Bench or Common Pleas, or one of the judges of assize. The practice now is to try misdemeanors and petty larce nies, and to reserve more important matters to be tried by the judges at the assizes.

Custos Rotulorum.

The principal of these justices is the Custos Rotulorum, or keeper of the records of the sessions. The commission further directing him," that he shall cause to be brought before him and his fellow-justices, at the days and places appointed, the writs, precepts, processes, and indictments, that they may be inspected, and by a due course determined as aforesaid." He is the chief civil officer in the county, as the lord lieutenant is the chief military one; and it is usual in practice to appoint one person to both these offices. The appointment of Custos Rotulorum was originally in the lord chancellor, but many improper persons having obtained the grant of the office, to remedy the evil it was enacted by the 37 Hen Vill. c. 1, "That from thenceforth none should be appointed to the office, but such as should have a bill sigued with the king's hand for the same, which bill should be sufficient warrant for the lord chancellor or keeper to insert such person in the commission as Custos Rotulorum. It was also enacted by the same act, that the person so appointed should nominate the clerks of the peace, who were to hold their offices during the time that the Custos Rotulorum should hold his office.

In fact, the clerk of the peace as appointed, is the efficient officer; and, as much important business is committed to his care, it is necessary that he should be a person of capacity and integrity. To remedy, however, the evil which might arise from any misconduct in a clerk of the peace, by a subsequent statute, 1 IV. & M. s. 1, c. 21, it is enacted that, " If any clerk of the peace demean himselfill in his office, the justices of the peace, in their general quarter sessions, or the major part of them, upon complaint exbibited against him in writing, may, upon examination and due proof thereof, suspend or discharge hin: and in such case, the Custos Rotulorum, or other person to whom the right shall belong, shall appoint another person resid ing within the same county, &c. to be clerk of the peace in his room; and in case of neglect or refusal, to make such appointment before the next general quarter sessions,

the justices at the next general quarter sessions" may appoint; the person thus appointed being, however, subject to all the sureties and conditions above mentioned; and by a subsequent clause, the Custos Rotulorum is forbidden to sell the place, under the penalty of both buyer and seller forfeiting their places, and double the sum given or taken, to be recovered by action in any of the courts at Westminster; and "Every clerk of the peace is to make oath, in open session, that he has notdirectly nor indirectly given any thing for his place."

Of the Time of holding Sessions.

The next point is as to the term of holding a session.* This, by statute of H. V. c. 4, is directed to be done four times in every year, viz. the first week after Michaelmas the week after Epiphany, the first week after Easter, the week after the Translation of St. Thomas the Martyr, (Becket), which is on the 9th of July. It is generally understood to be the true construction of this statute, that the weeks wherein the festivals fall must be concluded before the sessions are held, and the usual practice is to hold them on the Tuesday, of the following weeks. But in Middlesex, the sessions are held eight times in the year. Though by the statute of 14 Hen. VI. c. 4, they are required to hold it only twice in the year. "The court of King's Bench being in that county," is the reason given by the act. Now it is to be remembered that at the time of passing that act, the King's Bench had not acquired (which it since has by fiction) a concurrent jurisdiction with the Common Pleas in civil cases; but its principal business was on the criminal side. Since that time, however, the situation of things has been entirely reversed, the chief business of the court now being on the civil side; the criminal part is therefore dispatched by the courts of quarter sessions, and of Oyer and Terminer. The necessary consequence has been, that instead of twice, they now sit eight times in the year. The justices of Middlesex have also a commission of Oyer and Terminer, which enables them to try any matter not cognizable under their commissions of the peace; but the practice is to transmit the higher offences to be tried by the judges,

* Vide 12 R. 2, c. 10.

who always sit at the same time at the Old Bailey under a commission of Oyer and Terminer and jail delivery.

Though by the words of their commission, they are empowered to try felonies generally, yet it is to be understood to extend to such crimes only as were felony at the passing of the statute, for they have no jurisdiction over any new created felony, unless the act also gives them a power to try it.

Manner of holding Sessions.

Previous to the time appointed for holding sessions, any two justices issue a precept to the sheriff of the county, "commanding him on the part of the king, that he cause to come before him, and their fellow-justices on a certain day, and at a certain place therein specified, twenty-four good and lawful men of the body of his county, to inquire, present, do, and perform all and singular the things, which on the part of our lord the king shall be enjoined, there, and further that he make the same return to all justices that they may be there with their rolls, records, &c.

By virtue of this precept, the sheriff summons the jury, who are required to be in the court at the time appointed.

On the day for holding the sessions, the following persons ought to attend the court.

1st, The justices, as judges, without a sufficient number of whom the sessions cannot be held, and they ought also to return all the recognizances taken before them since the interval of the last session; 2nd, the Custos rotulorum, by himself or his deputy, the clerk of the peace; 3d, the sheriff, by himself or deputy, to return the pannel of jurors, and also to receive fines imposed by the court; the constables of hundreds to whom any warrant has been directed, and also the bailiffs of hundreds; 4th, the goaler to give calendars to the justices and officers of the court, and also to receive into his custody such as may be committed by the court; the keeper of the house of correction to give an account of such rogues and vagabonds as have been committed to his custody. This he is required to do by the statute 7 James, c. 4. s. 9, or in default the justices are empowered to fine him; 6th,

all the jurors summoned by the sheriff, in consequence of the precept directed to him; 7th, all coroners; 8th, and lastly, all persons who have been bound over to appear to prosecute, answer, or give evidence, and all who have been subpæned.

The court being assembled, the crier opens the court by proclamation, requiring all persons who have any thing to do at that sessions to draw near and give their attendance. This being done, the clerk of the peace or his deputy calls out the names of the grand jury returned on the pannel by the sheriff as the grand jury. They should answer to their names as they are called, and take the oath. If by neglect of the jurors there should be a deficiency, the court orders a fine to be inflicted, unless the juror afterwards comes in and shews a reasonable cause to excuse his absence, such as sickness, or being subponed to attend another court.

A sufficient number of jurors appearing, they are then sworn not to present any one for hatred, ill-will, or malice; nor to leave any one unpresented through hope, fear, favour, or reward; and then if any particular business is expected to be brought before thein, the chairman, in a charge, instructs them in the nature of their duty: but if nothing more is expected than business of course, they usually immediately withdraw, to examine evidence in such bills as are ready for them. The duty of the grand jury is only to examine whether there be sufficient ground to call upon any one to answer the charge imputed to him, and therefore, they only examine witnesses on one side on behalf of the prosecution; if they think that the charge is groundless, they indorse on the back of the bill," not found," and then the party is entitled to go without further inquiry; but if they think that the party ought to be put upon his trial, they indorse" a true bill," and the bills found they carry and publicly deliver into the hands of the clerk of the peace in the

court.

The clerk of the peace having thus received the bills from the hands of the foreman, he addresses the jury thus, "Gentlemen, you agree the court shall amend matter of form, and false English, altering no matter of substance." The jury not signifying any disapprobation, he proceeds to read the bills aloud, as thus: "A true bill [N]

N°. 27.

against A. B. for an assault;" or "not found against C. D. for a larceny." When a bill is not found, the crier calls out to the prosecutor aloud, that he may depart the court, as thus: "A. B. you may depart the court, your bill is not found." When, on the other hand, the bill is found, if it be for larceny or felony, the prosecutor is directed to give his attendance at a certain time and at a certain place; if it be for felony, he is directed to attend the Old Bailey, or if it be a country session, the assizes; the crier proclaiming as follows, "A. B. attend [the Old Bailey or the assizes as the case may be,] with your witnesses, on [Wednesday morning;"] or if it be a petty larceny which is tried at the sessions, the prosecutor is directed to attend there. In misdemeanors, however, the crier makes no proclamation, the clerk of the peace only reading aloud whether the bills presented be found or not the reason of this difference is, that the defendants, in cases of misdemeanor, are not usually in custody, but out upon bail ; in which case they cannot proceed to trial without giving the prosecutor due notice.

Of appearing and pleading.

When a bill is found against any person, the next process is to bring him in to plead, supposing him not in custody, or not bound over previously by some magistrate to appear at the sessions, to answer the charge.This may be done by motion to the court for a Bench warrant, under which the party may be apprehended and brought before the court. If an application be made to the Bench, during the sittings of the sessions, the prosecutors, upon application at the office of the clerk of the peace, may have a certificate of the indictment being found. Upon which certificate, any judge of the court of King's Bench, or any justice of the peace, will grant his warrant to apprehend the offender, and either oblige him to give bail, for his appearance at the next sessions, or commit him for want of sureties. There is a distinction between a judge's warrant, and one from a justice of the peace. The former is directed to his tipstaff and to all constables, and may be executed in any part of England without more; but the warrant of a justice of the peace cannot be executed out of the