COMMISSIONS OF THE PEACE IN IRELAND.—OBSERVATIONS. (Hansard, 3 May 1861)

§ MR BUTT

said, he rose to call attention to a departure from the established precedent in the Commission of the Peace recently issued for the county of Dublin, in which only one magistrate is named of the quorum, and to ask the Chief Secretary for Ireland whether this is the form now usually adopted in the Commissions of the Peace for Irish counties; and, if so, whether the opinions of the Law Officers of the Crown have been taken as to the effect which the issuing of the Commission in this form may have upon the validity of acts done at Quarter Sessions at which the magistrate so named may not be present? For a long period the names of all the magistrates of the quorum were mentioned in Commissions of the peace in Ireland. In December, 1858, however, a change was introduced into the form of Commissions. In November, 1860, Mr. M. Flanigan was placed in the Commission of the Peace for the County of Dublin, and in the quorum clause, instead of the names of all the justices being duly set forth, the name of that gentleman was alone given. The effect, beyond all doubt, was that Mr. Flanigan was the only justice of the quorum, and the acts of all Quarter Sessions at which he did not happen to be present were invalid. By Act of Parliament the assistant-barrister was empowered to sit alone, but even his name was not included in the Commission. It might probably be held that prisoners convicted since the Commission was issued were entitled to their discharge.

§ MR. CARDWELL

said, he must admit that the hon. and learned Member bad pointed out a real error. It was the custom in Ireland to insert the names of all 1543 the justices in the quorum clause. In 1858, however, a Commission was issued to inquire into the Chancery Offices, and the Commissioners reported that a great deal of time was uselessly occupied in copying the names of justices. Lord Chancellor Napier, in pursuance of their recommendation, issued an order to the effect that a more compendious form of filling up the quorum clause should be adopted. No particular mode was prescribed, and the mode adopted was that to which the hon. and learned Member had called attention—a very faulty mode, no doubt, and one which ought to be remedied. The present Lord Chancellor, in fact, had already given directions for its alteration. With regard to its legal consequences, however, he had already conferred with his hon. and learned Friend the Attorney General, who was of opinion that as justices both in Petty and Quarter Sessions were acting under the statute the mischief which the hon. and learned Member apprehended would not arise.