January 11 1924
At Newry Quarter Sessions yesterday, before Judge Bates, KC, an interesting case was heard involving the question of the taking of the oath of allegiance to the Belfast Government by Mr John Henry King, solicitor, Downpatrick, who, as legal advisor to the Kilkeel Rural District Council, brought a process against the council to recover £9 12s 6d for professional work done.
The council is at present dissolved, and its functions are being discharged by Lieut Colonel Howard, as Commissioner, who in January 1923 directed that the services of Messrs King and Boyd should be dispensed with, and appointed Mr Wm Johnson, solicitor, Newry, as successor, after duly advertising the position. Messrs King and Boyd got no notification of the termination of their retainer until June.
Mr W O Hume (instructed by Messrs King and Boyd) was for the plaintiff, and Mr Rutherford (Messrs Johnson and Rutherford) for the Council.
Mr Hume, in opening the case, said this was a civil bill brought to recover costs incurred in appeals and in his Honour’s Court in connection with criminal injury claims last year. Mr King acted as solicitor to the Rural Council of Kilkeel, but he was dismissed on June 15 by a letter from the clerk, who wrote that the following order had been made by the Commissioner: “It was ordered that Messrs King and Boyd, solicitors, be informed that they are not to appear any more in malicious injury claims on behalf of the council, and have not now authority to act on behalf of the council.”
Mr Hume said he thought the defence would be that Mr King had not taken the oath of allegiance, but it was quite clear that he was not an officer within the meaning of the section of the Act of 1921.
His Honour asked if the appointment of a solicitor was made entirely by the local board without the approval of the local government department. Counsel said that was so.
Mr Rutherford said he was sorry to have to defend the case, but he appeared on behalf of the Rural Council and the Commissioner in charge.
Their defence, under Section 5 of the Local Government (Northern Ireland) Act, 1922, was that it was mandatory on every officer of the council to make a declaration of allegiance, and Mr King did not make that declaration.