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R (Cassidy) v Fermanagh Justices

Irish Reports (Digests) Irish Reports Cited authorities 17 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date05 June 1924
Date05 June 1924
CourtKing's Bench Division (Northern Ireland)
K. B. D., N. I.,
Rex (Cassidy)
and
Justices of Fermanagh

Offence in one Petty Sessions District - Trial in different district - Justices - Summary jurisdiction - Constitution of Court of Petty Sessions - Illicit Distillation Ireland) Act, 1831 (1 2 Wm. IV., c. 55), ss. 16 and 31-41 - Petty Sessions (Ireland) Act, 1851 (14 15 Vict., c. 93) - Illicit Distillation (Ireland) Act, 1857 (20 21 Vict., c. 40), s. 6 - Revenue (No. 2) Act, 1861 (24 25 Vict., c. 91), s. 18 - Finance Act, 1923 (13 14 Geo. V., c. 14), s. 13 (4).

A summons under the Petty Sessions (Ireland) Act, 1851, was issued against C. The summons was signed by a Resident Magistrate of the County of Fermanagh, and required C. to attend as defendant at a Court of summary jurisdiction to be held at Lisnaskea, in that county, on 9th February, 1924, to answer a complaint that he had in his possession in a house occupied by him a certain quantity of potale, not being for the purpose of being made into beer for private use contrary to the Illicit Distillation (Ireland) Act, 1831 (1 & 2 Wm. IV., c. 55), s. 16. C. attended the Court of summary jurisdiction, and it was contended on his behalf that the Court as then constituted was not a Court of Petty Sessions under the Petty Sessions (Ireland) Act 1851, and that the Court had no jurisdiction to try an offence committed in a different Petty Sessions district. It was further contended that the Justice who signed the summons did so without jurisdiction in calling on C. to appear before a Court other than that to which he was amenable under the Petty Sessions (Ireland) Act,...

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