Eliza Dillon

• Jurisdiction: Ireland
• Judgment Date: 17 November 1859
• Date: 17 November 1859
• Court: Queen's Bench Division (Ireland)

Queen's Bench

In the Matter of ELIZA DILLON.

232 COMMON LAW REPORTS. E. T. 1859. " undertaking given, the Court admitted the prisoner to bail." And Queen's Bench in Regina v. Owen (a), one of the witnesses being a person convicted THE QUEEN of bigamy, and then incompetent as a witness, an application was V. 314CARTIE. made to the Court, on the part of the prosecution, to postpone the trial till the next Assizes, in order to allow of a pardon being sought for to render the witness competent ; and the trial was accordingly postponed, and the prisoners remained in custody. Upon the whole, as to the cases before us, our decision will be, as to the case of the prisoners in gaol at Cork, " no rule," the Court being equally divided in opinion ; and as to the case of the Kerry prisoners, we are all of opinion that the motion should be refused. (a) 9 Car. & P. 83, 86. M. T. 1859. Nov. 12, 17. Where a pub- APPLICATION for a conditional order, under the 20 & 21 Vic., haat applies to Magistrates, c. 43, s. 5, directing the Divisional Justices of the College-street sitting at Petty Sessions, for a District of the Dublin Metropolitan District to state a case for the renewal of his license, under opinion of one of the Superior Courts of Law, pursuant to the provi 17 & 18 Vic., . 89, and sions of that statute. It appeared from the affidavit of Eliza Dillon c , 18 & 19 Vic., upon which the application was grounded, that she was the pro- c. 62, which application is prietor of a licensed public-house, with a field attached thereto, in refused, upon the ground that Donnybrook. That said house and field formed part of the fair the applicant's house had not green of Donnybrook, upon which, under a patent granted by King been properly conducted dur- John, a fair had been held annually until 1855, in which year the ing the pre-' mug year, rights under the patent were bought up and the fair suppressed. this is not a case in which That the said field, save for the erection of tents for the sale of the Superior Court will direct the Magistrates to state a case under the 20 & 21 Vic., c. 43, sec. 5 ; it being neither " an information or complaint" within the meaning of that statute, but a matter of fact to be ascertained by the Justices ; the applicant's course, if aggrieved, is to appeal from the decision of the Magistrates to the Quarter Sessions, or (if in Dublin) to the Recorder. Per HAYES, J.-The term "information" means the initiatory step in proÂÂceedings of a criminal nature, which are to be disposed of summarily ; the term " complaint " designates the initiatory step in summary proceedings of a civil nature. COMMON LAW REPORTS. 233 drink, was never used as part of the licensed premises, although in M. T. 1859. ueen's Bench 18,56 it was entered as part of the premises on which deponent would Q In re carry on her business. That an application having been made, DILLON. about the 10th of October 1859, to the Divisional Justices of the district, of Donnybrook, for a certificate of the good character of deponent, and of the peaceable and orderly manner in which her house had been conducted during the past year, the same was opÂÂposed on behalf of the Secretary for Ireland and the Police CommisÂÂsioners generally. That, it being required by the Act in question that the complaint should be made by some particular person, who should be the respondent in future proceedings, one of the superinÂÂtendents of the Metropolitan Police was nominated, and his name duly recorded as being the person opposing the said certificate being granted. That the case having been heard before the said Divisional Justices on the 8th November inst., they gave judgment refusing the certificate, on the ground that the said licensed premises 'had not been conducted in a peaceable and orderly manner during the past year. That deponent, having been advised that the judgment of the Justices was erroneous...