The Guardians of The Castlebar Union v The Earl of Lucan. The Guardians of Westport Union v Same

JurisdictionIreland
CourtQueen's Bench Division (Ireland)
Judgment Date20 January 1849
Date20 January 1849

Queenƒ€™s bench.

THE GUARDIANS OF THE CASTLEBAR UNION
and
THE EARL OF LUCAN.
THE GUARDIANS OF WESTPORT UNION
and
SAME.

King v. Burrell 12 A. & E. 468.

The King v. The Justices of SurreyENR 2 T. R. 504.

The King v. The Inhabitants of BarnhamENR 8 B. & C. 104.

The King v. SkoneENR 6 East, 513.

Jones v. SmartENR 1 T. R. 51.

Milward v. Caffin 2 W. Black. 1329.

Governors of Bristol Poor v. Wait 1 A. & E. 264.

Marshall v. PitmanUNKENR 2 M. 7amp; Sc. 745.

Skingley v. Surridge 11 M. & Wels. 503.

Moss v. The Overseers of LichfieldUNK 8 Scott, N. R. 832.

Clarke v. White 2 Cr. & Dix, C. Cas. 443.

Cortis v. The Kent Water Works Company 7 B. & Cress. 330.

Bonnell v. BeigtonSC 5 . R. 182.

Durrant v. BoysENR 6 T. R. 580.

Hutchins v. Chambers 1 Bur. 580.

H. T. 1849. Queen'sBeach. THE GUARDIANS OF THE CASTLEBAR UNION v. THE EARL OF LUCAN. THE GUARDIANS OF WESTPORT UNION v. SAME. DEBT, brought by the Guardians of the Castlebar and Westport Unions against the Earl of Lucan, to recover the amount of a poor-rate made upon him as immediate lessor of persons occupying tenements of less annual value than I4 within said unions. The case was tried before LEFROY, B., at the Summer Assizes of the county Mayo, 1848 ; and in the first case, that of the Guardians of the Castlebar Union, the plaintiffs produced the rate-books, whence it appeared that the Earl of Lucan was therein rated by name as immediate lessor of the occupiers of the tenements. The plaintiffs insisted that the rate-books were conclusive evidence to establish the liability of the defendant, and thereupon closed their case. - In the second case the plaintiffs, in addition to the production of the rate-books, gave parol evidence that the defendant was the immediate lessor; but in this case the Earl of Lucan was not rated by name in the rate-books, but simply as the lessor. The defendant produced evidence to rebut the statement of his being immediate lessor, proving that he had demised the tenements to, a lessee, who had sublet to the persons in occupation. This evidence was objected to on the part of the plaintiffs, insisting, as before, that the rate-books were conclusive. The learned Judge received the evidence, and ultimately it was consented that a verdict should be entered for the plaintiffs in each case, subject to be turned into one for the defendant, in case the Court above should be of opinion CASES AT LAW. 45 that the rate-books were not conclusive evidence as to the...

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3 cases
  • Rush, in Replevin, v The Guardians of The Poor of The Roscommon Union and Thomas Conry
    • Ireland
    • Queen's Bench Division (Ireland)
    • November 15, 1852
    ...Bench RUSH, in replevin, and THE GUARDIANS OF THE POOR OF THE ROSCOMMON UNION and THOMAS CONRY. Lucanƒ€™s case 13 Ir. Law Rep. 44. The Churchwardens of Birmingham v. Shaw 10 Q. B. 868. Lynch v. The Guardians of the Ballinrobe Union 3 Ir. Jur. 254. Marshall v. PitmanENRENR 9 Bing. 595; ......
  • The Queen v Higgins
    • Ireland
    • Court of Criminal Appeal
    • December 20, 1851
    ...Appeal. THE QUEEN and HIGGINS. The Guardians of the Castlebar Union v. Lord Lucan 13 Ir. Law Rep. 44. The Queen v. Pigott 1 Com. Law Rep. 471. Governors of the Poor of Bristol v. Wait 1 A. & E. 264; S. C. 10 Q. B. 868. COMMON LAW REPORTS. 213 M. T. 1851. Cr. Appeal. THE QUEEN v. HIGGINS. De......
  • The Guardians of The Poor of The Limerick Union v White
    • Ireland
    • Queen's Bench Division (Ireland)
    • April 26, 1852
    ...of St. Nicholas RochesterENR 5 B. & Ad. 226. Rex v. Morgan 2 A. & E. 618. Guardians of the Castlebar Union v. The Earl of Lucan 13 Ir. Law Rep. 44. Milward v. Caffin 2 W. BL 1330. Bristol Union v. Wait 1 A. & E. 264. 630 COMMON LAW REPORTS. E. T. 1852. Queen's Bench THE GUARDIANS OF THE POO......

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