ness which awaits their decisions, and these meetings are denominated "petty sessions." The occasions upon which they take place are regulated by the justices themselves, according to the wants and necessities of the locality; thus, in some districts these meetings are held every day, whilst in others it is not found necessary to meet more than once or twice a week, and in all cases the number of justices assembling is immaterial, one justice being, in point of law, as capable of deciding upon any question as a dozen, except where some legislative enactment requires that any given case shall be adjudicated upon by two or more, in which case the legislative provision in this particular must be strictly complied with. It must not, however, from the foregoing observations, be supposed that it is only at such an appointed time and place that it is competent for a justice to act, for although it will be prudent for him, as far as convenient, to act in concert with his brother magistrates and at the petty sessions, yet in many cases it will be proper for him not to admit of the delay attendant upon such a meeting, but to act at once, particularly in cases of charges of indictable offences, on which it may be highly desirable that the party should be either at once committed for trial or discharged out of custody.

sessions.

Special sessions are those particular meetings Special of the justices of a division, held in pursuance of some particular act of Parliament, for the transaction of some special business, such as for licensing ale-houses and dealers in game, settling jury lists, hearing applications under the Highway Act, for hearing appeals against parish rates, &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 matter to be transacted. The number of the sessions, and occasionally the exact time for holding them, is often provided for by the act of Parliament directing such sessions to be held.

'The proper duties of the justices, both at petty and special sessions, will hereafter be considered. It may not, however, be inappropriate here to enforce upon justices the policy of taking advantage of the beneficial enactment of the 12 Vict. c. 18, which we have before quoted, relative to the providing of proper places for the holding of petty and special sessions, since it is of the highest importance that those multitudinous and important duties, which are constantly devolving upon them, should not only be executed with dignity and judgment, but that the place wherein those duties are performed should be in keeping and in character with the importance of the occasion. Sound and impartial justice may undoubtedly be administered in a public-house, but it will unquestionably lose much of its importance in the estimation of the general public by its association with scenes of intemperance and revelry.

CHAPTER III.

THE APPOINTMENT OF A CLERK-HIS FEES.LEGAL ACQUIREMENTS OF JUSTICES.

THE first step necessary to be taken by justices acting in any division of a county is that of choosing a clerk. With the multitudinous and varying duties imposed upon the magistrates of this country, it would be utterly impossible for them to act with advantage to the public or safety to themselves, without the assistance of

some professional gentleman whose legal education has qualified him to undertake the office of adviser, and to whom they can look for advice when matters of difficulty may arise; indeed, such is the technical nature of many of the duties of justices,, that, without such a functionary, no bench of magistrates could go on for a single day together. The Legislature, perceiving the necessity for the assistance of such a party, has made provision for his remuneration, and thus a body of fees has been established out of which the clerk derives his emoluments, and which is the only source from which he is directly paid for his services.

of clerk to

The appointment of clerk to the justices is Appointment entirely within the discretion of the justices the justices. themselves; it rests with themselves alone, and the clerk holds his office at their pleasure, having no freehold interest in it, and being entitled to no compensation upon removal. The clerk will, of course, be selected from that body of professional gentlemen denominated attorneys; and, properly, from some one of them practising in the neighbourhood. As he will have numerous and important functions to perform, arising directly out of the office itself, and not merely as adviser to the justices, and as the magistrates will usually refer to him upon questions of law and practice, looking to him for advice upon all matters of difficulty, and relying upon him to save them harmless from all legal consequences of the steps they may take under his recommendation, it behoves them to exercise a sound and mature discretion in the appointment they make to this office. Indeed, considering the wide range of subjects coming under their cognizance the important interests frequently involved the subtle points of law and nice questions of fact occasionally arising, and the serious consequences to themselves in acting

Appointment of clerk.

without or exceeding their jurisdiction, too much care cannot well be exercised in the selection of a gentlemen from whom so much will be expected, and upon whom so much will devolve.

The office of clerk to the justices being one of no little honour in itself, and, from its bringing the party who fills it into immediate and friendly connexion with the justices and other gentry of the division, one of some influence, it is, independently of the consideration of the remuneration arising directly out of it, and the. indirect advantage from the position it confers upon a member of the profession of an attorney, much desired by even those in its highest walks. No embarrassment, therefore, will at any time arise from a want of candidates; the difficulty will consist in knowing whom to choose as most fitting to fill so responsible a situation, since, in addition to a competent knowledge of the various branches of magistrates' law, and an aptitude for business, it will be right that the clerk should occupy a position in the locality which ensures for him not only the respect of his professional brethren, with whom he will be much brought into contact, but the confidence of the general public, in whose disputes and complaints he will necessarily, to a great extent, be the arbitrator. Combined, therefore, with legal attainments and business-like habits, the gentleman selected as clerk should have a high standing in his profession, and be possessed of those personal qualities likely to ensure and command the respect of all classes of the community amongst whom his services may be required. With such a functionary at all times near them when advice is requisite, the justices will find their duties easy of execution, and their office one in no way beset with anxieties or fears.

It will at once be comprehended how important a matter is that of the selection of a

competent clerk. Relying, as the justices must, in almost every important step they may take upon the learning and practical knowledge of this functionary, no one should be selected in whom they cannot place the most ample confidence, or who will not be looked upon by the suitors themselves with respect and esteem.

The appointment being made, the justices may well leave the mere machinery of their business entirely to their clerk; if he properly comprehend his duties, he will know when and where to call the justices together, what business to lay before them, and how to assist them in all proper ways in its transaction. These duties, as being peculiarly within the province of the clerk, need not be more particularly referred to here; suffice it to say, that in all matters of importance in which any question of law or practice is involved, the justice, if at all in doubt, should seek the advice and recommendation of his clerk, and unless that advice be in open opposition to his own views (in which case he should obtain a higher opinion), he should act upon it without hesitation.

clerk.

The remuneration of the clerk to the justices Fees to the takes place through the medium of certain fees to which he is entitled in respect of the various matters in which his services are required, or in accordance with the 14 & 15 Vict. c. 55, ss. 9, 10, he may be paid by a fixed salary, or by fees and a fixed salary. These fees for the most part are paid by the suitors-never by the justices, and are well ascertained. The 11 & 12 Vict. c. 43, s. 30, provides a mode for the future regulation or alteration of these fees, as occasion may require.

By the recent statute (the 14 & 15 Vict. c. 55) powers are given to justices and others to provide for the payment of the clerk to the justices by a fixed salary in lieu of fees. The 9th section of that statute enacts: