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Keers v Ballymoney R D. C

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1930
Date01 January 1930
CourtAssizes (Northern Ireland)
[Assizes, N. I.],
Keers
and
Ballymoney R. D. C

Witness' expenses - Labourers Acts - Attendance of witness at inquiry - Debt payable out of poor rate - Limited time for payment -When debt, claim or demand becomes due - Local Government (Ir.) Act, 1898 (61 62 Vict. c. 37), s. 51 (7) and (8).

The plaintiff, a medical officer of health in the employment of the defendant council, attended at an inquiry held in 1926 under the Labourers Acts, and gave evidence on two occasions. He also inspected twelve plots for proposed labourers' cottages, and his evidence dealt with the suitability of these plots for cottage sites. Under the Labourers Acts he was entitled to a fixed fee of 5s. for each cottage site he inspected, and a fee not to exceed two guineas for each day he attended at the inquiry. It was admitted that the fee for inspecting the cottage sites was irrecoverable. The plaintiff did not make application for his fees, but in February, 1929, the clerk of the defendants wrote inquiring how many plots he had inspected and how many days he had attended at the inquiry. The plaintiff replied, and the clerk fixed the remuneration in March, 1929, at £7 4s.. The defendants were agreeable to pay this sum, but the Ministry of Home Affairs refused to sanction the payment as they held the defendant council was bound by...

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