The King (Patterson) v The Justices of Tyrone

• Jurisdiction: Ireland
• Judgment Date: 16 November 1914
• Date: 16 November 1914
• Court: King's Bench Division (Ireland)

The King (Patterson)

and

The Justices of 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.

1915.

Justices — Summons under Army Act, 1881 (44 & 45 Vict. c. 58), s. 156 (a), charging that the Defendant did “buy, or receive Military Property” — Conviction General — One Offence — Award of Penal Sum of over £5 — Imprisonment directed without first directing Distress — Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict. c. 93), ss. 22, 23 — Certiorari.

A summons under the Army Act, 1881 (44 & 45 Vict. c. 58), sect. 156, sub-sect, (a), which charges that the defendant did unlawfully “buy, detain, or receive from soldiers, or other persons acting on their behalf,” military property, does not charge several offences, but one offence, under the statute, and a general conviction on such summons is not bad for uncertainty.

A conviction by justices under the Petty Sessions (Ireland) Act, 1851, imposing a tine exceeding £5, and directing imprisonment in default of payment, without first ordering a distress or setting out grounds justifying a distress being dispensed with, is bad.

If the justices hold that a defendant has no sufficient goods for a distress, that fact must be judicially determined by them, and must be set out on the face of the order.

Certiorari.

Motion, served by leave of the Court, for an absolute order for a writ of certiorari to be directed to the justices of the peace in and for the county of Tyrone to remove into the King's Bench Division for the purpose of being quashed the records of a conviction made by the justices on the 12th October, 1914, at Omagh petty sessions, against James Pine Patterson, upon a complaint by the King, at the prosecution of B. Conlin, D.I.R.I.C., against James Pine Patterson.

On the 9th October, 1914, Mr. Conlin, District Inspector of the Royal Irish Constabulary, took out a summons against James Pine Patterson, of Omagh, charging that Patterson “on divers

dates between the 5th day of August, 1914, and the 8th day of October, 1914, at Omagh, did unlawfully buy, detain, or receive from soldiers or other persons acting on their behalf various articles of military clothing and a blanket, the property of His Majesty's Government, contrary to the provisions of the Army Act, 1881 (44 & 45 Vict. c. 58), sect. 156.”

The summons was heard at Omagh petty sessions on the 12th October, when Mr. Conlin appeared to prosecute. On behalf of the prosecution Head Constable Empey, R.I.C., deposed that on the 29th September, 1914, in consequence of complaints made to him, he entered Patterson's house, a lodging-house in Omagh, and on entering found a bundle of khaki clothes; that Patterson, in answer to the deponent's inquiry, stated that a soldier, called O'Hara, had come to the house the previous night bringing with him civilian clothes, and had changed from his uniform into the civilian clothes, and had given his uniform to him, Patterson, stating that he, the soldier, was going to see friends in Cavan, and would return the following day. Empey further deposed that on visiting Patterson's house on the 29th September, 1914, he took possession of the khaki clothes, which consisted of a uniform tunic, cap, breeches, puttees, and boots.

Empey further deposed to another visit to Patterson's house on the 8th October following, when he. Empey, found on Patterson's premises five pairs of military socks, six pairs of military drawers, three military shirts, and a military blanket, some of these articles being stamped with the brand of the War...