Ann Lavey v The Queen
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1851 |
| Date | 01 January 1851 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 600
Crown Cases
S. C. 3 Car. & Kir. 26; sub nominee Lavey v. R., 17 Q B 496; 5 Cox C C. 269. Prior proceedings, 16 L. T. O S. 266. Considered, R. v. Baker, [1895] 1 Q B. 797. Referred to, R v. Lawlor, 1853, 6 Cox C. C. 187; R. v. Courtenay, 1856, 7 Cox C C. 111; R v. Gibbon, 1862, Le. & Ca. 109; R. v. Dunning, 1871, L R 1 C C. R. 290.
1851 (a) ann lavey v. the queen (In an indictment for perjury it was alleged, that " in the Whitechapel County Court of Middlesex, holden at, &c., in the county of Middlesex, before J. M , then and there being the Judge of the said Court, a certain action of contract then pending in the said Court between A. L , plaintiff, and R H., defendant, came on to be tried," &c., upon which said trial A. L was then and there duly sworn, &c., " before the said J M., then and there being Judge of the said Court, and then and there having sufficient and competent authority to administer the said oath to the said A. L. m that behalf " : Held, 1. That it sufficiently appeared in the indictment that the Court in which the action was tried was held in pursuance of stat. 9 & 10 Viet, c 95 ; 2ndly. That from the averment of competent authority in the Judge to administer the oath, it sufficiently appeared (a) A writ of error to the House of Lords was sued out in this caae ; but as it has not been followed up, the case is here reported See p. 512. 2 DEN. 506. ANN LAVEY V. THE QUEEN 601 that the judicial proceeding in the course of which the oath was administered was one over which the Judge had jurisdiction) [S. Ci 3 Car. & Kir. 26 ; sub nomine Lavey v. R., 17 Q B 496 ; 5 Cox C C. 269. Poor proceedings, 16 L. T. 0 S. 266. Considered, R. v. Baker, [1895] 1 Q B. 797. Referred to, R v. Lawlvr, 1853, 6 Cox C. C. 187 ; R. v. Courtenay, 1856, 7 Cox C C. Ill ; B v. Gibbon, 1862, Le. & Ca. 109 ; R. v. Dunning, 1871, L R 1 C C. R. 290.] Writ of Error in Exchequer Chamber from the Queen's Bench. The indictment which had been found at the Central Criminal Court was removed by certiorart into the Queen's Bench, at the instance of the defendant. It set forth that " on 9th April, 1850, in the Whitechapel County Court of Middlesex, holden at the Court-house in Osborn Street, Whitechapel, in the Parish, of St. Mary, Whitechapel, in the county of Middlesex, and within the jurisdiction of the said Central Criminal Court, before James Mannmg, Serjeant-at-Law, then and there being the Judge of the said Court, a certain action of contract then pending in the said Court between Ann Lavey suing as widow and executrix of the last will and testament of Hyam Lavey deceased, plamtrfE, and Robert Hannah, defendant, came on to be tried, and was then and there in due form of law heard and tried by and before the said James Manning, then and there being Judge of the said County Court as aforesaid." Upon which said hearing and trial the [505] said Ann Lavey, of and in the county of Middlesex, and within the jurisdiction of the said Central Criminal Court, widow, tendered herself a* a witness in her own behalf, and was then and there within the jurisdiction of the said Cential Criminal Court, duly sworn, and took her corporal oath before the said James Manning, then and there being Judge of the said Court as aforesaid, and then and there having sufficient and competent authority to administer the said oath to her the said Ann Lavey in that behalf, that the evidence which the said Ann Lavey should give to the Court then and there touching the matter then and there in question between her, the said Ann Lavey, and the said Robert Hannah, should be the truth, the whole truth, and nothing but the truth . that at and upon...
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