Ganley and Others v Minister for Agriculture

JurisdictionIreland
CourtHigh Court
Judgment Date13 March 1950
Date13 March 1950
Ganley and Others v. Minister for Agriculture
JOHN GANLEY and OTHERS
Applicants
and
The MINISTER FOR AGRICULTURE
Respondent.

Fisheries Acts - Practice - Appeal against bye-low - Extension of time for appeal - Jurisdiction of the High Court - Fisheries Act 1925 (No. 32 of1925), s. 28, sub-ss. 4 and 5 - Courts of Justice Act, 1936 (No. 48 of 1936),s. 10 - Fisheries Act, 1939 (No. 17 of 1939). s. 35.

Summary Summons.

The Minister for Agriculture, by virtue of the powers conferred upon him by s. 35, sub-s. 3, of the Fisheries Act, 1939, made a bye-law, which was dated the 12th August, 1949, and which was duly published in Iris Ofigiúil on the 19th August, 1949. The applicants, alleging that they were persons aggrieved by the bye-law, issued an originating summons, on the 12th October, 1949, seeking an order that the bye-law be annulled.

At the hearing before Kingsmill Moore J. the applicants applied for an order extending the time for appeal, which is limited by s. 28, sub-s. 4, of the Fisheries Act, 1925, to one fortnight from the publication of the bye-law in Iris Ofigiúil.

The limitation of time within which a person aggrieved by a bye-law made by the Minister, under the Fisheries Acts, may appeal to the High Court, under s. 28, sub-s. 4, of the Fisheries Act, 1925, is a statutory limitation, and the High Court has no jurisdiction to extend the time so limited.

So held by Kingsmill Moore J.

Kingsmill Moore J.:—

The time within which an appeal against a bye-law made pursuant to the Fisheries Act, 1925, may be brought, is limited to a fortnight from the publication of the bye-law in Iris Ofigiúil by the provisions of s. 28, sub-s. 4, of the said Act. This is a statutory time limit, and in my opinion, I have no power to extend it, notwithstanding that the appeal is now brought by summons before a High Court Judge in place of the tribunal provided for by the Act.

It has...

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