Application for Certiorari to Quash Magistrates’ Order

In the King’s Bench Division on Monday, an application was made by Mr Patrick Kelly, instructed by Mr James P. Lavan, for a conditional order of certiorari to quash an order made by magistrates sitting at Tralee on the 28th of November last. The order was based on a complaint made by John B. Rice, Clerk of Petty Sessions, against John Hunt of Church Street, Newcastle West, Limerick, for an alleged assault in a railway carriage travelling between Tralee and Limerick.

The case was heard before Captain Crane, RM, and five other magistrates, resulting in Hunt being convicted and fined £5, which he paid. However, Mr Kelly argued that the magistrates lacked jurisdiction since the alleged assault took place in County Limerick, and the magistrates presiding over the case were acting on behalf of County Kerry.

After considering the application, the Lord Chief Justice, Mr Justice Madden, and Mr Justice Boyd granted the conditional order, allowing for a review of the magistrates’ order.

Kerry News – Wednesday 15 February 1905

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