§ Mr. GINNELLasked under what statute one resident magistrate, devoid of legal training, now tries cases of the class in which The Prevention of Crimes (Ireland) Act, 1887, required two resident magistrates, one of least of whom should have had legal training; under what statute are cattle-driving cases withdrawn from the ordinary justices of the district in which they occur; under what statute was Michael Barry, of Ballinacarriga, on the 22nd May last, brought from his own petty sessions district, where he could have got sureties, to Queenstown, thirty miles away, and there tried at 10 o'clock at night and sent to prison by a resident magistrate having no legal training; how many agrarian cases have been withdrawn from the ordinary law and dealt with as aforesaid since 1906; and whether the orders under which this has been done will be submitted to this House?
§ Mr. REDMOND BARRYThe hon. Gentleman refers, I presume, in the first part of the question, to the Criminal Law and Procedure Act, 1887. There is no Statute enabling a single Resident Magistrate to adjudicate upon cases in which two magistrates were required under that Act. In the case referred to, the man Michael Barry was caught by the police in the very act of unlawfully driving a large number of cattle—in or about thirty head—away from their owner's lands, and, refusing to desist, he was arrested by the police and taken before a magistrate to give sureties for his good behaviour. Barry declared that he would go to gaol first, and refused to provide sureties, and, on getting another opportunity in Cork, again declined to do so. The procedure adopted was not taken under any special Statute, and was according to the general ordinary law. No cases have been withdrawn from the ordinary law since 1906.
§ Mr. GINNELLWhy was this man brought thirty miles from his home, and taken before a magistrate at ten o'clock at night?
§ Mr. REDMOND BARRYI suppose he was brought before this magistrate because it was convenient, and the circumstances of the case required it.