of cities or towns being counties of themselves, appeals against orders of removal could always be heard at the quarter sessions for such cities, &c.; a jurisdiction which, since 5 & 6 W. IV. c. 76, is in such counties of cities vested in the recorder (o).

In the Ludlow case, the question was whether the recorder had power to try an appeal against an order of two justices of that borough made under 9 Geo. IV. c. 40, s. 38, for removing a pauper lunatic to a lunatic asylum. The appeal was given by s. 46 to the quarter sessions for the " county." The court held that reading the word "county" as including "town corporate" (under s. 61), the appeal since the passing of 5 & 6 W. IV. c. 76, was properly brought to the borough quarter sessions, impersonated by a recorder, under s. 106 of the latter act (p).

Appeals against Poor Rates, Overseers' Accounts, and Rates in nature of County Rates in Boroughs.]—Appeals against poor rates made, and overseers' accounts allowed within a borough of a city or town corporate, not being a county of itself, seem to stand on a different footing; for in corporations or franchises, not having six justices of peace, nor having jurisdiction over two or more whole parishes or wards contained in such corporation, &c. any person might appeal, in a case mentioned or referred to by 43 El. c. 2, or 17 G. II. c. 38, to the next general or quarter sessions of the peace for the county, riding, or division wherein such corporation or franchise is situate (q). The enactments on this subject were intended to secure a hearing of the merits by justices not concerned in making the rate; and though the justices of a borough have no longer any criminal jurisdiction at courts of gaol delivery, general or quarter sessions, and the recorder is the sole judge, yet as the liberty to appeal to the sessions of the county is not taken away by express words, it appears to remain in these cases, concurrently with the authority of the recorder (r).

Rates, in nature of county rates, cannot be made or levied within boroughs by the recorder or any other justice of the borough; and by 6 & 7 W. IV. c. 105, s. 8, "no recorder, by virtue of his office, shall have power to allow, apportion, make, or levy, or do any act whatsoever, with relation to the allowance, apportionment, making, or levying

(0) And see R. v. Carmarthen, 4 B. & Ald. 291, cited 4 Ad. & Ell. 322.

(p) Reg. v. St. Lawrence, Ludlow, Q. B. 27th Nov. 1839, not yet reported. (1) See 17 Geo. II. c. 38, s. 5; 1 Geo. IV. c. 36.

(r) See per Abbott, J., R. v. Lanca

shire (Justices), 1 B. & Ald. 637; and see Reg. v. Somersetshire (Justices), 22nd June, 1839, Q. B. acc. Appeal against poor rate for parish of Bridgewater, held to have been properly carried to county quarter sessions, and their order affirmed. (Not yet reported.)

of any rate whatsoever." These words might seem sufficiently extensive to prevent a recorder from sitting as judge in appeals against any rates imposed within the borough; but are more probably intended to apply merely to the inchoate steps of making and levying them. It is held that the Queen's Bench has no jurisdiction over the decisions of the quarter sessions of a borough, on an appeal against a borough rate, in the nature of a county rate assessed by the town council; for by 5 & 6 W. IV. c. 76, s. 123, the certiorari was taken away as to convictions, orders, warrants, or other matters made by virtue of the act (s). But in order to give all persons interested in a borough fund a more direct and easy remedy for its misapplication, any order of the council of a borough for payment of any sum out of the borough fund, may now be removed into the Queen's Bench by certiorari (†).

In the Bath case an individual appealed to the quarter sessions of that borough and city, against a borough rate made after the six months allowed by 7 W. IV. and I V. c. 81, s. 2, for making retrospective borough rates. The rate appealed against was shown by affidavit to have been made to pay, as well debts due before 17th July, 1837, when 7 W. IV. and 1 V. c. 81, passed (u) for providing funds to pay that class of liabilities, as other debts accruing since that date. The rate, however, was good on the face of it; and the court held that the borough sessions had no power to entertain the appeal on any ground of personal grievance of the party, or of the retrospective nature of the rate; those not being matters for which s. 92 of the Municipal Corporation Act, 5 & 6 W. IV. c. 76, had provided such a remedy, under its terms of reference to the county rate appeal act, 55 G. III. c. 51, s. 14 (v).

Jurisdiction of County Justices in Boroughs.]-The justices assigned, or hereafter to be assigned, to keep the peace, in and for the county in which any borough is situated to which his majesty shall not have granted a separate court of quarter sessions of the peace that shall

(s) Reg. v. Rippon (Justices), 7 Ad. & E. 417, 2 N. & P. 411, S. C. argued 8th June, 1837. Judgment delivered, 23rd Nov. 1837; and see R. v. Surrey (Justices), 2 T. R. 504; also post, Chap. IX. s. 2.

(6) 7 W. IV. & 1 V. c. 78, s. 44, passed 17th July, 1837. This section, however, gives no remedy in the case of a borough rate; see per Patteson, J. R. v. Bath (Recorder), 1 P. & D. 624. However it has retrospective effect over orders dated before its passing, and a town council may apply for a certiorari

to remove an order of a previous town council, Reg. v. Bridgewater (Council), 2 P. & D. 558. Sitt. after Trin. 1839. (u) Sect. 2, passed in consequence of Woods v. Reed, 2 M. & W. 777.

(v) Reg. v. Bath (Recorder), 1 P. & D. 622. (Hil. 1839.) The rule is thoroughly established that no appeal lies from the act of magistrates to quarter sessions, unless expressly given. Reg. v. Ipswich (Recorder), 8 D. P. C. 103, on authority of R. v. Surrey, (Justices), 2 T.R. 504. See also post, Chap. IX. s. 2.

be holden in and for the same, shall exercise the jurisdiction of justices of the peace in and for such borough as fully as by law they and each of them can or ought to do in and for the said county, and no part of any borough, in and for which a separate court of quarter sessions shall be holden, shall be within the jurisdiction of the justices of any county from which such borough before 9th September, 1835, was exempt; any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding (w). Within ten days after the grant of a separate court of quarter sessions of the peace to any borough, the council thereof shall send a copy of such grant, sealed with the seal of the borough, to the clerk of the peace of the county in which such borough or any part thereof is situated. See as to quarter sessions in boroughs, post.

Sessions of the peace are of four descriptions:-Petit (or as they are usually called petty), special, general, and general quarter (or quarterly) sessions.

SECTION II.

OF PETTY SESSIONS.

Petty Session, what.]—A petty (or petit) session is a private meeting of two or more justices of the peace in the same place, for the execution of some power vested in them by law, either on their own mere motion, or at the requisition of some party entitled to require their attendance in discharge of some duty (x). There are many occasions in which this occurrence is essential to the validity of the act to be performed, and many others, in which, though a single magistrate may lawfully proceed, it is usual and expedient to obtain the attendance of two or more justices. The occasions of the first kind for holding petty sessions are now become so numerous, in consequence of the summary powers which have been of late years so frequently confided to two magistrates by acts of parliament, that any complete enumeration would fruitlessly occupy too large a space, and if incomplete would mislead. One of the most important, under recent statutes, is the meeting of two justices to bail parties accused of felony, which may now be done under 7 Geo. IV. c. 64, on a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner.

7 Geo. IV. c. 64.-Power of two or more Justices to bail in (w) 5 & 6 W. IV. c. 76, s. 111. (x) Reg. v. Rawlins, 8 C. & P. 339.

Felony (y).]-By this statute, entitled "An Act for improving the Administration of Criminal Justice in England," it is enacted, s. 1, "That where any person shall be taken on a charge of felony, or suspicion of felony, before one or more justice or justices of the peace, and the charge shall be supported by positive and credible evidence of the fact, or by such evidence as, if not explained or contradicted, shall, in the opinion of the justice or justices, raise a strong presumption of the guilt of the party charged, such person shall be committed to prison by such justice or justices in the manner hereinafter mentioned; but if there shall be only one justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody until he shall be taken before two justices at the least; and where any person so taken, or any person in the first instance taken before two justices of the peace, shall be charged with felony or on suspicion of felony, and the evidence given in support of the charge shall, in their opinion, not be such as to raise a strong presumption of the guilt of the party charged, and to require his committal; or such evidence shall be adduced on behalf of the person charged as shall, in their opinion, weaken the presumption of his guilt; but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial inquiry into his guilt, the person charged shall be admitted to bail by such two justices in manner hereinafter mentioned: provided always that nothing herein contained shall be construed to require any such justice or justices to hear evidence on behalf of any person so charged as aforesaid, unless it shall appear to him or them to be meet and conducive to the ends of justice to hear the same” (z).

(y) By 3 Ed. I. c. 15 (now repealed, quoad hoc, by 7 Geo. IV. c. 64), persons indicted of larceny, by inquests before sheriffs or bailiffs, or of light suspicion, or for petty larceny under 12d., (if not guilty of larceny aforetime), or guilty of receipt of felons, or of commandment, or force, or of aid in felony done, or guilty of any other trespass, for which one ought not to lose life or member, were bailable by sufficient surety, whereof the sheriff was answerable. See also 23 H. VI. c. 9.

(z) Duty of justices as to persons charged with felony.]-By 7 Geo. IV. c. 64, sec. 2 (amending and extending the previous enactments of 1 & 2 Ph. & M. e. 13, and 2 & 3 Ph. & M. c. 10, repealed by sec. 32), the two justices, before they

shall admit to bail, and the justice or justices before he or they shall commit to prison any person arrested for felony, or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or so much thereof as shall be material, into writing, and the two justices shall certify such bailment in writing.

And every such justice shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony, or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or sessions of the peace,

The form of the recognizance taken from the accused, and his sureties, when he is admitted to bail, will be found post; and now, by 5 & 6 W. IV. c. 33, s. 3, any two justices, of whom one or other shall have signed the warrant of commitment, may admit any person charged with felony, or against whom any warrant of commitment for that offence is signed, to bail, in the manner and according to the provisions directed by 7 Geo. IV. c. 64, in such sum of money, and with such surety or sureties, as they shall think fit; and notwithstanding such person has confessed the matter laid to his charge, or notwithstanding such justices should not think such charge groundless, or should think that the circumstances are such as to raise a presumption of guilt. Thus in cases where the proofs in support of the charge have raised a presumption of the guilt of the accused which has been afterwards rendered less cogent, though not absolutely groundless, by evidence adduced on his behalf, as well as in the instance of his confessing the crime, the two justices may give a party accused of felony his liberty on bail, if that step does not appear to them likely to place in hazard his appearance at the proper time and place.

Copies of Depositions allowed to Prisoners.]-All prisoners held to bail, or committed to prison for any offence against the law, are now entitled to require and have on demand (from the person who shall

at which the trial thereof is intended to be, and then and there to prosecute, or give evidence against the party accused.

and

And such justices and justice respectively shall subscribe all such examinations, informations, bailments, recognizances, and deliver, or cause the same to be delivered, to the proper officer

of the court in which the trial is to be before, or at the opening of the court.

Duty of justice as to persons charged with misdemeanor.]-By sect. 3 every justice of the peace before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or so much thereof as shall be material, into writing, before he shall commit to prison, or require bail from the person so charged: and in every case of bailment, shall certify the bailment in writing; and shall have authority to bind all persons, by recognizance, to appear to prosecute, or give evidence against the party accused, in like man

ner as in cases of felony, and shall subscribe all examinations, informations, bailments, recognizances, and deliver, or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony. By sec. 4, the same provision is enacted as to coroner's inquisitions.

Fining justice for not delivering depositions, &c.]-By sect. 5, if any justice, or coroner, shall offend in any thing contrary to the true intent and meaning of these provisions, the court, to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been deli. vered, shall, upon examination and proof of the offence, in a summary manner, set such fine upon every such justice or coroner, as the court shall think meet.

Extent of the above enactments.]—All these provisions relating to justices and coroners, shall apply to the justices and coroners, not only of counties at large, but of all other jurisdictions.