29 V. COURTS OF QUARTER SESSIONS.' 37 HENRY VIII. c. 1.] A bill for custos rotulorum and the 37 HEN. clerkship of the peace. ENGL. [1545.] 37 Henry III. c. 1, sec. 1.] Where before this time the lord chancellor of England for the time being hath by reason of his office of chancellorship, the nomination and appointment of the custos rotulorum within all and every shire of this realm of England and Wales and other the king's dominions, marches, The courts of general or quarter sessions of the peace in Jamaica are of ancient origin, established in the year 1681 on the model of the courts of quarter sessions in England, and continued to the present day, for the trial of felonies and other matters which justices of the peace by virtue of their commission or otherwise may lawfully hear and determine. These courts are held by two or more justices of the peace (of whom one is generally a stipendiary judge, called chairman of quarter sessions, or in his absence the custos rotulorum) in every parish (save the parishes of St. Dorothy and of St. John, which are comprised in the parish or precinct of St. Catherine) once every quarter of a year. Except where qualified by local enactment, their constitution is analogous to that of courts of quarter sessions in England, and the English rules of practice and proceeding are acted upon. These courts are courts of record. The chief officers are the chairman and the custos rotulorum of each parish. And under the custos his immediate deputy, the clerk of the peace of each parish, who is appointed by him. This office of clerk is a freehold office under the statutes 37 Henry VIII., c. 1, and 1 Will. III., c. 21, quamdiu se bene gesserit. Although authority is given to the justices by their commission "to hear and determine," the court is not in strictness a court of oyer and terminer ; and an authority given by statute to a court of oyer and terminer expressly and by name would not extend to the quarter sessions. The jurisdiction of these courts is defined by stat. 34 Edw. III., c. 1, for and in pursuance of the statute, the commission after assigning the persons to whom it is directed, to be her majesty's justices to keep the peace in the parish or precinct, proceeds to define the offences over which the jurisdiction extends. With the exception of perjury at common law, and forgery, and some offences recently exampled by statute, these courts have concurrent jurisdiction, with the courts of assize in all criminal cases not extending to life. Their powers have more recently been defined in England by the proposed act, 5 and 6 Vic., c. 38 (presumed in force in this island), and by local act 6 Vic., c. 14. (Post.) These courts are assisted by a grand and a petty jury. They relieve the courts of assize from numerous trials for misdemeanours. The indictments are prepared by the clerk of the peace, and prosecutions are conducted by him. Counsel occasionally attend, attorneysat-law frequently, for many instances the parties act for themselves. The punishments which can be inflicted by these courts are fine and imprisonment. Sentences are carried into execution by the provost-marshal and his deputy. It is understood that the proceedings of these courts are subject to revision by the supreme court by writ of certiorari. Vide JUSTICES OF THE PEACE. (Post.) VIII. c. 1. 1545. VIII. c. 1. Engl. stat. 1545. 37 HEN. and territories of the same, and that in like manner all and every person which hath had and enjoyed the said office of custos rotulorum, hath had until now of late, the nomination and appointment of the clerk of the peace within such shires where. he or they had and enjoyed the said office of the custos rotulorum. And where, now of late divers and sundry persons within this realm, being not learned nor yet meet nor able for lack of knowledge and learning to occupy and exercise the said office of custos rotulorum, and of the clerkship of the peace, have of late years by labour, friendship and means, attained and gotten for term of their lives, of the king's majesty, several grants by his highness's letters patent to them made of the said clerkships of the peace; by reason whereof and for that the parties to whom the said several grants have been so made and granted have not been sufficiently learned to exercise and occupy the same office and offices, many and sundry indictments. as well of felony, murder, and other offences and misdemeanours, and the process awarded upon the same indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said indictments, and sometime by reason of the embezzelling or razure of the same indictments, but also divers and sundry bargains and sales of divers and sundry manors, lands, and tenements, had and made between party and party, have been made frustrate and void for lack of sufficient enrollment of the same bargains and sales to be had and made by the clerks of the peace to the great hindrance of justices and to the disinheritance of divers of the king's most loving subjects. A custos rotulorum shall be appointed in every writ under the king's hand. 2. For reformation whereof, and to the intent that justice may be the better hereafter preferred and that the same office may hereafter be occupied and exercised by such persons learned in the law of this realm as shall be able to exercise and apply the same, Be it enacted, that no person or persons shall from henceforth be nominated and appointed to the said office and offices of the custos rotulorum within any shire of this realm of county by England, Wales, and other the king's dominions, marches, or territories of the same; but such as shall have a bill signed with the king's hand for the same, which bill signed shall be a sufficient warrant by the authority above said, to the said lord chancellor of England, and the lord keeper of the great seal for the time being to make from time to time commission or commissions, assigning and authorizing thereby the same person to the custos rotulorum until the king hath by another bill assigned with his own hand, appointed, and ordained one other person to have, occupy, and exercise the same office of the custos rotulorum, and that the said person appointed and assigned to be custos rotulorum as is above said shall and may occupy, exercise, and enjoy the same office of the custos rotulorum, by himself or by his sufficient deputy learned in the laws of this realm, and meet and able to supply the said office accord- 37 HEN. ing to the terms of the said grant or commission.1 4 EDW. VI. c. 1.] An act that the Lord Chancellor or Lord 4 Keeper for the time being shall name and appoint the custos rotulorum throughout all the shires of England according or in time past hath been accustomed. ENGL. [1548.] VIII. c. 1. Engl stat. 1547. c. 1. EDW, VI Engl. stat. 1548. rotulorum may be assigned by chancellor, and not by 4 Edw. VI. c. 1, sec. 2.] Since the making of which statute 37 The custos Henry VIII. c. 1 [ante], divers and many persons being in the said offices of custos rotulorum in divers shires of the realm, the lord have departed this present life and died, so that there hath not come to the hands of the chancellor of England or lord keeper the king." of the great seal, any bill or bills assigned with the king's majesty's hand, for the naming, appointing or assigning of any new custos rotulorum, in the same shires, the said offices have remained void for a long time to the great let of justice, and also for that it shall be very tedious, and much to the molesting of the king's majesty upon every avoidance of such custos rotulorum by death or otherwise to move his majesty for the signing of bills for other persons to be elected, named, chosen, and appointed to supply the said office of custos rotulorum being void; and for that the nomination and appointing of the said office of custus rotulorum long time before the making of the void statute last before rehearsed, did appertain and belong to the office of the chancellor of England or lord keeper of the great seal for the time being. chancellor, appoint the custos lorum in atos rotu every shire. 3. The chancellor of England or lord keeper of the great The lord seal for the time being, shall at all time and times hereafter and &c., shall from time to time, without any bill or bills, to be assigned with the king's hand, name, elect, assign, and appoint such person and persons to be custos rotulorum within every shire of this realm of England, Wales, and other the king's dominions, marches, and territories of the same or by any of them as by the discretion of the said lord chancellor or lord keeper of the great seal for the time being shall be thought able and meet to exercise the same. And the said person and persons so to be appointed and elected, named or assigned by the said lord chancellor or lord keeper of the great seal for the time being shall and may occupy, exercise and enjoy the same office of custos rotulorum by himself or by his sufficient deputy or deputies in as ample and large manner and form as if the said act had never been had nor made; the before rehearsed act, or any thing therein contained to the contrary hereof in anywise notwithstanding. exercise his 4. Provided always, that all such as now have any of the Custos may offices of custos rotulorum, by the king's letters patent or Vide CLERKS OF PEACE. (Post.) office by himself or his deputy. c. 1. 1548. 4 Ecw. VI. commission to them or any of them made, shall and may enjoy, Engl. stat. have, and exercise their said offices by virtue of the same letters patents or commission by himself or his sufficient and able deputy instructed in the laws of this realm any thing in this present act had or made to the contrary notwithstanding. c. 21. 1 WM. III. 1 WILL. III. An act for enabling Lords Commissioners Engl. stat. for the Great Seal to execute the office of Lord Chancellor or Lord Keeper. 1688. Custos rotu to be chosen. ENGL. [1688.] 1 Will. III. c. 21, sec. 4.] The nomination and appointing of lorum, bow the custos rotulorum throughout all the shires and counties of this realm, is and shall be as is directed by the statute 37 Henry VIII. c. 1 [ante], any law, usage, or statute, to the contrary in anywise notwithstanding. 37 Hen. VIII. c. 1. 12 RICH. II. c. 10. Justices of Sessions. 12 RICH. II. c. 10.] How many justices of peace there shall Engl. stat, be in every county, and how often they shall keep their sessions. ENGL. [A. D. 1388.] 1388. peace. The judge and ser 12 Rich. II. c. 10.] In every commission of the justices of the peace there shall be assigned but six justices with the justices of assises, and the said six justices shall keep their sessions in every quarter of the year at least, and by three days, if need be, upon pain to be punished [according to the direction of the king's council] at the suit of every man that will complain : And no steward of any lord shall be assigned in any of the said No' associa commissions; and no association shall be made to the justices of tices of the peace after their first commission; and it is not the intent of this statute, that the justices of one bench or of the other, nor the serjeants of the law in case that they shall be named in jeants of the the said commissions, shall be bound by force of this statute to attend the hold the said sessions four times in the year as the other commissioners, the which be continually dwelling in the country, but they shall do it when they may best attend it. law shall sessions, but when they may. 2 HEN. V. stat. 1. 2 HEN. V. stat. 1. c. 4.] What justices of the peace must be resident in the same shire, and at what times they must hold their Engl. stat. Quarter Sessions. ENGL. [A. D. 1414.] c. 4. What justices of peace and quorum must be 2 Hen. V. stat. 1. c. 4. s. 2.] The justices of the peace, in every shire named of the quorum shall be resident within the same shire, except lords named in the commission of the neace, resident in and also except justices of the one bench and of the other, the chief baron of the exchequer, serjeants at the law, and the king's attorneys, for the time that the same justices, chief baron, serjeants at the law, and the king's attorney, be intend the same shire. |