How convened. often if need be." In modern practice, however, it is usual where the pressure of business requires more frequent meetings of justices for the trial of prisoners than once a quarter, to adjourn the sessions to some intermediate day, instead of holding an extra original session, which course is unquestionably legal. (r) A General Session may be convened by any two justices within the jurisdiction, one being of the quorum, or by the Custos Rutulorum and any one justice, but not by the Custos Rutulorum alone, or by one justice alone. (s) The mode of convening such session is by precept addressed to the sheriff, requiring him to summon the proposed session for general purposes, to return a jury, and to give notice throughout his bailiwick to all persons whose attendance is requisite. (t) The clause in the commission by virtue of which this authority is exercised is "that the sheriff shall cause a jury to appear at such days and places as the said justices, or any two or more of them, as aforesaid, shall appoint;" and the reason for this distinction between the mode of summoning Special and General Sessions is apparent; in the first instance, no precept issues to the sheriff, because no jury is required, but only a precept to the high constable to summon the parties whose duties or interests render their attendance necessary in respect of the particular business to be transacted; in the latter, the precept is sent to the sheriff, that he may summon the proper attendants on a court of criminal jurisdiction, under the requisition of the same instrument which gives the power to hold such court. Without such precept to the sheriff no one is bound to attend a General Session; but if the Session is holden after an irregular precept, and the parties necessary to the dispatch of business attend, and the business is regularly transacted, the proceedings will be valid.(u) A precept for a General Session issued by two justices cannot be superseded by other justices, but only by a supersedeas issued out of Chancery. (x) It has been said that two or more General Sessions may lawfully be holden at the same time within the same jurisdiction, on precept issued by different sets. (r) This course was recommended by the law officers of the crown on a case submitted to them in 1815 by the magistrates of Stafford, in an opinion which is given at length in 5 Burn. J. 24 ed. p. 203. n. (a) (s) Lamb. 375. (t) Shaw, J. 174. (u) Lamb. 375, 376; the King v. the Corporation of Ipswich, 2 Lord Raym. 1238. (x) Com. Dig. Justices of Peace (D. 3.) of justices; though service at any one would operate as a discharge of service at the others; (y) but this is very doubtful; (2) and it is certain that if the precepts for such sessions were multiplied wantonly, or for sinister purposes, the magistrates issuing them would be liable to punishment by criminal information in the Court of King's Bench, and their commissions would probably be superseded by the Lord Chancellor. (a) § 5. OF GENERAL QUARTER SESSIONS OF THE PEACE. General Quarter Sessions of the peace are General General Quarter Sessions holden once in a quarter of a year by direction Sessions. of acts of parliament. The 12 Rich. 2. c. 10. directed "the justices to keep When holden. their sessions in every quarter of the year at least, and by three days if need be," but did not specify the periods. By 2 Hen. 5. s. 1. c. 4. these times were specified to be the first week after Michaelmas day, the first week after the Epiphany, the first week after the close of Easter, and the first week after the translation of St. Thomas the Martyr. This is the direction which still generally governs; except with respect to the Michaelmas Sessions, which, by 54 Geo. 3. c. 84. are directed to be holden in the first week after the 11th of October. In the construction of these directions it is said, that if the feast day or day named fall on a Sunday, the sessions are to be holden in the week following. (b) In fact, however, they are holden on different days in different counties, sometimes varying from the directions of the statute of Henry, and are, notwithstanding, as good as Quarter Sessions, for that provision is only directory; and, therefore, if holden once a quarter, according to the general direction of the statute of Richard, they will be valid ; (c) and, in pursuance of the same principle, it has been recently decided that, although the 54 Geo. 3. c. 84. provides that the Quarter Sessions for the Michaelmas quarter shall be holden in the first week after 11th of October instead of the time then appointed for holding the same, this act also is only directory, and the Michaelmas Quarter Sessions may be lawfully holden in another week than that so specified by the statute.(d) Lamb. 377. See the King v. Sainsbury, 4 T. R. 451. and ante, p. 9. (c) 2 Hale, 50. 7 B. and C. 6. Sessions for Jurisdiction of the Sessions. When session lost. The sessions in London and Middlesex are excluded from the direction of the 54 Geo. 3. c. 84; and these are governed by regulations which, in many respects, differ from those which prevail in other parts of the kingdom. In consequence of the large population of these districts, their sessions are, in fact, holden eight times of the year; four as Quarter Sessions, not exactly at the times directed by the statutes, but as near to them as convenience will admit, and the other four as original General Sessions in the intervening periods; and both have equal jurisdiction to take and try indictments, except in cases where, by statute, jurisdiction is given exclusively to the Quarter Sessions. (e) In Middlesex, the justices have a Commission of Oyer and Terminer, under which they act at the time when their sessions are holden. The Sessions for the liberty of Westminster are only holden four times a year, and under a different commission of the peace from those for Middlesex; yet offences committed within the liberty may be prosecuted and determined at the County Sessions; and if a party be bound by recognizance to prefer a bill of indictment and prosecute for an offence at the next Session of the Peace for Westminster, and do in fact prefer a bill at the next Sessions for Middlesex, it is holden to be in compliance with the terms of his recogni zance. As the authority of the court of General Court of Quarter Sessions forms the subject of a distinct consideration hereafter, it is here sufficient to observe that, by 34 Edw. 3. c. 1. it extends to the trying and determining all felonies and trespasses whatsoever; with the exception of new offences created by statute, for which another mode of trial is directed; and the cases of forgery, perjury and usury, (f) which perhaps are not considered trespasses. Besides the matters thus cognizable by the Quarter Sessions as a criminal court, many others have been especially placed within its jurisdiction, of which the principal are such as relate to apprentices, the game, highways, publicans, the settlement and maintenance of the poor, servants, and vagrants. If it happen on the day appointed for holding the sessions that sufficient justices, who we have seen are two, one of whom is of the quorum, do not appear, it has been usual to consider the session to be lost. The magistrates may, indeed, afterwards hold a General Ses (e) Burly v. Watson, 2 Bla. Rep. 1051. The Queen v. Smith, 2 Ld. Raym. 1144. sion for general purposes; but it is not so certain that such session would be good as a Quarter Session in respect of such matters as are expressly made cognizable at a Quarter Session only. (g) The cases which have been supposed to prove that such subsequent session would not be good as a Quarter Session do not establish that proposition, but merely prove that where one original session has been actually holden, a second within the quarter cannot be also good as a Quarter Session. (h) Whether if a Quarter Session be convened, and drop entirely for want of magistrates, a subsequent Quarter Session may be so holden as to operate as a Quarter Session, is a point unsettled, and not likely to arise in the present times. The whole session, though it may in fact continue two Duration of the or more days, is, in point of law, considered as but one sessions. day, all proceedings having reference to the first day of sitting; hence it follows that the justices may alter their Alteration of orders if they see reason to do so after they have promul- orders. gated them, and before the close of the session. (?) But When no judgif, from the justices being equally divided, or any other ment given. cause, no judgment be given, and no adjournment take place, no order can be made on such unfinished case at a subsequent sessions. (k) And, therefore, where there is an equal division, an adjournment should be entered by the clerk of the peace, to enable the justices to resume the consideration of the matter at a future time. (1) The magistrates may adjourn to any day previous to the time oppointed for the ensuing session, and proceed as in the original session. Adjournment. bolden. The justices who issue the precept to convene a Quarter The places Session, may name any place within the county, division, where County riding, or liberty, for which it is summoned, as that where Sessions to be it is to be holden, according to their discretion; and there all officers and suitors of the court will be bound to give their attendance (m). In counties, wherein the situation of the chief town is not central, or the population is very unequally distributed in the different parts, the greatest portion being at a distance from the county town, it is usual, as it is both lawful and expedient, to hold the sessions successively at two or (g) See the King v. the Justices of London, 15 East. R. 632. (h) The King v. Polstead, 2 Strange, 1263; the King v. West Torrington Burr. S. C. 293. (i) Per Holt, C. J. 2 Salk. 607. (1) Id. ibid. (k) Bott. 713. (m) Lamb. b. 4. c. 2.-Dalt. 185. more of the principal places within the county, where proper accommodations for the purpose may be obtained. In other counties, where similar circumstances exist, it is usual to adjourn every session from one quarter of the county to another. County of - Form of a Precept to Summon a Session(n). We, A. B. and C. D. Esqrs., two of the justices of our Sovereign Lord the King, assigned to keep the peace in the county of - aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors committed in the same county, one of us being of the quorum, to the sheriff of the same county, greeting: On behalf of our said Sovereign Lord the King, we command you, that you omit not, by reason of any liberty within your county (o) but that you enter therein, and that you cause to come before us, or some other justices assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, on the day of now next ensuing, at the hour of in the forenoon of the same day, at in the said county, twenty and four good and lawful men of the body of the county aforesaid, then and there to enquire, present, do, and perform, all and singular such things, which on the behalf of our said Sovereign Lord the King, shall be enjoined to them; also that you make known to all coroners, keepers of gaols, and houses of correction, high constables and bailiffs of liberties, within the county aforesaid, that they may be then and there to do and fulfil the things which, by reason of their offices, shall be to be done. Moreover, that you cause to be proclaimed through the said county, in proper places, the aforesaid Session of the Peace, to be holden at the day and place aforesaid, and do you be then there, to do and execute those things which belong to your office. And have you then and there as well the names of the jurors, coroners, keepers of gaols, and houses of correction, high-constables, and bailiffs, aforesaid, as also this precept. Given under our hands and seals at day of in the the in the county aforesaid, year of the reign of When the sheriff shall have received this precept, it becomes his duty to direct several warrants to the bailiffs of liberties and hundreds, containing the substance of it in the following form. {t County ofSP. Q. Esquire, sheriff of the county aforesaid, to G. H. bailiff of the hundred of — in the said county greeting: By virtue of a precept under the hands and seals (n) Imp. Off. Sher. 3d. edit. 252. (o) If there be a liberty, or other franchise in the county, possessing an exclusive jurisdiction, that is to say, a jurisdiction in which the justices of the county at large are prohibited from interfering, it will be proper, as it is usual, to add in this place, (except the liberty of within the same). 4 Chit. C. L. 176. |