§ MR. DILLON (Mayo, E.)I beg to ask Mr. Attorney General for Ireland whether his attention has been called to the fact that in the Report of the King's Bench Judgments, in Owens and Others. v. Tyacke, Mr. Justice Kenny founded himself in the charge to the jury of Baron Fitzgerald at the Dublin Summer Assizes of 1868 on the law of legal assembly; and, seeing that it is the practice of the Courts to rely upon charges of the judges, and that in the case of Rainsford v. Browne the Irish Lord Chief Baron, in a considered charge on questions which he required counsel on both sides to argue before him, laid down propositions of law and disapproved of the judgment of Lord Halsbury in the "Mermaid" case, whether, with the view of providing Parliament with an accurate report of the opinion of this authority upon the questions involved, be will reconsider his decision and arrange to lay a copy of that charge upon the Table.
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. ATKINSON,) Londonderry, N.The Irish Government was not directly or indirectly concerned in the suit of Rainsford v. Browne, nor has it any right to call upon the Lord Chief Baron to furnish a copy of his charge. The object of having the charge laid upon the Table of the House appears from the Question to be to discuss the relative soundness in point of law of the judgment of the Privy Council in the "Marais" case delivered by the Lord Chancellor, and the opinion of the. Lord Chief Baron as expressed in his charge in Rainsford v. Browne. I see no reason to depart from precedent to further this object, and must adhere to the decision already arrived at.
§ MR. DILLONIs the right hon. Gentleman aware that the Colonial Secretary, when I questioned him, referred me to the Irish Government?
§ MR. ATKINSONThat may be so, but the Irish Government are not responsible directly or indirectly.
§ MR. J. CHAMBERLAINThe hon. Member is under a misconception, I think. He never asked me this Question.