Beswick v. Chappel

delivered Uie opinion-of the Court.

Conceding that the first count in the declaration sufficiently shows that the words spoken by the defendant should be understood as importing the charge that the plaintiff had sworn to a lie in the oath which he took as a viewer of a proposed alteration of a public highway, under the appointment of the County Court, we are of opinion that this imputation is not a charge of perjury, nor equivalent to it. The mere breach of the duty pei-taining to the office of a viewer, and which by the oath the party undertakes to perform with fidelity and to the best of his…