HC Deb 20 April 1896 vol 39 cc1259-60
MR. J. DALY (Monaghan, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, if he is aware that the Carrickmacross Magistrates at Petty Sessions, on 20th March 1896, dismissed a case brought by the Guardians of Carrickmacross Union under the Public Health Act on account of the Guardians not being represented by a solicitor; whether he is aware that the Guardians by resolution authorised their relieving officer to prosecute in the case; and, what steps he proposes to take in the matter?

MR. GERALD BALFOUR

A Report has been received from the Clerk of the Union, who was present at the hearing of the case on the 20th March, to the effect that the Magistrates held the case was not proved, owing to the absence of sufficient evidence, and they accordingly dismissed it without prejudice. He does not say that the case was dismissed because the Guardians were not represented by a solicitor. In October last, the relieving officer was appointed by resolution of the Guardians to prosecute in a case similar to that recently dismissed, but I cannot say whether the resolution was in such general terms as to authorise him to represent the Guardians in the later case. The action to be taken by the Guardians must be decided by them on the advice of their own legal adviser, and the Government do not propose to take any steps in the matter.