HC Deb 24 February 1904 vol 130 c841
MR. O'DOHERTY (Donegal, N.)

To ask Mr. Attorney-General for Ireland whether his attention has been called to the fact that the present occupant of the Londonderry Mayoralty has no residential habitation within the city of Londonderry as required by the Charter of Charles II.; and whether, in view of the fact that penalties attach to the holding of the office under such circumstances, he will say what steps, if any, the Government purpose taking in the matter.

(Answered by Mr. Atkinson.) I am not aware of the provision of the Charter to which the Question refers. The present mayor is a local government elector of the city of Londonderry, and even if the Charter mentioned contains a clause such as is suggested, there is strong ground for contending that it is impliedly repealed by the Municipal Corporations Act of 1840 and the Local Government Act of 1898, and the Orders adapted thereunder. In these circumstances it is not a case for Government interference. Any person aggrieved can take proceedings in the King's Bench Division to determine the question.