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Londonderry County Council v.Hunter

Irish Reports (Digests) Irish Reports Cited authorities 8 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date13 February 1924
Date13 February 1924
CourtCourt of Appeal (Northern Ireland)
C. A.,
N. I.,
Londonderry Corporation and Londonderry County Council
and
Hunter

Appointment by High Sheriff of county - Liability of Corporation to contribute to salary - Courthouse built by county situate in borough - Grand Jury (Ireland) Act, 1836 (6 7 Wm. 4, c. 116), ss. 79, 110, Sched. S. -Cork (County and City) Courthouses Act, 1891 (54 55 Vict., c. CXI.), ss. 5, 7 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37), ss. 4, 21, 69 (3) - Local Government (Application of Enactments) Order, 1898, Art. 27, s. 5 -Londonderry (County and County Borough) Adjustment Order, 1901 - Londonderry (County and Borough) Adjustment Order, 1903 - Local Government (Ireland) Act, 1900 (63 64 Vict., c. 63), s. 4.

H. was appointed courthouse keeper of a county courthouse by agreement in writing made between the High Sheriff of the county and him. The agreement provided (inter alia) that the salary should be that fixed by the Local Government (Ireland) Acts, 1898 and 1900. The half-yearly salary due to H. up to 31st December, 1919, being in arrear, H. sued the City Corporation by civil bill in the Recorder's Court for payment thereof; and the Recorder, having joined the County Council and adjourned the hearing, ultimately gave a decree for £25, and struck the County Council's name out of the process. From this decree the Corporation appealed, and Dodd, J., affirmed the decree as against both defendants without determining the proportions for which...

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