con Whereby, &c. give the said N. O. a false and counterfeited character of the said E. F., 30. Forms. Conviction. s. 2(a). Commence as in preceding Form.-State the offence thus: That C. D., of, &c., on, (39.) Information &c., at, &c., did knowingly and wilfully pretend and falsely assert to the said N. O., for falsely assertin writing, that one E. F. had been hired and retained by him, the said C. D. as ing that a servant a [servant]; whereas, in truth and in fact, the said E. F. was never so hired or was in a particular retained by the said C. D. as a [servant] [or, that one E. F. had been hired and service, &c., on retained by him, the said C. D., as a [servant], and had served him, the said 32 Geo. 3, c. 56, C. D., for the space of years; whereas in truth and in fact, the said E. F. had been retained by and had served the said C. D. as such [servant], as aforesaid, for the space of [one year and two months] only; [or, that one E. F. had been hired and retained by the said C. D. in the situation and capacity of a [footman], and had served him, the said C. D., as a [footman], as aforesaid; whereas, in truth and in fact, the said E. F. never was hired or retained by the said C. D. in the situation or capacity of a [footman], or served him, the said C. D., as a [footman], but was hired and retained by, and served the said C. D. in the capacity of a [labourer] only; contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as usual.] The statute prescribes the formal parts of the conviction; see ante, 566. he had not been Commence as in Form, No. 38. State the offence thus: That C. D., of, &c., on, (40.) Information &c., at, &c., did knowingly and wilfully pretend, and falsely did assert [in for falsely assertwriting], that one E. F., formerly a [servant] of the said C. D., was discharged ing that the serby the said C. D., and had left his service on, &c.; whereas, in truth and in vant was disfact, the said E. F. was discharged by, and had left the service of, the said C. D. charged, or that on, &c. [or, that one E. F. had not been hired or employed in any previous service; whereas, in truth and in fact, the said C. D. then well knew that the said hired in a preE. F. had previously been hired and employed in the service of one G. H.; and whereas, in truth and in fact, the said E. F. had previously been so hired and employed in the service of the said G. H.] ; contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as usual.] The statute gives the formal parts of the conviction; see ante, 566. vious service, on 32 Geo. 3, c. 56, 8. 3. Commence as in Form, No. 38. State the offence thus: That C. D., of, &c., on, &c., (41.) Information at, &c., did offer himself as a servant to the said N. O.; he, the said C. D., then against a servant and there asserting and pretending to the said N. O. that he had served in the offering himself service of one G. H.; whereas, in truth and in fact, he had never actually with a false certiserved in the service of the said G. H. [or, with a false, forged, and counterfeited ficate of charac certificate of character, purporting to be the certificate of one G. H., and stating ter, on 32 Geo. 3, that, &c.; whereas, in truth and in fact, the same was not the certificate of the said G. H.; and whereas, in truth and in fact, &c.]; contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as usual.] The statute gives the formal parts of the conviction; see ante, 566. c. 56, s. 4. Sessions of the Peace. THE term "Session of the Peace" is used to designate a sitting of justices Session of the for the execution of those purposes which are confided to them by their com- peace, what. mission, and by several acts of parliament. Of these sessions there are four Four kinds. kinds-petit, special, quarter, and general sessions: the first of which is a (a) Ante, p. 565. The statute gives the formal parts of the conviction. Peace. Sessions of the mere private meeting of justices, on their own motion; and the second an assembly summoned for a particular purpose,-as, licensing alehouses, or appointing the overseers of a parish, or the like. General and quarter sessions. Difference between general quarter and special sessions. Central Criminal Under this head, we are to treat only of the latter, which are similar in every respect, except as to the time of holding. Petit and special sessions will be noticed in another place, post, “Sessions, Petit and Special,” p. 622. A general sessions of the peace is a court of record, holden before two or more justices, whereof one is of the quorum, for execution of the authority given them by the commission of the peace, and certain statutes and acts of parliament. (Dalt. c. 185; Cro. Cir. C. 13.) It is a meeting of justices for the execution of their general authority. (Lamb. 379.) The sessions cannot be held without the presence of two justices. (1 Bla. Com. 354, n.) And so strict is this law, that if there be not enough justices to hold a sessions, they cannot adjourn it to hold same legally. (R. v. Westrington, 2 Bott. 733.) The king may grant a commission of the peace for a county, and under such commission the jurisdiction of the justices named in it will extend over the whole of such county; or he may grant it for any particular district or portion of a county, exclusive of the jurisdiction of the justices of the county at large; or he may by charter give the power of acting as justices to certain officers in towns corporate, cities, and other places. In the latter cases, however, the justices of the county at large in which such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering by special words in the commission or charter of the inferior jurisdiction, called technically “a non intromittant clause." (R. v. Sainsbury, 4 T. R. 456; et vide title "Justices," Vol. III. p. 554 to 558.) According to Mr. Lambard, general and quarter sessions are synonymous terms; for he makes no distinction between them. This, however, is erroneous for it seems that quarter sessions are a species only of the general sessions, and that such sessions only are properly called general quarter sessions, which are holden in the four quarters of the year, in pursuance of the 2 Hen. V.; and that any other sessions, holden at any other time for the general execution of the justices' authority, which by the said statute they are authorized to hold oftener than at the times therein specified, if need be, may properly be called general sessions, and those holden on a special occasion, for the execution of some particular branch of their authority, may properly be called special sessions. (2 Haw. c. 8, s. 47.) As to the Central Criminal Court and its jurisdiction and other matters relative thereto, and how far it takes away the jurisdiction of the sessions in London, Westminster, Middlesex, Essex, Kent, and Surrey, see “Central Criminal Court," Vol. I. post, 610. Herein of, 1. The Time and Place of Holding the Sessions, p. 583 to 587. [36 Edw. III. c. 12; 12 Ric. II. c. 10; 2 Hen. V. st. 1, c. 4; 14 Hen. VI. c. 4; 1 & 2 Geo. IV. c. 63; 1 Wil. IV. c. 70; 4 & 5 Wil. IV. c. 47; 4 & 5 Wil. IV. c. 36; 5 & 6 Wil. IV. c. 76.] II. The Mode of Convening, &c., and who must attend. Suitors, Witnesses, Attorneys, &c., p. 587 to 590. III. The Mode of Proceeding at Sessions, p. 591. [5 Geo. II. c. 19; 22 Geo. II. c. 46; 59 Geo. III. c. 28; 6 & 7 Wil. IV.] 1. In General, p. 591 to 594. 2. In Trials for Offences, p. 594 to 601. 3. In Trials of Traverses, p. 601. 4. In Hearing of Appeals, see "Appeals," Vol. I. IV. The Jurisdiction, Power, and Duties of the Sessions, p. 602 to 619. [18 Edw. III. st. 2, c. 2; 34 Edw. III. c. 1; 8 & 9 Wil. III. c. 30; 1. In what Matters, p. 602 to 614. 2. Their Judgments, p. 614 to 617. 3. Special Cases, p. 617. 4. Costs, see "Costs,” Vol. I. V. Adjournment of, p. 619. VI. Fees, Estreats, and Costs, p. 620. [12 Ric. II. c. 10; 14 Ric. II. c. 11.] VII. Forms, p. 621. 1. Time and Place of Holding the Sessions. 1. Time and Place of Holding the Sessions. Time of Holding.]-By the 36 Edw. III. c. 12, it is ordered, that the How many sesjustices shall hold their sessions four times in the year, viz. one session sions shall be kept, within the Utas of the Epiphany, the second within the second week of Midlent, the third betwixt the feasts of Pentecost and of St. John Baptist, the fourth within eight days of St. Michael. But by the 12 Ric. II. c. 10, the justices shall keep their sessions in every quarter of the year at least; and by three days, if need be: on pain of being punished according to the discretion of the king's council, at the suit of every man that will complain. This statute did not specify the periods; but in Henry the Fifth's reign At what periods, an act was passed for that purpose, 2 Hen. V. st. 1, c. 4, which directs, "that the justices of the peace in every shire named of the quorum be resiant within the same shire, except lords named in the commission of the peace; and also except justices of the one bench and of the other, the chief baron of the Exchequer, serjeants at the law, and the king's attorney for the time that the same justices, chief baron, serjeants at the law, and the king's attorney, be intending, and occupied in the king's courts, or otherwise in some other place occupied in the king's service; and make their sessions four times by the year, that is to say, in the first week after the feast of St. Michael, [now directed by 54 Geo. III, infra, to be in the first week after the 11th October, except in London and Middlesex,] and in the first week after the Epiphany, and in the first week after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr, and more often, if need be; and that the same justices hold their sessions throughout the realm of England, in the same weeks every year from henceforth." The strict regular exposition of this statute of 2 Hen. V. is, that if the feast-day fall upon a Sunday, the sessions shall be held in the week following, and not the same week. (2 Hale, 49.) The holding of the Michaelmas quarter sessions was afterwards altered Michaelmas sesand regulated by the 54 Geo. III. c. 84, which, after reciting, "whereas sions, 54 Geo. 3, the time now appointed for holding the quarter sessions for the Michaelmas c. 84. quarter might be altered, so as to render the attendance at the same more generally convenient than it is at present," enacts," that from and after the passing of this act, the quarter sessions for the Michaelmas quarter shall in every year be holden, for every county, riding, division, city, borough, and place, within England and Wales, and for Berwick-upon-Tweed, in the first week after the 11th day of October, instead of at the time now appointed for holding the same; and that all acts, matters, and things done, performed, and transacted at the time appointed by this act, for holding the said Michaelmas quarter sessions, shall be as valid and binding to all intents and purposes as if the same had been done, performed, and transacted at the time heretofore appointed for the holding of such sessions, notwithstanding any former act or acts to the contrary." 1. Time and Sect. 2. " Nothing in this act shall extend, or be construed to extend, so Place of Hold- as to alter or vary the time at which the sessions for London or Middlesex ing the Sesare now holden." sions. 1 Wil. 4, c. 70. 4 & 5 Wil. 4, c. 47. This enactment of 54 Geo. III. is directory and not imperative, see post, 585. These enactments still remain unrepealed, but the times of holding the general quarter sessions are now pointed out by the recent act of 1 Wil. IV. c. 70, s. 35, and 4 & 5 Wil. IV. c. 47, the first of which, after reciting that "the general quarter sessions of the peace are now directed to be held in each year in the first week after the eleventh day of October, in the first week after the Epiphany, in the first week after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr; and whereas it will be expedient that the times of holding the general quarter sessions of the peace should be altered in part:" enacts," that in the year of our Lord 1831, and afterwards, the justices of the peace in every county, riding, or division, for which quarter sessions of the peace by law ought to be held, shall hold their general quarter sessions of the peace in the first week after the eleventh day of October, in the first week after the twenty-eighth day of December, in the first week after the thirty-first day of March, and in the first week after the twenty-fourth day of June; and that all acts, matters, and things done, performed, and transacted at the times appointed by this act for the holding of the general quarter sessions of the peace shall be as valid and binding to all intents and purposes as if the same had been done, performed, and transacted at general quarter sessions of the peace holden at the times by law limited for the holding thereof before the passing of this act." By the 4 & 5 Will. IV. c. 47, intituled "An Act for preventing the Interference of the Spring Assizes with the April Quarter Sessions," [13th August, 1834], reciting, "Whereas by an act passed in the first year of the 1 Wil. 4. c. 70. reign of his present majesty, intituled An Act for the more effectual Administration of Justice in England and Wales,' it is directed, that the justices of the peace in every county, riding, or division for which quartersessions of the peace ought by law to be held shall hold their general quarter-sessions of the peace (among other times) in the first week after the twenty-eighth day of December, and in the first week after the thirty-first day of March: and whereas in some counties of England and Wales the time usually fixed for holding the spring assizes interferes with the due holding of the last-mentioned quarter-sessions, and although the justices of the peace have authority to hold general sessions of the peace at other times of the year besides those specified in the said recited act, such sessions are not quarter sessions within the intent of various acts of parliament which give jurisdiction to justices of the peace in their quarter-sessions or in their general quarter-sessions; and for the purpose of preventing the inconvenience arising from such interference as aforesaid, it is expedient to allow to the justices of the peace a discretion as to the time of holding their general quarter-sessions, which they are now required to hold in the week next after the thirty-first day of March :" be it therefore declared and enacted, "That in every county, riding, or division for which general quartersessions ought to be held it shall be lawful for the justices assembled in their general quarter-sessions in the week next after the twenty-eighth day of December in every year to name (if they shall see occasion so to do) two justices of the peace, who shall be empowered, as soon as may be after the time for holding the spring assizes shall be appointed, to fix the day for holding the next general quarter-sessions of the peace for such county, riding, or division, so as such time shall not be earlier than the seventh day of March, nor later than the twenty-second day of April, and to give notice of the day so fixed by advertisement in such newspapers as shall be directed by the justices so assembled; and in every such case the general quartersessions held on the day so fixed and notified shall be valid, and it shall not be necessary to hold any sessions of the peace for such county, riding, or division, in the week next after the thirty-first day of March, any thing Justices at Epiphany sessions may name two of their body to fix the day for hold ing the next gene ral quarter-sessions. in the said recited act to the contrary notwithstanding: provided always, 1. Time and that in every county, riding, and division where no other day shall be Place of Holdfixed in the manner herein-before mentioned, the justices of the peace ing the Sesshall hold their general quarter-sessions of the peace in the week next sions. after the thirty-first day of March, as by the said recited act they are required." Proviso. ties. The quarter-sessions are in fact variously holden in several counties, some at one day, and some at another; yet it hath been ruled, that these are each of them good quarter-sessions within the several acts that relate to quarter- Statutes 2 Hen. 5, sessions; for those acts, especially the 2 Hen. V., are only directory, and in the affirmative; and therefore, though the sessions are held on another day, according to the general direction of the 12 Rich. II., yet they are quarter-sessions. (2 Hale, 50.) And, on the same principle, it has been recently decided, that although and 54 Geo. 3, the 54 Geo. III. c. 84, provides that the quarter-sessions for the Michaelmas only directory. quarter shall be holden in the first week after the 11th of October, instead of the time then appointed for holding the same, this act also is only directory, and the Michaelmas quarter-sessions may be lawfully holden in another week than that so specified by the statute. (R. v. Justices of Leicester, 9 D. & R. 772; 7 B. & C. 6.) An original intermediate general sessions by magistrates, and not merely Original intermean adjournment of a quarter-sessions, may be held, under the authority of the diate session. 2 Hen. V. st. 1, c. 4. The point was raised on a question as to the validity of an indictment for murder found at such intermediate sessions, which was a sessions held in addition to the eight which are usually holden for Middlesex. (R. v. Mullaney, 6 C. § P. 96.) Sessions for London, Westminster, and Middlesex.]-The sessions in Sessions for LonLondon and Middlesex are, it may be seen, excluded from the operation of don, Westminster, the 54 Geo. III. c. 84; and the regulations under which they are held are and Middlesex. distinct in many respects from those which govern the other parts of the kingdom. By the 14 Hen. VI. c. 4, in Middlesex, the justices shall keep their sessions twice in the year at least, and more often (if need be) for any riot or forcible entry. And, in consequence of the large population of the districts of London and Middlesex, their sessions are in fact holden eight times in the year; four as quarter-sessions, not exactly at the times directed by the statutes, but as near to them as convenience will admit, and the other four as original general sessions, in the intervening periods; and both have equal jurisdiction to take and try indictments, except in cases where, by statute, jurisdiction is given exclusively to the quarter-sessions. (Burly v. Watson, 2 Bla. Rep. 1051.) In Middlesex, the justices have a commission of oyer and terminer, under which they act at the time when their sessions are holden. The sessions for the liberty of Westminster are only holden four times a year, and under a different commission of the peace from those for Middlesex; yet offences committed within the liberty may be prosecuted and determined at the county sessions; and if a party be bound by recognizance to prefer a bill of indictment, and prosecute for an offence, at the next session of the peace for Westminster, and do in fact prefer a bill at the next sessions for Middlesex, it is holden to be in compliance with the terms of his recognizance. (Dick. Sess. by Talfourd, p. 26.) Sessions for Boroughs and Places under the Municipal Corporation Act.]— Sessions for boAs to these see the 5 & 6 Wil IV. c. 76, s. 103, 104, 105, 106, 107, and 111; roughs under the Municipal Corpoante, “Corporations,” Vol. I. ration Act. Central Criminal Court.]-As to this, see "Central Criminal Court," Central Criminal Vol. I. When a sufficient Number of Justices do not appear.]-It sometimes When a sufficient happeneth that, on the day appointed for holding the sessions, a suffi- number of justices Court. do not appear. |