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may make solemn affirmation, and such Quaker shall incur such danger or penalty for refusing to make such solemn affirmation in such matters, when thereto required, as is hereby provided against persons refusing to be sworn; and all Quakers who shall, in any such affirmation, knowingly and wilfully affirm falsely, shall suffer the same penalties as are provided against persons guilty of wilful and corrupt perjury; and all persons before whom oaths or affidavits are hereby directed to be made, are respectively empowered to administer the same, and also such solemn affirmation as aforesaid.
7 Geo. 4, c. 57.
LXXI. Be it enacted, that if any prisoner who shall apply for his or her discharge under the provisions of this act, or any other person taking an oath under the provisions of this act, shall wilfully forswear and perjure himself or herself, in any oath to be taken under this act, and shall be lawfully convicted thereof, he or she so offending shall suffer such punishment as may by law be inflicted on persons convicted of wilful and corrupt perjury; and that in all cases wherein by this act an oath is required, the solemn affirmation of any person, being a Quaker, shall and may be accepted and taken in lieu thereof, and that every person making such affirmation, who shall be convicted of wilful false affirmation, shall incur and suffer such and the same penalties as are inflicted and imposed upon persons convicted of wilful and corrupt perjury.
2 & 3 Anne, c. 4.
XVIII. Be it enacted, &c. that a memorial of such deeds, A memorial conveyances, and wills, as shall be made and executed or of deeds, &c. published in London, or in any other place not within forty cern any miles of the said west-riding, which do or may concern or lands in the affect any honours, manors, lands, tenements, or heredita- west riding ments, in the said west-riding, shall be entered or regis- may be retered by the aforesaid register or his deputy, in case an affidavit. gistered on affidavit, sworn before any one of the judges at Westminster, or a master in chancery, be brought with the said memorial to the said register or his deputy, wherein one of the witnesses to the execution of such deeds and conveyances shall swear he or she saw the same executed, and the memorial signed and sealed as abovesaid, or wherein one of the witnesses to the memorial of any will shall swear he or she saw such memorial signed and sealed as abovesaid; and the same shall be a sufficient authority to the said re
gister, or his deputy, to give the party that brings such memorial and affidavit, a certificate of the registering such Register to memorial; which certificate, signed by the said register or give certifi- his deputy, shall be taken and allowed as evidence of the registries of the same memorials, in all courts of record whatsoever; any thing in this act to the contrary thereof contained in any wise notwithstanding.
XIX. And be it further enacted by the authority aforeperson for said, that [&c. See ante tit. "Forgery"] and that if any ing himself. person or persons shall at any time forswear himself before the said register or his deputy, or before any judge or master in chancery, in any of the cases aforesaid, and be thereof lawfully convicted, such person or persons shall incur and be liable to the same penalties, as if the same oath had been made in any of the courts of record at Westminster. Note.-There are clauses nearly similar in the other registry acts, see 7 Anne, c. 20, and 8 Geo. 2, c. 6.
The verbal differences between these acts will be seen by refer ing to tit. " Forgery," p. 175 et seq.
Ship Registry Act.
6 Geo. 4, c. 110.
XIV. [Appoints the form of an oath to be taken by the owner or joint owners of a ship previous to registry.]
XXV. [Enacts that every person who shall apply for a certificate of the registry of any ship or vessel, shall produce a true and full account, under the hand of the builder of such ship, of the proper denomination, and of the time when, and the place where, such ship or vessel was built, and also an exact account of the tonnage of such ship, together with the name of the first purchaser, and shall also make oath before the person or persons to grant such certificate, that the ship for which such certificate is required, is the same with that which is so described by the builder as aforesaid.]
XXXII. [Enacts, that upon the first registry of any ship or vessel, the owner or owners who shall take and subscribe the oath required by this act, before registry be made, shall also declare upon oath the number of such parts or shares then held by each owner, and the same shall be so registered accordingly.]
XLIX. And be it further enacted, that if any person or persons shall falsely make oath to any of the matters heremaking false inbefore required to be so verified, such person or persons shall suffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and, that if any person or persons shall counterfeit, erase, alter, or falsify any certificate or other instrument in writing, required or directed to be obtained, granted, or produced by
ing any do
this act, or shall knowingly or wilfully make use of any certificate or other instrument so counterfeited, erased, altered, or falsified, or shall wilfully grant such certificate or other instrument in writing, knowing it to be false, such person or persons shall, for every such offence, forfeit the sum of five hundred pounds..
41 Geo. 3, c. 109.
I. [Enacts that no person shall act as a commissioner under any future inclosure act, (except signing notice of first meeting and administering the oath,) until he shall have taken the oath herein prescribed.]
III. And whereas disputes or doubts may arise, con- Commiscerning the boundaries of parishes, manors, hamlets, or shall inquire districts, adjoining thereto; be it therefore enacted, that into the the commissioner or commissioners appointed in or by virtue boundaries of any such act shall, and he or they is and are hereby of parishes, authorized and required, by examination of witnesses upon oath or affirmation, (which oath or affirmation any one of such commissioners is hereby empowered to administer,) and by such other legal ways or means as he or they shall think proper, to inquire into the boundaries of such several parishes, manors, hamlets, or districts.
IV. [A survey, admeasurement, plan, and valuation, of the lands, &c. to be inclosed shall be made, and kept by the commissioners,] and the person or persons who shall make such survey, admeasurement, plan, and valuation, shall specify the same upon oath or affirmation, at any meeting to be held after the making thereof, (which oath or affirmation the commissioners, or any one of them, are and is hereby empowered and required to administer;) and the proprietors and their respective agents, and all persons interested therein, shall at all seasonable times have liberty to peruse and inspect such admeasurement and plan only, and to take copies thereof and extracts therefrom respectively.
XXXIII. And, for the better enabling such commis- Commissioners may sioner or commissioners to determine the several matters summon and things, by this or any such act referred to his or their witnesses. determination, be it enacted, that it shall be lawful to and for the said commissioner or commissioners, from time to time, as he or they shall see occasion, by any writing or writings, under his or their hand or hands, to summon and require any person or persons to appear before them, at any time and place, in such writing to be appointed, to testify the truth touching the matter in dispute between any proprietors or interested persons, or otherwise relating to the execution of the powers given by this or any
the notices required.
guilty of perjury.
such act, and to cause a copy of such writing to be served on such person or persons required to give evidence, or to be left at his, her, or their usual or last place of abode;
XLII. And be it further enacted, that it shall and may be lawful for any two or more justices of the peace to take affidavits on oath or affirmation, (which oath or affirmation such justices are hereby authorized and empowered to administer) of the notices required for such bills having been given, of the consents of the parties interested therein, of the allegations contained in the preambles of such bills, and of the quantity of the land to be inclosed; and that such affidavits shall respectively be in the forms contained in the schedule hereunto annexed, as near as the circumstances of the case will admit; and that such affidavits shall not be subject or liable to any stamp duties what
XLIII. And be it further enacted, that if any person or persons shall, in any examination, affidavit, deposition, or themselves, affirmation, to be had or taken in pursuance of this act, before such justice or justices, or such commissioner or commissioners, knowingly and wilfully swear or affirm any matter or thing which shall be false or untrue, every such person so offending shall, on conviction thereof, be deemed guilty of perjury, and shall suffer the like pains and penalties as persons guilty of wilful and corrupt perjury are now subject and liable to.
Perjury at Elections.
(See also ante, tit. “ Bribery.”
18 Geo. 2, c. 18.
I. Whereas several delays and inconveniences have arisen in elections of knights of shires to serve in Parliament, to the great trouble and expense of the candidates and electors; for remedy thereof, be it enacted, &c. that from and after the 24th day of June, 1745, upon every election to be made within that part of Great Britain called England, or dominion of Wales, of any knight or knights of the shire to serve in parliament, every freeholder, instead of the oath or affirmation prescribed to be taken by an act of parliament made in the tenth year of the reign of her late majesty Queen Anne, intituled, “ An Act for the more effectual preventing Fraudulent Conveyances, the oath by in order to multiply Votes for electing Knights of Shires to serve in Parliament," before he is admitted to poll at the said election, shall (if required by the candidates, or any pointed for of them, or any other person having a right to vote at the said election) first take the oath (or being one of the people called quakers, the solemn affirmation) following, videlicet
c. 23, ano
ther is ap
"You shall swear (or being one of the people called The oath. Quakers, you shull solemnly affirm) that you are a freeholder in the county of estate, consisting of
and have a freehold (specifying the nature of
such freehold estate, whether messuage, land, rent, tithe, or
value of forty shillings, over and above all rents and
Which oath (or solemn affirmation) the sheriff by him- By whom self, his under-sheriff, or such sworn clerk or clerks as to be adshall be by him appointed for the taking of the poll, is hereby required to administer and in case any freeholder or other person taking the said oath or affirmation hereby appointed, shall thereby commit wilful perjury, and be thereof convicted; and if any person do unlawfully or corruptly procure or suborn any freeholder or other person to take the said oath or affirmation, in order to be polled, whereby he shall commit such wilful perjury, and shall be thereof convicted, he and they, for every such offence, shall Penalty of ircur such pains and penalties as are in and by two acts of perjury, or parliament, the one made in the fifth year of the reign of the late Queen Elizabeth, intituled, "An Act for punishing such Persons as shall procure or commit wilful Perjury, or suborn or procure any Person to commit any wilful or corrupt Perjury;" the other made in the second year of his present majesty, intituled, " An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money," contrary to the said acts.
19 Geo. 2, c. 28.
Whereas, by an act made and passed in the last session of parliament, intituled, "An Act to explain and amend the