Ex parte Charles Edward Seymour v Michael Davitt ex parte Patrick Bearns v T. M. Healy, M. P. ex parte Charles E. Seymour v P. J. Quinn

• Jurisdiction: Ireland
• Judgment Date: 24 January 1883
• Date: 24 January 1883
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before MAY, C. J., LAWSON and BARRY, JJ.

EX PARTE CHARLES EDWARD SEYMOUR

and

MICHAEL DAVITT

EX PARTE PATRICK BEARNS

and

T. M. HEALY, M. P.

EX PARTE CHARLES E. SEYMOUR

and

P. J. QUINN

Reg. v. Mallinson 16 Q. B. 367.

Haylock v. Sparke 1 Ell. & B1. 471.

Reg. v. Dunn 12 A. & E. 599.

Reg. v. DohertyENR 13 East. 171.

Reg. (Reynolds) v. Justices of CorkUNK 10 L. R. Ir. 1.

Reg. (Feehan) v. The Justices of Queen's County Ibid. 294.

The Queen v. The Justices of the Queen's County Ibid. 294.

Sureties of good behaviour Original jurisdiction of the Queen's Bench 34 Edw. 3, c. 1 10 & 11 Car. 1, c. 10 (Ir.)

46 LAW REPORTS (IRELAND). [L. R. I. EX PARTE CHARLES EDWARD SEYMOUR v..MIC1TAEL DATITT (1). Ex PARTE PATRICK BEARNS v. T. M. HEA LY, M. P. Ex PARTE CHARLES E. SEYMOUR v. P. J. QUINN. Sureties of good behaviour-Original jurisdiction of the Queen's Bench-34 Edw. 3, c. 1-10 4. 11 Car. 1, c. 10 (Ir.) Notices were served on D. H. and Q., of applications to the Queen's Bench Division, requiring them to find sufficient sureties to be of good behaviour towards Her Majesty and all Her Majesty's subjects, or in default that they should be committed to prison. These applications were made in consequence of certain speeches delivered by D. H. and Q. at public meetings held in the counties of Meath and Carlow, in the interests of the Irish National League. The affidavits on which the applications were grounded deposed to the existence for some years preceding of an agrarian agitation in various parts of Ireland, including the counties of Meath and Carlow ; that in consequence thereof great excitement prevailed ; and that a combination had been set on foot against the payment of rent; and that numerous crimes and outrages had. been committed in various parts of the country. It was further stated, that at a public meeting in the county of Meath, attended by upwards of 4000 persons, D., in addressing the meeting, after condemning the system of using large portions of land for grazing, said :-" Unless wise and just legislation should prevent its necessity, the time will come when the starving people of Donegal and Connemara will be told to march down in their serried phalanxes upon the plains, and seize the lands upon which to live like civilized beings in a Christian country ; " " I propose that, in case Mr. Gladstone does not apply the surplus of the Arrears Act estimates to save the people, no rent should be paid from November till next May ; that out of this sum a portion should be placed in the National Relief Fund to save our starving people from starvation." H., at a meeting in the county of Carlow, held for the purpose of founding a branch of the " National League," described the`Government as simply " a system of land piracy ; " "an organizaÂÂtion against the will of the people ; " " an organization of so many pirates and so many brigands." " It," i.e. the Government, " was entitled to the same moral respect as a cutpurse who held a revolver at your head and said to you, Your money or your life." Q. addressed a public meeting in Meath, also held for the establishment of a branch of the "National League," in which (1) Before MAY, C. J., LAwsort and BARRY, JJ. VoL. Q. B., C. P., & DIVISIONS. 47 he described himself as a rebel, spoke hopefully of the resuscitation of a former Q. Div.. organized body known as the Land League, and which after a period of active 1882: operation, had been proclaimed as illegal by the Government; and finally Ex parte exhorted the farmers not to pay any rent. Q. made an affidavit, in which SEYMOUR he stated that the report of his speech relied on in support of the application V. was not a full Sr accurate report. No affidavit was made by either D. or H.; DANTIT. nor did any of the parties summoned offer any apology, or promise to abstain from similar conduct in the future. It was argued on behalf of Q. (who appeared by counsel), that the Queen's Bench Division had no jurisdiction in the matter of the applications, the jurisdiction to order persons to find sureties for good behaviour having been created by the 34 Edw. 3, c. 1, and conferred only on the justices thereby directed to be appointed :-- Held, that the Queen's Bench Division, as conservators of the peace, have original jurisdiction independently of the statute of Edw. 3, to require sureties for good behaviour from persons whose acts or language are shown to be likely to endanger the public peace ; and Held, also, that these were proper eases in which to exercise that jurisdiction. Reg. (Reynolds) v. The Justices of Cork (10 L. R. Ir. 1) and Reg. (Feekan) v. The Justices of the Queen's County (10 L. R. Ir. 294) apÂÂproved of. IN these several cases applications were made by Charles , C. Seymour, a sub-inspector of the Royal Irish Constabulary, and Patrick Beams, a head-constable of the Royal Irish Constabulary, for orders requiring Messrs. Davitt, Healy, and. Quinn to find sufficient sureties, to be of. good behaviour towards Her Majesty the Queen, and towards all Her Majesty's subjects, and that in default of finding such sureties they should be committed to prison for such time as to the Court should seem fit. The facts of the cases sufficiently appear in the judgments. The Attorney-General (Porter, Q. C.) (with him The Solicitor- 1883. General, James Murphy, Q. C., T. P. Law, Q. C., and. j; N. Jan. 16. Gerrard), in support of the applications : In these cases there are two questions for the consideration of the Court :-First, has the Court the preventive jurisdiction which it is now asked to exercise ? secondly, are the present proper cases for its exercise ? This preventive jurisdiction has been exercised very recently by the magistrates' Courts throughout the country, and with the sanction of this Court : R. (Reynolds) v. The Justices 48 LAW REPORTS (IRELAND). [L. R. I. Q. B. Div. of Cork (1) ; R. (Feehan) v. The Justices of the Queen's County (2). 1883. The jurisdiction was conferred on the magistrates by the 34 Edw. _Ex parte 3, e. 1 (3). Under it the justices were given power to bind over SE 11{OUR v. such persons as " be not of good fame." It might be contended. DAVITT. that the jurisdiction conferred on the justices by that statute was not conferred upon this Court; but all doubt on this subject is removed by referring to the statute of 21 Jac. 1 (Eng.), the correÂÂsponding statute in Ireland being the 10 & 11 Car. 1, a. 10, which expressly recognizes the jurisdiction in this Court. The mode of proceeding under the Act of 34 Edw. 3 is regulated by the Act of 10 & 11 Car. 1, e. 10. The latter statute did not confer any new jurisdiction : it enacted that " all process of the peace or good (1) 10 L. R. Ir. 1. (2) Ibid. 294. (3) The following are the statutes referred to : 34 Edw. 3, c. 1.-" That in every county of England shall be assigned for the keeping of the peace one lord, and with him three or four of the most worthy in the county, with some learned in the law, and they shall have power to restrain the offenders, rioters, and all other barrators, and to pursue, arrest, take, and chastise them according to their trespass or offence, and to cause them to be imÂÂprisoned and duly punished according to the law and customs of the realm, and according to that which to them shall seem best to do by their disÂÂcretions and good advisement; and also to inform them, and to inquire of all those that have been pillors and robbers in the parts beyond the sea, and have now come again and go wanÂÂdering, and will not labour as they were wont in times past, and to take and arrest all those that they may find by indictment or by suspicion, and to put them in prison, and to take of all them that be not of good fame where they shall be found, sufficientsurety and mainprise of their good behaviour towards the king and his. people, and the other duly to punish, to the intent that the people be not by such rioters or rebels troubled nor endamaged, nor the peace blemished, nor merchants nor others passing by the highways of the realm disturbed, nor put in the peril which may hapÂÂpen of such offenders," &c. 10 & 11 Car. 1, c. 10 (Ir.), s. 1.- " Whereas divers turbulent and conÂÂtentious persons, some out of malice, and others in. hope of gain by way of composition, do oftentimes, upon their corporal oaths, peremptorily and corruptly taken, or otherwise upon false suggestions and surmises, procure proÂÂcess of the peace or good behaviour out of His Majesty's Courts of Chancery and King's Bench against divers of His Majesty's quiet subjects, whose dwellings and abodes are, for the most part, in countries far distant and reÂÂmote from the said Courts, to their inÂÂtolerable trouble and vexation, whereÂÂas they might, upon good cause showed, receive justice at the hands of the justices of the peace in the counties where they dwell. For remedy whereÂÂof, be it enacted that all process of VOL. XII.] Q. B., C. P., & EX. DIVISIONS. behaviour to be granted or awarded out of the Courts of Chancery or Queen's Bench against any person or persons whatsoever should be void and of no effect, unless such process should be so granted or awarded upon motion made before the Judges sitting in open Court," upon oath, and the complaint being...