John Lawless v The Commissioners of Police

• Jurisdiction: Ireland
• Judgment Date: 26 November 1849
• Date: 26 November 1849
• Court: Queen's Bench Division (Ireland)

Queen's Bench

JOHN LAWLESS

and

THE COMMISSIONERS OF POLICE.

The Justice of the Peace for the county of Bedford 1 Chit. Rep. 627.

Dominus Rex v. Smith 1 Stra. 126.

Welch v. Richard ClerkENR Barnes, 468.

Cooper v. BoothENRENR 3 Esp. 135; S. C., nom. Cooper v. Boot, 4 Doug. 339.

The King v. The Nottingham Old Water-works Company 6 A. & E. 370.

The Queen v. The Lord Mayor of London 5 Q. B. 555.

CASES AT LAW. 367 M. T. 1849. Queen's Bench JOHN LAWLESS v. THE COMMISSIONERS OF POLICE. Nov. 16, 21, 26. O'CALLAGHAN, on behalf of John Lawless of Sandymount, in the The statute 11 & 12 Vic. c. 82 county of Dublin, applied for a conditional order that a writ of authorises a Justice to issue mandamus do issue directed to George Browne, Justice of the his warrant to an Inspector of Peace for and of the Metropolitan District of Dublin Police, corn- Constabulary, empowering manding him to produce or cause to be produced to the said John him to enter a house and seize Lawless, or his attorney, the information or informations upon oath any papers which afford given to him as Justice of the Peace as aforesaid, on or before the evidence of of o g n ldi o h the th 21st day of September last, upon and by reason of which he, as any society of treasonable such Justice, issued to Edward Dundon, then Sub-inspector or a tre or a seditious Head-constable of the Dublin Metropolitan Police, a certain warrant character, if informations authorising and empowering him to search for certain papers in the on oath are given to such dwelling-house of said John Lawless, at Sandymount; and by virtue Justice that there is cause and in pursuance of which warrant Edward Dundon, with two other for believing that any soci - constables of or belonging to the Dublin Metropolitan Police, on the ety within the meaning of the 21st day of September last entered into the dwelling-house of John Act is held or about to be Lawless, and then and there searched for papers ; and further corn- held, or any manding him, upon such production to John Lawless or his attorney pasesresomnbsiemdet oorr, of such information or informations as aforesaid, to permit John oarboausstemtoblmeefeotr Lawless or his attorney not only to inspect and read such infor- or treasonable pur- mation or informations, but also to take, at the expense of John poses.-Held, that a manda- Lawless, a copy of the same, if John Lawless or his attorney, to mus will not be granted to whom same shall be so produced, shall think proper so to do, unless compel the Justice to pro he should, within ten days after the service upon him of the order duce such inÂformations of the Court, show cause ; or for such other order, &c. This appli- when the affiÂdavit to ground cation is made...