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The Compiler might not unnecessarily offer many apologies for the typo
graphical errors in the following pages, but one is sufficient, viz. his own impaired organs of vision. Except the following, however, numerous as they may be on the whole, they are obvious and inconsiderable; being chiefly in orthography and punctuation, every reader's discernment will readily enable him to correct them as he proceeds. The following are of a more important description, and require correction with a pen, because on their being so corrected the sense of the passages, wherever they occur respeetively, must depend.
ERRATA. Page Line
i, last but one, for of, read or. 14, 27, for distinctions, read descriptions. 73, 23, for there give evidence, read there prosecute the same and give
evidence. 100, 5, for this read, their. 106, 20, for and, read with. 107, 14 of note, for Barnwell and Aldmon, read Barnwell and Alderson. 135, 33, for remuneration, read enumeration. 138, 24, for treasure here, read treasure-trove. 139, 12 and 15, for animus, read animo. 155, last line, for Sedy, read Sadi. 188, 12, for venire, read venue. 240, penultima, for as, read is. 265, of note, for no such cash, read no cash. 269, 4, for objects of them, read alms of them. 307, 9 of note, for is 21, read the 21. 309, 7 of note, for their transportation, read the transportation. 352, last of note, for subject indictable, read subject, and iudictable, 370, 4 of note, for is to, read as to. 472, 5, for assayed, read essayed. 522, 3, for in security, read in severalty. 547, last, for was the two next cases, read was the next case. 548, first, for also of a, read also one of a. 640, 28, for mucture, read multure. 721, 10, for some one, read some, or one. 744, 2 of note, for but the distinct, read but two distinct.
Duties, Oaths, Fees, Privileges, Indemnities, &c.
THE PRELIMINARY PROCEEDINGS AT THE SESSIONS.
&c. &c. &c.
THE SESSIONS OF THE PEACE.
Of the different Descriptions of Sessions. Their Constitution
and Continuance.-The Manner of convening them.-The Time and Place of holding them.-Forms of the Precepts to the Sheriff. Of the Sheriff's Warrant to the Bailiffs.
Style of the Sessions, &c. THE term “ Session of the Peace” is used to designate Sessions what. “a Sitting of Justices of the Peace, for the execution of those purposes which are confided to them by their commission, and by divers acts of parliament.” The words “ of the Peace” are added to distinguish these Sessions from all others, of which there are many kinds; as ex. gr. Sessions of Parliament, Great Sessions of Wales, Court of Session in Scotland, Session of Weights and Measures in London, and others.
Sessions of the Peace may be for jurisdictions of greater, Extent of ju. or of less extent, according to the pleasure of the Crown.
The King may grant a commission of the peace for a county, and under such commission the jurisdiction of the justices named in it will extend over the whole of such county; or he may grant it for any particular district of portion of a county, exclusive of the jurisdiction of the justices of the county at large; or he may by charter give the power of acting as justices to certain officers in towns
corporate, cities, and other places. In the latter cases, however, the justices of the county at large, in which such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering by spe-. cial words in the commission or charter of the inferior jurisdiction, called technically "a non intromittant clause.” *
In most cities and corporate towns there are Sessions held before justices of their own, whether the county justices be excluded, or not; and such Sessions have authority exactly similar to the Sessions of a county, except in a very few instances; one of the most considerable of which is in appeals from orders of removal of the poor, which, though made by the justices of the city or corporation, must be carried by appeal before the justices of the county by 8 & 9 Will. 3. c. 30.
Sessions are of four kinds or descriptions: Petit, or, as they are usually denominated, Petty, Special, General, and
General Quarterly. Petty Sessions. PETTY SESSIONS are when two, or more, justices of the
peace, of their own mere motion, meet together, to transact such business, as, either by the positive direction of their commissions, or by statute, requires the presence of more than one; or when it is of such difficulty or importance, that its circumstances point out the necessity, or the propriety, of such a concurrence. Any laboured attempt to illustrate this position, in any of its parts, by an enumeration of instances in which the presence of two justices may be requisite, convenient, or decorous, would be nearly impracticable; and, if imperfect, might tend to mislead, by inducing justices to overlook other cases that were omitted, to whatever cause such omission might be
attributable. With this exposition of principle, it may When neces- perhaps be sufficient for practice, if notice be taken of sary.
the most prominent and ordinary occasions, on which the presence of two justices in Petty Session is required by law. On others; viz, such as are out of the ordinary routine of duty, where the authority of justices is only to be called into exercise on questions of rare occurrence, of scru
* 4 Term. Rep. 456.