Galway County Council v Minister for Finance and Attorney General

• Jurisdiction: Ireland
• Judgment Date: 20 February 1931
• Date: 20 February 1931
• Court: High Court (Irish Free State)

I.F.S.]

Galway County Council

and

Minister for Finance

Awards paid by County Council - Liability assumed by Minister for Finance - Repayment claimed by County Council - Assignment of sum awarded - Action against Minister for Finance - Damage to Property (Compensation) Act, 1923, ss. 1, 13 -Increased compensation - Damage to Property (Compensation) (Amendment) Act, 1926, ss.2, 6 - Construction of Appropriation Acts -Revision of voters' lists - Payment of expenses -Representation of the People Act, 1918 (7 8 Geo. 5, c. 64), ss. 15, 44 (3) (d) - Voluntary payments - Debt due to the State - Prerogative right - State not bound by statute unless so provided -Payments out of poor rate - Time limit - Local Government (Ir.) Act, 1898, s. 51 (7) - Witnesses' expenses at criminal trials - Grand Jury (Ir.) Act, 1836, ss. 35, 105 - Cost of conveyance of prisoners before trial - 14 15 Vict. c. 85, s. 4.

An arrangement was made between the British Government and the Government of the Irish Free State whereby payment for malicious damage done to property in the Irish Free State during the period 21st January, 1919, to 11th July, 1921, was to be borne by the two Governments in certain proportions. Subsequently, by the Treaty (Confirmation of Amendment Agreement) Act, 1925, the Government of the Irish Free State assumed all liability undertaken by the British Government in respect of malicious damage done to property after 21st January, 1919. The various Appropriation Acts passed in the Irish Free State each year, beginning with that passed in the year 1922, granted large sums for expenditure in respect of damage done to property on or after 21st January, 1919. In September, 1922, the Ministry of Finance of the Provisional Government sent the Galway County Council a sum of £88,175 1s. 8d. in respect of withheld grants from the Local Taxation (Ir.) Account for the years 1920-21 and 1921-22, less the sum of £6,952 11s. 10d., such deduction representing "sums applied in meeting liabilities other than under Criminal Injuries Acts." The letter from the Ministry accompanying the payment made it clear that the payment was of a provisional character only, as it stated that "certain minor adjustments still remain to be made, but it is considered advisable not to delay on this account the issue of payments to which local authorities are prima facie entitled." In November, 1928, the said County Council brought an action against the Minister for Finance and the Attorney-General...