oath, affirmation, or declaration, punishable as perjury or as a misdemeanor.

8. Forgery.

9. Unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, fern, or furze.

10. Bigamy and offences against the laws relating to marriage.

11. Abduction of women and girls.

12. Endeavouring to conceal the birth of a child.

1

13. Any of the misdemeanors created by ss. 75-86, both inclusive, of 24 & 25 Vict. c. 96 (the Larceny Act).

14. Composing, printing, or publishing blasphemous, seditious, or defamatory libels.

15. 2 Bribery and undue influence.'

16. Unlawful combinations and conspiracies, except conspiracies or combinations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by one person.

17. Stealing or fraudulently taking or injuring or destroying records or documents belonging to any court of law or equity or relating to any proceeding therein.

18. Stealing or fraudulently destroying or concealing wills or testamentary papers, or any document or written instrument being or containing evidence of the title to any real estate or any interest in lands, tenements, and hereditaments.

19. 3 The offence of entering land, armed, by night, to the number of three or more, in pursuit of game.

4

20. Personation, as defined by 37 & 38 Vict. c. 36, s. 3.

1 24 & 25 Vict. c. 96, s. 87. These are misappropriations by bankers, &c. See my Digest, ch. xli., Articles 343-350, both inclusive. In the 5 & 6 Vict. c. 37, No. 13 in the list consists of offences against the Bankruptcy law, but this was repealed by 31 & 32 Vict. c. 62, s. 20.

2 17 & 18 Vict. c. 102, s. 10; 5 & 6 Vict. c. 37, mentions bribery only.

39 Geo. 4, c. 69, s. 9; Digest, Article 77.

+37 & 38 Vict. c. 36, s. 3; Digest, Article 367.

ARTICLE 40.

CONSTITUTION OF THE COUNTY COURTS OF QUARTER SESSION.

The magistrates in the Commission are the judges of the County Quarter Sessions.

2

Provided that no metropolitan police magistrate is competent as such to act as one of the Justices of the Peace in Quarter Sessions assembled for any of the counties for which as such magistrate he is a justice; nor is any magistrate of any borough within any county qualified as such to act as a Justice of the Peace for the county in Quarter Sessions assembled.

3 The Court of Quarter Sessions continues during the continuance of the Commission of the Peace under which it sits. It may be adjourned to a different time and place from that at which it is required by law to assemble, provided that such time is not later than the next session required by law to be held; and it may adjourn the consideration of any particular matter to the next or any subsequent Court of Quarter Sessions unless it is required by statute to dispose of such matter at any particular sessions.

4 Whenever any Court of County Quarter Sessions is assembled for the dispatch of business the justices there present may, if and when in their discretion they see fit so to do, appoint two or more justices, one of whom must be of the quorum, to form a second Court for the purpose of hearing and determining such business as may be referred to them.

1 2 & 3 Vict. c. 71, s. 14. In practice one of the magistrates is always chosen chairman. He sums up; but this is merely an arrangement for the dispatch of business. A paid assistant-judge and deputy assistant-judge are appointed for the Middlesex Sessions under 7 & 8 Vict. c. 71; 14 & 15 Vict. c. 55; 22 & 23 Vict. c. 4; 37 & 38 Vict. c. 7.

2 45 & 46 Vict. c. 50, s. 158.

32 Hawk. P. C. 64; Pritchard's Q. S. 28, 29.

4 21 & 22 Vict. c. 73, s. 9.

ARTICLE 41.

CONSTITUTION OF THE BOROUGH COURTS OF QUARTER SESSION.

1 The Recorder is the sole judge of a Borough Court of Quarter Sessions.

The Recorder of every borough must hold a Court of Quarter Sessions therein once in every quarter of a year, or oftener if and as he thinks fit or the Secretary of State directs.

2 In case of sickness or unavoidable absence the Recorder of any borough may appoint by writing signed by him a barrister of five years' standing to act as Deputy Recorder at the Quarter Sessions then next ensuing or then being held, and not longer or otherwise. Such sessions are not illegal, nor are the acts of a Deputy-Recorder invalid by reason of the cause of the absence of the Recorder not being unavoidable.

3 Whenever it appears to the Recorder [or other person presiding] at any Borough Quarter Sessions that the said Quarter Sessions are likely to last more than three days including the day of assembling, such Recorder or other person may in his discretion order a second court to be formed, and appoint by writing signed by him a barrister of not less than five years' standing, who is to be called the Assistant-Recorder, to preside and try such felonies and misdemeanors as shall be referred to him therein.

If at any time during the sitting of such second court the Recorder or other person is of opinion that it is no longer required, he may direct the Assistant-Recorder at a proper opportunity to adjourn it.

The power of appointing an Assistant-Recorder as aforesaid must not be exercised unless it has been before each

1 45 & 46 Vict. c. 50, s. 165. As to these Courts see 1 Hist. Cr. Law, 116-122. 2 45 & 46 Vict. c. 50, s. 166.

3 11 Will. 4 & 1 Vict. c. 19, and 45 & 46 Vict. c. 50, s. 168, as to boroughs within the Municipal Corporations Act 1882. These sections contain provisions as to subordinate officers, and as to the payment of the assistant-recorder, &c.

Quarter Session certified to him in writing by the mayor or two aldermen or the town clerk of the borough, that the council thereof have resolved that it will be expedient that the same be exercised; nor unless the name of the barrister to be appointed has at some previous time been approved by the Secretary of State as that of a fit and proper person to be from time to time so appointed.

ARTICLE 42.

COURT TO BE OPENED AND ADJOURNED BY MAYOR IN RECORDER'S ABSENCE.

1 In the absence of the Recorder and Deputy-Recorder, the mayor must, at the times for the holding of the Borough Courts of Quarter Session, open the Court, and adjourn the the holding thereof, and respite all recognizances conditioned for appearing thereat, until such day as he then and there, and so from time to time, causes to be proclaimed.

This power does not authorize the mayor to sit as a judge of the said Court for the trial of offenders, or to do any other act in the character of a judge of the Court.

145 & 46 Vict. c. 50, s. 167.

CHAPTER VII.

OF CORONERS.

ARTICLE 43.

DUTIES OF CORONERS.

A CORONER is an officer1 whose duty it is to hold inquests upon the death of certain persons on the occasions and in the manner hereinafter mentioned, and also to hold inquests in cases of treasure trove.

ARTICLE 44.

DIFFERENT KINDS OF CORONERS.

2 There are four kinds of Coroners-Official Coroners, Franchise Coroners, Coroners by election for counties, and Borough Coroners.

ARTICLE 45.

OFFICIAL CORONERS.

The Lord Chief Justice of England, and the Judges of the High Court of Justice are Official Coroners for the whole of England.

ARTICLE 46.

FRANCHISE CORONERS.

In many precincts particular persons are Coroners by franchise, or have the power of appointing Coroners for that precinct.

1 See 1 Hist. Cr. Law, 216, 245. Coroners have other duties not connectea with the administration of criminal justice.

2 Jervis on Coroners, 2.