HC Deb 09 July 1888 vol 328 cc734-5
MR. FLYNN (Cork, N.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, If he has seen the following report, in The Cork Examiner of the 3rd instant, of the proceedings in the Fermoy Petty Sessions Court, in the case of John Devane, bailiff, against Mr. Patrick Kelleher, Ballyhooly, arising out of the non-payment of the Leahy tax:— It was proved in evidence that the plaintiff took a very valuable colt away, though others were offered to him which would have served his purpose equally; Mr. Rice, solicitor for the defendant, said that Mr. Kelleher had an action in the Recorder's Court against Devane for injury done to the colt; Mr. Eaton, R.M., said 'you have, and, if you think you can make anything out of it, well and good, but no person can take the law into his own hands; Defendant is fined 5s. and costs.' Mr. Eaton then said, 'in a case of this sort, in future, do not issue a summons, but report in the matter to the Executive to take proceedings under the Crimes Act, otherwise we will have the country in an uproar;' and, does it come within the province of a Resident Magistrate in Ireland to direct how prosecutions are to be brought?


The charge against Kelleher was for an assault on the bailiff while in the discharge of his duty, Kelleher having struck him in the face, for which he was summoned for a common assault, and fined by the Bench in the amount of 5s. No injury whatever was done to the colt, which was subsequently redeemed by the owner by payment of the decree with costs. The Resident Magistrate did not give any directions as to how prosecutions were to be brought. He pointed out that assaults on bailiffs were indictable under the Crimes Act; and that if they continued it ought to be reported to the Executive Authority to be prosecuted, if necessary, under that Statute.