Minister for Agriculture v O'Connell

• Jurisdiction: Ireland
• Judgment Date: 16 November 1942
• Date: 16 November 1942
• Court: Supreme Court

(S.C.),

Minister for Agriculture

and

O'Connell

Orders made thereunder - Tillage Orders - Act to be in force for one year - Act continued in force by subsequent Acts - Order legislating for period longer than Act in force at date of making of Order -Validity of Order - Act authorising the Government by Order to suspend the operation of any enactment for the time being in force - Government Order suspending the operation of s. 10, sub-s. 4, of the Petty Sessions (Ir.) Act, 1851 -Time limited under that sub-section for bringing a summons to six months from time when cause of complaint has arisen - Whether Order effective as regards summons issued before Order made and when the six months period had elapsed - Retrospective effect of Order - Validity of Order -Emergency Powers Act, 1939 (No. 28 of 1939) -Emergency Powers (Continuance) Act, 1940 (No.18 of 1940) - Emergency Powers (Continuance and Amendment) Act, 1942 (No. 19 of 1942) -Petty Sessions (Ir.) Act, 1851 (14 15 Vict. c. 93), s. 10, sub-s. 4 - Emergency Powers (No.53) Order, 1940 (Stat. R. Or., 1940, No. 307) -Emergency Powers (No. 53) Order, 1940 (Amendment) Order, 1941 (Stat. R. Or., 1941, No. 5) -Emergency Powers (No. 178) Order, 1942 (Stat. R. Or.; 1942, No. 174).

By the Emergency Powers (No. 53) Order, 1940, made on the 22nd October, 1940, as amended by the Emergency Powers (No. 53) Order, 1940 (Amendment) Order, 1941, made on the 7th January, 1941, the occupier of a holding to which the Order applied was required to cultivate in the year 1941 a certain portion of the area of such holding. The said Orders were made under the provisions of the Emergency Powers Act, 1939, as continued in force by the Emergency Powers (Continuance) Act, 1940. The Act of 1939 provided that it should continue in force until the expiration of twelve months from the date of the passing thereof (3rd September, 1939) and should then expire unless the Oireachtas otherwise determined. The Emergency Powers (Continuance) Act, 1940, which was passed on the 10th July, 1940, provided that the Act of 1939 should, unless previously determined by Order of the Government, continue in force until the 2nd September, 1941, and should then expire unless the Oireachtas otherwise determined. Therefore when the Emergency Powers (No. 53) Order, 1940, was made the Act of 1939, as extended by the Act of 1940, was only continued in force until the 2nd September, 1941. Subsequently the Emergency Powers (Continuance) Act, 1941, passed on...