Guardians of The Poor of The Abbeyleix Union v Sutcliffe and Others
| Jurisdiction | Ireland |
| Judgment Date | 01 March 1890 |
| Date | 01 March 1890 |
| Court | Queen's Bench Division (Ireland) |
Q. B. Div.
Before O'BRIEN, HOLMES, and GIBSON, JJ.
Smith v. WhittinghamENR 6 C. & P. 78.
Kitchen, Ex parte Young 17 Ch. Div. 668.
Fraser v. Walsh 2 Ir. Jur. (O. S.) 183.
Loveland v. KnightENR 3 C. & P. 206.
Whitnash v. GeorgeENR 8 B. & C. 556.
Bacon v. ChesneyENR 1 Stark. 192.
Kitchen, Ex parte Young 17 Ch. Div. 321.
Re Missouri Steamship Co. 42 Ch. Div. 321.
The Carmarthem and Cardigan Railway Co. v. Manchester and Milford Railway Co. L. R. S.C. P. 685.
Goss v. Watlington 3 Br. & 132.
Stephen v. GwenapUNK 1 M. & R. 120.
Wright v. Tatham 7 A. & E. 318.
Evans v. BeattyENR 5 Esp. 26.
Higham v. Ridgway 10 st. 109.
Price v. TorringtonENR 1 Salk. 285.
Goss v. Watlington 3 Br. & Bing. 132.
Price v. TorringtonENR 1 Salk. 285.
Higham v. RidgwayENR 10 East. 109.
Town of Union v. Bermes 43 Amer. R. 369.
Ex parte Young 17 Ch. Div. 668.
Greene v. Geoghengan L. Rec. (O. S.)415.
Price v. The Earl of TorringtonENR 1 Salk. 285.
Bond — Rate — Clauses that correct accounts should be kept, and balance appearing due paid over — Entries in books kept by collector — Admissibility in evidence against sureties.
332 LAW REPORTS (!!ELAND). R. L GUARDIANS OF THE POOR OF THE ABBEYLEIX UNION v. SUTCLIFFE AND OTHERS (1). Bond-Rate-collector-Clauses that correct accounts should be kept, and balance appearing due paid over-Entries in books kept by collector-Admissibility in evidence against sureties. A rate-collector's bond, executed by himself and sureties, was, upon the conditions inter alia that the collector should collect the whole of the rates lawÂfully recoverable and pay the amount of the rates so collected to the treasurer whenever the same exceeded £50, and also that he should deliver to the person or persons authorized to require the same true and perfect accounts in writing under his hand of all moneys received by him as collector, and when required to do so should deliver up his books and pay to the treasurer such money as, upon the balance of any account or accounts, should appear to be in his hands. The rate-collector having made default and absconded, an action was brought on the bond against him and the sureties, suggesting as a breach that he had collected £223, but had not paid over the same to the treasurer. One of the sureties took defence, denying that the amount sued for had been collected, and the only evidence of receipt by the collector of the moneys claimed were the entries made by him in the accounts kept by him as rate-collector :- Held (diss. O'Brien, J.), that these entries were admissible in evidence against the sureties. AcrioN upon a rate-collector's bond, tried before Mr. Justice Gibson and a common jury, in Dublin, at the Hilary Sittings, 1890. The bond was entered into jointly and severally by the defendant John Sutcliffe the rate-collector, and the defendants James Dobson, and William Baldwin (his sureties), with the plaintiffs, for the payment of the penal sum of £800, conditioned for the faithful discharge by the defendant Sutcliffe of the duties of rate-colÂlector. The breach alleged was that Sutcliffe collected rates and assessments amounting to £223 11 s. 10d., but did not pay that sum to the treasurer of the Union in breach of the conditions of the bond. The defendant William Baldwin, by his answer to the (1) Before O'BRIEN, HOLUES, and OinsoN, JJ. VOL. XXVI.] Q. B. & EX. DIVISIONS. 333 suggestion, denied that the defendant John Sutcliffe did collect Q. B. 0 .D. iv. the said sum or any part thereof. The plaintiffs sought at the GUARDIANS, trial to have damages assessed against Sutcliffe and Dobson, who A ...BBEYLEIX had not pleaded. Sutcliffe did not appear, having absconded. UNION . The clerk of the plaintiff's Union was examined as a witness, and LIFF E. produced the bond, which was entered. He stated that the books furnished to the collector in pursuance of the rules were :-1, reÂceipt abstract-book ; 2, receipt-book ; 3, collecting-book, with warrant. Sutcliffe was bound, as collector, to keep those books accurately. The books showed the collection of £223 lls. 10d. not paid. over. A sealed copy of the Local Government Board's Accounts Order (8th April, 1853) was also entered for the plainÂtiffs. No further evidence having been given, counsel for the defendants Dobson and Baldwin asked for a direction, on the ground that there was no evidence as against them of any receipt by Sutcliffe. His Lordship declined, and directed the jury to find that John Sutcliffe had collected the sum of £223 lls. 10d., and that he had not paid...
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