this province formerly the province of Upper Canada, and not being licensed by any governor, heutenant-governor, or person adminis tering the government therein, to practise physic, surgery or midwifery, in the same, and not being actually employed as a physician or surgeon in her Majesty's naval or military service, contrary to the form of the statute in such case made and provided, to the evil example of all others in the like case offending, and against the peace of our said lady the Queen, her -crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. A. afterwards, to wit, on the first day of July, in the year of the reign aforesaid, with force and arms, at the township aforesaid, in the county aforesaid, unlawfully, wickedly and injuriously, did set up and practise the art, profession and calling, of a physician and surgeon, and from the said first day of July, in the year aforesaid, to the first day of March, in the year of the reign aforesaid, did practise physic and surgery, for hire, gain and hope of reward, he the said A. A. then and there not being a member of such medical board as aforesaid, and not being licensed to practise physic or surgery in that part of this province formerly Upper Canada aforesaid, and not being actually employed as a physician or surgeon in her Majesty's military or naval service, contrary to the form of the statute in such case made and provided, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lady the Queen, her erown and dignity. PILLORY. By the 4 & 5 Vic. c. 24, § 31, the punishment of the pillory is abolished. PIRACY. What acts amount to Piracy. Where the subjects of the same state commit robbery upon each other upon the high seas, such acts of violence and depredation amount to piracy. And the same, if the subjects of different states, connected by ties of amity and friendship, commit robbery upon one another.-4 Inst. 154. But where states are at open war with each other, the plundering of an enemy is then not an act of piracy, but a mere act of hostility and .lawful capture. So, if persons making a capture at sea do so by authority of any foreign prince or state, this also cannot be considered piracy. Thus, even a capture by authority of the ma |