§ MR. REES-DAVIES (Pembrokeshire)I beg to ask the Secretary of State for the Home Department whether he is aware that in a case recently tried before Judge Bishop in the County Court of Newcastle Emlyn, Cardiganshire, an important point of law was raised and adjudicated upon as to the right of a bailiff to effect an entrance into premises by climbing over fences in levying distraints for tithe, and that a fine of £5 was imposed upon the defendant, who has entered an appeal against the judgment of the County Court Judge; whether he is aware that the Treasury has now taken up the case on appeal for the bailiff of the County Court, notwithstanding that a solicitor had been engaged and counsel instructed on the bailiff's behalf; and whether he will state under whose authority these proceedings were taken; and whether he will take steps to prevent such action on the part of the Treasury in interfering with civil proceedings?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. ASQUITH, Fife, E.)Since my hon. Friend last put this question, I have had an opportunity of considering the matter in consultation with the Attorney General. The bailiff being an officer of the Court, it appears that the Registrar applied to the Superintendent of County Courts for legal assistance on his behalf in the usual manner, and the application was granted in ordinary course, without any reference either to the Attorney General or myself. We are of opinion that the circumstances of the case are exceptional, the object of the appeal being, as we understand, to test the accuracy of an opinion given by the Law Officers, which was apparently being 1348 acted upon by the appellant. The briefs have been delivered, but the Attorney General will give directions that the case shall be argued on behalf of the bailiff, not by the Treasury Counsel, but by the counsel whom he himself originally caused to be instructed.