Aliens
| Author | Wallace Paterson |
| Published date | 01 April 1952 |
| Date | 01 April 1952 |
| DOI | http://doi.org/10.1177/0032258X5202500208 |
| Subject Matter | Article |
II6
THE
POLICE
JOURNAL
The
High Court at Dublin, on May 31st, 1927, granted the
Order
and directed the release of the prisoner at once on the grounds that the
endorsement of the warrant on which Laing had been arrested was not
justified under Sec. 29 of the Petty Sessions (Ir.) Act, 1851, by the
Solemn Declaration made and produced.
Police officers preparing to send warrants to Ireland for execution
should remember to furnish the accompanying affidavit, otherwise the
warrant will have to be returned for same and valuable time
may
be
lost or an escort that has travelled with the warrant will have to make the
affidavit in Ireland.
The
matter of affidavit as to Justice's handwriting is dealt with in
Home Office Circular No. 210/1951.
DUGGAN'S
CASE
(1950)
This
case contains the latest review by the High Court and
Supreme Court in Ireland as to the continuance and effect of Sec. 29
of the Petty Sessions (Ir.) Act, 1851. One John Joseph Duggan, an
Irish citizen, sought an Order of Habeas Corpus in the High Court
at Dublin against his arrest, on a warrant issued by a Magistrate of
the City of London, for obtaining £105 by false pretences contrary to
Counsel for Duggan contended that Sec. 29 of the Petty
Sessions (Ir.) Act, 1851, ceased to be operative after the Constitution
of Ireland came into operation in 1937.
The
High Court and the Supreme Court (on appeal) both held
that Sec. 29 was taken over by the Constitution of 1937 as
part
of the laws in force at the time. Duggan's application for Habeas
Corpus failed and the warrant was duly executed.
Aliens
By
SERGEANT
WALLACE
PATERSON
Lanarkshire
Constabulary
DURING the last war and since, a tremendous amount of legislation
regarding Aliens has been added to the burden already borne by
the Police. In larger forces and in most cities the problem has been
solved by having a central Aliens Department,
but
in many smaller
forces, and particularly counties, the man on the beat starts the initial
process of registering aliens.
It
is with this view in mind that the follow-
ing notes have been prepared in the hope that they may prove helpful
to anyone dealing with the subject.
Formerly, aliens suffered many disabilities and at common law
could not hold landed property.
It
was not until the reign of Edward I,
when by charter they were permitted to rent houses.
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