The Queen (on The Information of Jacob) v Finlay

JurisdictionIreland
Judgment Date19 November 1877
Date19 November 1877
CourtQueen's Bench Division (Ireland)

Q. Bench.

THE QUEEN (ON THE INFORMATION OF JACOB)
and

FINLAY.

The Corporation of Liverpool v. WrightENR 1 Johns. 359.

The Corporation of Dublin v. HayesUNK Ir. R. 10 C. L. 226.

Medical witnesses at inquests — Fixed yearly salary in lieu of fees — Illegal payments by Corporation.

498 THE IRISH REPORTS. [I. R. Medical witnesses at inquests-Fixed yearly salary in lieu °flees-Blvd pay Nov. 18, 19. meats by Corporation. An agreement by the Corporation of the City of Dublin to pay a fixed yearly salary, in lien of fees, to a medical practitioner permanently appointed by the Coroner to attend as a medical witness at all inquests to be held in the City of Dublin, is not warranted by the 9 & 10 Vict. c. 37, s. 28 ; and payments made on account of such salary ought not to be allowed by the Public Auditor. MoTIoN to make absolute a conditional order for a certiorari to quash a ruling of the Public Auditor allowing, in the passing of the accounts of the Corporation, certain payments made by the Corporation to Dr. White and Dr. Egan, on foot of their respecÂtive salaries as medical witnesses appointed permanently by the Coroner to attend professionally at all inquests to be held in the City of Dublin. It appeared that the sum of £1 18., the legal fee payable to a medical witness at each inquest, amounted annually to so large a sum that the Corporation entered into an arrangeÂment with Dr. Egan, a medical practitioner appointed permanently by the Coroner to attend professionally at inquests, to pay him a. fixed yearly salary of £150, payable quarterly (in lieu of a fee of £1 ls. for each inquest), for attending as a medical witness at all inquests held in the City of Dublin at which the attendance of a medical witness should be necessary ; and the payment of the sum of £75, made by the Corporation to Dr. Egan on account of the said salary, was allowed by the Public Auditor in the passing of the Corporation accounts for the year 1876. The number of inquests held in the year 1876 having been shared equally between Dr. Egan and Dr. White, another medical practitioner, it appeared that in that year Dr. Egan had professionally attended 101 inquests, so that the aggregate of his fees would have amounted to a larger sum than the payment made on foot of the salary. VoE. XI.] COMMON LAW SERIES. Under the wording of the 9 & 10 Viet. c. 37, sections 28, 29, & 33, the appointments should be made pro Mc vice, and not in the nature of a permanent appointment...

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