The Queen (Cochrane) v Cunningham

• Jurisdiction: Ireland
• Judgment Date: 09 May 1887
• Date: 09 May 1887
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before SIR MICHAEL MORRIS, C. J., and LAWSON and O'BRIEN, J J.

THE QUEEN (COCHRANE)

and

CUNNINGHAM

Reg. v. PetticrewUNK 18 L. R. Ir. 342.

Reg. v. Greene 2 Q. B. 460.

Reg. v. ThirlwinUNK 9 L. T. (N. S.) 731.

Reg. v. LangtonUNK 20 L. R. Ir. 46.

Rex v. Parry 6 A. & E. 810.

Municipal Corporations (Ireland)Act 35 & 36 Vict. c. 57, sect. 20

Hardwick v. BrownELR L. R. 8 C. P. 406.

Reg. v. Mayne 7 Ir. Jur. (N. S.) 201.

Reg. v. LangtonUNK 20 L. R. Ir. 46.

Reg. v. FranklinUNK Ir. R. 6 C. L. 239.

Town Commissioners — Arrangement in bankruptcy — (3 & 4 Vict. c. 108) — (Ireland), 1872 (35 & 36 Vict. c. 57), sect. 20 — Disqualification — 1847 (10 Vict. c. 16), sect. 8 — Quo warranto — Relator.

Q. B. Div. v87. /day 4, 5, 9. THE QUEEN (COCHRANE) v. CUNNINGHAM (1). Town Commissioners-Arrangement in bankruptcy-Municipal Corporations (Ireland) Act (3 4. 4 Viet. c. 108)-Debtors Act (Ireland), 1872 (35 4. 36 Vict. e. 57), sect. 20-Disqualification-Commissioners Clauses Act, 1847 (10 Viet. c. 16), sect. 8-Quo warranto--Re/ator. D., a Town Commissioner, acting under a special Act, which incorporated the Commissioners Clauses Act, 1847, during the tenure of his office entered into an arrangement with his creditors, under the provisions of the Irish BankÂruptcy Acts: Held (dubitante O'Brien, J.), that D. was not thereby disqualified from holding his office, the 20th section of the Debtors Act (Ireland), 1872, only disqualifying the persons mentioned in the 16th section of the Municipal CorÂporations (Ireland) Act, and not being applicable to the case of Town CommisÂsioners acting under the Towns Improvement and Commissioners Clauses Acts ; Held (per O'Brien, J.), that C., having voted for the co-option of a Town Commissioner, was thereby disqualified from acting as relator in a motion for a quo warranto to try the validity of his election. Monox on behalf of Peter Cunningham, that the conditional order for a quo warrant°, dated the 16th February, 1887, should be discharged. The facts of the case material to this report appear sufficiently from the judgment of the Lord Chief Justice. Roche, Q.C., and D. B. Sullivan, for the defendant :- The relator before the Court is not competent to act as such, he having previously voted for the co-option of the defendant : Beg. v. Fernery° (2) ; Beg. v. Greene (3) ; Beg. v. Thirluin (4) ; Reg. v. Langton (5). Even if the acting Commissioner was disqualified, (1) Before SIR mrcum. Moms, (3) 2 Q. B. 460. C.J., and LAwsoN and O'BnIEN, JJ. (4) 9 L. T. (N. 8.) 731. (2) 18 L. R. Ir. 342. (5) 20 L. R. Ir. 46. Vox. XX.] Q. B., C. P., & EX. DIVISIONS: 491 no notice of his disqualification was brought before his colleagues, Q. B. Div. and therefore their co-option of the defendant within one month 1887' THE of the resignation of his predecessor was legal: QUEEN" : Rex v. Parry (1). v. The 16th section of the Municipal Corporations (Ireland) Act does CErNNINGÂnot apply to Town Commissioners acting under the Towns ImÂprovement and Commissioners Clauses Acts. The 20th section of the Debtors (Ireland) Act, 1872, applies only to persons within the Municipal Corporations (Ireland) Act (2). This case is governed by the 8th section...