Boyle v Murphy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Circuit Court

(Cir. Ct.),

Boyle

and

Murphy

Bye-laws - Approval of Recorder of Dublin required by statute - Condition precedent to validity - Proof.

A statute, which provided for the making of bye-laws, specified that such bye-laws when made should be approved by the Recorder of Dublin prior to their being brought into force. Held, in a criminal prosecution based on an alleged breach of the said bye-laws, that in order to sustain a conviction the giving of such approval must be proved as a matter of fact.