ARTICLE 64. COMMISSIONS OF THE PEACE. There are in England sixty-five Commissions of the Peace for counties, parts of counties, and liberties, namely: One for each county in England, other than York and One for each riding of Yorkshire One for each of the following liberties:-Cawood, Cinque 50 3 3 65 There are also Commissions of the Peace for each of the boroughs named in Schedules A and B of the Municipal Corporations Act, 1835, and for each of the boroughs incorporated subsequently under 7 Will. 4 & 1 Vict. c. 78. ARTICLE 65. LOCAL AUTHORITY OF MAGISTRATES DEPENDS ON THEIR Magistrates can act only within the limits assigned to them by the Commissions of the Peace in which they are named, or, in the case of Magistrates by Charter, within the limits of their charter, or, in the case of the City of London, within the City of London and the borough of Southwark, except in the cases hereinafter expressly excepted. ARTICLE 66. WHEN COUNTY MAGISTRATES EXCLUDED BY BOROUGH COMMISSION AND WHEN NOT. 1The County Magistrates of a county in which is situated a borough having a separate Commission of the Peace have in and for such borough concurrent jurisdiction with the Borough Magistrates. But if there is within any such borough a separate Court of Quarter Sessions, the jurisdiction of the Borough Magistrates within such borough is exclusive. 145 & 46 Vict. c. 50, s. 154, and see 5 & 6 Will. 4, c. 76, s. 111. (I think this is the meaning, or at least the effect, of the section.) CHAPTER IX. 1 LOCAL JURISDICTION OF THE CRIMINAL COURTS. ARTICLE 67. THE HOUSE OF LORDS AND THE COURT OF THE LORD HIGH STEWARD. THE House of Lords and the Court of the Lord High Steward have jurisdiction over offences as to which their jurisdiction is exclusive in whatever part of the United Kingdom they are committed, or if they are committed out of the United Kingdom if the criminal law of England extends to them. ARTICLE 68. THE HOUSE OF LORDS ON AN IMPEACHMENT. The House of Lords has jurisdiction over offences in respect of which the offender is impeached by the House of Commons wherever they may have been committed. ARTICLE 69. HIGH COURT OF JUSTICE. The High Court of Justice (Queen's Bench Division) has jurisdiction over offences committed in any part of England. If such offence is committed in 2 Middlesex or in any other county in which the High Court is sitting, its jurisdiction over such an offence is immediate, and a bill may be found before it in the grand jury of the county. If any offence is committed in any other county the High 11 Hist. Cr. Law, 276, and 2 Hist. Cr. Law, 9. 2 Practically the Court of King's Bench has always sat in Middlesex, with an exception during the civil wars, and on one occasion during the plague. Court of Justice may assume jurisdiction over it by the writ of certiorari, as hereinafter mentioned. ARTICLE 70. COLONIAL AND INDIAN CASES. The Queen's Bench Division of the High Court of Justice has jurisdiction over all offences committed in India or the colonies which render the offender liable to be tried in England under 11 Will. 3, c. 12, or 13 Geo. 3, c. 63, s. 39, or 42 Geo. 3, c. 85. ARTICLE 71. LOCAL JURISDICTION OF COURTS OF OYER AND TERMINER AND GAOL DELIVERY. Courts of Oyer and Terminer and Gaol Delivery have jurisdiction over all offences which they are otherwise competent to try, and which are committed within the limits of any county to which the Commission of Oyer and Terminer extends, and within which it is being executed. The Central Criminal Court has jurisdiction over all offences which it is otherwise competent to try, committed within its district. ARTICLE 72. JURISDICTION OF COUNTY COURT OF ASSIZE IN COUNTIES OF CITIES. 1Any prosecutor may prefer a bill of indictment for any offence committed or charged to be committed within the county of any city or town corporate to the jury of the county next adjoining to the county of such city or town corporate sworn and charged to inquire for the Queen for the body of such adjoining county at any Sessions of Oyer and Terminer or General Gaol Delivery, [2 and every such indictment if found to be a true bill may be heard or determined before the justices 138 Geo. 3, c. 52, s. 2. 2 This is not said in words, but is necessarily implied by other parts of the Act. See, e.g., s. 8. of oyer and terminer or general gaol delivery for such county]. ARTICLE 73. LOCAL JURISDICTION OF COURTS OF QUARTER SESSION. Courts of Quarter Session have jurisdiction over all offences which they are otherwise competent to try, committed within the limits of the Commission of the Peace or charter under which the Justices or Recorder act. ARTICLE 74. LOCAL JURISDICTION OF THE ADMIRAL. 1 The Admiral has jurisdiction over all offences to which the criminal law of England extends, committed (a.) On the high sea, or (b.) On any landlocked water within the body of any English county, or on any port, creek, haven, or navigable river below bridges where great ships go, or (c.) On any landlocked water within the body of any foreign country, or on any port, creek, haven, or navigable river below bridges where great ships go in any such country. In case (a) the jurisdiction of the Admiral is exclusive except in regard of the part of the land over which the tide flows and reflows, as to which the Admiral has jurisdiction when the tide is in, and the Courts of Common Law when it is out. In case (b) the jurisdiction of the Admiral is concurrent with that of the Courts of Common Law. In case (c) the jurisdiction of the Admiral is concurrent with the jurisdiction of the foreign Courts having jurisdiction in such places. ARTICLE 75. ADMIRALTY JURISDICTION OF CENTRAL CRIMINAL COURT. 2 The Central Criminal Court may inquire of, hear, and determine any offence alleged to have been committed within 1 Authorities and history in 2 Hist. Cr. Law, 16, 2 4 & 5 Will. 4, c. 36, s. 22. |