Guardians of The Limerick Union v Heffernan

JurisdictionIreland
Judgment Date10 May 1877
Date10 May 1877
CourtChancery Division (Ireland)

V. C. Court.

GUARDIANS OF THE LIMERICK UNION
and

HEFFERNAN.

Lally v. ConcannonUNK 3 Ir. C. L. R. 557.

Eyre v. M'DowellENR 9 H. L. C. 619.

Thorpe v. AdamsELR L. R. 6 C. P. 125.

Reg v. ChampneysELR L. R. 6 C. P. 384.

Shephered v. Hodsman; Lyn v. Wyn Bridg. 122.

Poor rates — Civil-bill decrees for — Effect of decrees when filed in Superior Courts — Charge upon lands of debtor situate within the Union — Receiver — Sale — Statute — Construction of — Implied repeal.

302 THE IRISH REPORTS. [I. V. C. Court. GUARDIANS OE THE LIMERICK UNION v. 1877. HEFFERNAN. May 10. Poor rates-Civil-bill decrees for-Effect of decrees when filed in Superior Courts-Charge upon lands of debtor situate within the Union-ReceiverÂÂSale-Statute-Construction of-Implied repeal. Civil-bill decrees for poor rates, when filed in the Superior Courts pursuant to the 17th section of the 12 & 13 Vict. e. 104, though not subsequently regisÂÂtered. as mortgages under the 13 & 14 Vict. c. 29, become charges upon lands of the debtor situate within the Union, with the priority given by the 18th secÂÂtion of the former Act, and may be raised out of such lands by the appointment of a receiver and by sale. The Judgment Mortgage Act, 13 & 14 Vict. c. 29, does not impliedly repeal the 18th section of the 12 & 13 Vict. c. 104. DEMURRER. The bill stated that the Plaintiffs, as Guardians of the poor of the Limerick Union, obtained civil-bill decrees on the 27th of June, 1874, and 3rd of July, 1875, against the DeÂÂfendant for £56 19s. 9d. and £31 9s. 3d. for poor rates, payable out of certain houses and premises in the city of Limerick, held and occupied by the Defendant. The decrees were removed into the Court of Queen's Bench pursuant to the 12 & 13 Viet. c. 104, s. 17. Execution was issued, and the premises were put up for sale by the sheriff, but there were no biddings, and the sale proved abortive. The bill prayed that the amounts of the decrees might be declared well charged on these lands and premises, all of which were within the Union, in priority over all charges save those mentioned in the 18th section of the Act, and the bill also prayed for a receiver and sale. The Defendant demurred for want of equity. .71fr. Naish, in support of the demurrer.-The question raised by this demurrer is whether the removal of civil-bill decrees for poor rates into the Superior Courts renders them charges upon land. Prior to the 13 & 14 Viet. c. 29, the only mode of recovering poor...

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