Perjury Act 1728

Perjury Act 1728[a]
Act of Parliament
coat of arms
Parliament of Great Britain
Long titleAn 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.
Citation2 Geo. 2. c. 25
Territorial extent England and Wales[b]
Dates
Royal assent14 May 1729
Commencement29 June 1729[c]
Repealed1 January 1912
Other legislation
Amended by
Repealed byPerjury Act 1911
Status: Repealed
Text of statute as originally enacted

The Perjury Act 1728[a] (2 Geo. 2. c. 25) was an act of the Parliament of Great Britain.

Provisions

Section 2 - Penalty for perjury and subornation of perjury

The act applied only to perjury in judicial proceedings. Section 2 provided that perjury and subornation of perjury were punishable with imprisonment for a term not exceeding seven years.[1]

William Oldnall Russell said section 2 was the important statute relating to the punishment of perjury.[2]

Castro v R[3] was decided under section 2.[4][5]

Section 6

Section 6 provided for the act to expire.

Subsequent developments

The whole act was revived and made perpetual by the Continuance, etc., of Acts, 1735 (9 Geo. 2. c. 18), which came into force on 15 January 1736.[6]

So much of the act as related to the stealing or taking by robbery any orders or other securities therein enumerated was repealed by section 1 of the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27).[d][7]

The whole act, except so far as it related to perjury and subornation of perjury, was repealed by section 31 of the Forgery Act 1830 (11 Geo. 4 & 1 Will. 4. c. 66).[8][e]

Section 6 of the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59), which came into force on 15 July 1867.[9]

Section 5 of the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871 (34 & 35 Vict. c. 116), which came into force on 21 August 1871.[10]

The whole act was repealed by section 19 of, and the schedule to, the Perjury Act 1911 (1 & 2 Geo. 5. c. 6) which came into force on 1 January 1912.[11]

Notes

  1. 1 2 The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ Section 4.
  3. ↑ Section 1.
  4. ↑ The marginal note says that the effect of this was to repeal section 3 of this act.
  5. ↑ The marginal note says the whole act was repealed except section 2.

References

  • The Statutes at Large, From the First Year of the Reign of King George the First to the Third Year of the Reign of King George the Second. Volume the Fifth. King's Printer. London. 1763. Pages 699 and 700.
  • John Rayner. "2 Geo II Chap 25". Readings on Statutes. London. 1775. Pages 169 to 207.
  • J M Lely. The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. 1894. Volume 3. Page 371.
  • "The Punishment of Perjury" (1890) 25 The Law Journal 250 (26 April 1890)
  • W Oldnall Russell, Horace Smith and A P Perceval Keep. A Treatise on Crimes and Misdemeanors. Sixth Edition. 1896. Volume 1. pp 322, 323 & 397.
  • The Law of Forgery. J. & W. T. Clarke. 1831. pp 10, 25, 31, 62, 112 & 124.
  1. ↑ The Law Commission. Working Paper No 33. Perjury and Kindred Offences. 14 October 1970. Paragraphs 1 and 22 at pages 1 and 19.
  2. ↑ A Treatise on Crimes and Indictable Misdemeanors. 2nd Ed. 1828. vol 2. p 1763.
  3. ↑ Castro v R (1881) 6 App Cas 229; 50 LJQB 497; 44 LT 350; 29 WR 669; 45 JP 452; 14 Cox CC 546; 12 Magistrates Cases 379, HL.
  4. ↑ John Mews. A Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce: . . . From 1756 to 1883 Inclusive. vol 2. col 2151 & 2152.
  5. ↑ "Castro v The Queen" (1881) 70 The Law Times 345
  6. ↑ Britain, Great (1765). Statutes at Large ...: (43 v.) ... From Magna charta to 1800. Vol. 17. pp. 11–12.
  7. ↑ Britain, Great (1827). Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801-1806; [1807-1832. pp. 152, 436.
  8. ↑ Britain, Great (1830). The Statutes of the United Kingdom of Great Britain and Ireland, Passed in the ... [1807-69]. Vol. 70. His Majesty's statute and law Printers. pp. 403–418.
  9. ↑ "Statute Law Revision Act 1867", legislation.gov.uk, The National Archives, Vict/30-31 c. 59
  10. ↑ "Statute Law Revision Act 1871", legislation.gov.uk, The National Archives, Vict/34-35 c. 116
  11. ↑ "Perjury Act 1911", legislation.gov.uk, The National Archives, Geo5/1-2 c. 6
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