in the same manner as if such offence had been committed within any other part of the same county, and as if such person had been committed by any justice of the same county, not being within such limits. over wit dence at the II. And be it further enacted, that in all cases where Justices any justice or justices of the peace, under the authority of may bind this act, shall commit any person to the county gaol, it nesses by shall be lawful for such justice or justices, and he and they recogniis and are hereby authorized and required also to bind zance, to over all necessary parties and witnesses, by recognizance, give evito prosecute and give evidence against such offenders, at sessions of the next sessions of oyer and terminer and general gaol oyer and delivery, and to transmit such recognizance, and all depo- terminer, sitions taken before him or them, relating to the charge, to the clerk of the crown, clerk of assize, or other proper officer, to be filed in the court of oyer and terminer and general gaol delivery for such county, to the intent that the same may be used or put in force by the judge or judges of the said court, as he or they shall deem proper, according to law. &c. tion. III. Provided always, and be it further enacted, that in Expenses all cases of any commitment to the county gaol, under the of prosecu authority of this act, all the expenses to which the county may be put by reason of such commitment, together with all such expenses of the prosecution and witnesses as the judge shall be pleased to allow, by virtue of any law now in force, shall be borne and paid by the said town, liberty, soke, or place within which such offence shall have been committed, in like manner, and to be raised by the same means, whereby such expenses would have been raised and paid if the offender had been prosecuted and tried within the limits of such exclusive jurisdiction; and that the judge, or court of oyer and terminer and general gaol delivery, shall have full power and authority to make such order touching such costs and expenses as such judge or court shall deem proper; and also to direct by whom and in what manner such expenses shall in the first instance be paid and borne, and in what manner the saine shall be repaid and raised within the limits of such exclusive jurisdiction, in case there be no treasurer or other officer within the same, who, by the custom and usage of such place, ought to pay the same in the first instance. 1 & 2 Geo. 4, c. 63. I. [Recites 28 Geo. 3, c. 49, s. 4, and proceeds thus:]and whereas doubts have been entertained, whether justices of the peace for counties at large are thereby empowered to act for such counties at large, within any city, town, or other precinct having exclusive jurisdiction, but not being a county of itself: be it therefore enacted and Justices of the peace, acting for any county at large, &c. may act as such in places having exclusive juris diction with in or ad county. declared, &c., that it shall and may be lawful for any justice or justices of the peace acting for any county at large, or for any riding or division of a county in which there are several and distinct commissions of the peace, to act as a justice or justices for such county at large, riding, or division, in sessions or otherwise, at any place within any city, town, or other precinct, having exclusive jurisdiction, but not being a county of itself, and situate within, surrounded by, or adjoining to any such county at large, riding, or joining such division; and that all and every such act and acts, matters and things which shall be done, or which may heretofore have been done, by such justice or justices of the peace for the said county at large, riding, or division, within such city, town, or other precinct, shall be as valid and effectual in the law as if the same had been done within the said county, riding, or division, to all intents and purposes whatsoever; provided always, that nothing in this act contained shall extend to give power to the justices of the peace for any county at large, riding, or division, not being justices for such city, town, or other precinct, or any constable or other officer acting under them, to act or intermeddle in any matters or things arising within any such city, town, or precinct, in any manner whatsoever. Time of Holding the Court of Quarter Sessions. 2 Hen. 5, s. 1, c. 4. II. And 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 tices of the first week after the feast of St. Michael, and in the first week after the Epiphany, and in the first week after the quarter ses 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. At what times jus peace shall hold their Note. It is evident that the court of quarter sessions took its rise from this statute, and from the 12 Ric. 2, c. 10. It is also laid down by high authorities, that the words "more often, if need be" give power to the justices to hold a general sessions whenever they please: 2 H.P.C. 49; 2 Haw. P. C. c. 8, s. 47; 1 Chit. Cr. L. 134. The point, however, seems doubtful: see 5 Burn, 204, n. and see Lambard's Justice. 14 Hen. 6, c. 4. [The justices of the peace of Middlesex may keep their sessions but twice in the year.] 54 Geo. 3, c. 84. sions shall I. Whereas the time now appointed for holding the quarter sessions for the Michaelmas quarter might be altered, so as to render the attendance at the same more generally convenient than it is at present; be it therefore enacted, When Mi&c. that from and after the passing of this act, the quarter chaelmas sessions for the Michaelmas quarter shall in every year be quarter ses holden, for every county, riding, division, city, borough, be held in and place, within England and Wales, and for Berwick counties in upon Tweed, in the first week after the eleventh day of England. 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. II. Provided always, that nothing in this act shall ex- Except Lontend, or be construed to extend, so as to alter or vary the don and Middlesex. time at which the sessions for London or Middlesex are now holden. 25 Geo. 3, c. 18. I. Whereas by the present law of this realm, the power and authority of justices, appointed and authorized under and by virtue of any commission of oyer and terminer or any commission of gaol delivery, awarded into, and for any county or place, are suspended by the coming and sitting of his majesty's Court of King's Bench, in such county or place; and whereas it hath oftentimes happened that the gaol of Newgate, in London, hath not been delivered of all the prisoners in it, nor the business of a session of gaol delivery of the said gaol of Newgate, for the county of Middlesex, finally concluded before the essoin day of term, and the sitting of his said majesty's Court of King's Bench, at Westminster, in the said county of Middlesex, by reason whereof divers prisoners in the said gaol of Newgate have remained untried at such session, and have been kept and continued in the said gaol until the following session, to the great inconvenience of the public, to the manifest hindrance and delay of justice, to the prevention of speedy and condign punishment being inflicted on offenders, and to the great increase of the number of prisoners confined in the said gaol, from which the most alarming and dangerous consequences are at times dreaded and Session of gaol deli. very of Newgate for Middle sex, not to be discon tinued by the sitting of the court of King's Bench, &c. Public act. likely to ensue; may it therefore please your majesty that it may be enacted, and be it enacted, &c. that, from and after the third day of May, 1785, when any session of oyer and terminer and gaol delivery of the said gaol of Newgate, for the said county of Middlesex, shall have been begun to be holden before the essoin-day of any term, that the same session shall and may be continued to be holden, and the business thereof finally concluded, notwithstanding the happening of such essoin-day of any term, or the sitting of his majesty's said Court of King's Bench, at Westminster, or elsewhere, in the said county of Middlesex; and that all trials, judgments, proceedings, acts, deeds, matters, and things whatsoever, and all proceedings, acts, deeds, matters, and things, in pursuance of such judgments had, made, and done, at such session so continued to be holden after the essoin-day of any term, or the sitting of his said majesty's Court of King's Bench, at Westminster, or elsewhere, in the said county of Middlesex, shall be good, valid, and effectual in law, and deemed, reputed, and taken to be so, to all intents and purposes whatsoever, any law, usage, or custom to the contrary thereof in anywise notwithstanding. II. And be it further enacted by the authority aforesaid, that this act shall, and shall be deemed and taken to be a public act. JURY. 25 Ed. 3, st. 5, c. 3. Item, it is enacted, that no indictor shall be put in inquests upon deliverance of the indictees of felonies or trespass, if he be challenged for that same cause by him which is so indicted. Note. By "indictor" is meant one of the grand jury. As to the number, qualification, mode of summoning, charging, and swearing of the grand jury, see 1 Chit. Cr. L. chap. 6, and Cro. Circ. Comp. It may here, however, be shortly observed, that the grand jury must consist of twelve at the least, (for otherwise the defendant cannot be put on his trial,) and twenty at the most, in order that twelve may form a majority; 1 Chit. Cr. L. 306: 4 Blac. Comm.302; 2 Burr. 1088. It appears that exceptions to a grand juryman, for incompetency, have been allowed, after plea of not guilty: S. P. C. 87; 3 Inst. 33, 34. But, regularly, the challenge should be made before the bill is presented, though, under the repealed statute of 11 Hen. 4, c. 9, the party indicted might, upon his arraignment, have pleaded the special matter given to him by that statute, and might have pleaded over to the felony: 3 Inst. 34; Bro.: Indictment. The statute of Henry 4 enacted that an indictment taken by a jury, one of whom was unqualified, should be void, and of no effect whatsoever; but since its repeal, is should seem that the party indicted has no remedy in cases of this kind, but by challenge before presentment. In preferring a bill before the grand jury, if the offence seem to amount to felony, and certainly include a misdemeanor, the prosecutor should determine which charge he will bring forward, for the court will discountenance the preferring two indictments for the same offence, one for a felony, and the other for a misdemeanor, though the practice does not seem to be absolutely illegal: 1 Chit. Cr. L. 316. Upon the bill being preferred, the grand jury proceed to hear the evidence for the king; and they have no concern with any other than that which has been offered to them with the bill, 2 H. P. C. 157; and it was formerly laid down, that probable evidence was sufficient; id. But it seems now to be the better opinion, that the evidence upon which a bill is presented, ought to be such as would, if not confronted by contrary evidence, carry with it a full conviction of guilt: 2 H. P. C. 157, in notis; 4 Blac. Comm. 302; 2 Woodes, Lect. 559. further, as to the evidence before the grand jury, 1 Chit. Cr. L. 319; Dodd's case, 1 Leach, 155; and as to finding the bill, Archb. 35. 25 Ed. 3, st. 5, c. 4. Item, whereas it is contained in the great charter of the franchises of England, that none shall be imprisoned nor put out of his freehold, nor of his franchises nor free custom, unless it be by the law of the land; it is accorded, assented, and established, that from henceforth none shall be taken by petition or suggestion made to our lord the king, or to his council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made by writ original at the common law; nor that none be out of his franchises, nor of his freeholds, unless he be duly brought in to answer and forejudged of the same by the course of the law; and if any thing be done against the same, it shall be redressed and holden for none. See 23 Hen. 8, c. 13. felons in Forasmuch as trials in murders and felonies in cities, Qualificaboroughs, and towns corporate within this realm, having tion of jurors authority to proceed in the deliverance of such offenders, for trial of have been oftentimes deferred and delayed, by reason of corporate challenge of such offenders, for lack of sufficiency of towns. freehold, to the great hindrance of justice: it may therefore be enacted by authority of this present parliament, that every person and persons, being the king's natural subject born, which either by the name of a citizen, or of a freeman, or any other name, doth enjoy and use the liberties and privileges of any city, horough, or town corporate, where he dwelleth and maketh his abode, being worth in moveable goods and substance to the clear value of forty pounds, be from henceforth admitted in trial of murders and felonies in every sessions and gaol deli |