§ CAPTAIN DONELAN (Cork, E.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that four fishermen belonging to Youghal, county Cork, charged with an offence against the fishery laws committed in Youghal Harbour, were on Monday last compelled to attend the Petty Ses- 1370 sions Court at Clashmore, county Waterford, eight miles from Youghal, although Petty Sessions are held weekly at Youghal, and only monthly at Clashmore; whether he is aware that for the past 15 years similar cases have been invariably tried at Youghal; and whether, in view of the hardship and expense which this new departure, if persisted in, will inflict upon Youghal fishermen, he will cause inquiry to be made with the object of preventing a repetition of such proceeding?
§ MR. GERALD BALFOURThe offence referred to in the first paragraph was committed, I am informed, not in Youghal Harbour, but in Mangan's Bay, which is in the county of Waterford. The question of hearing these cases at Clashmore Petty Sessions was raised by the solicitor for the defendants before the magistrates on Monday last, and they were unanimously of opinion that the offence was committed within their jurisdiction, and that the cases were properly brought to the Clashmore Sessions. It has not been the practice for the past 15 years, or for any period, to hear such cases at Youghal, unless the offence committed was within the jurisdiction of the justices of that district. It is open to the defendants, if so advised, to test the jurisdiction of the justices at Clashmore Sessions to hear these cases, and the Executive see no reason to interfere, as suggested.
§ CAPTAIN DONELANIs it not the usual practice to summon persons charged with an offence before the nearest and most convenient court of petty sessions; and, if so, why was it departed from in this case?
§ MR. GERALD BALFOURNo. It is a question of where the offence is committed, and in this case I understand it was outside the jurisdiction of the Youghal magistrates.