dered unnecessary to be set forth or averred in the case of wilful and corrupt perjury.-14-15 Vict., ch. 100, s. 21, Imp. Subornation of perjury is a misdemeanor, as perjury itself, and subject to the same punishment.-See remarks under sect. 1, ante. Sect. 7, ante, declaring all evidence whatever material with respect to perjury, also applies to subornation of perjury. Sect. 11, ante, as to certificate of indictment and trial, applies also to subornation of perjury. Sect. 8, ante, allowing perjury to be tried, where the offender is apprehended or is in custody does not appear to apply to subornation of perjury. Subornation of perjury, by the common law, seems to be an offence in procuring a man to take a false oath, amounting to perjury, who actually taketh such oath.— 1 Hawkins, 435. But it seemeth clear that if the person incited to take such an oath do not actually take it, the person by whom he was so incited is not guilty of subornation of perjury, yet it is certain that he is liable to be punished, not only by fine, but also by infamous corporal punishment.-1 Hawkins, loc. cit. An attempt to suborn a person to commit perjury upon a reference to the judges, was unanimously holden by them to be a misdemeanor.-1 Russell, 85. And, upon an indictment for subornation of perjury if it appears, at the trial, that perjury was not actually committed, but that the defendant was guilty of the attempt to suborn a person to commit the offence, such defendant may be found guilty of the attempt.-32-33 Vict., ch. 29, sect. 49, (Procedure Act, 1869.) In support of an indictment for subornation, the re cord of the witness's conviction for perjury is no evidence against the suborners, but the offence of the perjured witness must be again regularly proved.-Although several persons cannot be joined in an indictment for perjury, yet for subornation of perjury, they may.— 3 Burn's Justice, 1246. Indictment, same as indictment for perjury to the end, and then proceed :-And the Jurors aforesaid upon their oath aforesaid further present, that before the committing of the said offence, by the said A. B., to wit, on the...... day of . . . . . . at . . . . C. D. unlawfully, wilfully and corruptly did cause and procure the said A. B. to do and commit the said offence in the manner and form aforesaid.-Schedule A, of the Procedure Act of 1869. No indictment can be preferred for subornation of perjury unless one or other of the preliminary steps required by 32-33 Vict., ch. 29, sect. 28 (Procedure Act, 1869) has been taken. As perjury, see ante, subornation of perjury is not triable at Quarter Sessions. AN ACT FOR THE SUPPRESSION OF EXTRA JUDICIAL 37 VICT. CH., 37, (1874.) Whereas a practice has prevailed of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial enquiry nor in any wise required or authorized by any law; and whereas doubts have arisen whether or not such proceeding is illegal; for the suppression of such practice and removing such doubts, Her Majesty, by and with the advice, and consent of the Senate and House of Commons of Canada, enacts as follows: Sect. 1.-It shall not be lawful for any Justice of the Peace or other person to administer, or cause or allow to be adininistered, or to receive, or cause or allow to be received, any oath, affidavit or solemn affirmation, touching any matter or thing whereof such Justice or other person hath not jurisdiction or cognizance by some law in force at the time being, or authorized, or required by any such law; provided always that nothing herein contained shall be construed to extend to any oath, affidavit or solemn affirmation before any Justice in any matter or thing touching the preservation of the peace, or the prosecution, trial or punishment of any offence, nor to any oath, affidavit or affirmation which may be required or authorized by any law of the Dominion of Canada, or by any law of the Province wherein such oath, affidavit or affirmation is received or administered or is to be used, nor to any oath, affidavit or affirmation which may be required by the laws of any foreign country to give validity to instruments in writing designed to be used in such foreign countries respectively : And provided further, that it shall be lawful for any Judge, Justice of the Peace, Public Notary or other functionary authorized by law to administer an oath, to receive the solemn declaration of any person voluntarily making the same before him in the form of the schedule to this Act annexed, in attestation of the execution of any written deed or instrument, or allegations of fact, or of any account rendered in writing, and if any such declaration be false or untrue in any material particular, the person making such false declaration shall be deemed guilty of a misdemeanor. Section 2.-Any Justice of the Peace, or other person administering or receiving, or causing or allowing to be received or administered, any oath, affidavit or solemn affirmation contrary to the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding three months, or to a fine not exceeding fifty dollars, at the discretion of the Court.-5-6 Will. 4, ch. 62, Imp. SCHEDULE. I, A. B., do solemnly declare that (state the fact or facts declared to) and I make the solemn declaration conscientiously believ ing the same to be true, and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign intituled (insert the title of this Act.) Is the last proviso of section 1 of this Act constitutional? Has the Federal Government the right to legislate on such matters? This proviso is in the English Act, 5 & 6 Will. 4, ch. 62, and is sect. 18 thereof, but, of course, this does not give to our Federal Parliament a power which it has not by the constitutional Act. However, if the misdemeanor mentioned in it exists, it is punishable, at common law, by fine or imprisonment, or both, at the discretion of the Court: the punishment ordered by sect. 2 of the Act does not apply to the misdemeanor created by sect. 1. As to the first part of section 1, it contains a very much needed enactment. It is taken from sect. 13, of the said 5 and 6 Will. 4, ch. 62, of the Imperial Statutes; the preamble (the same in the Canadian and the English Acts) reads thus: "Whereas a practice has prevailed of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial enquiry, nor in any wise required or authorized by any law; and whereas doubts have arisen whether or not such proceeding is illegal; for the suppression of such practice and removing such doubts, Her Majesty, &c., &c., &c.' Sir William Blackstone had said: (Vol. IV, p. 137) "The law takes no notice of any perjury, but such as is committed in some Court of Justice, having power to administer an oath; or before some magistrate or proper officer, invested with a similar authority, in some proceedings relative to a civil suit or a criminal prosecution: for it esteems all other oaths unnecessary at least, and therefore will not punish the breach of them. For which reason, it is much to be questioned, how far any magistrate is justifiable in taking a voluntary affidavit in any extra-judicial matter, as is now too frequent upon every |