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Resident magistrate

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A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM , it refers to suitably qualified personnel—notably well versed in the law—brought into an area from outside as the local magistrate, typically to be the guiding hand amongst other lay magistrates.

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70-416: In colonial history, resident magistrates have had gubernatorial functions in a few minor, isolated colonial settlements, such as: Resident magistrates' courts remain in operation as one of the divisions of the judiciary of Jamaica , hearing civil and criminal cases in each parish of the island. In pre-independence Ireland, a Resident Magistrate was a stipendary magistrate appointed to a county (outside of

140-543: A fictional Irish RM, Major Yeates. Two sequels were written and a TV programme, The Irish R.M. , produced by RTÉ and UTV , which ran between 1983 and 1985. Governor James Stirling introduced the position of the Resident Magistrate or the government resident in the early 1830s as a means of assisting the Perth centre in the administration of the various and the small and distant settlements located throughout

210-479: A governor also commanded military forces in his province. Republican governors were all men who had served in senior magistracies (the consulate or praetorship ) in Rome in the previous year, and carried related titles as governor ( proconsul or propraetor ). The first emperor, Octavianus Augustus (who acquired or settled a number of new territories; officially his style was republican: Princeps civitatis ), divided

280-426: A governor is appointed for each state, but after the 7th Constitutional Amendment, of 1956, one governor can be appointed for more than one state. In Indonesia , the title gubernur refers to the highest-ranking executive of a provincial government. The governor and the vice governor are elected by a direct vote from the people as a couple, so the governor is responsible to the provincial residents. The governor has

350-492: A man of equestrian rank, to act as his deputy in a subregion of the larger province: the infamous character of Pontius Pilate in the Christian Gospels was a governor of this sort. A special case was Egypt, a rich 'private' domain and vital granary, where the emperor almost inherited the theocratic status of a pharaoh. The emperor was represented there by a governor sui generis styled praefectus augustalis ,

420-478: A regional vice governor who replaces the regional governor if the latter vacates the position. Bangsamoro , its replacement, has the wa'lī (Arabic for "governor") as its head of the region and is elected by parliament for a six-year term. The provincial councils of the nine provinces of Sri Lanka are headed by governors, as representatives of the president . Prior to 1948, in Ceylon (former name for Sri Lanka),

490-786: A retired Vice-Admiral in the Royal Navy , was killed by the IRA at the family home in Castletownshend. She finished his book " Will Mariner " after his death. She died at Castletownshend in October 1949, aged 91, and is buried alongside Violet Florence Martin at Saint Barrahane's Church , Castletownsend with a joint memorial to them both. A considerable archival legacy remains both at Castletownsend and in Trinity College Library. The Irish RM books were made into

560-447: A separate court system, the governor only had legislative power in colonies that lacked a Legislative Council or Legislative Assembly . The executive powers vested in the governor varied as well; while many colonies had an Executive Council to help with the colony's administration, these ranged from presidential cabinet-like bodies that only served as consultative forums without collective executive powers or functions of their own while

630-521: A state's official representative. Depending on the type of political region or polity, a governor may be either appointed or elected, and the governor's powers can vary significantly, depending on the public laws in place locally. The adjective pertaining to a governor is gubernatorial , from the Latin root gubernare . In a federated state , the governor may serve as head of state and head of government for their regional polity, while still operating under

700-469: A term of five years to work in office and can be re-elected for another single period. In case of death, disability, or resignation, the vice governor would stand in as acting governor for some time before being inaugurated as the permanent governor. The elected governor is inaugurated by the president , or by the Indonesian minister of home affairs on behalf of the president. In addition, the governor

770-493: A title evoking the religious cult of the emperor . Emperors Diocletian (see Tetrarchy ) and Constantine in the third and fourth centuries AD carried out a root and branch reorganisation of the administration with two main features: The prestigious governorships of Africa and Asia remained with the title proconsul, and the special right to refer matters directly to the emperor; the praefectus augustalis in Alexandria and

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840-633: Is always the governor of the Ross Dependency , an Antarctic sector which is claimed by the Realm of New Zealand . Within the United Kingdom itself, there was a position of Governor of Northern Ireland from 1922 until the suspension of the devolved Parliament of Northern Ireland in 1973. From the 16th century until 1995, there was a governor of the Isle of Wight , part of England . Since

910-653: Is an official title in German for certain political offices equivalent to a governor. It has historical uses, both administrative and colonial, and is now used in federal Austria and in South Tyrol , a majority German-speaking province of Italy adjacent to Tyrol . During the Ancien Régime in France , the representative of the king in his provinces and cities was the gouverneur . Royal officers were chosen from

980-657: Is appointed by the Australian monarch on the advice of the premier , who is the political chief executive of the state government (until 1986, state governors were appointed by the British monarch on the advice of the British government). State governors have emergency reserve powers but these are rarely used. The territories of Australia other than the ACT have administrators instead of governors, who are appointed formally by

1050-424: Is for the defence and external affairs of the colony. In some minor overseas territories, instead of a governor, there is an administrator or commissioner , or the position is held ex officio by a High Commissioner . In Australia , each state has the governor as its formal representative of the sovereign, as head of the state government. It is not a political office but a ceremonial one. Each state governor

1120-864: Is said to have dominated her sister and brothers in a family where women were encouraged to be bold. She received her primary education at home, and then attended Alexandra College in Dublin . In 1884 she went to Paris for the first of several trips to study art at the Académie Colarossi and Académie Delécluse , and then spent a term at the Westminster School of Art in Dean's Yard , Westminster. At home, riding and painting were her absorbing interests. In January 1886, she met her cousin Violet Martin, and their literary partnership began

1190-575: Is sometimes translated into English as governorate. Thus its respective head, in German : Regierungspräsident , is also translated as governor. Ioannis Kapodistrias was the first (and, with the exception of the short tenure of his younger brother Augustinos Kapodistrias , the only) head of state of Greece to bear the title of governor. In the People's Republic of China , the title Governor ( Chinese : 省长 ; pinyin : shěngzhǎng ) refers to

1260-492: Is the representative of the central government in the province and is responsible to the president. The governor's authority is regulated within Law ( Indonesian : Undang-undang ) No. 32/2004 and Governmental Ordinance ( Indonesian : Peraturan Pemerintah ) No. 19/2010. Principally, the governor has the tasks and the authorities to lead governmental services in the province, based upon the policies that have been made together with

1330-401: Is the representative of the federal in their province and is the ceremonial head of the province whereas the chief minister is the head of the provincial government. The governor exercises powers similar to the president's, in their respective province. In Papua New Guinea , the leaders of the provinces have been known as governors since August 1995. Previously they were called premiers. In

1400-554: The comes Orientis in Antioch also retained special titles. Otherwise, the governors of provinces had various titles, some known as consularis , some as corrector , while others as praeses . Apart from Egypt and the East ( Oriens – viz greater Syria), each diocese was directed by a governor known as a vicarius . The prefectures were directed by praefecti praetorio (greatly transformed in their functions from their role in

1470-763: The Dublin Metropolitan Police District) to sit among the justices of the peace at Petty Sessions in that county. They were appointed by the Lord Lieutenant of Ireland (in reality, therefore, by the Dublin Castle administration in Ireland ). The role of resident magistrate was created on a somewhat trial basis in 1814, and extended to the entire country by the Constabulary (Ireland) Act 1836. The resident magistrate

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1540-631: The Ketua Menteri or chief minister . The four Yang di-Pertua Negeri are members of the Conference of Rulers ; however, they cannot participate in the election of the Yang di-Pertuan Agong, discussions related to the privileges of the Malay rulers and matters concerning the observance of Islam. In Pakistan , each of the four provinces has a governor who is appointed by the president . The governor

1610-524: The Philippines , the title Governor ( Gobernador or Punong Lalawigan in Filipino) refers to the highest-ranking executive of a province . The governor is elected by a direct vote from the people and has a fixed term of three years. A governor can serve only up to a maximum of three consecutive terms. He may however be suspended by either the ombudsman or the president , through the secretary of

1680-1137: The Russian Empire , the governorate ( guberniya ) and governorate-general were the main units of territorial and administrative subdivision since the reforms of Peter the Great . These were governed by a governor and governor-general respectively. A special case was the Chinese Eastern Railway Zone, which was governed as a concession granted by Imperial China to the Russian 'Chinese Eastern Railway Society' (in Russian Obshchestvo Kitayskoy Vostochnoy Zheleznoy Dorogi ; established on 17 December 1896 in St. Petersburg , later moved to Vladivostok ), which built 1,481 km of tracks (Tarskaya – Hilar – Harbin – Nikolsk-Ussuriski; 3 November 1901 traffic opened) and established on 16 May 1898

1750-602: The early Empire ). This system survived with few significant changes until the collapse of the empire in the West, and in the East, the breakdown of order with the Persian and Arab invasions of the seventh century. At that stage, a new kind of governor emerged, the Strategos . It was a role leading the themes which replaced provinces at this point, involving a return to the amalgamation of civil and military office which had been

1820-467: The governor of Ceylon was the head of the British colony . Edith Somerville Edith Anna Œnone Somerville (2 May 1858 – 8 October 1949) was an Irish novelist who habitually signed herself as "E. Œ. Somerville". She wrote in collaboration with her cousin "Martin Ross" ( Violet Martin ) under the pseudonym " Somerville and Ross ". Together they published a series of fourteen stories and novels,

1890-504: The governor-general . The governor-general is the representative of and appointed by the king of Australia sovereign at a federal level on the advice of the prime minister of Australia . As with the governors-general of Australia and other Commonwealth realms, state governors usually exercise their power only on the advice of a government minister. In Canada , there are governors at the federal and provincial levels of government who, within their jurisdictions, act as representatives of

1960-422: The king of Canada , who is Canada's head of state. The federal governor is the governor general of Canada , and the governor of each province is the lieutenant governor . The governor general is appointed by the sovereign on the advice of the prime minister of Canada , whereas the lieutenant governors are appointed by the governor general on the advice of the prime minister. The role of the governor general and of

2030-687: The 18th century the role of provincial governors was greatly curtailed. Until 1933, the term Landeshauptmann (state governor) was used in Prussia for the head of government of a province , In the modern-day states of Germany, the counterpart to Landeshauptmann is the Ministerpräsident (minister-president). In the present German states of Baden-Württemberg , Bavaria , Hesse , and North Rhine-Westphalia there are – and earlier in more German states there were – sub-state administrative regions called in German : Regierungsbezirk , which

2100-754: The Aborigines; care for public buildings and works; and supervise all other government officers in the district, if there were any, or otherwise perform the work of all branches of government themselves as required'. They acted as the Chairmen of the local Courts of Petty Sessions and Small Debts, and from 1863 were given the legal authority to determine court cases alone. When the Caprivi Strip (formerly German Barotse- or Zambezi-land, in present Namibia) which had been administered by British Military Administrators since 21 September 1914 formally came under

2170-640: The British government for the state of affairs in Ireland. After that, she tended towards Nationalism , and as an adept musician at parties, she specialised in Irish tunes and Nationalist songs. She had exhibitions of her pictures in Dublin and in London between 1920 and 1938, and was active as an illustrator of sporting picture books and children's picture books, including that of Ethel Penrose , another cousin. In 1936, her brother Henry Boyle Townsend Somerville ,

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2240-694: The Chinese Eastern Railway Zone (in Harbin; as such being August 12, 1903 – July 1, 1905 subordinated to the imperial Viceroyalty of the Far East, see Lüshunkou ). The post continued to function despite various political changes until after World War II . Some of the administrative subdivisions of Russia are headed by governors, while others are headed by presidents or heads of administration. From 1991 to 2005, they were elected by popular vote and from 2005 to 2012, they were appointed by

2310-600: The Republic and Magistrates' Courts in Northern Ireland), are composed of legally qualified district judges sitting alone. This is in sharp contrast to England and Wales where magistrates courts mainly consist of benches of three lay justices and there are only a minority of paid district judges (magistrates' courts). In Scotland Justice of the Peace Courts are also primarily staffed by lay magistrates. In

2380-643: The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) was passed. From then on Resident Magistrates had to be legally qualified solicitors or barristers in Northern Ireland of at least six years' standing. Petty Sessions (which later became known as Magistrates' Courts) would henceforth consist solely of a resident magistrate sitting alone. Since the passing of the Justice (Northern Ireland) Act 2002 , two lay magistrates sit with

2450-677: The Swan River Colony. Those appointed were usually prominent local farmers or businessmen as well as men who had some military background. As the representative of the Colonial Government, the Resident Magistrate was considered to be very powerful in the district and it was a position of certain status. Although not a fulltime position the Resident Magistrates 'were expected to maintain law and order; register births, marriages and deaths; control and protect

2520-478: The administration of the British high commissioners for Southern Africa, the last Military Administrator stayed on as the first of only two Deputy magistrates, the highest British colonial official actually resident in the Strip: Gubernatorial A governor is an administrative leader and head of a polity or political region , in some cases, such as governors-general , as the head of

2590-705: The case may be. During both the Spanish and American colonial periods , as well as during the Japanese occupation of World War II , the chief executive of the Philippines was the governor-general of the Philippines . The highest ranking executive of the Autonomous Region in Muslim Mindanao was called regional governor . The regional governor is elected every three years, separately from

2660-597: The colonial period of Hong Kong , the governor was the representative of the sovereign from 1843, which was the year that the authorities and duties of the post were officially defined by the Hong Kong Letters Patent and the Royal Instructions , until the handover of Hong Kong to the PRC government in 1997. Each governor was appointed by the monarch and possessed significant powers such as

2730-479: The current governors. In Malaysia , each of the four non-monarchical states ( Penang , Malacca , Sabah and Sarawak ) has a ceremonial governor styled Yang di-Pertua Negeri , appointed to a renewable four-year term by the Yang di-Pertuan Agong , the federal King of Malaysia , on the advice of the prime minister after consulting the state governments. Each of these states has a separate head of government called

2800-534: The district judge in Youth Court (criminal proceedings involving children) and Family Proceedings Court (family law) matters, but the judge still sits alone in other matters. Where lay magistrates sit with the judge, the judge presides and guides the lay magistrates in the law. The position was renamed District Judge (Magistrates Court) in 2008. The book Some Experiences of an Irish RM by Edith Somerville and Violet Florence Martin , published in 1899 focused on

2870-511: The federal president and confirmed by the province's legislature. After the debate, conducted by State Duma in April 2012, the direct elections of governors were expected to be restored. A Landeshauptmann ( German for "state captain" or "state governor", literally 'country headman'; plural Landeshauptleute or Landeshauptmänner as in Styria till 1861; Landeshauptfrau is the female form)

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2940-489: The following year. Their first book, An Irish Cousin , appeared in 1889, under the names Geilles Herring (from the maiden name of her ancestor, the wife of Sir Walter de Somerville of Linton and Carnwath) and Martin Ross, though the pen names were dropped after the first edition. In 1898 Edith Somerville went to paint at the Etaples art colony , accompanied by Violet. There they profited from their stay by conceiving together

3010-685: The governor had an independent decision-making capacity, to fully-fledged parliamentary ministries whose decisions the governor was required to formally execute. Today, crown colonies of the United Kingdom continue to be administered by governors who hold varying degrees of power. Because of the different constitutional histories of the former colonies of the United Kingdom , the term governor now refers to officials with differing amounts of power. Administrators , commissioners and high commissioners exercise similar powers to governors. (Note: such high commissioners are not to be confused with

3080-455: The high commissioners who are the equivalent of ambassadors between Commonwealth states). Frequently the name 'Government House' is given to governors' residences. In the United Kingdom's remaining overseas territories , the governor is normally a direct appointee of the British government and plays an active role in governing and lawmaking (though usually with the advice of elected local representatives). The governor's chief responsibility

3150-638: The highest nobility , and provincial and city governors (oversight of provinces and cities was frequently combined) were predominantly military positions in charge of defense and policing. Provincial governors – also called " lieutenant generals " – also had the ability to convoke provincial parlements , provincial estates and municipal bodies. The title "gouverneur" first appeared under Charles VI . The ordinance of Blois of 1579 reduced their number to 12, but an ordinance of 1779 increased their number to 39 (18 first-class governors, 21 second-class governors). Although in principle, they were

3220-407: The highest ranking executive of a prefectural government. The governor was elected by a direct vote from the people and had a fixed term of four years. There is no restriction on the number of terms a person may serve as governor. The governor holds considerable power within the prefecture, including the ability to veto ordinances that have been passed by the prefecture assembly, as well as control of

3290-418: The highest ranking executive of a provincial government. The governor is usually placed second in the provincial power hierarchy, below the secretary of the provincial Chinese Communist Party (CCP) committee (省委书记), who serves as the highest ranking party official in the province. Governors are elected by the provincial congresses and approved by the provincial party chief. All governors are not locals in

3360-455: The interior and local government . He may be removed by the president if found guilty of an administrative case or a criminal act during his tenure. He may be subjected to a recall vote , but unlike a referendum, the voters elect the governor of their choice. In case of death, disability, resignation, forced removal, or suspension, the vice governor , elected separately in the same election for governor, succeeds as governor, or acting governor, as

3430-452: The king's representatives and their charges could be revoked at the king's will, some governors had installed themselves and their heirs as a provincial dynasty. The governors were at the height of their power from the middle of the 16th to the middle of the 17th century, but their role in provincial unrest during the civil wars led Cardinal Richelieu to create the more tractable positions of intendants of finance, policing and justice, and in

3500-530: The laws of the federation, which has its own head of state for the entire federation. Though the legal and administrative framework of provinces, each administered by a governor, was created by the Romans , the term governor has been a convenient term for historians to describe similar systems in antiquity . Indeed, many regions of the pre-Roman antiquity were ultimately replaced by Roman 'standardized' provincial governments after their conquest by Rome. Plato used

3570-454: The lieutenant governors in Canada is largely ceremonial, although they do retain the authority to exercise reserve powers in exceptional circumstances. Each of the three territories is headed by a commissioner appointed by the federal Cabinet . Unlike provincial lieutenant governors , they are not representatives of the sovereign but rather are representatives of the federal government. In

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3640-469: The metaphor of turning the Ship of State with a rudder; the Latin word for rudder is gubernaculum . From the creation of the earliest Roman subject provinces, a governor was appointed each year to administer each of them. The core function of a Roman governor was as a magistrate or judge, and the management of taxation and the public spending in their area. Under the Republic and the early Empire, however,

3710-570: The most popular of which were The Real Charlotte , published in 1894, and Some Experiences of an Irish R. M. , published in 1899. The eldest of eight children, Somerville was born on the island of Corfu , then part of the United States of the Ionian Islands , a British protectorate where her father was stationed. A year later, her father retired to Drishane , Castletownshend , County Cork , where Somerville grew up. Somerville

3780-529: The name of the position. The Courts of Justice Act 1924 finally abolished the office and transferred its jurisdiction to the District Court of Justice . The Justices of the District Court continued to be popularly called District Justices until the position was renamed Judge of the District Court (or District Judge) in 1991. The position continued as before in Northern Ireland until 1935, when

3850-598: The new capital city, Harbin ; in August 1898, the defense for Chinese Eastern Railway (CER) across northeast China was assumed by Russia (first under Priamur governor). On July 1, 1903, the Chinese Eastern Railway was opened and given authority of its own CER Administration (Russian: Upravleniye KVZhD ), vested in the Directors of the Chinese Eastern Railway, with the additional quality of Governors of

3920-410: The object of speculation by later writers. Somerville was a devoted sportswoman who, in 1903, had become master of the West Carbery Foxhounds. She was also active in the suffragist movement, corresponding with Dame Ethel Smyth . She was in London still recovering from the shock of Violet's death when the Easter Rising of 1916 broke out. On 9 May, she wrote a letter to The Times , blaming

3990-400: The part of Ireland that was to become the Irish Free State, Petty Sessions could not be held for many years due to the Irish War of Independence , restricting the role of the RMs. On 23 August 1922, the Provisional Government of Ireland placed all of the RMs on leave, and at the end of September 1922 it terminated all commissions of the peace, effectively dismissing all the RMs and justices of

4060-411: The peace. This was not quite the end of the office of Resident Magistrate, as it then proceeded to appoint 27 solicitors and barristers to the post. Although appointed to the position of Resident Magistrate, the Provisional Government only publicly described these individuals as District Justices, and brought in legislation in 1923 (the District Justices (Temporary Provisions) Act 1923) to officially change

4130-445: The power of appointing lawmakers in the legislative council , the power to grant land, the power of veto over bills and motions , the power of pardon , etc. At the same time, the governor was also the head of the colonial cabinet , the chairman of the Executive Council , the president of the Legislative Council (until 1993), as well as the commander-in-chief of the British Forces in Hong Kong . The governor-general of New Zealand

4200-449: The practice under the Republic and the early Empire. While the Roman administration in the West was largely destroyed in the barbarian invasions, its model was remembered; this model became very influential through two particular vehicles: Roman law and the Christian Church. In the Ottoman Empire, all pashas (generals) administered a province of the Great Sultan's vast empire, with specific titles (such as Mutessaryf; Vali or Wāli which

4270-408: The prefecture's budget and the power to dissolve the prefecture assembly. The governor can be subjected to a recall referendum. A total of one to four vice governors are appointed by the governor with the approval of the assembly. In the case of the governor's death, disability, or resignation, a vice governor would stand in as governor or acting governor. See List of governors of Japan for a list of

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4340-408: The provinces into two categories; the traditionally prestigious governorships remained as before (in what have become known as "senatorial" provinces), while in a range of others, he retained the formal governorship himself, delegating the actual task of administration to appointees (usually with the title legatus Augusti ). The legatus sometimes would appoint a prefect (later procurator ), usually

4410-422: The provinces which they govern. The title can be also used while referring to a county governor (县长). In India , each state has a ceremonial governor appointed by the president of India . These governors are different from the governors who controlled the British-controlled portions of the Indian Empire (as opposed to the princely states) prior to 1947. A governor is the head of a state in India. Generally,

4480-413: The provincial parliament. The governor is not the superordinate of regents or mayors , but only guides supervises, and coordinates the works of city/municipal and regency governments. In other parts, municipal and regency governments have the right to manage each governance affairs based on the autonomy principle and assistantship duties. In Japan , the title Governor ( 知事 , chiji ) refers to

4550-436: The reign of Henry VIII , the monarch has borne the title of Supreme Governor of the Church of England . European powers other than the United Kingdom, with colonies in Asia, Africa and elsewhere, gave their top representatives in their colonies the title of governor. Those representatives could be from chartered companies that ruled the colonies. In some of these colonies, there are still officials called governors. See: In

4620-405: The requirement that the magistrate live in the county to which he was assigned. The role was often criticised as being under the influence of the Dublin Castle administration, and Irish politicians often cited the "RM" as really standing for "Removable Magistrate", since they held office at the Lord Lieutenant's pleasure and could be removed. In some parts of western counties in the later 1800s at

4690-473: The stories later gathered in Some Experiences of an Irish R. M. , completed the following year. By the time Violet died in 1915, they had published fourteen books together. Her cousin's death stunned Edith, who continued to write as "Somerville and Ross", claiming that they kept in contact through spiritualist séances . The precise nature of their relationship — whether they were romantic and sexual partners as well as literary collaborators and friends — has been

4760-431: The time of the Famine, and then the Land War , it became hard to find enough suitably-educated local magistrates, and so an RM could be sent to help them. He was salaried and they were volunteers. The office of RM was unique in the United Kingdom to Ireland, and in the 20th century, led to the modern position in both Northern Ireland and the Republic of Ireland whereby courts of summary jurisdiction (the District Court in

4830-522: Was often maintained and revived in the oriental successor states ; Beilerbei (rendered as governor-general , as he is appointed above several provinces under individual governors) and Dey ) In the British Empire , a governor was originally an official appointed by the British monarch (or the cabinet) to oversee a crown colony and was the (sometimes notional) head of the colonial administration. The governors' powers varied from colony to colony, depending on its constitutional setup; while all colonies had

4900-399: Was supposed to sit amongst the justices at Petty Sessions—the courts of summary jurisdiction in pre-independence Ireland—and guide the justices to apply the law impartially. In reality they came to preside at Petty Sessions, and even sit alone without justices. RMs did not need to be legally trained in pre-independence Ireland, and many were ex- British Army officers. The "Resident" referred to

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