§ MR. HARRINGTONasked Mr. Solicitor General for Ireland, Whether it is true that, on the 24th November 1882, Colonel Digby, J.P. witnessed a deed of sale between a tenant of his named Rickard and another man named Egan, who purchased the interest in Rickard's farm; whether, on the 24th, the money was paid in Colonel Digby's presence, and he was handed all arrears of rent due, and signed a receipt for all arrears up to the 1st of that month; whether it is true that, on the next day, November 25th, Colonel Digby went before a magistrate, and swore an affidavit that two years' rent was due of this farm; and, whether he applied to the Land Commissioners for such arrears, and fraudulently received them; and, whether the Irish Executive will immediately prosecute Colonel Digby?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)I am informed that on the 24th November, 1882, a deed was executed by Rickard, a tenant of Colonel Digby, to Egan, making over his farm in consideration of £40. Rickard alleges the deed was only by way of security till the £40 was paid. Colonel Digby is under the same impression, and was so informed by both Rickard and Egan over the litigation on the subject. If it was intended to be 434 only a security, the form of the deed would not affect the reality of the transaction. Colonel Digby states he did not hear of the deed till a considerable time after the 24th November, 1882, and, consequently, he could not have witnessed it. On the 24th November Colonel Digby was paid, in part of rent and costs, £,21 10s. He stated there was then £26 15s. due, which left due £5 5s. He and Rickard both agree in this, and at the time an affidavit for Colonel Digby and Rickard had been prepared by Rickard's solicitor, which was sworn on the 25th, stating £5 15s. to be due for arrears. This would explain any receipt being given on the 24th for all arrears. Colonel Digby did not swear two years' arrears were due, but that £5 15s. was, which was 15s. over a year. He received £2 17s. 6d. from the Land Commissioner. There is, there fore, no foundation for the allegations in the Question; and, considering the obscurity in which the accounts between the parties are involved, the Attorney General is satisfied there is no ground for prosecuting Colonel Digby or Rickard for fraud.
§ MR. HARRINGTONasked whether there were not the statements of defence supplied by Colonel Digby himself; whether the receipt, dated the 24th November, which was undoubtedly a clear receipt for all arrears up to 1st November, was not at present in the possession of Mr. Downs, solicitor, of Mullingar; and whether the Irish Government would endeavour to get possession of it and prosecute Colonel Digby?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)said, he had no means for getting possession of the documents. The statement he had made was the result of replies from Rickard and Colonel Digby, and the local police.