Perjury Act 1728

The Perjury Act 1728 ^[a]

Parliament of Great Britain
Long title	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.
Citation	2 Geo. 2. c 25
Territorial extent	England and Wales [b]
Dates
Royal assent	14 May 1729
Commencement	29 June 1729 [c]
Repealed	1 January 1912
Other legislation
Amended by	Continuance, etc., of Acts, 1735 Statute Law Revision Act 1867 Statute Law Revision Act 1871
Repealed by	Perjury Act 1911
Status: Repealed
Text of statute as originally enacted

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much of the act as related to the stealing or taking by robbery any orders or other securities therein enumerated was repealed by section 1 of the 7 & 8 Geo 4 c 27. ^[d]

The whole act, except so far as it related to perjury and subornation of perjury, was repealed by section 31 of the Forgery Act 1830.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

Section 5 of the act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871.

The whole act was repealed as far as it applied to England and Wales ^[1] on 1 January 1912 by section 19 of the Perjury Act 1911, section 19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. ^[2]

William Oldnall Russell said section 2 was the important statute relating to the punishment of perjury. ^[3]

Castro v R ^[4] was decided under section 2. ^{[5] [6]}

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 Section 6 was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867, because it had been virtually repealed by that act. ^[7]

Notes

1. 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 The marginal note says the whole act was repealed except section 2.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 Perjury Act 1911, section 17 and Schedule
2. The Law Commission. Working Paper No 33. Perjury and Kindred Offences. 14 October 1970. Paragraphs 1 and 22 at pages 1 and 19.
3. A Treatise on Crimes and Indictable Misdemeanors. 2nd Ed. 1828. vol 2. p 1763.
4. 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.
5. 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.
6. "Castro v The Queen" (1881) 70 The Law Times 345
7. Statute Law Revision Bill, p 132.

External links

• The Perjury Act 1728 from Google Books