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Perjury Act


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Perjury (CAP. 324 1

CHAPTER 324

THE PERJURY ACT

Arrangement of Sections
Section

1. Short title.
2. Punishment of perjury and subornation of perjury.
3. Wilful and corrupt oath or affirmation, or w m l and

corrupt omiision to state the truth, punishable as
perjury.

4. False affidavit made out of Antigua and Barbuda.
5 . False affidavit or declaration in respect to fire, life, or

. .
marine insurances.

6. Court may direct person guilty of perjury to be tried
therefor.

7. All evidence in the course of a cause to be deemed
material.

8. Certificate of the Registrar sufficient evidence of the trial.

PERJURY

(21st April, 1873.) 511873.
S.R.O. 2211956.

1. This Act may be cited as the Perjury Act. Short title.

2. Any person who commits perjury, or subornation Punishment of
perjury and

of perjury, shall be guilty of a misdemeanour, and shall be subornation of
liable to be imprisoned, with or without hard labour, for perjuv.
any term not exceeding seven years; and also to pay such
fine (if any) as the Court may impose; and also, if so required
by the Court, to find sureties to keep the peace and to be

LAWS OF ANTIGUA AND BARBUDA

2 CAP: 324) Perjury

of good behaviour, for such further period as the Court may
direct.

Wilful and
corrupt oath or
affirmation, or
wilful and
corrupt omission
to state the
truth, .punishable
as perjury.

3. In every case in which by any Act or law, now
or hereafter to be in force in Antigua and Barbuda, it is
required or authorized that facts, matters, or things be
verified, or otherwise assured or ascertained by or upon the
oath, affirmation, declaration, or affidavit of some or any
person, if any person, having, in any such case, taken or
made any oath, affirmation or declaration, so required or
authorized, knowingly, wilfully and corruptly, upon such
oath, affirmation or declaration, deposes, swears to, or makes
any false statement as to any such fact, matter or thing; or
if any person, knowingly, wilfully and corruptly, upon oath
or affirmation, affirms, declares, or deposes to the truth of
any statement for so verifying, assuring, or ascertaining any
such fact, matter, or thing, or purporting so to do, or know-
ingly, wilfully, and corruptly takes, makes, signs, or
subscribes any such affirmation, declaration, or affidavit as
to any such fact, matter, or thing, such statement, affidavit,
affirmation or declaration being untrue in the whole or any
part thereof, or knowingly, wilfully, or corruptly omits from
any such affidavit, affirmation or declaration, sworn or made
under the provisions of any such Act or law, any matter
which, by the provisions of such Act or law, is required to
be stated in such affidavit, affirmation or declaration, such
person shall be deemed to be guilty of wilful and corrupt
perjury, and be punished accordingly:

Provided that nothing herein contained shall affect any
case amounting to perjury at the common law, or the case
of any offence in respect of which other or special provision
is made by any Act or law.

False affidavit 4. Any person who wilfully and corruptly makes any
made out of
~~~i~~~ and false affidavit, affirmation, or declaration, out of Antigua
Barbuda. and Barbuda, before any functionary authorized to take the

same for the purpose of being used in Antigua and Barbuda,
shall be deemed guilty of perjury in like manner as if such
false affidavit, affirmation, or declaration had been made
in Antigua and Barbuda, before competent authority; and
such person may be dealt with, tried, indicted, and, if
convicted, be sentenced, and the offence may be laid and
charged to have been committed in Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

Perjury (CAP. 324 3

5 . Any person knowingly, wilfully and corruptly False affidavit or
declaration in making any affirmation, affidavit, or declaration required respect to fire,

by any fire, life, or marine insurance company, authorized fife. Or marine
Insurances.

by law to do business in Antigua and Barbuda, claiming
to be entitled to any insurance money in respect of any loss
of property or life insured or assured therein, or on behalf
of any person making such claim, containing any false state-
ment of fact, matter, or thing in regard to such loss of
property or life shall be guilty of wilful and corrupt perjury.

6. It shall be lawful for any Judge of the S x r e m e ;:;znmzlF;;t
Court, or for any Judge of any Court of Record, or any perjury to be
commissioner before whom any enquiry or trial is held, and fried therefor.
which he is by law required, or authorized, to hold, in case
it appears to him that any person has been guilty of wilful
and corrupt perjury in any evidence given, or in any affidavit,
affirmation, declaration, deposition, examination, answer,
or other proceedings, made or taken before him, to direct
such person to be prosecuted for perjury, in case there appears
to such Judge or commissioner a reasonable cause for such
prosecution, and to commit such person, so directed to be
prosecuted, until the next term, sitting, or session of any
Court having power to try for perjury in the jurisdiction
within which such perjury was committed, or to permit such
person to enter into a recognizance with one, or more, suffi-
cient surety, or sureties, conditioned for the appearance of
such person at such next term or session, and that he will
then surrender and take his trial, and not depart the Court
without leave, and to require any person such Judge may
think fit to enter into a recognizance conditioned to prosecute,
or give evidence against, such person so directed to be pro-
secuted as aforesaid.

7. All evidence and proof whatsoever, whether given tL :i;zfi;
or made orally, or by or in any affidavit, affirmation, declara- to be
tion, examination, or deposition, shall be deemed and taken deemed material.
to be material with respect to the liability of any person to
be proceeded against and punished for wilful and corrupt
perjury, or for subornation of perjury.

LAWS OF ANTIGUA AND BAREULIA

4 CAP. 324) Perjury

Certificate of the 8. A certificate containing the substance and effect
Registrar
sufficient only (omitting the formal part) of the indictment and trial
evidence of the for any felony or misdemeanour, purporting to be signed
trial.

by the Registrar, Clerk of the Court, or other officer having
the custody of the records of the Court whereat the indict-
ment was tried, or among which such indictment has been
filed, or by the deputy of such Registrar, clerk, or other
officer, shall, upon trial of an indictment for perjury, or
subornation of perjury, be sufficient evidence of the trial of
such indictment for felony, or misdemeanour, without proof
of the signature, or official character, of the person appear-
ing to have signed the same.