Page:United States Statutes at Large Volume 76A.djvu/576

–480– -480§ 1861. Definition of oath As used in this chapter, "oath" includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. § 1862. Perjury generally Whoever, having taken an oath that he will testify, declare, depose or certify truly before a competent tribunal, officer or person in any of the cases in which such an oath may by law be administered, willfully and contrary to that oath, states as true a material matter which he knows to be false, is guilty of perjury, and shall be imprisoned in the penitentiary not more than 10 years. § 1863. False affidavit as to affiant's testimony; subsequent contrary testimony (a) Whoever, in an affidavit taken before a person authorized to administer oaths, swears, affirms, declares, deposes or certifies that he will testify, declare, depose or certify before a competent tribunal, officer or person, in a case then pending or thereafter to be instituted, in a particular manner or to a particular fact, and in the affidavit willfully and contrary to that oath states as true a material matter which he knows to be false, is guilty of perjury, and shall be imprisoned in the penitentiary not more than 10 years. (b) I n a prosecution pursuant to subsection (a) of this section, the subsequent testimony of the person, in an action involving the matters contained in the affidavit, which is contrary to any of the matters contained in the affidavit, shall be prima facie evidence that the matters in the affidavit were false. § 1864. Unqualified statement of that not known to be true An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. § 1865. Iregularity of oath I t is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner. § 1866. Ignorance of materiality of false statement I t is not a defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for whicn it was made. I t is sufficient that it was material and might have been used to affect the proceeding. § 1867. Incompetency of witness I t is not a defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. I t is sufficient that he did give the testimony or make the deposition or certificate. § 1868. When deposition, affidavit, or certificate is complete The making of a deposition, affidavit, or certificate is complete within the provisions of this chapter, from the time it is delivered by the accused to any other person with the intent that it be used, uttered or published as true. § 1869. Subornation of perjury Whoever willfully procures another person to commit perjury is guilty of subornation of perjury and shall be imprisoned in the penitentiary not more than 10 years.

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