WHO MAY PRACTISE AT SESSIONS. By 22 Geo. 2. c. 46. no clerk of the peace, or In what manner the clerk of the peace is to be OF THE JURISDICTION OF THE SESSIONS. ib. s. 28 67. s. 29 peals against judgments or orders, may cause IN WHAT CASE THE SESSIONS MAY AWARD COSTS. 68. s. 36 By 8 & 9 Will. 3. c. 30. s. 3. the quarter ses- By 15 Geo. 3. c. 78 s. 30. on appeal against any 70. s. 41 And if the party do not pay such costs as the ses- and charges, the particular items of expense The sessions cannot order costs on the mere ad. on which they are allowed. ib. s. 44 journment of an appeal. ib. s. 45 WHEN THE SESSIONS MAY MAKE ORDER RE SPECTING THE COUNTY. If a statute authorize the sessions to "hear and The sessions need not state in an order for costs determine," without saying by information, they must proceed by indictment. ib. The sessions have no power to judge of the validity of a deed. The sessions have no jurisdiction over newcreated offences which are not against the peace, unless the statute give them such jurisdiction in express terms. ib. s. 30 Instauces given. ib. The sessions are bound to make a direct and final judgment, and cannot refer the determination of any matter that comes before them to other persons. ib. s. 31 But the sessions may, by the consent of the parties, refer a thing to another to examine, and may report to the court to determine upon. ib. s. 31 The sessions may, by the common law, proceed to outlawry on indictments found at sessions. By 9. Geo. 3. c. 20. the sessions, on presentment By 14 Geo. 3. c. 59. the quarter sessions may or- 72. s. 48 By 14 Geo. 3. c. 59. s. 3. the sessions may order ib. s. 32 the expenses respecting the county gaols, prisons, and courts of justice, to be levied by rates, &c. ib. s. 49 If a fine be imposed on a county which the sessions think illegal, they may order the trea surer to pay the expense of trying the question at law out of the county stock. 72. s. 50 The sessions also may order the treasurer of the county to pay the expense of litigating any question respecting the repair of highways, ib. bridges, &c. SEWERS. By 21 Jac. 1. c. 4. the like process may be com- PROCEEDINGS. By 5 Geo. 2. c. 19. the sessions, upon all ap Every sheriff is a principal conservator of the 63. s. T 84 hem. SON ASSAULT. 494 rolls with the coroner, and attend with him Where pleadable in bar to an appeal of may→ to take appeals. The sheriff having a justice's warrant directed SPECIAL HEIR. 228 to him, may authorise others to execute it. No special heir by custom of Borough English, or otherwise, can bring an appeal of death. 135. s. 29 Justices of assize may punish sheriffs for letting a writ. 140 208 Where the court may proceed by attachment against a sheriff for oppressive practice. ib. Where the court may proceed by attachment against a sheriff for not executing a writ effectually. 235 SPINSTER. Where a gentleman or gentlewoman is named spinster, the wrong addition may be pleaded in abatement. 259. s. 103 Spinster" is a good addition for the estate and degree of a woman, and perhaps also for that of a man. 262. s. 111 STAR CHAMBER. 209. s. 4 A statute making a new law concerning an old offence, appointing certain justices to execute it, does not exclude the jurisdiction of the king's bench. Where the court may proceed by attachment against a sheriff for making a false return to a writ. ib. In all suits where the king is a party, as in indictments and informations, the process ought to be executed by the sheriff, aud not by the bailiff of any franchise, whether it have the clause of non omittas or not. 396 The statute 23 Hen. 6. c. 8. which enacts, "that sheriffs shall continue in their office no longer than one year," cannot be dispensed with. 542 A 7 statute which appoints that all crimes of a certain denomination shall be tried before certain judges, does not exclude the jurisdic tion of the king's bench without express negative words. 8 Where a statute creates a new offence, and erects a new jurisdiction for the punishment of it, and prescribes a certain method of proceeding, it is questionable whether the king's bench hath jurisdiction. ib. Affirmative statutes shall not, without express words, be construed to take away the juris diction of an ancient court. 12 Whether the statute de officio coronatoris, be A statute which extends to private persons, or The nature of the office of lord high steward. to matters of a private nature, will not bear an indictment. 5 None under the degree of nobility can be appointed lord high steward. 6 The high steward, in the court of the high steward, is sole judge in matters of law. 6. notis. The lord high steward is, by virtue of his office, a conservator of the peace. 38. s. 2 In what manner a lord high steward is to be created for the trial of a peer, and the proceedings therein. 581 ib. Where a statute makes a new offence which was no way prohibited by the common law, and appoints a particular manner of proceeding, without mentioning indictment, no indictment can be maintained. 4 If a statute give a recovery by action of debt, bill, plaint or information, or otherwise, it authorises a proceeding by indictment. 290 Where a statute adds a further penalty to an offence prohibited by the common law, the In what manner the peers may require the opioffender, at the election of the prosecutor, nion of the high steward, or of the judges. may be indicted at common law. ib. If such indictment conclude contra formam statuti, and cannot be made good upon the statute, it may be maintained as at common law, and the words contra formam statuti rejected. Where new created offences are only prohibit- An indictment before J. S. steward, must shew ed by a general prohibitory clause of a statute, an indictment will lie. Where there is a prohibitory particular clause specifying only particular remedies, there such particular remedy must be pursued. ib. 290 585 Whether the court of the high steward may be adjourned. 586 A writ of error lies in the king's bench of an attainder before the lord high steward. to whom he is steward. ib. (N) 2 STOCKS. 502. s. 17 ch. 25. s. 119 Where an offence, not so at common law, is In what manner the death must be laid in an made an offence by statute, an indictment will lie where there is a substantive prohibitory clause, though there be afterwards a particular provision and remedy given. ib. No indictment will lie where the statute is not prohibitory, but only inflicts the forfeiture, and specifies the remedy. ib. Where the offence was punishable before the statute which prescribes a particular method of punishing it, there such particular method is cumulative. ib. But where a statute appoints a particular mode of punishment for an offence which was not punishable before, there the particular mode must be pursued, and not the common-law mode of indictment. ib. An information may be brought for offences against statutes unless a different mode is Whether a sessions of the peace may be holden prescribed. ib. without summons. (See SESSIONS.) it shall have the benefit of clergy, unless it An indictment cannot be well taken on a be expressly excluded from it. 63 may be suspended by writ of supersedeas, on proof that the commission was unduly granted. 20. s. 3 A precept by two justices for the summon of a session of the peace cannot be superseded but by writ out of chancery. How far a certiorari shall be a supersedeas to the Court below (See CERTIORARI). On a pardon allowed in the king's beuch, the party may have a supersedeas to the exchequer to stop the process there on an estreated amercement. How far a defendant coming in by capias utlagatum may avoid an outlawry in the common pleas by shewing that he purchased a supersedeas, and delivered it before the quinto ex actus. SURETY. 552. s. 69 650 SURVIVOR. 250 623. s. 10 Process from the king's bench ought to be under 414. s. 73 Where a Term intervenes between the teste and return of a capias, it is discontinuance. process be tested after the day of the return of the first process, it is discontinuance. ib. s. 85 If TITHES. See CERTIORARI. TORN. 417. s. 88 90 The sheriff's torn is the king's court of record, ib. Where two joint owners of goods are robbed, The words frank pledge or tything explained. ib. the survivor may bring an appeal. SUSPICION. See BAIL. ARREST. TAIL. By 31 Edw. 3. c. 15. the torn is to be held within a month after Easter and Michaelmas. ib. In what cases an estate in tail is forfeited by an The sheriff is indictable for holding his torn at attainder of treason or felony. another time, or at an unusual place, and an Every caption of an indictment at the torn All persons who are bound to appear at the servant to continue a year and a day with- But tenants in ancient demesne, parsons, peers, No man can belong to two leets, and there- 94. s. 17 95. s. 19 ib. It is not necessary in an avowry for a distress for a fine or amercement to shew that the party had previous notice what it was. ib. Distress is incident of common right to the sheriff's torn, if the offence be incidental to the jurisdiction. ib. An amercement being a judgment, that the But for a duty of a private nature no distress can be made without a special custom. ib. The sheriff may distrain any lands of the offender within the county or precinct, except lands in the king's possession, for they are wholly out of the jurisdiction of the court. 96. s. 26 The sheriff may distrain in the highway not- In ib. s. 30 No such pain can be affeered for any less sum than what is at first set. ib. The authority of the sheriff in his torn in relation to the appointment of constables, and the nature and antiquity of that office. (See CONSTABLES) 97-103 The sheriff in his torn may inquire of ALL TREASONS, except such as are created by statute. 105 The sheriff may also enquire of all FELONIES at common law, except rape, which being an offence made felony by statute, though originally a felony at common law, he can enquire of it as a trespass only. ib. s. 52 An assault and battery, if there be bloodshed, is inquirable in the torn; for otherwise it is not a common grievance, but a private injury only. 105 The common breaking of fences and pound breaches are within the cognizance of the 106. s. 55. 56 torn. Purprestures, mortmains, treasure trove, waifs, &c. |