Cork County Council and O'Donovan v Hill

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: High Court

(H.C.),

Cork County Council and O'Donovan

and

Hill

- Drainage charge - Collection -Failure of County Council to comply with statutory regulation - Validity of demand - Drainage Maintenance Act, 1924 (No. 46 of 1924), s. 7, sub-s. 3 -Public Bodies Order, 1925 (Stat. R. Or., 1925, No. 46), Art. 100.

1. Sect. 7, sub-s. 3 of the Drainage Maintenance Act, 1924, provides that "It shall be the duty of the council of any county in which is situate a drainage district or any part of a drainage district to which a charging order made under this Act applies to collect from the proprietors or (where the proprietor is not also the occupier) the occupiers of so much of the lands charged by such order as is situate in such county all sums payable by the proprietors of such lands to such council under the charging order, and any such sum shall and may be collected and recovered in the like manner as poor rate is or may be collected and recovered."Among the regulations applicable to the collection of poor rate is Art. 100 of the Public Bodies Order, 1925, which provides:—"Immediately on the making of a poor rate by the council the secretary or clerk of the council shall prepare for each collector of poor rate a collecting book of receipt and demand notes (Form 52), and issue the same to him, together with the warrant (Form 47) for the collection of the rate within his collection district. Before issuing the collecting book the secretary or clerk shall cause all forms of receipt and demand note to be fully and accurately filled up, shall see that the particulars given...