The King (M'Mongale) v The Chairman and Justices of County Donegal

• Jurisdiction: Ireland
• Judgment Date: 27 October 1905
• Date: 27 October 1905
• Court: King's Bench Division (Ireland)

The King (M'Monagle)

and

The Chairman and Justices of County Donegal (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.

1905.

Justices — Summary jurisdiction — Appeal to Quarter Sessions — No appearance on behalf of appellant — Appeal struck out — Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict. c. 93), s. 24.

M., having been convicted by the justices at Petty Sessions, served notice of appeal to Quarter Sessions, entered into the usual recognizance to prosecute the appeal, and gave notice to the opposite party of his intention to prosecute it, as provided by section 24 of the Petty Sessions (Ireland) Act, 1851. When the appeal was called on, there was no appearance on behalf of M., and the Court of Quarter Sessions ordered the appeal to be struck out:—

Held, that this was the proper course to adopt.

Mandamus.

The prosecutor was charged on summons before the Justices at Stranorlar Petty Sessions with the detention of certain books and documents, the property of the Finn Valley Co-operative Agricultural and Dairy Society, Limited. He was convicted and ordered to pay a fine of £2 2s., and deliver up the books and documents, and in default to be imprisoned for two months. The prosecutor duly served notice of appeal to the Quarter Sessions, and entered into the usual recognizance to prosecute the appeal. A question arose as to whether the notice of intention to prosecute the appeal, required by sect. 24, clause 5, of the Petty Sessions (Ireland) Act, 1851, had been served in time. For the purpose of the present report, however, it may be assumed to have been duly served. When the appeal was called on at Quarter Sessions, held at Lifford, neither the appellant nor his solicitor was present. The clerk of the solicitor for the appellant asked for a postponement in order that the solicitor, who was stated to be then engaged at Quarter Sessions at Strabane, might be present. The respondents' solicitor asked to have the appeal struck out, which was done.

The material portion of the order made at Quarter Sessions, as set out in the certificate of the Clerk of the Peace, was as follows:—“And the said appeal coming on to be heard this day in presence of the solicitor for complainants, and there being no appearance for the appellant, the said appeal was struck out.”

The prosecutor obtained a conditional order for a...