Lavey against The Queen
| Jurisdiction | England & Wales |
| Judgment Date | 20 June 1851 |
| Date | 20 June 1851 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 1372
QUEEN'S BENCH.
S. C. 5 Cox, C. C. 269; 2 Den. C. C. 504; 21 L. J. M. C. 10; 16 Jur. 36. Applied, R. v. Dunning, 1871, L. R. 1 C. C. 294.
[496] in the exchequer chambek. (error from the queen's bench.) lavey against the queen. Friday, June 20th, 1851. An indictment for perjury averred that in the W, County Court, before J. M. Judge of the said Court, an action, then pending in the said Court, came on to be tried ; that defendant was sworn as a witness " before the said J. M.," "being Judge of the said County Court " and "having sufficient and competent authority to administer the said oath;" and then perjury was assigned. On writ of error, Held to be sufficiently shewn on the face of the indictment, that the Court was properly constituted under stat. 9 & 10 Viet. c. 95, and that the Judge had jurisdiction over the cause in which the perjury was alleged to have been committed. [S. C. 5 Cox, C. C. 269; 2 Den. C. C. 504; 21 L. J. M. C. 10; 16 Jur. 36. Applied, M. v. Dunning, 1871, L. It. 1 C. C. 294.] Indictment, which was preferred at the Central Criminal Court, and removed into the Court of Queen's Bench, stated " that, on,"&c., " in the Whitechapel County Court of Middlesex, holden at the Court House in Osborne 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 Manning, Serjeant at Law, then and there being the Judge of the said Court, a certain action on contract then pending in the said County Court, between Ann Lavey, suing as widow and executrix of the last will and testament of Hyarn Lavey deceased, plaintiff, 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 said Ann Lavey, of," &c., " tendered herself as a witness on her own behalf, and was, then and there, 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 [497] 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...
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Ann Lavey v The Queen
... ... MATHEW SCAIFE AND THOMAS BOOKE 2 Mar. 612. [512] note. The following is the form of the prceaipe and petition, with the Secretary of State's necessary when a writ of error to the House of Lords is sued out - 'Writ of error, returnable in Parliament immediately for Ann Lavey against Queen, from judgment affirmed in Exchequer Chamber to House of Lords on judgment on indictment for perjury. L. & L, Address 26th June, 1851. To the Queen's most excellent Majesty. The humble petition of Ann Lavey, of Shadwell, in the county of Middlesex, widow, Sheweth, That your petitioner was ... ...