Изображения страниц
PDF
EPUB

8. [The Court of General Quarter Sessions of the peace, is a court that must be held, in every county, once in every quarter of a year (s):] and by statute 11 Geo. IV. & 1 Will. IV. c. 70, s. 35, the quarter sessions are appointed to be held in the first week after the 11th day of October; the first week after the 28th day of December; the first week after the 31st day of March; and the first week after the 24th day of June (t). before two or more justices of the whom must be of the quorum (x). statute 34 Edw. III. c. 1, extends] in general [to the trying and determining of all felonies and trespasses whatsoever,] committed within the county; [but it has never been usual to try there any greater offences than small felonies; their commission providing that if any case of

(s) 4 Inst. 170; 2 Hale, P. C. 42; Hawk. P. C. b. 2, c. 8. As to the origin of this court, see Harding v. Pollock, 6 Bing. 30. This court is called "the general quarter sessions of the peace," when held quarterly; when held otherwise, "the general sessions of the peace." (See R. v. Justices of Carmarthen, 4 B. & Ald. 291.) As to the general sessions of the peace in Middlesex, see 7 & 8 Vict. c. 71, ss. 2, 3; 22 & 23 Vict. c. 4, s. 4.

(t) By 4 & 5 Will. 4, c. 47, however, after reciting that in some counties of England and Wales the time usually fixed for holding spring assizes interferes with the due holding of the quarter sessions, in the first week after the 31st of March; and that though the justices have authority to hold general sessions of the peace at other times of the year, besides those specified in 11 Geo. 4 & 1 Will. 4, c. 70, such sessions are not quarter sessions within the intent of various Acts of parliament, which

This court [is held peace (u); one of Its jurisdiction, by

give jurisdiction to the justices of the peace in their quarter sessions, or in their general quarter sessions, -it is enacted, that to prevent the interference of the spring assizes with the April quarter sessions, the justices of the Epiphany sessions may, (if they see occasion,) name two of their body to fix some day for holding the next general quarter sessions, not earlier than 7th of March, nor later than 22nd of April.

(u) As to justices of the peace generally, vide sup. vol. 11. p. 663 et seq.

(x) As to the powers of the justices, to divide themselves into several courts of sessions of the peace for dispatch of business, see 7 Will. 4 & 1 Vict. c. 19, s. 4; 14 & 15 Vict. c. 55, s. 15; 21 & 22 Vict. c. 73, ss. 9-11. See also 1 & 2 Vict. c. 4, to remove doubts as to the legality of summoning juries for the trial of prisoners at adjourned quarter sessions.

[difficulty arises, they shall not proceed to judgment, but in the presence of one of the justices of the courts of Queen's Bench or Common Pleas, or of one of the judges of assize (a) and therefore murders, and other capital felonies, have been usually remitted for a more solemn trial at the assizes.] And now it is expressly provided, by statute, that the justices of any county shall not at any general or quarter sessions, try any prisoner for treason, murder or capital felony; nor for any felony, which when committed by a person not previously convicted of felony, is punishable with penal servitude for life (b); nor for any of the particular offences enumerated in 5 & 6 Vict. c. 38 (c). They are also so restrained from trying persons charged with fraudulent practices, as agents, trustees, bankers or factors under the Larceny Act of 1861 (d). Neither can they [try any newly-created offence, without express power given them by the statute which creates

(a) By 11 & 12 Vict. c. 78, this court may reserve any question of law for the consideration of the judges.

(b) See 4 & 5 Vict. c. 56; 5 & 6 Vict. c. 38; 20 & 21 Vict. c. 3.

(c) These are,-1. Misprision of treason. 2. Offences against the queen's title, prerogative or government, or against either house of parliament. 3. Offences subject to the penalties of præmunire. 4. Blasphemy and offences against religion. 5. Administering or taking unlawful oaths. 6. Perjury and subornation of perjury. 7. Making or suborning false oaths, &c., punishable as perjuries or misdemeanors. 8. Forgery. 9. Maliciously firing corn, grain, &c., wood, trees, &c., or heath, gorse, &c. 10. Bigamy, and offences against the laws relating to marriage. 11. Abduction of women and girls. 12. Concealing births. 13. Offences against the bankrupt laws. 14. Se

ditious, blasphemous, or defamatory libels. 15. Bribery. 16. Unlawful combinations and conspiracies, with certain exceptions. 17. Stealing, &c., records, &c. 18. Stealing, &c., bills, &c., and written documents relating to real estate.

Courts of general or quarter sessions are also restrained, by 9 Geo. 4, c. 69, from trying the offence of three or more persons pursuing game by night. They were also prohibited by 9 & 10 Vict. c. 25, from trying any of the offences (chiefly falling under the class of malicious injuries to property) made punishable by that Act. It is to be observed, however, that the 9 & 10 Vict. c. 25, is repealed by 24 & 25 Vict. c. 95, and that no prohibitory clause is inserted in the 24 & 25 Vict. c. 97, the Malicious Injuries to Property Act, 1861.

(d) 24 & 25 Vict. c. 96, s. 87.

[it (e). But there are many offences and particular matters, which by particular statutes belong properly to this jurisdiction, and ought to be prosecuted in this court,-as the smaller misdemeanors] and felonies; [and especially offences relating to the game, highways, ale houses, bastard children, the settlement and provision for the poor, servants' wages, and apprentices (f). Some of these are proceeded upon by indictment;] others by way of appeal from the orders or convictions of justices out of sessions (g); [and others in a summary way by motion and order thereupon;] which orders of the court of quarter sessions may for the most part, unless guarded against by particular statutes, be removed into the court of Queen's Bench [by writ of certiorari facias (h); and be there either quashed or confirmed (i).] But the removal of an indictment from the sessions, can (as we have seen) only take place under certain circumstances (j). [The records or rolls of the sessions, are committed to the custody of a special officer, denominated the custos rotulorum; who is always a justice of the quorum (k), and, "among them of the quorum," saith Lambard, "a man for the most part especially picked out either for wisdom, countenance or credit (7)." The nomination of the custos rotulorum is by the royal sign manual; and to him the nomination of the clerk of the peace belongs (m),] an officer who acts as clerk

[blocks in formation]

s. 18. (Hawker v. Field, 1 L. M. & P. 606.)

(j) Vide sup. p. 387; et post, p. 470.

(k) As to the quorum, vide sup. vol. 11. p. 666. (1) B. 4, c. 3.

(m) 37 Hen. 8, c. 1; 1 W. & M. st. 1, c. 21; Harding v. Pollock, 6 Bing. 25. As to the suspension or dismissal of the clerk of the peace, see 1 W. & M. st. 1, c. 21, s. 6. He is to take the custody of such

to the court of quarter sessions, and records all their proceedings.

As regards the county of Middlesex in particular,—it has lately been enacted, by 7 & 8 Vict. c. 71, (amended by 22 & 23 Vict. c. 4,) that there shall be holden for that county two sessions, or adjourned sessions, of the peace in every calendar month; and that the first sessions in January, April, July and October, respectively, shall be the general quarter sessions of the county (n); and that the second sessions in January, April, July and October, shall be adjournments of the general quarter sessions. It is also provided therein, that it shall be lawful for her majesty to appoint a person,-being a serjeant, or a barrister at law of not less than ten years' standing, and in the commission of the peace for the county, and qualified by law to act as justice of the peace,-—to be the Assistant Judge of the said court of sessions of the peace; who shall preside at the hearing of all appeals, on the trials of all felonies and misdemeanors, and all matters connected therewith; and who shall hold his office during good behaviour (o).

documents as are directed to be deposited with him under the standing orders of either house of parliament. (7 Will. 4 & 1 Vict. c. 83; see R. v. Payn, 6 A. & E. 392.) As to the remuneration of this officer, which used to be by fees, but may now, at the discretion of the justices, be by salary, see 14 & 15 Vict. c. 55, s. 9; and see also 18 & 19 Vict. c. 126, s. 18. As to conveyance of land, &c., to the clerk of the peace or treasurer of the county, see 21 & 22 Vict. c. 92. In boroughs having a separate court of quarter sessions, the clerk of the peace to such court is appointed by the council of the borough. (Vide sup. vol. 111. p. 159.)

(") It is enacted by 22 & 23 Vict.

c. 4, s. 4, that every general sessions for Middlesex, shall have the powers, &c., of a general quarter sessions of that county.

(0) In cases of sickness or unavoidable absence, or such occasion as shall be allowed by a secretary of state, the assistant judge may appoint from time to time a deputy. (7 & 8 Vict. c. 71, s. 8.) By 14 & 15 Vict. c. 55, s. 14, the qualification for such deputy is, that he shall be of ten years' standing at the bar; but he need not be in the commission of the peace, as was required under 7 & 8 Vict. c. 71. By 22 & 23 Vict. c. 4, provisions are also made for the appointment of a temporary assistant judge in case of need.

In many corporate towns or boroughs, there is also a court of quarter sessions of the peace; having, in general, the same authority in cases arising within the limits of the borough, as the county quarter sessions within the county (p). But of such court, the recorder of the borough is, by 5 & 6 Will. IV. c. 73, s. 105, to be the sole judge: and he is thereby directed to hold such court once in every quarter of a year; or at such other and more frequent times as in his discretion he may think fit, or her majesty may direct.

9. [The Sheriff's Tourn (q), or rotation, is a court of record,] appointed to be [held twice every year, within a month after Easter and Michaelmas, before the sheriff in different parts of the county: being indeed only the turn of the sheriff to keep a court leet, in each respective hundred (r). This therefore is the great court leet of the county, as the county court is the court baron: for out of this, for the ease of the sheriff, was taken,

10. The Court Leet, or View of Frank Pledge (s); which is a court of record,] appointed to be [held once in the year and not oftener, within a particular hundred, lordship, or manor, before the steward of the leet (t): being the king's court granted by charter to the lords of those hundreds or manors. Its original intent was to view the frank pledges, that is, the freemen within the liberty : who, we may remember, according to the institution of the great Alfred, were all mutually pledges for the good behaviour of each other (u).

(p) 5 & 6 Will. 4, c. 76, ss. 103, 105, 118. As to recorders, and courts of quarter sessions of the peace for boroughs, vide sup. vol. III. p. 159. It is to be observed, that all the restrictions expressed by statute, with regard to the trial of certain offences at general or quarter sessions, mentioned sup. p. 398, in reference to the quarter sessions for

VOL. IV.

Besides this, the preserva

the county, equally apply to these borough sessions.

(q) 4 Inst. 259; 2 Hale, P. C. 69; Hawk. P. C. b. 2, c. 10.

(r) Mirr. c. 1, ss. 13, 16. (s) 4 Inst. 261; Hawk. P. C. b. 2, c. 11.

(t) Mirr. c. 1, s. 10.

(u) Vide sup. vol. 1. p. 129.

D D

« ПредыдущаяПродолжить »