tice, although doubted by some, has been confirmed upon the high authority of Lord St. Leonards." Magistrates in Ireland are appointed and removed from office by the Lord-Lieutenant, acting upon the advice of the Irish Lord Chancellor. The salary of the Lord Chancellor is fixed by law at Pecuniary the sum of 10,000l. per annum, in lieu of fees, and in- allowances. clusive of compensation for his services as Speaker of the House of Lords. He is entitled to a pension of 5,000.per annum on retirement from office, without any limitation as to the time he has served; provided only that if he again accept of any salaried office, the amount of the pension should be merged therein, so long as he may hold the same." Ordinary judges are obliged to serve for a number of years to entitle them to a pension; but in the case of the Lord Chancellor this allowance is regarded as part of the inducement to a man of the highest legal reputation to leave his profession and embark in political life, with the liability, at any time, of being deprived of office upon a change of ministry. As there is no limitation of the number of ex-Lord Chancellors who may be in receipt of pensions at the same time, there have been instances, in our own day, of five retired Chancellors enjoying pensions together." The Law Officers of the Crown. officers. The Attorney-General, the Solicitor-General, and the Crown law Queen's Advocate-General, are the advisers of the crown in all cases of legal difficulty, particularly those which arise in the departments of the Privy Council and of the Secretaries of State for Foreign and Colonial Affairs, where the questions are often of a mixed nature, in Hans. Deb. vol. cxxvi. p. 29. By 14 & 15 Vict. c. 83, sec. 17. This is a considerable reduction of the emoluments formerly enjoyed by the Lord Chancellor : see Commons บ Papers, 1830-31, vol. iii. p. 445. Attorney and Solici volving points of civil and international law, as in maritime and ecclesiastical cases. They also advise in the framing of royal proclamations and of orders in council. The Attorney and Solicitor-General (sometimes in contor-General junction with other professional men) advise the heads of the other departments of state in matters relating to common or municipal law, and in regard to all prosecutions proposed to be instituted against public offenders. They conduct the prosecution or defence in all cases where proceedings are instituted for or against any public department or servant of the crown, or in obedience to the orders of either House of Parliament." As the representative of the sovereign in the courts, the prosecution of all public offenders is entrusted to the Attorney-General. All offences which disturb the peace or affect the welfare of the community, are considered as committed either against the king's peace, or against his crown and dignity. For though they seem to be rather offences against the public, yet, as the king is chief magistrate of the nation, he stands as the representative of the state and community, and as such is the proper prosecutor (as well as pardoner) of all public offences and breaches of the peace; and these prosecutions he conducts through his Attorney-General. In all proceedings at law, or in equity, which involve the security of the crown, the maintenance of the royal dignity, or the proper discharge of the kingly functions, the Attorney-General is the leading advocate. In prosecutions for seditious libels he is privileged to put a man immediately upon his trial, by filing what is called an 'ex officio information,' without preferring an indictment or moving a court on affidavit for a criminal information. The Attorney and Solicitor-General also jointly approve of all charters granted by the crown to municipal or other bodies. They exercise a separate discretion in advising the crown upon applications for letters patent for inventions. See May, Parl. Prac. edition 1868, p. 87. The Attorney-General hears all applications upon petitions referred to him by the Home Secretary from persons claiming dignities or peerages, and reports thereon to the crown; and upon 'petitions of right' on a similar reference. He files informations in the Exchequer to obtain satisfaction for any personal wrong committed on the possessions of the crown, and conducts suits for the protection of charitable endowments in which the queen is entitled to interfere. He stands, in fact, in the personal relation of attorney to his sovereign, and appears in her behalf in all courts where the interests of the crown are in question. The Solicitor-General participates in the labours of his colleague, and in the absence of the Attorney-General, or during a vacancy of his office, is empowered to do every act and execute every authority of the Attorney-General, his powers being co-ordinate." X Neither of these functionaries can be employed against the crown or its officers in any cause, civil or criminal; but in ordinary cases, between one subject and another, they are frequently retained, where the matter in dispute is sufficiently important to warrant the expense. The Attorney-General is considered to be the leader of the bar; and such an office is sure to bring him considerable private practice, if he have time to undertake it. One who has not held the office can have no conception of the labours of an Attorney-General. In addition to his public duties, he has to prepare himself for his private practice. During a session of Parliament he is kept officially at the House of Commons until a late hour of the night, and is obliged to be in court, during term time, at an early hour on the following morning." Their presence in Parliament Promotion. The presence of the law officers of the crown in the House of Commons is, as has been already remarked, of immense advantage to the working of parliamentary government. It is, therefore, of the greatest importance that these offices should be conferred upon men of undisputed legal eminence, who at the same time possess the confidence of the country, and are able to command a seat in Parliament. Lord John Russell has shown it to have been the uniform practice, in the working of the British constitution, to require the assistance of the first lawyers in the country in the House of Commons, and afterwards to promote them to the highest situations on the bench, and by this means to induce the best legal talent to find its way into Parliament. He has also asserted that while in theory it may seem to be objectionable that a political career should be the avenue to the judicial ermine, yet in practice no evil results have followed; for that, reviewing the legal history of the country, it is impossible to point out any traces of political partiality in those who have been promoted from seats in Parliament to preside over our courts of law and equity." Upon a vacancy occurring in the office of AttorneyGeneral, the Solicitor-General is almost invariably appointed to fill it; wherefore these two offices are naturally regarded as certain steps to the highest professional honours in the state. The Attorney-General of the day is considered, by general usage, not amounting however to absolute right, to have a claim to be appointed on a vacancy occurring in the Chief Justiceship of the Common Pleas or of the Queen's Bench. It is a rare occurrence, though not altogether unprecedented, for the from pleading in any private cause at See ante, p. 371. b Rep. on Off. Sal. 1850, Evid. 1369-1372. • Ibid. 1347, 1789, 1848. But the usage has not been extended to the Court of Exchequer; see cases cited, both as to the usage and the exception, ib. 1850–52 ; see also Campbell's Chancellors, vol. iv. p. 634, vol. vi. p. 116 n. Attorney or Solicitor-General to accept a puisne judgeship. The opinion of the bar is opposed to the AttorneyGeneral accepting such an appointment, and upon one occasion when offered it was declined, on the ground that it was not of sufficient dignity for one who had filled the office of Attorney-General." tion. There is no salary attached to the office of Attorney or RemuneraSolicitor-General. The Committee on Official Salaries, in 1850, recommended that they should be allowed a salary, in lieu of fees; but their recommendation has not been carried into effect. The emoluments of the law officers of the crown are derived from fees which they receive for all official opinions, prosecutions, and reports. The fees are much less than those often obtained from private practice; but perhaps the number makes up for the smallness of the amount. The official income of the Attorney-General is said to have averaged somewhat over 10,000l. a year, but he is necessarily obliged to relinquish much lucrative private practice. The Solicitor-General's emoluments are not much less than those of his colleague, and are derived from the same source. But they both perform many duties for the government for which they receive no remuneration. When desired to attend upon the Home Secretary (who is their superior officer) for ordinary consultation, they make no charge. And no law officer of the crown, when a member of Parliament, receives any fee or emolument for preparing or supporting any measure before Parliament." At the same time, if a Bill, whether introduced by government or by a private member, is referred to the law officers of the crown to consider whether it involves any question as to the rights of the crown, this is considered as part of their official g the Crown on patents alone in Civil Rep. on Off. Sal. 1850. Evid. h Mirror of Parl. 1830, p. 427. |