SESSIONS. 



SESSIONS. 



duties of their respective flftfff^. coronas, jailers or keepers of 

 of curm-tiou. mcmben or licentiate* of the College of Physician* 

 actually practising, member* of the Royal ' Colleges of Surgeons in 

 London, Edinburgh, or Dublin, and actually |>ractiaing, cert: 

 apothecaries actually practising, officers in the army or nary in full 

 ly, pilots licensed by the Trinity House, masters of vessels in the 

 Buoy and Light sen-ice, pilots licensed by the lord warden of the 

 Cinque PorU or under any act of parliament or charter, household 

 servants of the crown, officers of the customs or excise, sherifiV officers, 

 high constables or parish clerks. 



The justices in sessions have criminal jurisdiction, to be exercised 

 partly according to the rules of cumuion law and partly in a eonr.-c 

 prescribed by different acts of parliament ; they have also juri.-li.-t i"ii 

 in certain civil matters created by different statutes; they have an 

 administrative power in certain county matters; and they have power 

 to fine and iui|>rion fur contempt 



I. The criminal jurisdiction of justices in sessions, according to the 

 course of common law, enabled them to try felonies and those misde- 

 meanors which are not direct. ,1 by any statute to be tried in a sum- 

 mary way. It luu been said that they hod no jurisdiction in cases of 

 perjury and forgery ; but this opinion seems to have arisen from the 

 circumstance that at common law these crimes were only misdemeanors, 

 and the authority of the justices extended only to such misdemeanors 

 as were specially mentioned in their commission, or which came within 

 the description of trespasses ; and though most species of forgery have 

 since been made felony, the opinion that courts of quarter-sessjons had 

 no jurisdiction in cases of forgery was commonly entertained. 



The jurisdiction given by the commission of the peace, in respect of 

 felonies, is expressed in very general terms, and in former times 

 numerous executions for felony took place at the quarter-sessions. 

 The practice during the present and the greater part of the last century 

 was, however, not to try at the sessions persons charged with capital 

 crimes, but to leave them for trial by the judges at the assizes. All 

 questions of this description are, however, set at rest ; for the criminal 

 jurisdiction of justices in general and quarter-sessions is now defined 

 by the 5 & C Viet. c. 38, which enacts " that after the passing of this 

 Act neither the justices of the peace acting in and for any county, 

 riding, division, or liberty, nor the recorder of any borough, shall at any 

 session of the peace nor the adjournment thereof try any person or per- 

 sons for any treason, murder, or capital felony, or for any felony which, 

 when committed by a person not previously convicted of felony, is 

 punishable by transportation beyond the seas for life," or for any of 

 the offences mentioned under the 13 heads contained in the first 

 section of the Act. The second section provides that any judge of the 

 Mipivme courts at Westminster, acting under a commission of oyer and 

 terminer and jail delivery for any county, may issue a writ or writs of 

 certiorari or other process directed to the justices of the peace acting 

 in and for such county, &c., or to the recorder of any court within the 

 same county, commanding the said justices and recorder severally to 

 certify and return into such court of oyer and terminer, &c., all indict- 

 ments and presentments found or taken I y Mich justices or recorder .'!' 

 offences which, after the passing of this Act, they will not have juris- 

 diction to try, and . the several recognizances, examinations, and 

 depositions relative to such indictments and presentments; and, if 

 necessary, by writ or writs of Habeas Corpus, may cause any person in 

 the custody of any jail or prUon, charged with any such oll'ence, to be 

 removed into the custody of the common jail of the county, that such 

 offences may be tried under the said commission. 



Previous to the year 1836 it was in the discretion of the magistrate 

 before whom the depositions were taken, whether he would allow them 

 to be inspected; even the party accused had no right to demand a copy 

 of the depositions, though in cases of treason or felony he was entitled 

 to demand a list containing the names of the witnesses for the prose- 



.. But now all persons held to bail or committed to pr; 

 any offence, may at any time after the completion of the examinations, 

 and before the first day of the sessions (or assizes), require and 1m ,. 

 from the person who has the custody thereof, copies of the exami- 

 nations of the depositions on which they were held to bail or committed 

 to prison, on payment of a reasonable sum for the same, not exceeding 

 three-halfpence for each folio of ninety words. (See 11 & 12 Viet. c. 

 42, s. 27, substituted for the previous provisions of the 6 & 7 Win. IV. 

 c. 111.) 



A prisoner or defendant charged with a felony or a misdemeanor, 

 although entitled to defend himself by counsel, cannot have the assist- 

 ance of counsel to examine the witnesses, and reserve to himself the 

 right of addressing the jury. But if he conduct his defence himself, 

 and any point of law arises which he professes himself unable to argue, 

 the court will bear it argued by counsel on his behalf. 



Where the quarter-sessions act as a court of criminal jurisdiction 

 under the powers given by the commission, and according to thecourse of 

 common law, a writ of error Ues upon the judgment of the sessions to 

 the court of Queen'n Bench, and from that court to the Exchequer 

 Chamber, and ultimately to the House of Lords. By the statute 11 & 

 12 Viet. c. 78, these courts, in common with the courts of Oyer and 

 Terminer and Gaol Delivery, are empowered to reserve quest, 

 law for the consideration of the court of (Criminal Appeal; and by the 



statute 12 ft 18 Viet. c. 45, the powers previously given to judges to 

 order payments by way of reward for the apprehension of certain 

 rs was extended to these courts, the compensation to one person 

 in no case to exceed !<l. 



II. Til.- quarter -iMwdiona have an original jurisdiction in all matters 

 iviuii.'d to be done by two or more justices, except in coses in which 

 a ]>... r in given of appealing to the sessions. 



III. Statutes which give summary jurisdiction to one or more 

 magistrates, in moat cases allow their decision to be brought IH-I 

 sessions by way of appeal. Notice of appeal is generally required, and 

 the court is precluded from entertaining any objections not gp 



in the notice. Subject to this restriction, the case is heard as if the 

 .luiati.m were raised for the first lime. Upon hearing of an appeal in 

 which several counsel are employed, the course of practu 

 this: the senior counsel for the respondent (the party re-i.-tin;; the 

 appeal) states his case in accordance with the decision appealed against. 

 The witnesses and documents in support of that case havh. 

 duccd and examined, the senior counsel for the appellant addresses the 

 court, and then his witnesses are examined. Both counsel for the 

 ippeuant then address the court, and are followed by the 

 for the respondent ; if no evidence is produced on the part of the 

 appellant, the appellant's counsel sum up their case, and tl. 

 spondent's follow. The practice in this respect, however, varies at 

 different sessions. When the case is closed, the order, conviction, or 

 other matter appealed against is confirmed or discharged, according to 

 the view which the majority of the justices present at the mom 

 the decision take of the cose, they being the judges in cases of appeal, 

 both as to the law and the fact. Where, however, questions of dilli- 

 culty in matter of law present themselves upon the hearing of an 

 appeal, the party against whom the sessions decide frequently applic- 

 for leave to state a special case for the decision of the court of Qm < -n '.-. 

 Bench : the majority of the justices may either grant or reject tins 

 application ; and if no special cose be stated, the judgment of the 

 quarter-sessions upon an appeal, or upon any other matter in whieh 

 they proceed in a course prescribed by statute, different from the 

 course of the common law, cannot be reviewed by any other 

 The stat. 12 & 13 Viet. c. 45, has amended the procedure in < 

 of quarter-sessions, by prescribing uniformity of time for giving 1 1 

 of appeal ; by conferring extensive powers of amendment ; a large 

 discretion as to costa; and by enabling them to refer matters to 

 arbitration. 



IV. The quarter-sessions have jurisdiction over the appropriation of 

 the county stock, an annual fund raised principally by county rates. 

 This part of the business of the court is usually disposed of before any 

 other, and in practice the first day of the sessions is generally ex- 

 clusively devoted to what is called " the county business." 



V. In common with other courts of record, justices of the p 

 whether assembled in sessions, or sitting as individual magistrates, may 

 vindicate their authority by fining and imprisoning for contempt 

 superior court can inquire into the existence or non-existence of the 

 fact which has been so treated as a contempt, or into the reason.il>!. 

 ness of the fine imposed or imprisonment awarded. The court of 

 quarter-sessions has, however, no power of punishing conteinj 

 other offences committed by one of their own body. 



The justices being assembled iu sessions elect a chairman. A 

 panel, or list of persons returned to serve on the grand-jury, being 

 called over, twenty-three, if so many appear, are sworn to inquire of 

 the truth of the matters which will be brought before them, and not 

 to disclose what is brought before them. If twenty-three do not 

 appear, the court may proceed with a smaller number; but n 

 can be done by the grand-jury without the concurrence of twelve of 

 its members, and it is not usual to take less than thii: 

 twelve may be mvorn, if, after waiting a reasonable time, more . 

 attend. Those persons in the panel who do not answer to their 

 names are liable to be fined ; and where it is thought . 

 ensure full attendance in future, the whole p.iiiol is called over for the 

 |jui|.M.-eof discovering and punishing all the defaulters. The grand- 

 jury being sworn, the royal proclamation against vice and immorality 

 is read by the clerk of the peace. The chairman delivers his charge to 

 the grand-jury, in which, as he is in possession of the depositions 

 taken when the prisoners were committed, he calls their atteni ; 

 such cases as appear to present any difficulty, and explains such i 

 of law as are necessary for their guidance. The grand- jury then 

 retire to their room to receive such bills of indictment as may be 

 brought before them. 



When the business of the sessions is such as to be likely to occupy a 

 considerable time, it is usual to appoint a second chairman to ] 

 in a separate court, under the authority of the 21 & 22 Viet. c. 73, 

 substituted for previous provisions fcr the same purpose. The bills 

 of indictment on parchment, with the names of the witnesses indorsed 

 thereon, are taken to the grand-jury, who call in, swear, and examine 

 the witnesses in succession, no other person being present. T! 

 animation being concluded, if a majority consisting of not less than 

 twelve are of opinion that the charge is supported by the evidence, the 

 bill of indictment is indorsed "a true bill," or the indorsement may 

 state that the bill is true in such and such parts, and not true iu . 

 or the grand-jury may themselves strike out or alter any part a 

 bill, and return it in its corrected form as a true bill generally. If a 



