convict in his own right, whether in possession or action, is perfected to the crown by his conviction; and no assignment between the offence committed and conviction, if for other than valuable consideration, is good as against the claim of the crown (m).

Passing discharged Prisoners.]-The stat. 32 G. II. c. 45, s. 4, enabled justices in session to order any convict, on his discharge from prison, and also any person acquitted before them, or discharged by proclamation, to be conveyed by a vagrant pass to the place of his settlement. This salutary provision was repealed by 5 G. IV. c. 83, s. 2; and its place is not supplied by 4 G. IV. c. 64, s. 16 & 39, or 5 G. IV. c. 85, ss. 22, 26, which give to the visiting justices of prisons power to deliver to prisoners, on their discharge, papers enabling them to receive necessary allowances for travelling in the parishes through which they are obliged to travel, besides clothing, if their term of imprisonment is shortened on the justice's recommendation, or by 5 G. IV. c. 83, s. 15, which permits the like justices to grant them certificates, enabling them to beg on their way home (see post, tit. Vagrant). These acts contain no provision enabling the justices in session to give to an acquitted or discharged prisoner the same means of reaching his home which the former act did. It is, therefore, now usual for them to direct the governor of the prison to give to such prisoner, if destitute of the means of reaching his place of abode, sufficient money to enable him to reach it, at the county charge; or out of bequests, &c. originally made for supplying prisoners with food and clothing (n); a proceeding equally discreet and just; as, if he be not supplied with the means of subsisting till he can regain the place where he is entitled to relief, he will be tempted to supply his wants from the property of others (0). And by s. 15 of the vagrant act, 5 G. IV. c. 83, the visiting justices of every prison may grant a certificate to enable any person discharged therefrom to have or receive alms or relief on the rout to his or her place of settlement. Such certificate to be drawn up in compliance with the gaol acts.

No Fees on Discharge of Prisoners.]-In cases of felony or misdemeanour, no fees are due from prisoners on their discharge, whether the bill is thrown out, or an acquittal or discharge by proclamation

(m) See cases in Shelford's Acts relating to Real Property, 4th edit. 467. (n) See post, Chap. XV. tit. Gaols.

(0) Prisoners discharged from Millbank prison receive clothes and an allowance of money, 6 & 7 Vict. c. 26, s. 15.

for want of prosecution has taken place (p). In the third edition of this work it was stated, that fees are still demanded by some clerks of the peace from the defendants in traverses, on their acquittal: this claim (if indeed it be legal, since 55 G. III. c. 50, s. 4.) (g) can scarcely be permitted to disgrace the criminal law much longer. At all events, such fees are only recoverable by action, and no defendant can be detained for them (r).

(p) 14 G. III. c. 20. (q) See ante, p. 154. See a list of large demands paid to a clerk of the peace on a traverse, R. v. Thompson, 3 Tyrwhitt's R. 53. See Parliamentary Debates, 7 April and 2 May 1843.

(r) Ibid. Anciently, if the jury acquitted a prisoner, but found that he had fled for it, his chattels were neverthe

less forfeited!!! Wood's Instit. 652. Sheriffs formerly took fees from debtors on their discharges. This oppression was repealed by 55 G. III. c. 50, s. 10; the sheriff's compensation to be fixed by the sessions out of the county, city, or town rate; see R. v. Middlesex (Justices), 3 B. & Ad. 100.

CHAPTER VIII.

OF THE ORIGINAL JURISDICTION OF THE SESSIONS IN
PENAL AND CIVIL MATTERS.

SECTIONS.

I. Of the Original Jurisdiction of the Sessions in Civil Matters generally, p. 592.

II. Of the Jurisdiction of the Sessions in Cases of Apprenticeship, p. 592.
III.-Of Articles of the Peace, p. 594.

IV.-Of Vagrants, p. 605.

SECTION I.

OF THE ORIGINAL JURISDICTION OF THE SESSIONS.

WE come now to that part of the business of the sessions, which is entirely submitted to the judgment of the court, without the intervention of a jury; and which, as opposed to the criminal trials, may be termed the civil jurisdiction of the court of quarter sessions.

The far greater part of the civil business of the sessions comes before the justices as a court of appeal deriving authority from various statutes. But the sessions have in some matters an original jurisdiction, which will be shortly considered in this Chapter.

In general, the sessions have an original jurisdiction to do whatever may be done by two magistrates; except where the statute, empowering the latter to act, gives an appeal to the sessions (a).

The cases in which the sessions most usually exercise an original jurisdiction are in cases of apprenticeship; in the allowance of articles of the peace; and in the disposal of incorrigible rogues (b) committed to the general or quarter sessions for punishment.

(a) Per Holt, C. J., R. v. Boughton (Inh.), 1 Ld. Raym. 426. Thus they cannot make an original order of removal, R. v. Bond, 2 Show. 503.

(b) Justices in sessions have no ori

ginal jurisdiction over the earlier stages of vagrancy; see post, Sect. 5, or (since 2 & 3 Vict. c. 89, and 7 & 8 V. c. 101, s. 1, 2,) in bastardy. See Index, tit. Bastardy.

SECTION II.

OF THE JURISDICTION OF THE SESSIONS IN CASES OF

APPRENTICESHIP.

Ill-treatment and Misconduct of Apprentices.]-Stat. 5 El. c. 4, s. 35, enacts, "That if any such master (c) shall misuse or evil intreat his apprentice, or the said apprentice shall have any just cause to complain, or the apprentice do not his duty to his master, then the said master or apprentice being aggrieved, and having cause to complain, shall repair unto one justice of the peace within the said county, or to the mayor, or other head officer of the city, town corporate, market town, or other place where the said master dwelleth, who shall by his wisdom and discretion make such order and direction between the said master and his apprentice as the equity of the case shall require; and if for want of good conformity in the said master, the said justice of the peace, or the said mayor, or other head officer, cannot compound and agree the matter between him and his apprentice, then the said justice, or the said mayor, or other head officer, shall take bond of the said master to appear at the next sessions then to be holden in the said county, or within the said city, town corporate, or market town, to be before the justices of the said county, or the mayor, or head officer of the said town corporate, or market town, if the said master dwell within any such; and upon his appearance, and hearing of the matter before the said justices, or the said mayor, or other head officer, if it be thought meet unto them to discharge the said apprentice of his apprenticehood, then the said justices, or four of them at the least, whereof one to be of the quorum, or the said mayor, or other head officer, with the assent of three other of his brethren, or men of best reputation within the said city, town corporate, or market town, shall have power by authority hereof, in writing under their hands and seals, to pronounce and declare, that they have discharged the said apprentice of his apprenticehood; and the cause thereof and the said writing so being made and enrolled by the clerk of the peace and town clerk amongst the records that he keepeth, shall be a sufficient discharge for the said apprentice against his master, his executors, and administrators, the indenture of the said apprenticehood, or any law or custom to the contrary, notwithstanding. And if

(c) Viz. “householder having and using half a plough land at the least in tillage," requiring "an apprentice to

serve in husbandry or any other art, mystery, or science," in the act expressed.

the default shall be found to be in the apprentice, then the said justices, or the said mayor, or other head officer, with the assistance aforesaid, shall cause such due correction and punishment to be ministered unto him as by their wisdom and discretion shall be thought meet.”

Construction of the Act.]-In the construction of this act, it was at one time, doubted whether the sessions could interfere except on appeal; but it is clearly settled that they have jurisdiction to act without any application previously made to a magistrate (c). Their jurisdiction extends not only to apprentices bound to the trades enumerated in the statute, but to apprentices in all other trades (d): but, as it would seem, is restricted to compulsory bindings, without premium paid (e); and even if the master be a freeman of the city of London, and the indentures are enrolled in London, the sessions for the county of Middlesex have jurisdiction to discharge the apprentice, notwithstanding the saving in section 40 of the act of the privileges of. London and Westminster (f).

If the master be bound over or summoned to appear, the sessions may proceed in his absence to hear the case; and may, if they see fit, discharge the apprentice from his indentures (g). It has been lately held that the justices in session have not power to order the return of any part of a premium already paid to the master, or to order that any part remaining unpaid shall not be paid (h). The order made in session must be under the hands and seals of at least four of the justices (i). The sessions under this act have power, on proof of the misbehaviour of an apprentice, to order him to be corrected by corporal punishment, or by imprisonment and hard labour in the house of correction (k).

SECTION III.

OF ARTICLES OF THE PEACE.

THE consideration of articles of the peace may either come before the sessions on a complaint originally made in court, or in consequence of the party being previously bound by a magistrate to appear at the sessions.

(c) R. v. Johnson, 1 Salk. 68; R. v. Gill, 1 Stra. 143; R. v. Davies, 2 Stra. 704.

(d) R. v. Collingbourn, 2 Ld. Raym. 1410.

(e) Per Alderson, B., East v. Pell, 4 M. & W. 665.

(f) Id. ibid.

(g) Ditton's case, 2 Salk. 490.

(h) East v. Pell, 4 M. & W. 665; R. v. Vandeleer, 1 Stra. 69. As to power of justices out of session, see 32 G. III. c. 57.

(i) R. v. Gately, Carthew, 198. (k) Hawkesworth v. Hillary, 1 Saund. 313, 314.