The Queen against Josiah Overton. (in Error)
| Jurisdiction | England & Wales |
| Judgment Date | 18 January 1843 |
| Date | 18 January 1843 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 828
IN THE QUEEN'S BENCH
S. C. 2 Moo. C. C. 263; Car. & M. 655. See R. v. Lavey, 1850, 3 Car. & K. 26; 21 L. J. M. C. 11; R. v. Baker, [1895] 1 Q. B. 800.
[83] the queen against josiah overton. (In Error.) Wednesday, January 18th, 1843. In an indictment for perjury, the necessity for shewing distinctly that the false oath was taken in a judicial proceeding is not dispensed with by stat. 23 G. 2, c. 11, s, 1. An indictment stated that A., B. and C. were commissioners of assessed taxes in and for, &c., and that, at a meeting held by the said commissioners for the purpose of hearing and determining appeals against the certificate of supplementary charges made by D., the Crown surveyor, in pursuance of the statutes, &c., a certain appeal of one ., of, &c., in due form of law came on to be heard; that defendant appeared before the said commissioners as a witness for E. on the hearing of the said appeal, and was sworn, &c., before the said commissioners, they having authority to administer the oath : and the false deposition was then set out with proper averments of materiality and falsity. Held (on writ of error), that the appeal did not sufficiently appear to have been a judicial proceeding, and therefore that the indictment did not state " the substance of the offence," according to stat. 23 G. 2, c. 11, s. 1. [S. C. 2 Moo. C. C. 263; Car. & M. 655. See R. v. Lavey, 1850, 3 Car. & K, 26; 21 L. J. M. C. 11; E. v. Baker, [1895] 1 Q. B. 800.] Josiab Overton was charged with perjury at the Warwickshire Summer Assizes, 1842, on an indictment, the material parts of which were as follows. 4 Q. B. 94. THE QUEEN V. OVERTON 829 "The juror*," &c. "That, before and at the time of the taking of the falae oath by Joaiah Overtoil hereinafter mentioned, Richard Lickoush, clerk, Frederick David Perkins, clerk, and Harry Scott Gibb, Esquire, were commissioners acting in the execution of certain Acts of Parliament relating to the dutiea of assessed taxea in and for the district of the Hundred of Knightlow, in the county of Warwick; and thereupon heretofore, to wit on," "at the parish," &c., "at a meeting then and there held by the commissioners aforesaid for the purpose of hearing and determining appeals against the= certificate of supplementary charges made by one John Lee, Crown surveyor, in pursuance of the said Acts, a certain appeal of one William Hewatt, of," &c,, " in due form of law came on to be heard. And the jurors," &c. " that J. Overton, late of," &c., "heretofore, to wit on the 10th day of February," &c., "at," &c., "appeared before the said commissioners aa a witness for and on behalf of the aaid W. Hewatt upon [84] the hearing of the appeal aforesaid, and was then and there aworn and took his corporal oath upon the Holy Gospel of God before the said R. L., F. D, P. and H. 8. G., so being such commissioners as aforesaid, that the evidence which the aaid J. Overton should give upon the hearing of the said appeal should be the truth, the whole truth, and nothing but the truth, they the said commissioners then and there having authority to administer the said oath to the said J. Overton in that behalf. And the jators," &c. " that upon the hearing of the said appeal it then and there became and was a material question whether a certain receipt, then and there produced by the aaid J. Overton...
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