An Application by Noble William Johnson, Secretary and Treasurer of The Grand Jury of The County of Cork

• Jurisdiction: Ireland
• Judgment Date: 20 June 1898
• Date: 20 June 1898
• Court: Queen's Bench Division (Ireland)

In The Matter of an Application by Noble William Johnson, Secretary and Treasurer of the Grand Jury of the County of Cork (1).

Q. B. Div.

CASES

DETERMINED BY

THE QUEEN'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1898.

Practice — Equitable execution — Money payable under Grand Jury contract — Maintenance of public road.

A receiver by way of equitable execution cannot be appointed over the amount payable on foot of a Grand Jury contract for maintaining a public road until the work, the subject-matter of the said contract, has been duly executed, according to the terms of the contract, up to the date of the assizes.

Adjourned Interpleader Summons.

On 28th May, 1897, the Hibernian Bank, Limited, entered judgment against P. O'Sullivan for £94 16s. 4d. debt, and £4 16s. costs, making together £99 12s. 4d. The defendant held a contract from the Grand Jury of the county cork to maintain a certain road in that county for five years, at £123 7s. 6d. a-year, payable in half-yearly instalments of £61 13s. 9d. each at each assizes during such period; and, by the terms of his contract he was, subject to the approval of the county surveyor, entitled at the cork spring assizes, 1898, to payment of £61 13s. 9d., being the half year's instalment then payable on foot of such contract for work executed up to said date. The plaintiffs' judgment was unsatisfied; and on the 10th march, 1898, the plaintiffs obtained an order appointing their manager receiver by way of equitable execution over said sum so payable as aforesaid, and said order was duly served on 16th March, 1898. On the 10th March (the date of order) the defendant, by power of attorney, assigned over his interest in the same sum to his surety in the contract. It appeared by the affidavits that the defendant in the previous November, and prior to the Presentment Sessions, duly lodged with the secretary of the Grand Jury an application for the payment to him of the said sum at the next ensuing assizes; and

that the county surveyor duly and in accordance with the provisions of sect. 130 of 6 & 7 Wm. 4, c. 116, and 58 Vict. c. 8, s. 1 (2), certified that such work had been duly executed up to seven days before the holding of such Presentment Sessions; and that said Presentment Sessions (held in November, 1897) duly allowed such application for payment at the Spring Assizes, 1898. The Spring Assizes were opened on 14th March, 1898, on which day the county surveyor duly certified that the defendant had duly executed the said work up...