of

-violently assault and beat him the said A. I. at aforesaid, in the county aforesaid: These are therefore, in his said majesty's name, to command you forthwith to apprehend the said A. O. and to bring him before me to answer unto the said complaint, and to be farther dealt withal according to law. Given under my day of, &c.

hand and seal the

County of

county of

B.

Indictment for an Assault.

} THE jurors for our lord the king upon their

oath present, that A. O. of in said
butcher, on the day of

in the

-year of the reign of - ataforesaid in the county aforesaid, in and upon A. I. tailor, then and there being in the peace of God and of our said lord the king, with force and arms, an assault did make, and him the said A. I. then and there did beat, wound, and evil intreat, and then and there to him other enormous things did, to the great damage and hurt of him the said A. I., to the evil example of all others offending in the like kind, and against the peace of our said lord the king, his crown and dignity.

C. Indictment against Sir Edward Littleton, Bart. for
assaulting Samuel Hellier, Esq. in his own House. From
the MSS. of the late Mr. Serjeant Williams.
Staffordshire. THE jurors for our lord the king upon their
oath present, that Sir Edward Littleton, of
Teddesley Coppice, otherwise the Coppice, in the county of Staf-
ford, Baronet, on the twenty-second day of October, in the thirty-
second year of the reign of our Sovereign lord George the Second,
by the grace of God of Great Britain, France, and Ireland king,
defender of the faith, &c., with force and arms, to wit, with a
certain horsewhip, which he the said Sir Edward then had and
held in his right hand, at the parish of Wombourn in the county
aforesaid, made an assault upon Samuel Hellier, esquire, then and
there being in his own dwelling-house there situate, in the peace of
God and our said lord the king, and him the said Samuel then and
there did beat, strike, and whip several times with the said horse-
whip, giving to the aforesaid Samuel divers severe and violent blows
and strokes by the same whip, and then and there otherwise greatly
ill-treated the said Samuel, to the great damage of the said Samuel,
and against the peace of our said lord the king, his crown and
dignity.

D. Indictment for an Assault with an Intent to ravish. Staffordshire. THE jurors for our lord the king upon their oath present, that A. O. late of the parish of Stone in the said county of Stafford, on the

day of

in the year, &c., with force aad arms, at the parish aforesaid, in the county aforesaid, in and upon A. V. spinster, in the peace of God and our said lord the king then and there being, did make an assault, and her the said A. V. then and there did beat, wound, and ill-treat, so that of her life it was greatly despaired, with an intent her the said A. V. against her will then and there feloniously to ravish and carnally know, and other wrongs to the said A. V. then and there did, to the great damage of the said A. V., and against the peace of our said lord the king, his crown and dignity. [Another count for a common assault.]

B.'

C.

D.

Assize, what.

The circuit commissions.

Sheriffs, justices, and others, to attend there.

Justices of

to attend the

Assizes.

[19 G. 3. c.74.-38 G. 3. c. 52.-39 G. 3. c.46. -49 G. 3. c.91.3 G. 4. c. 10. - 7 & 8 G. 4. c. 38.. - 3 & 4 W. 4. c. 71.]

ASSIZE (assessio) anciently signified in general, a court where the judges or assessors heard and determined causes; and more particularly upon writs of assize brought before them, by such as were wrongfully put out of their possession. Which writs heretofore were very frequent; but now men's possessions are more easily recovered by ejectments, and the like. Yet still the judges in their circuits have a commission of assize, directed to themselves and the clerk of assize, to take assizes, and to do right upon such writs.

To which commission of assize, four other commissions are now superadded; to wit,

(1) A commission of general gaol delivery, directed to the judges and the clerk of assize associate; which gives them power to try every prisoner in the gaol, committed for any offence whatsoever; but none but prisoners in the gaol.

At Stafford Lent Assizes, 1810, Wood B. ordered eight prisoners, against whom no bills had been preferred, and who were committed for trial at the general quarter sessions of the peace, to be discharged out of custody; observing that every prisoner had a right to be tried by the first competent tribunal, and that he was bound by his commission to deliver the gaol. MS.

But this was over-ruled by a majority of the judges, who held that it was not imperative on the judges to discharge a prisoner committed under such circumstances. C. C. R. 173.

(2) A commission of oyer and terminer, directed to the judges, and many other gentlemen of the county; by which they are empowered to hear and determine treasons, felonies, and other misdemeanors, by whomsoever committed, whether the persons to be tried be in gaol or not in gaol.

(3) A commission or writ of nisi prius, directed to the judges and clerk of assize, by which civil causes brought to issue in the courts above, are tried in the vacation by a jury of twelve men of the county where the cause of action arises; and on return of the verdict of the jury to the court above, the judges there give judgment.

(4) A commission of the peace in every county of their circuit. By the precept for the general gaol delivery before-mentioned, the sheriff is commanded to attend there in person, with his undersheriff; and to give notice to all justices of the peace, mayors, coroners, escheators, stewards, and also to all chief constables and bailiffs of hundreds and liberties, that they be then and there in their own persons with their rolls, records, indictments, and other remembrances, to do those things which to their offices in that behalf appertain to be done.

By virtue whereof all justices of the peace, mayors, and others peace are bound above-mentioned, of that county where the judges have their assizes, are bound to be present; and if they make default, without lawful impediment, the judges may set a fine upon them for their neglect. Cro. Circ. C. 3. 4 Blac. Com. 270.

assizes.

Also, by ancient custom (that is, by the common law of the Constable's land), before the coming of the judges, the high constables issue presentment. their warrants to the petty constables, headboroughs, borsholders, &c. to make presentments of all crimes and offences cognizable at the assizes; to the intent (as it seemeth) that the judges thereby may have a general information and knowledge how the peace hath been kept; which presentments, being delivered to the high constables, are by them delivered into court, and make up part of the rolls and other remembrances above-mentioned.

By statute 7 & 8 G.4. c.38., "no petty constable shall be required at any petty session or elsewhere to make, nor shall any high constable be required at any general gaol delivery, great session, or general or quarter session of the peace in England to deliver any presentment respecting popish recusants, persons absenting themselves from their parish church or any other place of religious worship licensed by authority, rogues and vagabonds, inmates, retailers of brandy, ingrossers, forestallers, regraters, profane swearers and cursers, servants out of service, felonies and robberies, unlicensed or disorderly alehouses, false weights and measures, highways and bridges, riots, routs, and unlawful assemblies, and whether the poor are well provided for, and the constables are legally chosen and sworn."

The warrants of the high constables perhaps may be best drawn upon the words of the commission of oyer and terminer, which is the largest of all the five commissions above-mentioned; and then the form thereof may be thus subject to the above enactment.

THESE are to require you the said constable, in his majesty's
name, to make out a presentment in writing of all treasons,
misprisions of treasons, insurrections, rebellions, counterfeitings,
clippings, washings, false coinings, and other falsities of the money
of Great Britain, and of other kingdoms and dominions whatsoever;
and of all the murders, felonies, manslaughters, killings, burglaries,
rapes of women, unlawful meetings and conventicles, unlawful utter-
ing of words, assemblies, misprisions, confederacies, false allegations,
trespasses, riots, routs, retentions, escapes, contempts, falsities, neg-
ligences, concealments, maintenance, oppressions, champerty, deceits,
and all other evil doings, offences, and injuries whatsoever, and also
the accessaries of them; by whomsoever, and in what manner soever
done, committed, or perpetrated, within your constablewick. Which
said presentment so made in writing as aforesaid, and signed by
you, you are to deliver to me at
in the said county, on the
day of at the hour of— in the forenoon of the
same day, that I may have the said presentment ready to be delivered
to his said majesty's justices of oyer and terminer and general gaol
delivery at the next assizes to be holden for the said county. Herein
fail you not, as you will answer the contrary at your peril. Given
under my hand, the
, in the year of our

Lord

day of

J. B. High Constable.

7&8 G. 4. c. 38. Exceptions.

19 G. 3. c. 74. In what cases

the judges may act, though out of the proper county.

Judges' lodgings.

38 G. 3. c. 52.

THE presentment of J. C. constable of the parish (or township) in the said county, for the next general assizes,

of or general quarter sessions of the peace, as the case may be) to be holden at in and for the said county, made upon oath, before me, one of his majesty's justices of the peace acting in and for the said hundred and county, the thousand eight hundred and

day of

one

I the above-named J. C. do make oath and declare, that I have none of those things given me in charge to present, within my constablewick; [if any matter presentable, state the facts and circumstances.]

J. C. Constable.

Taken and sworn the day and year above written. Before me,

J. P.

By stat. 19 G. 3. c. 74. § 70. made perpetual by 39 G. 3. c. 46., reciting, that "whereas the courts of assize, nisi prius, oyer and terminer, and gaol delivery, for several counties at large, are often held in or near cities or towns that are counties of themselves, and at the same time with the like courts for the said cities or towns; and inconveniences frequently arise in transacting the business of the several courts, for that the lodgings of the judges are situate either only in the county at large, or only in the county of such city or town;" it is therefore enacted, that whenever the said courts for any county at large in England, shall be held in or near any city or town which is also a county of itself, with the like or any of the like courts for the said city or town, the lodgings of the judges shall be construed and taken to be situate both within the county at large, and also within the county of such city or town, for transacting the business of the assizes for such county at large, and for the county of such city or town, during the time that such judge or judges shall continue therein for the execution of their several commissions.

By stat. 38 G. 3. c. 52. § 1., reciting, whereas there at present exists in the counties of cities and of towns corporate within this kingdom an exclusive right that all causes and offences which arise within their particular limits should be tried by a jury of persons residing within the limits of the county of such city or town corporate; which ancient privilege, intended for other and good purposes, has in many instances been found by experience not to conduce to the ends of justice: and whereas it will tend to the more effectual administration of justice in certain cases, if actions, indictments, and other proceedings, the causes of which arise within the counties of cities and towns corporate, were tried in the next adjoining counties, enacts, that from and after the 1st of June

1798, in every action, whether transitory or local, which shall be prosecuted or depending in any of H. M.'s courts of record at Westminster; and in every indictment removed into the K. B. by certiorari; and in every information filed by H. M.'s Attorney or Solicitor General, or by the leave of the court of K. B.; and in all cases where any person or persons shall plead to or traverse any of the facts contained in the return to any writ of mandamus, if the venue in such action, indictment, or information, be laid in the county of any city or town corporate within that part of G. B. called England, or if such writ of mandamus be directed to any person or persons, body politic and corporate, that it shall be lawful for the court in which such action, &c. or other proceeding shall be depending, at the instance of the prosecutor or plaintiff, or of any defendant, to direct the issue or issues joined in such action, &c. to be tried by a jury of the county next adjoining to the county of such city or town corporate; and to award proper writs of renire and distringas accordingly, if the said court shall think it fit so to do.

§ 2. Indictments for offences committed within the county of Indictments. any city or town corporate, may be preferred to the jury of the county next adjoining.

§3. Indictments found by the grand jury, or inquisitions taken before the coroner of the county of a city or town corporate, may be ordered by the court to be filed with the proper officer of the next adjoining county, and defendants may be removed to the gaol thereof. See Indictment.

By stat. 49 G. 3. c. 91. the judges may act in counties in which 49 G. 3. c. 91. they reside or were born.

When commissions shall not be opened and

read at any places specified on the day named therein, the same may be opened and ing day, not being Sunday,

read the follow

By stat. 3 G. 4. c. 10., intituled An act to enable, in certain cases, 3 G. 4. c. 10. the opening and reading of commissions under which the judges sit upon the circuits, after the day appointed for holding_assizes; 1., it is enacted, "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 assize, 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 lay; or if the following day shall be a Sunday, or 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 &c. 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: Provided always, that the judges and quorum commis. sioners are hereby directed and required to have such commissions opened and read on the very days appointed for that purpose, unless the same shall be prevented by the pressure of business elsewhere, or by some unforeseen cause or accident."

But commissions shall be opened and read on the days appointed, if not prevented.