§ THE EARL OF ROMNEYsaid, he rose, according to notice, to call attention to the State of the Law with regard to the Removal of Clerks of the Peace from their Office; and to ask Whether Her Majesty's Government will consider the subject with the view of amending the Law in this respect? It was the duty of a clerk of the peace to make out jury lists, and also lists of persons claiming to appear on the register of voters. He held his office for life, during good behaviour; and he was removeable by the justices in sessions, on information, for misconduct in his office. In some cases it had been said that ho might be removed if he had been guilty of any disgraceful offence; but generally it was for misconduct in his office alone that he was removed. These officers were often solicitors, and might in that capacity act as trustees; yet, if a clerk of the peace rendered himself liable to a prosecution, under the Fraudulent Trustees Act, the injured parties might not be induced to proceed against him, from a belief that there would be more chance of getting back their money if he were not removed from his office. When persons in humble life were committed to prison for stealing sums of two or three shillings from their employers, he thought it was a scandal to the law that any one holding this office 709 should not be made amenable for offences of a much more serious nature of which he might be guilty.
THE LORD CHANCELLORsaid, that the subject was a very difficult one to deal with. A clerk of the peace held his office quam diu bene se gesserit—that was practically for life—being only liable to removal by the justices if he "misdemeaned" himself in the execution of his duty. His whole life might be a scandal to the administration of justice; but he could not be removed from his office unless his misconduct was directly connected with the discharge of his duties as clerk of the peace. It was, no doubt, very objectionable that this should be the case; but, on the other hand, it was very difficult to confer upon the justices a discretionary power of removal. He would, however, consult with the Secretary of State for the Home Department, and see if any alteration in the law could be suggested.
§ LORD CRANWORTHsaid, he thought that if clerks of the peace were convicted of felony, or other offences, there could be no difficulty in saying that then they should be removable as of course. It had been suggested, and the point might be worth considering, that, as the Judges were removable by the Crown, upon an Address voted by both Houses, so something in the nature of an address from the Court of Quarter Sessions to the Lord Chancellor should give him jurisdiction.
§ House adjourned at a quarter before Six o'clock, till to-morrow, half-past Ten o'clock.