§ MR. DUFFY (Galway, S.)I beg to ask Mr. Attorney General for Ireland if he is aware that a man named John Cooley had an application listed for 1132 hearing at the recent quarter sessions in Loughrea for compensation for the malicious burning of heather; and that Cooley withdrew the application from court although applicants of this kind are compelled by statute to enter into recognisances to prosecute their claims before the county court judge; whether he will lay upon the Table of the House a copy of the order made by the learned judge; and whether it is intended in this instance to enforce the penalty prescribed by the statute for persons who neglect or fail to prosecute in such malicious injury claims.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. ATKINSON,) Londonderry, N.John Cooley entered into the ordinary recognisance in the common printed form to prosecute his information whenever called upon, or required so to do by the constabulary or other lawful authority. In my opinion, this recognisance has no application to a case like the present, where the person or persons who caused the injury are unknown. The answer to the second and third paragraphs is in the negative, but I shall be glad to show the recognisance to the hon. Member if he desires to see it.
§ MR. T. M. HEALY (Louth, N.)Why was the ordinary printed form invalid?
§ MR. ATKINSONThe difficulty is that you cannot prosecute unknown persons.