The Queen (Fitzmaurice) v Neligan

JurisdictionIreland
Judgment Date29 February 1884
Date29 February 1884
CourtQueen's Bench Division (Ireland)

Q. B. Div.

Before MAY, C. J., and O'BRIEN and JOHNSON, JJ.

THE QUEEN (FITZMAURICE)
and
NELIGAN

The Queen v. AltonUNK Ir. R. 6 C. L. 256.

Reg. v. Shekleton 2 Jebb & Sym. 682.

K v. RaschinUNK 38 L. T. (N. S.) 38

D'Arcy v. The Tamar, Kit Hill and Callington Ry . Co.ELR L. R. 2 Exch. 158.

Brown v. AndrewUNK 18 L. J. Q. B. 153.

Staniland v. HopkinsENR 9 M. & W. 178.

The King v. PattesonENR 4 B. & Ad. 9.

R. v. The Mayor of RiponENR 2 Salk. 432.

Public infirmary Election of surgeon Vacancy Qualification of annual Governor Payment of subscription 5 Geo. 3, Ir., c. 20, ss. 2, 4, 7 54 Geo. 3 c. 62, s. 4.

VOL. XIV.] Q. B., C. P., & EX. DIVISIONS. 149 bound to take this course, simple and safe though it would have Appeal. 1883. been. 883 On the whole, then, for the reasons already stated, I think the A _DAMS judgment of the Exchequer Division should be affirmed, and. MORGAN. that the Defendants' appeal should be dismissed with costs. • SIR E. SULLIVAN, M. R., and FITZ GIBBON, L. J., concurred. Solicitor for the Appellant : F. Hodder. Solicitor for the Respondent: The Respondent in perm. THE QUEEN (FITZMA1JRICE) v. NELIGAN (1). Public infirmary-Election of surgeon-Vacancy-Qualification of annual Governor-Payment of subscription-5 Geo. 3, Ir., c. 20, se. 2, 4, 7-54 Geo. 3 c. 62, s. 4. By the 5 Geo. 3 (Ir.) o. 20 (an Act for erecting and establishing public infirmaries and hospitals) s. 7, the Governors of each infirmary (five of whom constitute a quorum) have power at any General Quarterly Meeting to elect or remove a physician or surgeon; . . . and in case of a vacancy of a physician or surgeon, by death or otherwise, may by advertisement summon General Boards on those particular occasions, for the purpose of supplying such vacancy ; at which Boards five are a quorum. Under this Act, s. 4, annual subscribers of not less than three guineas are members of the body corporate of the infirmary for one year from the 24th June following the payment of the subscription. By the 54 Geo. 3 e. 62, s. 4, no annual Governor is entitled to vote at an elecÂÂtion unless he has paid the subscription in respect of which he claims to vote, two years at least before the vacahey has occurred ; which provision was conÂÂstrued in P. v. Alton (I. IL 6 C. L. 256) to mean that qualification to vote consisted in paying two annual subscriptions before the vacancy. On the 5th June, 1883, the then surgeon of an infirmary addressed a letter of that date to the secretary of the Governors, resigning his office on the ground of ill-health. On the 6th of June, 1883, and after the receipt of the letter of resignation, three annual Governors, each of whom had paid one annual subÂÂscription, on the 23rd June, 1882, paid each a second subscription, and claimed to be entitled to vote for the vacancy : Held, that the vacancy existed on receipt of the letter of resignation, with (1) Before MAY, C. J., and O'BRIEN and. Jonnorr, JJ. LAW REPORTS (IRELAND). [L. R. I. out any formal acceptance thereof by the Board of Governors, and that, thereÂÂfore, the payment on the 6th of June, 1883, did not entitle the subscribers in question to vote at an election to supply such vacancy held on the ensuing 5th of July. MOTION to show cause against a conditional order which had been obtained by Mr. Robert Fitzmaurice, that an information in the nature of a quo warrant() should be exhibited against J. W. Neligan, to show by what authority he claimed to be surgeon to and of the Infirmary of the County of Kerry. The facts appearing on the affidavits were as follows :-" W. H. Lawlor was appointed surgeon to the County Kerry Infirmary in the year 1872, and held that office until the year 1883. On the 5th of June, 1883, Dr. Lawlor sent the following letter to the secretary of the Infirmary :- " 8 DAY-PLACE, MAIZE, " 5th June, 1883. " JOHN Y. EIGAE, ESQ., " Secretary of Tralee County Infirmary. " DEAR Snt--I regret ill-health compels me to resign my position as surgeon to the Tralee County Infirmary, with which I have been connected by a series of years with the late Dr. Crumpe, and now for a long period on my own...

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5 cases
  • Garvey v Ireland
    • Ireland
    • Supreme Court
    • March 9, 1979
    ...v. Attorney General of Ceylon [1970] A.C. 1111. 29 Darley v. The Queen (1846) 12 Cl. & F. 520. 30 R. (Fitzmaurice) v. Neligan (1884) 14 L.R.Ir. 149. 31 R. (Riall) v. Bayly [1898] 2 I.R. 335. 32 R. (Jacob) v. Blaney [1901] 2 I.R. 93. 33 R. (McMorrow) v. Fitzpatrick [1918] 2 I.R. 103. 34 R. v......
  • Garvey v Ireland
    • Ireland
    • Supreme Court
    • March 9, 1979
    ...of his removal from office. 83The five Irish decisions are: Darley v. The Queen (1846) 12 Cl & F 520: Reg (Fltzmaurice) v. Nellgan (1884) 14 L.R. Ir. 149: Reg (Riall) v. Bayly (I898) 2 I.R. 335: R (Jacob) v.Blaney (1901) 2 I.R. 93: R (McMorrow) v. Pitzpatrick (1918) 2 I.R. 84I do not intend......
  • R (Jacob) v Blaney
    • Ireland
    • Queen's Bench Division (Ireland)
    • February 27, 1900
    ... ... Reg. (Jacob) ... Blaney ( 1 ) ... Q. B. Div. CASES DETERMINED BY THE QUEEN'S BENCH DIVISION OF THE HIGH COURT OF JUSTICE IN IRELAND, AND ON APPEAL THEREFROM ... (Fitzmaurice) v. Neligan ( 1 ) which decided that the tenure was not one during good behaviour, but one at ... ...
  • The King (Roycroft) v The Justices of The Petty Sessions Districts of Schull, Ballydehob, and Goleen, and Samuel Whitkley
    • Ireland
    • Court of Appeal (Ireland)
    • April 27, 1910
    ... ... The second case is The Queen v. Councillors of Derby ( 2 ). I read the marginal note:— “At the first election of ... v. Neligan" ( 2 ), R. v. Bayley ( 3 ), and R. (Jacob) v. Blaney ( 4 ), the Lord Chief Baron proceeds:— \xE2\x80" ... ...
  • Request a trial to view additional results

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