HC Deb 28 July 1890 vol 347 cc1058-9
MR. KILBRIDE (Kerry, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland how much of the £2,484 5s. due by Arthur Hutchins, barony constable in Kerry, when he ceased to hold that office, was collected, how much was collected in the baronies of Glanerought and South Dunkerron respectively, and for how much were the landlords, as occupiers or otherwise, and the tenants liable respectively; whether the amount of defalcations was reapplotted, and thus paid twice by the cesspayers; whether Stokes, one of Hutchins' sureties, was in receipt of retiring pension from Grand Jury, and for what amount; whether Grand Jury appropriated part of said pension to meet Hutchins' defalcations; whether he can state what was the nature of the proceedings instituted by the Grand Jury, on the advice of counsel, against Hutchins' securities for recovery of his defalcations; whether it is the intention of the Grand Jury to proceed to recover interest as well as principal from the sureties; and who was responsible for the fact that Hutchins was allowed to retain so much money in his possession in contravention of the Act of Parliament, 11 & 12 Vict. c. 32?


As already stated, I have no official knowledge in regard to the subject-matter of this question, which is not a matter under the control of the Government. The secretary to the Grand Jury, however, reports to the effect that—1. There are no means of ascertaining the information sought in the first paragraph; 2. The amount of defalcation has not been reapplotted, as it is hoped that it will be recovered from the sureties; 3. Mr. Stokes was in receipt of £400 a year retiring allowance; 4. 5. 6. The Solicitor to the Grand Jury reports that, acting on counsel's advice, they did not proceed for an attachment against Mr. Stokes' pension. The defalcation was at July Assizes, 1884. Judgment was entered up against Mr. Hutchins and each of his sureties on the 10th December following, and legal mortgages got in 1885. It is stated not to be practicable at present to realise the amount, mainly owing to the fact that the interest of one of the mortgagors is one expectant on the termination of a life now at 77 years. These mortgages, as a matter of course, bear interest. 7. I am not in a position to state whether or not responsibility attaches to any person for allowing the money collected to be retained in contravention of the Statute quoted.