Crilly v County Council of Londonderry and County Council of Tyrone
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1939 |
| Date | 01 January 1939 |
| Court | King's Bench Division (Northern Ireland) |
Writ of Certiorari - Injuries committed within one mile of boundary of neighbouring county -Apportionment - Grand Jury (Ireland) Act, 1836 (6 7 Wm. 4, c. 116) section 140 - Power of one county to bring in neighbouring county -Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37) section 5 (2) - Apportionment of less than £100 on county - Validity - Enforceability of decree by means of Writ of Fieri Facias - Criminal Injuries (Ireland) Act, 1919 (9 Geo. 5, c. 14) - Criminal Injuries (Ireland) Act, 1920 (10 11 Geo. 5, c. 66) sections 3, 9.
The applicant brought a claim for compensation for criminal injury against the L. County Council only, in respect of the malicious burning of his mill and machinery in the County of L.The malicious act in respect of which the claim was made occurred in the County of L. within one mile of its boundary with the County of T.The necessary preliminary notice was served on the L. County Council, and this was followed by notice of application for compensation which was also served on the County Council of L., the compensation to be levied off the county or such county or other district, parish, townland or other denomination as the County Court Judge should direct. By notice the solicitors for the County Council of L. intimated that on the hearing of the application, they would apply that so much of the compensation as to the Recorder of L. might seem right should be levied off the County of T. or other district, parish, townland or sub-denomination. This notice was received by the Secretary of the County Council of T. and by the Clerk of the C. Rural District Council. The Recorder of L.made a decree in favour of the applicant and ordered that the T. County Council be added as respondents. He declared the applicant entitled to £160 compensation and £11 12s. 7d. for costs, of which £128 14s. 5d. should be paid by the county of L. and £42 18s. 2d. by the county of T., the sum of £128 14s. 5d. to be raised by the County Council of L. off the electoral division of L. Upper and the sum of £42 18s. 2d. to be raised by the County Council of T. in accordance with the provisions of 6 & 7 Wm. 4, c. 116, section 140. No question was ever raised on behalf of the County Council of T. as to their not having sufficient particulars of the malicious injury or as to...
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