Attorney General v Callaghan
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1937 |
| Date | 01 January 1937 |
| Court | High Court (Irish Free State) |
Offence charged under Illicit Distillation (Ir.) Act, 1831 - Summons - Accused summoned to appear more than fourteen days from date of summons - Validity of summons - Illicit Distillation (Ir.) Act, 1931 (1 2 Wm. 4, c. 55), ss. 27 and 32 - Illicit Distillation (Ir.) Act, 1857 (20 21 Vict. c.40), s. 6 - Petty Sessions (Ir.) Act, 1851 (14 15 Vict. c. 93), s. 12, par. 3 - Rule 15, District Court Rules.
Section 32 of the Illicit Distillation (Ir.) Act, 1831, provides that where any complaint shall be made to any Justice or Justices of the Peace for the recovery of any penalty under the Act, the Justice or Justices to whom such complaint shall be made is and are authorised and required to summon the party accused to appear before him or them on a day and at a time and place to be named in such summons, not being less than six nor more than fourteen days from the date of such summons. Section 6 of the Illicit Distillation (Ir.) Act, 1857, provides that all proceedings under the Illicit Distillation (Ir.) Act, 1831, "shall be conducted, and all penalties and costs under the same shall be sued for, levied, and recovered, as by the Petty Sessions (Ir.) Act, 1851, is directed and provided, anything in the said Act . . . to the contrary notwithstanding."Section 12, par. 3, of the Petty Sessions (Ir.) Act, 1851, provides that "Every summons shall be served . . . a reasonable time before the hearing of the complaint." Rule 15 of the District Court Rules provides that "Every summons shall be served . . . seven days at least before the hearing of the complaint . . . Every summons shall be lodged with the Clerk for entry three days before the day fixed for the hearing." The respondent was charged with being the owner of, or interested in, a still, contrary to s. 27 of the Illicit...
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