tices at petty sessions, three months at least before the expiration of the licence, may give notice to the holder to appear before him or them, and shew cause why an objection stated in the notice should not be lodged against a renewal or transfer of his licence; and if upon the hearing the objection shall prevail, such justice or justices shall give to the supervisor of the district notice of objection against the renewal or transfer of the licence, and shall specify the grounds of objection in such notice, and make an order accordingly. On the expiration of the licence it is not to be renewed by the proper officer unless the holder shall have obtained a renewal of the order of petty sessions on appeal (w). The holder must appeal to the Q. S. held next after the expiration of ten days from the making of the order of refusal, upon giving seven clear days notice in writing to the justice or justices of his intention to appeal, which shall be liable to all the incidents of appeals in the cases of appeals against orders of refusal to grant for the first time a wine licence under the provisions of this act (x).

LUNATICS.

The statutes authorizing the committal of lunatics by magistrates are the 1 & 2 V., c. 27, and 8 & 9 V., c. 107. The first section of the former statute enacts

"That if any person shall be discovered or apprehended under circumstances denoting a derangement of mind, and a purpose of committing some crime, for which if committed such person would be liable to be indicted, it shall be lawful for any two justices of the peace before whom such person shall be brought to call to their assistance any legally qualified physician, surgeon, or apothecary, or if upon view and examination of the said person so apprehended, or from other proof, the said justices shall be satisfied that such person is a dangerous lunatic or dangerous idiot, it shall be lawful for the said justices by warrant under their hands and seals (y), to commit (2) such person to the gaol of the county, and there to be kept until or unless such person shall

(w) 23 & 24 Vic. c. 107, s. 17. (x) Id.; see ante, p. 288. (3) Sealing is not necessary; see 14 & 15 Vic. c. 93, s. 6.

(z) For the construction of these

commitments see R. v. Gurlay, 7 B. & C. 619; R. v. Riall, 11 I. C. L. R. 279; S. C., 5 Ir. J. N. S. 120; see ante, p. 106.

be discharged by the order of two justices of the peace, one whereof shall be one of the justices who has signed such warrant, or by the assistant-barrister presiding at the county Q. S., or by one of the judges of H. M. Courts in Dublin, or by the Lord Chancellor or Lords Commissioners of the great seal, or until such person shall be removed to the proper lunatic asylum by order of the Lord Lieutenant or other Chief Governor of Ireland."

By the 14 & 15 Vic., c. 68, s. 15, salaried medical officers of a dispensary district are bound to attend without any fee or reward to examine and certify under the 1 & 2 Vic., c. 27, as to the case of any dangerous lunatic brought before justices of the peace within his district.

The 8 & 9 Vic., c. 107, s. 10, after reciting the 1st section of 1 & 2 Vic., c. 27, provides

"That it shall not be lawful for the said justices to commit such person to gaol unless information on the oath of one or two credible witnesses shall have been made before the said justices, stating facts from which it shall appear that such person was discovered and apprehended under circumstances denoting a derangement of mind and a purpose of committing some crime, for which, if committed, such person would be liable to be indicted, and that such person is a dangerous lunatic or a dangerous idiot; and such justices shall, if they shall so think fit, bind the person or persons so making such information to appear at the next commission, or assizes, or Q. S., whichever may first occur, which information shall be returned to the clerk of the peace or crown.'

It will be observed that this section does not repeal the former one; but there is this additional provision, that the evidence before the justices must be by information, and the informations(zz) must contain or fulfil three conditions. They must state facts from which it will appear that the person was apprehended under circumstances denoting, I. a derangement of mind; II. That he had a purpose of committing an indictable crime; III. That he was a dangerous lunatic.

(az) The form of information given in the Petty Sessions Act schedule, form A., may be used, care being

taken that it contains the three requisites above mentioned.

CHAPTER XXV.

ACTIONS AGAINST JUSTICES.

MAGISTRATES are protected against vexatious actions by 12 Vic., c. 16, intituled "An Act to protect Justices of the Peace in Ireland from vexatious actions for acts done by them in the execution of their office." The importance of this statute requires that it should be given in extenso.

I. [For an act done within his jurisdiction.] That every action hereafter to be brought against any justice of the peace in Ireland in any of her Majesty's superior courts of law at Dublin for any act done by him in the execution of his duty as such justice, with respect to any matter within his jurisdiction as such justice, shall be an action on the case as for a tort; and in the declaration it shall be expressly alleged that such act was done maliciously, and without reasonable and probable cause; and if at the trial of any such action, upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be nonsuit, or a verdict shall be given for the defendant.

II. [For an act done by him without jurisdiction, or exceeding his jurisdiction.] That for any act done by a justice of the peace in a matter of which by law he has not jurisdiction, or in which he shall have exceeded his jurisdiction, any person injured thereby, or by any act done under any conviction or order made or warrant issued by such justice in any such matter, may maintain an action against such justice in the same form and in the same case as he might have done before the passing of this act, without making any allegation in his declaration that the act complained of was done maliciously, and without reasonable and probable cause: provided nevertheless, that (in any case where a conviction may be quashed either upon appeal or upon application to her Majesty's Court of Queen's Bench) no such action shall be brought for anything done under such conviction or order until after such conviction or order shall have been quashed, either upon appeal or upon application to her Majesty's Court of Queen's Bench; nor shall any such action be brought for anything done under any such warrant which shall have been issued by such justice to procure the appearance of such party, and

which shall have been followed by a conviction or order in the same matter, until after such conviction or order shall have been so quashed as aforesaid; or if such last mentioned warrant shall not have been followed by any such conviction or order, or if it be a warrant upon an information for an alleged indictable offence, nevertheless if a summons (a) were issued previously to such warrant, and such summons were served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and he did not appear (b) according to the exigency of such summons, in such case no such action shall be maintained against such justice for anything done under such warrant.

III. [The action must be brought against the J. P. who makes the conviction.] That where a conviction or order shall be made by one or more justice or justices of the peace, and a warrant of distress or of commitment shall be granted thereon by some other justice of the peace bona fide and without collusion, no action shall be brought against the justice who so granted such warrant by reason of any defect in such conviction or order, or for any want of jurisdiction in the justice or justices who made the same, but the action (if any) shall be brought against the justice or justices who made such conviction or order.

IV. [No action for issuing a distress warrant for poor rate.] That where any poor rate shall be made, allowed, and published, and a warrant of distress shall issue against any person named and rated therein, no action shall be brought against the justice or justices who shall have granted such warrant by reason of any irregularity or defect in the said rate, or by reason of such person not being liable to be rated therein (c); and that in all cases where a discretionary power shall be given to a justice of the peace by any act or acts of parliament, no action shall be brought against such justice for or by reason of the manner in which he shall have exercised his discretion in the execution of any such power (d).

V. If a justice refuse to do an act, the Q. B. may by rule order him to do it.] And whereas it would conduce to the advancement of justice, and render more effective and certain the performance of the duties of justices, and give them protection in the performance of the same, if some simple means, not attended

(a) See Bessell v. Wilson, 1 El. & Bl. 489.

(b) Appearance by counsel or attorney is sufficient, id.

(c) See Weaver v. Price, 3 B. & Ad. 409; R. v. Gt. Yarmouth Js. 4 N. S. Cas. 313. This will not pro

tect justices for granting a warrant to levy poor-rates, if the party distrained had no land in the district for which the rate was made.

(d) See Bassett v. Godschall, 3 Wils. 121.

with much expense, were devised by which the legality of any act to be done by such justices might be considered and adjudged by a court of competent jurisdiction, and such justice enabled and directed to perform it without risk of any action or other proceeding being brought or had against him: be it therefore enacted, that in all cases where a justice or justices of the peace shall refuse to do any act relating to the duties of his or their office as such justice or justices, it shall be lawful for the party requiring such act to be done to apply to her Majesty's Court of Queen's Bench in Ireland, upon an affidavit of the facts, for a rule calling upon such justice or justices, and also the party to be affected by such act, to show cause why such act should not be done; and if after due service of such rule good cause shall not be shown against it, the said court may make the same absolute, with or without or upon payment of costs, as to them shall seem meet; and the said justice or justices upon being served with such rule absolute shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted against such justice or justices for having obeyed such rule, and done such act so thereby required as aforesaid (e).

VI. [After conviction confirmed on appeal, no action lies.] That in all cases where a warrant of distress or warrant of commitment shall be granted by a justice of the peace upon any conviction or order which, either before or after the granting of such warrant, shall have been or shall be confirmed upon appeal, no action shall be brought against such justice who so granted such warrant for anything which may have been done under the same by reason of any defect in such conviction or order.

VII. [When an action brought where by this act it is prohibited.] That in all cases where by this act it is enacted that no action shall be brought under particular circumstances, if any such action shall be brought it shall be lawful for a judge of the court in which the same shall be brought, upon application of the defendant, and upon an affidavit of facts, to set aside the proceedings in such action, with or without costs, as to him shall

seem meet.

VIII. [Limitation of action.] That no action shall be brought against any justice of the peace for anything done by him in the execution of his office, unless the same be commenced within six calendar months next after the act complained of shall have been committed.

IX. [Notice of action.] That no such action shall be commenced against any such justice of the peace until one calendar

(e) See ante, p. 9-12 for commentaries on this section.