MR. O'BRIENasked Mr. Solicitor General for Ireland, Whether it is the fact that, on 26th March, Sergeant Cavanagh, of Whitchurch station, county Cork, acting on a warrant to distrain for 11s. 7¼d., tax levied under the Crimes Act, seized one of a pair of valuable horses, engaged in ploughing, on the farm of Mr. John Daly, at Glencoum; whether Mr. Daly pointed out that there were on the farm at the time 24 head of cattle, beside sheep, colts, and pigs, and that the seizure of one of his team at the plough at the present season would seriously interfere with the working of his farm; whether the policeman nevertheless persisted in seizing for a debt of 11s. 7¼d an animal valued at £40; whether it is true, as stated by Cavanagh, that "his instructions were to take the horse;" if so, who gave the instructions, and under what legal authority; and, whether, if an action be taken against the policeman for over-distress, he will be defended at the public expense?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)Sir, it is the fact that, on the 26th March, Sergeant Cavanagh, acting on a warrant to distrain for a sum amounting, with costs, to 11s. 7¼d., leviable under the Crimes Act, seized one of a pair of horses engaged in ploughing on the farm of John Daly. The sergeant went for the money on the 21st March, when Daly informed him he had no money; but that, on the next day he called, he would give the money or value. The sergeant went again on the 26th March, and demanded the amount. Daly said he had no money. The sergeant replied he should be obliged to execute the warrant, and seize one of the horses. Daly said this would interfere with his farm work. He told the sergeant that he might take a sheep or heifer. This was all he stated, but he did not point out any such animal; and, on the sergeant replying that he did net show him any sheep or heifer, Daly then said he might take a wild colt. The sergeant declined this offer, as he could not catch or bring away an unmanageable wild colt; and, after reading the warrant, and telling Daly he could easily pay if he liked, seized 1165 the horse, which was value for about £30, and it was subsequently sold, and, it is believed, bought in for Daly, and the surplus proceeds were tendered to him. The sergeant did not say his instructions were to seize the horse, and he had no such instructions. If an action be taken against the policeman the usual course will be taken of defending the officer, if it appears he acted in the discharge of his duty.
MR. O'BRIENDoes the hon. and learned Gentleman mean to say that a colt and a pair of horses were the only objects of value worth 11s 7¼1d. to be found on the premises of a rich farmer?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)I am speaking on the information supplied to me, which I am informed is correct.
MR. O'BRIENThe hon. and learned Gentleman has omitted to answer a very important portion of my Question, which is, whether, if an action be taken against the policeman for over-distress, he will be defended at the public expense?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)was understood to reply in the affirmative.
MR. O'BRIENI beg to give Notice that on the first opportunity I shall call attention to this subject.