HC Deb 28 February 1893 vol 9 cc562-3
MR. SHEEHAN (Kerry, E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, with reference to the practice of some Magistrates in Ireland of refusing to address warrants for the levying of poor rates to the Constabulary as provided by Statute, whether the attention of the Magistrates has been directed to the unanimous judgment of the Exchequer Division in Ireland in the case of the Queen (Jones) v. Barry (reported in 23 Irish Law Times Reports, page 28), where it was held— That the execution of such warrants is now cast upon the police and not upon the complainant; and to the further case, re Presentments of the Baronies of Forth and Rathvilly (23 Irish Law Times Reports, p. 33), where it was held by Mr. Justice O'Brien on circuit that— Warrants issued by justices for the collection of county cess, in pursuance of section 152 of the Grand Jury Act, should be addressed to the sub-inspector or the head constable of Constabulary, or other person, in accordance with the provisions of Section 25, Sub-Section 2, of the Petty Sessions Act, and not to the barony cess collector. And as the identical sections of the Acts of Parliament govern the collection of county cess and poor rate, whether instructions will be issued to the Magistrates that in future when so required they are to address such warrants to the Constabulary?

THE CHIEF SECRETARY FOR IRELAND (Mr. J. MORLEY,) Newcastle-upon-Tyne

As regards the judgments referred to in the question of the hon. Member, I have to observe that in a case of more recent date the Court of Queen's Bench refused to grant a mandamus to compel the Magistrates to issue such warrants to the police. It is open to the collectors to proceed by distress or other process of law, and Government entertain a strong opinion as to the expediency of the police being used for the purpose of collecting public taxes. The collectors are paid a poundage for the collection, and it is obviously right in principle that they who are primarily responsible, and are paid for the work, should incur the burden of executing the warrants.