THE JURISDICTION AND Practice OF THE COURT OF QUARTER SESSIONS. WITH FORMS OF INDICTMENTS, NOTICES OF APPEAL, &c. BY JOHN FREDERICK ARCHBOLD, ESQ. BARRISTER AT LAW. LONDON: SAUNDERS AND BENNING, LAW BOOKSELLERS, (SUCCESSORS TO J. BUTTERWORTH AND SON,) 43, FLEET-STREET. 1836. PREFACE. THERE are few subjects, which require and deserve the attention of the junior members of the profession, so much as the Practice of the Court of Quarter Sessions. A perfect acquaintance with it, often gains for the party a reputation for talent and legal knowledge in other respects, which probably he may not deserve; whilst the slightest indication of ignorance in the most trifling particular of it, often has the effect of lowering the party in the estimation of the many, who are perhaps incapable of judging of his merits in other respects as a Lawyer. To the Solicitor, who intends to practise at the Quarter Sessions, an intimate knowledge of the practice of the Court is of great and often serious importance, particularly in the conduct of appeals. How often are appeals decided upon mere preliminary objections, arising upon points of practice, entirely beside the merits of the case,-objections which a knowledge of the practice of the Court would readily have obviated. And those who have witnessed, upon such occasions, the exultation of the successful party, and the mortification of the party defeated,-parties not always of the highest or most intelligent class, and who often judge of the talents of their solicitor, and even of their advocate, by the result,-may easily judge of the probable consequences of the victory and defeat to the respective solicitors. Barristers, also, who practise at Sessions, will find it greatly to their advantage to have a correct and perfect knowledge of the jurisdiction and practice of the Court, for reasons sufficiently obvious. But above all others, the Magistrates, who have to decide upon the regularity or irregularity of the proceedings before them, should have a minute acquaintance with their own rules, the extent of their jurisdiction, and the practice generally of their Court: their decisions upon such subjects are often long and earnestly canvassed out of Court; and a mistake, arising from want of attention to or ignorance of a point of practice, familiar probably to many who hear their decision, would do more to detract from that confidence which persons usually have in their administration of the law, than even erroneous decisions upon the merits. As the subject, therefore, appears to me to be important, and as I have been informed that a work upon it would be acceptable to the profession and to Magistrates, I have written the present volume. It consists of Four Chapters. The first, treats of the Jurisdiction and Practice of the Court of Quarter Sessions generally :-the jurisdiction under the Commission and by Statute; when, where, and before whom the Court is to be holden; its officers; proceedings before it, generally, in appeals and in criminal cases; its decisions, in what cases and how revised, upon a writ of error, certiorari, special case, or mandamus; and its members, how far punishable, and how protected. The second chapter, treats of the Practice of the Court in Criminal Cases; and after treating shortly of the persons dispunishable for crime, by reason of insanity, coverture, infancy, and the like, and the degree of guilt of criminals, as principals and accessories, it in the first place gives an alphabetical list of the offences punishable upon indictment, their punishment, &c., and a reference to the text books, &c. in which the law upon the subject, the form of the indictment, and the evidence necessary to sustain it, in each case, will be found; it then treats of the Indictment and Evidence generally; it next gives the Forms of Indictments, and the evidence necessary to support them, in all those cases which usually occur at Sessions, such as larceny, embezzlement, obtaining goods by false pretences, receiving stolen goods, uttering counterfeit coin, assaults, assault by poachers, riot, forcible entry, keeping disorderly houses, nuisances by carrying on offensive trades, obstructing or not repairing highways, &c., disobeying the orders of justices, refusing to serve office, and conspiracy; and lastly, it treats of the proceedings and practice in criminal cases, the grand and petty jury, the preferring and finding of the bill of indictment, the arraignment of the prisoner and his plea, traverse, &c., the trial, arrest of judgment, judgment, costs, and restitution of goods. The third chapter, treats of the jurisdiction and practice of the Court of Quarter Sessions, as a Court of Appeal, first treating of appeals generally, in what cases they lie, by and against whom to be brought, in what Court, and when, to be brought, notice of appeal, entry and adjournment of the appeal, proceedings at the hearing, amendment, |