bills duly signed, a month before they can commence an action for payment (h). This provision in a former act was extended to charges for criminal or civil business done at the sessions of the peace, as well as in the superior courts (i), and bills for such business exclusively were held subject to taxation by the officers of the queen's bench as in other cases (k). Though persons acting as attornies in the court of quarter session, without being duly qualified, cannot recover any compensation for their services (1), persons who are unqualified and irresponsible, too often obtain practice there to the great injury of those who are induced to employ them, and of others against whom they may employ the law as the engine of petty oppression. The bench, therefore, will always confer benefit on the suitors by repressing such attempts; and the members of the bar only perform the duty they owe to the court in assisting to detect them. (h) 6 & 7 Vict. c. 73, s. 37; and see Archbold's New Practice, tit. Attornies, edit. 1844. (i) Clarke v. Donovan, 5 T. R. 694; 1 Esp. 137, S. C. (*) Ex parte Williams, 4 T. R. 124, 496; Sylvester v. Webster, 9 Bing. 388; 2 Moo. & Sc. 506. See 3 Tyr. 198. 66 (1) 6 & 7 Vict. c. 73, s. 35. This is an offence," and shall be deemed a contempt of the court in which the proceeding shall have been carried on, and may be punished accordingly, ib. CHAPTER III. OF THE ORIGINAL CRIMINAL (a) JURISDICTION AND PRELI- SECTIONS. 1.-Of the Criminal Matters over which the Court of Quarter Sessions exercises Jurisdiction, 156. II. Of the Time and Form of opening the Court, taking Oaths, &c., 168. III. Of calling the Grand Jury; IV. Of dividing the Court of Quarter SECTION I. OF THE MATTERS OVER WHICH THE COURT OF QUARTER SESSIONS EXERCISES JURISDICTION. THE jurisdiction of the court of quarter sessions is criminal and civil, and arises from the commission of the peace itself, as settled under 18 Ed. III. c. 2, and 34 Ed. III. c. 1; and from the express provisions of numerous statutes (a). Offences over which the Sessions have Jurisdiction by the Terms of their Commission.]-By their commission justices in session are directed to hear and determine, inter alia," all felonies, trespasses, and all other "all crimes and offences of which such justices may or ought lawfully to inquire" (b). Before 30th June, 1842, they had power under the term "felonies" to try all capital felonies, e. g., murder, although not specially named (c); but were held to have no jurisdiction over forgery (d); while under the (a) The original jurisdiction of the quarter sessions in Penal and Civil matters are treated of in Chapter VIII: their jurisdiction by statute in Appeals in Chapters IX. X. XI. & XII. and other general matters within their jurisdiction are pointed out in Chapter XV. (b) Page 65. (c) Hawk. B. 2, c. 8, s. 33. (d) Id. s. 38, post, p. 158; 2 East, 18. term "trespasses " they had authority to try all misdemeanours which either involve a breach of the peace or have a tendency to produce it, including perjury (if indicted under 5 Eliz. c. 9), and conspiracy (e), (both now taken from their jurisdiction): but they could not try perjury when prosecuted at common law (ƒ). "An By 5 & 6 Vict. c. 38, (passed 30th June, 1842,) intituled, Act to define the Jurisdiction of Justices in General and Quarter Sessions of the Peace," reciting, that it is expedient that the powers of justices in general and quarter sessions of the peace with respect to the trial of offences be better defined; it is enacted, That after the passing of this act neither the justices of the peace acting in and for any county, riding, division, or liberty, nor the recorder of any borough, shall, at any session of the peace, or at any adjournment thereof, try any person or persons for any Treason (g), [semble previously out of their jurisdiction] (h), murder, or capital felony, or for any Felony which, when committed by a person not previously convicted of felony, is punishable by transportation beyond the seas for life (i), or for any of the following offences; (that is to say,) 1. Misprision of treason: [semble previously out of their jurisdiction] (h). 2. Offences against the queen's title, prerogative, person, or government, or against either house of parliament: 3. Offences subject to the penalties of præmunire: [e. g., usury under 13 El. c. 8, s. 5, 6; 39 El. c. 18, s. 30, not repealed; 7 & 8 G. IV. c. 27; but præmunire seems to have been also previously out of their jurisdiction.] 4. Blasphemy, and offences against religion : 5. Administering or taking unlawful oaths: (e) R. v. Rispal, 3 Burr. 1320. Post, p. 160; 2 Hawk. c. 8, s. 38; R. v. Haynes, Ry. & M. N. P. C. 298: Reg. v. Yarrington, Salk. 406; R. v. Gibbs, 1 East R. 173; Reg. v. Bartlett, 12 L. J. (M. C.) 127. (g) Treason, misprision of treason, or præmunire, being offences against the peace, any one or more justices may cause parties accused of those offences to be arrested, may examine and commit them, may bind over witnesses, and transmit the examinations and information to the next sessions of oyer and terminer, and gaol delivery; 2 Hawk. P. C. c. 8, s. 59; 1 Hale's P. C. 305, 372; 2 id. 44; Bac. Ab. tit. Justices (E.) The doubt, whether they might or might not try prisoners for clipping coin under 3 Hen. V. c. 7, was put an end to by 2 W. IV. c. 32, s. 1, which repealed that act; and see 2 Hale's P. C. 45. (h) See n. (g). (i) Horse, cattle, or sheep-stealing is no longer punishable with death, or, under 2 & 3 W. IV. c. 62, with transportation for life without power of mitigation by the court. By 7 W. IV. & 1 Vict.c. 99, s. 1, transportation for years is substituted. 6. Perjury and subornation of perjury: [previously held out of their jurisdiction when prosecuted at common law (k), though within it by express words of 5 El. c. 9, if prosecuted, as sometimes. happened, under that act]. 7. Making or suborning any other person to make a false oath, affirmation, or declaration, punishable as perjury or as a misdemeanour : 8. Forgery [previously held out of their jurisdiction] (?). 9. Unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern: 10. Bigamy, and offences against the laws relating to marriage: 11. Abduction of women and girls : 12. Endeavouring to conceal the birth of a child: 13. Offences against any provision of the laws relating to bankrupts and insolvents : 14. Composing, printing, or publishing blasphemous, seditious, or defamatory libels: 15. Bribery: 16. Unlawful combinations and conspiracies, except conspiracies or combinations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by one person: 17. Stealing or fraudulently taking, or injuring or destroying, records or documents belonging to any court of law or equity, or relating to any proceeding therein: 18. Stealing or fraudulently destroying or concealing wills or testamentary papers, or any document or written instrument being or containing evidence of the title to any real estate or any interest in lands, tenements, or hereditaments: Provided always, that nothing herein shall be construed to give authority to the justices of the peace acting in and for the cities of London and Westminster, the liberty of the tower of London, the borough of (k) R. v. Higgins, 2 East 18. The exception in the case of perjury was so completely established, that if an indictment at common law for this offence was found at sessions, and removed by certiorari to the judge at nisi prius, he would refuse to try it, as being, to every intent and purpose, a nullity; R. v. Haynes, Ry. & M. C. N. P. 298. But it would seem that, as perjury cannot be charged on an oath taken be- See Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, to try any person or persons for any offence committed or alleged to be committed within the jurisdiction of the central criminal court, which such justices are restrained from trying under the central criminal court act, 4 & 5 W. IV. c. 36, s. 17. Subject to the above restrictions, it seems to be clear, that where an offence is created, and declared a misdemeanour by a statute passed since the institution of the office of a justice of the peace, it may be tried by a court of quarter sessions, unless there is some special direction that it shall be heard and determined by another court(l). Thus, where a statute declared lighting fires on the coast at particular times to be "a misdemeanour," it was held indictable at quarter sessions, though the act directed that the offender should be committed to the "next court of oyer and terminer, great session, or gaol delivery;" and in case of indictment found, should forthwith plead and be tried without traverse (m). (1) See Com. Dig. tit. Justice, B. 3. (m) See R. v. Cock, 4 M. & Sel. 71, (decided Easter Term, 1815, on 47 G. III. sess. 2, c. 66, s. 34.) Blackstone, in 4 Comm. 271, has laid it down, that they cannot try any offence newly created (by statute), without express power given them by the statute which creates it. He cites, as authorities for his position, Reg. v. Yarrington, Salk. 406, a case of forgery indicted at the quarter sessions, Reg. v. Smith, Salk. 680; Ld. Raym. 1144, S. C., a case of usury, similarly indicted. In Rex et Reg. v. Briggs, 4 Mod. Rep. 379, it was held that, unless by express enactment, the quarter sessions have no jurisdiction to try an indictment brought on a penal statute to enforce a penalty; such offence not being "against the peace." Holt, C. J., and the court of K. B., had decided similarly in R. et Reg. v. Alsop, 4 Mod. 51, Dolben, J., dissentiente, and afterwards in R. v. Clough and others, 5 Mod. 149. Again, in R. v. James et al. Stra. 1256, an indictment found at quarter sessions for fastening nets across a river, contrary to 2 H. VI. c. 15, was quashed, because that act gave a penalty of 1008. but no jurisdiction to the sessions; "and they cannot have it without express words in the case of a new created offence." See Com. Dig. tit. Justices of Peace, (B 2. B. 3); Bac. Ab. tit. id. (B 3); Haw kins, B. 2, c. 8, s. 38, and 2 Hale, 44; Savil. 134; Sayer, 138. In R. v. James, the setting nets in the way charged was by the statute " wholly prohibited for ever;" it would therefore seem that the indictment would have lain on that prohibitory clause, 2 Hale, 171; R. v. Jones, Stra. 920, 1146. As to R. v. Yarrington, the exceptions of forgery (and perjury, when prosecuted at common law) from the general jurisdiction of the quarter sessions over all inferior offences, as well those properly and directly against the peace, as those which are only so by construction, as breaches of the law were said to be, were declared by Lord Kenyon, to rest more on authority than principle (see R. v. Higgins, 2 East's R. 15, 18). Again, the principle of the modern cases is clearly at variance with R. v. Smith, though it is not now common to indict at all for usury. In R. v. Rispal, 1 W. Bla. 368, indictment at quarter sessions for conspiracy, Lord Mansfield said, "The cases of perjury, (viz. at common law) forgery and usury, stand on their own special ground, 2 Hawk. c. 8, s. 38; and it has been determined that the justices have no jurisdiction there. This offence of conspiracy is a trespass, and trespasses are indictable at sessions, though not committed vi et armis. They tend to a breach of the peace as much as cheats and libels, which are established |