A

PRACTICAL GUIDE,

&c. &c.

CHAPTER I.

OF THE SEVERAL SESSIONS OF THE PEACE.

§ 1. Of Session of the Peace in general.

2. Of Petty Sessions.

3. Of Special Sessions, including those holden under

9 Geo. 4. c. 61. for licensing Alehouses.

4. Of General Sessions of the Peace.

· 5. Of General Quarter Sessions.

§ 1. OF SESSIONS OF THE PEACE IN GENERAL.

THE term "SESSION of the Peace" is used to designate Session what. a Sitting of Justices of the Peace, for the execution of those purposes which are confided to them by their commission, and by divers acts of parliament. The words "of the Peace" are added to distinguish these Sessions from all others, of which there are many kinds; as for example, Sessions of Parliament, Great Sessions of Wales, Court of Session in Scotland, Session of Weights and Measures in London, and others.

risdiction.

Sessions of the Peace may be holden in respect of Extent of jujurisdictions of greater or of less extent, according to the pleasure of the crown.

The King may grant a commission of the peace for a county, and under such commission the jurisdiction of the justices named in it will extend over the whole of such county; or he may grant it for any particular district or portion of a county, exclusive of the jurisdiction of the justices of the county at large; or he may by charter give the power of acting as justices to certain officers in towns corporate, cities, and other places. In the latter cases, however, the justices of the county at large, in which

B

Petit Session,

such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering by special words in the commission or charter of the inferior jurisdiction, called technically "a non intromittant clause ;" and, in the absence of such clause, will retain a jurisdiction concurrent with that granted by commission or charter. (a)

In most cities and corporate towns there are Sessions held before local magistrates, whether the county justices be excluded, or not; and such Sessions have authority exactly similar to the Sessions of a county, except in a very few instances; one of the most important of which is their incapacity to determine appeals from orders of removal of the poor, which are directed by 8 and 9 Will. 3. c. 30. to be heard at the General or Quarter Sessions for the county, though the orders are made by local magis

trates.

Sessions are of four kinds or descriptions: Petit, or, as they are usually denominated, Petty; Special; General; and General Quarterly Sessions.

§ 2. OF PETTY SESSIONS, AND THE OCCASIONS ON

WHICH THEY MUST BE, OR SHOULD BE, HOLDEN.

A PETTY or PETIT SESSION is a meeting of two or more justices of the peace, holden of their own mere motion, for the execution of some power vested in them when necessary. by law. There are some occasions on which this concurrence is essential to the legality of their acts; there are others, on which, though a single magistrate may proceed, it is advisable and usual to procure the attendance of two or more. The following are the more ordinary and prominent occasions when the attendance of two magistrates is required, arranged in the alphabetical order of their subjects, a mere enumeration of which will suffice in this place, as reference will be necessary to the statutes, applicable to every case, before it is decided.

ALEHOUSES. To convict publicans of any breach of their recognizances for the first and second offences; after which a third charge may be disposed of at the General Annual Licensing Meeting, or sent to the Quarter Sessions, to be tried by a jury if required by the party accused; and, if he be convicted by either, the license will be forfeited; or the party fined, or both; 9 Geo. 4. c. 61. s. 21.

(a) The King v. Sainsbury, 4 T. R. 456.

APPRENTICES, PARISH.-To assent to binding, 56 Geo. 3. c. 139. s. 1; to allow indenture, id.; to sanction the allowance of indenture when the master lives beyond the jurisdiction of the magistrates assenting to the binding, id. s. 2; to make order for assigning, id. s. 8; to bind to sea-service, 2 and 3 Ann, c. 6. s. 1; to discharge, 56 Geo. 3. c. 139. s. 9; to register, 42 Geo. 3. c. 46; to recompense when discharged for ill usage, 32 Geo. 3. c. 57. s. 11.

APPRENTICES IN GENERAL.To punish apprentices on complaint of masters; or discharge apprentices on their own complaint of ill-usage, and order the premium, or part, to be refunded where no more than 251. was paid, 20 Geo. 2. c. 19; 32 Geo. 3. c. 57; 4 Geo. 4. c. 29.

BAIL. To take bail for appearance of persons charged with felony, when the evidence shall not raise a strong presumption of guilt, but there shall appear ground for judicial inquiry, 7 Geo. 4. c. 64. s. 1.(b)

(b) By this statute, entitled "An Act for Improving the Administration of Criminal Justice in England," it is enacted, "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.

By this statute the justices are required, before they admit to bail or commit for trial, to take the examination of the party accused

Petit Session,

such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering by special words in the commission or charter of the inferior jurisdiction, called technically "a non intromittant clause ;" and, in the absence of such clause, will retain a jurisdiction concurrent with that granted by commission or charter. (a)

In most cities and corporate towns there are Sessions held before local magistrates, whether the county justices be excluded, or not; and such Sessions have authority exactly similar to the Sessions of a county, except in a very few instances; one of the most important of which is their incapacity to determine appeals from orders of removal of the poor, which are directed by 8 and 9 Will. 3. c. 30. to be heard at the General or Quarter Sessions for the county, though the orders are made by local magis

trates.

Sessions are of four kinds or descriptions: Petit, or, as they are usually denominated, Petty'; Special; General; and General Quarterly Sessions.

§ 2.

OF PETTY SESSIONS, AND THE OCCASIONS ON WHICH THEY MUST BE, OR SHOULD BE, HOLDEN.

A PETTY OF PETIT SESSION is a meeting of two or more justices of the peace, holden of their own mere motion, for the execution of some power vested in them when necessary. by law. There are some occasions on which this concurrence is essential to the legality of their acts; there are others, on which, though a single magistrate may proceed, it is advisable and usual to procure the attendance of two or more. The following are the more ordinary and prominent occasions when the attendance of two magistrates is required, arranged in the alphabetical order of their subjects, a mere enumeration of which will suffice in this place, as reference will be necessary to the statutes, applicable to every case, before it is decided.

ALEHOUSES. To convict publicans of any breach of their recognizances for the first and second offences; after which a third charge may be disposed of at the General Annual Licensing Meeting, or sent to the Quarter Sessions, to be tried by a jury if required by the party accused; and, if he be convicted by either, the license will be forfeited; or the party fined, or both; 9 Geo. 4. c. 61. s. 21.

(a) The King v. Sainsbury, 4 T. R. 456.

APPRENTICES, PARISH.-To assent to binding, 56 Geo. 3. c. 139. s. 1; to allow indenture, id.; to sanction the allowance of indenture when the master lives beyond the jurisdiction of the magistrates assenting to the binding, id. s. 2; to make order for assigning, id. s. 8; to bind to sea-service, 2 and 3 Ann, c. 6. s. 1; to discharge, 56 Geo. 3. c. 139. s. 9; to register, 42 Geo. 3. c. 46; to recompense when discharged for ill usage, 32 Geo. 3. c. 57. s. 11.

APPRENTICES IN GENERAL.-To punish apprentices on complaint of masters; or discharge apprentices on their own complaint of ill-usage, and order the premium, or part, to be refunded where no more than 257. was paid, 20 Geo. 2. c. 19; 32 Geo. 3. c. 57; 4 Geo. 4. c. 29.

BAIL. To take bail for appearance of persons charged with felony, when the evidence shall not raise a strong presumption of guilt, but there shall appear ground for judicial inquiry, 7 Geo. 4. c. 64. s. 1.(b)

(b) By this statute, entitled "An Act for Improving the Administration of Criminal Justice in England," it is enacted, "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.

By this statute the justices are required, before they admit to bail or commit for trial, to take the examination of the party accused