ROSCOMMON PRESENTMENT. Re ATHLONE BOAT CLUB. [Judges' Chamber.]

• Jurisdiction: Ireland
• Judgment Date: 04 June 1877
• Date: 04 June 1877
• Court: Unspecified Court

Judges' Chamber.

ROSCOMMON PRESENTMENT.

IN RE ATHLONE BOAT CLUB.

In re a Galway Presentment Case Jebb, Cas. Res. 71.

In re Fitzpatrick Ir. Cir. R. 819.

Von. XL] COMMON LAW SERIES. 237 In result, therefore, 'the Plaintiff's rule will be discharged ; Exchequer. the Defendants' rule, so far as it seeks to enter the verdict for the 1877. Defendants, will also be discharged; but the damages will be re- GORMAN . V duced from £250 to £179, pursuant to the leave reserved. THE HAND IN HAND FITZGERALD, DEASY, and DOWSE, BB., concurred. IN SCE. Co. The s conditional order discharged; the DeÂfendants' conditional order absolute to reduce the damages, but otherwise discharged. Attorney for the Plaintiff : W. F. Littledale. Attorney for the Defendants : H. V. Coklough. ROSCOMMON PRESENTMENT. IN RE ATHLONE BOAT CLUB. A pleasure rowing boat does not fall within s. 135 of the Grand Jury Act (6 & 7 Wm. 4, c. 116). THE following case was reserved by MAY, C. J., for the opinion of the Judges :- " At the Roscommon Spring Assizes, 1877, a presentment for malicious injury, under the 6 & 7 Wm. 4, e. 116, s. 135, was passed by the grand jury, subject to my opinion whether the subject of such injury (a pleasure boat) fell -within the provisions of the statute. It was conceded that all proper formaliÂties had been observed, and the presentment is in these words :- "No. 48. Spring Assizes, 1877, " Barony of Athlone, South, " 6 & 7 Wm. 4, c. 116, s. 135. " We present the sum of £30 to be levied off the parish of St. Peter's, in this barony, to be paid to the Treasurer, and by him to Patrick J. Lyster, Secretary, Athlone Boat Club, to compensate him for two boats and oars, the property of the said Club, maliciously damaged on the night of Sunday, SepÂtember 3, 1876, or early next morning, on the premises of the Club, in the parish of St. Peter's. Claimed £50 ; approved £30. To be levied off the parish of St. Peter's. " OICONOB DoN, Foreman. Von: XI. 238 THE IRISH REPORTS. [L .Tuclges' " I respited the fisting of such presentment until I should obtain the opinion "amber. of the Judges as to its legality. 1877. " I, therefore, request the opinion of the Judges as to whether a pleasure In re boat falls within the provisions of the said statute. THE " GEORGE A. C. MAY." ATHLONE BOAT Curs. " 20th April, 1877." Byrne, Q. C., was heard in...