HC Deb 01 June 1893 vol 12 c1757
MR. T. M. HEALY

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether, as the 6 and 7 William IV. c. 38, s. 8, uses the words that a publican shall not display any sign, flag, or symbol, colour, decoration, or emblem, whatsoever, "except the known and usual and accustomed sign of such house," he will have a test case from Deny submitted to Petty Sessions, and a case stated thereon to the Superior Courts, with a view to decide whether this section imports that it is lawful to fly a particular flag from licensed houses but forbids others?

MR. J. MORLEY

The Government have no power to call on the Magistrates to state a case for the Superior Courts in the event of the decision being in favour of the prosecution. This can only be done by the defendants.

MR. T. M. HEALY

It was done in the case of the Lord Mayor of Dublin?

MR. J. MORLEY

I am told that it can only be done by the defendant.

MR. T. M. HEALY

But under the Coercion Act, when the Lord Mayor of Dublin was acquitted, the hon. Member for Dublin University, who conducted the prosecution on behalf of the Government, demanded a case, although there was an acquittal.

MR. J. MORLEY

I will inquire further.

MR. CARSON (Dublin University)

As I have been personally referred to, I will ask the right hon. Gentleman if it is not a fact that in all cases the Attorney General has a right to demand that a case shall be stated. It was under the ordinary law that I insisted on that being done in the case referred to by the hon. Member for North Louth.

MR. J. MORLEY

I cannot answer a legal question of that kind without consulting the Attorney General of the present Government.