The King (Conway and Others) v The Justices of The County Tyrone

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 03 May 1905
• Court: King's Bench Division (Ireland)
• Date: 03 May 1905

The King (Conway And Others)

and

The Justices Of The County Tyrone (1).

K. B. Div.

CASES

DETERMINED BY

THE KING's BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1906.

Practice — Order of Justices — Appeal — Petty Sessions District in two Quarter Sessions Divisions — Dismiss on the merits — Reversal on appeal — No express adjudication of guilt — 5 & 6 Vict. c, 106, s. 78 — 14 & 15 Vict. c. 93, s. 24 — 40 & 41 Vict. c. 56, s. 74.

Held, that although the Quarter Sessions did not in express words adjudicate the defendant guilty of the offence, the order was good as an adjudication of guilt, under sect. 24 (6) of the Petty Sessions Act, 1851.

Motion to make absolute a conditional order of certiorari to bring up to be quashed an order of the Chairman and Justices of

the County Tyrone, at Omagh, reversing, on appeal, a dismiss on the merits made at Gortin Petty Sessions. Charles Conway, John Carlin, Michael Carlin, and John M'Donnell were summoned to appear at Gortin Petty Sessions on the 6th January, 1905, to answer the complaint of John Patterson, fishery inspector, that between sunset and sunrise at Clogherney, in the same Petty Sessions District, they had a lyster in their possession on the banks of the river Glenby, contrary to the fishery laws. The Justices present, by a majority, dismissed the complaint on the merits. An appeal was taken by Patterson. Gortin Petty Sessions District was in two Quarter Sessions Divisions; the townland in which the offence was alleged to have been committed, and where all the defendants resided, was situate in the Strabane Division; but Gortin Petty Sessions courthouse, where the complaint was originally heard and the remainder of Gortin Petty Sessions District were in Omagh Division. Notice of appeal was served for, and the appeal was prosecuted before, the Chairman and Justices sitting at Omagh Quarter Sessions; and upon rehearing of the evidence, the Chairman and Justices, on the 23rd January, 1905, made the following order:— “That the dismiss on the merits be reversed, and that the defendants be ordered to pay a fine of £2 each, with 10s. 6d. costs of appeal, and in default of payment be imprisoned in Londonderry gaol for one calendar month, one-third of the fine to the complainant, and two-thirds to the conservators; the lysters to be forfeited.” It was now sought to quash this order upon the grounds that the appeal should have been prosecuted before the Chairman and Justices sitting at Strabane Quarter Sessions, and not at Omagh; and that the order was bad on its face, in that it contained no adjudication upon any offence, and made no conviction in respect of any charge.

By way of cause, John Patterson, the complainant, submitted that by virtue of section 74 of the 40 & 41 Vict. c. 56, and section 24 of the 14 & 15 Vict. c. 93, the proper Quarter Sessions to hear the appeal was the Quarter Sessions at Omagh.

Muldoon, for the prosecutor, in support of the conditional order.

Horner, K.C., and Charles Brady, for John Patterson, the complainant below.

[The following cases were cited—Ex parte M'Fadden (1); R. v. Daman (2); R. v. Harris (3); R. v. Jefferies (4); R. v. Horgan (5); R. (Cahill) v. Justices of Dublin (6); R. v. Dillon (7); R. (Sheehan) v. Justices of Tipperary (8); R. (M'Ardle) v. Justices of Louth (9).]

Where a Petty Sessions District is in two Quarter Sessions Divisions, the Quarter Sessions Division in which the Petty Sessions Courthouse is situate is the Division to which an appeal should be taken, under sect. 24 of the Petty Sessions Act, 1851, notwithstanding that the offence was committed in the other Quarter Sessions Division.

On appeal to Quarter Sessions from an order dismissing a complaint on the merits, the order of the Chairman and Justices was— “that the dismiss on the merits be reversed,” and that a certain fine and costs should be paid by the defendant:—

Lord O'Brien, L.C.J.:—

The facts of the case are very few. It appears that a summons was served on the defendant, Charles Conway, and three others, complaining that on Monday, the 19th December, 1904, between sunset on Monday, the 19th December, and sunrise on Tuesday, the 20th December, 1904, in or on the banks of the river Glenby, in the townland of Clogherney, in the county Tyrone, the defendants, and each of them, had a lyster in their possession with intent to take salmon contrary to the statute. The magistrates who heard the case at Petty Sessions made an order to the following effect:— “That the complaint be dismissed on the merits.” The case came before the Quarter Sessions at Omagh on appeal on the 23rd January, 1905, and the Court of Quarter Sessions ordered “That the dismiss on the merits be reversed, and that the defendants be ordered to pay a fine of £2 each, with 10s. 6d. costs of appeal, and in default of payment be imprisoned in Londonderry gaol for one calendar month, one-third of the fine to be paid to the complainant, and two-thirds to the conservators; the lysters to be forfeited.”

A conditional order for a certiorari was granted to quash the order of the Quarter Sessions. Two objections have been made. The first is that the Omagh Quarter Sessions...