[1981] 1 I. R. 233 Neville Francis King



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[1981]
1 I.R.

King v. The Attorney General



235
H.C.


16 McGee v. The Attorney General [1974] I.R. 284.

17 Papachristou v. City of Jacksonville (1972) 405 U.S. 156.

18 The State (Healy) v. Kennedy —High Court: 20th January, 1976.

19 The State (C.) v. The Minister for Justice [1967] I.R. 106.

20 The State (Kennedy) v. Little [1931] I.R. 39.

21 Deaton v. The Attorney General [1963] I.R. 170.

22 In re McAllister [1973] I.R. 238.

23 Maher v. The Attorney General [1973] I.R. 140.

24 Cahill v. Sutton [1980] I.R. 269.

25 Regional Rail Reorganization Act Cases (1974) 419 U.S. 102.

26 Lynch v. United States (1934) 292 U.S. 571.

27 Attorney-General for Alberta v. Attorney General for Canada [1947] A.C. 503.

28 Hinds v. The Queen [1977] A.C. 195.

29 The Attorney General v. Cunningham [1932] I.R. 28.

30 The People (Attorney General) v. Edge [1943] I.R. 115.


Plenary Summons

On the 13th July, 1976, the plaintiff issued a summons in the High Court and claimed a declaration that the provisions of s. 4 of the Vagrancy Act, 1824, and of s. 15 of the Prevention of Crimes Act, 1871, and of s. 7 of the Penal Servitude Act, 1891, were inconsistent with the provisions of the Constitution of Ireland, 1937, and had not been continued in force by Article 50, s. 1, thereof and did not form part of the law of the State. He also claimed a declaration that certain convictions entered against him in the District Court on the 11th November, 1975, and the 2nd July, 1976, for contraventions of the provisions of s. 4 of the Act of 1824 were invalid.

The provisions of s. 4 of the Act of 1824 did not apply initially to Ireland but were extended to Ireland by s. 15 of the Act of 1871.

On the 13th November, 1975, the plaintiff was convicted in the District Court on two charges which were laid as follows:— "(a) That you, the said defendant, being a suspected person, were found between 8.30 p.m. and 9.30 p.m. on the 11th day of November, 1975, at Dartmouth Road in the Dublin Metropolitan District loitering with intent to commit a felony, to wit, housebreak and steal, contrary to section 4 of the Vagrancy Act, 1824. (b) That you, the said defendant, did between 8.30 p.m. and 9.30 p.m. on the 11th day of November, 1975, at Dartmouth Road in the Dublin Metropolitan District have in your possession housebreaking implements, to wit, two screwdrivers, a tyre lever, hacksaw, haversack, shifting spanner and candle with intent to commit some felonious act, to wit, to steal, contrary to section 4







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