197 A. 12 | N.J. Super. Ct. App. Div. | 1938
George E. Stupalsky appeals from a determination in the court of chancery that he was guilty of contempt of that court. The proceedings for contempt were instituted October 23d 1936, and the finding was that the contempt consisted of a false affidavit taken September 8th, 1934, to be used in a chancery proceeding then pending. *252
The false affidavit was not made in the presence of the court and was an offense against organized society and like other criminal offenses raised an issue between the public and the accused. It was, therefore, a criminal contempt. Staley v.South Jersey Realty Co.,
There was a right of appeal pursuant to P.L. 1909 p. 270;Staley v. South Jersey Realty Co., supra. The statute was subsequent to the decision of this court in Seastream v. NewJersey Exhibition Co.,
Prosecutions for the offense of perjury are barred in this state unless the indictment is found within two years from the time the offense was committed. 2 Comp. Stat. p. 1870 § 152.
By analogy the court of chancery should not have adjudged the appellant in contempt when no steps were taken to prosecute him for the wrong done within two years after the act was committed. The rule laid down in Gompers v. United States,
The order adjudging the appellant in contempt will be set aside.
For affirmance — None.
For reversal — THE CHIEF-JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 14. *253