R (Warden) v Inspectors of Irish Fisheries

• Jurisdiction: Ireland
• Judgment Date: 20 April 1898
• Date: 20 April 1898
• Court: Queen's Bench Division (Ireland)

REG. (WARDEN)

and

INSPECTORS OF IRISH FISHERIES

Q. B. Div.

Salmon Fisheries (Ireland) Acts—Fixed nets—Inquiry as to title—Mandamus —26 & 27 Vict. c. 114, s. 40.

Reg. (Reeves) v. Inspectors of Irish FisheriesUNK 20 L. R. Ir. 155.

The Queen (Coghlan) v. Inspectors of Irish FisheriesUNK [1896] 2 Ir. R. at p. 65.

The Queen v. Fisheries InspectorsIR [1896] 2 I. R. 40, 57.

The Queen v. Fisheries InspectorsIR [1896] 2 I. R. p. 66.

The Queen v. WallIR [1898] 2 I. R. 762, 769.

Von. II.] QUEEN'S BENCH DIVISION. 21 should be visited with the costs of the litigation for such a small Appeal. default. It seems to me that his client is peculiarly fortunate 1897. THEIR . A The position taken up by him was wrong all through ; and the G ssLOC11. effect of his erroneous contention has been to detain the plaintiffs' -- Holmes, L.J. vessel beyond the period in which she could have been discharged by reasonable diligence. rt would be indeed unfortunate if a shipÂowner who has been entirely in the right in the important matter in controversy, should be defeated by what I may call a series of accidental circumstances unconnected with the main issue. Solicitors for the plaintiffs : Illilicard Jones 4. Cameron. Solicitors for the defendant : Hamilton 4. Craig. G. Y. D. REG. (WARDEN) v. INSPECTORS OF IRISH Q. B. .Div. FISHERIES (1). 1898. April 20. Salmon Fisheries (Ireland) Acts—Fixed nets—Inquiry as to title—Mandamus —26 27 Vict. c. 114, s. 40. The Inspectors of Irish Fisheries granted a certificate in 1880, to F. C. B. of his right to use a fixed bag net in the river Sneem. In 1883 a lease of the fisheries in the river Sneem was made to " The Sneem (Co. Berry, Ireland) Oyster and Salmon Fisheries Company, Limited," for twenty-one years from November 1st, 1882. A. transfer of the certificate to J. F. B., then the manager of the Company, was signed by the Inspectors in 1889. The lauds in connexion with which the fishery was enjoyed were purchased in the Landed Estates Court in 1891 by the prosecutors. Shortly afterwards the Company went into liquidation, and was dissolved on the 17th June, 1893 ; and thereupon the lease granted in 1883, was struck out of the Landed Estates Court rental, and was not referred to in the conveyance to the prosecutors. The liquidator of the Company declined to execute a surrender of the lease after the dissolution of the Company. The original owners, by deed dated the 14th July, 1893, granted to the prosecutors the above-mentioned fisheries and the right to use the fixed net. In April, 1897, an application was made to the Inspectors for a transfer of the certificate to the prosecutors, but the Inspectors refused to comply with (1) Before PALLES, C.B., and O'BniEx and ANDREWS, 31. 22 THE IRISH REPORTS. [1699. Q. B. Div. this request until they should be satisfied that the lessee's interest in the lease 1898. of 1883 had determined. THE QUEEN On an application to make absolute a conditional order directing the V. Inspectors to execute the required transfer to the prosecutors :- PFIS INSPECTORS HERIES Held, that inasmuch as section 16 of 32 & 33 Vict. c. 33, imposing a O penalty, necessitates the obtaining of a certificate, mandamus will lie, notwithÂstanding the provisions of section 40 of 26 & 27 Viet. e. 114 (1), to compel the Inspectors of Irish Fisheries to hold an inquiry into an applicant's claim for such certificate. MANDAMUS. Motion to make absolute a conditional order for a writ of mandamus directed to the Inspectors of Irish Fisheries comÂmanding the Inspectors to issue a transfer of a certificate under the Fisheries (Ireland) Act, 1869, authorising the use of a fixed net in Kenmare Bay, then held by Francis Christopher Bland, to Agnes Warden, William Warden, and Charles Wallace Warden, or for the issue to the last-named persons of a new certificate authorising the use by them of such fixed net. The Inspectors of Irish Fisheries showed cause. It appeared from the affidavits that an inquiry was held under the provisions of the Fisheries (Ireland) Act, 1863, by the InÂspectors of Irish Fisheries ; that they were then satisfied that Mr. Francis Christopher Bland was the person entitled to the right of salmon-fishing in the river Sneem, and that a fixed bag net then in use in said river had been erected by him, in pursuance of the provisions of 5 & 6 Vict. c. 106, and that they accordingly granted a certificate dated the 10th January, 1880, certifying that Mr. F. C. Bland had the right to erect and use such fixed net. Mr...