§ MR. SWIFT MACNEILL (Donegal, S.)
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been directed to the proceedings of the landlord in a case in which the Marquess Conygham is plaintiff and Major Johnstone, of New Eden, Glenties, in the county of Donegal, is defendant, in which, at the last petty sessions at Ardara, on 12th June, a decree for the possession of three farms, Magherymore, Mullynigh, and Oisk, all under one rental, was granted, a decree in ejectment for non-payment of rent having been previously obtained, and to the magistrate's opinion that the application could not be refused as the six months' period of redemption had expired, notwithstanding that the defendant made an offer in gold of full rent and costs, which was refused, although Captain Crosbie, the resident magistrate, strongly urged its acceptance by the landlord's solicitor; and whether, having regard to the fact that the decree for possession was given on an undertaking on behalf of the landlord that the eviction would not be carried out for a month, and that now, in violation of that undertaking, preparations are being made for its immediate execution, he will refuse to lend the forces of the Crown in this case.
(Answered by Mr. Bryce.) I am informed that the facts are substantially as stated in the Question. The decree which was granted was, however, not against Major Johnstone but against James Boyle, who was originally a subtenant to Major Johnstone, and was, at the date of the decree, caretaker of the holdings. It is, I understand, the fact that the resident magistrate suggested the acceptance of the proposed payment in the interests of peace, but the plaintiff's solicitor stated that he had no power to accept the offer. I have no information as to any undertaking that the execution of the decree should be delayed for a month, nor have I any information that preparations for its execution are now being made; but in any event, it is hardly necessary for me to remind the hon. and learned Member that I have no power whatever to with- 612 hold the forces of the Crown in cases of this kind.