Justice of the Peace, how appointed.] Justices of the Peace in Ireland are appointed by act of parliament, or by commission under the Great Seal (a) The justices appointed by act of parliament are the mayors and recorders of boroughs (b), assistant barristers (c), police magistrates of the Dublin metropolis (d), the inspectors-general, deputy inspectors-general, provincial and county inspectors and stipendiary magistrates (e.)

The justices holding office by commission under the Great Seal, are appointed by, and at the discretion of the Lord Chancellor or Keeper of the Great Seal; they hold their office during the will and pleasure of the Queen (ƒ), and it is determined six months after the demise of the Crown (g), or by a writ of super

(a) See 3 & 4 Vic., c. 108, which provides for the abolition or determination of charter justices. (b) 3 & 4 Vic., c. 108.

(c) See 14 & 15 Vic., c. 57, s. 2, which enacts that every assistant barrister shall be ipso facto a justice of the peace for the county or riding to which he is appointed, and shall by virtue of his office preside as chair man of the justices at General or

Quarter Sessions.

(d) Stat. 48 Geo. III., c. 140; 5 Geo. IV., c. 102; 6 & 7 Wm. IV., c.

29.

(e) 6 Wm. IV., c. 13; see 2 & 3 Vic., c. 75, s. 11, as to the designation of these officers.

(f) 1 Bl. Com. 353.

(g) 21 & 22 Geo. III., c. 48, s. 3, commonly called Yelverton's act.

sedeas, which suspends the power of the justices to act (h), or by issuing a new commission in which their names are omitted.

Practice in obtaining a Commission.] The established practice of obtaining a commission of the peace for a county, is for the lieutenant of the county to forward to the Lord Chancellor a printed form filled by the individual whose appointment is desired, accompanied either with his recommendation or mere submission.

The following is the form now in use :—

Particulars to be forwarded to the Lord Chancellor upon applications by Lieutenants of Counties to have Gentlemen appointed Magistrates, to be signed by the Person recommended.

Name and Age.-Residence-or, if more than one, usual place of Residence, and whether within the County.-Annual Value of Landed Property in the County (i).—Whether he has been before in the Commission, or has been before recommended.Whether an Agent, and to whom; and what Property the Principal has in the County, and whether the latter is resident in the County.-Profession, Office, or Employment, and where carried on.-Petty Sessions at which he proposes to attend— usual Number of Magistrates now attending such Petty Sessions -Number of Magistrates resident in the Petty Sessions District. -Whether any Member of his Family residing in the same House with him is already in the Commission.-Whether his Agent or any Relative in the Commission attends the proposed Petty Sessions.-Post Town.

As a general rule, the recommendation of the lieutenant of the county is responded to, and the appointment made by the

(h) Lamb. c. 14; Dalt. c. 3, s. 9. (i) By statute 18 Hen. VI., c. 11, no justice shall be assigned in any county if he have not land to the value of £20 by the year. This is the only statute which prescribes a qualification of estate generally for J.P. in Ireland. The Corporation Act, 3 & 4 Vic., c. 108, expressly provides that no qualification of estate shall be necessary for borough justices (Nun. & Walsh, 4). But a qualification of estate is, in some instances, requisite to entitle justices to exercise certain privileges. As to the quali

fication to enable J.P.'s to hold sessions, see stat. 59 Geo. III., c. 84, and by 4 Geo. IV., c. 33, all J.P.'s entitled to hold such sessions are qualified to vote at the election of county treasurers, with the further limitation that, if the qualification arise from any freehold or leasehold estate, it must be situate in the county, county of a city, or town for which the election takes plece. But no qualification is necessary to entitle J.P.'s to attend at presentment sessions, under 6 & 7 Wm. IV., c. 116; see s. 4.

Lord Chancellor; but should the answers to the printed requisition fail to satisfy him, or to meet his approbation, he either makes fresh inquiries, or exercises his discretion in withholding the commission;-as, for instance, if the applicant be under age, or, if from the nature of his profession or occupation it is considered that he would not be a suitable person to appoint, or that an additional magistrate is not required in the district where the applicant proposes to act.

In England attornies cannot be justices for counties, but they may be for boroughs (). Such positive disability does not exist in Ireland; but practice, sanctioned by successive chancellors, would appear to render them in fact ineligible. However, in the exercise of that discretion vested in the Great Seal, a few exceptions have been made under very peculiar circumstances (k).

The Lord Chancellor apprises the lieutenant of the county that the appointment has been made, and that he has signed the necessary warrant; and accompanying this communication a letter is sent to the person so appointed by the secretary of the Lord Chancellor for his instruction, informing him "that an application either in person, or by some person on his behalf, should be made at the Secretary's Office, Court of Chancery, for the warrant, and that the total fees payable there and at the Hanaper Office amount to £5 17s. 2d."

The following is the form of commission for counties :—

VICTORIA, &c., to A.B. C.D., &c. greeting.

Know ye that we, reposing special trust and confidence in your fidelity, prudence, and care, have appointed, and by these presents do appoint, you and every of you, jointly and severally, our Justices, to keep our peace in our country of, and to keep and cause to be kept all ordinances and statutes made for the good of our peace, and for the conservation of the same, and for the quiet rule and government of our people in all and every the articles thereof in our said county, as well within the liberties as without, according to the force, form, and effect thereof; and to

(1) 6 & 7 Vic., c. 73, ss. 33, 34. (k) In England, the Lord Chancellor recently declined to appoint a gentleman to the bench of magistrates

at W., on the ground that the office of poor law auditor, which he held, was incompatible with that of J.P.; see n. o. p. 6.