The King (Lynn) v Gallagher

JurisdictionEngland & Wales
JudgeLord Atkin,Lord Thankerton,Lord Macmillan,Lord Wright,Lord Maugham
Judgment Date01 January 1938
Judgment citation (vLex)[1937] UKHL J0719-1
CourtHouse of Lords
Gallagher
and
Lynn

[1937] UKHL J0719-1

Lord Atkin

Lord Thankerton

Lord Macmillan

Lord Wright

Lord Maugham

House of Lords

Lord Atkin

My Lords,

1

This is an appeal by the appellant from an order of the Court of Appeal of Northern Ireland dismissing an appeal from the Recorder of Londonderry who on appeal affirmed a conviction of the appellant by the justices for the County of the City of Londonderry for selling milk in the City of Londonderry without a licence in contravention of Section 1 (1) ( c) of the Milk and Milk Products Act (Northern Ireland), 1934. The appeal to the Court of Appeal was brought under Section 50 of The Government of Ireland Act, 1920 (10 and 11 G. 5. c. 67) and was brought in this House by leave of the House. The case involves questions as to the construction and validity of the Milk and Milk Products Act passed by the legislature of Northern Ireland in 1934. I need not set out verbatim the material provisions of the Act. They provide that a person shall not sell milk except under and in accordance with the Act; (Section 1 (1) ( c)): that a person shall not sell milk of grade A, B or C (defined by the Act) unless he holds either a producer's or a distributor's licence (Section 2 (2)): that the Ministry of Agriculture shall on application made in the prescribed manner grant to any person upon the prescribed conditions a licence and that the holder of a licence shall keep milk records and furnish such returns as the Ministry may require and permit the records to be inspected by an authorised officer, (Section 2 (2)). The Act further provided that an authorised officer should have power to enter and inspect at any reasonable time any part of the land or possessions occupied by the holder of a licence in connection with his business, and examine milk found there and take samples, (Section 8 (1)). Power to make regulations is given to the Minister by Section 9(1). Regulations governing the production and sale of milk of grade C quality were made by the Minister on the 24th August, 1934 (S.R. and O. Northern Ireland, 1934, No. 71). They provide that a producer shall permit any authorised officer at any reasonable time to inspect the herd and examine all premises and equipment used by the producer in connection with the production or sale of milk (R 5) and contain other provisions as to things to be done and powers to be exercised on the premises (Rr. 6, 7, 8, 9): and a regulation that the Minister before granting a Producer's licence shall satisfy himself that the applicant's arrangements for dealing with milk i.e., arrangements for the production, handling, storage, treatment and distribution of milk are such as will enable him to comply with the provisions of the Act and Regulations (R. 22 (1) & (4)). The appellant is one of several farmers whose farms are situate in the County of Donegal outside the territory of Northern Ireland but within a few miles of the boundary. For a considerable time before 1934 they had been in the habit of selling their milk in the City of Londonderry which...

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28 cases
3 books & journal articles
  • Courts 2
    • Nigeria
    • DSC Publications Online Sasegbon's Laws of Nigeria. Volume 6: Part II Courts 2
    • 27 June 2016
    ...it is not invalidated if incidentally it affects matters which are outside the authorised field” – per Lord Atkin in Gallagher v. Lymn (1937) A.C. 863 at 870 adopted by the Federal Supreme Court in Akwule & Ors. v. The Queen (1961) 1 S.C.N.L.R. 385: (1963) 1 A.N.L.R. 193 at 197.” – Per Ogun......
  • The Courts and Devolution in the UK
    • United Kingdom
    • British Journal of Politics and International Relations No. 14-2, May 2012
    • 1 May 2012
    ...also applied to the powers of the Stormont Parliamentin Northern Ireland by the House of Lords sitting judicially, in Gallagher v. Lynn[1937] A.C. 863 (HL).BibliographyAll Wales Convention (2009) Report (Cardiff: Welsh Assembly Government).Anthony, G. (2002) ‘Public law litigation and the B......
  • AKWULE & ORS. V. THE QUEEN
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1963 Cases reported in 1963
    • 11 November 2022
    ...315 is not legislation in respect of banks and banking but merely an incidental provision in such penal legislation. Gallagher 5 v. Lynn (1937) A.C. 863, 869. 2. The first appellant was not conducting banking business as defined: the customers' accounts were with the B.W.A. Ltd., and it wou......

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