HC Deb 22 December 1893 vol 20 cc201-2
MR. SEXTON

On behalf of the hon. Member for West Cavan, I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the cases of William McCartan, an old man of 80, and Thomas and Henry Burden, two illiterate fishermen, from the barony of Mourne, who were arrested for taking seaweed below low water near Kilkeel, wading into the sea for the purpose, and who are now in Belfast Gaol, under an attachment issued by leave of the Vice-Chancellor for contempt of an order of the Chancery Division; whether the alleged rights of Lord Kilmorey and his licensees, under grant from the Crown, extend below low water; and whether having regard to the men's ignorance of the nature of proceedings in Chancery, and their inability to obtain legal aid, and to the rights of the Crown in the matter, he will order an inquiry to be made?

MR. ASQUITH (for Mr. J. MORLEY)

I understand that the landlord established in the Superior Courts, both in the interests of himself and his tenants, his absolute right to the seaweed along the Mourne shore. It appears that the three men referred to were, after repeated warnings, proceeded against and a writ of attachment for contempt of an order of the Superior Courts obtained. The matter is one in which the Executive Government has no power to interfere. Any representation on behalf of the men should be made to the committing Court.

MR. SEXTON

So it seems that an ignorant old peasant of 80 is to be imprisoned for a long time for contempt of an order of the Court of Chancery in a very complicated matter! Would it not be possible to make any representations to secure his release?

MR. ASQUITH

That is a hardship which often occurs. But I imagine that any representation made should be made on behalf of the men themselves.

MR. BYLES (York, W.R., Shipley)

As it is an offence to gather seaweed in Ireland, is it equally an offence in England?

MR. ASQUITH

What I understand to have happened is this. An order was made by the Court of Chancery in Ireland declaring the rights of certain persons, and these men were arrested for disobedience to that order. The imprisonment has not taken place under the ordinary law.

MR. SEXTON

Is there any means of getting the men released until the Vice-Chancellor consents to let them out?

MR. ASQUITH

The powers of the Superior Court are unlimited.

MR. CARSON (Dublin University)

Has any application been made to the Vice-Chancellor on any undertaking by the men that the offence shall not be repeated?

MR. ASQUITH

I have no information as to that.