HC Deb 09 November 1882 vol 274 cc1118-9
MR. LEWIS

asked Mr. Attorney General for Ireland, Whether Mr. Waters, Chairman of the County Leitrim, did, at the October Quarter Sessions at Manorhamilton, on the application of defendants, stay execution on a large number of decrees for rent granted by him at the previous April and June Sessions which were already in the hands of the sheriff, and some of which were partially executed; if he will state to the House under what statute a County Court Judge can stay decrees granted by him at previous sessions, after such decrees have passed into the hands of the sheriff for execution; and, whether, by such action, Mr. Waters has exceeded the powers conferred upon him by statute?

MR. HEALY

Before this Question is answered, I would ask whether it is not a fact that Mr. Waters was only following the excellent example set him by Judge O'Brien?

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

I have submitted this question to the learned Judge. If he will favour me with an answer I shall communicate it to the House; but I must observe that County Court Judges in Ireland are purely independent functionaries, in no way responsible to the Attorney General or under his control, and I have no means of requiring them to furnish the information required. If the learned Judge's decision is wrong it may be remedied on appeal; and if, in his judicial office, he misconducts himself, he may be removed by a Petition to Parliament. Under these circumstances, I would put it to the House whether it is fair to put these Questions every day?

MR. LEWIS

In consequence of the right hon. and learned Gentleman's answer, I shall put the Question again on Monday.