230 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE Having stated that the police magistrates are partly appointed by the corporation, partly from the corporation, and partly at the nomination of government, will you have the. goodness to state, whether there is any distinction between the duties per- ( 29 May.) formed by the professional magistrates appointed by government, and the magis- trates appointed as belonging to the corporation ?— There is no distinction of powers, but in point of practice in the offices, there is some distinction of duties. What is that distinction ?— I take it that the investigation of all matters of law and all charges of a serious nature, framing committals upon them, and deciding upon and framing convictions under penal statutes, all judicial acts and legal in- quiries, are in general taken care of by the barrister of the office. By law, the barrister appointed to the police office, is not allowed to practise professionally ?— No ; he must make the entire sacrifice of his profession; he can- not even give an opinion, or draw a conveyance. Is this exclusion from practice necessary, in your opinion?— So far as respects criminal business, I think it is founded 011 principle; and as to court business in general, it is necessary to prevent an interference with the office hours of duty, but not so as to chamber business; and with reference to the smallness of his salary, I think it a great hardship on the barrister. Is there any restriction with regard to any duties in trade, or in private life, or in profession, with respect to the corporate magistrates?— None. Therefore, a corporate magistrate who is a merchant or a banker, or engaged in business, is not required to make that sacrifice which is required of the professional magistrate ?— Certainly, he is not. In point of fact, are many corporate magistrates of the city of Dublin engaged in other avocations ?— I believe almost all; but their attention is of course with- drawn in some measure, from their trade. It does not in any other respect interfere with their personal engagements or trades?— It interferes no further than the hours of attendance at the office; and on the other hand it is an advantage to their trade, by increasing their income. Are there any additional duties, either by law or in consequence of the distinction which you have pointed out, cast upon the professional magistrates?— There are; I suppose from a sense of the probable necessity of the judgment of the bar- rister being frequently resorted to; there is a clause in the Act of Parliament, requiring him to attend, not only his regular turn of duty, but upon all occasions when required in writing, by one of the other magistates. Independently of that provision to which you have alluded, is there an additional weight of business thrown upon the barristers, in consequence of the private avo- cations of the corporate magistrates elsewhere ?— There is occasionally ; for instance during the year that any one of the corporate magistrates serve the office of lord mayor, he is entirely discharged from attendance at the office. Have you ever known a police magistrate appointed as lord mayor?— Re- peatedly ; the present lord mayor is a police magistrate. Have you ever known police magistrates appointed to serve upon grand juries ?—• Frequently. The grand juries to which you refer, are the presenting grand juries ?— The term grand juries, generally. Do not those grand juries sit for a considerable length of time ?— They sit during the law term, usually for the whole of the first week, and occasionally on other days. Therefore, during the time of their continuance in office as lord mayor, or during the discharge of the grand jury duties, they are exempted from the duties of their magisterial office ?— They are not exempted, but withdrawn by those ether engage- ments, there is an understood exemption, but at the same time they are not alto- gether withdrawn during the period of their attendance as grand jurors. Do you consider the entire devotement of your time and attention, and you being entirely prevented from professional engagements, to be absolutely necessary to the discharge of your functions?— In the discharge of my present duties, as respects the head office of police, I certainly could not undertake professional business, even in chambers; I am very generally occupied for five 01* six hours a day in the office, and very frequently I have to take home papers and prepare correspondence, reports, & c. in the evenings. Are the duties Of your office very arduous?— Very arduous; and in the present state of Ireland very anxious also. 549- - You