[for whatever crime committed (q). It was antiently the course to issue special writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo (r); but these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead.] So that, one way or other, the gaols are in general cleared, and all prisoners tried, punished, or delivered, at each assizes, and at convenient intervals throughout the year,-a constitution of singular use and excellence. [Sometimes, also, upon urgent occasions, the sovereign issues a special or extraordinary commission of oyer and terminer and gaol delivery, confined to those offences which stand in need of immediate inquiry and punishment; upon which the course of proceeding is much the same as upon general and ordinary commissions.] What has been stated applies to courts of oyer and terminer and gaol delivery throughout the realm at large; but for the metropolis and adjacent parts, a different constitution is provided (s). For by 4 & 5 Will. IV. c. 36, a new court was established for trial of offences committed in London, Middlesex, and certain suburban parts of Essex, Kent, and Surrey (t); — called the Central Criminal Court (u); the judges or commissioners whereof (9) 2 Hale, P. C. 32, 34. (r) 2 Inst. 43. (s) The Winter Assizes Acts, however, (vide sup. p. 311,) extend mutatis mutandis to the Central Criminal Court District. (t) Indictments found at the different sessions of the peace, held within the jurisdiction of the Central Criminal Court, may be removed to that court by certiorari (4 & 5 Will. 4, c. 36, s. 16). In this court also, offences committed out of its jurisdiction may nevertheless be tried by order of the Queen's Bench Division of the High Court of Justice, under the provisions of 19 & 20 Vict. c. 16, and 25 & 26 Vict. c. 65. (u) Before the establishment of the Central Criminal Court, there existed" the court of the Sessions House in the Old Bailey," where the sessions of oyer and terminer and general gaol delivery for the city of London and the county of Middlesex, were holden eight times in the year. It may be remarked, that by 4 & 5 Will. 4, c. 36, s. 13, it was required that no indictment should be presented before the grand jury of the Central include the lord mayor of London; the Lord Chancellor; the judges of the High Court of Justice; the aldermen, recorder and common serjeant of London; the judge of the City of London Court; any person who has been Lord Chancellor, or a judge of the High Court; and such others as the Crown shall from time to time appoint (y). And it is provided that the Crown may issue its commission of oyer and terminer and gaol delivery to such court (≈); and that the said judges, or any two or more of them (a), shall hold a session in the city of London or suburbs thereof, at least twelve times in every year (and oftener if need be),—such times to be fixed by General Orders of the said court; which orders any four or more of the judges of the High Court of Justice are empowered from time to time to make (b). 5. The Court of General Quarter Sessions of the peace, to which some reference was made in a preceding volume while considering the duties of the justices of the peace (c), is a court that must be held, in each county, once in every quarter of a year (d): and by statute 11 Geo. IV. & Criminal Court, unless the party prosecuting first entered into recognizances to prosecute, but this enactment was repealed by 9 & 10 Vict. c. 24, s. 2. By 19 & 20 Vict. c. 16, ss. 22, 23, however, the court is enabled, in cases ordered by the High Court of Justice to be there tried, to require (if it see fit) either the person charged, or the prosecutor and witnesses, to enter into recognizances. (y) 4 & 5 Will. 4, c. 36, s. 1. Among the persons named in the text, those who usually sit to try prisoners in the Central Criminal Court, are certain of the judges of the High Court of Justice, the recorder, the common serjeant, and the judge of the City of London Court. (*) Sect. 2. See 36 & 37 Vict. c. 66 (The Judicature Act, 1873), s. 76. (a) As to the effect of these words, see Leverson v. The Queen, Law Rep., 4 Q. B. 394. (b) 44 & 45 Vict. c. 68, s. 18. (d) 4 Inst. 170; 2 Hale, P. C. 1 Will. IV. c. 70, s. 35, the quarter sessions are appointed to be held in the first week after the 11th day of October; the first week after the 28th day of December; the first week after the 31st day of March; and the first week after the 24th day of June (e). [This court is held before two or more justices of the peace (ƒ); one of whom must be of the quorum (g). Its jurisdiction, by statute 34 Edw. III. c. 1, extended in general to the trying and determining of all felonies and trespasses whatsoever, committed within the county; but it was never usual to try in this court any greater offences than small felonies; their commission providing that if any case of difficulty arose, the justices of the peace should not proceed to judgment, but in the presence of one of the justices of the Queen's Bench or Common Pleas, or of one of the judges of assize; and therefore murders, and other capital felonies, were usually remitted for a more solemn trial at the assizes (h).] And now it is expressly provided, by statute, (e) By 4 & 5 Will. 4, c. 47, however, after reciting that in some counties of England and Wales the time usually fixed for holding spring assizes interferes with the due holding of the quarter sessions, in the first week after the 31st of March; and that though the justices have authority to hold general sessions of the peace at other times of the year, besides those specified in 11 Geo. 4 & 1 Will. 4, c. 70, such sessions are not quarter sessions within the intent of various Acts of Parliament, which give jurisdiction to the justices of the peace in their quarter sessions, or in their general quarter sessions,it is enacted, that to prevent the interference of the spring assizes with the April quarter sessions, the justices of the Epiphany sessions may, (if they see occasion,) name two of their body to fix some day for holding the next general quarter sessions, not earlier than 7th of March, nor later than 22nd of April. (f) As to justices of the peace generally, vide sup. vol. II. p. 643 et seq. (g) As to the powers of the justices, to divide themselves into several courts of sessions of the peace for despatch of business, see 7 Will. 4 & 1 Vict. c. 19, s. 4; 14 & 15 Vict. c. 55, s. 15; 21 & 22 Vict. c. 73, ss. 9-11. See also 1 & 2 Vict. c. 4, to remove doubts as to the legality of summoning juries for the trial of prisoners at adjourned quarter sessions. (h) The court of quarter sessions is enabled to reserve any question of law for the consideration of the judges of the High Court of Jus that the justices of a county shall not, at general or quarter sessions, try any prisoner for treason, murder or capital felony; nor for any felony, which when committed by a person not previously convicted of felony, is punishable with penal servitude for life (i); nor for any of the particular offences enumerated in 5 & 6 Vict. c. 38 (k). They are also restrained from trying persons charged with fraudulent practices, as agents, trustees, bankers, or factors under the Larceny Act of 1861 (). [Neither can they try any newly-created offence, without express power given them by the statute which creates it (m). But there are many offences and particular matters, which by particular statutes belong properly to this jurisdiction, and ought to be prose tice. (See 11 & 12 Vict. c. 78; 36 & 37 Vict. c. 66, s. 47; 37 & 38 Vict. c. 83, s. 19.) (i) See 4 & 5 Vict. c. 56, s. 6; 5 & 6 Vict. c. 38; 20 & 21 Vict. c. 3. 6. Per (4) These are,-1. Misprision of treason. 2. Offences against the queen's title, prerogative or government, or against either house of parliament. 3. Offences subject to the penalties of præmunire. 4. Blasphemy and offences against religion. 5. Administering or taking unlawful oaths. jury and subornation of perjury. 7. Making or suborning false oaths, &c., punishable as perjuries or misdemeanors. 8. Forgery. 9. Maliciously firing corn, grain, &c., wood, trees, &c., or heath, gorse, &c. 10. Bigamy, and offences against the laws relating to marriage. 11. Abduction of women and girls. 12. Concealing births. 13. Seditious, blasphemous, or defamatory libels. 14. Bribery. 15. Unlawful combinations and conspiracies, with certain exceptions. 16. Stealing, &c. records, &c. 17. Stealing, &c. bille, &c., and written documents relating to real estate. The Act also included offences against the bankrupt laws, but by the express provision of the Bankruptcy Act, 1869 (32 & 33 Vict. c. 71, s. 20), these may now be tried at the quarter sessions. Courts of general or quarter sessions are also restrained, by 9 Geo. 4, c. 69, from trying the offence of three or more persons pursuing game by night. They were also prohibited by 9 & 10 Vict. c. 25, from trying any of the offences (chiefly falling under the class of malicious injuries to property) made punishable by that Act. It may, however, be noticed, that the 9 & 10 Vict. c. 25, is repealed by 24 & 25 Vict. c. 95, and that no prohibitory clause to the same effect is inserted in the 24 & 25 Vict. c. 97(The Malicious Injuries to Property Act, 1861). (1) 24 & 25 Vict. c. 96, s. 87. (m) R. v. Buggs, 4 Mod. 379 Salk. 406. [cuted in this court, as the smaller misdemeanors and felonies; and especially offences relating to the game, highways, ale houses, bastard children, the settlement and provision for the poor, servants' wages, and apprentices (n).] Some of these are proceeded upon by indictment; others by way of appeal from the orders or convictions of justices out of sessions; and others in a summary way by motion and order thereupon. An order of the court of quarter sessions may, as the general rule, unless prevented by the provisions of some particular statute, be removed into the Queen's Bench Division of the High Court of Justice by writ of certiorari facias (o); and be there either quashed or confirmed (p). But the removal of an indictment found at sessions can (as we have seen) now only take place under certain circumstances (q). [The records or rolls of the sessions are committed to the custody of a special officer, denominated the custos rotulorum; who is always a justice of the quorum, and, "among them of the quorum," saith Lambard, "a man for the most part especially picked out either for wisdom, countenance or credit" (r). The nomination of the custos rotulorum is by the royal sign manual; and to him the nomination of the clerk of the peace of the county belongs,-an officer who (among other duties) acts as clerk to the court of quarter sessions, and records all their proceedings (s).] (n) See Lamb. Eirenarcha, and Burn's Justice. (0) Hawk. P. C. b. 2, c. 27, ss. 22, 23. (p) See R. v. Joseph, 1 W. W. & H. 419; R. v. Joule, 5 A. & E. 539; R. v. Higgins, ib. 554. As to the removal of the orders of quarter sessions into the Queen's Bench Division, to be there enforced, see 12 & 13 Vict. c. 45, 8. 18; Hawker v. Field, 1 L. M. & P. 606. (2) Vide sup. p. 304. (r) B. 4, c. 3. (s) 37 Hen. 8, c. 1; 1 W. & M. c. 21; Harding v. Pollock, 6 Bing. 25. As to the suspension or dismissal of the clerk of the peace, see 1 W. & M. c. 21, s. 6; 27 & 28 Vict. c. 65; The Queen v. Hayward, 2 B. & Smith, 585; Wilde v. Russell, Law Rep., 1 C. P. 722. He is to take the custody of such documents as are directed to be deposited with him, under the standing orders of either house of parliament. (7 Will. 4 & 1 Vict. |