Star.
London, England, 1829-03-26 00:00:00

4

office to undertake it. There should be some adequate
. ' test of the fitness of candidates for the Magisterial chair
before they were allowed to sit in it. He did not think
stoney the very best qualification, end was if opinion
that the simple fact of a man posse-sing 30131. m even
30,0001. a year, afforded no pledge of .bitcapabHity 'as
a Justice or, silo Peace. The Right HA. Gentleman
was not adopting the best mode of having public busi-
ness Fdsfotrned. He knew many men of a huared a
year infinitely better able to perform the duties of a
fiLigistiate than many foils who had ten or twenty
thousand per annum—(A laugh). The lion. Member
next proceeded to suggest the propriety of introducing
a clause into the Bill to prevent Clergymen from be-
coming Jiistices of the Peace, except in cases where
other individuals capable of performing the duties of
the office could not be found. There were some coun
ties in which there were few of the Justices who wale
n't Clergymen; others, he admitted, where Clerical
Magistrates were not so numerous, but he believed the
number of those shires to be very small in which the
clerical did not predominate, either in the Magis-
terial list or in regular attendance on the bench,
over the lay Justices, who were generally outvoted
by their more sacred brethren. He was opposed
to Clergymen being appointed Magistrates on several
grounds; but it might be sufficient to say their attention
ought not to be diverted from the sacred duties of their
office by secular employments. In saying this, he was
aware he should be met, as upon former occasions, by
the assettion that justice could not be administered in
many places except Churchmen were allowed to per-
form the dn:ies of Magistrates. Them might, perhaps,
be a few instances in which such would be the case, but
he held those as the
.exceptions to the general rule.
' What he maintained was this. Vim on no occasion, ex-
' cept there existed ant absolute necessity for so doing,
should the names of Clergymen be put on the BA of
Magistrates. He disclaimed any intention to attack
the characters of Clergyn.en; but he had always held
the durics if the stations to be incompatible. He could
have wished that the Right Honourable Secretary bad
brought forward a more effectual measure than tint
up' eared to be f r controrilling the jurisdiction of Ma-
gi times, aimed as they were with a terrible power,
«loch had been increased in an immense degree during
• the list thirty years. The exercise of such an authority
required more caution; temper, and knowledge, than
were u wally displayed by its possessors. He thought
the Right Honourable Gentleman did not go far
enough—that he had not adopted a proper plan to
meet the exigencies and remedy the evils of the case,
and secw e to the public a better and mere effectual
.administratinn of justice on the part of persons intrusted
with the office of Justice of the Peace.
Mr. HOULDSWOR was of opinion that lawyers
did not always make the best Magistrates, and dissented
• from the opi..ion of the Hon. Member for Aberdeen, as
to the unfitness of Chrgymen to perform the duties of
Justices of the Peace. With regard to summonses, the
hearing a f a cave ought not to be confined to Magis-
trate, who had issued them, as appeared to be the in-
ation o f the Right lion. Secretary. What was to be
done in the event of a Magistrate who had issued a
gnomons for the hearing of a case being taken sud-
denly ill? Was the case (which might be of an urgent
nature) to stabd over an that account ?
Mr. PEEL said, the Hon. Member had entirely mis-
uniteiitood him. tie did not mean to say that any but
tire 31.,ristiale •ho had summoned a party before bim
• should be ditqualtfied to bear the case. What he in-
te.:ded to cinisey was, that a Magistrate should not be
able to compel parties to attend, except he bad pre.
• onsly heard a statement of the complaint making out
the necessity of instituting an inquiry.
Mr. BRIGHT, after complimenting the Right Hon.
Sccietaiy on the manner in which lie had taken up the
subject, suggested *lath. r it might not be better to
refer the wh le law to a Committee to inquire and te•
port therm,' n. •
In answer to a repetition of Mr. liotuartworru's abjection with
regard to the issuing set sionnsonees, nude by Mr. Lorr,•
Mr. PEEL said. his objection was, to prevent per.
sons from.being compelled to appear before any Justice
of the Peace till the Magistrate should have first beard
the natu e tf the complaint; the Magistrate was to sa-
tisfy himself by hearing the charge whether it was ne-
cessaLy to institute any further inquiry.
Mr. E. DAVENPORT thought it might be desir-
able, t any obligation were imposed by the Bill, making
it necessary for ail persons, previously to their first act-
ing as Magistratehto attend a certain number of times,
and on certain occasions, at the Sessions, in order to
learn their duty. His object in making this proposition
was, to prevent persons utterly ignorers, of the law and
their tb,ties as Justices of the Peace, from filling the
Magisterial chair. There could be no harm in adopt-
ing this proposal. It was of great importance that, by
the Bill before the House, the duties of Magistra:ss
should nir only be defined accurately, but detailed mi-
nutely, and strongly enforced ; especially as * great
part of the hiagistegial authority was at prevent (there-
on:wry.
Mr. GORDON ridicteed the idea of having a Board
or Commission appointed to examine young Magis-
trate., as appeared to he contemplated by the Hon.
Ms mber who spoke last in the plan which be had pro
posed. With respect to the Clergy, great difficultiei
must arise to many places—Dorsetshire for institute—
it the clergy were excluded from the Magistracy. He
referred to the Gentlemen of the county in question,
who he was sure would bear him out in saying, that in
consequence of the number of absentee proprietors,
there would be the greatest difficulty in obtaining a fs-
ciew Magistrates bur for the clergy, who, he might
add, were examples of industry and attention to the lay
Magistrates. No one could be ao fit a judge as tit,
Lord Lieutenant of each county, of the degree of ne-
cessity that existed for the appointment of clerical Ma-
gistrates.
Mr. EDWARD DAVENPORT did not say it was
necessary for candidnes for the Magistracy to undergo
an examination before any Board or Commissino. What
he said was, that they ought to attends certain number
of timesnt the Sessions to limn their duty.
Mr. BYNG asked the Right Hon. Sectetary the na-
ture of the property that was to &tee mime the qualifi-
cation and eligibility of persona for the office of Ma•l
gistrates.
Mr. Secretary PEEL replied, freehold, copybold, or

custr.mary remit e.
!Mr. JANCr could only say, with regard to the Clergy,
he had never found 'bras anxious to put themselves
tt•r ward to obtain the office. or act io the capacity of
Magistrates. They generally did so to oblige their
•;pe,Khbours.. He bad no hesitation in espressiug his
<Tullis's as to the propriety ut Clergymen being admit..
sible as Justices of Peace.
Ms :firctetary PEEL submitted. that thequalification
pi property was the best test that coulJ be invited under
esi•ttag circumstances, with respect to hi react ales. He
took the test as he fr and it estanlislied, and thought it
might be difficult to find a better. The poser of ap
Asurnsing Magutrirtes uor rested iotbe ;ford Chancellor,