IMPORTANT TO EMIGRATION AGENTS. |
IT will be in the recollection of readers of the Examiner that a Special Petty Sessions were held in Killarney on Monday, the 15th June, to try a summons in which Captain Ellis, of the Emigration office, Liverpool, was complainant, and Joseph Ahern, of Killarney, was defendant. The summons charged the defendant with a breach of the passenger Act, 18th and 19th Vic., chap. 119, sec. 75, for having acted as emigration runner, without being licensed and for not wearing a badge. Mr. Alexander Murphy appeared for the plaintiff, and Mr. Thos. R. Wilson for the defendant. Mr. Wilson denied that his client was an emigration runner, and read the 3rd section of the act (being the interpretation clause) in which the term emigration runner was defined to be a person who solicited intending emigrants in any seaport town or place of shipping, or within five miles of the boundary thereof ; and argued that as Killarney was not a seaport or place of shipping, nor situate within five miles of any such place, the act did not apply. The magistrates referred the case to the Law Adviser of the Crown, and the following is the opinion of that functionary on the matter: |
Dublin Castle, 22nd June, 1863 |
GENTLEMEN,Referring to your letter of the 15th instant relative to a man being summoned for acting as Emigration runner without being duly licensed, I am directed by the Lord Lieutenant to acquaint you that the Law Adviser who has been consulted on the subject is of the opinion that the acts complained of having been committed at Killarney the act referred to viz.the 18th and 19th Vic. chap. 119does not apply and that the summons must be dismissed.
I am, Gentlemen, your obedient servant, |
TOMAS LARCOM. |
The Magistrates, Petty Sessions, Killarney. |
CORK HARBOURSHIPPING INTELLIGENCE. July 2nd, 1863. |
ARRIVEDErmenia, Costa, Ibrail, maize ; Ernestine, Benson, Cardiff, coals, for Bermuda, put in leaky in bows ; Criminal, Rath, Brandt, Trietag, Odessa, maize ; Die Sonne, Ziesmar, Odessa, wheat ; Christiansund, Simonsen, New York, maize ; Venus, Fea, Liverpool, general cargo, for Cameroon, C.A. ; Von Laffert Lehsen, Schultz, New York, maize ; Scotia steamer, Harvy, Sulina, maize ; Edinburgh steamer, Liverpool to New York, and proceeded ; Mercede, Rulich, Sulina, maize.
SAILEDGreat Eastern steamer, Paton, New York, general ; Atlas steamer, Leggett, Waterford, maize ; Sidon steamer, New York, passengers ; Imperatriz, De Silva, London, beans ; Tieter, Dahlen, Sunderland, timber ; Eleanora, Brandivaite, Sligo, grain ; Irt, Morgan. Liverpool, timber ; Iris, Kennard, Liverpool, bones ; Amici, Preve, Waterford, grain ; Michele Gatorna, Bonsignore, Cardiff, ballast ; Pellegra, Facie, Swansea, ballast ; Vivid, Corning, London, oil. |
(By Magnetic Telegraph.) |
ARRIVED(Wind N. ; light, fine)Anneta Cosavich, Sulina ; Flora, Ibrail ; Emmanuel, Ibrail ; Messina, Taganrog ; Nuova Attaves, Sulina ; Maria Heyn, New York ; Laura, Ibrail ; Pietro, Ibrail ; Eva, Ibrail.
SAILEDPieter, for Sunderland ; Scotia steamer. |
AMERICA. |
QUEENSTOWN, FRIDAY, 2, P.M.The homeward bound Inman steamer Glasgow, from New York, reported off harbour. |
THE GREAT EASTERN. |
WE incorrectly stated yesterday that it was to remove portion of her cargo that the Great Eastern was detained at the mouth of the Mersey. It was to take on board more. It was also incorrect to state the number of passengers sailing from Liverpool as a thousand ; the number was about 800. |
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TWO unwilling voyagers proceeded in the Great Eastern to America from Queenstown on Wednesday evening. One was the pilot who brought the leviathan into port, and who had also to guide her out ; the other was a young gentleman in the employ of Messrs. N. J. Cummins, Brothers, agents of the ship and owners. They proceeded to the ship, with a large number of visitors, in the steam-tender Willing Mind ; and it was not until the latter was a considerable distance on her return from the Great Eastern, which was then steaming away on her long voyage, that their absence was discovered. The Willing Mind immediately turned around and went in pursuit of the Great Eastern, and after some time, the latter having purposely slackened speed, came up with her on the leeward. The sea, however, was so rough, it was deemed impossible to make fast alongside, and two involuntary voyagers were left to experience the pleasures, or, it may be, discomforts, of a passage in the Great Eastern. |
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CORPORAL PUNISHMENT IN THE NAVY.The marine James Scott, belonging to H.M.S. Hastings, who was recently sentenced to thirty-six lashes and twelve months' imprisonment, for assaulting his corporal, underwent the first portion of his sentence on board his ship at eleven a.m. on Tuesday. He did not murmur from the beginning to the termination of the infliction. Harling, the other marine, who was sentenced to receive forty-eight lashes and be imprisoned for eighteen months, for a more aggravated offence of the same nature, has had the corporal punishment remitted, owing to the physicians having certified him incapable of enduring the infliction. He will, however have to undergo the full term of imprisonment awarded him. |
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MR. P. DONOVAN, J.P., family and suite, have arrived at his residence, Frogmore, the Spa, after a lengthened sojourn on the Continent. Mr. O'Donovan's tour has much improved his state of health, an announcment which will afford much gratification to his numerous friends.Tralee Correspondent. |
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THE steamship Scotia, Captain Danby, commander, belonging to the Greek and Oriental steamship Company, arrived in the harbour yesterday from Selina, with a cargo of Indian corn. Her main shaft, having been broken in the Mediterranean, she was obliged to sail for the remainder of the voyage. The cargo is consigned to Samuel Coventry & Co., of this city. |
THE RIGHT TO HOIST A FEDERAL FLAG. |
AT the Petty Sessions held in Killarney on Wednesday, before Messrs. Thomas Gallwey, chairman ; Daniel C. Coltsman, D.L. ; Henry Leahy, Richard Murphy, and R. H. Orpen, Mr. Daniel Shea, emigration agent and proprietor of a spirit store, in Hen-street, was summoned by Mr. Owen Ahern, stationer and emigration agent, for that he, on the 26th and 27th day of June, and on several other days previously, hung out and displayed, or suffered to be hung out and displayed, from his licensed public house, a flag or decoration not being the known and usual and accustomed sign of the house of a retailer of spirits, after having been served with notice in writing that his acting so was contrary to law. Mr. Thomas K. Wilson, who appeared for the prosecution, relied on the 8th sec. of the 6th 7th William IV., c. 38, which, after prohibiting certain illegal assemblies in the houses of retailers of spirits, went on to say that Retailers shall not on any occasion or pretence whatsoever hang out or display or suffer to be hung out and displayed from any of their houses or other place of sale, any known sign, flag, symbol, colour, decoration or emblem whatsoever, except the known and usual and accustomed sign of such houses or other places of sale usually fixed thereto in the way of business, under a penalty not exceeding 40s. or not less than 10s. Mr. F. H. Downing, who represented the defendant, contended that the above act referred to illegal assemblies in such houses, and that the flag of the stars and stripes which flaunted over Mr. Shea's establishment in the Main-street, in which street the spirit store was not at all situated, was adopted by him as the future sign of the trade, and as the sign of an emigration agent.
The plaintiff having been examined relative to his opinion of the defendant's claim to exhibit such a sign, and the apprehended danger of the defendant's house falling on his since the flag was put up ; and a police constable having given evidence of Shea being a licensed publican.
Mr. Wilson forcibly contended that the above act referred to this case and called on the magistrates to impose a fine.
After a lengthy discussion, the bench, intimated their intention of dismissing the case.
Mr. Wilson asked them to submit the facts for the opinion of the law advisers ; but the magistrates decided the contrary, stating that by doing so they would be submitting too many cases for their opinion, and it was unneccessary to do so on this occasion. The case, which elicited a very great amount of interest through the town, and on account of which an unusual number thronged the court, was, after some lengthened discussion between the two professional gentlemen, ultimately dismissed. |
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YESTERDAY at the Police Office, Mr. James Joyce, Inspector of public cars, summomed the following drivers for offence against the bye-laws :John Ahern, driver of car 16, the charge against him was for loitering off his stand, was fined 2s. 6d. with costs ; John Howard, for not being licensed, 10s and costs ; Timothy O'Brien, driver of car 305, for obstructing the roadway at Summer Hill, 2s. 6d., and costs ; Michael Russell, driver of car 161, for a like offence, 2s. 6d., with costs. |
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MUSEUM OF IRISH INDUSTRY.Mr. Sydney Pontifex, student in the Practical Chemical Class, Museum of Irish Industry, has been appointed by Dr. Hoffman, F.R.S., Honorary Assistant in the College of Chemistry, London. |
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GOOD LANDLORDISM.J. C. Delmege, Esq., J.P., Castle Park, has munificently granted the liberal abatement of 20 per cent. to all tenants on his Clare estates, and has besides voluntarily given pasturage as a gratuity in consideration of the pressure of the times. Moreover, Mr. D. is expending large sums in works of improvement which afford much employment to the labouring class of the district. This is an example worthy of imitation. |
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MARRIAGE IN HIGH LIFE. |
A MEETING of the inhabitants of Bandon was held in the Town Hall, yesterday, in compliance with a public requisition, to adopt measures for paying a suitable compliment to the Lady Mary Bernard on her approaching marriage with Colonel Aldworth, Newmarket. Mr. Wheeler, chairman of the Town Commissioners, presided. Mr. H. Unkles having spoken at length on the excellences of the Bandon family, and the claims which they had to the esteem and respect of the inhabitants of the town, moved the following resolutionThat we beg to express our sincere congratulation to the Right Hon. the Earl of Bandon, on the approaching marriage of his amiable daughter, Lady Mary Bernard ; that a committee be appointed to carry out such a demonstration as to them may seem suitable on the occassion. The resolution was seconded by Mr. S. R. Tresilian and adopted. Mr. Wheeler, Dr. Brown, Messrs. Berwick, Lester, Lee, Tresilian, Doherty, Hickey, and Unkles, being appointed the committee. A subscription list having been opened £54 was in a short time contributed. Mr. Pope was appointed treasurer and Mr. Wolfe secretary. The chairman stated that Mr. T. K. Sullivan had desired him to put down his name for £1. |
BIRTHS. |
On the 1st inst., at Waterfall, in this county, the wife of Wm. Samuel Coe, Esq., C.E., of a son. |
MARRIAGES. |
On the 13th ult., at Rondebosch, Brownell Richard Murphy, Esq., Assistant-Surgeon, R.N., Royal Naval Hospital, Simon's-town, to Rosetta Margaret, second daughter of J. H. Macaulay, Esq., of H.M.'s Customs, Capetown.
On the 1st inst., James Armstrong, of Quinsborough terrace, Bray, to Elizabeth Maria, daughter of Thomas Barnard, Esq., Gravesend, Kent. |
DEATHS. |
On the 29th ult., at Bawnmore, in this county, Mr. Jeremiah O'Connor, sincerely regretted by a large circle of friends, aged 95.May he rest in peace. Amen.
On the 28th ult., at Medway, in this county, of bronchitis, Henry Charles John, only son of Capt. Harris.
On the 27th June, at 5, Melville-street, Portobello, Thomas Miller, Esq., of Thomas Miller and Sons, stockbrokers, 72, Princes-street, Edinburgh.
On the 30th June, at her residence, 16, Rathmines, at an advanced age, Christiana, relict of the late Robert Day, Esq., barrister-at-law. Her remains left at six o'clock this (Friday) morning for the King's- bridge Terminus, for interment in Queenstown Churchyard, county Cork. |
AMERICAN AFFAIRS. |
The Times remarks that if Lee wins the cause of the North is lost. If he loses, the cause of the South is not essentially injured. If Hooker's army is defeated, Washington occupied, and Pennsylvania overrun by a Confederate army it is difficult to see how the demands of the South for independence can be any longer refused ; but if the Confederate commander should be compelled to retrace his steps to the Rappahannock his position will be little worse than before, except in the improbable event of some crushing reverse. Still it cannot be denied that the Southerns are now throwing for a great prize. |
RECOGNITION OF THE SOUTH BY FRANCE AND SPAIN. |
The Paris correspondent of the Times writing yesterday says, Private letters from Madrid inform me that proposals of recognition have been made on behalf of the Southern States of America to the Spanish Government, and that those proposals are made with the cognizance and full sanction of the Emperor of the French. The proposals are at this moment under the consideration of the Spanish Cabinet, who are aware that they are approved of by the Emperor, and also are aware that if Spain consents she will have the support of France. Everyone knows how the possession of Cuba was coveted by the United States. It appears that Spain would be now completely tranquilised on this head as the Confederates are prepared to guarantee the possession of this rich colony, either by treaty with her or by joining in a treaty with other powers in return for certain not unreasonable advantages. It is thought at Madrid that in any case the Emperor of the French will not much longer postpone recognising the confederacy, if with others, well and good, if not, alone. |
POLICE OFFICEYESTERDAY. (Before Messrs. W. JOHNSON, N. DUNSCOMBE, and J. L. CRONIN, R.M.) |
MR. JOHN HORGAN, lately of Macroom, attended to prosecute his wife, his eldest daughter, and his son-in- law, named Clarke, for unlawfully detaining from him a younger daughter, named Ann Horgan, who was still a child. It appeared that the complainant's daughter and son-in-law were going to America, accompanied by his wife, and that they wished to take the child with them. He was opposed to the child leaving, but his wife had possession of her and was keeping her from him. He therefore applied to the court to interfere and make an order that the girl should be given up to him.
The Bench did not think they should interfere in the matter, but expressed an opinion that the complainant was entitled to have the custody of his children.
A middle-aged woman, named Catherine Kelleher, was brought forward in custody, charged with having stolen two bottles of whiskey, some tea, tobacco, and a small sum of money from Mr. Edward Barry, publican, Merchant's-quay. The prisoner pleaded guilty. It was stated that she had entered Mr. Barry's house as a domestic servant on last Monday, and yesterday morning she was caught by her master coming out of the shop with the above-mentioned articles in her possession. She was sentenced to a fortnight's imprisonment.
Constable Hosford put forward Mary O'Neil and Eugene O'Neil, mother and son, on a charge of larceny, and applied to have them remanded until to-morrow. He stated that the prisoner Eugene O'Neil had been in the employment of Messrs. Beamish and Crawford up to yesterday, when he (Constable Hosford) acting upon information given him searched the house in which Mary O'Neil lived, and found there three bags, identified as the property of the Messrs. Beamish and Crawford, 12 or 14 stones of oats, and three stones of malt. The male prisoner was charged with having stolen this property, and the woman with having received it knowing it to have been stolen ; and to-morrow he would be in a position to produce evidence to support both charges.
The remand was granted. |
KILLARNEY UNIONTUESDAY. (FROM OUR CORRESPONDENT.) Mr. C. MURPHY in the chair. |
OTHER Guardians presentMessrs. James O'Connell, J.P. ; D. S. Lawlor, J.P. ; H. A. Herbert, J.P., jun. ; John Dumass, Edward Sealy, R. H. Orpen, J.P. ; and O. M'Gillycuddy.
STATE OF THE HOUSE.Remaining at the close of last week, 478 ; admitted since, 29 ; born, 0 ; died, 2 ; discharged, 24 ; remaining in the house on last Saturday, 480. In hospital, 143.
AVERAGE COST OF AN INMATE.General, 2s. 3d. ; hospital, 2s. 11 ¼d. ; hall, 1s. 11d¾.
A letter from the Poor Law Commissioners, relative to the appointment of medical physician for Killarney Union was read. The Commissioners approved of the appointment of Dr. M'Donough at the salary of £70 per annum, commencing, as proposed, on the 16th inst. They, at the same time, requested of the committee the propriety of taking an accurate inventory of the several articles to be furnished to Dr. M'Donogh. [sic] It was desirable that it should be revised from time to time, at least once a year, adding thereto any article that may have been supplied in the meantime, and deducting such as may become worn out or useless.
A woman named Guerin, with a child in arms applied to be admitted, stating that her husband was a labourer, and was in town, unable to procure any employment, and would rather starve outside than enter the houseRejected.
A young man named Desmond, belonging to the Kerry militia, next applied for admission, stating that after the embodiment of the militia he was brought over from London, where he obtained employment, join the regiment, though the period which he had to serve was only five days ; that on receiving a letter to join, he wrote to Capt. Spring, asking to be allowed to enter some other regiment, as he had only five days to serve, and that on being refused he was obliged to pawn all the clothes he had to collect the expense of the journey from London.
After some consideration, the board decided on granting the application under the circumstances detailed to them.
Several other applicants from the same regiment, also applied for, but were refused admission.
The ordinary business having been transacted, the board adjourned. |
KINSALE UNIONTHURSDAY. In the chair WILLIAM R. MEADE. |
THE guardians present wereMessrs. John Walton, William Markham, John S. Bird, Thomas Buckley, Charles G. Fryer, Achilles Daunt, Thomas W. Knolles, Thomas R. Lane.
In the house on Saturday, the 30th inst. [sic], 171 ; admitted the following week, 12 ; born, 0 ; died, 0 ; discharged, 23 ; remaining on Saturday, the 27th ult., 160 ; of these 69 were in hospital.
Cost of provisions, &c., received during the week, £12 8s. 8d. ; do. consumed, £14 3s. 10d. The general average cost for the week, 1s. 7¼d. ; in hospital, 2s. 0¾d. ; able-bodied, 1s. 3½d.
Lodgements, £00 0s. 0d. ; payments, £182 18s. 4d. Balance in Bank to the credit of the union, £199 8s. 5d. | |