Page images
PDF
EPUB

chief constable?-The only punishment I believe, that the Constabulary Bill allows, is removal or dismissal; there is not military discipline.

In what respect have the police rendered themselves obnoxious in the eyes of the people at large?-There was a case at Summer Hill, the facts of which I do not at this moment exactly recollect; I know it only from hearsay; a case of what was called murder, there was a death.

Is your lordship aware, whether the individuals, who were concerned in that death, were brought to trial?-The assizes are, at this moment, going on.

In that case at Summer Hill, was the cause of quarrel at all connected with difference of religious belief?-I believe it was. Are you aware, that the magistrates have the power of fining constables for ill-behaviour? Yes.

And of dismissing them?-Yes; I think it is the government that has the power to dismiss.

And of reducing them from one rank to another?—Yes.

When did that case, that you mention, occur at Summer Hill? -Some months ago; I am not quite certain as to the precise time; but it is since the last assizes.

Where are your petty sessions held, in what situations in the county of Meath? I think at this moment the county is divided into seven or eight districts.

In what description of houses are they held?We have four quarter sessions towns where there are court-houses; and in the other towns they are held in the best houses which can be had. There is no power existing by law at present, to establish small court-houses for the purpose of holding petty sessions?— I believe not.

Do you conceive the administration of justice in those petty sessions would be more regular, and more impressive upon the minds of the people, if there were small court-houses established at the different stations where the sessions are held?-I am sure of it.

Have you heard, among the magistrates in the county of Meath, any complaint of the uncertainty of the present state of the law, with regard to the fees that are to be taken for the clerks of the petty sessions?-Yes, I find it is complained of a great deal.

Do not you conceive that it would be very desirable, that the fees that are to be taken upon justice business, should be fixed and ascertained by law?-I think it would.

Is there a record in writing kept at the petty sessions in the county of Meath with which your lordship is acquainted, of

their acts done?-Yes, every case is entered in a book, and the decision upon such case.

In case that practice should not be universal in other parts of; Ireland, do not you think it would be desirable to make it imperative upon the magistrates presiding at petty sessions, to preserve a record in writing of all their acts?—I do, certainly.

Is the attendance of the chief constables, constant at the petty sessions?-At the petty sessions that I attend, invariably the, chief constable is present; I have never known him to be absent.

Has it ever occurred to your lordship, that it would be de-, sirable to confer upon the magistrates, at petty sessions any power of proceeding in recovering small debts?—No, I have never thought of it.

Do you not think that the establishment of court-houses at different places throughout the county, where petty sessions, are held, would cause a great deal of discontent amongst the population of the county, on account of the expense of it?The expense might create discontent; but I am sure, in some towns, it would be very beneficial to have a public court, because the great advantage arising from the system of the petty. sessions, is its publicity and openness.

How are houses now provided at those places?—I do not know; where I attend is one of the quarter sessions towns.

Have you heard any complaint in the towns which are not quarter ssessions towns, from the magistrates, that they are insufficiently accommodated?-Not from the magistrates; but I have heard from a chief constable who attended another petty, sessions where I do not go, that there was a great inconvenience arising from want of a large and proper house.

What is the species of duty that devolves upon the magistrates at petty sessions?-Chiefly servants' wages accounts.

And informations ?-Of course; but I should state, that as the county I live in is very tranquil, that one half of the year. there is scarcely any business but those small complaints of the servants against the masters, for wages due.

Do not you apprehend, that the giving to the petty sessions a jurisdiction in small debts, would entail upon them a very burdensome duty?—I think it would.

Do you conceive that the gentlemen who live in the neighbourhood, would be willing to undertake to give up so large a portion of their time as would be necessary for the settlement of such questions ?-I cannot possibly answer for others; some gentlemen I dare say would.

Do you think it necessary, considering the mode in which those questions are decided now, that such a jurisdiction should be given to the petty sessions ?-No.

What time do the petty sessions ordinarily occupy?-We meet at twelve o'clock, and we generally break up from four to five.

How often do you sit?-Once a week.

Does it occur to your lordship, that, constituted as the. magistracy is, and necessarily constituted, in consequence of the number of absentee proprietors, that great inconvenience might arise from extending the jurisdiction of the petty sessions, in cases of wages and debt ?-From what I have heard in other parts of Ireland, I should suppose it would.

When you speak of its being a fit tribunal to extend the jurisdiction of, you refer to that part of the country with which you are acquainted ?--Yes.

Have you ever turned in your mind to what limit the jurisdiction, with respect to the recovery of small debts, might be extended?-No; six pounds, I think, is the highest sum to which a magistrate is now empowered to go.

To what do you think it might be beneficially extended ?— I should think, in cases of wages, very safely to ten pounds. You act as a grand juror ?—Yes.

Have you been able to trace any material reduction in the number of bills which are sent in to the grand jury, subsequent to the establishment of petit sessions in the country?—No, I do not know that I have.

Are there any parts of the county of Meath, where it is diffi cult to form a court of petit sessions, owing to the want of magistrates?-Except perhaps for the want of a proper house, there are quite or nearly magistrates enough to form a bench.

In what district of the county does your lordship state it has been difficult to form a court, in consequence of the want of a house?—I mentioned just now having heard from the chief constable, that at a town called Longwood, there was an inconvenience arising for the want of a court-house.

How far distant is that from any other place where petit sessions are held ?-Probably six miles.

Has not the establishment of petit sessions considerably contributed to general good will in the country, to the arrangement of quarrels among the common people ?-Certainly. And given general satisfaction ?-Yes.

Is it at all the habit of the people to come to the petit sessions, to refer their own little disputes to the magistrates for amicable determination ?-Yes, they do.

Are the magistrates willing to lend their assistance in such cases?-Perfectly so.

Has that a tendency to increase the confidence of the people in their legal decisions ?-I think it has.

X

Do not they also apply to individual magistrates for the amicable settlement of their petty differences ?-They do; but in general, in the district where I live, we came to a sort of an understanding, that we should never act individually.

Does your lordship apply that to acting judicially, or to acting in an amicable and friendly manner?-I fancy the arrangement was made with a view to acting judicially, but a magistrate would scarcely refuse to be a friendly arbitrator.

Are the people in your lordship's neighbourhood ever in the habit of referring their differences to each other, to what they call The saying of two men ?--Very constantly.

Are they apt to be satisfied with those arbitrations ?-They

are.

Would the presence of a paid magistrate meet with displeasure among the magistrates in general, in your lordship's apprehension?-Certainly; I think it would meet with great

displeasure.

Would it not have the effect of indisposing the unpaid and ordinary magistrates of the country from giving their attendance at all?-I think it would.

Are you aware how the appointment of an assistant barrister at quarter sessions, being a paid magistrate, has operated in regard to the ordinary attendance of the magistrates of the county at quarter sessions ?-I do not apprehend that has caused any difference, because the assistant barristers sit besides, to decide civil bill causes; and upon the days upon which assaults and other criminal questions are decided, there is always a good attendance of magistrates.

On the revision of the magistracy, were many gentlemen superseded in the commission of the peace for the county of Meath? -I think only four.

Are there many Catholic gentlemen in the commission of the peace?-I believe ten or eleven.

What may be the number of those in the commission ?-There are more than fifty; but I cannot be positive as to the exact

number.

Have any of the magistrates who were superseded been appointed?-I believe not.

Does the number of Catholic magistrates in the county bear a fair proportion to the Catholic property as compared with the Protestant?-Pretty nearly.

Has the sub-division of property gone on considerably in the county of Meath ?-Not so much as in other parts of Ireland, because it is a grazing county.

Is there any considerable extent of church lands or college lands in the county of Meath?-Not a great deal I think.

Has your lordship been able to perceive any distinction be tween the subdivision of property upon college and church grounds, or lands upon which there are no freeholds granted, as compared with lands upon which freeholds have been granted? -I am not sufficiently acquainted with the church and collegiate lands to be able to answer that.

Have you ever heard of any objection being made in Ireland to the purchase of lands, upon the ground that the original title of those lands had been forfeited, and patent subsequently granted?-Never.

part of

You have never heard of any disinclination on the Catholic purchasers to become possessed of estates so circumstanced? Never.

[ocr errors]

Nor do you believe any such disinclination to exist ?—I have no reason to believe it.

Are there a considerable number of freeholders registered in the county of Meath? Very small indeed, compared with the size of the county.

Have you perceived any inconveniences to result in the administration of landed property, by reason of the 40s. freehold system ?—I think it is a bad thing for the proprietor of the soil.

Will your lordship have the kindness to explain in what respect you conceive it to be a bad thing?-A great sub-division of property producing a great many small holdings, and poor tenants, I think, injures the proprietors of the soil.

How does your lordship conceive it to act upon the constitutional principle of representation; are the 40s. freeholders of Ireland a class in the community, that exercise their own free judgment in the choice of a representative ?-I have heard that, in many instances, they do; in other cases, and I believe more generally, they follow the interest of their landlord.

As far as the interests of the landlords are concerned, your lordship would see no objection to an extension of the qualification from 40s. to a higher sum ?-My answer to that question would depend a great deal upon what the higher sum were fixed at.

Supposing that higher sum to be 101. or 5l. what would your lordship's answer be?—I think that it perhaps would encroach a good deal, even at 107., upon the principle of popular repre

sentation.

The question is directed simply to the interest of the landlord, as between landlord and tenant, whether, in the management of the land, the interest of the landlord would be better secured by a qualification of 10. than, as it is now, a qualification of 40s. I should consider, that the interest of the

« PreviousContinue »