suance of any security given under the Act, is to be counted, and to be recoverable upon complaint, as a civil debt. When a security has been given in respect of a sum adjudged to be paid by a conviction (ante, p. 17) the court, upon forfeiture, may enforce payment from the principal as in the case of a simple fine (b.); otherwise, even in his hands, the forfeited money is only a civil debt. And any sum paid by a surety on behalf of his principal is equally to be deemed a civil debt due to him from such principal: see section 23.

Conspicuous among matters of complaint stand proceedings in Bastardy. Here the object is not to punish the father, but merely to make him provide for the child. Except as regards some particular steps in the process, which will be found fully described elsewhere, the proceedings are not regulated by Jervis' Act. The mother has the peculiar privilege of bringing her complaint before any petty sessional court, within whose jurisdiction it may suit her to be resident for the time being. She may call upon a bench in Middlesex to summon a defendant from the Land's End, to show cause why he should not support a child born at Berwick-on-Tweed. On the other hand the defendant has the privilege of appealing from an order against him; while if her own application be refused, she must accept the decision as final. The Summary Jurisdiction Act (see sec. 54) applies to the levying of sums adjudged to be paid by an order in any matter of bastardy, and to the imprisonment of the defendant upon non-payment, as if such order were a conviction on Information, and by no means leaves the mother's weekly allowance a matter of mere 'civil debt.'

CHAPTER VII.

QUARTER SESSIONS AND APPEAL.

We have hitherto spoken of the Justice in his subordinate capacity as exercising summary jurisdiction and committing for trial, or performing such of his administrative duties as may be discharged at petty or special sessions. At Quarter Sessions he takes his place as a member of his County Authority, invested with both judicial and administrative powers of a higher and more comprehensive order.

Quarter sessions in counties are held in the first full week after the 31st of March, the 24th of June, the 11th of October, and the 28th of December. The first date, however, may be varied, so as not to interfere with the Assizes, the limit lying between the 7th of March and the 22nd of April. In Boroughs, they are held once a quarter, or at such other or more frequent intervals as the Recorder may think fit, or the Crown may direct.

These courts when held quarterly, at the usual times appointed for the purpose, are properly called the General Quarter Sessions of the peace. When held at other, or intermediate, times, they are the General Sessions of the peace. There is no difference between the two, either as regards authority or jurisdiction, except in some particular cases where jurisdiction is expressly given by statute to the Court of General Quarter Sessions alone.

The criminal jurisdiction of these sessions extends, by statute of King Edward III., to the trying and determining

of all felonies and trespasses whatsoever. The 5 & 6 Vict. c. 38, provides, however, that neither the Justices of any county, nor the Recorder of any Borough, shall at any Session of the peace try any person for treason, murder, or capital felony; or for any felony which in itself (i.e., apart from a previous conviction) is punishable with penal servitude for life; nor for any of the following offences, namely, perjury— forgery-bigamy — blasphemy — libel — abduction-conspiracy-concealing birth-offences against the Queen or Parliament-unlawful oaths-firing crops, woods, heather, &c. -night poaching, under certain circumstances-stealing judicial records-or stealing, destroying or concealing wills, or any evidence of title to real estate.

In counties, the jurisdiction of the court of Quarter Sessions, whether sitting as a criminal court or as a court of appeal, is exercised by the entire body of Justices, or by as many as find it convenient to be present, under the presidency of their chairman or of a salaried Judge. In Boroughs, having a separate court of Quarter Sessions, the Recorder of the Borough sits as sole judge.

We have already in Chapter IV. explained the ordinary process of committal for trial. Where this committal is made to Quarter Sessions, the actual indictment' is prepared and engrossed on a slip of parchment by the proper officer, in the Indictment Office. The names of the witnesses who are intended to be examined before the Grand jury are inscribed upon the back.

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The Grand jury, whose office it is to hear one side of the case only-namely the evidence for the prosecution, and to decide whether it is sufficiently cogent to put the accused his defence, must be at least twelve, and not more than twenty-three, in number. At the commencement of the sessions, after a charge from the chairman or judge of the court, the bills of indictment which have been preferred are placed in their hands. They then retire to their own apartment and privately examine the witnesses whose names appear

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in support of each charge. If they are satisfied from the testimony of any single witness that there is primâ facie ground for the accusation, they need go no further. But they are bound to be thoroughly persuaded of the truth of an indictment, so far as their evidence goes; and not to content themselves with mere possibilities. On the other hand, they have no business to reject a bill, without examining every witness tendered in its support, since non constat but that the last man might say all that was needful. It is necessary that a majority consisting of twelve at least should concur in finding a bill. So soon as this point has been arrived at, the foreman indorses upon the parchment the words' a true bill,' signs his name, carries it into court, and hands it to the Clerk of the peace, who thereupon announces to the court the substance of the charge and the indorsement. prisoner, against whom the Bill is found, is then arraigned upon it at the bar, and pleads either 'guilty' or 'not guilty.' In the former case it only remains for the court to pronounce sentence; in the latter the petty jury are sworn, and the Clerk of the peace charges them with the prisoner by reading over to them the indictment, and informing them of his plea. A person charged with felony may peremptorily challenge twenty jurors without assigning any cause for so doing. He may afterwards challenge as many more as he pleases, for reasons then and there to be stated and proved; as, for instance, upon the ground of relationship to the prosecutor, or for having evinced some prejudice in the case. A misdemeanant is restricted to challenges of the latter description, But no challenge can be made until a full jury appears, or after the juror objected to has been sworn. Prisoners are usually tried in the order in which their indictments have been found. But, as a point of etiquette, felonies are allowed precedence over mere misdemeanours; while, among misdemeanours themselves, the 'custodies' are taken first; i.e., those in which the accused are waiting below, in charge of the police, instead of being outside on bail.

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The appellate jurisdiction of the court of Quarter Sessions from convictions or orders which have been made in petty or special sessions, will be found considered in Part II. under the title Appeal.' Appeals intended to be heard at Quarter Sessions must be entered with the Clerk of the peace within the time limited by the practice of the court, and are called on by him in the order of their entry. Should the appellant fail to appear, his appeal will be struck out of the list, and will not be restored except by consent of the other side, or some satisfactory explanation of his absence. In appeals against a conviction it is always for the respondent to begin. It was he who made the charge originally, and it has become his business to fight the battle over again. The same rule is observed in most other cases. Counsel and witnesses on either side are then heard, according to an established course of procedure, after which the chairman delivers the judgment of the court, either confirming, modifying, or quashing the decision appealed against.

Justices in Quarter or General Sessions form the County Authority, to whom the making of the county and other important rates, as well as the control of county business generally, is entrusted. Illustrations of these various matters will be found abundantly scattered throughout the following pages. It would be inconsistent with the object as well as with the limit of these notes, to enter upon a province in which we could be of no material service. The duties of a Justice as a member of his County Authority and of its various committees, are emphatically matter of experience, easily learnt by those who devote their attention to them, and which need not be further touched upon at present.