[observed, that in what is usually called the assizes, the judges sit by virtue of four several authorities;] viz., the commission of the peace, the commission of oyer and terminer, the commission of general gaol delivery, and the commission of nisi prius; [one of which, (that of nisi prius,) being principally of a civil nature, was then explained at large.] The authority by the commission of the peace has also been treated of, when we inquired into the nature and office of a justice of the peace (d); and in addition to what was there stated we may remark, [that all the justices of the peace of any county, wherein the assizes are held, are bound by law to attend them,] upon due notice given by the sheriff (e): [or else are liable to a fine: in order to return recognizances, &c.: and to assist the judges in such matters as lie within their knowledge and jurisdiction, and in which some of them have probably been concerned by way of previous examination.] But the commission of oyer and terminer gives the judges authority [to hear and determine all treasons, felonies and misdemeanors] committed within the county. [This is directed to the judges and several others, or any two of them (f); but only the judges, or serjeants at law,] the queen's counsel, and barristers with a patent of precedence (g), named in the commissions, or in the writs of association and si non omnes with which they are accompanied (h), [are of the quorum; so that the rest cannot act without the presence of one of them.] Under the commission of oyer and terminer, persons may be tried whether they are in gaol or at large (i); but the words are [to "inquire, hear, and determine:" so that by virtue of this commission, the judges can only proceed upon an indictment found at the

(d) Vide sup. vol. 11. p. 665. (e) Cro. Cir. c. 3.

(f) In Middlesex the commission is directed to any four of them. 4 Chit. Crim. Law, 145; 1 Saund. 249 (a).

(g) 13 & 14 Vict. c. 25.

() As to writs of association and si non omnes, vide sup. vol. III. p. 434. The forms of these writs, and also of the several commissions, will be found in 4 Chit. Crim. Law, 129, &c.

(i) 1 Chit. Crim. Law, 144.

same assizes; for they must first inquire, by means of the grand jury or inquest, before they are empowered to hear and determine by the help of the petit jury (j). Therefore they have besides a commission of general gaol delivery: which empowers them to try, and deliver every prisoner, who shall be in the gaol when they arrive at the circuit town (k); whenever or before whomsoever indicted, or for whatever crime committed (1). It was antiently the course to issue special writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo (m); but these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. So that, one way or other, the gaols are in general cleared, and all prisoners tried, punished, or delivered, at least twice in every year,— a constitution of singular use and excellence. Sometimes, also, upon urgent occasions, the sovereign issues a special or extraordinary commission of oyer and terminer and gaol delivery, confined to those offences which stand in need of immediate inquiry and punishment; upon which the course of proceeding is much the same, as upon general and ordinary commissions (n).]

What has been stated applies to courts of oyer and terminer and gaol delivery throughout the realm at large; but for the metropolis and adjacent parts, a different constitution is provided. For by 4 & 5 Will. IV. c. 36, a new court was established for trial of offences committed in London, Middlesex, and certain suburban parts of Essex, Kent, and Surrey (o);-called the Central Criminal

(j) Hawk. P. C. b. 2, c. 5, s. 31. (k) That is, either in actual custody, or out on bail, and so in gaol by construction of law. (1 Chit. Crim. Law, 146.)

(1) 2 Hale, P. C. 32, 34. (m) 2 Inst. 43.

(n) Of late years the issue of commissions in the vacation after Michaelmas Term, in order to

---

effect the more speedy trial of prisoners not triable at the sessions,has become a usual practice, and is called the winter circuit.

(0) Indictments found at the different sessions of the peace, held within the jurisdiction of the Central Criminal Court, may be removed to that court by certiorari (4 & 5 Will. 4, c. 36, s 16). As to the trial in

Court (p); the judges or commissioners whereof are the lord mayor of London; the Lord Chancellor or lord keeper; the judges of the courts at Westminster; the judge of the admiralty; the dean of the arches; the aldermen of London; the recorder and common serjeant of London; the judge of the sheriff's court there; any person who has been Lord Chancellor or lord keeper, or a judge of any of the courts at Westminster; and such others as the Crown shall from time to time appoint (q). And it it provided (sect. 2), that the Crown may issue its commission of oyer and terminer and gaol delivery to such court; and that the said judges, or any two or more of them, shall hold a session in the city of London or suburbs thereof, at least twelve times in every year (and oftener if need be),—such times to be fixed by General Orders of the said court; which Orders any eight or more of the judges of the courts at Westminster, are empowered from time to time to make (r).

that court of offences out of its jurisdiction, by order of the Queen's Bench, under 19 & 20 Vict. c. 16, and 25 & 26 Vict. c. 65, vide post, p. 472.

(p) Before the establishment of the Central Criminal Court, there existed "the court of the Sessions house in the Old Bailey," where the sessions of oyer and terminer and general gaol delivery of Newgate, for the city of London and the county of Middlesex, were holden eight times in the year. The gaol for such city and county (vide sup. vol. 111. p. 236), is the gaol of Newgate; to which prison are committed all persons who are to take their trial at the Central Criminal Court, wherever their offences may have been committed. It may be remarked, that by 4 & 5 Will. 4, c. 36, s. 13, it was required that no indictment should be presented before the grand jury of the Central Crimi

nal Court, unless the party prosecuting first entered into recognizances to prosecute, but this enactment was repealed by 9 & 10 Vict. c. 24, s. 2. By 19 & 20 Vict. c. 16, ss. 22, 23, however, the court is enabled, in cases ordered by the Queen's Bench, to be tried there under that Act, to require (if it see fit) either the person charged, or the prosecutor and witnesses, to enter into recognizances. And see the provisions contained in 22 & 23 Vict. c. 17, in reference to certain offences mentioned, post, p. 441.

(q) 4 & 5 Will. 4, c. 36, s. 1. Among the persons named in the text, those who usually sit to try prisoners in the Central Criminal Court, are certain of the judges of the superior courts of law, the recorder, the common serjeant, and the judge of the Sheriff's Court.

(r) 4 & 5 Will. 4, c. 36, s. 15.

8. [The Court of General Quarter Sessions of the peace, is a court that must be held, in every county, once in every quarter of a year(s):] and by statute 11 Geo. IV. & 1 Will. IV. c. 70, s. 35, the quarter sessions are appointed to be held in the first week after the 11th day of October; the first week after the 28th day of December; the first week after the 31st day of March; and the first week after the 24th day of June (t). This court [is held before two or more justices of the peace (u); one of whom must be of the quorum (x). Its jurisdiction, by statute 34 Edw. III. c. 1, extends] in general [to the trying and determining of all felonies and trespasses whatsoever,] committed within the county; [but it has never been usual to try there any greater offences than small felonies; their commission providing that if any case of

(s) 4 Inst. 170; 2 Hale, P. C. 42; Hawk. P. C. b. 2, c. 8. As to the origin of this court, see Harding v. Pollock, 6 Bing. 30. This court is called "the general quarter sessions of the peace," when held quarterly; when held otherwise, "the general sessions of the peace." (See R. v. Justices of Carmarthen, 4 B. & Ald. 291.) As to the general sessions of the peace in Middlesex, see 7 & 8 Vict. c. 71, ss. 2, 3; 22 & 23 Vict. c. 4, s. 4.

(t) By 4 & 5 Will. 4, c. 47, however, after reciting that in some counties of England and Wales the time usually fixed for holding spring assizes interferes with the due holding of the quarter sessions, in the first week after the 31st of March; and that though the justices have authority to hold general sessions of the peace at other times of the year, besides those specified in 11 Geo. 4 & 1 Will. 4, c. 70, such sessions are not quarter sessions within the intent of various Acts of parliament, which

give jurisdiction to the justices of the peace in their quarter sessions, or in their general quarter sessions, -it is enacted, that to prevent the interference of the spring assizes with the April quarter sessions, the justices of the Epiphany sessions may, (if they see occasion,) name two of their body to fix some day for holding the next general quarter sessions, not earlier than 7th of March, nor later than 22nd of April.

(u) As to justices of the peace generally, vide sup. vol. 11. p. 663 et seq.

(x) As to the powers of the justices, to divide themselves into several courts of sessions of the peace for dispatch of business, see 7 Will. 4 & 1 Vict. c. 19, s. 4; 14 & 15 Vict. c. 55, s. 15; 21 & 22 Vict. c. 73, ss. 9-11. See also 1 & 2 Vict. c. 4, to remove doubts as to the legality of summoning juries for the trial of prisoners at adjourned quarter sessions.

[difficulty arises, they shall not proceed to judgment, but in the presence of one of the justices of the courts of Queen's Bench or Common Pleas, or of one of the judges of assize (a): and therefore murders, and other capital felonies, have been usually remitted for a more solemn trial at the assizes.] And now it is expressly provided, by statute, that the justices of any county shall not at any general or quarter sessions, try any prisoner for treason, murder or capital felony; nor for any felony, which when committed by a person not previously convicted of felony, is punishable with penal servitude for life (b); nor for any of the particular offences enumerated in 5 & 6 Vict. c. 38 (c). They are also so restrained from trying persons charged with fraudulent practices, as agents, trustees, bankers or factors under the Larceny Act of 1861 (d). Neither can they [try any newly-created offence, without express power given them by the statute which creates

(a) By 11 & 12 Vict. c. 78, this court may reserve any question of law for the consideration of the judges.

(b) See 4 & 5 Vict. c. 56; 5 & 6 Vict. c. 38; 20 & 21 Vict. c. 3.

(c) These are,-1. Misprision of treason. 2. Offences against the queen's title, prerogative or government, or against either house of parliament. 3. Offences subject to the penalties of pramunire. 4. Blasphemy and offences against religion. 5. Administering or taking unlawful oaths. 6. Perjury 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 and girls. 12. Concealing births. 13. Offences against the bankrupt laws. 14. Se

ditious, 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 estate.

Courts of general or quarter sessions are also restrained, by 9 Geo. 4, c. 69, from trying the offence of three or more persons pursuing game by night. They were also prohibited by 9 & 10 Vict. c. 25, from trying any of the offences (chiefly falling under the class of malicious injuries to property) made punishable by that Act. It is to be observed, however, that the 9 & 10 Vict. c. 25, is repealed by 24 & 25 Vict. c. 95, and that no prohibitory clause is inserted in the 24 & 25 Vict. c. 97, the Malicious Injuries to Property Act, 1861.

(d) 24 & 25 Vict. c. 96, s. 87.