Northern Times.
Liverpool, Merseyside, England, 1859-11-28 00:00:00

32, WHITECHAI'EL, LIVRPOOL ;

AND
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Picture, by E. M. WARD, R.A., - - -
THE ROYAL FAMILY OF FIUNCE IN THE PRISON OF
' THE TESIPLE; •
• Two Pictures by JOHN PHILIP, R.A.,
LIFE AT SEVILLE;

lAD .
•T HE TIUGUENOT, MAIDENS,
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Empress of the FrenCh.

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-LIVERPOOL.
•
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_

•

LIVERPOOL LAW SOCIETY.

LIVEOPOOL, SEPTEMBER BTH, 1859,

Stx,—l am requested by the Liverpool Law Society, of which
I am president, to bring under sour notice a- matter which
affects the administration of justice in this town. By*the 98th
section of the Municipal Reform Act, het- Majesty is em-
powered "to assign to so many persons as she shall think
proper,
_her Majesty's commission to-act as- Justices-of- the-
Peace in and for each Borough, provided, nevertheless, that
every person so to be assigned shall reside within the borough
for which he shall be so assigned, or within seven miles of such
borough, or some part thereof, during melt time as he shall
act as a Justice of the Peace in and for such -borough." Some
years ago her Majesty was pleased to appoint as _jestices_for •
the borough of Liverpool two gentlemen, Mr. John Crosthwaite
nnd .I.fr Will in nn TA-1 vnts hnth of at titnn of their
appointment, resided within seven miles of the ,borough. For
several years past, however, these gentlemen have resided at
Southport, a place about twenty miles distant. from Liverpool.
Both these gentlemen are merchants, and have offices
-within the borough, which they occupy almost daily for busi-
ness purposes; and they severally discharge a very Consider
able share of magisterial duties.

An objection has been publicly taken to these gentlemen's
qualification to act as justices whilst they reside more than
seven miles from the borsugh, but the gentlemen themselves
are of opinion that they are not disqualified. The importance
of the matter is self-evident, and I am therefore instructed by
the society to request that you will take the opinion of the law
officers of the crown, whether these two gentlemen are quali-
fied to act or not.
The cases to which the society wish to direct the attention
of the law officers are Attenborough v. Thompson, 27 Law.
Jour. E.K. 23; Blackwell e. Englrind, 27, Law. Jour. Q. 8.,
124 ; Lambe r. Smyth, 15, Mee and W., 433; I.Vhithoni v.
Thomas, 7, Man and Granger, 1, and the cases:therein referred
to.—l have the honour to be, sir, your °Vedic:it humble ~,r-vant,
vant, HENRY' BELL.
To the Right Hon. Sir G. C. Lewis, Bart.,
Her Majesty's Secretary for the Home Department.

Whitehall, 113th September, 1859.
Sin,—l am directed by Secretary Sir George Lewis to ac,-
knowledge tke receipt of your letter of the Bth inst., re4uest-
ing, on the part of the Liverpool Law Society, that the opinion
of the law officers of the crow.i may be taken as to the qualifi-
cation or disqualification to act as justices for Liverpool of two
gentlemen, upon the ground that they now reside more than
seven miles from the borough, though they carry on business
there, and occupy offices, &c., at Which they are in censtaiit
attendance.

The construction put upon the word residenee,in a statute
varies according to the object with which the act was framed.
The services of a magistrate are required in the day time, and
not at night, and the residence of these gentlemen appears to
Sir George Lewis to be exactly of the nature best adapted to
the duties which are required of them.
It does. not seem to him, therefore, that there is dciuht
enough as to the qualification of these magistrates to justify a
reference to the Law Officers on the question.---I am, sir, your
obedient servant, • :H. WADDINGTON.
Henry Bell, Esq.; President of the Law Society,
Liverpool.

Liverpool Law Society, Sept. 21, 1859.
Sir,—l have laid before .the Committee of tha Law Society
your letter of the 16th instant, in Which you state that the
construction put upon the word RESID_ENTE, in a statute, varies
according to the object with which the act was framed ; that
the services of a magistrate are required in the day time, and
not at night; that the residence of the gentleman- referred to
appears to Sir George Lewis to be exactly, of the nature hest
adapted to the duties which are required-orPthem ; and that it
does dot seem to him, therefore, that there is doubt enough as
to qualification to justify a reference to,the Law Officers on
the question.
I am requested by the society respectfully to state that, pre-
viously to writing to the Home Secretary, the committee had
considered the Municipal Act and the general-law en the sub-
ject, and had arrived at a conclusion directly opposite to that
stated in your reply.
The committee consider the duties of the justiaes inay-fre--
quently be required at night, as well as by day, and that it is
the intention of the Municipal Reform Act that justices, whilst
acting, should be resident within the limits prescribed. .
The matter is one of considerablefpublic importance affecting.
the administration of justice, and the committee trust that her
Majesty's Secretary of State for the Home Department willnot
deem tnem importunate in pressing for the opinion of the Law
Officers of the Crown.---I have the honour to be, sir, your obe-
Cent and faithful servant, HENRY BELL.
11. Waddington, Esq.

. Liverpool Law Sooiety, 18th Nov., 1859.
8,119—1 am requested by the Committee .tf the Liverpool Law
Society- to make a respectful request that a reply ijoay be'given
to the letter of the late president, under date of the 20th Sep-
tember last.—rhave the honour to be; sir, your Most obedient
and faithful servant, THOMAS DODGE, President.
The Right Hon. S;_r George C. Lewis,•Burt., - -
Her Maje3ty's Principal Secretary of State -
for the Home Department.

Whitehall, 19th NovinhA 10
59.
am directed by Seeretvy Sir Lewis
that, in consequence of the wish expressed in y%,u;rtnii_You
the 21st Sept. last, a case has been laid before the Lavedar °,„,1
of the Crown, for their opinion as to th:: meaning of the word
"res:dence," in section 98 of the Municipal Corporation Act
sth and 6th W. IV. c. 76, and_that the Law Officers are of
opinion that the occupation of counting-houses, &c., in Liver-
pool (in the manner stated in your letter of the Bth,September)
by Mr. Crosthwaite and Mr. Dixon, is not such a residence as
the statute contemplated on the part of Justices of the Peace
appointed fof the Boroughs named in .schedules A and B
annexed to the statute. —I am, sir, your obedient servant,
• GEOLGE CLIVE.
Henry/Bell, Bsq., President of the Liverpool
Law society, Liverpool.

•
- • TO PARTIES IN DEBT AND DIFFICULTIES.
R. HOLLA v D informs the above that he still
• continues to effect ARRANGEMENTS with CREDI-
'
OR so far as to prevent applying to the Bankruptcy
Kn. Insolvency Courts. His long practical' experience is
the best proof. Bankrupts' and Insolvents' Balance Sheets
prepared, and a qualified and talented advocate engaged to
carry the case through.—Apply at the offices, Brunswick-
chambers, 17, Hanover-street, Liverpsol. (Established 1845. )-
d 15