28 



whole of the time, and many of the respectable inhabitants of 

 Ballyshannon arid its neighbourhood were present. At the 

 close of the proceedings, Mr. Atkinson returned his thanks to 

 Mr. Drummond, the stipendiary magistrate, for his gentlemanly 

 conduct on the occasion. The Rev. Mr. Tredennick made no 

 observations. 



Mr. Drummond said he would transmit his notes of the 

 evidence (without any opinion from himself) to the government 

 without delay. 



The following is a copy of the Memorial and Correspondence 

 thereon, alluded to in the 18th page : 



" To His Excellency Lord Viscount Ebrington, Lord Lieutenant of Ireland. 



" Memorialists humbly and respectfully beg leave to submit to your Ex- 

 cellency that they are poor fishermen, and that while in pursuit of their 

 calling, to provide support for themselves and their families, in the month 

 of July last, they proceeded to fish at a certain place which memorialists 

 believe to be, and are credibly informed is, a very considerable distance 

 outside the limits of the Ballyshannon River Salmon Fishery, which is held 

 under a lease from Colonel Conolly. Memorialists were accordingly sum- 

 moned by Thomas Lipsett, agent and manager of said fishery, to appear at 

 Petty Sessions in Ballyshannon, to answer the complaint of said Thomas 

 Lipsett, as alleged for fishing within the limits of said fishery. Memorialists 

 accordingly attended, and offered to produce evidence that they were not 

 within the limits thereof, which the magistrates declined receiving, and 

 inflicted a fine of5/. on each of your memorialists, or three weeks' imprison- 

 ment. Memorialists, believing that this decision was illegal and unjust, 

 appealed to the next Quarter Sessions to be held in Donegal; the magistrates 

 received the appeal, which, on being called on to be heard, the assistant- 

 barrister declined entering upon it, as not conceiving it within his jurisdic- 

 tion ; also, for the reason that the Act, under which the conviction was 

 made by the magistrates, did not admit of any appeal from the decision of 

 the magistrates although the magistrates at the time admitted the right of 

 memorialists to appeal ; thereby causing much expense and trouble to me- 

 morialists, who have now further to submit to your Excellency, that on 

 Saturday, the 31st of October, on the application of said Mr. Lipsett, the 

 magistrates at Petty Sessions in Ballyshannon, issued their warrant against 

 memorialists to recover from each of us the sum of 51., and, in the want of 

 property, they have agreed to issue their warrant against our persons : 

 Memorialists beg, therefore, humbly to throw themselves on the protection 

 of your Excellency, and to implore that your Excellency will order the 

 warrants to be suspended until the case be investigated before a competent 

 tribunal, which may decide whether memorialists were actually within the 

 limits of the river fishery, which memorialists positively deny to have been 

 the case ; in proof of which memorialists can refer to the charter or grant of 



