The Queen, at the prosecution of John M'Carthy, v The Justices of The Peace in and for The County of Cork

• Jurisdiction: Ireland
• Judgment Date: 27 May 1866
• Date: 27 May 1866
• Court: Queen's Bench Division (Ireland)

Queen's Bench

THE QUEEN, at the prosecution of JOHN M'CARTHY,

and

THE JUSTICES OF THE PEACE IN AND FOR THE COUNTY OF CORK.

COMMON LAW REPORTS. 423 T. T. 1866. Queen's Bench THE QUEEN, at the prosecution of JOHN M'CARTHY, V. THE JUSTICES OF THE PEACE IN AND FOR THE COUNTY OF CORK.* (Queen's Bench.) ON the 22nd of December 1865, on application to Mr. Justice O'BurEN, a conditional order had been obtained for a writ of certiorari directed to the defendants to remove into this Court, &c., all and singular records of conviction of whatsoever trespasses and contempts whereof John M'Carthy was, at the Petty Sessions held for the Mallow Petty Sessions district of said county, on the 28th of November and 12th of December 1865, convicted, on the comÂÂplaint of one James Hartnett, for having and keeping a certain dog. The grounds of removal stated in the conditional order were, that the said conviction was made without and in excess of jurisÂÂdiction, and that the said conviction was insufficient, and disclosed no offence the subject of the summary jurisdiction, or for which Justices in Petty Sessions had jurisdiction to impose a pecuniary penalty, or the penalty mentioned in the said conviction, and that there was no evidence to warrant the said conviction. It appeared from the affidavit of the prosecutor, on which the conditional order bad been obtained, that he was summoned, on the complaint of James Hartnett, "for having and keeping on " a .certain day, on the lands of Rahan, a certain dog, called and "being a setting dog, the same not being a whelp under the age "of twelve months, kept at nurse for persons qualified within the "statute in such case made for the having the same; he not then " having an estate of freehold, in his own or his wife's right, of "the yearly value of 100 of the former currency of Ireland, * Ceram LEFROY, C. J., O'BRIEN and FITZGERALD, JJ. 424 COMMON LAW REPORTS. T. T. 1866. '1 equal to 92. 6s. lid. sterling, present currency, or a personal Queen's Bench "estate of the value of 1000 of said former currency, equal to THE QUEEN "923. Is. 6-id. sterling present currency, nor being a person V. JUSTICES OF "allowed or licensed thereunto, &c., nor otherwise qualified." That CO. CORK. on the case coming on for hearing, Hartnett swore that he saw prosecutor with a dog and gun on the lands of Fiddane, and that he had seen the said dog set ; that he was thirty years of age, and never had a pointer, hound, beagle, or greyhound, land...