practises intimidation upon or against any person in order to induce or compel him to vote or refrain from voting, or on account of his having voted or refrained from voting at any election; or

(b.) Who by abduction, duress, or any fraudulent device. or contrivance impedes, prevents, or otherwise interferes with the free exercise of the franchise of any voter, or thereby compels, induces, or prevails upon any voter either to give or to refrain from giving his vote at any election.

ARTICLE 131.

PUNISHMENT OF BRIBERY AT CERTAIN ELECTIONS.

Every person is guilty of a misdemeanor who commits bribery or undue influence at or in respect of any election of any member to serve in Parliament, or any election to the office of mayor, alderman, councillor, auditor, assessor of a borough or ward of a borough subject to the provisions of the 5 & 6 Will. 4, c. 76.

ARTICLE 132.

DEFINITION OF OFFICE.

The word "office" in Articles 133 and 134 includes

2 Every office in the gift of the Crown or of any officer appointed by the Crown, and all commissions, civil, naval and military, and all places or employments in any public department or office whatever in any part of her Majesty's dominions whatever, and all deputations to any such office and every participation in the profits of any such office or deputation.

ARTICLE 133.

SELLING OFFICES.

Every one commits a misdemeanor who does any of the following things in respect of any office, or any appointment

1 17 & 18 Vict. c. 102, ss. 2, 3, 5; 35 & 36 Vict. c. 60, ss. 2, 3. Offenders are also liable to be sued for penalties by informers.

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

349 Geo. 3, c. 126, s. 3, greatly condensed.

to or resignation of any office, or any consent to any such appointment or resignation, that is to say, every one who directly or indirectly

(a.) Sells the same, or receives any reward or profit from the sale thereof, or agrees to do so:

(b.) Purchases, or gives any reward or profit for the purchase thereof, or agrees or promises to do so.

1 Whoever commits either of these misdemeanors upon its commission forfeits to the Queen any right which he may have in the office, and is disabled to hold it for life, and it is not lawful for the Queen to dispense him from such disability.

ARTICLE 134.

MAKING INTEREST FOR OFFICES FOR REWARD.

2 Every one commits a misdemeanor who does any of the following things directly or indirectly:

(a.) Receives or agrees to receive any reward or profit for any interest, request, or negotiation about any office, or under pretence of using any such interest, making any such request or being concerned in any such negotiation:

(b.) Gives or procures to be given any profit or reward, or makes or procures to be made any agreement for the giving of any profit or reward for any such request or negotiation as aforesaid:

(c.) Solicits, recommends, or negotiates in any manner as to any appointment to or resignation of any office in expectation of any reward or profit:

(d.) 3Keeps any office or place for transacting or negotiating any business relating to vacancies in or the sale or purchase of or appointment to or resignation of offices.

1 5 & 6 Edw. 6, c. 16, s. 1; 49 Geo. 3, c. 126, s. 2; Ingram's Case, 3 Inst. 154. The 5 & 6 Edw. 6, c. 16, s. 1, is repealed as to offices in the Customs, by 6 Geo. 4, c. 105, s. 10. It was, however, extended to offices in the Customs as well as to many others, by 49 Geo. 3, c. 126. I do not quite understand the result of this. The present Customs Act, 39 & 40 Vict. c. 36, throws no light on the subject. 2 49 Geo. 3, c. 126, s. 4.

3 Ibid. s. 5.

CHAPTER XIV.

MISLEADING JUSTICE—PERJURY—FALSE SWEARING—
SUBORNATION.

ARTICLE 135.

PERJURY DEFINED.

1 1 PERJURY is an assertion upon an oath duly administered in a judicial proceeding, before a competent Court, of the truth of some matter of fact, material to the question depending in that proceeding, which assertion the assertor does not believe to be true when he makes it, or on which he knows himself to be ignorant.

2 In this definition, the word "oath " includes every affirmation which any class of persons are by law permitted to make in place of an oath.

3 The expression " duly administered," means administered in a form binding on his conscience, to a witness legally called before them, by any Court, judge, justice, officer, commissioner, arbitrator, or other person, who by the law for the time being in force, or by consent of the parties, has authority to hear, receive, and examine evidence.

4 The fact that a person takes an oath in any particular form is a binding admission that he regards it as binding on his conscience.

5 The expression " judicial proceeding," means a proceeding

*See 3 Hist. Cr. Law, pp. 240-50.

1 3rd Inst. 167; 1 Hawk. P. C. 429-435; 3 Russ. Cr. 1, &c., and see note, 5th Report, C. L. C. 23.

Draft Code, s. 119.

2 Many statutes to this effect have been passed. See in particular 32 & 33 Vict. c. 68, s. 4; 33 & 34 Vict. c. 49; and see statutes as to particular religious bodies collected in 3 Russ. Cr. 26-9.

14 & 15 Vict. c. 99, s. 16, passed to remove doubts in the question by whom an oath might be administered, 3 Russ. Cr. 3. As to using a form binding on the witness's conscience see 1 & 2 Vict. c. 105; Omichund v. Barker, 1 Sm. L. C. 455.

Ides v. Hoare, 2 B. & B. 232. 5 Illustrations (2), (3), (4).

which takes place in or under the authority of any Court of justice, or which relates in any way to the administration of justice, or which legally ascertains any right or liability.

1 A proceeding may be judicial although the person accused in it was brought before the Court by which the proceeding is held by an irregular warrant.

2 The word "fact" includes the fact that the witness holds any opinion or belief.

3 The word "material" means of such a nature as to affect in any way, directly or indirectly, the probability of anything to be determined by the proceeding, or the credit of any witness, and a fact may be material although evidence of its existence was improperly admitted.

Illustrations.

(1.) A swears that certain goods are of a certain value.

4 A is entirely ignorant upon the subject. A is guilty of perjury whether the goods are of that value or not.

The goods are not of that value, and A knows it. A has committed perjury.

5 The goods are of that value, but A believes that they are not. A has committed perjury.

The goods are not of that value, but A believes that they are. not committed perjury.

6

A has

(2.) A proceeding before a local marine board sitting under the Merchant Shipping Act, 1854, and having power to suspend or cancel the certificates of the masters and mates of ships, is a judicial proceeding.

7

(3.) An inquiry before a sheriff as to the amount of damages is a judicial proceeding.

8

(4.) An inquiry before a justice of the peace as to making a man find sureties for the peace is a judicial proceeding.

9

(5.) A swears that he thinks that certain words are in his handwriting. The jury find that he did not think so. A commits perjury.

1 R. v. Hughes, L. R. 4 Q. B. D. 614.

2 Illustration (5).

3 Illustrations (6), (7).

R. v. Mawbey, 6 T. R. 637.

5 Gurney's Case, 3 Inst. 166.

6 R. v. Tomlinson, L. R. 2 C. C. R. 49.

71 Hawk. P. C. 430.

8 Ibid.

• R. v. Schlesinger, 10 Q. B. 670.

(6.) 1 A, a witness under cross-examination, denies an imputation which goes to his credit only. B is improperly permitted to contradict A. B swears falsely. B commits perjury on a material fact.

(7.) 2 A falsely swears that he has examined a paper, alleged to be a copy, with an original will, in order to make the copy admissible. The paper is not put in evidence, and it would not have been admissible if it had been tendered. A commits perjury on a material fact.

ARTICLE 136.

SUBORNATION OF PERJURY.

3 Subornation of perjury is procuring a person to commit a perjury, which he actually commits in consequence of such procurement.

ARTICLE 137.

PUNISHMENT OF PERJURY AND SUBORNATION.

Perjury and subornation of perjury are misdemeanors, and every one who commits either is liable, upon conviction, to any term of penal servitude, or imprisonment with or without hard labour, not exceeding seven years.

ARTICLE 138.

FALSE SWEARING.

5 Every one commits a misdemeanor, who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstances that the false swearing if committed in a judicial proceeding would have amounted to perjury.

1 R. v. Gibbon, L. & C. 109. In the later case of R. v. Tyson, L. R. 1 C. C. R. 107, R. v. Gibbon was followed, but the facts are not so strong. See, too, R. v. Mullany, L. & C. 593.

Philpott's Case, 2 Den. C. C. 309.

3 If the perjury is not committed, the crime is incitement: see Article 47. See also 1 Hawk. P. C. 435, c. 87, s. 10. Draft Code, s. 119.

The punishment at common law was whipping, imprisonment, fine, and pillory. By 2 Geo. 2, c. 25, s. 2, seven years transportation or imprisonment with hard labour was added. By 3 Geo. 4, c. 114, hard labour was again authorized, I know not why. By 7 Will. 4 & 1 Vict. c. 23, the pillory was abolished. Whipping is obsolete. Fines fall under Article 22. Thus the text represents the

result.

Cf. Draft Code, ss. 120, 1. 5 See Cases in Illustrations.

Draft Code, s. 122.