R (Guardians of the poor of the Castlerea Union) v Local Government board for Ireland

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 23 November 1909
• Date: 27 January 1909
• Court: Court of Appeal (Ireland)

The King (Guardians Of The Poor Of The Castlerea Union)

and

The Local Government Board For Ireland (1).

K. B. Div.

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1909.

Poor Law — Alteration of dispensary districts — Medical Charities Act, 1851 (14 & 15 Vict. c. 68), sect. 6 — Local Government Board — Requisition to Guardians — Sealed order — Certiorari — Discretion of Court.

Held, by the Court of Appeal, affirming the judgment of the King's Bench Division, that the sealed order was valid; that the letter of the 29th May was a sufficient requisition to the Guardians, under the 6th section of the Medical Charities Act, 1851, to alter the districts; and that, notwithstanding the imperative language in the concluding part of the order, it was open to the Guardians to formulate an alternative scheme, and that the resolution of the 4th July was, in substance, a refusal by the Guardians to do so, which had the effect of waiving any informality in the requisition, and the necessity of making any further requisition; further, that the provision as to medical officers and midwives did not invalidate the order.

Per Gibson, J.: The provision, if in itself bad, was severable.

Per Kenny, J.: The provision was redundant and superfluous.

The alteration of dispensary districts does not affect the status of medical officers attached to the district before alteration.

Held, also, by the King's Bench Division, that the Court, in its discretion, should refuse certiorari under the circumstances of the case.

Application on behalf of the prosecutors, the Guardians of the Castlerea Union, to make absolute a conditional order for a certiorari to bring up for the purpose of being quashed a sealed order of the Local Government Board, dated the 18th September, 1908, re-dividing the dispensary districts of the Union, notwithstanding cause shown on behalf of the Local Government Board by the affidavit of their secretary, Mr. A. R. Barlas.

The conditional order, dated the 13th October, 1908, was granted on the affidavit of Mr. P. A. Flanagan, Clerk of the Board of Guardians. The material facts of the case were not in dispute, and were as follows:—

On the 8th and 9th April, 1908, an inquiry was held by Sir Acheson M'Cullagh, Inspector of the Local Government Board, into the local medical relief arrangements of the district, at which a considerable amount of evidence was given by the Guardians and other persons. On the 29th May, 1908, the Local Government Board wrote to the Guardians, enclosing a minute of the evidence taken at the inquiry. At that time there were four dispensary districts in the Union, viz., Ballaghadereen, Castleplunket, Castlerea, and Frenchpark. The letter of the 29th May, after adverting to the fact that Dr. M'Dermott, medical officer of Ballaghadereen district, had resigned, and that the attention of the Board had been attracted to the large size and population of that district, as also of the Castlerea district, and that these might be reconstituted with or without an addition to the medical staff, proceeded to state that at the inquiry two schemes had been put forward, one continuing the existing number of medical officers at four, the other increasing them to five. The letter then mentioned a scheme for redistribution put forward by one of the Guardians, Mr. M. H. Grogan, viz.:—

(1) That the Castleplunket district should be enlarged by transferring to it the Baslick electoral division from Frenchpark district.

(2) That Castlerea district should be reduced to one-half its existing size, the medical officer, Dr. Donnellan, continuing to reside at Castlerea.

(3) That a new dispensary district be formed, consisting of three divisions from Castlerea and two from Ballaghadereen, the medical officer to reside at Ballinlough.

(4) That the Ballaghadereen dispensary district should consist of three of the divisions hitherto comprised in it.

(5) That the Frenchpark dispensary district should remain constituted as theretofore, less by Baslick transferred to Castleplunket.

A map showing these proposed dispensary districts was enclosed, and the letter after referring to a resolution of the Guardians, dated 25th April, 1908, approving of the appointment of a fifth doctor, but only on condition that Loughlinn and Ballinlough be made the centres of the re-arranged districts, expressed the sanction of the Local Government Board to the creation of an additional medical officership, and to the towns of Castlerea, Ballinlough, Loughlinn, Ballaghadereen, and Frenchpark being the headquarters of the five medical officers; but that, as Dr. Donnellan had hitherto resided at Castlerea, he should not be required, during his term of office, to change his residence to Ballinlough, unless the Guardians considered it necessary in the interests of the sick poor that he should do so; but that on the appointment of a new medical officer for Ballinlough such officer should be required to reside there. The salaries of the incoming medical officers of the new Ballaghadereen and Loughlinn dispensary districts to be fixed by the Guardians in the usual way after notice, the Board expressing their willingness to consider any suggestions of the Guardians as to the salaries to be fixed by the Board for Doctors Donnellan and O'Donohoe for their reconstructed districts. In dealing with this they should bear in mind Dr. Donnellan's long and good service in the Union, and that he would lose in registration and vaccination fees by the abstraction of the Castlerea division from his district; and that Dr. O'Donohoe would have increased work, had also long and good service in the Union, and should, therefore, receive a suitable increase of salary.

The letter concluded as follows:—

“In pursuance of section 6 of the Act 14 & 15 Vict. c. 68, the Board have now formally to require the Guardians to alter the Castleplunket, Castlerea, and Ballaghadereen dispensary districts, and to form instead four new dispensary districts, as follows:—

“(1) The Castleplunket Dispensary District, consisting of the Ballintober, Carrowduff, Castleplunket, Castlerea, and Castlesheen electoral divisions: area, 38,462 acres; population, 5181.

“(2) The Ballinlough Dispensary District, consisting of the Ballinlough, Cloonfower, Coolougher, and Kiltullagh electoral divisions: area 41,116 acres; population, 8857.

“(3) The Ballaghadereen Dispensary District, consisting of the Ballaghadereen and Edmondstown electoral divisions: area, 19,172 acres; population, 6005.

“(4). The Loughlinn Dispensary District, consisting of the Artagh North and Artagh South and Loughlinn electoral divisions: area, 26,530 acres; population, 6505.

“A special meeting of the Guardians should he summoned to deal with this very important matter. A map of the new dispensary districts is annexed.”

The Guardians held a meeting on the 4th July, 1908, when the following resolution was passed:—

“That having carefully considered the letter of the Local Government Board, dated 29th May last, re the constitution of the dispensary districts of the Union, the Guardians consider that the proposal made by the Local Government Board in regard to the arrangement of the Castlerea dispensary district is too ridiculous to be for a moment entertained, and they persist in sticking to the resolution of 25th April last; and when the Local Government Board sanction same, the Guardians will then propound their scheme for the better attendance on the sick poor in the several dispensary districts of the Union.”

Nothing further occurred until, on the 18th September, the Local Government Board issued a sealed order in the following terms:—

THE LOCAL GOVERNMENT BOARD FOR IRELAND.

Castlerea Union.

To the Guardians of the Poor of the Castlerea Union,

and to all others whom it may concern.

Whereas, under the provisions of section 6 of the Poor Relief (Ireland) Act, 1851, the Castlerea Union has been divided into dispensary districts, whereof one such district is named the Castleplunk dispensary district, and now consists of the district electoral divisions of Ballintober, Carrowduff, Castleplunket, and Castlesheen; another such district is named the Castlerea dispensary district, and now consists of the district electoral divisions of Ballinlough, Castlerea, Cloonfower, Coolougher, and Kiltullagh; and another such district is named the Ballaghadereen dispensary district, and now consists of the district electoral divisions of Artagh North, Artagh South, Ballaghadereen, Edmondstown, and Loughlinn:

And whereas, the Guardians of the Poor of the Castlerea Union have neglected to alter the said existing Castleplunket, Castlerea, and Ballaghadereen dispensary districts, when required by us, the Local Government Board for Ireland:

Now, therefore, we, the Local Government Board for Ireland, in exercise of the powers given to us by section 6 of the Poor Belief (Ireland) Act, 1851, and of all other powers enabling us in this behalf, do hereby declare and order that on and after the 1st day of October, 1908, the said existing Castleplunket, Castlerea, and Ballaghadereen dispensary districts should be altered in manner following, that is to say—

(1) The Castleplunket dispensary district shall consist of the district electoral divisions of Ballintober, Carrowduff, Castleplunket, Castlerea, and Castlesheen.

(2) The Castlerea dispensary district shall be called the Ballinlough dispensary district, and shall consist of the district electoral divisions of Ballinlough, Cloonfower, Coolougher, and Kiltullagh.

(3) The Ballaghadereen dispensary district shall consist of the district electoral divisions of Ballaghadereen and Edmondstown.

(4) Another dispensary district, which shall be called the Loughlinn dispensary district, shall be constituted, and shall consist of the district electoral divisions of Artagh North...