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

TEE METROPOLIS ACT.

The following important decision has been given
b. y the Attorney-General. It will be seen that he
is opposed entirely to the construction lately put
upon the Gth 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, I,nd
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
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 uncler section 35, is con-
fined to vestrymen whether other than vestrymen can
be elected on such casual vacanci'ts.
" Oct. 29. E. COCKBURN."

" FURTHER OPINION OF THE SOLIOITOR-GENERAL AS TO
THE CONSTRUCTION OF THE 6TiL 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 Managernient Act, still appears
to me to be the natural meaning of the words employed,
and the proper inference resultinf ;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 so me house or tenements
within the parish. In that cas e the concluding words
ought to have been omitted, and I;he section should have
been thus worded, unless ho b e rated or assessed as
aforesaid, and be also the occupie r of some house, lands,
or tenements within such parish.
"My opiii m 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 lang cage of the
two acts is different ; but I think it reasonable to expect
that it would be fillowed by the judges in con strnin,, tht
Metropolis Act, and I k honk' recommend tin It it be ac-
cepted
as furnishing the proper rule for the i. riterpreta •
Lion of the 6th section. " RICHARD BA TLIELL.
" Lincoln's-inn, Nov. 5."

Among the last arrivals at Malta from Constaa itinople
is General Beatson, who intends passing the w:mter in
the island with his family.
The Right Hon. B. Disraeli, and Mrs. Disvaeli,
are now on a visit- to Mr. Gore Langt on, M.P., and
La ly Anna Gore Langton, at their sf at, Haehe-p. irk,
near Taunton.