The Queen v Higgins

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date20 Dec 1851

Cr. Appeal.

THE QUEEN
and
HIGGINS.

The Guardians of the Castlebar Union v. Lord Lucan 13 Ir. Law Rep. 44.

The Queen v. Pigott 1 Com. Law Rep. 471.

Governors of the Poor of Bristol v. Wait 1 A. & E. 264; S. C. 10 Q. B. 868.

COMMON LAW REPORTS. 213 M. T. 1851. Cr. Appeal. THE QUEEN v. HIGGINS. Dec. 20. Tins was a case reserved from the Quarter Sessions of the County wham in a of rate book, un- Wexford, held before P. J. Blake, Deputy Assistant-Barrister, der the Poor- on the 18th of October 1851. law Acts, the rated person The case stated that the indictment was brought under the statute, wasunder the head Occu- for rescuing sheep distrained for poor-rates alleged to be due out of piers" de scribed as the commons of Bantry in said county. representa tives:of T. K., At the trial there was given in evidence on the part of the pro- Held, that such descrip secution the rate-book, whence it appeared that a rate was made by tion was prima facie good ; the Vice-Guardians of the Union on the 29th of September 1849 ; and any objec- rata the and a warrant directed to James Long, a poor-rate collector for rating mild said division, dated 29th of September 1849, signed by the Guar- only be taken advantage of dians, and countersigned by their clerk. The warrant was in form by appeal from the rate. a book, and in the succeeding pages of the book the names of the Held also, that this Court persons rated, the sums payable by them, and the gross amount ea„nly deal were entered. It was alsoproved that the persons whose names with questions of law arising were subscribed to the rate-books as Vice-Guardians had acted as out of the facts stated. such at the time the rate was made. The poor-rate collector proved that he went to the lands described in the rate-books as the comÂÂmons of Bantry, Nos. 480, 481, and on the 19th of September 1851 levied, as a distress for 17, specified in the book as payable out of the commons of Bantry, ten sheep which were grazing on the land, and that the traverser rescued them. That the commons of Bantry were a large open common, but the place where the seizure was made was not open, but an inclosed part of the common ; it was not, however, separated from the road by any fence. The warrant was as follows :- " NEW ROSS UNION. " To Mr. James Long, collector of poor-rates for Templedigan " division of said union. " You are hereby authorised and directed to levy the several poorÂÂ" rates and arrears of poor-rates in the annexed book...

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