of Gloucestershire, B. R. H. 1836. Arch. Corp. Act, ix. x. Also, by the 111th section of the Corporation Act, no part of any borough, in or for which a separate Court of Quarter Sessions of the Peace shall be holden, shall be within the jurisdiction of the justices of any county, from which such borough before the passing of this Act was exempt.

By Statute.] In many other cases, jurisdiction has been given to the Court of Quarter Sessions, either original or as a court of appeal, by the express words of particular Acts of Parliament such, for instance, as their jurisdiction in appeals against orders of removal, against other orders of justices in some cases, against poor rates, against overseers' accounts, against summary convic tions by justices in many cases, &c.; such also as their jurisdiction in matters relating to apprentices, bastards, benefit societies, coroners, dissenting and catholic chapels, gaols, lunatic asylums, stopping up or diverting highways, vagrants, &c. But as it is intended to treat at large of the jurisdiction and practice of the Sessions in these and other instances, in the third and fourth chapters of this work, it is not necessary that they should be noticed more fully in this place.

In Boroughs.] By stat. 5 & 6 Wm. 4, c. 76, s. 107, (the recent Corporation Act,) the Courts of General or Quarter Sessions of the Peace for any borough may be holden until the 1st May, 1836, in like manner and with the same powers as if the Act had not passed; but after the 1st May, "all powers and jurisdictions to try treasons, capital felonies, and all other criminal jurisdictions whatsoever, granted or confirmed by any law, statute, letters-patent, grant or charter whatsoever, to any mayor, bailiff, alderman, recorder, or other corporate or chartered officer, or corporate or chartered justice of the peace whomsoever, in any borough" shall cease.

But by sect. 103 of the same Act, it is enacted, "that the council of every borough, which shall be desirous that a separate Court of Quarter Sessions of the Peace shall be or continue to be holden in and for such borough, shall signify the same by petition to his Majesty in council, setting forth the grounds of the application, the state of the gaol, and the salary which they are willing to pay to the recorder in that behalf; and it shall be lawful for his Majesty, if he shall be pleased thereupon to grant that a separate Court of Quarter Sessions of the Peace shall be thenceforward holden in and for such borough, to appoint for such borough, or for any two or more of such boroughs conjointly, a fit person, being a barrister at law of not less than five years standing, who shall be and be called the Recorder of such borough or boroughs, and shall hold such office during his good behaviour." And by sect. 105, "the recorder of every borough shall hold, once in every quarter of a year, or at such other and

more frequent times as the said recorder in his discretion may think fit, or as his Majesty shall think fit to direct, a Court of Quarter Sessions of the Peace in and for such borough, of which Court the recorder of such borough shall sit as the sole judge; and such Court of Quarter Sessions of the Peace shall be a Court of record, and shall have cognizance of all crimes, offences, and matters whatsoever, cognizable by any Court of Quarter Sessions of the Peace for counties in England, and the recorder shall have power to do all things necessary for exercising such jurisdiction, notwithstanding his being such sole judge, as fully as any such last-mentioned Court." But in all boroughs to which a separate Court of Quarter Sessions shall not be so granted, the justices of the peace for the county in which such borough is situated, shall exercise the jurisdiction of justices of the peace in and for such borough, as fully as by law they and each of them can or ought to do in and for the said county. Id. s. 111, and see s. 110.

It may be necessary to add, that the word "borough" in the several clauses of the Corporation Act just now mentioned, must be deemed to refer only to the cities and boroughs, &c. enumerated in the schedules A. and B. of that Act. Sect. 142.

From the above sections of the Corporation Act, it appears that in all the boroughs to which it relates, (being nearly all the cities and boroughs in England and Wales, with the exception of London), to which a separate Court of Quarter Sessions has been or shall be granted, the jurisdiction of such Court is and will be the same precisely as that of the Sessions of the county. That in such of these boroughs as are named in the first sections of the schedules A. and B. of the Corporation Act, the metes and bounds thereof, as settled by the Boundary Act, will describe the district within which such jurisdiction shall be exercised. See R. v. Justices of Gloucestershire, ante, p. 8. But of such of these boroughs as are named in the second sections of the said schedules, the metes and bounds are declared by stat. 5 & 6 W. 4, c. 76, s. 7, to be the same as hitherto, without reference to the Boundary Act. In either case, the county justices, in or out of Sessions, cannot exercise jurisdiction within the metes and bounds of such borough. Vide Id. s. 111, supra.

2. Where and before whom the Sessions are to be holden. In Counties.] The Sessions must be holden at some place within the county or division for which they are holden. This is differently arranged in different counties: in some counties, they are always holden at the same place; in others, at different places each quarter; and in others, the same Sessions are holden at different places within the county, by adjournment.

It must be holden before two justices at the least; this is

expressly required by the terms of the commission. See ante, p. 2, and see R. v. Justices of Carmarthen, 4 B. & Ald. 291. As to the Quorum clause in the commission, it may be necessary to state, that most justices are now assigned to be of the quorum. And in all cases where an act is to be done by two or more justices, and it is required by any statute that one of them shall be of the quorum, their act, order, adjudication, &c. shall nevertheless be valid, although it do not express that one of the justices are of the quorum. 26 Geo. 2, c.27. and see 7 Geo. 3, c. 27, 4 Geo. 4. c. 27.

The justices present at the Sessions should refrain from voting or taking any part in matters in which they individually have a personal interest. See Anon. 1 Salk. 396. Re Foxham Tithing, 2 Salk. 607. R. v. Great Chart, Burr. S. C. 194, 2 Str. 1173. By stat. 16 Geo. 2, c. 18, s. 1, indeed, justices are empowered to act in all matters relating to the laws for the relief, maintenance and settlement of the poor, for passing and punishing vagrants, for the repair of highways, and concerning parochial taxes, levies or rates, notwithstanding they are rated to or charge. able with the taxes, levies or rates within any parish, township or place affected by such act. But the statute contains a proviso (s. 3.), that it shall not extend to authorize or empower any justice of peace for any "county or riding at large, to act in the determination of any appeal to the Quarter Sessions for any such county or riding, from any order, matter or thing relating to any such parish, township or place, where such justice of the peace is so taxed or charged or chargeable as aforesaid." And where it appeared that, upon the trial of an appeal against an order of removal, there were fifteen justices present, seven of whom were for quashing, and eight for confirming it; but it was objected that of these eight, three justices were rated in the removing parish, and therefore could not vote; but the Sessions, notwith standing, confirmed the order, subject to the opinion of the Court of King's Bench upon the point: upon the matter coming before the latter Court, they quashed the order of Sessions, and directed the justices to enter continuances to the following Sessions, when they might again decide the appeal. R. v. Yarpole, 4 T. R. 71. So, where it appeared that, upon the trial of an appeal against the allowance of overseers' accounts, one of the justices declined to join in the decision because he was a rated inhabitant of the parish; but afterwards, upon application to the Sessions to grant a case, this justice and two others voted for it, and two against it, so that a case was granted: upon the case being returned on the certiorari, a motion was made to quash the certiorari, on the ground that the justice, being a rated inhabitant of the parish, could not vote even upon the question of granting a case; and the Court were of this opinion; they said the safer course was to hold, that magistrates should not interfere in any way, in

cases where they are directly or indirectly interested. R. v. Gud ridge, 5 B. & C. 459. 8 D. & R. 217. Where it appeared that of two magistrates by whom an order of removal was signed, one was a churchwarden of the removing parish: the Court held the order to be bad upon this ground; for the same party could not be complainant, and also adjudicate upon the complaint. R. v. Great Yarmouth, 6 B. & C. 646.

As to the qualification of justices, see stat. 18 G. 2, c. 20, s. 1. And as to their oath of office, see 5 Burn, by D'oy. & W. 21, 24. Where a person, duly appointed a justice of peace, signed a distress warrant for a poor's rate, before he had taken the oaths, &c. at the Sessions, and the validity of the warrant was questioned on that ground: the Court of King's Bench held the warrant to be valid; it was unlawful for the justice to have acted, and he might be subject to a penalty or other punishment for having done so; but that did not render his acts invalid. Margate Pier Company v. Harmam and others, 3 B. & Ald. 266. the wages of justices, during the Sessions, see stat. 12 Rich. 2, c. 10. 14 Rich. 2, c. 11.

As to

As to the authority to summon the Sessions, and the manner of doing it the commission of the peace, after giving jurisdiction to the justices to hear and determine felonies, &c. as already mentioned, ante, p. 2,3, proceeds thus: "And therefore we command you that at certain days and places which you or any such two or more of you as is aforesaid shall appoint for these purposes, into the premises you 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 other things to us therefrom belonging. And we command, by the tenor of these presents, our sheriff of

that at certain days and places, which you or any such two or more of you as is aforesaid shall make known to him, he cause to come before you, or such two or more of you as aforesaid, so many and such good and lawful men of his bailiwick (as well within liberties as without), by whom the truth of the matter in the premises shall be the better known and inquired into." Accordingly a precept, under the hands and seals of two justices, is issued, directed to the sheriff of the county, commanding him to have the jurors before the justices of peace for the county on a day and at a place certain therein mentioned, and to make known to all coroners, gaolers, high constables, &c. to be then in attendance, and to proclaim throughout the county that the Sessions will be then and there holden, &c. See the form, 3 Burn, D. & W.846. This precept ought to bear teste fifteen days at least before the day appointed for the Sessions, and be delivered to the under sheriff forthwith, in order that he may have time to make the necessary arrangements. The time and place of hold

ing the Sessions is then publicly advertised (the advertisement usually stating the order in which the business will be taken; the jurors are summoned, &c. and every other necessary prepa ration made for the holding of the Sessions, at the time and place mentioned in the precept.

In Boroughs.] In the different boroughs mentioned in schedules A. and B. of the Corporation Act 5 & 6 Wm. 4, c. 76, to which his Majesty has granted or may grant a separate Court of Quarter Sessions (See ante, p. 9), the recorder of the borouEN shall sit as the sole judge of the Court; and be shall have power to do all things necessary for exercising the jurisdiction, notwithstanding his being such sole judge, as fully as the Court of Quarter Sessions for a county. 5 & 6 W. 4. c. 76, x. 16.

The recorder is appointed by the crown, with a certain salary to be paid by the treasurer of the borough out of the boroug fund; he must be a barrister of at least five years standing, be is entitled to precedence next after the mayor; but he castot be a member of parliament for the borough, nor aidermas, Ouldcillor, or police magistrate of the borough. 5 & 6 W.4, c. 76, s. 103. Before he acts, he must take the same cuts as usLVES of peace for counties, with the exception of the car as to cha lification by estate; and must also make this declaration - 1 A. B. do hereby declare, that I will faithfully and impartialy execute the office of recorder for the borough of accord tig to the best of my judgment and ability.” Id. s. 154. Is case

of" sickness or unavoidable absence," the recorder is ewered, "under his hand and seal, and with the cost of the council of the borough, to appoint a deputy recurser, being a barrister of five years standing, to act for him at the Quaner Sessions of the Peace then next ensuing, and no longer or otherwise." 5 & 6 Wm. 4, c.76, s. 103. In the abscure of the recorder and his deputy (if he have appointed one, the mayor of the borough may, at the proper times appointed for the wooding of the Quarter Sessions, open the Court and adjours, and may respite all recognizances conditioned for appar og at the same, "until such further day as such mayor thes and there, and so from time to time, shall cause to be procissued but he shall not sit as judge, or do any other act as surt. 14. 196.

By the same statute (5 & 6 Wm. 4, c. 76, £ 121,, be den VỀ the peace of every such borough, shall give public notice of the time and place of holding every such Quarter Senots of the Peace, ten days at the least before the boiling thereof, and se shall, seven days at the least before the boiding thereof, cause t be summoned a sufficient number of burgesses, to serve a grand jurors at such Sessions; and he shall also cause to be sum toget not less than 36 nor more than 60 burgesses, to serve as w at every such Sessions.