Re Lord Listowel's Fishery At Beale

JurisdictionIreland
CourtQueen's Bench Division (Ireland)
Judgment Date29 January 1875
Date29 January 1875

Q. Bench.

Before WHITESIDE, C. J. FITZGERALD and BARRY, JJ.

IN RE LORD LISTOWEL'S FISHERY AT BEALE

Shiel, Resp.UNK Ir. R. 6 C. L. 510.

Lord Annaly's Case Q. B., 13th June, 1873, not reported.

The Queen v. The Justices of SurreyELR L. R. 5 Q. B. 466, 473.

Rex v. ClaceENR 4 Burr. 2458.

Rex v. EatonENR 2 T. R. 89.

Mayo PresentmentsUNK 14 Ir. C. L. R. 392, 401.

The Queen v. NewboroughELR L. R. 4 Q. B. 585, 589.

The Queen v. The Justices of SurreyELR L. R. 5 Q. B. 472.

Certiorari as of right — Mandamus —— Omission to appeal against — Delay —

46 THE IRISH REPORTS. [I. Exchequer. Blades v. Higgs (1) applies to this case, and I can come to no other 1874. conclusion than this, that an action of trover will lie for seaweed, BREW at suit of a person on -whose land it has been cast, against a tres- v. HA-av,N. passer on that land, who takes it, and converts it to his own use. I therefore concur with my brother Fitzgerald, that there was no misdirection, and that the verdict for the Plaintiff ought to stand. Conditional order discharged. Attorney for the Plaintiff : C. B. Moloney. Attorney for the Defendant: J. Hynes. IN RE LORD LISTO WEL'S FISHERY AT BEALE (2). Certiorari as of right-Mandamus--Order of the Commissioners of Fisheries-Omission to appeal against-Delay-Validity of order not slating on the face of it the ground of adjudication. The writ of certiorari does not go as of right save on the application of the Attorney-General in his official capacity ; but if a party directly aggrieved by the order of an inferior tribunal can show that it had no jurisdiction, or had in substance exceeded its jurisdiction, or was improperly constituted, the general course is to award the writ as of common right, unless the applicant has by his conduct forfeited that right or rendered it inexpedient that the Court should interfere. In 1864, the Commissioners of Fisheries, proceeding under the 26 & 27 Vict. c. 114, made orders declaring a certain weir and fixed net to be illegal and. ordering them to be removed ; and no appeal was taken against those orders, which were acted upon by the removal of the weir and net :-Held, in 1875, that the owner and party aggrieved was not entitled to a mandamus or a certioÂrari to question the validity of those orders, although they did not show upon the face of them the specific grounds upon which the Commissioners had adjudiÂcated. Semble, that it was not necessary for the Commissioners to set out on the face of the orders the specific grounds of their adjudication. MOTION, on behalf of the Earl of Listowel, for a conditional order for a mandamus, directed to...

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6 cases
  • De Roiste v Minister for Defence
    • Ireland
    • Supreme Court
    • 19 January 2001
    ... 1981 ILRM 439 VOZZA, STATE VO FLOINN 1957 IR 227 G V DPP 1994 1 IR 374 RSC O.84 r21(1) IN RE LORD LISTOWEL'S FISHERY AT BEALE 1875 IR 9 CL 46 REX V CLACE 6 BURR 2458 REX V EATON 2 TR 89 MAYO PRESENTMENTS 14 IR CLR 392 R V NEWBOROUGH LR 4 QB 585 8 MOD R 331 R V JUSTICES OF SURREY LR 5 QB ......
  • Re McBain
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    • High Court
    • 18 April 2002
    ...Industries v Attorney-General (Canada) [1976] 2 SCR 739. 130 [1991] 1 Qd R 170 at 177–178. 131In re Lord Listowel's Fishery at Beale (1875) Ir R 9 CL 46 at 133 McBain v The State of Victoria (2000) 99 FCR 116 (‘McBain’). 134 McBain (2000) 99 FCR 116 at 117 [1]. 135 McBain (2000) 99 FCR 1......
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    • Court of Appeal (Ireland)
    • 27 January 1909
    ...... Given under our seal this 18th day of September, in the year of our Lord one thousand nine hundred and eight. H. A. Robinson. ......
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    • Supreme Court
    • 1 January 1947
    ...... at the suit of David Nyhan, Inspector of the Bandon Board of Fishery Conservators, to attend at Bandon District Court on the 5th April, 1944, ......
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