§ MR. GILHOOLY (Cork, W.)I beg to ask the Attorney General for Ireland whether his attention has been called to the case of "Wilkinson v. Manning," tried at the Bantry Petty Sessions on the 2nd February last, in which Dr. R. Bird, J.P., issued a precept to restrain waste against James Manning, a tenant of Mrs. Wilkinson, to whom Dr. Bird's brother, Mr. William S. Bird, J.P., is the land agent; whether he is aware that Dr. Bird afterwards formed one of the 1828 Bench who heard the case, and that Mr. William S. Bird took the affidavit on which the precept was granted; though, at the hearing of the case, he admitted he was himself interested in it as the land agent to the plaintiff; and whether he will call the attention of the Lord Chancellor to the action of Dr. R. Bird, J.P., in using the precept, he not having himself taken the affidavit; and, also, to the conduct of Mr. William S. Bird in taking an affidavit where he was himself the land agent?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. MADDEN,) Dublin UniversityThe facts, I am informed, are as stated in the first two paragraphs of the question. Mr. W. S. Bird, however, appears to have explained that he had acted solely as a Commissioner for taking affidavits. The precept was not confirmed, as the Bench held that the affidavit should have been sworn before the Magistrate. I am not aware of anything in the case calling for the attention of the Lord Chancellor of Ireland.
§ MR. GILHOOLYI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the case of "White v. Sullivan," tried at the Bantry Petty Sessions a few months ago, in which the Magistrate who adjudicated was Dr. R. Bird; whether he is aware that William S. Bird, J.P., the principal witness in the case, is brother to the Magistrate who presided, and land agent on the White property; whether the defendant, Mary Sullivan, was fined 10s., and £1 costs given against her; whether he is aware that Mr. William S. Bird, in a few days after the hearing of the case, went and levelled the house of Mary Sullivan; and whether the attention of the Lord Chancellor will be called to the action of Dr. R. Bird in adjudicating in the case, he being brother to the virtual plaintiff?
§ MR. A. J. BALFOURThe facts appear to be as stated in the first three paragraphs of the question. The statement in the fourth paragraph appears to be incorrect. The house is represented to be still intact. The adjudicating Magistrate does not seem to have any interest whatever in the White property, and the facts of the case, I am advised, do not call for the attention of the Lord Chancellor of Ireland.