[it (e). 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] and felonies; [and especially offences relating to the game, highways, ale houses, bastard children, the settlement and provision for the poor, servants' wages, and apprentices (f). Some of these are proceeded upon by indictment;] others by way of appeal from the orders or convictions of justices out of sessions (g); [and others in a summary way by motion and order thereupon;] which orders of the court of quarter sessions may for the most part, unless guarded against by particular statutes, be removed into the court of Queen's Bench [by writ of certiorari facias (h); and be there either quashed or confirmed (i).] But the removal of an indictment from the sessions, can (as we have seen) only take place under certain circumstances (j). [The records or rolls of the sessions, are committed to the custody of a special officer, denominated the custos rotulorum; who is always a justice of the quorum (k), and, "among them of the quorum," saith Lambard, "a man for the most part especially picked out either for wisdom, countenance or credit (7)." The nomination of the custos rotulorum is by the royal sign manual; and to him the nomination of the clerk of the peace belongs (m),] an officer who acts as clerk

s. 18. (Hawker v. Field, 1 L. M. & P. 606.)

(j) Vide sup. p. 387; et post, p. 470.

(k) As to the quorum, vide sup. vol. II. p. 666. (1) B. 4, c. 3.

(m) 37 Hen. 8, c. 1; 1 W. & M. st. 1, c. 21; Harding v. Pollock, 6 Bing. 25. As to the suspension or dismissal of the clerk of the peace, see 1 W. & M. st. 1, c. 21, s. 6. He is to take the custody of such

to the court of quarter sessions, and records all their proceedings.

As regards the county of Middlesex in particular,—it has lately been enacted, by 7 & 8 Vict. c. 71, (amended by 22 & 23 Vict. c. 4,) that there shall be holden for that county two sessions, or adjourned sessions, of the peace in every calendar month; and that the first sessions in January, April, July and October, respectively, shall be the general quarter sessions of the county (n); and that the second sessions in January, April, July and October, shall be adjournments of the general quarter sessions. It is also provided therein, that it shall be lawful for her majesty to appoint a person,-being a serjeant, or a barrister at law of not less than ten years' standing, and in the commission of the peace for the county, and qualified by law to act as justice of the peace,—to be the Assistant Judge of the said court of sessions of the peace; who shall preside at the hearing of all appeals, on the trials of all felonies and misdemeanors, and all matters connected therewith; and who shall hold his office during good behaviour (o).

documents as are directed to be de-
posited with him under the standing
orders of either house of parliament.
(7 Will. 4 & 1 Vict. c. 83; see R. v.
Payn, 6 A. & E. 392.) As to the remu-
neration of this officer, which used to
be by fees, but may now, at the dis-
cretion of the justices, be by salary,
see 14 & 15 Vict. c. 55, s. 9; and
see also 18 & 19 Vict. c. 126, s. 18.
As to conveyance of land, &c., to the
clerk of the peace or treasurer of the
county, see 21 & 22 Vict. c. 92. In
boroughs having a separate court of
quarter sessions, the clerk of the
peace to such court is appointed by
the council of the borough.
sup. vol. III. p. 159.)

(Vide

(n) It is enacted by 22 & 23 Vict.

c. 4, s. 4, that every general sessions for Middlesex, shall have the powers, &c., of a general quarter sessions of that county.

(0) In cases of sickness or unavoidable absence, or such occasion as shall be allowed by a secretary of state, the assistant judge may appoint from time to time a deputy. (7 & 8 Vict. c. 71, s. 8.) By 14 & 15 Vict. c. 55, s. 14, the qualification for such deputy is, that he shall be of ten years' standing at the bar; but he need not be in the commission of the peace, as was required under 7 & 8 Vict. c. 71. By 22 & 23 Vict. c. 4, provisions are also made for the appointment of a temporary assistant judge in case of need.

In many corporate towns or boroughs, there is also a court of quarter sessions of the peace; having, in general, the same authority in cases arising within the limits of the borough, as the county quarter sessions within the county (p). But of such court, the recorder of the borough is, by 5 & 6 Will. IV. c. 73, s. 105, to be the sole judge: and he is thereby directed to hold such court once in every quarter of a year; or at such other and more frequent times as in his discretion he may think fit, or her majesty may direct.

9. [The Sheriff's Tourn (q), or rotation, is a court of record,] appointed to be [held twice every year, within a month after Easter and Michaelmas, before the sheriff in different parts of the county: being indeed only the turn of the sheriff to keep a court leet, in each respective hundred (r). This therefore is the great court leet of the county, as the county court is the court baron: for out of this, for the ease of the sheriff, was taken,—

10. The Court Leet, or View of Frank Pledge (s); which is a court of record,] appointed to be [held once in the year and not oftener, within a particular hundred, lordship, or manor, before the steward of the leet (t): being the king's court granted by charter to the lords of those hundreds or manors. Its original intent was to view the frank pledges, that is, the freemen within the liberty: who, we may remember, according to the institution of the great Alfred, were all mutually pledges for the good behaviour of each other (u).

(p) 5 & 6 Will. 4, c. 76, ss. 103, 105, 118. As to recorders, and courts of quarter sessions of the peace for boroughs, vide sup. vol. III. p. 159. It is to be observed, that all the restrictions expressed by statute, with regard to the trial of certain offences at general or quarter sessions, mentioned sup. p. 398, in reference to the quarter sessions for

VOL. IV.

Besides this, the preserva

the county, equally apply to these borough sessions.

(q) 4 Inst. 259; 2 Hale, P. C. 69; Hawk. P. C. b. 2, c. 10.

(r) Mirr. c. 1, ss. 13, 16.

(s) 4 Inst. 261; Hawk. P. C. b. 2, c. 11.

(t) Mirr. c. 1, s. 10.

(u) Vide sup. vol. 1. p. 129.

D D

1

[tion of the peace, and the chastisement of divers minute
offences against the public good, are the objects both of
the court leet, and of the sheriff's tourn: which have
exactly the same jurisdiction, one being only a larger
species of the other: extending over more territory, but
not over more causes. All freeholders within the precinct
are obliged to attend them, and all persons commorant
therein: which commorancy consists in usually lying
there: a regulation which owes its original to the laws
of king Canute (z). But persons under twelve, and above
sixty years old; peers; clergymen; women; and the king's
tenants in antient demesne,-are excused from attend-
ance there all others being bound to appear upon the jury,
(if required,) and make their due presentments. It was
also antiently the custom to summon all the king's sub-
jects, as they respectively grew to years of discretion and
strength, to come to the court leet, and there take the oath
of allegiance to the king. The other general business of
the leet and tourn, was to present by jury all crimes what-
soever that happened within their jurisdiction: and not
only to present, but also to punish, all trivial misde-
meanors; as all trivial debts were recoverable in the court
baron and county court: justice, in these minuter matters
of both kinds, being brought home to the doors of every
man by our antient constitution. Thus in the Gothic con-
stitution, the hæreda, which answered to our court leet,
"de omnibus quidem cognoscit, non tamen de omnibus
judicat (a)." The objects of their jurisdiction, are there-
fore unavoidably very numerous; being such as in some
degree, either less or more, affect the public weal, or good
government of the district in which they arise; from com-
mon nuisances and other material offences against the
king's peace and public trade, down to eaves-dropping,
waifs, and irregularities in public commons. But both
the tourn and the leet have been for a long time in a de-

(z) Part 2, c. 19.

(a) Stiern, de Jure Goth. 1. 1, c. 2.

[clining way (b).] And they have both now fallen, in most parts of the kingdom, into total disuetude : [a circumstance owing, in part, to the discharge granted by the statute of Marlbridge, (32 Hen. III. c. 10,) to all prelates, peers, and clergymen, from their attendance upon these courts; which occasioned them to grow into disrepute. And hence it is, that their business hath, for the most part, gradually devolved upon the quarter sessions; which it is particularly directed to do in some cases by stat. 1 Edw. IV. c. 2. It has also, in some instances, devolved the justices out of sessions.

11. The Court of the Coroner is also a court of record, to inquire, when any one dies in prison, or comes to violent or sudden death, by what manner he came to his end (c). And this he is only entitled,] in general, [to do super visum corporis. Of the coroner and his office, we treated at large in a former volume, among the public officers of the kingdom, and therefore shall not here repeat our inquiries; only mentioning his court, by way of regularity, among the criminal courts of the nation (d).

12. The Court of the Clerk of the Market, is incident to every fair and market in the kingdom, to punish misdemeanors therein (e); as a court of pied poudre is to determine all disputes therein, relating to private or civil property (f). The object of this jurisdiction, is principally the recognizance of weights and measures (g); to try whether they be according to the true standard thereof or no. Which standard was antiently committed to the custody of the bishop, who appointed some clerk under him to inspect the abuse of them more narrowly: and hence this officer, though usually a layman, is called the clerk of the

(b) See Colebrook v. Elliott, 3 Burr. 1861.

(c) 4 Inst. 271; 2 Hale, P. C. 53; Hawk. P. C. b. 2, c. 9.

(d) Vide sup. vol. 11. p. 655 et seq.

(e) 4 Inst. 273.

(f) Vide sup. vol. 111. p. 470,

n. (s).

(g) See stat. 17 Car. 2, c. 19. As to weights and measures, vide sup. vol. 11. p. 537.