The Irish Jurist and Local Government Review; A Journal Devoted to the Interests of the Law and Local Government in Ireland ... Volume 3

The Irish Jurist and Local Government Review; A Journal Devoted to the Interests of the Law and Local Government in Ireland ... Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...legal in its tota 'ty, and the prosecutor was entitled to have it heard by an impartial bench. As to the last preliminary objection, though the refusal was from the mouth of the Recorder, the jurisdiction was in the _ magistrates. general object to be 356 (Von. III. The New I risk Jumst and Local Goveirnm-en! Review. REPORTS. REX (FINDLATER) v. RECORDER AND USTICES OF DURLIN. generally, and the refusal must be deemed to be that of the entire bench. We cannot enter into an inquiry which of a bench of justices brought about the decision. I therefore feel bound to decide the question of bias. This is alleged against six justices. As to four of these, the sole allegation is that they were subscribers to the Irish Association-for the Prevention of Intemperance. This is an association whose objects are to secure a diminution in the number of licensed houses and to organise strong opposition to licensing applications, and whose solicitor opposed this particular application on behalf of nominal objectors. As to Mr. Wallace, it is shown that he is not a subscriber, and it is not pretended that any of the other three gentlemen took, or were entitled to take, any part in the manage ment or control of the affairs of the association or in the opposing of licensing applications generally. The sole ground is subscribing to an association having the objects I have referred to. As to the three justices, we expressed our-opinion during the argument that mere subscription to such an association did not per se amount to such real bias as would render a subscriber incompetent to act as a justice. As to this, I shall not do more than read what is said by Lord Field in his judgment in " R. 1;. Deal Justices," 45 I.. T., Rep, 440. That was a stronger...show more

Product details

  • Paperback | 592 pages
  • 189 x 246 x 30mm | 1,043g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236807154
  • 9781236807151