The State (Dowling) v Kingston (No. 2)

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 28 July 1937
• Date: 28 July 1937

[H. C., S. C., I.F.S.]

The State (Dowling)

and

Kingston (No. 2)

Ministerial Acts - Irish Free State Citizen -Domiciled in Dublin - Charge of failing to maintain wife and child in Scotland contrary to the Poor Law (Scotland) Act, 1845, s. 80 - Warrant to apprehend issued in Scotland and sent to Irish Free State - Warrant endorsed by District Justice for Dublin Metropolitan Area - Arrest thereunder - Validity of endorsement of warrant -Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Arts.1, 2, 3, 6, 64, 73, 75 - Sovereignty of State -Criminal jurisdiction - Privileges of citizens under the Constitution of the Irish Free State -Petty Sessions (Ir.) Act, 1851 - Whether s. 29 in force in Irish Free State - Effect of Art. 73 of the Constitution - Adaptation of Enactments Act, 1922 (No. 2 of 1922), ss. 6, 9 - District Justices (Temporary Provisions) Act, 1923 (No.6 of 1923), s. 4 - Courts of Justice Act, 1924 (No.10 of 1924), ss. 77, 78 - Whether functions of District Justice include jurisdiction of former Justices of the Peace when not sitting at Petty Sessions - "Judicial Power of the Irish Free State" - Habeas Corpus - Practice - Application for order - Whether applicant entitled to make successive applications to different Judges of the High Court - Art. 6 of Constitution - Construction of words "Courts and any and every Judge" -Dissenting judgment in favour of person in custody - Whether sufficient to entitle prisoner to be released - Habeas Corpus Act (Ir.), 1781 (21 22 Geo. 3, c. 11), s. 5.

A warrant was issued by a Sheriff Substitute in Scotland on 6th March, 1937, for the arrest of D., a citizen of the Irish Free State, whose address was therein described as "unknown," the charge being that on the 27th January, 1937, in the city of Glasgow, he neglected to maintain his wife and child whereby they became chargeable to the said city on the 5th February, 1937. This warrant was brought to Dublin and was there endorsed, under s. 29 of the Petty Sessions (Ireland) Act, 1851, by an Assistant Commissioner of the Civic Guard who authorised a member of the Civic Guard to execute it. D. was arrested on this warrant on the 15th March, 1937, in Dublin, where he was living, and on the following day he obtained a conditional order of habeas corpus which was made absolute on the 9th April, 1937, and thereupon he was discharged from custody (reported [1937] I. R. 483). A few hours after his discharge he was again...