Sligo Board of Health v Lee

• Jurisdiction: Ireland
• Judgment Date: 09 November 1935
• Date: 09 November 1935
• Court: High Court (Irish Free State)

I. F. S.]

Sligo Board of Health

and

Lee

Cost of relief - Right of Board of Health to recover - Poor Relief (Ir.) Act, 1838 (1 2 Vict. c. 56), s. 55 - General Regulations of the 18th December, 1882, Art. 22 -Local Government (Temporary Provisions) Act,1923 - Sligo County Scheme Order, 1923, Sch., Arts. 12, 15 and 19 - Statute of Limitation applicable to claim under the Scheme - Whether simple contract or specialty - Common Law Procedure Amendment Act (Ir.), 1853 (16 17 Vict. c. 113), s. 20 - Claim founded on statute.

The Sligo County Scheme, contained in the Schedule to the Order of the Minister for Local Government and Public Health, dated the 28th June 1923, made in pursuance of s. 5 of the Local Government (Temporary Provisions) Act, 1923, provides by Art. 12 that the powers and duties of the Guardians of the Poor in relation to the relief of tho poor in County Sligo should be transferred to the Board of Health, and by Art. 15 provides for the establishment and maintenance of the necessary institutions, including a County Home, for the reception of persons eligible for relief. Art. 19 of the Scheme provides that:—"Nothing in this Scheme shall be construed so as to diminish the powers and duties transferred to the Board of Health by Article 12 with respect to the enforcement where possible of the repayment of the cost of relief and for the purpose of such enforcement such relief shall be treated as if it had been given by...