§ Mr. Estcourtrose to ask a question of the noble Lord opposite (the Secretary of State for the Home Department). He felt particularly called upon to put this question, in consequence of his having filled the Chair of the Committee appointed some years ago to consider the state of the police of the metropolis. That Committee, after a most attentive consideration of the matters referred to them, had recommended that no persons should be chosen to fill the office of a Police Magistrate unless he had been bred to the bar. That recommendation had been acted upon ever since; indeed, from the time of its introduction by his noble Friend (Lord Sidmouth), it had not been departed from. A few days ago, however, he learned that the noble Lord had appointed a gentleman to be a Police Magistrate, who did not belong to the bar. He wished to know if the fact were so, and why the noble Lord had departed from the invariable practice of the Home-office in making such appointments?
§ Lord John Russellsaid, it was quite true that an appointment had been made of a gentleman to fill the office of Police Magistrate. It was also true, that that 295 gentleman had not been bred to the bar. It likewise was true, that he (Lord John Russell) had not referred to the Report of the Committee on the subject, nor in this instance allowed his mind to be influenced by the considerations which usually, in such cases, had decided appointments of that nature. He acknowledged the practice, and he acknowledged that generally it ought to be followed, but exceptions would occasionally arise which might render a departure from that practice advisable. When Mr. Codd applied to him for the appointment, he objected, on the ground that that gentleman had not had the advantage of a legal education, upon which Mr. Codd sent him many recommendations, and referred him especially to Mr. Senior, and Mr. Stephen, of the Colonial-office, from whom, as well as from others, he received the strongest assurances that Mr. Codd was eminently qualified for the office, and amongst his qualifications, it was mentioned that he had had great experience as a magistrate at Kensington. He (Lord J. Russell) asked for a return of the cases at which Mr. Codd had presided; they were examined by the Under Secretary, whose report upon them was highly satisfactory. He thought these constituted a sufficient ground for departing from the usual practice. The cases which Mr. Codd tried were exactly similar to those tried at police-offices in the metropolis, and he thought that a uniform observance of the rule would be highly inexpedient.
§ Mr. Estcourtwished to know, whether it was the intention of the noble Lord to continue the practice of his predecessors?
§ Lord John Russellsaid, he thought that a general adherence to the practice would be desirable, but as he had already said, there ought to be occasional deviations. Was the hon. Member aware of the thousands of persons who were transported by gentlemen who had not been bred to the bar?
§ Subject dropped.