The Clerk of the Peace.

The Clerk of the Peace is styled in the Year Book, "Attornatus Domini Regis."

In counties he is appointed by the Custos Rotulorum, 37 Hen. 8, c. 1 (a). Lambert, in his "Eirenarcha," p. 378,"he is to enjoy his office so long as the Custos Rotulorum keepeth his place." See 37 Hen. 8, c. 1; 1 W. & M. c. 21, ss. 5, 6; and as to dismissal, see 27 & 28 Vict. c. 65.

He is to be "an able person, learned and instructed in the laws of the realm." He will attend the sessions as the deputy of the Custos Rotulorum, and as the officer of the court Lamb. Eiren. 378 (Book 4, c. 3), ed. 1602; Dalton, 185 (ed. 1697).

He must execute his office in person or by sufficient deputy : 1 W. & M. st. 1, c. 21.

There is no objection to his holding a commission of the peace in the same county, acting in both capacities: Forbes v. Lloyd, 10 Ir. R. C. L. Ex. Ch. 552.

When a second court is formed (21 & 22 Vict. c. 73, s. 9) the Clerk of the Peace is to appoint a proper person as his deputy in that court; and the court will make an order for his remuneration.

Where a division of a county has had appointed to it an independent treasurer it then becomes as a separate county: see the Highway Act, 1864, s. 3; and 41 & 42 Vict. c. 77, s. 38; but no provision is made in the Acts as to the nomination of a Clerk of the Peace for such new county." See also the Highway Act, 1862, s. 2.

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In boroughs the Clerk of the Peace is appointed by the town council: 5 & 6 Will. 4, c. 76, s. 58. After appointment he is an officer of the Recorder's Court, holding his office quum diu se bene gesserit, and subject to dismissal by the recorder R. v. Hayward, 31 L. J. M. C. 177; 2 B. & S.

:

(a) 37 Hen. 8, ch. 1, was repealed by 3 & 4 Ed. 6, c. 1, and revived by 1 W. & M., st. 1, c. 21.

As to the appointment of the Clerk of the Peace in Lancashire, see Harding v. Pollock, 6 Bridg. 34; Harcourt v. Fox, 1 Show. 530; in Durham, see 6 & 7 Will. 4, ch. 19; in Yorkshire and Ely, &c., see 6 & 7 Will. 4, c. 87.

Upon his appointment the Clerk of the Peace will make the

following declaration as directed by 1 W. & M. st. 1, c. 21, sec. 9:

"I, A. B., do declare that I have not nor will pay any sum or sums of money or other reward whatsoever, nor have given, nor will give, any bond or other assurance to pay any money, fee or profit directly or indirectly to any person or persons whomsoever, for such nomination or appointment."

585; Reg. v. Carmarthen, 7 A. & E. 756. He cannot act as clerk to the magistrates. As to the removal of clerks of the

peace, see 27 & 28 Vict. c. 65; also R. v. Russell, L. R. 1 C. P. 738; Wildes v. Russell, L. R. 1 C. P. 772; R. v. Evans, 4 Mod. 31; 1 Will. & M. St. 1, c. 21, s. 6.

All writs of mandamus and certiorari may be served upon the Clerk of the Peace on behalf of the justices as their recognised officer: see 43 Eliz. c. 5.

When Quarter Sessions to be holden and where.

The times for the holding the County Quarter Sessions are fixed by 11 Geo. 4 and 1 Will. 4, c. 70, s. 35, as follows, namely:

In the first week after the

11th of October.

28th of December.

31st of March.

24th of June.

The "first week after means the first full week; so that should either of the above days fall on a Sunday, the sessions could not be held before the Monday week following: 2 Hale, P. C. 49. As to those times being directory only, see R. v. Leicester JJ., 7 B. & C. 6; 2 Hale, P. C. 50. By 4 & 5 Will. 4, c. 47, the April quarter sessions may be appointed and held not earlier than the 7th March, nor later than the 22nd April, so that they might not interfere with the holding the spring assizes.

Although it would be inconvenient that the quarter sessions should be held in the same county or borough during an assize, still there exists no law against it. Smith v. R. 13 Q. B. 738; 18 L. J. M. C. 207.

The borough quarter sessions are to be held once in each quarter; but the selection of the time is at the discretion of the recorder: 5 & 6 Will. 4, c. 76, s. 105.

No statute determines the place for holding the county quarter sessions: Dalt. 185. But by common arrangement between the justices, specified places in their county are fixed for that purpose; and the precept summoning the sessions would name the place in compliance therewith. The county justices can only be restrained in making the selection by some local act (a). Jenkins's Rep. 212, pl. 49.

(a) As to the annual general sessions for Lancashire, see 38 Geo. 3, c. 58, s. 2; for Kent see 54 Geo. 3, 104; 37 & 38 Vict. c.

45, provides for the transaction of public business and the administration of justice in the county of Hereford,

The Convening the Sessions.

The county sessions are convened by issuing a precept, under the hands and seals of two justices of the county, or of the custos rotulorum, and one justice, addressed to the sheriff, requiring him to summon the proposed sessions at some day not less than fifteen days from the date of the precept; to return a grand and petit jury; and give notice throughout his bailiwick to jurors, coroners, gaolers, stewards, constables, and bailiffs of liberties, whose attendance is requisite. Dalton, c. 185, gives the form of the precept.

A conflict between justices issuing separate precepts, convening distinct sessions, as spoken of by Dalton, could hardly happen in the present day: the last instance recorded is to be found in R. v. Sainsbury, 4 T. R. 451.

The recorder of a borough issues his precept under his hand and seal, addressed to the clerk of the peace of the borough; and at least ten days' notice must be publicly given of the day for holding the sessions, 5 & 6 Will. 4, c. 76, s. 121.

An irregularity in the precept will not vitiate the proceedings. Lamb, bk. 4, p. 380; see also R. v. Ipswich Corporation, 22 Raym. 1237, 1238.

Preliminary Proceedings.

The court having been opened with the usual form by the crier (a), the proclamation against vice and immorality read, and the grand jury "charged" as to their duties by the chairman or recorder, the court will consider the propriety of constituting a second court, as empowered under 21 & 22 Vict. c. 73, s. 9, as to the county quarter sessions.

By 7 Will. 4, and 1 Vict. c. 19, s. 1, whenever it shall appear to the recorder, or other person presiding at the quarter sessions of a corporate city or town, that the sessions "are likely to last more than three days," a second court may be formed; and the recorder may appoint, by writing under his hand and seal, a barrister, of not less than five years' standing, to preside; but no recorder can

(a) The Court is opened by the crier making the following proclamation:" Oyez! Oyez! Oyez! All manner of persons who have

anything to do at the General (Quarter) Sessions of the Peace for this county draw near and give your attendance.

order such second court, unless it shall have been certified to him before such sessions, under the hands of the mayor, or the hands of two of the aldermen, that the council have resolved that it will be expedient, and for the benefit of the inhabitants, that such power should be exercised; nor unless the name of the barrister proposed to be appointed shall have been approved by the Secretary of State (a).

The assistant barrister, when appointed, will be entitled to ten guineas a day; but not to receive remuneration for more than two days: ib. s. 2 (b).

It has been found expedient to extend this limited power; and by 40 & 41 Vict. c. 17, it is provided, that the resolution of the council, if and when made, may continue for twelve months from its date; and the time for the holding the second court extends to four days, for which time the assistant barrister and officers will receive remuneration. This enactment was passed to meet the requirements of the larger towns, such as Liverpool, Manchester, Leeds, Birmingham, Bristol, &c.

The Adjournment.

The general principle is that the sessions, from the first day of the original sessions to the last day of the adjourned sessions, however many adjournments there may be, in law they are but as one day, as expressed by Lord Campbell, L. Č. J., in R. v. Lancashire, 8 E. & B. 563; 27 L. J. M. C. 161; see also a case eo nom., 34 L. T. 124; R. v. Surrey, 1 M. & S. 481; but under 21 & 22 Vict. c. 73, s. 12, a judgment or sentence of the court of sessions takes effect from the day of its being pronounced.

The following is the proclamation on the adjournment :"Oyez! Oyez ! Oyez! All manner of persons who have anything further to do at the general [quarter] sessions for this county, let them depart hence, and give their attendance at &c., on &c., at o'clock in the forenoon. God save the

Queen."

And which adjournment the clerk of the peace will record. The sessions should be continued from day to day by adjournment. R. v. Polsted, 2 Str. 1262; R. v. Hadington,

(a) So much preliminary routine is here prescribed that no second court is ever likely to be held under the sections,

(b) The assistant would receive in some instances more than the recorder.

Burr. S. C. 112. Each adjournment must be made in the presence of two justices, a quorum of the court. R. v. Middlesex, 5 B. & Ad. 1113; R. v. Westrington, 2 Bott. pl. 981.

In the absence of the recorder or his deputy, the mayor may open and adjourn the court at a borough sessions, and respite all recognizances; 5 & 6 Will. 4, c. 76, S. 105.

But no sessions can be adjourned beyond the time which may be appointed for holding the subsequent sessions. R. v. Grince, 19 Vin. Abr. 358; 2 Bott. pl. 974.

An adjournment of the sessions to a subsequent sessions is a continuation of the original sessions; so that an appeal dismissed with costs may be adjourned to the subsequent sessions for the purpose of ascertaining the amount, and then making an order thereon. Rawnsley v. Hutchinson, L. R. 6 Q. B. 305; 40 L. J. M. C. 97; 23 L. T. 383; 19 W. R. 436.

In several counties, for the greater convenience of conducting the business of the sessions, it is customary to hold two or more courts at different places in the county, by adjournment from the original sessions. The adjourned courts are presided over by a chairman selected by the justices usually forming such court, and the justices composing the court are principally those of the division in which the court is situate; and all the business, whether for appeals or the trial of prisoners, happening in that division, is specially heard and tried at such original or adjourned court. Much discussion has been raised from time to time as to how far the adjourned sessions, so constituted, are to be considered as independent of the original sessions, for the purpose of giving the notices on appeals for "the next,” or 66 the next practicable," sessions for the trial and hearing an appeal. This subject will be treated on under the subject Appeal; " but it may be sufficient under this general head to refer to R. v. Sussex, 7 T. R. 107; R. v. Suffolk, 4 A. & E. 319; R. v. Cornwall, 6 A. & E. 894; R. v. Lancashire, 8 E. & B. 563; 27 L. J. M. C. 161; R. v. Suffolk, 4 D. & L. 628; 5 ib. 558; 16 L. J. M. C. 36; 17 ib. 143; Rawnsley v. Hutchinson (supra); R. v. Lancashire, 34 L. T. 124, which show considerable conflict of opinion had existed on the point. The result of which authorities is that for giving the notice of appeal, the time from which to date the notice is to be taken as from the first day of the original sessions, and not as dating from any adjournments thereof. But where the

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