The Queen v Westropp and Hurley

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date20 Dec 1851

Cr. Appeal.

THE QUEEN
and

WESTROPP and HURLEY.

Stevens v. Evans 1 W. Blac. 283.

COMMON LAW REPORTS. 217 occupier," as in the former-leaving it open to the inference that a M. T. 1851. r. Aeal. description of the occupier is sufficient.]-Governors of the Poor of C pp Bristol v. Wait (a). THE QUEEN v. HIGGINS. The Attorney-General and J. Perrin (with whom were Harris) were not called on. BLACKBURNE, C. J. The Court are of opinion that the rate is on the face of it valid; and any objection to it should have been taken by an appeal against it. On the other question we have no jurisdiction. Cases brought before this Court should be stated in such a form, and the evidence so set out, as that the matter of fact raising the question of law may distinctly appear. We can but deal with the abstract question of law. Conviction affirmed. (a) I A. & E. 264; S. C. 10 Q. B. 868. THE QUEEN v. WESTROPP and HURLEY. Dec. 20. Trim was a case reserved from the Quarter Sessions of the County of Clare, held before William Major, Assistant-Barrister, on the 15th of October 1851. The case stated that the traversers were convicted on an indictÂment charging them with having, on the 21st of July 1851, rescued a distress seized by a collector of poor-rates, payable to the GuarÂdians of the poor of the Scariff Union, out of the lands of Fortanne in said county. Evidence was given of the making of the rate on the 15th of January 1850, and the issuing of the collector's warrant on the 30th of May 1851. The designation of the occupier in the rate-book and the warrant was J. Westropp, and it was admitted he died in September 1850. Two objections were raised on behalf Traversers were indicted and convicted for rescuing goods and cattle disÂtrained for poor-rates. In the rate-book and warrant the occupier was described as " J. WesÂtropp;' and evidence was given that J. Westropp had died previous to the issuing of the warrant, though living at the time the rate was struck. Held, that such conviction was right, the occupier being sufficiently described by the initial letter of his Christian-name, and the rate being leviable, notwithstanding the death of the occupier ; under 6 & 7 Vic. c. 92, the rateable hereditaments were still liable. VOL. 2. 28 L 218 COMMON LAW REPORTS. M. T. 1851. of the traversers ; first, that the rate was void, the occupier being Cr. Appeal. • designated by an initial letter in the rate-book and the warrant, TEE QUEEN and also because the person...

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