[or, house of correction] of the said county, for the space of

calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of pounds [the fine] shall be paid to J. K. one of the overseers of the poor of the said parish of — in which the said offence was committed, to be by him applied according to the direction of the statute in that case made and provided; and that the said sum of five shillings, the value of the said tree, shrub, and sapling, so stolen as aforesaid, shall be paid to the said O. F.; and I order that the said sum of two shillings for costs shall be paid to G. H. [the complainant]. Given, &c.

Conviction on the same Section for Cutting Trees, Shrubs, &c. with intent to Steal.

Be it remembered, that on, &c. at, &c. A. B. of, &c. labourer, is conto wit.victed before me C. D. one of her majesty's justices of the peace for the said county, for that he the said C. D. on, &c. at, &c. one ash tree, one laurel shrub, and one oak sapling, the property of E. F. then and there growing, unlaw. fully did cut and damage, with intent the same then and there to steal, take, and carry away, thereby then and there doing injury unto the said E. F. to the amount of five shillings, against the form of the statute in that case made and provided; I, the said C. D. do therefore adjudge the said A. B. for his said offence, to forfeit and pay the sum of pounds over and above the amount of the injury so done as aforesaid, and the further sum of five shillings, being the amount of the said injury, and also to pay the sum of two shillings for costs, and in default, &c. [Further adjudication, as in the last form.]

Conviction for a Second Offence under the same Section. [State the offence immediately charged, as in the preceding form, if it be damaging with intent to steal; or as in the next preceding form if it be stealing, and then proceed:]—And it is now proved before me the said C. D. that the said A. B. was heretofore, on, &c. duly convicted before G. H. one of her majesty's justices of the peace for the county of ―, for that he the said A. B. on, &c. at, &c. [here state the previous offence as in the former conviction,] and the said C. D. was thereupon adjudged for his said last-mentioned offence to forfeit and pay, &c. [here set out the adjudication of the former conviction]: I, the said C. D. do therefore adjudge the said A. B. for such his said second offence, of which he is now convicted, to be im prisoned in the house of correction of the said county of —, and there kept to bard labour for the space of calendar months. Given, &c.

VAGRANCY.

Be it remembered, that on the

General Form of Conviction given by 5 G. IV. c. 83, s. 17 (s). day of in the year of our Lord to wit. at in the county of ---, A. B. is convicted before me J. P. one of her majesty's justices of the peace in and for the said county, of being an idle

(s) See the substance of the provisions of the Vagrant Act, as to the se

veral classes of offenders, ante, p. 618. Under the former vagrant acts, the con

and disorderly person [or," a rogue and vagabond," or, 66 an incorrigible rogue," as the case may be] within the intent and meaning of the statute made in the fifth year of the reign of his majesty King George the Fourth, intituled "An act for the punishment of idle and disorderly persons, and rogues and vagabonds, in that part of Great Britain called England;" that is to say, for that the said A. B. on, &c. [here state the offence proved before the magistrate]. And for which said offence the said A. B. is ordered to be committed to the house of correction at

there to be kept to hard labour for the space of [or, "until the next general or quarter sessions."] Given, &c.

victions were long and special; but the last act gives the above summary form, which may easily be adapted to each particular case, by observing the general rules for the statement of the offence

already given. The forms, therefore, which necessarily occupied a considerable space in the second edition of this work, are omitted in this, as they were in the third and last editions.

CHAPTER XIII.

OF THE TERMINATION OF THE GENERAL QUARTER SESSIONS OF THE PEACE:-AND OF MATTERS INCIDENT TO OR ARISING OUT OF ITS PROCEEDINGS.

SECTIONS.

1. Of the Termination of the Session.

II.-Of Reference to Judges of Assize or the Court of Queen's Bench on a Spe

cial Case.

III.-Of Removal of Proceedings by Certiorari.

IV.-Of Costs.

V.-Of Outlawry.

VI.-Of Pardon.

VII.-Of Estreats.

VIII.-Of Restitution.

SECTION I.

OF THE TERMINATION OF SESSIONS.

Termination-Adjournment.]—All sessions are terminated, as of course, by the departure of the justices, the constituted authorities by which they are holden; unless they are previously prolonged by adjournment, proclaimed in the presence of at least two justices (a). But we have seen that such adjournment ought not to be made to a day beyond that fixed for the meeting of the next original session, for if it is, a judgment at such adjourned session will be reversed (b).

Altering Judgments during the Session.]-The whole session is considered in law as one day, and accordingly, all the proceedings have

(a) R. v. Mullaney, 6 C. & P. 90; ante.

(b) R. v. Grince, 19 Vin. Abr. 358.

As to the caption of indictments, orders, &c. made at adjourned session, see Index, tit. Caption.

reference to the first day, and the justices may, during its continuance (c), as we have seen (d), annul their former order made in the same session but this is a power to be exercised with delicacy and discretion, for if enforced by a fresh accession of justices, in the spirit of party or other unbecoming manner, an information would be granted against those of them who were concerned in the transaction (e). It necessarily follows from what has been advanced, that as the power of the court expires at the conclusion of its sitting, no order there made can be reviewed, or placed in any new situation, at any subsequent session, unless kept open by adjournment of the session itself (ƒ).

Referring Questions to Superior Tribunal.]-But besides these means by which the justices may, purely of their own authority, procrastinate their decisions on all subjects, there are other modes by which any question of legal difficulty may be referred by the justices, of their own authority, to the opinion of a superior tribunal; as by reference of the whole case or a particular point in it (g), to the next judges of assize, or by stating the special circumstances of the case, for the consideration of the court of queen's bench, as to its legal effect.

Besides these modes originating with the sessions themselves for taking the opinion of a higher tribunal, the paramount writ of certiorari will, at the instance of either party, in various stages of proceedings in which it is not taken away by statute, withdraw the cognizance of them to the court of queen's bench.

SECTION II.

OF REFERENCE TO A JUDGE OF ASSIZE, OR THE COURT OF QUEEN'S BENCH, ON A SPECIAL CASE.

Power and Duty of Sessions in respect of granting Special Cases.]-Though, as we have seen, the quarter sessions cannot delegate their judicial authority, it is open to them in their discretion to give judgment on an appeal, subject to a special statement of the facts for the

(c) R. v. Leicestershire (Justices), 1 M. & S. 442; St. Andrew, Holborn, and St. Clement Danes, Salk. 494, 606, S. C. See also ante, p. 58; and Thornley, v. Fleetwood. Stra. 383. (d) Ante, p. 61.

(e) 2 Nolan, 4th ed. 536, 546; ante,

p. 61.

(ƒ) Ante, p. 61, note (0); Cockfield or Cuckfield v. Boxted (Inh.), Salk. 477. (g) R. v. Tedford, 2 Burr. S. C. 57.

opinion of the judge of assize, or of the court of queen's bench, usually called a "special case.'

The former tribunal was that most commonly resorted to in early times, by adjourning the appeal, and stating the facts in dispute specially in the order of sessions. The order was then quashed or confirmed according to the judge's opinion (g).

Though this practice has of late fallen into disuse, for which change many reasons might be given (h), the many important appeals in which the suitor is deprived of the common law remedy of certiorari, will very probably occasion its more frequent adoption.

The present course, however, where no particular circumstances prevent it, is for the sessions which gave judgment on the appeal (i) to state (j) a special case for the opinion of the court of queen's bench. The justices may take this step without consent of parties (k), or at their request, whenever they themselves entertain reasonable doubt as to the law applicable to the facts proved at the hearing of any appeal, whether against an order of removal, a poor's rate, or any other order or conviction where the certiorari is not taken away by statute(). For though the court of queen's bench has not in general jurisdiction as a court of error, to review the judgments of sessions in subject matters over which they have jurisdiction (m), or to grant new trials for improper rejection or reception of evidence, where no case is reserved (n); it will take cognizance of a special case sent up by the

(g) See 2 Nolan, 558, 4th ed.; 4 Burn, 28th ed. 920. Or, as it seems from the judgment of Probyn, J., in R. v. Tedford, Burr. S. C. 63, the single point of law in dispute was stated; but see per Hardwicke, C. J., ibid.

(h) The chief reason probably was, that the decision of the judges, when the time allotted to perform the more important business of the county admitted of its being obtained (which was not always the case, R. v. Tedford, Burr. S. C. 57), was not final, unless there was a manifest consent of both parties, as by their arguing the case by counsel, &c. Cuerden v. Leyland, Stra. 903; and in R. v. Natland, Burr. S. C. 793, after the judge had heard counsel, and given his opinion in writing, the court said it was very improper to take up the matter again, refused to go into the matter of quashing the order of sessions made thereon, and discharged the rule for so doing.

(i) It cannot be granted by a subse

quent (original) session, R. v. Michaelstone Vedoes, Mich. 1814, 2 Nol. 4th ed.

558.

(j) See post, p. 906.

(k) R. v. Sussex (Justices), 2 Nol 4th ed. 558; 2 Bott, pl. 1002, 6th ed.

(1) R. v. Allen, 15 East, 333. See 10 B. & C. 163; 1 B. & Adol. 113; 8 D. & Ry. 117. See as to convictions, per Le Blanc, J., R. v. Allen, 15 East, 346; and other cases, Paley, 3rd ed.

301.

(m) R. v. Monmouthshire (Justices), 8 B. & C. 139; S. C. nom. R. v. Uske, 2 M. & Ry. 172, cited and acted on Reg. v. Cheshire (Justices), 1 P. & D. 89. See 1 Ventris, 210; unless the defect appears on the record when removed by certiorari. See 1 M. & S. 446; R. v. Leicestershire (Justices) ; R. v. James, 2 M. & Sel. 321; ante, Chap. IX. sect. 4; R. v. Oulton, Barr.

S. C. 64.

(n) R. v. Frieston (Inh.), 5 B. & Adol.

597.