JUDGMENT OF QUARTER SESSIONS-continued. For what technical errors will not now be stayed or reversed, id. Debt will not lie on, 441 IN APPEALS; see APPEAL, ORDER OF JUSTICES, ORDER OF SESSIONS Parol evidence may be given to explain the grounds of, 854 Altering during session; see GENERAL QUARTER SESSIONS In appeals against orders of removal, how far conclusive, 852, et seq. In bastardy appeals, 1029 In poor law appeals; see ESTOppel Special entry of judgment in appeals where decision turns not on merits, but JURISDICTION, Of justice should appear on warrant, &c. 94; see CONVICTION Must appear on face of justices' order, or will not be inferred in support of it, OF SESSIONS, In general, how created, 1 When exclusive, 3, 55 In cities and towns corporate, 3-8 Of county quarter sessions and justices in boroughs, 3—6, 8 OF THE QUARTER SESSIONS OVER OFFENCES, Generally by their commission over felonies and indictable offences, except How limited by late statute, 157 Over offences newly created misdemeanour by statute, 159, 344 Actual exercise of jurisdiction by, before June, 1842, 160 When sessions may send bills found before them to assizes for trial, with Exceeding, in award of sentence, 577 Of county sessions within boroughs, 165 Extent of jurisdiction in point of locality, id. ORIGINAL JURISDICTION OF THE SESSIONS IN CIVIL AND PENAL MAT- In case of apprentices, articles of the peace, bastardy, &c., incorrigible JURORS IN GENERAL; see GRAND JURY, PETTY JURY Form of returning panel of, by sheriff, 70 Revision of the law respecting, by 6 G. IV. c. 50, 126 Parties liable to serve as grand and petty jurors at sessions, id. Parties exempted from serving as, 128 Chartered immunity from serving as, abolished in boroughs, id. Liability to serve as, on coroner's inquest, 431 Persons disqualified from serving as, 129 Return of jurors to sessions-warrant by clerk of peace to high constables to Forms of precepts, returns, and warrants, 130, et seq. Lists to be prepared by parish officers, and affixed on doors of places of wor- Form of list, id. Special sessions for correcting lists, by striking out names of persons exempted Corrected lists as allowed by special sessions, are to be delivered by them to Lists to be kept by clerk of the peace and copied into "Jurors' book," to be JURORS IN GENERAL-continued. delivered each year to the sheriff for use for one year, beginning 1st January Names of petty jurors to be taken from this "Jurors' book" only, 134 Process to the sheriff, requiring him to return juries from the body of the Grand, how summoned; see GRAND JURY Petty, how summoned; see PETTY JURY At sessions qualification and disabilities of grand and petty jurymen are similar, Secus at assizes, id. Irish peer may serve on grand or petty jury if he is an M. P., id. How individuals summoned to serve as grand or petty jurors, 135 Service within a certain time, and what, exempts from further service, id. Time and mode of summoning, 136 Fining jurors for not attending, id. Contempt by, in not attending, refusing to be sworn, (subject to exceptions Persons exempted from serving, but summoned, must attend, and claim their 138 Qualification of jurors at the London sessions, id. From what place petty jurors might come at common law, 210 Impanelling at quarter sessions for other than criminal trials, 73; see LOCAL Returning sufficient number of, to provide for challenges, 70 Exhausting jury panel by death, challenges, &c. 490, 491 Where panel of petty jurors is exhausted by challenges, &c. court may orally Son of, serving as juror, though not summoned, a mistrial, 492 Discharging juror on illness, withdrawing juror, 568, 569 Verdict, protection, &c.; see PETTY JURY, TRIAL Serving as, on affirmation how pleaded, 200, 533 JURY PROCESS, Error in, 197 JUSTICES OF PEACE, Original institution was of keepers of the peace, 2 In, of, or for a county, 875; see Addendum to 727 Their commission set forth, 79; see 90 In general can only act in their own county, 79; see 82, 209 Must reside in the county for which they act, 82 Resident in a place not a county of itself, but having exclusive jurisdiction, may act within such place for adjoining county, id. May act in one county for detached parts of another, when, id. 209 Duty of, as to persons charged before them with felony or misdemeanour, 9, 10 When expedient that more than one should act, 11 Who disqualified from acting in alehouse licensing; see ALEHOUSE Meaning of the phrase "of the quorum," 81 QUALIFICATION OF, IN COUNTIES, Annual amount of property they must possess as long as they act, or liable Acting as, after assigning property are not entitled to notice of action, 83 JUSTICES OF PEACE-continued. What justices in boroughs, &c. need not be thus qualified, 85 To be subscribed and kept in record of session, evidence, id. Justice must give notice to informer of lands not specified in oath, id. Declaration by, in lieu of sacramental test, 88 Roman Catholic magistrates' oaths and declaration as to Protestant church, 87 Except in towns corporate, or towns being counties of themselves, or in bo- When and how discharged from their office, id. Not amerced for non-attendance on sessions; exception, 90 Wages for attendance at sessions, id. Fees of clerks of, 91 How should dispose of penalties received by them out of session, 91, 109 May commit for contempt of them in execution of office when in session, id. Cannot grant an attachment for contempt, 101; see ATTACHMENT Power of justice out of sessions to summon witnesses; see WITNESS Acting out of sessions never liable criminally for mere error in judgment, short Information against, must be moved for within two terms after offence, and In second term, id. Notice to, of motion for information, id. On information granted, prosecutor must not proceed civilly, id. If action and indictment be brought for same cause, the indictment may be Costs of information against, 93, 98 When liable in trespass, and when in case, 94, 95 When a conviction protects a magistrate, and when not, 94 Limitation of action against, 95 Notice of action against a magistrate, and its requisites, 96, 97 Justice is entitled to notice, if acting on bona fide belief he did his duty, id. Tender of amends by a magistrate before action brought, 98 Payment of money into court by, after action, id. Venue in action against local, id. Need not plead specially, id. Words "any two justices," exclude quarter sessions, 711 Costs of unsuccessful applications to Q. B. against, 98 Power of justices in session to commit, &c. for contempt, &c. 99, 101 Cannot be fined for act done in session, 101 Whether criminal proceedings will lie for acts done in, 101, 102 Judicial power of justices in session; see DELEGATING POWER Orders of; see ORDERS OF JUSTICES, &c. KING'S EVIDENCE, 155, 156, 175 KNIGHT, 204, 214 KNOWLEDGE; see GUILTY Knowledge LABOUR; see HARD LABOUR A landlord's tax, 682 A parochial tax, 825 LANDLORD'S TAXES, Viz. ultimately payable by landlord, as land tax, sewer rate, &c., 685 Called a landlord's tax, being paid by tenant who deducts it from rent, 685, 10 A parochial tax, 825 LARCENY AT COMMON LAW, Distinction between grand and petty, abolished, 235 Definition of, id. What amounts to a criminal taking, 236 Wholly depriving owner of chattel without benefit to felon, instances, 236, 247 Petty thefts, 253 Of notes, bills, orders, deeds, or animals, 238, 258; see Addenda as to dogs Must be things of intrinsic value, id. Must be things in which there is a property, therefore not wild animals, &c., id. What possession is necessary to make a taking from it larcenous, 239 Distinction between larceny and swindling or breach of trust, in cases of sale, Finding goods, when larceny, 239 Owner parting with property or merely with physical possession, e. g. where Possession of plate, sheets, &c. by guest at inn, 244 Taking lucri causâ, 247 Whether bailment determined before felonious taking, as in cases of carriers, Borrowing goods, 245 How far things taken must be another's, 246 How a man may be guilty of larceny of his own goods, 246, 255 Special property in goods stolen, as by carrier, &c.; see CARRIER Breaking bulk, 245 Every larceny is now subject to same incidents as grand larceny, 254 In a dwelling-house, 262, 267 Intent to steal essential to larceny, 247, et seq. Claim of right, 248 In one county or part of united kingdom, and carrying into another, 178; see In Scotland, Ireland, Man, Guernsey, Jersey, France, &c. and having possession On borders of counties, 181 On journeys or inland voyages, 182 Form of indictment for larceny, 249 Form of indictment for subsequent felony after previous conviction, id. Points relating to indictment for larceny, 251, et seq. Description of the things stolen, as to number, quantity, species, entire or mixed, value, annexed to freehold, &c. 251 Statement of ownership of goods stolen, 254 If owner or principal felon is unknown, 255 When goods stolen by A. are stolen from him by B., 216, 257 Allegation of offence, 257 Of shroud or coffin, 256 Form of indictment for stealing milk from a cow, 257 For stealing goods of party unknown, id. Punishment of simple larceny, by transportation, whipping, imprisonment with hard labour or solitary confinement, id. LARCENY, AGGRAVATED, rarely prosecuted at sessions, 304 LARCENY BY CLERKS AND SERVANTS, 282; see EMBEZZLEMENT, LARCENY OF DEER, VENISON, &c.; see DEER LARCENY IN A DWELLING-HOUSE, some person therein being put in Form of indictment for that offence, 267 LARCENY IN A DWELLING-HOUSE to 51. value or more Form of indictment, 267 Proofs requisite to establish this offence, id. LARCENY OF MINERALS, &c.; see MINERALS, LEAD LARCENY OF SECURITIES, 258; see SECURITIES-STEALING LARCENY OF TREES; see TREES LARCENY BY TENANTS AND LODGERS, 282 LATE KING, 207, 225 LEAD, RIPPING AND STEALING, Form of indictment for stealing lead, &c. fixed to building, 271 LEET; see CONSTABLE, CONTEMPT LEGAL MEMORY, 399 LEGAL PROCEEDINGS, LETTER, Stealing, 530, 304 From prisoner, using against him as a confession, 510, 511 LIBEL, Arresting libeller before indictment found on ground of tendency to provoke Jurisdiction of sessions over, taken away, 158 LIBERTIES of borough, 165 LICENSE; see CONSENT Acceptation of word differing from its ordinary meaning, 937 |