hour of day of before us, or some other justices assigned to keep the peace in the said county, and Given under our hands and seals at day of in the A. B. C. D. This should bear teste fifteen days before the return, and should be delivered forthwith to the sheriff, that he may have enough time to proclaim the sessions and to send his warrants to the bailiffs, &c. When the sheriff shall have received this precept, it becomes his duty to direct several warrants to the bailiffs of liberties and hundreds, containing the substance of it in the following form: County of Sheriff's Warrant thereupon. P. Q. Esquire, sheriff of the county aforesaid, to G. H., bailiff of the hundred of in the said county, greeting: By virtue of a precept under the hands and seals of A. B. and C. D. Esquires, two of her Majesty's justices appointed to keep the peace in the said county; and also to hear and determine divers felonies, trespasses, and other misdemeanours, committed in my said county, one of them being of the quorum, to me directed. These are in her Majesty's name to will and require you, that you forthwith make known by open proclamation, in every market-town, and all other places convenient within the hundred of aforesaid, that the next general quarter session of the peace, of, and for, the county aforesaid is to be holden and kept at town of in the now in the county aforesaid, on Wednesday, the day of next ensuing, at the hour of nine of the clock in the forenoon of the same day; and that you give notice to all justices of the peace, coroners, keepers of gaols and houses of correction, and high constables of the said hundred, that they be then and there withstanding.—In Berkshire, Reading, Windsor, and Abingdon are instances of this rule. (e) In practice, forty-eight, seventytwo, or more are returned to provide for challenges, 2 Hale, 263. By the Jury Act, 6 G. IV. c. 50, s. 13, every precept for the return of jurors to sessions "shall direct the sheriff to return a competent number of good and lawful men of the body of his county, qualified according to law;" and see sect. 20, post. present, to do and perform that which to their several offices doth appertain: and that all those who ought to prosecute any prisoner or prisoners in the gaol of the said county, or who are bound over then to appear and answer, be then and there present, to prosecute against them according to law: And also that you summon and warn the persons whose names are underwritten, that they be then and there present to serve on the grand jury, and to inquire on her Majesty's behalf, for the body of the county aforesaid, for all such matters and things as shall be then and there given them in charge: and also that you summon and warn the persons underwritten, being qualified in that hundred, that they be then and there present to serve on the petty jury for her Majesty's service: and that yourself be then and there present to make return thereof. And herein neither you nor them may fail, at your and their perils. Given under the seal of my office the day ofyear of the reign of our Sovereign Lady, Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, &c., and in the year of our Lord Then the sheriff makes his return thus: in the Sheriff's Return of Process to the Sessions. The execution of this precept appears in certain panels hereto annexed: I further certify that I have given notice to all coroners, keepers of gaols and houses of correction, high constables and bailiffs of liberties within my county, to be and appear at the time and place within mentioned, to do and perform, &c., and have caused to be proclaimed through my county in proper places the sessions within mentioned. The answer of Then on a piece of parchment are written the names of the jurors, thus: Also the names of the justices of peace, coroners, keepers of gaols and houses of correction, high constables, &c. Style of the General Quarter Sessions.]-The style is thus: Berkshire. }the The general quarter sessions of the peace of our Sovereign Lady the Queen, holden in and for the said county of Berks, at in the said county (i) on —— day, the day of in the town of in the year of the reign of our Sovereign Lady, Victoria, of the United Kingdom of Great Britain and Ireland Queen, defender of the faith, and so forthbefore Esquires (naming at least two of them) (j), and others their fellows (or associates) justices of our Sovereign Lady the Queen, assigned to and (f) See Chap. II. s. 8, and R. v. Marsh, 6 Ad.& E. 241; 1 Nev. & Per. 187. (g) Not less than twelve, nor more than twenty-three names. See post. (h) With, at least, twenty-two, gene rally forty-six, or even seventy, other names. (i) Necessary; Ludlow's case, Cro. El. 738. (j) R. v. Almanbury, Stra. 96; 2 keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county committed, and of the quorum, and so forth. Caption.]—The proper caption is formed by prefixing— "Be it remembered that at," to the above form, and adding at the end of it— "By the oath of (naming at least twelve grand jurors who found the bill) (k) good and lawful men of the county aforesaid, sworn and charged to inquire for our said Lady the Queen, and for the body of the county aforesaid, it is presented that" (stating the indictment). The style of an adjourned session should not run, "At a session held by adjournment on " such a day; for as another original session might have intervened, the indictment, order, &c., taken at the adjourned session would be quashed, or judgment arrested (1); but after stating the day of meeting of the original sessions, and the meeting as above, it should go on to allege that it was continued by them (m) from thence to such further day by adjournment, and that it was then holden accordingly by such adjournment (n). The caption is no part of the indictment itself, and is only a copy of the style of the court at which the indictment was found, the time and place where, and the jurors by whom it was found: particulars which it must set forth with sufficient certainty. It is however a necessary part of the record, and forms the preamble of it when made up in form as a return into the court of queen's bench on certiorari (o), or to be produced at nisi prius to satisfy an averment that a "bill of indictment was preferred at the quarter sessions against A. B. which was then and there found a true bill "(p). There is but one original general caption If Hale's P. C. 116; 1 Chit. Cr. L. 1 ed. (k) Hale's P. C. 167; as to this, see appendix to 4 Bla. C. 1; cited 6 Ad. & E. 240, 249, R. v. Marsh. (1) R. v. Fisher, Stra. 865; St. Michael Coslany, Norwich, v. St. Matthew's, Ipswich, Stra. 832. See, however, R. v. Chichester, 3 T. R. 496. (m) As to variance, see R. v. Bellamy, Ry. & M. C. N. P. 170, post. (n) R. v. Harrowby, Burr. S. C. 102; R. v. Heptonstall, id. 88; R. v. Walker, 2 Sess. Ca. 21. Post, Chap. XII. s. 4. (0) 2 Hale, 165. And if erroneous, the indictment will be quashed in Q. B. R. v. Roysted, 1 Lord Ken. 255; R. v. Fearnley, 1 Leach, C. C. 425; R. v. Goff, id. 179. (p) See 1 Chit. Cr. L. 336, 1 ed.; R. v. Smith and others, 8 B. & C. 341; Edwards v. Williams, 2 Esp. N. P. Dig. 37; Roscoe's Evidence at Nisi Prius, 4 ed. 382; R. v. Ward, 6 C. & P. 366; R. v. Bellamy, R. & M. N. P. C. 171. The indictment itself indorsed "true bill," is not evidence to prove the finding a true bill; Porter v. Cooper, 6 C. & P. 354, per Patteson, J. approved, R. v. Yeoveley, 8 Ad. & E. 806; R. v. St. Albans, id. 933; nor will minute books of the sessions suffice to prove the finding of an indictment, though the for the whole sessions, and from this each particular record is made up (q). If the caption be wrong (e. g. in not showing that the indictment was found by persons competent to do so), error in law may be assigned if no fault appears on the caption, there may yet be ground for assigning error in fact (e. g. that the number of grand jurors exceeded twenty-three); that is, if the record be not contradicted (r): or, if it should happen that there is reason for arresting the judgment, the course by motion is open; but after a defendant had pleaded to an indictment, removed it by certiorari, and been convicted, the court would not quash it on the ground that the grand jury before which it was taken, exceeded twenty-three in number; an objection which did not appear on the caption (s). Jurisdiction.]-The jurisdiction of the court of general quarter sessions may in this place be summed up as including, under 34 Ed. III. c. 1, the trying and determining all felonies and trespasses whatever, except new offences created by statute, for which another mode of trial is directed, and forgery, perjury, and usury, which, though without much reason for the exception, have not been considered trespasses (t). Many other matters have been also rendered cognizable by quarter sessions as a court of appeal, pursuant to various statutes. The principal of them relate to friendly societies, appointing inspectors of weights and measures, district surveyors of highways, the licensing and conduct of publicans, the settlement and maintenance of the poor, the record be afterwards made up from them see the above cases, and Cooke v. Maxwell, 2 Stark. C. N. P. 183; R. v. Marsh, Ad. & E. 248. (9) Per Williams and Coleridge (Js.), 6 Ad. & E. 249. Carlisle, 2 B. & Adol. 362; (r) R. v. 5 B. & Adol. 1116. (s) R. v. Marsh, 6 Ad. & E. 243. In this case it appeared by affidavit, that more than twenty-three grand jurors (viz. twenty-eight) had been sworn at a general session for Dover, and an indictment was found by them; the defendant having pleaded to it, traversed and removed it by certiorari, and was convicted. The caption of the indictment was drawn up by the clerk of the peace from the minutes of sessions, and returned with it to the crown office. caption stated the presentment to be made by "the oaths of A. B., C. D., &c. (naming twelve grand jurors) and others, This good and lawful men," &c. A rule was obtained (with a view to a writ of error), calling on the clerk of the peace to show cause why the caption should not be amended by inserting the true names and number of the grand jury sworn. The clerk of the peace did not deny that more than twenty-three were sworn, but stated he had no minute or recollection of the names or number. Held that the caption was not incorrect in omitting to state the number and all the names of the grand jury, twelve having been named; and that as there was no minute to amend by, the caption could not be altered. Defendant received judgment. [N. B. It seems best to name in the caption each of the twelve jurors who find the bill, but semb. not absolutely necessary, S. C.] (f) As to this, see R. v. Cock, 4 M, & S. 71, and other cases, post. accounts of overseers and surveyors of highways, bastardy, vagrancy &c. &c. (See post, Chap. XV.) Convictions and orders of magistrates are also often made the subject of appeal to the quarter sessions; and of late years several statutes, e. g., the highway act and local acts relating to canals, &c., have empowered sheriffs to summon juries to be impanelled at the quarter sessions, for trial of various questions respecting stopping or diverting ways, compensation for damages by widening roads, taking water from mills, &c. &c. The sessions have still power to try minor offences against the game laws (u). Their jurisdiction is more particularly considered hereafter. (Chap. VI. s. 16.) Losing a Session.]-As without the appearance of at least two justices of the peace, one being of the quorum, at the day and place fixed, no quarter session can be holden, it is usually considered as lost for the quarter if two such justices do not appear (v); and though a general session might be subsequently held for general purposes, it is doubtful whether, though held in the same quarter, it would operate as a quarter session for disposing of such business as is expressly made cognizable by a court of quarter sessions, e. g., appeals against a poor rate (w). It is said that the court of quarter session, once dropped for want of sufficient justices, cannot be resumed (x) or adjourned (y); but this is an inconvenience unlikely to arise since the great increase in the numbers of magistrates. One thing is clear, that where one original session has been in part held in a quarter, a second held within the same quarter (unless by adjournment) is not also good as a quarter session (z). Duration and Adjournment of Sessions.]-The whole session, for whatever number of days it continues by regular adjournments (a), is, in point of law, considered only as one day; and as every proceeding has reference to the first day of the session (b), the justices may, be (u) 9 G. IV. c. 69, s. 1-5; post, tit. Game, in contradistinction to s. 9. (v) 5 Burn's J., tit. Sessions, s. 1. (w) See R. v. Polstead, Stra. 1263. "All that it was necessary to decide in R. v. Polstead, was, that the order of sessions was made without jurisdiction, as the quarter sessions were at an end for want of adjournment; and the court said the session [held subsequently in the same quarter] might be a good general, but was not a good quarter session. If such were the decision, we find no fault with it." Per Patteson, J., in delivering the opinion of several judges at the Old Bailey, in R. v. Mullaney, 6 C. & P. 100; see R. v. London (Justices), 15 East, 632. (x) R. v. Polstead, Stra. 1263; R. v. West Torrington, Burr. S. C. 293. (y) R. v. Westrington, 1 Bott, 631. (z) Ante, note (w). (a) See next page. (b) R. v. Surrey (Justices), 1 M. & S. |