R(Maguire) v The Justices of The County of Dublin

• Jurisdiction: Ireland
• Judgment Date: 19 November 1885
• Date: 19 November 1885
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before O'BRIEN and JOHNSON, JJ.

REG.(MAGUIRE)

and

THE JUSTICES OF THE COUNTY OF DUBLIN

Reg. v. The Justices of Dubhin Ir. R. 5C. L. 548.

R. (Donegan) v. The Justices of County of WicklowUNK 16 Ir. C. L. R. 23.

14 & 15 Vict. c. 92,s. 24; Reg. v. King 14 C. C. C. 434.

Chaney v. Payne 1 Q. B. 712.

(Donegan, v. The Justices of County of Wicklow)UNK 16 Ir. C. L. R. 23.

Ex- parte Hookey; in re Risca Coal and Iron Company 4 Dc G. F. & J. 456.

Reg. v. South Holland Drainage Committee 8 A. & E. 429.

Reg. v. BassENR 5 T. R. 251.

R. v. Justices of WicklowUNK 16 Ir. C. L. R. 23.

Justices — Order — Fine, or, in default, imprisonment — Warrant to issue ——

Q. B. Div. have settled between themselves, until the order was pronounced 1885. in open Court there was no order. The pronouncing of the order THE QUEEN before any entry of it is the order. Up to that time the judgÂe. JUSTICES or ment was revocable, for it lay in the minds of the Justices only. Co. Coils. In order to make a legal judgment there must be the continued concurrence of the same four minds which had been applied to the inquiry, testified by the presence of the Justices ; otherwise two might have changed their minds, or two might die, so as to destroy the consent given. This is the final and fatal point in the order. The sentence is illegal, and cannot be carried out. The rule, therefore, will be made absolute, notwithstanding the cause shown. Solicitor for the Justices : Tim. V. Grew. Solicitor for Sullivan : Healy. Q. B. Div. REG. (MAGUIRE) r. THE JUSTICES OF THE COUNTY 1885. OF DUBLIN (1). Nov. 16, 19. Justices-Order-Fine, or, in default, imprisonment-Warrant to issue-ConÂtagious Diseases Animals Act, 1878, ss. 60, 61-Imperfect entry in Order Book. M. was prosecuted at Petty Sessions, upon two summonses, by the Guardians of the B. Union, under the Contagious Diseases Animals Act, 1878, for moving into a district under their control certain cattle from a district declared to be infected, without having obtained a license for such removal. After the evidence had concluded, the Chairman announced that the MagisÂtrates were of opinion that the charge was proved, and that a fine of £50 altoÂgether would be imposed-£25, with £1 costs, in each ease-and in default of payment within fourteen days, imprisonment for one month for each offence. The minute in the Order Book (2), in column 7, headed " Particulars of Order or Dismissal" was, in each case : "Fined £25, and costs £1, one-third to (1) Before O'BarEbr and Joussos, tenant and Privy Council, tinder 14 & JJ. 15 Yid. c. 93, s. 36. (2) Form approved of by Lord Lieu VOL. XVIII.] Q. B., C. P., & EX. DIVISIONS. the Guardians, or, in default, one month's imprisonment. Warrant to issue ; but columns 9, 10, 12, 13 and 14 were not filled up. The orders were not made up as convictions, and no warrant had been issued in consequence of an intimation by M. that he intended to apply for a cerÂtiorari. A conditional order for a certiorari having been obtained, on the grounds, amongst others, that the Orders were ex facie bad, uncertain, and alternative, and that they left to M. the option of electing between fine and imprisonment, and that therefore the Magistrates failed to exercise the discretion as to which punishment should be inflicted under the 61st section of the Contagious Diseases Animals Act, 1878 :- Held, that such objections to the Orders were not, under the circumstances, tenable, and that the conditional order for a certiorari should be discharged. B. (Dmegan) v. Justices of Wicklow (16 Ir. C. L. R. 23) distinguished. MOTION to make absolute a conditional order for a certiorari to bring up and quash two orders of the Justices of the county Dublin. The facts appearing on the affidavits were as follows : On the loth of June, 1885, John Maguire, as defendant, was served with two summonses at the suit of " The Guardians of Bal - rothery Union," as complainants, requiring him to attend at the Petty Sessions to be held at Swords, in the county Dublin, on the 13th of June, 1885. The first summons charged that the " deÂfendant, within time week ending on the 2nd of May, 1885, with intent to unlawfully evade the Contagious Diseases Animals Act, 1878, and the order in Council made pursuant thereto, did mov e into said district, to wit, Balheary Damesue, Swords, from. an inÂfected place in another district, to wit, a yard in Mountjoy-street, in the city of Dublin, forming part of an area under the control of the Guardians of the North Dublin Union, certain cattle, to wit, sixty-five cows, without having a license so to do, as required by law in that behalf." One of the witnesses examined was Mr. Murphy, Veterinary Surgeon, who stated that he was inspector under the Contagious Diseases Animals Act, 1878, to the Guardians of the North Dublin Union, as the local authority for its administration, that he knew Maguire, and also knew that he had a yard at MountjoyÂstreet, in the city of Dublin, which he visited from time to time, 108 LAW REPORTS (IRELAND). Q. B. Div. and found cattle in it suffering from pleuro-pneumonia, some of 1885. which were killed by his directions from time to time ; that the Thz QUEEN yard was under restrictions, and that he had served certain docuÂv. JUSTICES OF ments at Maguire's residence ; that the yard would remain under Co. DUBLIN. restrictions for fifty-six days from that date, during which period Maguire could not lawfully remove his cattle without a license of the local...