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Barnewall and

(King's Bench.)

Adolphus's reports

Barnewall and Alderson's reports (K.B.)
Barnewall and Cresswell's reports (K.B.)
Bail Court reports, by Saunders and Cole.
Bingham's reports (Common Pleas.)
Burrow's reports.

Carrington and Payne's reports (Nisi
Prius.)

Campbell's reports, (Nisi Prius.)

Carrington and Kirwan's reports (Nisi
Prius.)

Carrington and Marshman's reports
(Nisi Prius.)
Cowper's reports.

Cox's Criminal Cases.

Dowling and Ryland's reports.

Dalton's Justice of the Peace.

Dearsley's Crown Cases.

Denison's Crown Cases.

Dickinson's Quarter Sessions.

Dowling's reports.

East's reports.

Foster's Crown Law.

Hawkin's Pleas of the Crown.
Keble's reports.

L. J., Q. B., C. P., Ex. or M. C Law Journal reports, Queen's Bench,

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Common Pleas,

Magistrates' Cases.

Leach's Crown Law.

Exchequer,

Lord Raymond's reports.

Maule and Selwyn's reports.

M'Clel. and Younge's reports.

or

Meeson & Welsby's reports (Exchequer.)
Modern reports.

Moody and Malkin's reports (Nisi
Prius.)

Moody and Robinson's reports (Nisi
Prius.)

New Magistrates' Cases.

New Sessions Cases, by Carrow, Ham

merton, and Allen.

Paley on Convictions.

Queen's Bench reports, by Adolphus

and Ellis (New Series.)

Saunders's reports.

Shower's reports.

Strange's reports.

Taunton's reports.

Term Reports, Durnford and East.

S

The Practice

OF

MAGISTRATES' COURTS.

CHAPTER I.

THE VARIOUS KINDS OF MAGISTRATES' COURTS-PETTY AND SPECIAL SESSIONS-QUARTER SESSIONS-CLERK TO THE JUSTICES.

WHEN we reflect upon the facts, that over many hundreds of classes of cases the justices of this country have exclusive jurisdiction; that with respect to every indictable offence they have powers of preliminary investigation; that, in fact, at least three-fourths of the legal litigation of this empire comes under their supervision; the importance of clearly ascertaining the practice and modes of proceeding adopted by them in the various courts in which they preside is too obvious to need being enforced.

Notwithstanding, however, the vast scope of the authority of the magistracy and the great variety of the duties they have to fulfil, the practical proceedings to be adopted with the view to working out their functions are comparatively simple and easy.

With the office and personal duties of the magistracy it is not the purpose of this work to deal, otherwise than as they incidentally arise with reference to the course of practice to be pursued before them; it being the design of the following pages to treat of the

B

practice of the magistrates' courts as we find these courts established, and not to inquire into the origin or functions of the authorities who preside in them.

Courts, then, in which the justices sit to administer the law are established throughout the country, and may be arranged into three classes: first, courts of petty sessions; second, courts of special sessions; and third, courts of quarter or general sessions.

Courts of Petty Sessions.]-Courts of petty sessions are those local assemblages of justices which are periodically held for the transaction of the business arising within such locality. For the convenience of all parties the various counties have long been parcelled into petty-sessional divisions; for although the jurisdiction of every justice is co-extensive with the limits of the county or riding for which he is appointed, and so (unless excluded jurisdiction by the terms of some statute) he may act in every part of it, it has been found convenient in practice to parcel out each county into districts, and to confine the administration of the law arising within such districts respectively to those justices alone who are resident within their limits. Many acts of Parliament have expressly enacted that the justices resident within a particular division only shall have jurisdiction; but even where this is not so, it is usual in practice for the justices residing in each division to confine themselves to the business of such division only. The statutes in force regulating the constitution and mode of forming petty sessions, are the 8 Geo. 4, c. 43; 6 Wm. 4, c. 12; 12 Vict. c. 18; and the 5 & 6 Wm. 4, c. 76, s. 100.

Time and place of Meeting.]-The time and place of meeting are entirely in the discretion of the justices of the division themselves. The place is usually the town-hall of the borough, if the division comprise a municipal borough, or some well-known building in the division in other cases; and the time is generally fixed at some certain and convenient hour of the day,

so as to enable parties to assemble from a distance. These meetings are regulated by the usual quantity of business to be transacted; in some divisions taking place every day in the week, in others less frequently.

It may here be observed, that notwithstanding it is desirable and usual for justices to act where they can conveniently do so in concert with each other at petty sessions, it is quite competent for any individual justice (except where specially provided against) to act alone and at any place within his jurisdiction, even at his own private residence; and cases of emergency will sometimes arise when it will be convenient and proper for him to do so.

Special Sessions.]-Special sessions, or special petty sessions as they are sometimes called, are those special meetings of the justices of a division held in pursuance of some particular act of Parliament for the transaction of some peculiar business, such as for licensing alehouses and other establishments, hearing appeals, &c.; and in respect of these sessions it is necessary (except where it is expressly dispensed with by statute) that a notice should be duly given to each justice in the division, of the time and place of the sessions and of the particular business to be transacted. The number of the sessions, the notices to be given, and occasionally the exact time of holding them, are usually provided for by the act of Parliament directing such sessions to be held.

The Justices' Clerk.]-No description of these courts would be complete without alluding to the clerk to the justices-occasionally called the clerk of petty sessions. This person is appointed by the justices of each division and holds his office during pleasure: (Ex parte Sandys, 4 B. & Ad. 863.) As regards the county justices, there is no express statutable authority directing his appointment, though such a functionary is frequently referred to in acts of Parliament, and the legislature has provided for his remuneration, and has in many cases directed certain duties to be performed by him.

The

duties, however, of justices are so varied, and in connexion with them there is so much of a professional and formal description, that no bench could possibly act for a single day without the assistance of such an officer. Under the Municipal Corporations Act (5 & 6 Wm. 4, c. 76, s. 102), the justices of every borough, under that act to which a separate commission of the peace is granted, are required to appoint a fit person to be clerk to such justices. The clerks to the metropolitan police courts are appointed by the Secretary of State.

To this functionary appertains the duty of seeing that the entire machinery of the court of petty or special sessions is kept in due working order. To him both the justices and the suitors naturally look for the perfecting of all arrangements necessary for the due. conduct of business. To him will the justices naturally look for advice upon all points involving either dif ficulties of law or practice; and to him also will the suitors apply in most of those instances where the proceedings are merely of a formal or routine description. To enter more particularly into the character of his duties is here unnecessary. Such of them as require further explanation will be elucidated as they arise incidentally hereafter.

Courts of Quarter Sessions.]-Courts of quarter sessions are those courts held in every county four times in each year for the trial of certain classes of criminal offences, for the hearing of appeals, &c., and for the regulation of such county matters as are entrusted to the superintendence of the justices at large. These courts have a very extensive criminal and civil jurisdiction; by far the greater portion of indictable offences being triable in them. They are held at certain wellknown places, and their periods of being held are fixed by the 1 Wm. 4, c. 70, s. 30, which enacts that they shall take place respectively in the first week after the 11th October, the first week after the 28th December, the first week after the 31st March, and the first week

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