§ MR. T. M. HEALY (Louth, N.)
To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Privy Council have, on the advice of the Law Officers, disallowed a bye-law of the King's County, passed to prevent the destruction of the Banagher great fair by preventing the same being forestalled by street-selling antecedent to the fair; is he aware that the great horse fair of Cahirmee, County Cork, is being similarly destroyed by forestalling, and that the decrees of the Chancery Division are rendered worthless by the refusal of the police to prevent animals being exhibited and sold on the streets in anticipation of the fair; will he inquire whether horse-buyers from all parts of Europe are disappointed and the sellers of animals prejudiced by the uncertainty and irregularity created by this system of forestalling, which makes it impossible for horse-buyers to know where and when a fair begins; and whether, as the King's County Council was the first to attempt a practical remedy for the evil, the Government will either not disallow such byelaws or will order the police to prevent the forestalling of fairs by preventing the public streets and roads being used for days and nights anterior to the advertised fair day, whereby sellers of horses are often defrauded of the true market rates and buyers forced to resort to irregular dealings in anticipation of the true fair.
(Answered by Mr. Birrell.) The proposed bye-law in question prohibited the sale or exposure for sale of cattle and other live stock in any public place in King's County on any day except the duly appointed fair or market day. The proposed bye-law was disallowed by the Privy Council, on the advice of the Law Officers, as being beyond the powers of the county council under the Acts in pursuance of which the bye-law was proposed to be made. The police cannot interfere in the matter unless an obstruction of the thoroughfare takes place, and I am informed that no such obstruction has occurred calling for the interference of the police in the case of either Banagher or Cahirmee. It is open to the owners of the fairs to take legal proceedings for the protection of their interests, but such 1452 interests cannot properly be protected by means of bye-laws for good rule and Government.