Petty Session

and convict persons committing frauds relating to, 37 Geo. 3. c. 143; 55 Geo. 3. c. 43.

WRECK. To estimate value of, and amount of salvage and claims for services rendered to ship in distress, (which must be by three justices) 1 and 2 Geo. 4. c. 75; to estimate damage done to the land on the shores, (by two justices) id. s. 29.

With respect to the cases in which one magistrate may when expedient. act, but in which he should, in his discretion, seek the assistance of another, it is obviously impossible to suggest any general rules. A magistrate will probably think it advisable to adopt the latter course, in cases which affect large pecuniary interests, which involve questions arising on statutes of difficult interpretation, and in all cases where any doubt may reasonably be expected, and where his decision would be final. Cases will also sometimes occur in which, though not in themselves difficult, local circumstances may render the concurrence of two or more magistrates advisable, in order that justice may not only be fully and fairly but satisfactorily administered.

Special Session

what.

When to be holden.

§3. OF SPECIAL SESSIONS; IN WHAT MANNER AND
AT WHAT TIME CONVENED; AND ESPECIALLY
OF THE GENERAL ANNUAL LICENSING MEETING
UNDER 9 GEO. 4. c. 61.

A Special Session is a meeting of justices, holden on a special occasion, for the execution of some particular branch of their authority, after reasonable notice to all the magistrates of the division in respect of which it is holden, (d) It differs from a petty session, with which it has been sometimes confounded, in this important respect, -that an opportunity must be afforded to the magistrates of the division in general to attend and participate in the proceedings, whereas the petty session may be holden by any two justices, on their mere private agreement, to transact such business as they are authorized to perform.

There are some Special Sessions which are required by law to be holden at particular periods; as, for appointing overseers of the poor, by 48 Eliz. c. 2. and 54 Geo. 3. c. 91; for appointing surveyors of the highways, by 13 Geo. 3. c. 78. and 55 Geo. 3. c. 68; for appointing inspectors of weights and measures, by 37 Geo. 3. c. 143; and for licensing alehouses, by 9 Geo. 4. c. 61; which

(d) The King v. the Justices of Worcestershire; 2 B. and A. 228; Hawk. B. 2. c. 8. s. 18.

to enforce payment of; to discharge from, 34 Geo. 3. c. 74, and 54 Geo. 3. c. 109. (c)

LUNATICS. To make order for the commitment of, for safe custody, to the county asylum; or, if there be no asylum, to some licensed house for their reception, 48 Geo. 3. c. 96. and 59 Geo. 3. c. 127.

PLAYERS.-TO convict for performing without a licence, 10 Geo. 2. c. 28; 28 Geo. 3. c. 30.

POOR.-To appoint overseers of, 43 Eliz. c. 2; to allow poor rate (which is only a ministerial act) id.; to enforce poor rate, id.; to convict overseers, for misconduct, in penalties, 17 Geo. 2. c. 38. s. 14. and 33 Geo. 3. c. 55. s. 1.; to make order on parents for the relief of children, and on children for the relief of parents, 59 Geo. 3. c. 12. s. 26; to make order or warrant for the seizure of goods of persons deserting their families, 5 Geo. 1. c. 8; to make orders for the removal of poor to the places of their legal settlement, 13 and 14 Car. 2. c. 12. s. 1. and 35 Geo. 3. c. 101. s. 1.

POSSESSION OF PREMISES.-To deliver to landlord, where the premises are deserted under the circumstances set forth in 11 Geo. 2. c. 19. s. 16. and 57 Geo. 3. c. 52; to deliver to parish officers where the premises belong to the parish, and the parties allowed to live in them refuse to give them up after a month's notice, 59 Geo. 3. c. 12. s. 24, 25.

SERVANTS. To convict for counterfeited characters of, personating masters for the purpose, making false pretences as to previous service, &c. 32 Geo. 3. c. 56; to enforce the laws affecting the silk trade between masters and servants and settle disputes, 32 Geo. 3. c. 44; the like in the cloth trade, 13 Geò. 1. c. 33; 29 Geo. 2. c.33; the like in the leather manufacture, 13 Geo. 2. c. 8; the like in the hat, fur, mohair, flax and hemp trades, and in the iron manufacture, 12 Geo. 1. c. 34; 22 Geo. 2. c. 27; 17 Geo. 3. c. 55; to convict for forcing workmen by violence or threats to quit, or spoil, or refuse to enter on their work, or to combine so to do, 5 Geo. 4. c. 95; to relieve by enforcing payment of wages in money, 57 Geo. 3. c. 115 and 122; 58 Geo. 3. c. 51.

WEIGHTS AND MEASURES.-To appoint inspectors of,

(c) The more important acts to be performed by justices under the statutes respecting highways are directed to be done at a Special Session; and convictions for penalties under these statutes are usually entrusted to one magistrate.

Petty Session

and convict persons committing frauds relating to, 37 Geo. 3. c. 143; 55 Geo. 3. c. 43.

WRECK. To estimate value of, and amount of salvage and claims for services rendered to ship in distress, (which must be by three justices) 1 and 2 Geo. 4. c. 75; to estimate damage done to the land on the shores, (by two justices) id. s. 29.

With respect to the cases in which one magistrate may when expedient. act, but in which he should, in his discretion, seek the assistance of another, it is obviously impossible to suggest any general rules. A magistrate will probably think it advisable to adopt the latter course, in cases which affect large pecuniary interests, which involve questions arising on statutes of difficult interpretation, and in all cases where any doubt may reasonably be expected, and where his decision would be final. Cases will also sometimes occur in which, though not in themselves difficult, local circumstances may render the concurrence of two or more magistrates advisable, in order that justice may not only be fully and fairly but satisfactorily administered.

Special Session

what.

When to be holden.

§3. OF SPECIAL SESSIONS; IN WHAT MANNER AND
AT WHAT TIME CONVENED; AND ESPECIALLY
OF THE GENERAL ANNUAL LICENSING MEETING
UNDER 9 GEO. 4. c. 61.

A Special Session is a meeting of justices, holden on a special occasion, for the execution of some particular branch of their authority, after reasonable notice to all the magistrates of the division in respect of which it is holden, (d) It differs from a petty session, with which it has been sometimes confounded, in this important respect, -that an opportunity must be afforded to the magistrates of the division in general to attend and participate in the proceedings, whereas the petty session may be holden by any two justices, on their mere private agreement, to transact such business as they are authorized to perform.

There are some Special Sessions which are required by law to be holden at particular periods; as, for appointing overseers of the poor, by 48 Eliz. c. 2. and 54 Geo. 3. c. 91; for appointing surveyors of the highways, by 13 Geo. 3. c. 78. and 55 Geo. 3. c. 68; for appointing inspectors of weights and measures, by 37 Geo. 3. c. 143; and for licensing alehouses, by 9 Geo. 4. c. 61; which

(d) The King v. the Justices of Worcestershire; 2 B. and A. 228; Hawk. B. 2. c. 8. s. 18.

must be holden at the times specified in the respective statutes. There are others, for which no particular time is or can be prescribed, and which may be convened whenever the occasion shall arise, as for diverting or stopping up highways, proceeding under the general inclosure act, and erecting houses of industry.

moned.

Where the manner of holding a Special Session is How to be sumprescribed by the statute which directs it to be holden, the precise requisitions of the statute must, of course, be obeyed. Where no such direction is to be found, as in the great majority of instances, the Special Session may be convened at the instance of the Custos Rotulorum of the county; of the clerk of the peace or his deputy; or of two justices. The party or parties convening the session issue a precept to the chief constable, who thereupon issues precepts to the petty constables, and gives notice to all the magistrates usually acting within the district for which the session is convened. The precepts must express distinctly the purpose for which the session is to be holden; and of this purpose distinct notice must be given to the magistrates, more especially when the session is not one of those directed by statute to be periodically holden for specific purposes. As the forms must vary with the occasion, it may suffice here to give the following specimen of a precept to the high constable, and his precepts founded thereon, for holding a Special Session relative to the state of the highways, according to 13 Geo. 3. c. 78. s. 7. and 55 Geo. 3. c. 68. s. 6.

County of

}

Form of Precept to the High Constable.

To A. B. High Constable of the hundred of in
the said county of

We, C. D. and E. F., two of his Majesty's justices of the peace
for the said county, do hereby require you immediately upon the
receipt hereof, to issue your warrants to all the petty constables
within your said hundred, in the form hereon indorsed.
our hands and seals the
Lord

day of

in the

Given under year of our

C. D.

(L. S.) E. F. (L. S.)

Form of High Constable's Precept (the form of which is indorsed on the preceding), and issued by him in pursuance thereof.

By virtue of a precept from two of his Majesty's justices of the

Notice to be given to the magistrates.

peace for the county of acting within the said hundred, to me directed, you are hereby required to give notice to the surveyors of the highway within your said parish, that they are personally to appear before the said justices at a Special Sessions to be held for the said hundred of for executing the purposes of the acts relating to the highways, on the day of

next, at the in the said

hour of in the forenoon of the same day, at
county, then and there to make returns in writing of the state of
all the roads, common highways, bridges, causeways, pavements,
hedges, ditches, and water-courses appertaining to, and of all
nuisances and encroachments made upon, the several highways
within their respective parishes, and of which they are surveyors;
and also of all persons who have neglected and shall neglect in
your said constable-wick to cut, prune, and plash their hedges, to
cut, prune, or lop their trees growing in or near such hedges or
fences as adjoin the highways, and to open, cleanse, and scour
the ditches and water-courses; and also at the same time to be
examined as to the written notices by them given for these purposes,
as well as to what they may have done in their offices in giving
notice in the church of the time and place for compounding for
statute labour on the highways, and otherwise for carrying of the
highway acts into execution. You will further inform the said
surveyors of the highways that they may then have an order of two
magistrates to enable them to receive a composition in money
instead of performance of statute duty in kind. You will moreover
inform all those justices of the peace who reside in your parish of
the time and place appointed for the said sessions. And be you
then there to make due return thereof. Given under my hand
in the said county, the day of in the year of our
J. K.

at
Lord

In order to constitute a good Special Session, it is necessary that reasonable notice should be given to all the magistrates of the division; and, therefore, where a precept for holding a Special Session on the 15th September, for diverting a way, was issued on the 12th, and the notices given on the 14th, the Court of King's Bench held that the session was not properly convened, and the order invalid. (e) The notices must be given by authority of the high constable, when the division within which the magistrates act is a hundred, or by that of the officer of a corporation analogous to the high constable, when they are the justices of a corporation; and, therefore, a Special Session convened by the clerk to the magistrates will not be duly holden. (f) But it is not necessary that the notices should be actually served on the magistrates by the high constable himself; as, if they are signed by him, they may be served by any person

(e) The King v. the Justices of Worcestershire, 2 B. and A. 228. (ƒ) The King v. the Justices of Surrey, 5 B. and C. 241.