Reilly (The State) v Circuit Court Judge of the Midland Circuit and the District Justice for Portlaoighise

• Jurisdiction: Ireland
• Judgment Date: 16 March 1936
• Date: 16 March 1936
• Court: High Court (Irish Free State)

The State (Reilly) v. Circuit Court Judge of

THE STATE (at the prosecution of Thomas Reilly)

and

THE CIRCUIT COURT JUDGE OF THE MIDLAND CIRCUIT and THE DISTRICT JUSTICE FOR THE DISTRICT COURT AREA OF PORTLAOIGHISE

District Court - Jurisdiction - Prescribed District Court Areas - Forum in relation to residence of defendant - Certiorari - Discretion of the Court - Courts of Justice Act, 1924 (No. 10 of 1924), sects. 67, 68, 79 - Court Officers Act, 1926 (No. 27 of 1926), sect. 47 - District Justices (Temporary Provisions) Act, 1923 (No. 6 of 1923), sect. 3 - District Court (New Districts) Orders, 1927 (Stat. R. and Or., 1927. No. 102) - District Court Rules, rr. 4, 63, 186.

Defendant was served with thirteen complaint summonses to pay the amount of thirteen surcharges, certified by the complainant (an auditor of the Local Government Board) to be due by him to a Board of Health. Defendant lived in the District Court area of Abbeyleix and the summonses commanded him to appear at the District Court for the Portlaoighise District Court area. Defendant contended that the District Justice had no jurisdiction to hear the summonses as they were brought in the wrong District Court area. The District Justice overruled the objection, heard the summonses and made orders against the defendant for the payment of the sums claimed. Defendant appealed to the Circuit Court Judge who affirmed the orders of the District Justice. Defendant obtained a conditional order for certiorari to quash the orders of the District Justice and of the Circuit Court Judge.

Held that the conditional order must be made absolute as the District Justice had no jurisdiction to hear the summonses in any District Court area other than that in which the defendant ordinarily resided or carried on any profession, business, or occupation.

Certiorari.

The defendant was served with thirteen complaint summonses to pay the amount of thirteen surcharges, certified by the complainant, Mary Browner, Local Government Auditor, to be due by him to the Laoighis Board of Health and Public Assistance, and amounting in all to £5718 18s. 7d. The defendant had been for thirteen years Secretary to the said Board and their predecessors until the 26th March, 1934. The defendant lived at Oatlands in the District Court area of Abbeyleix in the County of Leix and the summonses commanded him to appear at the District Court for the Portlaoighise District Court area. The defendant did not, since June, 1925, carry on any profession, business or occupation in the District Court area of Portlaoighise. At the hearing in the District Court the solicitor for the defendant objected that the District Justice had no jurisdiction to heal and determine the summonses on the ground that they were brought in the wrong District Court area. The District Justice over-ruled this objection and thereupon the defendant and his solicitor took no further part in the proceedings, and the District Justice made orders against the defendant for the amounts claimed in the summonses. From these thirteen orders the defendant appealed to the Circuit Court Judge. Upon the hearing of the appeals the objection was again taken by counsel on behalf of the defendant that there was no jurisdiction to hear and determine the summonses. The Circuit Court Judge overruled the objection, whereupon counsel and solicitor for the defendant took no further part in the...