Sessions, whose determination therein shall be 

 final, if no title to any land, royalty, or fishery, 

 be therein concerned" 2 Burn 259. 22 & 23 

 Charles II. c. 25. s. q. 



Again, " If the defendant, when put on his 

 defence, set up a claim to the thing he is ac- 

 cused of taking, or destroying, and there is 

 any pretence or colour for such right, the justices 

 ought to acquit. 1 Burn 572. Rex. v. Speed. 

 Lord Raymond's Reports, Vol. i. 583. 



The justices, therefore, even at their Quarter 

 Sessions cannot try a Prescription* or any other 

 case where a question of title arises. Nay, even 

 if a grant was produced, it would be equally 

 incompetent for them to decide the question, 

 as the validity, or resumption of that grant 

 may be disputed, and be the issue between the 

 parties. If, therefore, they cannot try such a 

 right at their Quarter Sessions, it is absurd to 

 suppose they could legally decide it, in a sum- 

 mary manner, at their Petty Sessions. 



It has lately been the practice of some of the 

 country magistrates, (for in London and Mid- 

 dlesex, no such practice prevails) of excluding 

 professional gentlemen from attending on any 







