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Page 12, line 17 from top, for " Harmam," read "Han-

nam.

dele “in cases of misdemeanor.”

7 from bottom, for " Burn," read " Burr."
for "when," read "where."

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for "Baker," read "Barker."
for " Durdey," read "Dur-
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1 from top, for " Larceny," read "Letter."
for "Section 5," read "Section

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THE

JURISDICTION AND PRACTICE

OF

The Court of Quarter Sessions.

In this little Work, I intend to treat of the Court of Quarter Sessions, its jurisdiction and practice,-First, generally; Secondly, as a Court for the trial of offences, by Jury; Thirdly, as a Court of Original Jurisdiction, in other matters; and Fourthly, as a Court of Appeal.

CHAPTER I.

The Jurisdiction and Practice of the Court of Quarter Sessions,

generally.

The Court of General or General Quarter Sessions of the Peace, is an ancient Court, established in this country in the reign of Edward III. and continued to the present day, for the trial of felonies, and of those misdemeanors and other matters, which justices of the peace, by virtue of their commission or otherwise, may lawfully hear and determine.—Vide infra. It is a Court of Record. But 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.-Hal. Sum. 165. The Court is styled the General [Quarter] Sessions of the Peace: when holden quarterly, at the usual times appointed for that purpose, they are styled the General Quarter Sessions of the Peace; when holden otherwise, the General Sessions of the Peace. This, however, makes no distinction in the authority or jurisdiction of the Court, except in cases where the jurisdiction is given by a statute, and is thereby expressly given to the Court

B

of Quarter Sessions only. In the heading of orders of sessions, captions of indictments, and in pleadings, the style of the Court is set out more formally, thus:

"East Riding of the County of York. said Riding, on the year of the reign of our sovereign lord William the Fourth, of the united kingdom of Great Britain and Ireland king, defender of the faith, before R. B. and H. B. esquires, and others, their associates, justices of our said lord the king, assigned to keep the peace in the said Riding, and also to hear and determine divers felonies, trespasses and other misdemeanors in the said Riding committed."

The General Quarter Sessions of the Peace, holden at Beverley, in and for the day of, in the

"

1. Its Jurisdiction.

Under the Commission.] By stat. 34 Edw. 3, c. 1, it is enacted, that in every county in England, certain persons shall be assigned to keep the peace, with power to restrain offenders, rioters, and all other barators, and to pursue, arrest, take and chastise them, according to their trespass or offence, and to cause them to be imprisoned and duly punished according to the law and customs of the realm, &c.; " and also to hear and determine at the king's suit all manner of felonies and trespasses done in the same county, according to the laws and customs aforesaid." And in pursuance of this statute, the commission, after assigning the persons to whom it is directed to be His Majesty's justices to keep his peace in the county of ―, &c., proceeds to define their jurisdiction to hear and determine offences, in these words:- We have also assigned you, and every two or more of you (of whom any one of you the aforesaid [A. B., C. D., &c.] we will shall be one) our justices to inquire the truth more fully, by the oath of good and lawful men of the aforesaid county, by whom the truth of the matter shall be better known, of all and all manner of felonies, poisonings, inchantments, sorceries, arts magic, trespasses, forestallings, regratings, ingrossings and extortions whatsoever; and of all and singular other crimes and offences, of which the justices of our peace may or ought lawfully to inquire, by whomsoever and after what manner soever in the said county done or perpetrated, or which shall happen to be there done or attempted; and also of all those who, in the aforesaid county, in companies, against our peace, in disturbance of our people, with armed force have gone or rode, or hereafter shall presume to go or ride; and also of all those who have there lain in wait, or hereafter shall presume to lie in wait, to maim, or cut or kill our people; and also of all victuallers, and all and singular other persons, who, in the abuse of weights or measures, or

in selling victuals, against the form of the ordinances and statutes, or any one of them, therefore made for the common benefit of England and our people thereof, have offended or attempted, or hereafter shall presume in the said county to offend or attempt; and also of all sheriffs, bailiffs, stewards, constables, keepers of gaols, and other officers who, in the execution of their offices about the premises or any of them, have unduly behaved themselves, or hereafter shall presume to behave themselves unduly, or have been or shall happen hereafter to be careless, remiss, or negligent in our aforesaid county; and of all and singular articles and circumstances, and all other things whatsoever, that concern the premises or any of them, by whomsoever and after what manner soever in our aforesaid county done or perpetrated, or which hereafter shall there happen to be done or attempted in what manner soever; and to inspect all indictments whatsoever, so before you or any of you taken or to be taken, or before others late our justices of the peace in the aforesaid county made or taken, and not yet determined; and to make and continue processes thereupon against all and singular the persons so indicted, or who before you hereafter shall happen to be indicted, until they can be taken, surrender themselves or be outlawed; and to hear and determine all and singular the felonies, poisonings, enchantments, sorceries, arts magic, trespasses, forestallings, regratings, ingrossings, extortions, unlawful assemblies, indictments aforesaid, and all and singular other the premises, according to the laws and statutes of England, as in the like case it has been accustomed and ought to be done; and the same offenders and every of them, for their offences, by fines, ransoms, amerciaments, forfeitures, and other means, as according to the law and custom of England, or form of the ordinances and statutes aforesaid it has been accustomed or ought to be done, to chastise and punish.

"And therefore we command you and every of you, that to keeping the peace, ordinances, statutes, and all and singular other the premises, you diligently apply yourselves; and that at certain days and places, which you or any such two or more of you as is aforesaid, shall appoint for those purposes, into the premises ye make inquiries, and all and singular the premises hear and determine, and perform and fulfil them in the aforesaid form, doing therein what to justice appertains, according to the law and custom of England; saving to us the amerciaments, and ather things to us therefrom belonging."

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Some doubts were formerly entertained, as to the construction that ought to be given to the words Felonies" and "Trespasses" in the above commission: some held that they included only such felonies and misdemeanors against the peace, of which cognizance was given to justices of the peace by the express words of a statute or statutes; others held, that as the commission was

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