GENERAL QUARTER SESSIONS OF THE PEACE, Described, and its jurisdiction stated, 63 Words in statute "general or quarter sessions," mean quarter sessions as Is not of inferior jurisdiction, 63, 64, 73; see 377 Is a court of oyer and terminer, but not for all purposes, 64 Act limiting and fixing its criminal jurisdiction, 157; see 235, and JURISDIC- TION In Middlesex have a special commission of oyer and terminer; see MIDDLESEX Are judges of record as to granting restitution in forcible entry, 377 Are judges of facts to exclusion of queen's bench, 751 At what times county quarter sessions are directed by statute to be held, 64, 941 Easter sessions, how moveable, 66 Held in whole week after day fixed if it fall on Sunday, 66, 67 When holden in London and Middlesex, 67, 61, 62 When holden in Westminster, 67, 68 Form of precept to sheriff for summoning, 68 Form of warrant of sheriff thereon, 69 Form of his return to process for summoning, with Panel of grand and petty When may discharge parties arrested on civil process, 100 Style and caption of, 71 Caption of, adjourned, id. Caption of, in borough need only name the recorder, 71 Hour and formality of assembling, 168; see JURISDICTION Duration of, 74 Court may alter their judgments during, but not afterwards, 74, 620, 933 When session lost by absence of justices, 74 Whether a general session held subsequently for general purposes is good as a Considered in law as one day, id., 620, 933 Adjournment of, and adjourned sessions, 74, 76 Forms of entries of adjournments of, 655 Places of holding, for counties, 76 May fine or commit for contempts, 99 But cannot attach for contempt, id. In boroughs having grants of separate courts of quarter sessions; see BOROUGHS Proclamation of, id. Statutes directed to be read, 169 Oaths, &c. id. Registering dissenting places of worship, 170 Certifying dissenting teachers at, id. Calling over constables at, 122, 169 May transmit indictments to assizes without certiorari, when, 160 Dividing, 185 Indicted party bound by recognizance to appear at, has all the sessions to appear Course of hearing business at, 186 How adjournment of, should be made; see ADJOURnment Record and minute book of, 520 Termination of, 933 Reference by, to judge of assize, or to queen's bench in cases of appeal; see Have no such reference to queen's bench on indictments, 458 GENERAL QUARTER SESSIONS OF THE PEACE-continued. Subsequent removal, how affected by their confirming or quashing order of re- Must find facts, with the conclusion they draw from them, not evidence of Finding of, on facts, will conclude that court, 937, 939, 943 Special order of, is quasi special verdict, 937 Excess of punishment by, is error, 577 Miscellaneous matters within their jurisdiction: viz. Chapels of dissenters and Roman Catholics, 170, 1030 County rates, 1032 Appeals against them, 1033 Notice of appeal, 1034 Hearing of appeal, 1035 Judgment and costs of appeal, id. Effect of certiorari on, id. Inspecting, 1036 Form of indictment for severing and stealing from house, 271 GRAMMATICAL ERRORS, 195 GRAND JURY AT GENERAL AND QUARTER SESSIONS; see JURORS, At quarter sessions have same qualifications as petty jurors, 127, 171 Secus, at assizes, 134 By what process summoned, id. Calling their names at sessions, 171 How party accused may object to them for being aliens, idiots, attainted, id. Reforming panel of, containing improper persons, id. How parties claiming to be exempted should apply, id. Number sworn, not less than thirteen nor above twenty-three, 172 Form of oath administered to, id. Chairman's charge to, id. Calling witnesses who are to give evidence before, 173 They must be sworn in court, 174 Contumacy in refusing to be sworn to give evidence before, 146 GRAND JURY AT GENERAL AND QUARTER SESSIONS-continued. How bills delivered to, 174 Duties of, 175 In central criminal court, 178 Jurisdiction is confined to offences completed within their county, &c. of, 177 ; Offences on borders of counties, or begun in one, and completed in another, 181 Receivers of stolen goods, embezzlement, 182, 183 May by statute find bill in offence committed in another county, 183 Mode of sending accomplice before them, 174 Deliberation of, 183 Secrecy of, id. Sitting in open court, id. Larceny in one county or part of kingdom, and carrying stolen goods into May allow prosecutor or attorney to marshal evidence adduced before them, 183 Form and manner of finding and throwing out bill, 184; see 228 May find a bill on one or more counts, and throw it out on others, but cannot Discharging and re-assembling them, id. Court may order a second to be convened and sworn, id. Prosecutor must not depart without leave till after discharge of, 174 Form of their presentment in indictment, 187 Discharging prisoner, if bill thrown out, 185; see 174; see JUDGMENT and DISCHARGE Should not be on petty jury, 487 GUARDIANS, Of poor, describing, in indictment, 215, 256 Of union, &c. distinguished from guardians of parish, Addendum to 734 GUEST, At inn, 264, 244 GUILTY KNOWLEDGE, Must be made out by prosecutor, 503, 514, 877 In receiving stolen goods, 299 In coin offences, 343, 345 HABEAS CORPUS, 587 Where certiorari taken away, 951 HABEAS CORPUS AD TESTIFICANDUM, How obtained and served, and its form, 148, 149; see 145 HACKNEY, Carriage, 240 HAIR; see ASSAULT HALVES OF BANK NOTES, Describing, 259 HANDWRITING, HARBOURING, HARD LABOUR, First introduced by 5 Ann, c. 6 (A.D. 1706), 7 Ad. & E. 505 HAULM, 253 HAYWARD, 372 HEARING, Of appeal, what, 648 HEARSAY EVIDENCE, Not admissible, 517 HERALD AND BOOKS, 523, 203 HIGH CONSTABLE; see CONSTABLE HIGHWAYS; see NUISANCES TO HIGHWAYS Queen's highway, why so called, and varieties of, 396 Dedicating to public, id. No dedication can be to a limited part of public, 398 Special sessions for, 15, 38 Surveyors of, annually elected in vestry on 25th March, 39 District surveyor, and forming parishes into districts, 40, 1040 Surveyor's yearly return of state of roads, bridges, &c. &c., 41 Lands given to maintain, how may be let, 42 Materials, id. Parish bounds passing across or through middle of, 44, 410 Proceedings at special session if highway out of repair, id. Justices may direct indictment where obligation to repair is disputed; the costs Roads newly made or continued by inclosure commissioners, 48 Applying highway rates to repair turnpike roads, id. Process against a parish on indictment for not repairing, 229 Set out by inclosure commissioners when adopted by parishes, 400 Nuisance to, by not repairing, must be stated ad commune nocumentum; see Where bound to repair road in one county, ratione tenure of land in another; Widening, 411 Narrowing, 417 Pulling down house or stall erected on, or ruinous near, 417 Plea of liability to repair ratione tenuræ or clausuræ, id. Forms of indictments for not repairing, or for obstructing park and prime way, New system of stopping and diverting, 861; see 38 Application to justices by vestry or private person in order to stopping high- View of highway by justices, id. Notices of diverting or stopping it, id. Certificate of justices, that proposed new highway is nearer, or more com- Lodging certificate, plan, &c. with clerk of peace, enrolling and inspecting Including different highways in one order or certificate, 864 Quarter sessions may confirm certificate for diverting more highways than one, Appeal against such certificate by parties grieved, by stopping or diverting the Ten days' notice of appeal to surveyor, 865 HIGHWAYS-Appeals-continued. Jury to determine whether new way is nearer or more commodious to pub- Costs in such appeals, 866 Where no appeal is made, or if appeal dismissed, old way may be stopped by But not till the new one is in repair, except the old one be useless, 867 HIRING, Fraudulent, in order to steal; see LARCENY HIRING AND SERVICE, Settlement by; see SETTLEMENT OF POOR HOLDING OVER LANDS, Regaining possession by landlord, 379 HORSE, Stealing, 157 When taking away a horse after dealing for the sale or hire of him may amount Taking, in order to ride a journey, 247 Killing, to prevent identification, is larceny, 247 HOUR, Of committing offence, 208 HOUSE-BREAKING, Offence described, 261 Indictment for, and punishment, 262 Building broken must be a permanent one, 263 What user constitutes a dwelling-house, id. House divided into chambers, work places, shop part, and dwelling part, id. House within curtilage, 264 Local description of house necessary in indictment, 265 Breaking a house may be actual or constructive; instances, id. 266 Entry, what, 266 Need not be simultaneous with breaking, id. Taking, though momentary, must be actual, id. May be charged, though entry was by night, id. Breaking and being in a dwelling-house with intent to steal goods is a mis- HOUSEHOLDER, 430 HOUSE OF CORRECTION, Keeper of, to attend session; see IMPRISONMENT, JUDGMENT AND DIS- CHARGE And to deliver calendar to justices of persons committed to his custody, 120 Accused may be committed to, before trial, 119 As well as after conviction, 120 HUNDRED, Liability of, to repair bridge, 412 HUSBAND AND WIFE; see WIFE Instances of their identity, in law, 195 Not witnesses for or against each other, except in injuries inflicted by one on Wife not witness for prisoner indicted with her husband, id. |