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Limerick Coroner Prevails in Fees Dispute with County Council | Limerick Archives

Limerick Coroner Prevails in Fees Dispute with County Council

Limerick, Ireland – In a significant legal victory, Dr W. R. Clery, J.P., County Coroner, emerged successful in his claim against the Limerick County Council for a sum of £2. The fees were related to his role as a deputy coroner outside his designated district, a matter that came under scrutiny during the Limerick Quarter Sessions, presided over by County Court Judge Law-Smith.

The proceedings unfolded as Mr Phelps, representing Dr Clery, informed the court that the claim was rooted in unique circumstances. According to Mr Phelps, the coroner for the district, having been involved in the medical care of the deceased, was legally prohibited from conducting the inquest. With no available magistrates for the task, the police had to step in, and Dr Cleryacted as the deputy coroner.

The crux of the matter hinged on the applicability of Section 5 of the Act of 1881, which, according to Mr Phelps, made the defendants, in this case, the Limerick County Council, liable for the fees. The defence, represented by Mr L. O’B. Kelly, countered this argument, citing the 39th Section of the Act of 1846 as annulling the plaintiff’s claim.

In response, Mr Phelps contended that the Act of 1846 had been repealed by the Irish Coroners Act of 1895. Following a series of legal arguments, County Court Judge Law-Smith ruled in favour of Dr Clery, accepting the counsel’s arguments and awarding the full claim of £2 along with two guineas in costs.

This ruling sheds light on the intricate legal nuances surrounding the role and responsibilities of coroners in Ireland, particularly when circumstances necessitate a deputy coroner to step in beyond their designated jurisdiction.

Dublin Daily Express – Tuesday 10 January 1911

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