§ MR. WILLIAM O'BRIEN (Cork)I beg to ask Mr. Attorney - General for Ireland if his attention has been drawn to a memorandum from the Southern Law Association intimating their unanimous conclusion, after a full investigation, that there is no ground for suggesting that there has been any contributory negligence on the part of suitors or their solicitors in reference to the defalcations of Tristram Curry, late acting-clerk of the peace for the East Riding of Cork: and that according to the settled practice of the Recorder's Court, there is no rule published or known to the practitioners of the court prescribing that moneys should be lodged in the Recorder's name; why the Recorder has failed to carry out in the East Riding the rule in force in the West Riding, by which the moneys of suitors are lodged in the joint names of the county court judge and his officer; and whether any deficiency remaining after Curry's sureties have discharged their liability will be made good by the official whose duty it was to see that the clerk of the peace properly invested the moneys lodged with him; or what other steps will be taken to indemnify suitors.
§ THE ATTORNEY - GENERAL FOR IRELAND (Mr. CHERRY,) Liverpool1423 Exchange My attention has been called to the memorandum referred to in the Question, but I regret to say that I cannot agree with the conclusion arrived at by the Southern Law Association. It appears from their own statement that in the case investigated by them, the conditions of sale, as approved of by the court, directed payment to be made to the clerk of the peace only, and that the solicitor, whose duty it was to make the payment, instead of complying with the conditions, handed the money to another official who had no authority, as far as I can see, to receive it. Under these circumstances, I cannot understand how the Association has arrived at the conclusion that the solicitor in question is free from blame in the matter. The assertion of the Association that there are no rules published prescribing that money should be lodged in the Recorder's name is quite contrary to the fact. The County Court Orders, 1890, provide for payment of trust moneys into a bank in the joint names of the judge and the clerk of the peace. These rules are signed by the present Recorder of Cork, and apply to his court as well as to all county courts in Ireland. If they were strictly observed, defalcations such as have unfortunately taken place, would be impossible. Until the matter is fully investigated, as I hope it will be within a short time, it would be impossible for me to say who is mainly responsible for the irregularities which have apparently prevailed in dealing with money in the Recorder's Court. It has not yet been shown that any of the moneys, which has been embezzled ever reached the hands of the clerk of the peace at all, or that he was aware of its payment to Curry. No blame, therefore, should be attached to him for what has taken place.
§ MR. WILLIAM O'BRIENWill the Society have an opportunity of being heard?
§ MR. CHERRYI will take an early opportunity of communicating with the Lord Chancellor to see what can be done.
§ MR. T. M. HEALY (Louth, N.)The right hon. Gentleman has promised full investigation. Will he undertake that it shall be conducted by a person independent both of the Government and of the local people?
§ MR. CHERRYI cannot say at a moment's notice by whom it will be conducted. I will confer with the Lord Chancellor and see what is best to be done.