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Perjury Act 1728

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

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much of the act as related to the stealing or taking by robbery any orders or other securities therein enumerated was repealed by section 1 of the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4.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

The whole act, except so far as it related to perjury and subornation of perjury, was repealed by section 31 of the Forgery Act 1830.

Section 5 of the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871.

The whole act was repealed as far as it applied to England and Wales on 1 January 1912 by section 19 of the Perjury Act 1911, section 19

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.

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

Castro v R was decided under section 2.

Section 6

Section 6 provided for the act to expire. The act was revived and made perpetual by the Continuance, etc., of Acts, 1735 (9 Geo. 2. c. 18). Section 6 was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867, because it had been virtually repealed by that act.

Notes

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.

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