PERIWINKLE, the name given to various species of the botanical genus Vinca, of the dog-bane family (Apocynaceae). The name periwinkle is possibly taken from pervinka, the Russian name of the flower, which in turn is derived from pervi, "first," as it is one of the first flowers of spring. The lesser periwinkle (V. minor) with lilac-blue flowers, in. across, an evergreen, trailing perennial, native to Europe and found in the British Isles, has run wild throughout eastern North America. The simi lar greater periwinkle (V. major), with purplish-blue flowers, I to 2 in. across, native to continental Europe, has become naturalized in England. The Madagascar periwinkle V. ros(A) is of world-wide distribution in the Tropics. (See APOCYNACEAE.) PERJURY, an offence defined as intentionally false testi mony given under oath. The English law relating to perjury is to be found in the Perjury Act 1911, a statute passed "to consolidate and simplify." That Act in its schedule repeals no fewer than 132 enactments that formerly dealt with the subject. By s.
of the Perjury Act 1911: "If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury, and shall, on conviction thereof or indictment, be liable to penal servitude for a term not exceeding seven years, or to imprisonment with or without hard labour for a term not ex ceeding two years, or to a fine or to both such penal servitude or imprisonment and fine." The expression "judicial proceeding" includes a proceeding before any court, tribunal or person hav ing by law power to hear, receive and examine evidence on oath.
Where a statement made for the purposes of a judicial proceed ing is not made before the tribunal itself, but is made on oath before a person authorized by law to administer an oath to the person who makes the statement, and to record or authenticate the statement, it shall, for the purposes of this section, be treated as having been made in a judicial proceeding. A statement made by a person lawfully sworn in England for the purposes of a judicial proceeding—(a) in another part of his majesty's do minions; or (b) in a British tribunal lawfully constituted in any place by sea or land outside his majesty's dominions; or (c) in a tribunal of any foreign State, shall, for the purposes of this section, be treated as a statement made in a judicial proceeding in England. Where, for the purposes of a judicial proceeding in England, a person is lawfully sworn under the authority of an Act of parliament—(a) in any other part of his majesty's do minions; or (b) before a British tribunal or a British officer in a foreign country, or within the jurisdiction of the Admiralty of England; a statement made by such person so sworn as afore said (unless the Act of parliament under which it was made otherwise specifically provides) shall be treated for the purposes of this section as having been made in the judicial proceeding in England for the purposes whereof it was made. The question
whether a statement on which perjury is assigned was material is a question of law the determination of which rests solely upon the court of trial.
False statements on oath made otherwise than in a judicial proceeding; false statements with reference to marriage; false statements as to births or deaths; false statutory declarations and other false statements without an oath; and false declara tions to attain registration for carrying on a vocation are declared misdemeanours and are punishable on indictment by punishments varying from seven years penal servitude to 12 months hard labour with the alternative or addition of a fine.
Offences as to making false declarations as to marriages, births and deaths and false statutory declarations can be dealt with summarily (Criminal Justice Act 1925), but all offences de clared to be perjury, punishable as perjury or as subornation of perjury must be tried on indictment at assizes, except those relating to false statutory declarations.
Before the Act was passed corroboration was required and now by s. 13 it is provided that "a person shall not be liable to be convicted of any offence against this Act, or of any offence de clared by any other Act to be perjury or subornation of perjury, or to be punishable as perjury or subornation of perjury solely upon the evidence of one witness as to the falsity of any state ment alleged to be false." An "oath" includes an "affirmation," or "declaration," and the expression "swear" likewise includes "affirm" or "declare." In the United States perjury has been made a felony in most States by statute. These statutes generally embody the common law definitSon of the crime, though commonly extending the more ancient conception of the judicial proceeding in which the perjury had to be committed to all situations where the administration of an oath is made lawful. Statutes also embrace as a distinct offense that of false swearing. This differs from perjury prin cipally in that it is not an essential ingredient of false swearing that the testimony need be, as to fact, material to the inquiry.