R (Alexander) v Circuit Judge for Cork

CourtSupreme Court
Judgment Date19 Dec 1925
H. C.,
S. C.,
R. (Alexander)
Circuit Judge of Cork

Workmen's Compensation Act, 1906 - Accident causing death of seaman - Dependant resident in Irish Free State - British ship - Owners resident in England - Ship not within the territorial limits of Irish Free State - Claim for compensation - Circuit Court - Prohibition - Legislative powers of the Irish Free State - Validity of laws affecting foreigners - Application of maxim, "Extra territorium jus dicenti impune non paretur" - Workmen's Compensation Act, 1906 (6 7 Edw. VII., c. 58), ss. 2, 7, 8, 11; Sch. I., Art. 18; Sch. II., Arts. 11, 18 - Irish Free State (Agreement) Act, 1922 (12 Geo. V., c. 4), s. 1; Sch., Arts. 1, 17, 18 - Irish Free State Constitution Act, 1922 (Session 2) (13 Geo. V., c. 1), s. 1, Sch. - Irish Free State (Consequential Provisions) Act, 1922 (Session 2) (13 Geo. V., c. 2), s. 6 - Constitution of the Irish Free State (Saorstt Eireann) Act, 1922 (No. 1 of 1922), ss. 1, 2, Sch. I., Arts. 2, 12, 64, 65, 66, 73, 75, 83; Sch. II., Arts. 1, 17, 18 -Adaptation of Enactments Act, 1922 (No. 2 of1922), ss. 3, 11 - Courts of Justice Act, 1924 (No.10 of 1924), ss. 37, 51 - Consolidated Workmen's Compensation (Ireland) Rules, 1917 (Stat. R. O. 1917, No. 529), Rules 14, 81, 83 - Provisional Government (Transfer of Functions) Order, 1922 (Stat. R. O. 1922, No. 315) - Irish Free State (Consequential Adaptation of Enactments) Order, 1923 (Stat. R. O. 1923, No. 405).

A seaman, one of the crew of a British ship registered at the Port of London, was washed overboard and drowned at sea. The ship was owned by an English company, having its registered office in London, and having no place of business or agent in the Irish Free State. The contract of service between the owners of the ship and the seaman was entered into at Cardiff, in Wales. The ship was never at any material time, within the territorial limits of the Irish Free State. The seaman's mother, who resided in Cork, claimed compensation under the Workmen's Compensation Act, 1906, as a dependant of the deceased, and filed a request for arbitration under that Act, to be heard by the County Court Judge of Cork (East Riding), relying on r. 81 (2) (iii) of the Consolidated Workmen's Compensation (Ireland) Rules, 1917, which provides that in the case of an accident occurring at sea the matter may be heard by the Judge of the County Court in the division in which the dependants of the workman who claim...

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