Northern Times.
Liverpool, Merseyside, England, 1860-01-17 00:00:00

THE TOWN -COUNCIL.

THE STIPENDIARY MAGISTRATE.
There was a special meeting of the Town Council
yesterday, for the purpose of considering what measures
should be taken to fill the vacant office of Stipendiary
Magistrate 'for the borough. The mayor, T. D. Ander-
son, Esq., presided. There was a large attendance of
members.

The MAYOR said, the first business was to consider,
determine upon, and carry into effect all necessary
measures under the Municipal Corporations Act, in Con-
sequence of the appointment of john Smith Mansfield,
Esquire, to the office of Police Magistrate in London,
and a vacancy in the office of Police Magistrate for thiS
borough. As this was a most important matter, he
had thought it better to take the discussion upon it at
the commencement of the proceengs.
Mr. GLADSTONE said, peilitps it .would be•better for
the council to have 'a distinct understanding as id what
their position was in reference to that matter

(Hear, hear.) .• The Town Clerk would 'probably
be -good enough to read the powers with' which
the Council are entrusted, and point out to the Council
how far they bore in regard to the Council ha-ving any
share in the appointment of a stipendiary' magistrate..
The TOWN-CLERK said the 99th section of the Mu-
nicipal Corporations Act provided that if any Council of
any borough should think it requisite to appoint a paid
police magistrate, the Council should make a bye-law;
fixing the salary to be paid, which bye-law should be
sent to the Secretary of State, together with a petition
to the Queen; praying her Majesty to make the appoint-
ment. • _ •_. _ _

Mr. GLADSTONB- said—ln fixing the salary did he
understand that the Council had power to appoint a
a stipendiary subject to the approval of the Home Sec-
retary, or even to recommend auy one for the office ?
The MAYOR said the course to be pursued was this—
the Council pass a resolution that it as necessary to ap-
point one or more paid police magistrates, a second-
resolution fixed the salary of the magistrate, and a third
was for the adoption of a memorial to the Queen, praying
her Majesty to appoint one. '
The TOWN-CLERK said, what the Mayor had stated
was all the, power given to the Council under the act
of Parliainent.

Mr.. GLADSTONE—And have we not power to appoint ?
The Tows-cannx—No. He' had stated all the
power given to the Council by the municipal act, but
he ought to explain that, in the case of the appointment
of Mr. Hall, Mr. Rushton, and Mr. Mansfield, in each
case the Council recommended the person for appoint-
ment by the Home Secretary, but there was, nothing in
the act of Parliament about that.
GrAnsTost —Then the Council have no power,
to appoint or recommend ? . .
The Tows-CLERK—No.

Mr. SHEIL said, in the debates On the Municipal.
Reforp Act it was proposed to leave the appointment
in anestion in the land 'of the Town Council ; but.
thae4a,s, opposed, and Lord ' John Russell, who was
then Secretary of State for the Home, Department, said.
that liowever .the provisions 'of the act might be, he
would always act in conformity with the recommenda-
tion of the different Town Councils, and that he hoped
all future'Secretaries _would do so too. (Hear, hear.)
Mi. WOODRUFF said he thought the Crimea Should
first determine whether there should be appointed one or.
two 'paid Police-magistrates.
The TOWN-CLERK read a letter from Mr. Mansfield
resigning his office of police magistrate at Liverpool.
The MAyon said the letter would be recorded. •
The TOWN-CLERK having read the resolutions that
were passed on the'Occasion of the last vacancy,
Mr: Alderman STEWART moved that, in the opinion
-of the Council, one stipendiary magistrate was neces-
sary to carry on the public business of the town. (Hear,
bear.) _ .
Alderman Flame seconded the motion.
Mr. GLADSTONE said, in moving that resolution, he
presumed Alderman Stewart did not intend to, close the,
door on any future discussion as to the principle involved
becauie a variety of circumstances might render it desira-
ble that there should be a second appointment made. Mr.
Stewart was aware of what took'place m rem'ar-d.to the Law.
Society ; and certainly it would seem tohim unwise in
the Council now to propose that there should not be a
second appointment. If in this much-talked-of Reform -
Bill there should be a division-of the borough, it would
probably be convenient that with that division of the
town' there should be a division of mag,isterial duties,
and that, under such circumstances, a second appoint-
ment Might be deemed very desirable. He only rose to
make these remarks so that certain .things which had
taken place recently might not be obliterated, because
certain reasons were adduced on a previous occasion
which, to his mind, made hini think - that a second
stipendiary might be necessary: He hoped Alderman
Stewart did. not mean to shelve the question entirely,
because that would scarcely be an act of j.ustice to the
gentlemen of the LaW; Society, to whose views, like all
other members of the Community, the -Council were
bound.
,to listen, because they had a perfect right to
express an opinion and communicate it to the Town
Council.
Alderman STEwART did not think the resolution he
had moved would interfere with a future discussion on
the proposal of the Law Society., His own impression.
was, that the understanding of the Council on a previous
occasion was that the new stipendiary should be tried,
and that if the work could not be satisfactorilydone by
him,"th-en a second appointment 'might- become neces-
saryM.
r: GLADSTONE—Hear, hear. Precisely' .

Alderman STEWART said he had been asked to move
the next _resolution, and ho confessed he felt great
difficulty about it, for he thought it was somewhat like
legislating in the dark. However, he thought the
safest course would be, as they did not know who would
be appointed, to move a minimum salary of £l,OOO per
annum. At the same time, if they succeeded in getting
a first-rate man, he should
,he happy to vote for an
increase on that salary. (Hear, hear.)
Alderman HoL3rE seconded the resolution, which was
unaniroowily-agreed.to-; -and a--resolution- was adopted,
praying her Majesty to take the necessary steps in ap-
pointing a salaned police magistrate for the borough.
Applications for the vacant office, addressed to the
Mayor, were here read from Mr. Thomas Stamford
Raffles, Mr. C. J. Preston, Mr. T. E. P. Lefroy, and Mr.
John Hossack.

Alderman HOLME said that, although strictly speaking
the Council had simply to pass the resolution and fix the
salary, they bad deemed it right on previous occasions
to send a recommendation to the Home-office, asking
them to appoint the gentlemen whom the council
considered fit and proper. He therefore took
the liberty of introducing the name of a gentle-
man who was well known and respected, who was
a native of the town, and who possessed, by the
testimony of those most capable of judging, peculiar
qualifications for the important office. He would show
the Council that, amongst others, comprising statesmen
and barristers, bearing testimony to Mr. Raffles' capacity,
he enjoyed the confidence of those shrewd and compe-
tent judges, the solicitors of Liverpool, who had recently
so laudably manifested their anxiety as to the admistra-
tion of justice. On a former occasion they passed over
the banisters of Liverpool and went to the metropolis,
in search of a stipendiary magistrate ; and there were
many persons who contended that it was advisable that
they should have a. gentleman who possessed
no local prejudices or 'partialities, but that it
would be advisable to have a stranger who would be in-
dependent of all local influences. If, indeed, they were
in the melancholy position in Liverpool of having a bar
devoid of independence, and devoid of legal talent, there
might be soma force in the objection. That, however,
was not his experience, or the experience of any of the
members of the Council; and even if .a stranger were
appointed, he would not long be a resident before he
would have his predilections and prejudices. He, for
one, would not ignore the value of local knowledge, for
he spoke from experience when he said that in the ad-
ministration of justice, and more particularly in
reference to the various local acts which came before
the magistrates here, a knowledge of Liverpool
and its localities was essentially neces,sary, and materially
facilitated, any magistrate in the discharge of his duties.
He thought it was the vast local knowledge of that late
eminent man, Mr. Rushton, combined with other quali-
fications, which rendered him so valuable a magistrate
to this town. The gentleman whom he (Alderman
Holme) had now the honour to propose was Mr. Raffles.
(Hear, hear.) Although he had enjoyed his friendship
many years, and could bear testimony to his excellent
character, classical attainments, and general mildness
of disposition, he would call better witnesses than
himself to speak of that gentleman's legal attain-
ments and peculiar talent for the office of stipendiary
magistrate. Mr. Raffles was called to the bar
in 1841, and with the exception of Mr. Aspinall,
who was, he believed, called on the same day, Mr.
Raffles was now the senior practitioner at the local bar
of Liverpool. During that period he had attended the
aisizes of the northern circuit, and the sessions in Liver-

ppol and other places, and, consequently, was familiar
with everything contipeled .ivith the town of:Live4°ol:
A few years.ago wa,s appointed by the :Government
to succeed the late Mr. 'enables as counsel to the Mint,

at the borough sessions ; and lasi year his ability was
still further recognised by the Chancellor 'of the Duchy
of Lancaster having appointed hint to the Court of
Record of the borough of Salford, which was analogous
to our Court of Passage. The late Mr. Pollock-1w

mean tidge—and Mr. iilair, present judge of the County
Court, almost invariably had selected Mr. Raffles to sit
as their deputy during their absence ; and the Recorder
of Liverpool +had named him to;Government as one of
three who .were specially fitted to occupy the position of
Deputy Recorder. At the time of his appointment to.
the Salford Court of Record, a number of testimonials
Were sent in ; and he (Alderman Holme) would take
the liberty of reading some Of them. ("Alderman Holme,
then read high testimonials in favoin: of Mr. Raffles,
from the Right Hon. E. Cardwell, Mr... Montt, .Q.C.,
Mr. Harding, county Court Judge, ,the late , Mr.
Pollock; Mr. M. T. Baines, and a number of
the attornies arid' solicitors of Liverpool, including
'Mr. •J. B. Lloyd; Mr. Avison, and others. Now
he candidly' acknowledged that. in selecting men
for situations of trust, he had invariably had confidence
in those who had fulfilled the.sdomestio relations and
obligations- of life with fidelity and integrity. Such :was
Mr. Raffles ; and he therefore presented his claims
.to
the Connell in the full belief that they would'be recog-
nised, and that the Council, as an act of justice to itself
and. the community, would recommend Mr. Raffles to
the office of. stipendiary magistrate. He would not con-.
teal frOm himself .or the
.Council: that such a•miu.k.of
apprOval and confidence towards Mr. T. S.. Raffles would-
, delight the'heart of his excellent, consistent, and vener-
able parent, who had labolired' in his high and holy
vocation in this town for halfla century. - (Hear, hear:).
Mr. PICTON said it gave him- great pleasure to second
the nomination of Mr. Raffles. He believed they would
have in Mr. Raffles a specimen of Sound law, practical
good sense, and earnest attention to the duties cehis
office.

Alderman STEwAnT did not rise for the purpose of
offering Any opposition -to the gentleman named, whom
he persoally knew and highly respected; but he wished
to draw the attention of the Council to ,the mode of

proceeding which.it had adopted, but which he did not
think the proper course. Before proceeding to the
nomination, the Council should have discussed the pro-
priety of making any nomination at all. (Hear, hear.)
The appointment wasavith the Secretary of State. So
far as he understood, the Council had only heard the
names'Of four. candidates, but, he was told, the appli-
cants for the appointment numbered considerably more
than 100. N ow, he would ask whether it was quite
wise and prudent on the part of this Council to ignore
altogether the existence of those applications, and to
proceed at once to judge merely upon three or four names
which had been brought before them, knowing nothing
at all of the merits` or demerits of the other applicants.
He thought it would have been more consistent with the
dignity of the Council to pass the resolution desiring,
the appointment and,fixing the salary, to send that up
to the proper quarter, and then wait to see whether the
Secretary of State would ask them to recommend any
one.
Mr. HODSON approved of the views of Mr. Stewart,
and stated that he felt the greatest difficulty in arriving
at a proper conclusion in- the present position of the
question. • •
Mr. EARLE said he would have been glad if Mr.
Stewart's observations had been made in the first
instance ; but Mr. Holme was too eager to propose his
candidate, to allow of that. ' Now, he (Mr. Earle)) was
asked, on coming into the room, to propose a gentleman
for the office ;Nand, in. doing so, he' would not say 'one
word in disparagement of. Mr. Raffles. He begged to
nominate Mr. Preston. He (Mr. Earle) did not wish
to make any invidious distinctions. Mr. Preston had
been long at the bar, and a member of Downing
College at Cambridge ; and he had also served
the office ,here several times under Mr. Mansfield,
and with great satisfaction to the public. If he
might go into pedigree, Mr. Preston was a nephew of
the late Mr. Rushton ; and if he inherited the good
qualities of his uncle, he would be an invaluable
stipendiary magistrate. He (Mr. Earle) could only say
ditto for Mr. Preston to everything which Mr. Holme
had said in reference to Mr. Raffles. (Hear, hear, and
laughter.).
Alderman GARDNER had great pleasure in seconding
the nomination: of Mr. Preston. He spoke in high
terms of Mr. Preston's qualifications, and expressed his
opinion that in two or three years a second stipendiary
magistrate would have to be appointed in Liverpool.
Mr. STRAINS thought, if the Council carried out the
views of Mr. .Stewart, it would be abrogating its.
patronage. (Hear, hear.) The custom of nominating
the magistrate was established by three precedents—
that of Mr, Hall, that of Mr. Rushton, and that of Mr.
Mansfield. He should vote in favour of Mr. Raffles.
The MAYOR—Had we not better discuss as to
whether we, will make a recommendation or not.
Alderman J. B. LLOYD said he certainly thought they
were somewhat in the dark as to who the candidates
were. The application for the office was direct to the
Home. Secretary, but only four gentlemen had submitted
their names to the Council. Those four gentlemen
were all gentlemen of the northern circuit, and he
believed of our sessions. bar. Mr. Holme had told them
that, on the last occasion. they went to London for a
stipendiary. • The: 'fact was, they went to the northern
• circuit for a stipendiary, and found Mr. Mansfield, who
was also a member of our sessions bar. As on this occa-
sion, there was some little local difficulty between the
two gentleman named, he would take the opportunity of
reading some of the testimonials of Mr. Lefroy and Mr.
Hossack, and then he would move that an application
he made to the Home Office as to who the candidates
are, before they decided upon recommending any par-
ticular one. [Alderman Lloyd then read high testimo-
nials in favour of Mr. Lefroy, from Baron Watson, Mr.
Stewart Wortley, and Mr. Atherton, the present
Solicitor-General ; and in favour of Mr. Hossack, a
letter from Sir Fitzroy Kelly, and another from -Mr.
Mansfield] _He did not wish to propose either of these
_gentlemen, though their testimonials were good : but he
would move that the Council should respectfully ask the
Secretary of State to transmit to them the'names of the
applicants for the office, and he hoped ' the COuncil
would agree to postponement of the appointment till
they had thus considered the subject. (Hear, hear.)
Alderman BENNETT; in seconding Alderman Lloyd's
amendment, said it was not at all likely that the Secretary
of State would name any one who would be unsatis-
factory to the town of Liverpool. -
At the request of Mr. Avison, the Town-Clerk read a
letter from Sir George Grey, on the occasion of Mr.
Mansfield's appointmnt, in which the Home Secretary
stated that it must be distinctly understood that the
Town Council could claim no right•in the selection of the
stipendiary, whose appointment was by law exclusively
vested in her Majesty.
Mr. AvisoN felt a strong opinion on this Question.
He thought if the Council adopted the course suggested
by Mr. Stewart; they would be departing from their duty
to those who might come after them. (Hear, hear.)
They must proceed with the nomination ; and without
meaning any disparagement of Mr. Preston, his own
predilections were in favour of Mr. Raffles.
Mr. JEFFERY hoped the Council would pause before
passing Mr. Lloyd's amendment. .He for one would not
shrink from the responsibility; and he would not ignore
the duties which he felt to be incumbent on the Council,
by refusing to nominate on the present occasion a gen-
tleman for appointment to the vacant office.
Mr. GLADSTONE regretted that Mr. Stewart did not
favour the Council with his views at an earlier period ;
and as they must proceed with the nomination, he must
state that, after mature reflection, his feeling was to vote
in favour of Mr. Preston.
Alderman Lloyd's amendment was then put, and
negatived by thirty-nine to sixteen. The following was
the voting :
. For—Councillors William Barton, Samuel R. Graves,
Robert Hutchison William Earle, T. Llewellyn Hod-
son, James Robertson, J. Gibbons Livingston • Alder-
.men John Buck Lloyd, William Bennett, Vm. Preston,
Thomas Bold, .George H. Horsfall, Joseph Cooper,
Richard C. Gardner, J. Briainley-Moore, John Stewart.
Against—Councillors John Johnson Stitt, Jas. Crel-
lin, Richard Sheil, Clarke. Aspinall, C. I. Corbally,
Roger Haydock, John Shimmin, Oliver Holden, Thos.
Littledale, Charles Turner, Edward Estill, Thos. Avison,
James Steains, Charles T. Bowring, Henry C. Beloe,
Thomas Ridley, W. P. Jeffreys, Thomas Wagstaff, John
Rogers, John Hays Wilson, Charles Mozley, Thomas
Bulley Job, James Aspinall Tobin, Robertson Gladstone,
James Johnson, James A. Picton, James R. Jeffery,
Joseph Kitchen, George Nickson, R. M. Beckwith,
Francis A. Clint, John Farnworth, J. W. Cropper ;
Aldermen James Parker, Thomas Robinson, John Wood-
ruff, Raymond W. Houghton, Samuel Holme ; and the
Mayor.
Alderman GARDNER begged to move, as an amend-
ment, that the Council submit to the Secretary of State

the. four names which had been brought before them—
Messrs. Preston, Raffles, - "Lefroy, and Hesseek.
(Laughter.) He thought it was only coUrtesy, common
sense,: and justice to do so.
The amendment; not meeting with a seconder, fell to
the ground.' - •
Mr. ESTILL believed that both' the gentlemen now
proposed were eminently qualified for the office ; and be
suggested that the names of Mr. -Preston and -Mr. Raffle*.
be submitted to the Home Secretary. (" No, no.')
The Council then proceeded -to -the vote, and the
result was that Mr. Raffles received 38 votes, and Mr:
Preston 15. The following is a list of the voting :—'
For Mr. Rees :—Councillors John Johnson Stitt,
Richard Sheil, Clarke' Aspinall, C. J. Corbally, John
Shimmin, Thomas Littledale, Charles Turner, Edward
Estill, Thomas Avisen, James Steam,' Charles T. Bow-
ring, Henry. Christie Beloe, Samuel R. Graves, W. P.
Jeffreys, Thomas Wagstaff, John Rogerq, John Hays
Wilson, Charles Motley, Thomas' Bulley Job, James
Aspinall -Tobin, Robert Hutchison; James A. Picton,
James R. Jeffery, Joseph Kitchen, George Nickson;
Francis A. Clint, John Farnworth, .James Robertson,
J. W. Cropper. Aldermen Thomas Bold, George H.
Horsiall, Thomas Robinson, J. Bramley-Moore, John
-Woodruff, Raymond; W. Houghton, • John Stewart,
Samuel-Holme, and The Mayor. •

, For. Mr. Preston':—Coun'cillors James erellk, Roger
Haydock, William Barton; Oliver- Holden, Thomas
Ridley; Robertson Gladstone, Williath Earle., James
Johnson' R. M. Beckivith. Aldermen John, Buck
Lloyd, William Bennett, William Preston; James
Parker, Joseph Cooper, Richard C. Gardner.

The Council was then constituted an adjjorned
Monthly and Special Council for the business remaining
undisposed of at the meeting held on Wednesday, the,
4th instant.