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said river fishery, by which the limits are prescribed as being far within 

 the position where memorialists were fishing, and where they believed they 

 had a perfect right to fish, and which they have competent", witnesses to 

 prove. Unless by the timely interposition of your Excellency, memorialists 

 humbly submit, thfey and their families will be ruined ; and memorialists, as 

 in duty bound, will ever pray. 



" JAMES KERRIGAN, Bundoran. 



" WILLIAM DALY, ditto. 



" JOHN GILVARRY, ditto." 

 " Bundoran, Nov. 4, 1840." 



Attorney -General, Nov. 4, 1840. 



" A claim of right, bonafide made, ousts the summary jurisdiction of the 

 magistrates. I think this memorial ought to be referred to the magistrates, 

 with a request that they will state what the charge against the party was 

 under what statute the conviction was made what was the defence relied 

 on and if they intimated that an appeal lay, and under what statute they 

 should be requested also to furnish any observations which occur to them 

 as material with reference to this memorial. 



" D. R. PIGOT." 

 " 6th November, 1840." 



"Dublin Castle, 7th November, 1840. 



" GENTLEMEN, In transmitting to you the enclosed memorial from 

 certain fishermen of Bundoran, who were convicted of the fishery laws, the 

 Lords Justices request that you will state, for their Excellencies' information, 

 what the charges against the party were under what statute the conviction 

 was had what was the defence relied on and if you intimated that an 

 appeal lay, under what statute. Their Excellencies also request you will 

 forward any observations which occur to you as material with reference to 

 this memorial. 



" I have the honour to be, &c. 



" MORPETH." 

 " To the Magistrates at Petty Sessions, Bally shannon." 



" Eallyshannon Petty Sessions, 12th Nov. 1840. 



" MY LORD, With reference to your Lordship's letter of the 7th instant, 

 enclosing the memorial of certain fishermen of Bundoran who were con- 

 victed before us, on the 15th of August last, of a breach of the fishery laws, 

 we beg leave, for the information of their Excellencies the Lords Justices, 

 to state, that the conviction was had under the Act of the 3d George III. 

 chap. 35, sec. 2, on proof, on oath, that the memorialists were detected 

 fishing with a boat and net within the limits of the Ballyshannon fishery. 

 Enclosed are copies of the informations exhibited, and of the evidence given 

 in support thereof. The memorialists brought no proof forward (save their 

 own assertions,) that they were not fishing within the limits of said fishery. 



