Jurisdiction of County Sessions in Boroughs where holding of Sessions is discontinued.]—In boroughs and places where general or quarter sessions of the peace have, since 5 & 6 W. IV. c. 76, ceased to be holden, (e. g. Wallingford, Wenlock, Wokingham, &c.,) all such business which, under any general or local act, or any usage or custom, ought to be, or was usually heard, decided, or transacted at such general or quarter sessions by the justices of peace, with the assistance of any juries there assembled, shall be hereafter heard, &c. by the general or quarter sessions for counties, ridings, or divisions, liberties or jurisdictions, in which such boroughs are situate, and by the justices of peace and juries there assembled, respectively (i).

Extent of Jurisdiction in point of Locality.]-Each commission of the peace for a county, riding, or division, points out over what portions of the county, &c., riding, division, or county, the jurisdiction of the justices named in it extends. As to commissions of the peace in boroughs, see 5 & 6 W. IV. c. 76, s. 98, post.

By that act s. 111, no part of any borough, in or for which a separate court of quarter session shall be holden, shall be within the jurisdiction of the justices of any county (k), from which such borough before the passing of that act was exempt, any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding.

This clause appears to have been framed with special regard to the altered boundary of boroughs with reference to the original jurisdiction of the justices (1), and not to apply to the jurisdiction of the borough quarter sessions which is regulated by s. 105 (m). Places and districts, which, having been originally parts of counties at large, had by charter become, or were otherwise claimed and considered to be, subject to the magistrates of boroughs, as well as to the county justices; and which were sometimes called "liberties of boroughs" (n), are altogether withdrawn from the jurisdiction of the county justices, if two things concur; viz., if the borough justices had always had exclusive jurisdiction within the borough itself (viz. the ancient borough), and if separate quarter sessions had been granted to the new borough (see post).

Again, the former exclusive jurisdiction of the justices of a county

(1) 7 W. IV. & 1 Vict. c. 78, s. 50. (k) Semble by Patteson, J., this means only their jurisdiction exercised out of quarter sessions, 2 Q. B. R. 96, 105, 107; Reg. v. Deane and others.

(1) See 2 Q. B. R. 91; 95.
(m) Ibid.

(n) See R. v. Musson, 6 B. & Cr. 74; 9 D. & R. 172; Reg. v. Bridgewater, (Inh.), 10 Ad. & E. 711, ante.

at large is taken away in those places and precincts, which by the operation of sections 7 & 8 of the municipal corporation act (5 & 6 W. IV. c. 76), have been cut off from a county at large, and included in the bounds of any borough by that act provided. Those bounds being in truth the parliamentary bounds settled by 2 & 3 W. IV. c. 64, and adopted by 5 & 6 W. IV. c. 76, s. 7 (0).

The suburbs of ancient boroughs which, from comparative insignificance, have swelled to commercial importance, afford frequent instances of a state of things to which the above section applies. This is elucidated by a late case respecting the parish of Clifton (p) (heretofore a part of Gloucestershire for every purpose, but afterwards added to Bristol, as to the right of voting for members of parliament for that borough, heretofore county and city), by the boundary act, 2 & 3 W. IV. c. 64, sched. (O). The "metes and bounds" fixed by that act for that purpose were adopted for Bristol, by the municipal reform act (5 & 6 W. IV. c. 76, s. 7), among the other boroughs included in its schedules; and the question was, whether, since that act, any justices of Gloucestershire had power to make an order for diverting a foot-path in Clifton, and, next, if they had, whether a mandamus would lie to the Gloucestershire quarter sessions, commanding them to enrol it in the usual way. The court of king's bench held that, as to Bristol and the other boroughs mentioned in the first section of schedules A. and B. of the last-mentioned act, every place included within the bounds of any of those boroughs, as described by the parliamentary boundary act, 2 & 3 W. IV. c. 64, was made a part of them for all purposes; and consequently, that the parish of Clifton was part of Bristol, viz, of the borough, county, and city of Bristol (inter alia, as to stopping up ways), and not of the county of Gloucester; so that the Gloucestershire justices had no jurisdiction within it (g). It seems, however,

(0) That section does not make the newly defined boroughs the same to all intents and purposes as the old ones, Beadsworth v. Torkington, 1 Q. B. R. 782.

(p) R. v. Gloucestershire (Justices), 4 Adol. & El. 689; 6 Nev. & M. 115. (9) The argument of the successful side had been, that the borough of the city of Bristol, as ascertained by the municipal reform act, 5 & 6 W. IV. c. 76, was a county of itself; so that without inquiring what would be the case where a borough is not a county of itself,

Clifton was a part of the county of Bristol," and of no other." These words of 5 & 6 W. IV. c. 76, s. 8, seem decisive on the subject of such additions to counties of cities, &c.: accordingly, where a felony had been committed at a place called Prendergast, first added to the county and borough of Haverfordwest by the parliamentary boundary act, 2 & 3 W. IV. c. 64, sch. (O.), and declared by 5 & 6 W. IV. c. 76, s. 7, schs. (A.) and (B.) to be part of that borough, it was held properly triable at the assizes held for the county of that borough, R.

that boroughs, not counties of themselves, whose charters contained no clause of non-intromittant, and, consequently, where the county justices, previously to 5 & 6 W. IV. had concurrent jurisdiction with the borough justices, such concurrent jurisdiction still continues, notwithstanding the grant of a court of separate quarter sessions.

The power of charter justices to try offenders at the quarter sessions for boroughs, was universally abolished by 5 & 6 W. IV. c. 76, s. 107; and recorders, each of whom singly constitutes a court of quarter sessions" in and for" the borough to which he is appointed, have cognizance of all crimes, offences, and matters whatsoever cognizable by any court of quarter sessions of the peace for counties in England.

In boroughs which, at the passing of that act, had recorders, or deputy recorders of five years' standing at the bar, the recorder retained his office if so qualified: and if he was not, as was the case at Shrewsbury in the person of the late Earl Powis, the deputy recorder, the late John Bather, Esq., became recorder. In all other cases the present recorders were appointed by the crown under that act.

The above-mentioned sections appear to have the effect of excluding the county quarter sessions from jurisdiction within those boroughs any part of which had been previously exempt from their power, and to which a separate grant of quarter sessions has been made. But the county jurisdiction is necessarily continued in other boroughs, whether before 5 & 6 W. IV. they had or had not concurrent jurisdiction.

Thus, by 5 & 6 W. IV. c. 76, s. 111, the justices in and for the county in which any borough is situate, to which no grant of separate quarter sessions shall have been made, shall exercise the jurisdiction of justices of 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 (r).

Commitments by Borough Justices to County Sessions.]—An act

v. Piller, 7 C. & P. 337, Spring assizes, 1836, per Coleridge, J.-N. B.-The Clifton case, R. v. Gloucestershire (Justices), was cited. The statement of the style of a borough in the municipal corporations amendment act, 5 & 6 W. IV. c. 76, or the boundary act, 2 & 3 W. IV. c. 64, as being "in the county of L."

neither proves the whole borough to be in that county, nor transfers any part of it from another county to L., Reg. v. Mitchell, 2 Q. B. R. 636.

(r) See as to this section 2 Q. B. R. 96, 104, 107; 1 id. 717, and 7 W. IV. & 1 Vict. c. 78, s. 50, ante, p. 165.

of the legislature which passed in 1834, though considerably abridged in effect by the more sweeping enactments of the municipal act which followed it in the next year, must be here mentioned. It is intituled "an act for the better administration of justice in certain boroughs and franchises," and appears intended to prevent the expense and delay of sending persons charged with felony in a borough or franchise, which had no power to hear and determine felonies (s), for trial at the assizes for the county in which such borough, &c. might be situate, and enacts (t) that the justices of the peace, or any such justice acting in and for any such borough or franchise in England, not being empowered, by charter or otherwise, to determine felonies (u), shall commit every person charged with any such felony, as a court of quarter sessions may have jurisdiction to try, to be tried at the general quarter sessions of the peace for the county, riding, or division, wherein such borough or franchise shall be situate, or at any adjournment thereof, and the justices of the peace acting in and for such county, &c. are hereby empowered to try persons so committed, at such quarter sessions or any adjournment thereof.

This section seems in force (x) notwithstanding seetion 1 of 5 & 6 W. IV. c. 76, and in fact agrees with s. 111 of that act above cited, as well as with s. 110. But its other sections seem repealed by 5 & 6 W. IV. c. 76, s. 1, and s. 107.

SECTION II.

OF THE TIME AND FORMALITY OF OPENING THE COURT, TAKING THE OATHS OF ALLEGIANCE, REGISTERING CHAPELS, &C.

Time of assembling.]—The court should assemble before twelve at noon on the day for which it is summoned, in order that persons who desire to take the oaths of supremacy, abjuration, or office, may comply in that respect with the directions of the statutes which enjoin

(8) E.

g. Bath.

(t) 4 & 5 W. IV. c. 27, s. 1.

(u) E. g. Havering atte Bower, in Essex, ante, p. 1.

(x) As to trial of offences committed within cities and towns, which are counties of themselves, see pp. 166: 201.

them. The session is then usually proclaimed by a bailiff in the following terms:

Oyez, Oyez, Oyez,―The Queen's justices do strictly charge and command all manner of persons to keep silence, while the Queen's commission of the peace for this county of is openly read, upon pain of imprisonment (y).

Reading Proclamation, &c.]-Then the commission, the queen's proclamation against profaneness, &c., and the several statutes which are directed to be read at the sessions, ought in strictness to be read by the clerk of the peace, in an audible voice. These were principally the following;-5 El. c. 1, against popery; 30 C. II. c. 3, as to burying in woollen; 11 & 12 W. III. c. 15, as to ale measures; 1 G. I c. 5, as to riots; and the black act, 9 G. I. c. 22, which have been required to be given in charge at every quarter session; and the 4 & 5 W. & M. c. 24; 7 & 8 W. III. c. 32; 3 & 4 A. c. 18, and 3 G. II. c. 25, concerning jurors, which were to be read in Midsummer sessions yearly; and 2 G. II. c. 24, for preventing bribery and corruption in the election of members of parliament, which is to be read at every Easter session. As some of these statutes have been repealed, and others become obsolete, the ceremony of reading them has fallen into disuse. The queen's proclamation is still, however, read at the opening

the court.

Oaths to be taken, and Declaration.]-The persons who attend to take the several oaths to be made are next called, and such oaths are administered to them by the clerk of the peace (z). At this time also the declaration substituted for the sacramental test by 9 G. IV. c. 17 (ante, p. 88), may be conveniently made by parties admitted to office.

Constables called.]-The administration of these oaths of qualifica

(y) What has been popularly called "The Mistake," occurred at the Middlesex sessions. Several offenders were tried and convicted, and their convictions held illegal, as the witnesses who were sent before the grand jury had been sworn by an officer of the court after the session had lapsed, in consequence of its having been opened and adjourned by the crier on two successive days, without the presence of any justices. See Middlesex Special Commission case, 6 C. & P. 90; and R. v. Middlesex (Jusfices), in re Bowman, 5 B. & Adol. 1113;

3 Nev. & M. 110.

(2) Persons qualifying for offices are directed to take the oaths between the hours of nine in the forenoon and twelve at noon, and not otherwise; 25 C. II. c. 2; 1 G. I. c. 13. It has been held a sufficient compliance with the statute, however, if the ceremony of administering the oaths of qualification for offices be commenced previous to the last of the hours of limitation appointed by the statute, and continued till all are

sworn.