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Application Under the Debtors Act Heard in King's Bench Division | Limerick Archives

Application Under the Debtors Act Heard in King’s Bench Division

In a session held before Mr Justice Boyd on Friday in the King’s Bench Division, an application was renewed under the Debtors Act. The case in question, titled M*Carthy v. Guinane, was presented by Mr A. M. Sullivan, who was instructed by Mr Jas. A. Hon. The application sought an order for the defendant to pay a sum of £127 1s 6d, which was claimed to be owed to the plaintiff, Edward D. M’Carthy, based on a judgment dated June 20th, 1896.

Although the original judgment amounted to a substantial figure, subsequent payments had reduced the outstanding amount. The plaintiff’s affidavit emphasized that, given the absence of alternative means for enforcing payment, they turned to the provisions of the Debtors Act for recourse. The defendant, Mr Guinane, held the position of clerk for both the Limerick Union and the Limerick Gunnery, receiving an annual income ranging from £500 to £600.

During the proceedings, it was pointed out that if payments continued at the current rate, the debt would likely be fully discharged by the year 1955, eliciting laughter from those present. Mr Nolan, representing the defendant and instructed by Mr Kelly, raised an objection. He argued that since a similar order had been issued in previous years, it should be considered as fulfilled before entertaining a new one.

Mr Justice Boyd addressed the matter by discharging the original order, granting the defendant due credit for all payments made in accordance with it. Subsequently, a new order was established, stipulating that the defendant should make payments in quarterly instalments at a rate of £30 per annum. Additionally, the defendant was entitled to deduct three guineas as costs from the initial payment instalment.

Kerry News – Monday 26 February 1906

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