The Queen v Boyle and Others

• Jurisdiction: Ireland
• Court: Court of Criminal Appeal
• Judgment Date: 24 January 1857
• Date: 24 January 1857

Crim. Appeal.

THE QUEEN

and

BOYLE and others.

Regina v. WestroppIR 2 Ir. COm. Law Rep. 219.

Regina v. Higgins 2 Ir. Com. Rep. 213.

The Queen v. The Inhabitants of Fordham 11 A. & E. 73.

59a COMMON LAW REPORTS.. H. T. 1857. &int. Appeal. ••nn•••••,....1 Court of Criminal ;vat* THE QUEEN v. BOYLE and others. THIS was an indictment for a rescue, tried before the Assistant Barrister for the county of Louth, at the October Quarter Sessions; who reserved the following case for the opinion of the Court. The traversers were indicted for rescuing forcibly from the custody of John Farley, a poor-rate collector, six cows which he had distrained on the commons of Carlingford, on the 24th of May 1856, for the sum of 17s. poor-rate, and 21s. arrear of poor-rate. At the trial, James Murphy, clerk of the union, proved that, on the 14th of February 1856, a rate was made by the guardians of the union, and produced the rate-book and proved the signature of the chairman, and two of the guardians of the union, .and his own signature, as clerk of the union, to the rate so made. He also proved a warrant of same date, signed by the same parties, directed to John Farley, collector of the poor-rates for Carlingford division of said union. The warrant was in these words :-" You are hereby " authorised and directed to levy the several poor-rates in the " annexed book set forth, from the several persons therein rated, or " other persons liable to pay the said rates or arrears of rates-." An entry in the rate-book was then read, in which the occupiers were described merely as tenants "of commons." John Farley, the poor-rate collector, proved that he received the warrant, and that on the 24th of May 1856 he proceeded, with two assistants, to the commons of Carlingford to levy the rates ; that he seized the cows, which were forcibly taken from him by the traversers, Boyle claimÂÂing the cattle as his property. The place on which the distress was made was the open ground or commons of Carlingford, mentioned in COMMON LAW REPORTS. 599 the warrant. Witness further stated, that there were 270 house- H. T. 1857. corn- . keepers mentioned in the warrant, who claimed a right of co- l. Cri monage on the land ; and that there were 218 persons living on the THE the v. commons, who had cottages or gardens on the commons, fenced and BOYLE. inclosed from the remainder of the common, for which holdings they were separately rated ; that the...