§ MR. HEALYasked Mr. Solicitor General for Ireland, Whether his attention has been called to the refusal of the Recorder of Dublin to grant appeals 1173 in a number of registration eases, in which it was alleged that his decisions were in conflict with the decisions in England under analogous statutes; whether Mr. Justice O'Brien, in giving a conditional order for a mandamus to compel the Recorder to grant such appeals, declared that the reasons for refusal alleged to have been given by the Recorder were improper; whether the order for a mandamus was afterwards discharged, on the ground that the Recorder's affidavit that he considered the appeal should not be allowed deprived the Queen's Bench of jurisdiction; whether, in England, under the Act of 1878, the Superior Courts can compel the revising barrister to grant an appeal, if, in their opinion, it is reasonable and proper that such appeal should be entertained; and, whether the Government intend to assimilate the Irish Law on the subject to that in force in England?
§ THE SOLTCITOR GENERAL FOR IRELAND (Mr. WALKER)My attention has been called to the matter. I cannot find any report of a statement being made by Mr. Justice O'Brien, in giving a conditional order for a mandamus, that the reasons for refusal were improper. The conditional order was granted on an ex parte statement, and on the allegation that the Recorder had declined all jurisdiction. The order was discharged on the ground that it appeared the Recorder had exercised a discretion in refusing the appeals which by the Act was vested in him, and which the Court could not interfere with. In England the Superior Courts can, under the Act of 1878, compel the Revising Barrister, in a proper case, to state a case for appeal. If the question of Irish Registration Law is dealt with, I see no reason why the Irish and English law should not be assimilated.