The courts of oyer and terminer and

gaol delivery,

held before the queen's commissioners.

The courts of oyer and terminer, and general goal delivery, are held before the queen's commissioners, among whom are two judges of the courts at Westminster twice in every year in every county of the kingdom, but in London and Westminster they are held more frequently (c). The justices of

three of the said justices and judges of oyer and terminer and gaol delivery, to order the payment of the costs and expenses of such prosecutions in manner directed by 7 Geo. 4, c. 64.

(c) By the act 4 & 5 Wm. 4, c. 36, establishing the central criminal court, s. 1, the lord mayor of London, the lord chancellor, the judges, the aldermen, recorder, and common serjeant of London, and such others as his majesty may appoint, were constituted judges of a court, to be called "the Central Criminal Court." By s. 2, her majesty may issue a commission of oyer and terminer and gaol delivery for London and Middlesex, and certain parts of Essex, Kent, and Surrey. By s. 3, the new district within the limits of the jurisdiction hereby established is to be considered one county, and the venue to be "Central Criminal Court to wit;" and all offences and material facts must be laid to have been committed, or averred to have taken place, within the jurisdiction of the said court. By s. 4, power is given to summon juries from London, or from the counties, or from both indiscriminately, to try all offences cognizable by the act. By ss. 5, 6, 7, 8, 9, 10, and 11, her majesty, by order in council, may appoint the places of confinement for prisoners. The Penitentiary at Milbank to be one of the prisons under the act; and persons sentenced to imprisonment beyond the limits of this act may be removed to the Penitentiary at Milbank. Regulations in all Penitentiary acts are to apply to prisoners confined there by authority of this act. Persons convicted may be imprisoned either in the county gaol or in Newgate. Sheriffs of London may execute judgments. Justices and coroners in Essex and Kent are to commit offenders to Newgate; and justices and coroners in Surrey are to commit offenders to Horsemonger-lane, and certify examinations to the court, and to specify that persons are committed under this act, and to take examinations, &c. as required under 7 Geo. 4, c. 64. Power is given to remove prisoners from the county gaol of Surrey to Newgate. By s. 12, power is given to order payment of expenses to prosecutors and witnesses. Treasurer of the county, or his agent, is to attend the court to pay orders. By s. 13, no bill of indictment is to be presented to the grand jury unless the prosecutor has been bound by recognizances. By s. 14, the court of the lord mayor and aldermen of London may contract with the justices of Essex, Kent, and Surrey, for the support of their prisoners in Newgate; and if they cannot agree, the judges are to settle the amount. By s. 15, sessions are to be holden in London or the suburbs twelve times at least in every year. By s. 16, indictments found at the sessions of the peace may be removed before the justices of oyer and terminer and gaol delivery. By s. 17, justices of the peace acting in and for the cities of London and Westminster, the liberty of the Tower of London, the borough of Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, shall not at their respective general or quarter sessions of the peace, or any adjournment thereof, try any person or persons charged with any capital offence, or with any of the following offences, committed, or alleged to be committed, within the limits of this act, viz., housebreaking, stealing above the value of 51. in a dwelling-house, horse stealing, sheep stealing, cattle stealing, maliciously wounding cattle, bigamy, forgery, perjury, conspiracy, assault, with intent to commit any felony, administering, or attempting to administer poison with intent to kill, or to do some grievous bodily harm, administering drugs or other things, or doing any thing with

22, 32.

the peace of any county wherein the assizes are held, are 4 Inst. 162, bound by law to attend them, or else are liable to a fine, in 168. order to return recognizances, &c., and to assist the judges in 2 Hal. P. C. such matters as lie within their knowledge and jurisdiction, and in which some of them have probably been concerned by way of previous examination. The commission of oyer and terminer gives authority to hear and determine all treasons, felonies, and misdemeanors. This is directed to the judges and several others, or any two of them; but the judges or serjeants at law only are of the quorum, so that the rest cannot act without the presence of one of them. The words of the commission are "to inquire, hear, and determine," so that by virtue of this commission they can only proceed upon an indictment found at the same assizes; for they must first inquire by means of the grand jury or inquest, before they are empowered to hear and determine by the help of the petit jury. Therefore they have besides, a commission of general gaol delivery, which empowers them to try and deliver every prisoner who shall be in the gaol when the judges arrive at the circuit town, whenever or before whomsoever indicted, or

intent to cause or procure abortion, manslaughter, destroying, or damaging ships or vessels, the breaking of shops, warehouses, counting-houses, and buildings within the curtilages of dwelling-houses, killing sheep with intent to steal the carcases, the uttering of all forged instruments, and the various offences enumerated in 1 Wm. 4, c. 66 (see ante, note (ƒ) to the last chapter), forging the assay marks on gold or silver plate, and all the offences relating to coin enumerated in 2 Wm. 4, c. 34 (see ante, p. 502), the abduction of women, bankrupts not surrendering under their commission, or concealing their effects, breaking down bridges and banks of rivers, taking rewards for helping to stolen goods, personating any officer, seaman, or other persons, in order to receive any wages, pay, allowance, or prize money due, or supposed to be due, or any out pensioner of Greenwich Hospital, in order to receive any out pension, allowance, due, or supposed to be due, sending threatening letters, and using threats to extort money, larceny on navigable rivers and canals, and stealing and destroying goods in progress of manufacture, and larcenies after a previous conviction, embezzlement, larceny by clerks and servants, and receivers of stolen goods, whether principals or accessaries. By s. 18, recognizances for prosecuting, giving evidence, &c., before sessions of the peace are obligatory on persons entering into the same, to prosecute, give evidence, &c. before justices of oyer and terminer and gaol delivery. Notice to be given to parties entering into recognizances of change of court. By s. 19, justices of peace may deliver over indictments found at sessions to the justices of oyer and terminer and gaol delivery. By s. 20, the justices and judges of oyer and terminer are to settle fees of the court, and direct how they are to be paid. By s. 21, sessions of the peace for cities of London and Westminster, the liberty of the Tower of London, the borough of Southwark, and said counties of Middlesex, Essex, Kent, and Surrey, are not to be affected by the sessions holden in pursuance of this act. Sect. 22, authorizes the court to try offences committed at sea; and by s. 23, the rights and privileges of London are reserved and protected.

The court of quarter ses

sions.

4 Mod. 379. Salk. 406. Lord Raym. 1144.

for whatever crime committed. Sometimes upon urgent occasions, there issues a special or extraordinary commission of oyer and terminer, and gaol delivery, confined to those offences which stand in need of immediate inquiry and punishment, upon which the course of proceeding is much the same as upon general and ordinary commissions.

The court of general quarter sessions of the peace is a court that must be held in every county once in every quarter of a year (d). It is held before two or more justices of the peace, one of whom must be of the quorum. The jurisdiction of this court by 34 Edw. 3, c. 1, extends to the trying and determining all felonies and trespasses whatsoever, though they seldom try any greater offence than small felonies, which were within the benefit of clergy before its abolition by the act 7 & 8 Geo. 4, c. 28, s. 6; their commission providing that if any case of difficulty arises they shall not proceed to judgment, but in the presence of one of the justices of the courts of queen's bench or common pleas, or one of the judges of assize. And, therefore, murders and other capital felonies are usually remitted for a more solemn trial to the assizes. They cannot try any new created offence without express power given them by the statute which creates it. But there are many offences and particular matters, which by particular statutes belong properly to this jurisdiction, and ought to be prosecuted in this court, as the smaller misdemeanors against the public or commonwealth, not amounting to felony; and especially offences relating to the game, highways, alehouses, bastard children, the settlement and provision for the poor, vagrants, servants' wages, and apprentices. Some of these are proceeded upon by indictment, and others in a summary way, by motion and order thereupon; which order may for the most part, unless guarded against by particular statutes, be removed into the queen's bench by certiorari, and be there either quashed or confirmed. The records or rolls of the sessions are committed to the custody of a special officer, 37 Hen. 8, c.1. denominated the custos rotulorum, who is always a justice of the quorum, and to him the nomination of the clerk of the peace belongs.

See Lambard Eirenarcha and Burns' Justice.

1 Wm. & M. st. 1, c. 21.

(d) By 11 Geo. 4, & 1 Wm. 4, c. 70, s. 35, that in and from 1831, the justices of the peace in every county, riding, or division, for which quarter sessions of the peace by law ought to be held, shall hold their general quarter sessions of the peace in the first week after 11th October, 28th December, 31st March, and 24th June; and that all acts, matters, and things done and transacted at the times appointed by this act for holding such sessions, shall be as valid and binding as if the same had been done and transacted at the times limited by law before the act.

sessions.

In most corporation towns there are quarter sessions kept Borough before justices of their own, which within their respective limits, have exactly the same authority as the general quarter sessions of the county (e). In both corporations and Petty sessions. counties at large, there is sometimes kept a special or petty session by a few justices, for despatching smaller business in the neighbourhood between the times of the general sessions; as for licensing alehouses, passing the accounts of the parish officers, and the like (ƒ).

(e) By 5 & 6 Wm. 4, c. 76, s. 105, the recorder of every borough in which a separate court of quarter sessions is held, is once in every quarter to hold such a court of quarter sessions of the peace, of which he is to sit as sole judge. And such court is constituted a court of record, with cognizance of all crimes, offences, and matters whatsoever, cognizable by any court of quarter sessions of the peace for counties in England. But such recorder is not to make or levy a county rate. By s. 107, capital jurisdictions, chartered rights to nominate justices of the peace therein, and all other criminal jurisdictions in boroughs, other than are specified in this act are abolished. By s. 111, the county justices are to have jurisdiction in all boroughs which have not a separate court of quarter sessions of the peace under this act. By s. 121, every burgess is qualified to be a juror, unless exempted by 6 Geo. 4, c. 50; but s. 122, members of the council are exempted; all chartered exemptions are abolished. By s. 127, the time for prosecution of offences punishable under the act upon summary conviction, is limited to three months from the commission of the offence. By ss. 112 & 113, corporate boroughs are not liable to be assessed to the county rate, except as to felonies and misdemeanors committed therein. But by 7 Wm. 4, and 1 Vict. c. 78, such jurors may be summoned twice in a year. By s. 141, the queen is empowered to grant charters of incorporation to any town or borough in England or Wales, and to extend to the inhabitants the powers and provisions of this act.

(f) See the act 3 Geo. 4, c. 23, to facilitate summary proceedings before justices of the peace and others, post, p. 576. By 7 Geo. 4, c. 64, persons charged with felony may be admitted to bail in certain cases; and provisions are made for taking examinations, bailments, and recognizances, and returning them to the proper tribunals. And by 5 & 6 Wm. 4, c. 33, persons charged with felony, in all cases may be admitted to bail by two justices according to the provisions of 7 Geo. 4, c. 64, and that although they may have confessed the charge. See these acts, post, p. 584, note. By 6 & 7 Wm. 4, c. 114 (the prisoner's counsel act) in all cases of summary conviction persons accused may make their full answer and defence, and have all witnesses examined and cross-examined by counsel or attorney, and copies of depositions are to be allowed to prisoners. See this act, post, p. 577, note. By 5 & 6 Wm. 4, c. 76, s. 111, county justices have jurisdiction in all boroughs which have not a separate court of quarter sessions. By 43 Eliz. c. 2, s. 1, two justices in the county are to nominate four, three, or two substantial housekeepers, to be together with the churchwardens overseers of the poor. But in boroughs having a separate court of quarter sessions, the appointment is made by the mayor or justices appointed under 5 & 6 Wm. 4, c. 76. By 54 Geo. 3, c. 91, the appointment of overseers is to be annually on 25th March, or within fourteen days after. By 17 Geo. 2, c. 38, s. 3, justices may appoint overseers in lieu of those who die, remove from the parish, or become insolvent during their year of office. By 5 & 6 Wm. 4, c. 76, s. 98, the queen may appoint justices of

The court leet. 4 Inst. 261.

2 Hawk. P. C.

72.

The coroner's court.

The court of the clerk of the market.

The court leet, or view of frankpledge, is a court of record, being the queen's court, granted by charter to the lords of hundreds or manors. Besides the view of frankpledges, that is, the freemen within the liberty, who according to the institution of Alfred were all mutually pledges for the good behaviour of each other, it is also intended for the preservation of the peace and the chastisement of minute offences against the public good. It is to present by jury all crimes happening within its jurisdiction, and to punish all trivial misdemeanors.

The coroner and his office have been before treated of (g). The court of the coroner is a court of record to inquire when any one dies in prison, or comes to a violent or sudden death, by what manner he came to his end, and this he is entitled to do super visum corporis.

The court of the clerk of the market is incident to every fair and market in the kingdom, to punish misdemeanors therein, as a court of pie poudre is to determine all disputes relative to private or civil property.

peace for the boroughs in schedule A. of the act, who by s. 101, need not be qualified by estate, and whose summons and warrant may be executed within any county in which such borough is situate, or within seven miles of the borough; but no such justice can act at any court of gaol delivery, or general, or quarter sessions, or in making or levying any county rate. By 6 & 7 Wm. 4, c. 96, s. 6, justices in petty sessions are to hold four special sessions in the year, to hear and determine appeals against poor-rates, of the several parishes within their respective divisions, giving twenty-eight days public notice thereof in writing, affixed to the door of the parish church, but their jurisdiction is confined to objections on the ground of inequality, unfairness, or incorrectness in the valuation of the hereditaments included therein. Seven days' notice of objection to the rate must be given to the overseer, collectors, or persons by whom it was made. The decision of the justices is binding and conclusive on all parties, unless notice of appeal be given within fourteen days. Justices have all the powers of amending or quashing such rate so objected to, as justices in quarter sessions, and of awarding costs. No order of the justices shall be removed by certiorari. The right to appeal against a rate to any court of general or quarter sessions still remains; and no order of the justices in special session is of any force pending such appeal, or in opposition to the order of any such court upon such appeal.

(g) See ante, p. 56. The information and depositions of witnesses upon oath before magistrates and coroners, in felonies and misdemeanors, (and which the magistrates and coroners are directed to put into writing, and subscribe and deliver to the officer of the court where the trial is to be, 7 Geo. 4, c. 64, ss. 2, 3, 4 & 5, see post, p. 584), upon being produced at the trial, and proved to have been duly taken, may be given in evidence against the prisoner, if the person who made the depositions, &c., be dead, or it appear satisfactorily to the court that he is kept out of the way by the means or procurement of the defendant; but not if it merely appear that the witness is absent, and that the prosecutor has endeavoured to find him.—Archbold's Crim. Pleading and Evid. by Jervis, 7th ed. p. 125, and the authorities there mentioned.