HC Deb 07 April 1884 vol 286 cc1808-9
MR. HARRINGTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, What action the Government propose to take with regard to the charge against Colonel Dig by, J.P. for having, by false representations, sought fraudulently to obtain from the Irish Land Commission certain sums of money for arrears of rent which were not due; whether, of the two landlord magistrates who refused informations in the case, one had not attended that Petty Sessions Court for some years previously; whether it was competent for the Resident Magistrate alone to take informations without the concurrence of the other magistrates; and, if so, why this course was not pursued; and, what course the Government intend to take with regard to Colonel Digby?

MR. TREVELYAN

Sir, the question of further proceedings will be considered by the Law Officer, as I have already stated. The Official Return made by the clerk of Petty Sessions shows that it is not the case that one of the local magistrates had not previously attended for some years, but one had attended much more frequently than the other. The application for informations was made to the magistrates in Petty Sessions, which is the usual practice; and, this being so, I am advised that it was not competent for the Resident Magistrate to comply with the application when the majority of the Bench dissented.

MR. HARRINGTON

Might I ask whether it is not the fact that there were three other cases similar to that in which, the application was made, and that no ruling has yet been made upon these cases; and, whether, on that ground, it is not competent for the authorities to get information taken before the Resident Magistrate?

MR. TREVELYAN

Yes, I do believe it is quite possible for them to do so; and it is with the view of their exercising, or not exercising, the powers that the matter has been referred to the Law Officer.