ably thereto divide such county, &c. into convenient polling districts, and assign one of them to each polling place. By sect. 2, no such petition shall be made unless a notice in writing has been delivered at least a month before the holding such quarter sessions to the clerk of the county, &c. wherein they are held, signed by two justices for such county, &c. and residing therein, or by ten inhabitants, being registered voters for such county, &c., which notice shall state that the court will, when such sessions are held, be moved to make such petition; nor unless the clerk of the peace shall, ten days at least before the holding of such sessions, have caused a copy of such notice to be inserted twice at the least in two of the newspapers of such county, &c. if so many are published therein, or if not, in a newspaper published or commonly circulated therein, together with a notice of the day on which such quarter sessions will be held. Proviso, that when such motion is made, any person objecting to it. shall be heard by the court against it, or any part thereof, if he thinks fit. SECTION X. By 9 G. III. c. 20, justices of peace, in their general quarter sessions of their respective counties and divisions, on presentment of the grand jury at the assizes or general gaol delivery of the ill state and condition of any shire-hall or other building in which the assizes are usually held within such county, and of the necessity of repairing it, may direct such shire-hall, &c. to be repaired as they in their discretion think fit, and to assess a rate accordingly on the county. SECTION XI. THEATRES, LICENSING. THE general effect of stat. 10 G. II. c. 28, s. 2, and s. 5, was, that no person could for hire legally perform any play or entertainment of the stage without royal patent or license from the lord chamberlain, nor with it, unless within the liberties of the city of Westminster, and where the king shall reside. Some places have since obtained private acts to authorize theatrical entertainments within them; and now, what was unlawful by 10 G. II. c. 28, is made lawful by 28 G. III. c. 30, s. 1, if a license has been granted by the magistrates pursuant to that act, which it is for the party charged with performing the play to show (k). See this act, ante, tit. Vagrant. (k) R. v. Neville, 1 B. & Ad. 495; Levy v. Yates, 8 Ad. & E. 129; 3 Nev. & Per. 249. SECTION XII. VAGRANTS. THE jurisdiction of quarter sessions over vagrants has been stated in a previous chapter. SECTION XIII. WEIGHTS AND MEASURES. Copies of Imperial Standards to be provided by Order of Quarter Sessions, and Inspectors to be appointed.]-By 5 & 6 W. IV. c. 63, s. 17, in England, at the general or quarter sessions of the peace next after the passing of the act, [9 September, 1835,] the justices of the peace of every county, riding, or division, or county of a city or town, in general or quarter sessions assembled, within three months after the passing of this act, and so from time to time at any subsequent general or quarter sessions or meeting so called as aforesaid, shall determine the number of copies of the imperial standard weights and measures which they shall deem requisite for the comparison of all weights and measures in use within their respective jurisdictions; and shall direct that such copies, verified and stamped at the exchequer, shall be provided for the use of the same, and shall fix the places at which such copies shall be deposited; and (m) shall appoint a sufficient number of inspectors of weights and measures for the safe custody of such copies, and for the discharge of the other duties hereinafter mentioned, and shall allot to each inspector a separate district, such district to be distinguished by a number or mark; and shall direct what reasonable remuneration shall be paid to such inspectors for the discharge of such duties as they shall have been ordered by such justices or magistrates as aforesaid to perform; and they are hereby empowered to suspend or dismiss any inspectors so appointed, or to appoint additional inspectors, as occasion may require. By s. 21, quarter sessions are to procure stamps for inspectors for stamping all weights, &c. under this act, of 56 lbs. weight or less. (m) In the Hull case, Trin. 1838, the power of appointing these inspectors in boroughs, being counties of themselves, having separate sessions, was held by the queen's bench to be in the recorders, Reg. v. Hull (Recorder of), 8 Ad. & E. 638; 3 N. & P. 595; 1 W. W. & H. 385, S. C. 5 & 6 W. IV. c. 76, s. 105. But see 5 & 6 W. IV. c. 63, s. 25; and 37 G. III. c. 143, s. 1. INDEX. *** The References to the Precedents are printed in Italics. ABANDONMENT; see REMOVAL ABATEMENT; see MISNOmer, Pleas in, rendered useless by 7 G. IV. c. 64, s. 19, 184, 185, 480 ABJURATION, oath of, 72, 546 n.; see OATH; QUALIFICATION OF JUSTICES ACCESS, To pauper, 719 ACCESSORIES; see RECEIVERS, Who are, 269 Receivers of stolen goods are not, at common law, id. May be tried either in county where the principal felony was done, or in that How tried, where they become accessories in foreign parts, id. By 7 & 8 G. IV. c. 64, s. 9, accessories before or after the fact may be pro- Accessories before the fact indictable either as such, or for the substantive Exceptions, id. Place of trial, id. Proviso against repeated trials of, for same offence, 272 Trial of, in general, id. Joining counts against accessories before and after fact, id. 273, n. Indictment against an accessory before the fact, jointly with the principal, 273 Punishment of principals in second degree, and accessories to offences punish- Conviction of principal when evidence against accessory, 526 May controvert guilt of convicted principal, 535 ACCOMPLICE, Conviction on testimony of, 519 Sending before grand jury, 961 ACCOMPLICES; see CONFESSION, EVIDENCE, PARDON ACCOUNTS OF PARISH OFFICERS, How examined and allowed, 701 Appeal against; see OVERSEERS ACQUITTAL, Effect of, 158, n. Where there is no case against one prisoner, he cannot demand his acquittal till But prosecutor may, id. 510 Verdict amounting to, 586 Of both prisoners being jointly indicted where one is innocent, but neither Concludes no fact as conviction does, if it afterwards comes collaterally in No new trial after, 590 Time of discharging acquitted prisoners, id. Fees on, abolished, 138 Fees on, in traverses, 603 ACTION AGAINST JUSTICES, Trespass will not lie, where there is a conviction good in form, unless the war- Where conviction quashed, id. Action on the case, id. Only where malice and want of probable cause appear, id. Limitation of, id. Notice of, 81-84 When necessary, 81 Form of notice, 82 Tender of amends in, 83 Payment of money into court in, id. Venue in, local, id. Will not lie for acts done in session, 86 General issue in, 83 ACTUALLY CHARGEABLE, Who may be removed to place of settlement as, 711 ADDITION IN INDICTMENTS, Of degree or occupation of accused, 182-184 Of residence of defendant, id. Error in, is now practically immaterial, 183, 184 See INDICTMent. ADJOINING, 373 ADJOURNMENT, Of general session of peace, 49 Of quarter sessions, 60 Juries at adjourned quarter sessions, 61 Of sessions, 60-62 In whose presence sessions must be adjourned, 49, 61, 150 Of trial in absence of material witness, 188 Of hearing an appeal for same reason, 650 Costs of such adjournment, viz. costs of the day, 652, 662 Of judgment, when may be, 590, 648, 660, 900; see APPEAL Consequence of erroneous entry, 660 Forms of entry of, id. Of appeal against order of removal; see REMOVAL By convicting justices, 857 Is implied by grant of special case, and want of entering it is immaterial, 907 ADMINISTRATOR, Laying property in, in indictment, 194; see INTESTATE ADMIRALTY; see CENTRAL CRIMINAL COURT After interruption of quiet enjoyment, 803 Voluntary, 541 AFFIRMATION, Admitting, instead of oath, 507, 547 AFFIRMATIVE, Allegation, in indictment, must be proved, 518 AFORESAID, 176 In indictments, 180 Parish aforesaid, 180, 188, 240 AGISTMENT, 222 Stealing from agister, 194, 233 AGREEMENT, For renting, how proved, 789 ALEHOUSES, Licensing of, regulated by 9 G. IV. c. 51, 15, 21 General annual meeting for licensing, 21 Time and place of holding it, 22 For what districts holden, id. Time of holding in Middlesex and Surrey, id. Time of holding in other counties, id. Convened by precept, id. Notices of, on whom served, and where affixed, 23 Adjournment of, id. Appointment by, of auxiliary special sessions, to facilitate transfer of Notices of adjourned, or of other special sessions, for purposes of this act, 24 In towns corporate, when county justices may interfere at, and when not, id. Questions at, decided by a majority present, 26 Notices required from applicants for license for houses not before licensed, id. Form of such notice, 27, n. Power of, to license party prevented from personal attendance, 28 Form and duration of license granted at, id. Form of license granted at, 29, n. Granting licenses in middle of year, 29 Fees payable for licenses granted at, 31 Sheriff's officers, &c. disabled from holding licenses, id. Proceedings at, to forfeiture of license against publicans for third breach of Power of, to remit charges to quarter sessions, 33 Power of, to take recognizance of party accused to appear at quarter ses- Power of, to bind over parties to give evidence at sessions, id. Power of, to bind over peace officer to prosecute, 34 Appeal against refusal of, to grant or transfer license, id. Must be by party immediately aggrieved, 35 Costs of appeal against acts of, 36 Indictment for selling ale without license is bad, 288 Time and place of general annual licensing meeting appointed, 22 |