In Middlesex it is provided by Statute specially, that Sessions shall be holden twice in the year at least, and oftener if need be ;*--and, in fact, from the necessity of the case, they are actually holden eight times in the year.†

In

Middlesex.

Jurisdiction

Court of Ge

The jurisdiction and authority of the Court and authoof General Quarter Sessions makes the subject rity of the of a separate Chapter hereafter, and, there- neral Quarfore, it is sufficien there merely to observe, that ter Sessions. by 34 Edw. 3. c. 1. it extends to the trying and determining all felonies and trespasses whatsoever. This general power, however, is to be understood with limitation, especially, that it does not extend to the trial of new offences erected by Act of Parliament, unless the particular Statute which makes the offence, gives the cognizance of it to the Justices in Session.‡ The subjects which have been made especially cognizable in this way, are, generally, such as relate to Apprentices, the Game, Highways, Publicans, the settlement and provision of the Poor, Servants, and Vagrants.

If it happen on the day appointed for holding Justices not the Session, that a sufficient number of Jus- appearing. tices (two, one whereof is of the Quorum) do not appear, it is usual to suffer the Session for that quarter to be lost, But if public convenience require it, a precept may be issued

14. Hen. 6. c. 4.

+ Crown Circ. Comp. 31.

Salk. 406.-Ld. Raym. 1144.

to the Sheriff to convene a Session under the hands and seals of two Justices, one being of the Quorum, and to return a Jury; and if such Session be within that Quarter, that is to say, previous to the day for the succeeding quarterly Session pointed out by the Stat. of Hen. 5, it will be a good Quarter Session, for that quarter in which the previous Session was lost.*

This point may occasionally be of considerable importance; because, altho' for many purposes

* 2. Hawk. c. 8.-But tho' the Stat. of Hen. 5, as has been already observed, after directing the specific periods at which the four Quarter Sessions shall be holden, proceed to say, that they shall be holden" oftener if need be," it does not mean to direct that more than one original Quarter Session shall be within one quarter; but merely that, after being summoned and actually holden, if the occasions of the County or other district, require it, that Session shall be adjourned from time to time as such occasion may render conveNient, and that these adjournments are what the words “or oftener, if need be," refer to. This decision does not interfere with what has just been laid down, viz. that if, for any cause, the first summoned regular Quarter Session be not actually holden, another original Quarter Session may be summoned within that Quarter, which will be good, as well as any adjournments of it. Under this explanation, the following cases are cɔmpatible with the doctrine laid down by Hawkins, and lead to the conclusions here drawn.

Hil. Term. 20 Geo. 2. appeal was made to the Quarter-Ses sion, held April 7, against an order of removal. The Session was adjourned to April 9, when for want of a sufficient number of Justices nothing was done. April 11th, a Session was held, and adjourned to the 14th, when the appeal was allowed. It was moved to quash the order of Session, as made without jurisdiction, the Session ending for want

a general Session might be sufficient, where any act is directed to be done at a GENERAL QUARTER Session, the formalities incident to that particular species of Session may be neeessary to be observed. This case may not unfrequently happen respecting appeals given by divers statutes, which are generally directed to be to the next Quarter Sessions of the Peace. In such case a General Session, which was not also a Quarter Session, could not entertain them.*

for more

Whenever holden, the whole Session, al- Continuance tho' it may continue two, or more, days, is, than one day in point of law; considered as of one day. Hence it follows that the Justices may change

of an adjournment on the 9th; and of that opinion was the Court, for the words in stat. 2. Hen, 5, c. 4, and more often if need be, were never considered as giving more than one original Session in a quarter, but only empowering adjournments. The country must take notice of adjournments, but are not supposed to expect a new Session till the usual time. Order of Session quashed. 2 Str. 1263.

So in the case of R. v. West Torrington, Tr. 22 and 23 Geo. 2, the Session was held at Kirton, and from thence adjourned to Caistor, at which place no Session was held pursuant to the said adjournment; afterwards a Session was held at Horncastle;, and the appeal was heard and determined there. BY THE COURT. The Session at Horncastle could not take up the appeal for want of jurisdiction: a Quarter-Session must be holden four times in a year, as directed by statute; and it may be adjourned from time to time, and from place to place; but if it is once dropped, it cannot be resumed. Burr. S. C. 293.

15. Ests. R. 632,

be altered.

concluded.

Orders may their opinions at any time while such Session .continues, and may alter their orders.* Business not But if, from the Justices being equally divided, or other cause, no conclusion be come to, and no adjournment take place, no order on any thing that may have come before them, can be made at a subsequent Sessions.†

Adjourn

ments.

The Places where to be holden.

Wherefore, in the event of an equal division of the Justices, it is proper for the Clerk of the Peace to enter an adjournment.

The Justices who issue the precept to convene a Quarter Session, may name any place within the County, Division, Riding, or Liberty, for which it is summoned, as that where it is to be holden, according to their discretion; and thither all Officers and Suitors of the Court will be bound to give their attendance.

In Counties, wherein the situation of the chief town is not central, or the population is very unequally distributed in the different parts, the greatest portion being at a distance from the County town, it is usual, as it is both lawful and expedient, to hold the Sessions successively at two or more of the principal places within the County, where proper accommodations for the purpose are to be obtained. In other Counties where similar circumstances exist, it is usual to adjourn every Session from one quarter of the County to another.

Form of a Precept to summon a Session.

}

“We A. B. and C. D. Esqs.,

"two of the Justices of our Sove"reign Lord the King assigned to keep the "Peace in the County of

aforesaid, and also to hear and determine "divers felonies, trespasses, and other misde"meanors committed in the same County, one "of us being of the Quorum, to the Sheriff of "the same County, greeting: On the behalf of "our said Sovereign Lord the King, we command you, that you omit not, by reason of any Liberty within your County,* but that you "enter therein, and that you cause to come be"fore us, or some other Justices assigned to keep the Peace in the said County, and also "to hear and determine divers felonies, trespasses, and other misdemeanors in the said County committed, on the -day of now next ensuing, at the hour of "in the forenoon of the same day, at

66

66

“in the said County, twenty and four good and "lawful men of the body of the County afore

said, then and there to enquire, present, do, "and perform, all and singular such things,

* If there be a Liberty, or other Franchise, in the County, possessing an exclusive jurisdiction, that is to say, a jurisdiction in which the Justices of the County at large are prohibited from interfering, it will be proper, as it is usual, to add in this place, (except the liberty of within the

same.) Cro. Cir. Com.