No. 3....From first December, 1808, to first December, 1809. To expences, &c. (as in No. 1.) and stock remaining, Gain 83,569 331 92,103 47 $ 8,534 14 Note, the diminution of the gain, during the last year, arose from the introduction of a spinning machine; which, being incomplete, required the expenditure of a considerable sum of money, besides the loss of labour to put it in operation; also from the convicts being necessarily engaged in manufactures, which were less profitable than those in which they were employed the year before. Note also, if it were proper to charge the institution with the officers' salaries, the expences of that portion of the public guard em, ployed at the penitentiary, of the physician's salary, and of the transportation of the prisoners to the penitentiary, then these items must be added to the loss sustained in the years 1803, 4, and 5. In like manner, similar items must be deducted from the gain of 1807, 8, and 9, with the addition of an extra commission allowed to the keeper, assistants, and turnkey, on the clear profits of the institution. The above comparative view proves, that, settling the accounts upon the same principles, the operations of the present system are vastly more favourable than those of the former. The number of prisoners during the above periods was nearly the same, varying from one hundred to one hundred and twenty, as new convicts were admitted or old ones discharged. PERJURY AND SUBORNATION. I. Of perjury and subornation by the common law. II. Of perjury and subornation by statute. III. Of matters common to them both. I. OF PERJURY AND SUBORNATION BY THE COMMON LAW. PERJURY, by the common law, seemeth to be a riful false oath, by one who, being lawfully required to depose the truth in any judicial proceeding, swears absolutely, in a matter material to the point in question, whether he be believed or not. 1 Haw. 172. 3 Inst. 164. Wilful....The false oath alledged against him should be proved to be taken with some degree of deliberation; for if, upon the whole circum stances of the case, it shall appear probable, that it was owing rather to the weakness than perverseness of the party, as where it was occasioned by surprise, or inadvertency, or a mistake of the true state of the question, it cannot but be hard to make it amount to voluntary and and corrupt perjury. 1 Haw. 172. False......It is said not to be material, whether the fact which was sworn be in itself true or false; for, however the thing sworn máy happen to prove agreeable to the truth, yet if it were not known to be so by him who swears to it, his offence is altogether as great as if it had been false, inasmuch as he wilfully swears that he knows a thing to be true, which at the same time he knows nothing of, and impudently endeavours to induce those before whom he swears to proceed upon the credit of a deposition, which any stranger might make as well as he. lbid. 175. Being lawfully required....It seemeth clear, that no oaths whatsoever, taken before persons acting merely in a private capacity; or before those who take upon them to administer oaths of a public nature, without legal authority; or before those who are legally authorised to administer some kinds of oaths, but not those which happen to be taken before them; or even before those who take upon them to administer justice by virtue of an authority seemingly colourable, but in truth 'unwarranted and merely void, can amount to perjuries, but are altogether idle and of no force. Ibid 174.. In any judicial proceeding...For though an oath be given by him who hath lawful authority, and the same is broken, yet if it be not in a judicial proceeding, it is not perjury, because such oaths are general and extrajudicial; but it serves for aggravation of the offence. Such are, general oaths given to officers and ministers of justice, the oath of fealty and allegiance, and such like: Thus, if an officer commit extortion, it is against his general oath, but yet not perjury, because not in a judicial proceeding, but when he is charged with extortion, the breach of his oath may serve for aggravation. 3 Inst. 166. If a person calleth another perjured man, he may have his action upon his case, because it must be intended contrary to his oath in a judicial proceeding, but for calling him a forsworn man, no action doth lie, because the forswearing may be extrajudicial. Ibid. Swears absolutely....For the deposition must be direct and absolute; and not, as he thinketh, or remembereth, or believeth, or the like. Ibid. In matter material to the point in question....For if it be not material, then, though it be false, yet it is no perjury, because it concerneth not the point in issue, and therefore in effect it is extrajudicial. Ibid. 167. But it is not necessary that it appear to what degree the point, in which a man is perjured, was material to the issue; for if it is but circumstantially material, it will be perjury. L. Raym. 258. Much less is it necessary, that the evidence be sufficient for the plaintiff to recover upon, for in the nature of the thing, an evidence may be very material, and yet it may not be full enough to prove directly the point in question. Ibid. 889. Whether he be believed or not...It hath been holden, not to be material upon an indictment of perjury at common law, whether the false oath were at all credited, or whether the party in whose prejudice it was intended were in the event any way aggrieved by it or not; insomuch as this is not a prosecution grounded on the damage of the party, but on the abuse of public justice. 1 Haw. 177. A man may be indicted for perjury, in swearing that he believes a fact to be true, which he must know to be false. Leach 270. Subornation of perjury, by the common law, seems to be an offence, in procuring a man to take a false oath, amounting to perjury, who actually taketh such oath. 1 Haw. 177. But it seemeth clear, that if the person incited to take such an oath do not actually take it, the person by whom he was incited is not guilty of subornation of perjury; yet it is certain, that he is liable to be punished, not only by fine, but also by infamous corporal punish. ment. Ibid. II. OF PERJURY AND SUBORNATION BY STATUTE. "All and every person and persons, who shall unlawfully and corruptly procure any witness or witnesses, by letters, rewards, promises, or by any other sinister and unlawful labour or means whatsoever, to commit any wilful and corrupt perjury, in any matter or cause whatsoever, now depending, or which shall hereafter depend, in suit and variance, by any writ, action, bill, complaint, or information, in any wise touching or concerning any lands, tenements, or hereditaments, or any goods, chattels, debts, or damages, in any of the courts of this commonwealth; or shall likewise unlawfully and corruptly procure, or suborn, any witness or witnesses, which shall be sworn to testify in perpetuam rei memoriam, or any criminal prosecution, or in any examination or controversy before a justice of the peace, or before any commissioners appointed to take depositions, that then every such offender or offenders shall, for his, her, or their said offence, being thereof lawfully convicted, be adjudged to pay a fine not exceeding two hundred pounds, and to suffer imprisonment for the space of one year, without bail or mainprise. 1 Rev. Code, ch. 48, sect. 1, p. 46. "If any person or persons, either by the subornation, unlawful procurement, sinister persuasion, or means of any other, or by their own act, consent or agreement, wilfully and corruptly commit any manner of wilful perjury, by his or their deposition in any of the courts of this commonwealth, or before any justice or justices of the peace, or before any commissioners appointed to take depositions, or being examined in perpetuam rei memoriam, that then every person and persons so offending, and being thereof duly convicted, shall, for his or their said offence, be adjudged to pay a fine not exceeding one hundred pounds, and to suffer imprisonment for the space of six months, without bail or mainprise, and the oath of such person or persons so offending,, in any of the cases of perjury or subornation of perjury, in this act mentioned, from thenceforth shall not be received in any court within this commonwealth, until such time as the judgment given against such person or persons shall be reversed." I Rev. Code, ch. 48, sect. 2, p. 47. The following determinations have been made on statutes of England nearly similar to our act of assembly. Any witness.... If the defendant perjureth himself in his answer, in the chancery, or the like, he is not punishable by this statute; for it extendeth but to witnesses. 3 Inst. 166. 1 Leach. Haw. 330. But he is punishable for the same by indictment at the common law. Burr. 1189. Either by the subornation, &c....It is not necessary to set forth in the indictment, whether the party took the false oath through the subornation of another, or without any such subornation, these words being only superfluity. 1 Haw. 179. Wilfully and corruptly....These words are necessary in an indictment or action on this statute, and cannot be supplied by adding, against the form of the statute, or by concluding, and so a wilful and corrupt perjury did commit. Ibid. 178. See further as to this subject, 1 Leach. Haw. 318, 335. Prosecutions for perjury, by statute, being more difficult than by indictment at common law, the latter is generally pursued. Ibid. 327. For those acts which constitute perjury, by the laws of Virginia, see 1st and 2d vols. Rev. Code, Index, title PERJURY. III. OF MATTERS COMMON TO THEM BOTH. To convict a man of perjury, a probable evidence is not enough; but it must be a strong and clear evidence, and the witnesses must be more numerous than those on the side of the defendant, for otherwise it is only oath against oath. 10 Mod. 194. And the party prejudiced by the perjury shall not be admitted to prove the perjury. L. Raym. 396. The court, in special cases, will grant a certiorari to remove an indictment of perjury. See various instances, 2 Leach. Haw. 408. So, they may either quash an indictment for perjury, for insufficiency in the caption, &c. or put the defendant to plead a demur to it. See 2 Leach Haw. 367. For WARRANTS, COMMITMENTS, RECOGNIZANCES, &c. see those titles; also title CRIMINALS. For INDICTMENTS, see Cr. Cir. Comp. and Cr. Cir. Assist. PILLORY. PILLORY is derived from pilastere, a pillar; because it is a wooden pillar, wherein the neck of the offender is put and pressed; a punishment inflicted on persons guilty of forgery, perjury, cheating by means of some artful device, and by several acts of assembly on other offenders, therein particularly mentioned. 3 Inst. 88. This kind of punishment is very ancient, having been in use among the Saxons, and is held so infamous, that lord Coke says, those who have been adjudged to suffer it are not to be received as witnesses, or jurors; for which reason he advises justices of the peace to be well advised before they adjudge any person to the pillory, and to have good warrant for their judgment. Fine and imprisonment, for offences fineable by them, he recommends as a fair and sure way. Ibid. 219. PITCH. See РORK, &c. PLAGUE See QUARANTINE. POISON. See HOMICIDE. POOR. SINCE the revised act of 1792, several laws have passed on the subject of the poor, and in relation to the appointment and duties of the overseers of the poor. They are too lengthy for insertion in a work of this kind, but may be found in 1 Rev. Code, ch. 102, p. 180. Ibid. ch. 227, p 377. 2 Rev. Code, ch. 25, p. 27. Ibid, ch. 50, p. 76. Ibid. ch. 60, p. 85, sect. 5. Ibid. ch 69, p. 95, sect. 1; p. 96, 97, sect. 2, 3, 4, 5, 6, 7, 11, 12. Ibid. ch. 75, p. 102. Ibid. ch. 81, p. 108, sect 2. Ibid. ch. 118, p. 147. Ibid. ch. 130, p. 162, sect. 5. Sess, Acts, 1808, ch. 19, p. 28. (A) Warrant of a justice to bring a person before him, to be examined concerning his settlement, on sect. 7, of 1 Rev. Code, p. 181. To the constable of county, to wit. in the county of Whereas complaint hath been made before me, JP, one of the commonwealth's justices of the peace for the said county, by A O, one of the overseers of the poor of the county of aforesaid, that A P hath come to inhabit in the said county, not having gained a legal settlement therein, and is likely to become chargeable to the said county. These are therefore to require you, to bring the said A P before me, to be examined concerning the place of his last legal settlement, and to be further dealt with according to law. Given under my hand and seal, the day of in the year and in the year of the commonwealth. It has been the constant practice in England, where the power of removal from one county to another is given, in case of the illegal set |