“Indictment for taking a false oath under the Pension Act of 1st of May, 1820, ch. 51. Plea, not guilty. At the trial a verdict was found against the defendant. Fessenden, for the defendant, made two points of law on a motion in arrest of judgment. 1. That the act did not make the offence perjury in its technical sense, though it affixed to it the same punishment. 2. That the indictment having concluded in the usual form of indictments for perjury, ‘And so the jurors &c. do say, that the defendant did falsely &c. commit wilful and corrupt perjury,’ the indictment was bad in substance if the offence was not perjury, and it was not helped by the previous particular description of the facts in the indictment. He cited Plowden, 125; 3 Bac. Abr. Indictment; H. 3; 2 Hale's Cr. L. 168, 169, 192; 1 Esp. Rep. 280.”