CHAPTER IX,

THE ASSIZES.

ENGLAND and Wales (except London, Middlesex, and Surrey) are divided into certain divisions, which are called circuits. Certain of the judges (a) acting under commissions (b) from the Crown, go these circuits twice a year for the purpose of administering civil and criminal justice. Serjeants-at-law and Queen's counsel may be included in these commissions and act as judges on circuit. (See J. A. 1873, s. 37.)

By the Judicature Act, 1873, s. 29, Her Majesty, by commission of assize or other commission, either general or special, may assign to any judge or judges of the High Court of Justice, or other person usually named in commissions of assize, the duty of trying and determining within any place or district specially fixed for that purpose by such commission the exercise of any civil or criminal jurisdiction capable of being exercised by the said High Court. Any commissioner so appointed when engaged in the exercise of any jurisdiction assigned to him, is deemed to constitute a court of the High Court of Justice.

Her Majesty, by order in council (made by virtue of the Judicature Act, 1875, s. 23), dated the 5th February, 1876, ordered that the then existing circuits should be discontinued, and others were constituted. The names of these circuits and the counties included therein, and the places where the assizes are held, will be found in the Appendix. The county of Surrey is not included in any circuit,

(a) As to the judges and other persons to be included in these commissions, see Judicature Act, 1873, s. 37; 13 & 14 Vict. c. 25.

(b) In the Judicature Acts these commissions are referred to as commissions of assize, oyer and terminer, and gaol delivery. (J. A. 1873, ss. 16, 37, 39.) By the J. A. 1873, s. 16, subject as in the Act mentioned, there is transferred to and vested in the High Court of Justice the jurisdiction which at the commencement of this Act was vested in or capable of being exercised by "the courts erected by commissions t assize, of oyer and terminer, and of gaol delivery, or of any such commissions. As to the commissions under which the assizes for the trial of civil and criminal cases were held before the J. Acts, see Burns' Justice, tit. "Assizes."

CHAP. IX.

PART III, though for certain purposes it is deemed to be one.

(J. A. 1875, s. 23.) Commissions are to be issued not less than twice in every year for the discharge of civil and criminal business therein. (Order 5, Feb., 1876.)

There are two circuits in each year for the trial of civil and criminal cases. One usually begins in January, and the other at the end of June or beginning of July. Each circuit lasts about six weeks. The judges who have to go circuit select their circuits by an arrangement among themselves. The commission day for each place is fixed before the commencement of the circuit, and can be easily ascertained.

Besides these circuits there are assizes, known as the Winter and Spring assizes, at which, in general, only criminal cases are tried (a). The Winter assizes are held in the months of September, October, November, December, or January (40 & 41 Vict, c. 46), and the Spring assizes in March, April, or May. By the Winter Assizes Act, 1876, counties may be united, by order in council, for the purpose of the Winter assizes, and one place may be named for the holding thereof; and by the Spring Assizes Act, 1879, counties may also be so united for the purpose of such assizes. Sect. 3 of the latter Act contains a provision as to the mode of carrying out a sentence of death.

Special commissions are issued upon urgent occasions for the trial of offences standing in need of immediate inquiry and punishment. (1 Chit. Cr. Law, 148.)

Where there are various commissions under which the judges of assize act which have more or less extensive operation, they must be considered in the trial of a case to act under such of the commissions as gave them jurisdiction to try such case. (2 Hale, 34; 2 Hawk. c. 5, s. 21.) The effect of these commissions, upon the judges opening them in a county, has not the effect of superseding a commission of the peace in that county, so that a court of quarter sessions, borough or county, may sit with perfect validity at the same time that the judges of assize are sitting in the same county, notwithstanding the possibility of a clash of authorities, in carrying out the commission of gaol delivery and the local commission of the peace. (Smith v. Reg., 13 Q. B. 738; 18 L. J. M. C. 207., It is,

(a) See R. v. Stafford, 14 Cox C. C. 353, where it was held, upon the construction of an order in council, a prisoner out on bail at the commencement of the assizes could not be tried at the assizes.

however, generally speaking, inconvenient and improper for CHAP. IX the magistrates of a county or place to hold their sessions at the same time that the assizes are being held for such county or place.

The 3 Geo. 4, c. 10, s. 1, enacts "that whenever it shall so happen that commissions of assize shall not be opened and read in the presence of one of the quorum commissioners at any place specified for holding the assizes on the very day appointed for such purpose, it shall and may be lawful to open and read the same in the presence of one of the quorum commissioners therein named on the following day, or if such following day shall be on a Sunday, or on any other day of public rest, then on the succeeding day; and such opening and reading thereof shall be as effectual to all intents and purposes as if the same had been opened and read in the presence of one of the quorum commissioners on the very day appointed for that purpose, and shall be deemed and taken to be an opening and reading thereof on the day for that purpose appointed; and all records and other proceedings under or relating to any commission which may be opened and read by virtue of this Act shall and may be drawn up, entered, and made out under the same date and in the same form in all respects as if such commission had been opened and read on the day originally appointed for that purpose" but the commissions are to be opened and read on the days appointed for that purpose, unless the same shall be prevented by the pressure of business elsewhere, or by some unforeseen cause or accident. By sect. 2 the cause of the delay of opening and reading the commission has to be certified to the Lord Chancellor.

The assizes are described in the record as of one day, and the entry in it refers all the proceedings to the commission day of the assizes; but for the purposes of doing substantial justice in a collateral proceeding, it may be shown that such legal day consisted of several natural days, or even of a fraction of a day, and that a conviction took place, or a fact occurred, on the day or at the time of day on which in truth it so occurred. (Whitaker v. Wisbey, 12 C. B. 44; 21 L. J. C. P. 116.)

The court of assize is a superior court, having authority to issue a general warrant of commitment for contempt. (Ex p. Fernandez, 30 L. J. C. P. 321; see ante, p. 33, Chapter 36.)

PART III.

CHAPTER X.

THE QUARTER SESSIONS.

Definition

of.

When held.

GENERAL quarter sessions of the peace are that species of general sessions which is held under authority of the commission of the peace, by two or more justices (one being of the quorum) at some place within the county fixed by their precept, once in every quarter of the year, as directed by various statutes. The court of quarter sessions is a court of oyer and terminer, and a court of record. (R. v. Smith, 8 B. & C. 343.) Except in London and Middlesex, where the sessions are held oftener, the quarter sessions are held four times in every year, and generally oftener, by adjournment (a). By 11 Geo. 4 and 1 Will. 4, c. 70, s. 35, the justices of the peace in every county (b), riding, or division for which quarter sessions of the peace by law ought to be held, must hold the same in the first week after the 11th day of October; in the first week after the 28th day of December; in the first week after the 31st day of March (c); and in the first week after the 24th day of June. It seems that if any of the above days fall on a Sunday, the sessions should be held in the ensuing week, and not the same week.

(a) Sessions are sometimes held by adjournment in different parts of the county: R. v. Sussex, 7 T. R. 108.

(b) See 7 & 8 Vict. c. 71, as to the time for holding sessions in Middlesex: in this county two sessions or adjourned sessions are held in every calendar month.

(c) As to altering this

time so as not to interfere with the assizes, see 4 & 5 Will. 4, c. 47. The time may be altered so as such time shall not be earlier than the 7th day of March, nor later than the 22nd day of April.

The Court of Quarter Sessions has in general jurisdiction CHAP. X. to try indictable offences, except as presently mentioned.

By 5 & 6 Vict. c. 38, neither the justices of the peace Jurisdic acting in and for any county, &c., nor the recorder of any tion of. borough, shall, at any session of the peace, try any person or persons for any treason, murder, or capital felony, or for any felony which, when committed by a person not previously convicted of felony, is punishable with penal servitude for life, or for any of the following offences (that is to say) :— 1. Misprision of treason:

2. Offences against the Queen's title, prerogative, person, or government, or against either House of Parliament: 3. Offences subject to the penalties of præmunire:

4. Blasphemy, and offences against religion :

5. Administering or taking unlawful oaths:

6. Perjury and subornation of perjury:

7. Making or suborning any other person to make a false oath, affirmation, or declaration, punishable as perjury or as a misdemeanor:

8. Forgery:

9. Unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern:

10. Bigamy, and offences against the laws relating to marriage :

11. Abduction of women and girls :

12. Endeavouring to conceal the birth of a child :

13. [Offences against any provision of the laws relating to bankrupts and insolvents] (d):

14. Composing, printing, or publishing blasphemous, seditious, or defamatory libels:

15. Bribery:

16. Unlawful combinations and conspiracies, except conspiracies or combinations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by one person:

17. Stealing or fraudulently taking, or injuring or destroying records or documents belonging to any court of law or equity, or relating to any proceeding therein:

18. Stealing or fraudulently destroying or concealing will or testamentary papers, or any document or written instrument being or containing evidence of the title to any real

(d) By 37 & 38 Vict. c. 96, the part within brackets, is repealed; and see 32 & 33 Vict. c. 62, s. 20.