The Queen (at the prosecution of Robert Cochrane) v William F. Littledale

• Jurisdiction: Ireland
• Judgment Date: 01 March 1882
• Date: 01 March 1882
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before MAY, C. J., FITZGERALD and BARRY, JJ.

THE QUEEN (AT THE PROSECUTION OF ROBERT COCHRANE)

and

WILLIAM F. LITTLEDALE

Crisp v. BunburyENR 8 Bing. 394.

Payne v. The Mayor of BreconENR 3 H. & N. 572.

Kerrison v. ColeENR 8 East 231.

Pearse v. Morrice 2 Ad. & Ell. 84.

Holman v. Johnson Cowper, 341.

Deposits in savings bank — Money deposited in fictitious names — Illegality — 26 & 27 Vict. c. 87, ss. 38 and 48 — 38 & 39 Vict. c. 60, s. 2 — 39 & 40 Vict. c. 52 — Mandamus — Practice.

78 Ex. Div. 1882. CREATON v. MID. CrT. W. n „ RAILWAY Co. Solicitors for the Plaintiff : V. B. .Dillon t Co. Solicitor for the Defendants: Arthur Cullen. THE QUEEN (AT THE PROSECUTION OF ROBERT COCH RANE) v. WILLIAM F. LITTLEDALE (1). Deposits in savings bank-Money deposited in fictitious names-IllegalityÂ26 4, 27 Vict. c. 87, es. 38 and 48-38 4, 39 Vict. c. 60, s. 2-39 4. 40 Viet.. c. 52-Mandamus-Practice. By the 26 & 27 Viet. c. 87, s. 38, it is provided that it shall not be lawful for a depositor in a savings bank to make any deposit in any other account at • the same or any other savings bank ; and that every depositor at the time of the first deposit, and at such other times as such depositor shall be required so to do by the trustees and managers of the bank, shall make a declaration that he is not entitled to any deposit in or any benefit from the funds of any savings bank other than that into which such deposit shall be made, or any other funds in the said savings bank ; and if such declaration shall not be true, or if any person shall, at any time, have any deposit or funds in more than one savings bank within the United Kingdom, except as provided by the Act, every such person should, if such deposit were, in the opinion of the Barrister-at-law apÂpointed under the Act, made with a fraudulent intention, forfeit all right to, any deposit in or funds of any and every such savings bank. By section 48 it was provided that if any dispute should arise between the trustees and managers of any savings bank and any individual depositor therein, or his personal representatives, claiming to be entitled to any money deposited in such savings bank, the matter in dispute should be referred to the Barrister apÂpointed under the Act, whose award should be binding and conclusive. By the 39 & 40 Vict. c. 52, s. 2, the duty of determining any such disputes was transferred to the Assistant-Registrar of Friendly Societies in Ireland. C., after the passing of the Act 26 & 27 Vict. c. 87, placed various sums of money on deposit in a savings bank in fictitious names, with however the knowledge of the officers of the bank. He had also deposits remaining in his own name previously made. The deposits in the aggregate exceeded conside (1) Before MAY, C. J., FITZGERALD and BARRY, JJ. Yu. X.] Q. B., C. P., & EX. DIVISIONS. 71 rably £200, notwithstanding that the Commissioners for the Reduction of the Q. B. Div. National Debt had. directed that the trustees of any savings bank should not 1882. add interest to any annual account so long as it continued at or above £200. THE QUEEN C. died in 1880, leaving these moneys on deposit. His personal representatives V. claimed them, but the trustees refused to pay the sums deposited in fictitious LITTLEDALE. names. On an application by C.'s personal representative for a mandamus to the Assistant-Registrar of Friendly Societies to hear and. determine his claim as a dispute between him and the trustees : Held, 1st, that there was no forfeiture of the deposits under the 38th secÂtion ; and 2ndly, that the claim made by the personal representative, and resisted by the trustees, constituted a dispute within the meaning of section 48, which the Assistant-Registrar had jurisdiction to entertain ; but, 3rdly, that the deposits in the fictitious names having been made illegally, and in wilful contravention of the 38th section, and contrary to the policy of its provisions, the writ of mandamus, which is one in subsidium justitice, ought not to be granted. MOTION to make absolute a conditional order for a writ of mandamus to Mr. Littledale, the Assistant-Registrar of Friendly Societies in Ireland, to hear and. determine a dispute between the trustees of the Newry Savings Bank and the representative of William Cochrane, deceased. The facts are fully stated in the judgment of FITZGERALD, X. The Solicitor-General (Porter, Q. C.), and j Stanley, for the representative of William Cochrane, deceased, in support of the motion : The settlement of disputes between the representatives of a depositor and the trustees or managers of any savings bank is proÂvided for by the 48th section of the 26 & 27 Vict. e. 87, which directs such disputes to be referred in writing to the Barrister-atÂlaw appointed under the Act. An action against the trustees or managers would not lie : Crisp v. Banbury (1). The question in this ease turns on the meaning of the 26 & 27 Vict. c. 87, s. 38 (2). The words of this section do not apply to this case be (1) 8 Bing. 394. (2) The following are the sections of the 26 & 27 Vict. c. 87 referred to : Section 38. " It shall not be law-fill for any person or persons who shall have made any deposit in, or who shall be entitled to any benefit from the funds of any savings bank (unless such benefit shall be derived solely as 80 LAW REPORTS (IRELAND). [L. 11. I. Q. B...