The King (Shields) v The Justices of Tyrone

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 24 January 1913
• Court: King's Bench Division (Ireland)
• Date: 24 January 1913

The King (Shields)

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.

1914.

Justices — Summary jurisdiction — Application of Petty Sessions (Ireland) Act, 1851, to the Charitable Loan Societies (Ireland) Acts — Warrant — Jurisdiction of justices to re-issue — Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict. c. 93) — Charitable Loan Societies (Ireland) Acts, 1843, 1900, 1906 (6 & 7 Vict. c. 91; 63 & 64 Vict. c. 25; 6 Edw. 7, c. 23).

The decision in Atthill v. Woods([1903] 2 I. R. 305), and the enactment in s. 1, sub-s. 1, of the Charitable Loan Societies (Ireland) Act, 1906, establish that the provisions of the Petty Sessions (Ireland) Act, 1851, apply to proceedings under the Charitable Loan Societies (Ireland) Acts; and therefore the power given to a justice by s. 33 of the Petty Sessions Act to re-issue a warrant, or issue a fresh warrant, applies to distress warrants issued under the Charitable Loan Societies (Ireland) Acts.

The jurisdiction given by s. 33 of the Petty Sessions Act to re-issue a warrant, or issue a fresh warrant, is not limited to the cases mentioned in the section of the person to whom the warrant was addressed being unable to find the person against whom the warrant issued or his goods, or to discover where such person or his goods are to be found. The jurisdiction may be exercised although the person to whom the warrant was addressed has not given the certificate mentioned in the section stating the reasons why the warrant was not executed, and without such person being examined on oath touching the non-execution of the warrant.

The jurisdiction given by the section is not necessarily confined to the first warrant.

Certiorari.

Motion to make absolute a conditional order for a writ of certiorari directed to the justices of the peace for the county of Tyrone, to remove into the King's Bench Division for the purpose of being quashed a warrant dated the 12th May, 1912.

On the 6th July, 1907, the justices for the county of Tyrone, sitting at petty sessions for the petty sessions district of Castlederg, on the hearing of a summons in which the treasurer of the Killeter

Loan Fund Society was complainant, and Edward Shields, the prosecutor herein, and Peter McCormick and Charles McMenamin, were defendants for the repayment of money lent pursuant to 6 & 7 Vict. c. 91, and for interest on the loan under the rules of the society and pursuant to the provisions of 63 & 64 Vict. c. 25, and 6 Edw. 6, c. 23, made an order against the defendants for the debt, £14 5s., and for costs, 12s. 6d. be paid by quarterly instalments of £3 14s. 4½d., a warrant to issue for the full amount on failure to pay any instalment. A warrant in execution of the order was issued by the justices at the Castlederg petty sessions, on the 30th September, 1907. The warrant was entitled “Pursuant to 14 & 15 Vict. c. 93, 6 & 7 Vict. c. 91, 63 & 64 Vict. c. 25 and 6 Edw. 7, c. 23.” The warrant was issued to Robert Harpur, a civil-bill officer, for execution. In the month of April, 1908, as Robert Harpur was not making any effort to execute the warrant, the receiver of the Killeter Loan Fund Society, Mr. Nugent, on the instruction of the Loan Fund Board, required Harpur to return the warrant to the Court, and on his failure so to do issued a summons against Harpur for the petty sessions for June, 1908. The summons came on for hearing on the 6th June, 1908, at Castlederg petty sessions, when Robert Harpur was ordered to furnish a proper return, and the case adjourned to the following Court day. On that day, the 4th July, 1908, Harpur was ordered to lodge all warrants in his possession with the officer of the Court. Harpur did so, having endorsed upon some of the warrants the amounts collected, and on others “no goods.” Upon the warrant against the prosecutor, McCormick, and McMenamin, there was no endorsement whatever, and Harpur did not return or give any such certificate in the Form G (a) as is mentioned in sect. 33 of the Petty Sessions Act, 1851, nor any certificate. The warrants for the execution of orders made at the suit of the Loan Fund Society were checked over by Mr. Nugent, and, where any amounts were endorsed as paid, credits were given by him in his books; and on the 7th November, 1908, through his solicitor, Mr. Nugent applied that the warrants should re-issue to the constabulary. The application was refused by the magistrates, who said they would select a bailiff, and, ultimately, after some delay and threat of proceedings by mandamus, the magistrates appointed one Thomas Kelly as bailiff, and the warrants...