Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber and Court of Criminal Appeal Volume 5

Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber and Court of Criminal Appeal Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...are appointed, and two offices, one at Exchange-street and one at Kingstown. College division, also two Justices; third division has two Justices, Henrystreet. 5 Vic., c. 24, s. 2, extending jurisdiction of Justices. 6 & 7 Vic., c. 56, giving further jurisdiction; they have also an extensive civil jurisdiction, determining causes to a large amount. W. R. Miller, contra, contended that the Divisional Justices are not bound to attend daily, and that one may be replaced by another. 5 Vic., c. 24, ss. 47, 53. The Lord Lieutenant has made no rule for attendance of Magistrates, and that depends on themselves, and cannot depend on statutes. The 48 G. 3, though it has not been repealed, has been modified; and that only requires that one or more of the Justices must attend. By proclamation of the 10th of May 1850, the police district was divided into three divisions. The case comes to this: can a Justice, whose duty can be performed by his brother Magistrate, be protected by privilege? It is plain, on the statutes, that a Magistrate is not bound to attend de die in diem, and if not, he cannot shelter himself.--richards, B. Have you any cases following up the distinction taken by Wyatt, as to mesne and final process?--Bryan v. Carthew (a) seems to me to bear out this distinction, and though, on final process, the Judges looked upon that case as exceptional.--greene, B. I have been able to find no case where they were discharged on mesne process, that they would not have been equally discharged on final process; (a) Ubi supra. and the reason of discharging them extends to both cases, that is, the public service. Pioot, C. B., The question in this case is, whether a Divisional Justice of Dublin metropolis is privileged from arrest on civil process, while...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236596358
  • 9781236596352