O'Grady v Synan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1900
• Date: 01 January 1900
• Court: King's Bench Division (Ireland)

O'Grady

and

Synan.

602 THE HUSH REPORTS. [19CO. Appeal, at all in the sense which would lead to the application of the maxim 190- quoted. lorKowrs ^n ^ne l116^011 f compensation for damage, what we have to - consider is, not whether this particular act is within the purview of the Grand Jury Act, but whether it is within the present law of compensation for malicious injury, as enacted by sect. 5 of the Local Government (Ireland) Act. In my opinion it is. As to Mr. Ronan's argument with reference to the case of the fifth boy that he was doing an innocent act in trying to get out, that is not the question ; he had done what was unlawful in getting in, and then in kicking recklessly about with his foot in trying to get out, he broke the mirror. He was doing au unlawful and malicious act, punishable on indictment under the Malicious Damage Act. Solicitor for applicant: C. P. Tracy. Solicitor for Kildare County Council: W. Grove White. R. D. M. Q. B. Div. 1900. May 1. 0'GRADY v. SYNAN (1). Appeal EstoppelJudgmentCertiorari to quash order of Inferior CourtApplica-June 5. tion refusedGrounds of decision differentMistake of law. Prior to December, 18S9, the plaintiff was entitled to receive from the defendant a tithe rentcharge of £4 Is. 5d, per annum out of the lands of B., in the county of Limerick. In December, 1889, the defendant applied to the Chairman and Justices of the county to vary this tithe rentcharge, and by order of Quarter Sessions, dated the 30th December, 1S89, it was reduced to £1 19s. Id. The plaintiff then obtained from the Queen's Bench Division a conditional order for a writ of certiorari to quash the order of the Quarter Sessions ; but on the loth May, 1890, on cause shown, the conditional order was discharged. From May, 1890, until the decision of the Court of Appeal in Regina (Metge) v. Justices ofMeath ([1898] 2 I. R. 592), on the 28th January, 1898, the defendant paid to the plaintiff, and the plaintiff accepted (1) In the Queen's Bench Division, before Anduews, Gibson, and Kenny, JJ. Vol. II.] QUEEN'S BENCH DIVISION. 603 from him, tithe rentcharge at the rate of £1 19s. Id. It was admitted that Q. H, Div. the Dublin Gazelle did not from 1887 to 1889 contain any publication of the 1900. average prices of corn, but the absence of such publication was not the ground O'GiiADr upon which the order reducing the tithe rentcharge had been impeached. * S v \ w After the decision of Metye's Case the plaintiff sued the defendant to recover the difference between £4 Is. od., and £1 19s. Id., for the years from 1890 to 1898. On a case stated : Held (affirming the decision of the Queen's Bench Division), 1, that the plaintiff was not estopped by the order of tho Queen's Bench Division of the loth May, 1890, from alleging that the order of the 30th December, 1889, was bad ; and 2, that the plaintiff was entitled to recover six years of the arrears which had accrued prior to the commencement of the suit. Case stated at the Spring Assizes for the county of Limerick, held on the 6th March, 1900, by Palles, C.B., on an appeal from a decision of His Honour Judge Adams dismissing a civil bill brought by the plaintiff to recover a sum of £19 18s. lid., arrears for 7i years, at £2 2s. 4d. per annum, and one year at £4 Is. 5d., of tithe rentcharge. It was admitted : 1. That, prior to the 30th December, 1889, the plaintiff was entitled to receive and did receive from the defendant a tithe rentcharge of £4 Is. 5d. per annum out of the lands of Ballyvad-dock, in the parish of Iveruss. 2. That, by an order of the Chairman and Justices of the county of Limerick, made at Bathkeale on the 30th December, 1889, the said tithe rentcharge payable out of the said parish was purported to be varied and reduced in the proportion of £118s. 8^d. to 18s. 9frf. 3. That thereupon, if such order were valid, the said rent-charge of £4 Is. 5d. became and was reduced to the sum of £1 19s. Id. That a conditional order for a writ of certiorari to bring up and quash the said order on the grounds therein set forth was obtained from the Queen's Bench Division on the 1st May, 1890 ; aud 4. That, by an order of the Queen's Bench Division of the 15th May, 1890, the said conditional order was discharged and the cause shown allowed. After the order of the 15th May, 1890, the plaintiff did not claim tithe rentcharge at the rate of £4 Is. 5d. per annum, for or in any year, until after payment of the gale 604 THK...