§ Mr. O'DOHERTYasked the Secretary to the Treasury whose duty it is to examine the appointments of water bailiffs appointed by the owners of a fishery pursuant to Section 82 of 5 and 6 Vic., c. 106, and to see that the same are duly stamped as provided by Section 13 of 8 and 9 Vic., c. 108; is he aware that at the Buncrana Petty Sessions on Thursday, the 31st ultimo, in a fishery prosecution, the appointments of the water bailiffs who were appointed by Mr. Giveen and Mr. Richardson, agent and owner, and approved of by the justices at Petty Sessions, did not bear the necessary 5s. stamp; is he aware that this system of appointing bailiffs by the owner in question has gone on for years; and will he inquire into the matter?
§ Mr. BIRRELLUnder Section 82 of the 5 and 6 Vic., c. 106, the owners of a fishery are empowered to appoint water bailiffs. A form of such appointment is set out in the Schedule to the Act, and, when prepared, it has to be approved and endorsed by two justices assembled in Petty Sessions. This Statute contained no Section directing such appointments to be stamped. By Section 13 of the 8 and 9 Vic., c. 108, it was enacted that the appointment of each water bailiff, under 5 and 6 Vic., c. 106, should be subject to a Stamp Duty of 5s., and to no higher duty. There is nothing in the Act making it the duty of either the owner of the fishery or the magistrates to see to the stamping, and, as a matter of fact, no appointment of water bailiff in the Petty Sessions district of Buncrana has ever been stamped. It does not appear that there is any power to make the owner stamp the appointments or to prevent the magistrates endorsing unstamped appointments. There is no personal penalty for not stamping such appointments, but under the Stamp Act they would, if unstamped, be inadmissible in evidence except in criminal proceedings.