Page images
PDF
EPUB

or

jury and subornation of perjury; 7, making or suborning false oaths, &c., punishable as perjuries or misdemeanors; 8, forgery; 9, maliciously firing corn, grain, &c., wood, trees, &c., or heath, gorse, &c.; 10, bigamy and offences against the laws relating to marriage; 11, abduction of women girls; 12, concealing births; 13, offences against the bankrupt and insolvent laws; 14, seditious, blasphemous, or defamatory libels; 15, bribery; 16, unlawful combinations and conspiracies, with certain exceptions; 17, stealing, &c., records, &c.; 18, stealing, &c., bills, &c., and written documents relating to real estates. The usual matters upon which the sessions adjudicate are the smaller misdemeanors not amounting to felony; and especially offences relating to game, highways, ale-houses, bastards, the settlement and provision for the poor, servants' wages and apprentices. Some of these are proceeded upon by indictment, others in a summary way by motion and order thereupon; and most of the matters just mentioned come on by way of appeal from the justices of the peace. The sessions cannot try any newly-created offence without express power given them by the statute which creates it. An order of the quarter sessions, as well as an indictment there found, may be removed into the Queen's Bench by writ of certiorari, and quashed for insufficiency (unless the right to this writ be specially taken away, as it is in some instances by the legislature), and the final determination of the matter left with the court.

As regards the county of Middlesex in particular, it is enacted by the 7 & 8 Vic. c. 71, that there shall be holden for that county two sessions or adjourned sessions of the peace in every calendar month, and that the first sessions in January, April, July, and October respectively shall be the general

[blocks in formation]

quarter sessions of the county; and the second sessions in January, April, July, and October shall be adjournments of the general quarter sessions; and that it shall be lawful for her Majesty to appoint a person, being a serjeant or a barrister at law of not less than ten years' standing, and in the commission of the peace for the county, and qualified by law to act as justice of the peace, to be assistant judge of the said quarter sessions of the peace, who shall preside at the hearing of all appeals, on the trials of all felonies and misdemeanors, and all matters connected therewith, and hold his office during good behaviour. In many municipal corporations or boroughs, there is also a court of quarter sessions of the peace, having in general the same authority in cases arising within the limits of the borough as the county quarter sessions within the county. But of such courts the recorder of the borough is, by 5 & 6 Will. 4, c. 75, s. 105, to be the sole judge; and he is thereby directed to hold such court once in every quarter of a year, or at such other and more frequent times as in his discretion he may think fit, or her Majesty may direct.

We have before (pp. 102, 103) spoken of the special and petty sessions, and we now proceed to notice the few remaining courts of criminal jurisdiction. They are the following; namely, the sheriff's tourn, or rotation, which is a court of record, and held twice every year; the court leet, or view of frankpledge, which is a court of record, held once a year within a particular hundred, lordship, or manor, before the steward of the leet; the court of the clerk of the market, which is incident to every fair and market in the kingdom. These are of little or no importance; but there is another jurisdiction, which we have before (pp. 100, 101) noticed, namely, the coroner's court, which is of

great practical utility. There are also some courts of special jurisdiction; namely,–l. The court of the lord steward of the Queen's household, or of the treasurer, comptroller and steward of the marshalsea, which hath cognisance of offences committed within the limits of any of the palaces and houses of the sovereign. 2. The university courts. These are fallen into desuetude.

ADDENDA.

P. 70 Game Certificates.- Killing hares.]-In reading of game certificates and the killing of hares, it must be borne in mind that the 11 & 12 Vic. c. 29, enables persons having a right to kill hares in England and Wales, to do so, by themselves or persons authorised by them, without taking out a game certificate. By sect. 1, any person being in the actual occupation of any inclosed lands, or any owner thereof, who has the right of killing game thereon, by himself or by any person directed or authorised by him in writing, according to the form in the schedule to the act annexed, or to the like effect, so to do, may take, kill, or destroy any hare then being in or upon any such enclosed lands, without the payment of any duties of assessed taxes, and without the obtaining of an annual game certificate. By sect. 2, the authority to kill hares is to be limited to one person at the same time in any one parish, which authority is to be sent to the clerk of the peace, who is to register same. Notice of revocation of the authority must be given. By sect. 3, persons killing hares under the act are not, there

fore, liable to the tax on gamekeepers. By s. 4, any person may pursue and kill or join in the pursuit and killing of any hare by coursing with greyhounds, or by hunting with beagles or other hounds, without having obtained an annual game certificate. By sect. 6, the act is not to extend to the case of an agreement not to take, kill, or destroy game.

P. 103. Protection of justices of the peace.]- At p. 103, it has been mentioned that justices of the peace are protected by many statutes, and it may now be added that the 11 & 12 Vict. c. 44 (operating from the 2nd of October, 1848), repeals many provisions and re-enacts same with additions. As this is a very important statute, we shall state its chief provisions. By sect. 1, for an act by a justice of peace within his jurisdiction the action shall be on the case, and it shall be alleged to have been done maliciously, and without probable cause, and be so proved. By sect. 2, for an act done by him without jurisdiction, or exceeding his jurisdiction, an action may be maintained without such allegation; but not for an act done under a conviction or order, until after such conviction or order shall have been quashed; nor for an act done under a warrant to compel appearance, if a summons were previously served and not obeyed. By sect. 3, if one justice make a conviction or order, and another grant a warrant upon it, the action must be brought against the former, not the latter, for a defect in the conviction or order. By sect. 4, no action shall be brought for issuing a distress warrant for poor's rate by reason of any defect or that the party is not rateable. Nor shall an action be brought against justices for the manner in which they exercise a discretionary power. By sect. 5, if a justice refuse to do an act, the Court of Queen's Bench may by rule

« PreviousContinue »