PART III. AN EPITOME OF OTHER PROCEEDINGS BEFORE JUSTICES OUT OF SESSIONS. In this portion of the work it is intended merely to give a succinct view of the various matters which usually come before justices of the peace in special and petty sessions (a), or which may be done by one justice, with the statutes and sections of statutes relating to them, with a few forms, to serve as a ready reference; for that purpose it will be convenient to divide the subject into two chapters, viz.: CHAP. I. As to Matters to be done in Special Sessions, p. 368. II. As to Matters to be done in Petty Sessions or by One Justice, p. 379. (a) In the last session (1848), there was a fourth bill brought in with those relating to indictable offences, summary convictions and protection of justices, for regulating the "courts of special and petty sessions," but it was withdrawn in committee for some reason or another not made known. CHAPTER I. AS TO MATTERS TO BE DONE IN SPECIAL SESSIONS (b). Preliminary observations. Mode of convening. A SPECIAL sessions is a meeting of the justices of a division of a county or riding, called for a particular purpose, by virtue of a provision in that behalf in some act of parliament (2 Arch. J. P. 469); the limits of the division for special sessions are generally the same as that for petty sessions (see post, Chap. 2). It must here be observed, that none of the provisions of the 11 & 12 Vict. c. 43, (ante, p. 1,) can be made available in these matters, either as to the processes to be issued, the jurisdiction of justices of two or more adjoining counties, &c. to act in one of them for the other, or as to the costs on complaints; consequently, the provisions of the act relating to each particular case must be complied with (see Arch. Ed. Note to s. 6, p. 108). The general mode of convening a special sessions, or a special petty sessions (as it is sometimes termed by statute), is by a precept under the hands of two justices directed to the high constable of the hundred, who issues his warrant to the petty constables of the several parishes, commanding them to do the act or acts required of them; in particular cases the act provides for the manner of convening it, and where notice of a special sessions is required to be given to a justice, instead of personal service by the high constable, s. 7 of the 7 & 8 Vict. c. 33 authorizes one justice of the division to sign the notice to each of the other divisional justices, and a copy thereof sent by post (c) at his residence, a reasonable time before the sessions, will be sufficient. The form may be: Division of N. in the county of C. such case made I the undersigned, one of her Majesty's justices of the peace in and for the said county, usually acting in and for the said division, do hereby, in pursuance of the statute in and provided, give you notice that a special petty sessions [or (b) The whole proceedings at special sessions should be entered and kept in a separate book, called “The Special Sessions Book ;" such as the granting of alehouse licences, constables appointed, overseers, surveyors of highways, &c. &c. (c) The best proof of service would be by sending as a registered letter, and the signature to the receipt proved. as the act in question may term it] of her Majesty's justices of the peace in day of and usually acting for the said division. J. S. Proof of the special sessions having been legally convened should be given before entering upon the business of it. Application for Licence.] signed by applicant, and one (s. 10): ALEHOUSES. On door of house intended to be licensed, And on church or chapel door, Three Sundays between the hours of 10 a m. and 4 p.m., On one of the overseers and one of the constables. Form of notice given by the act; to be 9 Geo. 4, c. 61. copy to be served and affixed as follows Annual Licensing Day.] In counties, towns, &c. between 20th August, and 14th September; in Middlesex and Surrey within the first ten days of March (s. 1); may be adjourned, but adjourned meeting not to be held within five days next after, but in March in Middlesex and Surrey, and in August or September in every other county (s. 3), to be appointed at a petty sessions held twenty-one days at least before. Justices at such petty sessions to issue precepts to high constables, requiring them within five days to order petty constables to affix notice thereof on door of church or chapel, or, if none, on some other public and and give like notice to justices acting for the division, every innkeeper, or person who has given notice of his intention to apply for a Justices disqualified from attending or acting.] Being a brewer, distiller, maltster, &c.; or the owner of or agent for the owner of the house, or in certain cases allied by blood or marriage to or in partnership with the owner (s. 6). Who to act.] Whenever at any meeting for any liberty, city or borough there shall not be present two justices who are not disqualified, the justices for the adjoining county may act with such justices as are not disqualified (s. 7). A special provision as to the Cinque Ports (s. 8). Majority to decide all questions (s. 9). The applicant to apply personally BB 5 & 6 Vict. c. 44. unless prevented by sickness, infirmity, or other reasonable cause (s. 12). If new licence, proof of notices being affixed and served should be first given. The form of licence given by the act (s. 13). By 11 & 12 Vict. c. 49 (ante, tit." Alehouses,” p. 82, Offences 20-22), the hours of keeping open alehouses on Sundays, &c. are altered from those mentioned in this licence; but as there is no clause incorporating the 11 & 12 Vict. c. 49 with the 9 Geo. 4, c. 61, and the offences under the former not being offences against the licence, it would not be prudent to alter the statutory form of licence, and a note similar to the following might be placed at the foot of the licence: Note. "By the 11 & 12 Vict. c. 49, s. 1 (passed on the 14th August, 1848), you are not to open your house, or sell any fermented or distilled liquors (or any other articles, s. 3) on Sundays, Christmas Day or Good Friday, or any day appointed for a public fast or thanksgiving (except as refreshment for travellers), before half-past twelve o'clock in the afternoon, or before the termination of the morning divine service, if not terminated by that time." Transfer Days.] At the annual licensing meeting, justices to appoint not less than four nor more than eight special sessions for the year ensuing for transferring licences (s. 4). A notice of these special sessions must be given in the same manner and served on the same parties as for the general annual licensing meeting. Form of notice of intention to transfer given by the act, which must be signed by the holder of the licence and served five days at least before special sessions on one of the overseers and one of the constables (s. 11). Temporary Authority to sell.] At any petty sessions majority of justices present may, by indorsement on original licence, grant to the person to whom it is proposed to be transferred authority to sell under it till the next special sessions (s. 1). If licence proved to be lost, the indorsement may be made on a certified copy (s. 2). Fee for each of such copy and indorsement 2s. 6d. (s. 3). The indorsement may be in the following form: at At a petty session of her Majesty's justices of the peace in and for the day of in the said county, on, the to wit. Division of N., Whereas no special session for the transfer of licences in the county of C.,of inns, alehouses and victualling-houses in the said diviSsion is now holding therein: And whereas application is now made at this petty session by C. D. now dwelling at A., in the parish of D. in the said division and keeping the inn, alehouse, or victualling-house, situate in the said division and mentioned in the within licence granted pursuant to the provisions of the statute in that case made and provided at a special session [or "the general licensing meeting."] in the within licence mentioned, to transfer the within licence to A. B. of the parish of M., in the county of aforesaid: We, therefore, the undersigned, being the majority of the justices present at this petty session, by this indorsement under our hands and seals on the within licence so granted as aforesaid, by virtue of the power vested in us by the statute in such case made and provided, after examining upon oath all necessary parties, do authorize the said A. B. being a person not disqualified by the statute in such case made and provided, and to whom it is proposed by such appli |