Nee v Galway County Council and Galway Board of Health

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 18 December 1926
• Docket Number: (1924. No. 8,072.)
• Date: 18 December 1926

S. C.,

Nee

and

Galway County Council and Galway Board of Health

Abolition of Boards of Guardians - Powers and duties transferred to Committee of County Council - Abolition of workhouse - Disemployed official - Removal from office - Superannuation - Amount fixed by resolution of Board of Guardians - Validity of resolution - Certificate of Guardians - Claim payable out of poor rate - Limited time for payment - Portion of claim barred - Application for incorrect amount of superannuation signed under protest - No estoppel - Not operative as an accord and satisfaction - Local Government (Ir.) Act, 1898 (61 62 Vict., c. 37), s. 51 (7) -Local Government (Ir.) Act, 1919 (9 10 Geo. V., c. 19), s. 8 - Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), s. 11.

A Board of Guardians in Co. Galway resolved to adopt a "county scheme," which involved their own dissolution and the discontinuance of the services of the plaintiff, a porter in their employment, and, by resolution passed on October 26th, 1921, they fixed his superannuation "at the full two-thirds" of his salary and emoluments. This amounted to £80 7s. 6d. per annum, and this was in fact the maximum allowance that could have been made to him under s. 8 of the Local Government (Ir.) Act, 1919. On October 28th, 1921, a "certificate"...