374 CHAP. IV. THE TERMINATION OF THE SESSIONS, Termination Adjourn ment. Cannot be to a day subsequent to the next Session by statute. Herein of the duration of its authority, and itş, termination; with some observations on other matters connected with, or arising out of, its duties; not only while the Court is sitting, but subsequent to its adjournment, or expiration. ALL Sessions are of course terminated by the departure of the Justices, the Constituted authorities by whom they are holden, unless they be previously prolonged by adjournment. But such adjournment ought not to be beyond the time of meeting of the next Quarterly Session. An indictment was found before the Justices for the County of Lincoln against a Constable for refusing to obey an order. The defendant was tried, convicted, and had judgment given against him at a General Session holden the 3rd day of May, (which was after the Easter Session began) by the adjournment of the Epiphany Session. The judgment was reversed by the Court of B. R. "because the Justices cannot continue one General Session to a day subsequent to the time appointed by the stat. of Hen. 5, for the holding another original Session."* But though they may not adjourn a matter over the next original Session, they may, in certain cases, adjourn it to them; as where a statute giving an appeal to the Session within a certain number of months after the cause of complaint shall arise, direct the Justices at the said Session to hear and determine the matters of such appeal, &c.; yet it seems they have an incidental power of adjourning it to another Session upon lawful cause ;-of the sufficiency of which cause they are the sole Judges. But where the Session is adjourned, the style of it must not run "at such Session held by adjournment," but the original meeting of the Session ought to be set forth, and that it was "continued from thence to such further time by adjournment."+ It has been observed in a preceding page, Judgments that the whole Session being considered as one tered, may be alday, the Justices may alter their judgments at any time before its expiration, and may therefore make any order to annul a former order made during its continuance; but this is a power to be exercised with great delicacy and * 19 Viner, 358. Cannot be reviewed by Session. discretion; for if it were to be done by a fresh accession of Justices in the spirit of party, or otherwise in an unbecoming manner, it would be visited by the Court of B. R. in the shape of an information against the Justices who concurred in the transaction.* It follows necessarily, from what has been a subsequent already advanced, that, as the power of the Court expires with the conclusion of its sitting, if a question be not kept open by adjournment of the Session, or respite of the particular subject, it cannot be reviewed, or placed in any new situation, by any subsequent Session.† May be referred to a 1/ But beside these means, by which the Jus superior au- tices may, purely of their own authority, prothority. crastinate their decision on some subjects, there are other modes, by means of which any par ticular question of legal difficulty may be referred to the opinion of a superior tribunal; or by which the subject matter may be altogether taken out of their hands, at the instance of a party interested. These are 1st, by the reference of the whole case, or any particular point, to the Judge of Assize. 2ndly, By stating the special circumstances of a case for the consideration of the Court of King's Bench, and, * 2 Nol. P. L. 449. t2 Salk. 477.-2 Nolan, 459, 3dly, By a writ of Certiorari. Of these respectively. Assize. A reference to the Judge of Assize, either of Reference the whole case, or of some point of legal dif- to Judge of ficulty involved in it, used formerly to be a common practice, but is of late fallen much into disuse. For this change many reasons might be adduced, but they are unnecessary here. If any particular circumstances should make this mode eligible, the right still continues; but it has generally given place to a more eligible one, which is that of stating a special case for the determination of the Court Special case. of King's Bench. This is carried into effect by the Counsel agreeing to a statement of facts, which are usually corrected and settled by a reference to the Chairman's notes. The case so settled is to be signed by the junior counsel on each side. If no counsel are employed, or if they cannot agree upon a case, even with the assistance of the chairman, the latter may, with the concurrence of a majority of the Justices on the Bench, state and sign a special case himself. case. There is no specific form or precedent, ac- Form of the cording to which a special case must be drawn; but nevertheless, there are certain rules to be the case. collected from a long succession of determi nations, which are, in substance, as follow: summary jurisdiction which is given to them, are placed in the situation of jurors, and judges, conjointly. They are to elicit the facts from the evidence as juThe law of rors would do, and they are to judge of the law arising out of those facts in the common course, if they think fit. Out of this position arise two conclusions; viz. first, that they are not compellable to grant a special case, if they entertain no doubt whatever of the law; and therefore, though it is certainly, in point of candor, right to comply with the request of either of the litigant parties by doing so, where any reasonable doubt on the subject is suggested, they will best consult the interests of the public by refusing it where they believe the application to arise out of mere obstinacy, or a spirit of litigation. Secondly, that their authority to judge of the Law, is the only one which they reserve for the Superior Court, The facts. whence it follows that the Facts make no part of the subject matter, on which the Court above are to exercise their discretion, and therefore, having been found by the Justices, they must be specifically stated in the case, and not the evidence from which they were deduced.* A very few examples may suffice for illustra * Burr. S. C. 120. |