The Guardians of The South Dublin Union, Complainants; v Daniel Jones, Defendant

• Jurisdiction: Ireland
• Judgment Date: 13 November 1883
• Date: 13 November 1883
• Court: Exchequer Division (Ireland)

Ex. Div.

Before DOWSE, B., and ANDREWS, J.

THE GUARDIANS OF THE SOUTH DUBLIN UNION,

COMPLAINANTS;

and

DANIEL JONES,

DEFENDANT

Peacock v. BeginaENR 4 C. B. (N. S.) 264.

Banks v. GoodwinENR 3 B. & S. 548.

Pennell v. Churchwardens of Uxbridge 31 L. J. Mag. Cas. 92; 8 Jur. N. S. 99.

Woodhouse v. Woods 29 L. J. Mag. Cas. 149; 6 Jur. N. S. 421.

Ashdown v. Curtis 31 L. J. Mag. Cas. 216; 8 Jur. N. S. 511.

Little v. DonnellyUNKIR I. R. 5 C. L. 1.

Great Northern Committee v. Inett ELR 2 Q. B. D. 284.

Peacock v. ReginaENR 4 C. B. (N. S.) 264.

Reg. v. SteelELR 2 Q. B. D. 37.

Reg. v. Fletcher Ibid. 43.

Mackintosh v. Lord AdvocateELR 2 App. Cas. 41.

Ashdown v. Curtis 31 L. J. Mag. Cas. 216; 8 Jur. N. S. 511.

Richardson v. Conway 15 Ir. C. L. R. App. v.

Little v. DonnellyUNKIR I. R. 5 C. L. 1.

Brown v. Shaw 1 Ex. Div. 475.

Peacock v. Reg.ENR 4 C. B. (N. S.) 264.

Woodhouse v. Woods 29 L. J. Mag. Cas. 149.

Ashdown v. Curtis 31 L. J. Mag. Cas. 216.

Peacock v. Reg.ENR 4 C. B. (N. S.) 264.

Richdrdson v. Conway 15 Ir. C. L. E. App. v.

Little v. DonnellyUNKIR I. R. 5 C. L. 1.

Mackintosh The Lord AdvocateELR 2 App. Cas. 41.

Great Northern Committee v. InettELR 2 Q. B. D. 284.

Case Stated by Justices Notice not served before appeal lodged Application to strike out of list for argument Absence of jurisdiction Costs Practice as to setting down Special Case 20 & 21 Vict. c. 43, s. 2 50th and 51st Gen.

868 LAW REPORTS (IRELAND). [L. R. L THE GUARDIANS OF THE SOUTH DUBLIN UNION, COMPLAINANTS.; DANIEL JONES, DEFENDANT (1) . Case Stated by Justices-Notice not served before appeal lodged-Application to, strike out of list for argument-Absence of jurisdiction-Costs-Practice as to setting down Special Case-20 4^ 21 Vict. c. 43, s. 2-Order XXVII., R. 6-50th and 51st Gen. Orders, 1854. A case having been stated by one of the Divisional Justices for the city of Dublin, under 20 & 21 Viet. c. 43, the ease was lodged by the Appellants in the offices of the Exchequer Division, without fast giving notice to the ReÂÂspondents of the appeal :- Held, that, under the 2nd section of 20 & 21 Vict. o. 43, the giving of the notice to the Respondent is a oondition precedent, and that the Court has not jurisdiction to entertain the appeal unless the notice has been previously given. Though the effect of an order is to decide that an appeal is not properly beÂÂfore the Court, costs may be given against the Appellant. Little v. Donnelly (I.. R. 5 C. L. 1) not followed. • The practice as to setting.down Special Cases Stated by Justices is the same as that in setting down demurrers under Order XXVII., IL 6 ; and if the SpeÂÂcial Case is not set down for argument within ten days after it is lodged, it cannot afterwards be set down, or appear in the list for argument. MOTION on behalf of the guardians of the poor of the South Dublin-Union, that this case should be struck out of the list for argument, and for the costs of the motion, on the grounds that notice in writing was not given to the Respondents of the appeal, with a copy of the Case Stated and signed, before the same was transmitted to the Court. The affidavit, filed in support of the motion, stated that, upon the 6th and 13th November, 1882, a summons was heard before Mr. Woodlock, as one of the Divisional Justices of the city of DubÂÂ. lin, at the suit of the guardians against Daniel Jones. A convicÂÂtion was obtained against Jones, 'and he was fined 3 and. 2 costs. After the conviction was obtained, the Defendant required a case to be stated for the opinion of the Exchequer Division, and '.(1) Before Down, B., and. Am:m.1ms, J. ToL. XII.] Q. B., C. P., & EX. DIVISIONS. 359 a case was accordingly stated by the Magistrate and signed by hint Igx. Div. on the 8th June, 1883, and delivered to the solicitor of Jones. 1883. On the 9th of June, 1883, the ease was lodged by Jones the GUARDUNS riimou TRI N Appellant in the proper office of the Exchequer Division...