§ MR. O'DOHERTY (Donegal, N.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if his attention has been called to a prosecution by Sir John M. Stewart and others of James M Cann, junior, Beragh, which was adjudicated on at Carrickmore Petty Sessions by two magistrates, one of whom was Mr. J. W. E. Dunsterville, R.M.; whether he is aware that the summons served on the defendant was neither signed by magistrate nor dated; that he was represented by his brother, who handed the undated and unsigned summons to the resident magistrate, Mr. Dunsterville, who refused to look at it and ordered the defendant's brother out of court; that the defendant was fined £1 and £1 costs, and that subsequently the Lords Justices of Ireland, to whom 446 the summons was sent, rescinded the order of the magistrates and directed the defendant to be refunded the £2 paid by him; can he state what legal training, Mr. Dunsterville has for the position of resident magistrate, seeing that before his appointment he was a police officer; and, considering the dissatisfaction this magistrate has given in his district, whether steps will be taken to have him removed to some other position, and will he direct compensation to be paid by Mr. Dunsterville to the defendant.
§ MR. WYNDHAMThe summons was in legal form, but the document served was an incomplete copy, and the Executive was advised, under the circumstances, that the conviction should not be acted upon. Mr. Dunsterville, although not a barrister, has had much experience in the administration of the law at petty sessions. It is not proposed to remove him, or to require him to compensate the defendant, who has escaped punishment on a technicality.