Place to be specified in -the Precept. General, An unaccountable confusion has prevailed in almost all writers on the subject of Sessions, respecting the distinction between special, and petty Sessions. Even so late as the Commentaries of Blackstone, scarcely any discrimination is made in treating of their respective duties, or even in the occasions for which they are summoned, or in the manner of summoning them. The place where such Special Session is to beholden, must also be specified in the notices; and this any of the persons who have authority to convene them, have also the necessary authority to decide, so that it be a place within their jurisdiction.* GENBRAL SESSIONS.-These differ from Special Sessions, in as much as, although they are specially summoned, they are not for the execution of any particular branch of the Justices' authority, or for any particular business exclusively, but for all general purposes for which Quarter Sessions are directed to be holden. If convened for any special purpose therefore, and general purposes are intended to be excluded, however custom may have sanctioned the miscalling them General Sessions in common parlance, they are in fact only Special Sessions. They differ from Quarter Sessions, inasmuch as they are not limited to any particular time, * Dalt. e. 185.-Lamb. 382. but are directed to be holden "so often as need be."* vened. They may be convened by the Custos Ro- How contulorum, and any other of the Justices; or by any two Justices within the jurisdiction, one being of the quorum, by precept to the Sheriff to summon such Session, to return a Jury, and give notice throughout his Bailywick to all persons whose duty it is to attend, for the general execution of their authority.† And that the Sheriff may have sufficient time to proclaim the Sessions, to summon and return the several Juries, and to warn all officers and others that have business there to Teste of the Precept. attend; the precept should bear teste, (or date) fifteen days before the return, and ought forthwith to be delivered to the Sheriff. And if two such Justices make a precept for a General Session of the Peace, all their fellow Justices cannot discharge it by their Supersedeas; nor can it be discharged, but by a Su- How dispersedeas out of Chancery directed to the Sheriff.§ charged. in the Com But it is not sufficient for the convening a Directions General Session of the Peace, that the precept mission for run under the name of one Justice only, even though it be that of the Custos Rotulorum, for * 2 Hen. 5. St. 1. c. 4.-Hawk. c. 8. § Lamb. 375.-Cromp. 107, the Precept. Where there is no Pre cept. Where there are two or more Precepts. the words of the mandamus clause in the Commission are " that the Sheriff shall cause a Jury to appear at such days, and places, as the said Justices, or any two, or more of them, as aforesaid shall appoint.* It should appear that though there be no precept in writing to the Sheriff, or an irregular precept, yet if a Session be actually holden, the proceedings had there will be good, No persons can be compelled to attend, if no precept be issued; but if they do in fact attend, and the duties of a Session be regularly performed, the irregularity in convening it is cured thereby. † It has been doubted whether, if two, or more sets of Justices appoint two, or more, General Sessions, to be holden at the same time, any, or all, and which of them, are good. But such an event may happen without either mistake, or misbehaviour in the Justices, and there seems to be no reason why all such Sessions should not be legal and of equal authority. Appearance, and service, at any one of them, would indeed, in that case, operate as a discharge of service at the others. But the arguments that have been used to shew that such duplicates of Sessions would themselves be illegal, have been drawn from a supposed ana *Lamb. 377. + 2 Ld. Raym. 1238. logy to the cases of Special Sessions, and those too directed by statute, which do not apply.* sued from But if such precepts were multiplied wantonly Precepts isor for sinister purposes, the Justices issuing improper them would subject themselves to be punished motives. by information in B. R. or by having their commissions superseded by the Lord Chancellor.† GENERAL QUARTER SESSIONS, are such Quarterly. Sessions as are regularly holden every quarter of a year, under the authority of Statute. 2. The 12. Rich. 2. c. 10. directs, that "the Jus- By 12 Rich. tices 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." And by 2, Hen. 5. St. 1. c. 4. The particular Quarters designated by time in every quarter of a year shall be as fol- 2 Hen. 5. lows; "to wit, in the first week after the feast of St. Michael; 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 (Thomas a Becket) and more often if need be." A recent Statute, however, after reciting that it would contribute to the convenience of those who have to attend them, if the time * 4 Term Rep. 451. † Dalt. c. 185. 54 Geo. 3. c. 84. Variations from the ge of holding the Michaelmas Quarter Sessions were altered, directs that for the future "all 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-uponTweed, in the first week after the eleventh 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." But London and Middlesex are excluded from the operations of the Stat, by Sect, 2. If the feast day fall on Sunday, the Sesneral Rule. $ion shall be holden in the week following, and not the same week.* But in point of fact, the Quarter Sessions are variously holden in several counties, some on one day, some on another; and they are all equally good, for the Stat. of Hen. 5, is only directory, and in the affirmative, and, therefore, if they be only holden according to the general directions of the Stat. of Rich. 2. they will be valid.† * 2 Hale's Hist. 49. + Id. 50. |