HC Deb 18 July 1881 vol 263 cc1113-5
MR. O'DONNELL

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the recent Trinity Quarter Sessions for the city of Waterford and for the division of Lismore, county Waterford, were legally fixed for the 20th June and 1st July respectively; whether accordingly the suitors in all cases before the court, with their witnesses and the professional gentlemen who practise at those sessions, attended in due course to transact their business; whether the sessions were immediately adjourned, notwithstanding that no notice had been given to the public of any intention to adjourn the court; whether this was done solely to suit the convenience of the county chairman, Mr. Waters; whether this gentleman, being chairman of the county Waterford, was recently appointed chairman of the amalgamated counties of Cavan and Leitrim; whether his appointment in this double capacity has not caused the utmost inconvenience to the two districts so remote from each other; whether immediately on being appointed to Cavan and Leitrim, Mr. Waters attempted to adjourn the Easter Quarter Sessions there in the same way; whether, notwithstanding that several weeks' notice of the adjournment was duly given, the Law Officers of the Crown did not decide that such a course was quite illegal; whether this attempt at adjournment was accordingly abandoned in consequence of the remonstrances in this House of the county Members; whether the adjournment of the sessions for the county Waterford is equally illegal; and why it was that no previous notice of the intended postponement was afforded as in the Leitrim case; whether Mr. Waters, having been made aware that his action, re Leitrim, was illegal, gave no notice of postponement to prevent protest; if so, what notice the Government propose to take of Mr. Waters' conduct; and, whether the appointments in question are in the gift of the Lord Chancellor?

THE SOLICITOR GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

Sir, the first four Questions involved in this inquiry relate to the Trinity Sessions of this year for the City of Waterford and for the Lismore Division. The City of Waterford Sessions were fixed for the 23rd of June, and held on that day by the County Court Judge, who disposed of all the business. The Lismore Sessions were fixed for the 1st of July, and held on that day by the County Court Judge, who disposed of all the business in which there was any attendance, and then adjourned the Sessions to the 8th of July. This adjournment was necessitated by the public exigency, because the County Court Judge had to sit elsewhere; it was not for his convenience. Previous notice was given to the practitioners, and I am not aware that inconvenience was occasioned by it. With respect to the last eight Questions, Mr. Waters, the County Court Judge of Waterford, was transferred in December last to the County Court group of Cavan and Leitrim, then vacant by the death of the Judge, and as Waterford cannot at present be united to the counties with which it is to be grouped, Mr. Waters, whose counties were as near as those of any Judge who could have been appointed under the Statute, was appointed tempo- rary County Court Judge of Waterford. These appointments are not in the gift of the Lord Chancellor. No attempt was made by Mr. Waters to adjourn the Easter Sessions in Cavan and Leitrim, and no opinion given by the Law Officers on such attempt. What occurred was this—The dates were altered by a Privy Council Order; but the hon. Member for Leitrim (Mr. Tottenham) drew attention to the circumstance that sufficient time was not given for service of certain classes of process, and the dates were accordingly altered by a subsequent Order. The adjournment of the sessions for the division of Waterford was legal and pursuant to statute, and I am not aware of anything illegal in the action of the County Court Judge.

MR. TOTTENHAM

asked whether the sessions at Lismore and at Carrickon-Shannon were not fixed for July 1st, at the same hour; and also whether the Chairman of Leitrim, instead of coming at 12 o'clock on the 1st, came at 1 o'clock on the 2nd?

THE SOLICITOR GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

I am afraid I cannot answer the Question now. I will inquire, if the hon. Member desires it.

MR. O'DONNELL

asked where Mr. Waters was sitting on the day appointed for holding the sessions at Lismore?

THE SOLICITOR GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

I am not certain which of the divisions in the group it was, and therefore cannot answer specifically; but if the hon. Member desires to know, I will ascertain.