HC Deb 01 March 1901 vol 90 cc197-8
MR. BOYLE (Donegal, W.)

I beg to ask Mr. Attorney General for Ireland if his attention has been drawn to the decision in the King's Bench Division in Ireland, in the case of King (M'Intyre) versus The County Court Judge and Justices of the County Donegal, in which it was decided that when the voting of the magistrates on the bench at licensing sessions is equal no adjudication on the matter at issue has taken place; and, whether this decision applies to cases heard at petty sessions courts in Ireland when the Bench is equally divided.


The King's Bench decided in the case mentioned that where the justices are equally decided on the question of the truth, sufficiency and validity of an objection to the granting of a licence lodged under the third section of the Licensing Act of 1883, no adjudication can take place. Whether the same result would follow in any other case will depend upon the wording of the statute on which the preceedings are grounded.