CHAPTER III.

OFFICER OF THE COURTS OF LAW.

Attendance ANOTHER and not unimportant branch of his duties consists in uponCourts. his attendance, &c. upon different Courts of Law as a ministerial

officer;-not unimportant, for independently of the obligations upon him to do so either in his own proper person or by deputy (a), it is indeed natural to suppose that duties of such a kind are attended with no little anxiety on the Sheriff's part ;an anxiety to discharge them with all becoming dignity and respect, and to comply as near as may be with the accustomed forms observed by his predecessors.

The names of the Courts upon which he

must attend.

Nature of

SECTION I.

The COURTS upon which he is obliged to attend ministerially are the following:

1. The General Commissioners of Oyer and Terminer and Gaol Delivery (b).

2. The Special (c), &c.

3. Court of Quarter Sessions.

His duties before and at and after the Courts are holden, his duties. mainly consist in summoning juries, nisi prius, crown, special juries and viewers; proclaiming the assizes; attending the sittings of the Court; in making his return to the precepts; and

(a) 8 Term Rep. 617; 1 Hale, 597. (b) In reference to civil causes styled "justices of Nisi Prius ;" criminal, " oyer and terminer and gaol delivery." Note-" judges of assise" is in strictness improper, the writ of assize being entirely abolished by the statute of 3 & 4 Will. 4, c. 27, s. 36.

(c) Sometimes, upon urgent occa

sions, the Queen issues a special and extraordinary commission of oyer and terminer and gaol delivery, confined to those offences which stand in need

of iminediate inquiry and punishment, upon which the course of proceeding is the same as upon general commis

sions.

lastly, in carrying into execution the sentence of the law on criminals.

sioners of

oyer and

With regard to the Commissioners of the former Courts, Commisgeneral as well as special, (the nature of their respective commissions extending somewhat too far beyond the proper limits terminer. of our subject,) it is our intention simply to refer in case of need to the following authorities-13 Edw. 1, c. 30; 14 Edw. 3, c. 16; 27 Edw. 1, st. 1, c. 3; 2 Edw. 3, c. 2; 2 Hawk. P. C. chap. 5, 6, 7; Cr. on Courts, 125; 4 Burr. Rep. 2085.

assizes.

By a statute in the reign of his late Majesty, intituled "An Place of Act for the Appointment of convenient Places for the holding of holding Assizes in England and Wales (d)," her Majesty in council is empowered from time to time to direct at what places in any county assizes and sessions of gaol delivery shall be held, and that they may be holden at more than one place in a county on the same circuit, likewise to divide counties for the purpose of holding assizes in different divisions of the same county; and by the last section to direct the Court of Common Pleas at Lancaster to be holden at any one or more places in the county, and to divide the county for that purpose.

Before the Commissioners go upon their respective circuits, Judge's prethey issue their precepts to the Sheriffs, on the receipt of which cept before

the Sheriffs issue their warrants to their bailiffs.

Warrant to Summon Assize (e).

Cumberland, G. A. Esq. Sheriff of the county aforesaid, to T. D., my
to wit.
bailiff, [the bailiff of the liberty of P.], greeting: by
virtue of the precept of Sir James Parke, Knt., one of the barons of her
Majesty's Court of Exchequer of Pleas, and of Sir John Taylor Coleridge,

(d) 3 & 4 Will. 4, c. 71.

(e) The warrant should be issued forthwith, as by the statute of 6 Hen. 6, c. 2, the bailiffs must make their returns to the Sheriffs eight days before the session, upon pain of 401. And as many should be issued as the Sheriffs may think needed for the purposes within mentioned; it should not now, we conceive, be directed to the bailiff of a hundred, but to a bailiff generally, and simply because the jury, by the 6 Geo. 4, c. 50, is to come not from a

going circuit.

Proclamation, how made.

day of

Knt., one of the justices of our lady the Queen, before the Queen herself,
at Westminster, justices assigned to take the assizes in and for the said
county, I command you that you cause to come before the said justices at
C., in the county aforesaid, on the
next coming, all
writs, jurats, certificates, before whatsoever justices to be taken, &c. And
also that you cause to come before her said Majesty's justices, at the time
and place aforesaid, such and so many honest and lawful men of the
county (ƒ) aforesaid, whose names are hereunder written, to do those
things which, on the part of our said lady the Queen, shall be then and
there enjoined them; and command you also, that you make public pro-
clamation in and through the whole county aforesaid (g), that all those
who will prosecute any prisoner in any prison or gaol in the county afore-
said, or at large on bail, that they be then and there present to prosecute
them, as shall be just; and also that you give notice to all justices of the
peace (h), chief constables, coroners, stewards and bailiffs of liberties
within the county aforesaid, that they be then and there with their rolls,
records, indictments and other memorandums, to do those things which in
this behalf shall belong unto them to be done. And further, by virtue of
the several writs of our said lady the Queen to me directed, I command
you that you have before the said justices, at the time and place aforesaid,
the bodies of the several jurors, whose names are hereunder written, to
serve upon the several juries hereunder mentioned (i); and that you
yourself be then there in your own person to attend, do, and perform all
those things which belong to your office: And that you have then and
there the names of the said justices, chief constables, coroners, stewards,
bailiffs of liberties, jurors, &c. Given, &c.
(Seal of office.)

(ƒ) Ante, 219, n. (e).

(g) Proclamation is usually made by advertisement in the newspapers that circulate in the county, and in this form :

C. SUMMER ASSIZES, 183.

HE COMMISSIONS of NISI

TPRIUS, of Oyer and Terminer,

and of General Gaol Delivery for the
County of C., will be opened at the
CROWN COURT, in the City of C., on
MONDAY, the
day of

183, before the Honourable Sir ED-
WARD HALL ALDERSON, Knight, one
of the Barons of our Lady the Queen,
of her Court of Exchequer, and the
Honourable Sir JOHN WILLIAMS,
Knight, one of the Justices of our
Lady the Queen, of her Court of
Queen's Bench, when all Justices of
the Peace, Mayors, Coroners, and
Bailiffs of Liberties within the said
County, and all Jurors, Persons bound
by Recognizance, Witnesses, and
others having Business, are requested
to attend.

G. A., Esq., High Sheriff.
C. 26th June, 183.

G. A., Esq., High Sheriff.

But it may be made in any other mode by placards or otherwise; when inserted in the newspapers it is usually accompanied by the following invitation, but of course this entirely depends upon custom :

HE HIGH SHERIFF of the

T County of C. requests the Ho

nour of the Company of the Gentlemen in the Commission of the Peace, and of those summoned upon the Grand Jury, at DINNER, at the

INN, C. on the inst.; being the Commission Day above proclaimed.

(h) The names of the magistrates may be obtained of the clerk of the peace, with whom they are recorded.

(i) The names of those who have been on the grand jury may be obtained at the office of the former Under-sheriff; as to their numbers, &c. see post, "Grand Jury," it is the custom to summon twenty-three.

To this warrant are annexed

1. Grand Jurors' names.

2. Nisi Prius Jurors' names.

3. Crown Jurors' names.

Cumberland, to wit.

Warrant to summon Nisi Prius Jury.

G. A., Esq., Sheriff of the said county, to T. D. my bailiff, greeting: These are to will and require you immediately upon sight hereof to warn and summon (k) the several persons hereunder named personally to be and appear upon the jury at the next commission of nisi prius [or "of oyer and terminer and general gaol delivery,"] to be holden for this county at the court house at C., on Saturday the next coming, then and there to try the several issues between the parties; and hereof fail not at your peril. Given, &c.

(Seal of office.)

day of

G. A., Esq., High Sheriff.

[Here insert their names, places of abode, and description.]

Warrant to summon Crown and Grand Juries(1).

Proceed as ante to asterisk, and then say, "of oyer and terminer and general gaol delivery, to be holden, &c., then and there to try such matters and things as shall be given them in charge, and hereof fail not at your peril. Given, &c. G. A., Esq., High Sheriff. (Seal of office.)

[Names, &c. as ante.]

Warrant to summon a Special Jury on a View.

Cumberland,

G. A., Esq., Sheriff of the said county, to T. D. my to wit. bailiff, greeting: You are hereby required to warn and summon the several persons undernamed personally to be and appear at the next assizes to be held for this county, on the to try the said cause (m); [and the said persons are desired and requested to be and appear at the house known by the sign of

at

in

at

o'clock in the

and

day of

noon of the same day, where they will be attended by persons, appointed by the Court to show them the premises in question;] and hereof fail not at your peril. Given under the seal of my office, this (Seal of office.)

day of

1839.

G. A., Esq., High Sheriff.

Return of the Assize Precept.

The execution of this precept appears more fully by divers panels to the same precept annexed, and further I have caused to be publicly proclaimed throughout my whole bailiwick, that all who shall prosecute against those prisoners be then and there to prosecute against them, as

shall be just. I have also given notice to all justices of the peace, mayors, coroners, escheators, stewards, and also to all chief constables and bailiffs of every hundred and liberty within my county, that they be then and there, in their own person, with their rolls, records, indictments, and other remembrances, to do those things which to their offices in this behalf appertain to be done, as is within commanded me.

Westmorland,

The answer of G. A., Esq., High Sheriff.

First Panel (n.)

Names of the grand jury to inquire for our lady the Queen.

The Honourable H. C. Lowther, of

Sir G. M., Bart., of E.

&c. &c. &c.

G. A., Esq., High Sheriff.

Second Panel.

7 Names of the jury to try traverses and the prisoners

Westmorland, at the bar.

to wit.

A. B. of

C. D. of

&c. &c.

Summoning officer, G. A.

G. A., Esq., High Sheriff.

Third Panel.

Each of the said jurors is by himself separately attached by pledges.John Doe and Richard Roe.

Westmorland,

to wit.

A. B. of

C. D. of

&c. &c.

Westmorland,

to wit.

Names of the jury to try the issues joined, &c. &c.

Fourth Panel.

G. A., Esq., High Sheriff.

A calendar of the justices of the peace of our lady the Queen, mayors, coroners, bailiffs of liberties and hundreds, and constables of hundreds, in the county of W., summoned to be at the commission of nisi prius and general session of oyer and terminer and gaol delivery, to be holden at in the said county, the