The Express.
London, England, 1847-01-25 00:00:00

COURT OP QUEEN'S BENCH.

RYALLS V. TEE QUEEN IN ERROR—SUFFICIENCY OF A
VERDICT IN TRU FORM GUILTY OF TIIE MISDEMEA-
NOUR AFORESAID," TO SUPPORT A GENF:HAL JUDOMENT
ON AN INDICTMENT FOR PERJURY CONT.AINLVO FOUR
CovNva.—The plaintiff had I,cen convicted of perjury on
an indictment that contained four count,. The verdict was,
that he was "guilty of the misdemeanour and perjury afore-
snid ;" and the judgment followed it. The plaintiff then
brought his writ of error, and in assigning errors objected,
first, that each count of the indictment was bad, because it
alleged Derjuri to have been committed in swearing to an
afileLvit in the matter of an attorney's application to a judge
to have his bill taxed, and did not allege tfio
statutory condition precedent of the right to make such
an application, namely, the neglect of the client to
make it within one month after bill delivered, so that the
swearing had not taken place in a judicial proceeding.
2nd. That if the word "misdemeanour," was not a collective
noun, and any count was bad, the verdict and judgment
were bud, because entered on all the counts generally.
3rd. That if the wont " misdemeanour" was not • collective
noun, the verdict and judgment ea re bad whether t'se counts
were good or had ; necessarily bad if any count was had, be-
cause the finding of the jury might have been on that only ;
and bad also though all the counts should be gond, because
the finding could only apply to one count, and it would re-
main uncertain which count would at • future trial for the
tame offences support a pica of a former conviction. Mr.
Pashley .1111 heard for the plaintiff in error, and Mr. Bliss for
the crown.—The court postponed the judgment.

BAIL COURT.

Before Mr. Justicy Erle.

THE QUEEN C. MITCHELL.—REHISSION OF an IN-
DICTMENT TO AN INFERIOR COURT WHICH HAD BEEN
BROVOIIT LP BY CEKTIOILIRI —3.lr. Ogle applied on the
part of a lady of the name of Mitchell for a rule to show
cause why an indictment against her for an assault, and
which had been brought up into this court by entiovari,
should not be remitted by procedendo to the inferior court.
It was stated that the lady in question was, for some time
past, in the habit of assisting a person of the name of Herring,
a prisoner in the Queen's Bench, in the conduct of certain
legal business, and io which it was stated her assistance was
absolutely necessary to him ; but she had been denied access
to him by the officers of the prison. On one occasion of her
attempting to get admittance to Herring she had been
brought before a magistrate on a charge of assault and re.l
quir d to tind bait fur her appearance at the sessions. When '
she attended at the sessions she found that the indictment
had been removed by certiorari into this court.—Mr. Justice
Erie said that from the facts elated he thought it likely
that there were other reasons for removing the indictment
than the fitness of the sessions to deal with a mere case of
' assault by a woman.—Rule granted.
THE QUEEN O. THE POOR-LAW OCARDIAXS OP KIN°.
STON-UPON-HULL.—MANDAMI COMPEL GUARDIANS
TO EXHIBIT THEIR ACCOVXTS TO POOR-LAW AUDITORS.
—The Attorney-General on behalf of the Poor-law Com-
missioners moved for a role calling on the guardians of the
poor of Kingston-upon-lion to show cause why a mandamus
should not issue, commanding them to give an account of
their disbursements fur the half-year ending 29th September
in last year, to the auditor of the South Yorkshire district.
The application was made in consequence of a resolution
passed by the guardians, that although their books might be
lasptcted, note of the offices of the norkholde should
answer any question put by the auditor, or giro him any
information ; one of the g utrdiatts had interrupted the pro-
gress of the investigation which was closed on that secount.
The application was founded on the statute 7 & 8 Vic., e.
101, a. 37.—Rule granted.
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