Attorney General v Bruen and Kelly

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 01 January 1935
• Date: 01 January 1935

Attorney-General v. Bruen and Kelly.

ATTORNEY-GENERAL

Complainant

and

MICHAEL BRUEN (Senior), MICHAEL BRUEN (Junior) and PATRICK KELLY, Defendants (1)

High Court.

District Court - Procedure - Summons signed by District Court Clerk - Summons signed by Peace Commissioner - Validity - Illicit Distillation (Ir.) Act, 1831 (1 & 2 Wm. 4, c. 55), sects. 16, 32 and 36 - Petty Sessions (Ir.) Act, 1851 (14 & 15 Vict. c. 93), sect. 11 - Courts of Justice Act,1924 (No. 10 of 1924) sect. 91 - Court Officers Act, 1926 (No. 27 of 1926)sect. 48 - District Court Rules, r. 12

By sect. 32 of the Illicit Distillation (Ir.) Act, 1831 (1 & 2 Wm. 4, c. 55) it is provided:—"That where any complaint shall be made to any Justice or Justices of the Peace for the recovery of any penalty under this Act . . . the Justice or Justices to whom such complaint shall be made is and are hereby authorised and required to summon the party accused to appear before him or them. . . ." Sect. 36 provides: "That where any complaint for the recovery of any penalty under this Act shall be made to any Justice or Justices of any county in which the holding of Potty Sessions shall be established . . . such Justice or Justices may and is hereby required to summon the party accused to appear before the Justices assembled at the next Potty Session to be holden for the District. . ."

By sect. 11 of the Petty Sessions (Ir.) Act, 1851 (14 & 15 Vict. c. 93) it is provided that:—"The manner in which persons against whom any informations or complaints . . . shall have been received by any Justice shall be made to appear to answer the same shall be subject to the following provisions. . . . In all eases of summary jurisdiction the Justice may issue his summons directed to such person, requiring him to appear and answer to the complaint . . . and each such summons . . . shall be signed by the Justice or one of the Justices issuing the same. . . ."

Sect. 48, sub-sect. 1, of the Court Officers Act, 1926, provides that:—"Every district court clerk . . . shall have and exercise all such powers and authorities and perform and fulfil all such duties and functions in relation to the District Court . . . as shall from time to time be conferred or imposed on him by statute or rule of court. . . ."

Rule 12 of the District Court Rules made in pursuance of the power conferred on the rule-making authority by sect. 91 of the Courts of Justice Act, 1924, provides that: "Each summons shall be signed by the...