HC Deb 29 June 1893 vol 14 cc336-7
MR. SEXTON (Kerry, N.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that Patrick Enright, farmer, of Baningvogeen, Newtowndillon, County Kerry, was on the 6th instant returned by the Tarbert Petty Sessions Bench for trial at the Tralee Quarter Sessions on a charge of rescue of a cow (his property), seized under a distress warrant; whether the seizure was illegal, not having been effected by or in the presence of the per- son to whom it was addressed—namely, Matthew Mulvihill, rate collector; whether the attention of the Local Government Board has been drawn to the fact that Mulvihill is bailiff to a local landlord, Captain Leslie, who sat and adjudicated in the case against Patrick Enright, and signed the committal; and what action will be taken as to the charge against Enright and the illegal action of Mulvihill in deputing to another person the execution of the warrant of distress?

MR. CARSON (Dublin University)

What warrant was granted? Will not the question of its legality be raised at the trial?


The man has been tried, and it is all over now. The facts are correctly set forth in the first paragraph. The seizure was made under a warrant for poor and seed rate, and was issued for execution at the instance of the rate collector, Matthew Mulvihill. The warrant was not addressed to Mulvihill, but to a man named John O'Connell, a special bailiff, who executed the warrant. Mulvihill is rent warner to Captain Leslie, and not a bailiff; and there were, I am informed, four other Magistrates on the Bench on the 6th instant besides Captain Leslie. At Tralee Quarter Sessions, on the 27th instant, Enright pleaded guilty to the charge, and, having promised to pay the amount of the decree, was allowed out on his own recognisances to come up for judgment when called upon. No steps have been taken against Mulvihill, as it does not appear that he acted illegally.