The Sun.
London, England, 1855-11-10 00:00:00

TEE METROPOLIS ACT.

The following important decision has been given
by the Attorney-General. It will be seen that he
is opposed entirely to the construction lately put
upon the 6th section of the act by the Solicitor-
General, and that the Solicitor-General has with-
drawn his opinion.
The law, therefore, is clear upon the point as set
forth in the letter which was addressed. by Sir
Benjamin Hall to one of his constituents, qnd
which was published in our columns :
" I concur in the opinion given by the Solicit— r.
General in my absence from town, and of which a copy
has been furnished to me, with the following excep-
tions
4' In regard to question 4, the decision of the Court o
Queen's Bench in the case of ' Rex v. the Churchwardens
of S. Pancras' (1, Ad. and El:is), upon an act similarly
worded, appears to me immediately applicable, and to be
conclusive that where a person is rated for a house in his
own occupation, and also for houses compounded for, his
qualification may be established by adding the amount of
the assessments in respect of the latter.
" With reference to question 12, I am of opinion that
by the operation of the Hackney Local Act, the land.
lord is to be considered the occupier under the circum-
stances stated in the question.
" With reference to questions 7 and 8, as to the sup.
plemental election of vestrymen on casual vacancies
under sections 36 and 37, I entertain considerable doubt,
seeing that the eligibility to the office on the regular
periodical vacancies, arising under section 35, is con-
fined to vestrymen whether other than vestrymen can
be elected on such casual vacancies.
" Oct. 20. "A. E. COCKBURN."

" FURTHER OPINION OF THE SOLICITOR-GENERAL AS TO
THE CONSTRUCTION OF THE 6TH SECTION OF THE ME-
TROPOLIS LOCAL MANAGEMENT ACT.
" The construction which, in my former opinion
(dated the 15th of October), I put upon the 6th section
of the Metropolis Local Management Act, still appears
to me to be the natural meaning of the words employed,
and the proper inference resulting from their collocation.
" The difficulty arises from the concluding words,
`and be rated and assessed as aforesaid upon such rental
as aforesaid within such parish,' which words were un-
necessary if the intention of the framer of the act was
to make the qualification consist of two distinct ele-
ments—viz., the being rated upon a certain rental, and
the being also the occupier of some house or tenements
within the parish. In that case the concluding words
ought to have been omitted, and the section should have
been thus worded, unless he be rated or assessed as
aforesaid, and be also the occupier of some house, lands,
or tenements within such parish.'
" My opinion was written in the country upon a case
making no mention whatever of the decision in The
King v. the Churchwardens of St. Pancras' (1, Ad. and
Ellis, 80), or containing any information beyond a state-
ment of the sections of° the act, and the numerous ques-
tions which had arisen upon it.
"That opinion was given immediately in compliance
with urgent entreaty, and was founded upon what ap-
pears to me to be the natural reading of the act of Par-
liament.
"Upon considering the case of the The King v. St,
Pancras,' I think that the words of the 6th section of
the Metropolitan Act will admit of the construction
which was there put on a similar -expression contained
in 'section 26 of the Ist and 2d of William IV., chap. 60.
"And, having regard to the consequences of a dif-
ferent reading, I quite admit that the construction
adopted by the judges in that case is the more desirable
and beneficial construction.
" Strictly speaking, that case is no authority conclud-
ing the present question, because the language of the
two acts is different ; but I think it reasonable to expect
' that it would be followed by the judges in construing the
Metropolis Act, and I should recommend that it be a
cepted as furnishing the proper rule for the interpreta-
tione-
of the 6th section. . "RICHARD BETHELL.
" Lincoln's-inn, NOV. 5."

Among the last arrivals at Malta-from Constantinople
is General Beatson, who intends passing the winter in
the island with his family.
The Right Hon. B. Disraeli, M.P., and Mrs. Disraeli,
are now on a visit to Mr. Gore Langton, M.P., and
Lady Anna Gore Langton, at their seat, Hache-park,
near Taunton.