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Orr v Fermanagh, Cavan, Monaghan, and Tyrone County Councils

Irish Reports (Digests) Irish Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1923
Date01 January 1923
CourtCourt of Appeal (Northern Ireland)
C. A., N. I.,
Plumb
and
Fermanagh County Council
Orr
and
County Councils of Fermanagh, Cavan, Monaghan and Tyrone

Murder - Compensation - Grand Jury (Ireland) Act, 1836 (6 7 Wm., IV. c. 116), s. 140 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37) s. 5 (2) - Government of Ireland Act, 1920 (10 11 Geo. V., c. 67), s. 1 - No jurisdiction to apportion compensation upon any county outside Northern Ireland.

Applicant's husband, who was a constable in the Special Constabulary, was ambushed in County Fermanagh, near Garrison, within 200 yards of the Leitrim border. He was wounded and carried off into County Leitrim, and his dead body was afterwards found on the Leitrim side of the border. The applicant applied for compensation for the murder of her husband, and asked that the amount should be apportioned between the Counties Fermanagh and Leitrim:—Held, that the Courts of Northern Ireland have no jurisdiction to make an order against any county in Southern Ireland as a "neighbouring county" within the meaning of s. 140 of the Grand Jury (Ireland) Act, 1836 (6 & 7 Wm. IV., c. 116), and that the expression "neighbouring counties" must be taken to mean "neighbouring...

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