Van Dusen v. People

Citations

• 78 Ill. 645

Syllabus

<p>1. Pebjurt—evidence of where affidavit was made. On the trial of one for perjury in making an affidavit, if the State and county are given in the venue of the affidavit, this is ample evidence, in the absence of contrary proof, to show that the oath was administered in the county named in the venue.</p> <p>2. Same—officer administering oath must do so in his district where he has power to act. On a charge of perjury in making an affidavit, the oath being administered by a township assessor to a party being assessed by him, if the proof fails to show that the affidavit was sworn to in the assessor’s township, where he alone has power to act, no conviction can be had.</p> <p>3. The officer who administers an oath must have legal and competent authority, or the person taking the oath before him, however false it may be, can not be convicted of perjury.</p> <p>4. Officer—powet’ to act officially out of his districts.* Unless authorized by statute, an officer can perform no official act outside of and beyond the territorial limits in which he is authorized and required to act. An assessor not being authorized to assess property out of his township, can not, lawfully, administer an oath to a person, except in his township, in relation to his rights and credits liable to assessment.</p>