§ MR. HEALYasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been called to the case of Cooke v. Heffernan before the Master of the Rolls, reported in the "Freeman," 4th August; whether the defendant's affidavit stated that, a few days after the decree of the Master of the Rolls, the plaintiff had proceeded to his residence, in county Tipperary, accompanied by police and a resident magistrate, and had demanded possession, not merely of the farms and stock, to which she was entitled, but also to other farms and stock; whether the Master of the Rolls said that this proceeding of demanding possession with police and a resident magistrate a few days after his decree was a most highhanded proceeding, which would not be sanctioned by the court; if he can state who the resident magistrate was, and by whose instructions he acted; what notice he proposes to take of the matter; whether last year the Waterford County Court Judge similarly condemned the action of the police in sustaining Lord Waterpark in felling trees on a tenant's land without legal authority; and, whether any instructions will be given to the police authorities, cautioning them not to again interfere and take sides in a dispute involving questions of right or title?
§ MR. TREVELYANSir, I have seen the legal report referred to; but I cannot vouch for its accuracy. I find, on inquiry, that on both the occasions mentioned in the Question the police were present simply because a breach of the peace was apprehended, and not in any way to uphold any question of title.
§ MR. HEALYsaid, the right hon. Gentleman had not answered his Question. Who was the Resident Magistrate that ordered the police to attend?
§ MR. TREVELYANsaid, that, as to that point, it was an administrative matter; and the only thing he was bound to say was, that the police were present, in accordance with their duty, to prevent a breach of the peace. In the second case mentioned, the County Court Judge appeared to have condemned the 464 action of the agent in bringing the police to the scene, inasmuch as he did not think there was any danger of a breach of the peace. He did not blame the police for being there.
§ MR. HEALYThe right hon. Gentleman says this is an administrative matter. Does he consider that when a Judge in the position of the Master of the Rolls condemned the Resident Magistrate for his action, and condemned the police for their action, the Government are to take no notice of it? I also wish to know who the Resident Magistrate was?
§ MR. TREVELYANHe did not condemn the Resident Magistrate.
§ MR. TREVELYANHe condemned the proceedings. He said he thought it was unnecessary to send the police.