The section, moreover, establishes a strange limitation with reference to the powers of justices when sitting at an occasional court-house. Thus we see that where a case is heard, tried, determined and adjudged by a court of summary jurisdiction sitting in "an occasional court-house," the period of imprisonment imposed by the conviction or order of such court is not to exceed fourteen days, and the sum adjudged to be paid by the conviction or order of such court is not to exceed 20s. This provision certainly contemplates two or more justices sitting as a court of summary jurisdiction at an occasional court-house, and it is difficult to see why their powers of punishing should be thus restricted. If the section had directed that in all cases in which the court had the power to award more than fourteen days' imprisonment, or a fine of more than 20., the case should be heard only at a petty sessional courthouse before two or more justices, no difficulty would arise. As the clause stands, no justices, when sitting in an occasional court-house, can punish a rogue and vagabond with more than fourteen days, although, before the act, a single justice might have awarded three calendar months. The same remarks will apply to a variety of other offences, where justices were empowered to award more than fourteen days' imprisonment or impose a fine exceeding 20s. It will be observed, too, that even with regard to hearing cases at the petty sessional court-house, a single justice has the same limits affixed to his power of punishing an offender; and it thus arises, that, for the future, no single justice will have the power of awarding to a rogue and vagabond, and to many other offenders heretofore punishable by a single justice by a higher penalty those above mentioned; that is, by an imprisonment not exceeding fourteen days, or a fine not exceeding 20s. 2. Special Sessions and Business thereat. sions. A special sessions, or a special petty session as it is some- What is a times termed by statute, is a meeting of the justices of a special sesdivision of a county, a riding, or of a borough, called for a particular purpose, by virtue of a provision in that behalf in some act of parliament, of which due notice is usually, and by some statutes expressly required to be, given to all the justices resident within the division, the limits within which such special sessions are holden being those which are appointed under the acts referred to at pp. 61, 62, and are the same as those within which petty sessions are holden. Purposes and periods at which special sessions are holden. It may not be out of place here to mention concisely the purposes for which these special sessions in certain cases are required to be held at stated periods of the year. They are: Purposes. Alehouses, for licensing inns, alehouses , for transferring such licences Beerhouses, for granting certificates for Billiards, for licensing persons to keep ,for transferring such licences. Highways, 61 special sessions for pur- for examination and allow- Periods of the Year. Annually in counties, towns, &c. between 20th August and 14th September; in Middlesex and Surrey, within the first ten days of March, (ss. 1, 3). Not less than four nor more than eight special sessions for the year (s. 4). The same as "Alehouses." Same time as alehouse licences, supra. The same. In the month of October in at any other time (2 & 3 The special sessions next after the 25th March. to fix rate of payment for The same. for examination and allow- Annually within the last 7 tice before the 20th August.] On 25th March or within 14 days after. Within 14 days after appointment of overseers. As fixed on the day of appointing overseers,usually Feb., May, Aug. and Nov. in every year. 61 By the Highway Act, 1864, 27 & 28 Vict. c. 101, s. 46, all these matters may be done in petty sessions. Wine and Refreshment Houses, for The same as "Alehouses." granting certificates for licences and transfers (32 & 33 Vict. c. 27; 33 & 34 Vict. c. 29; 34 & 35 Vict. c. 88). In other cases, such as making orders for damage by rioters (7 & 8 Geo. 4, c. 31, s. 9); granting theatre licences (6 & 7 Vict. c. 68, s. 5); recovering union contributions from overseers (2 & 3 Vict. c. 84); appointing high constables (7 & 8 Vict. c. 33, s. 8); making orders for expenses, &c. of special constables appointed under 1 & 2 Will. 4, c. 41 (s. 13), and granting licences for the making, keeping or selling of gunpowder, fireworks, &c. (23 & 24 Vict. c. 139, and 24 & 25 Vict. c. 130), -where the business is required to be done at a special sessions, but no express time is fixed,—it may be convened as the occasion may arise. With respect to the manner of summoning special sessions, and what notice is requisite, these matters are treated of in Vol. II. in the introductory matter to Chapter I. of Part III. Purposes and periods at which special sessions are holden. The clerk to the justices (of whom we shall speak hereafter) Publication should prepare at the beginning of each year a statement or list of days of holding speof the special sessions and their purposes, with dates, through- cial sessions. out the year, which is easily done, having regard to the periods at which such special sessions must be held, notwithstanding such days cannot legally be appointed at the commencement of a year; which statement being printed either on note paper or a card, a copy is furnished to each magistrate of the division. as well as to all parochial officers. This is the more necessary in many cases, as some acts do not require notice of the special sessions to be given to justices or to any other parties. 3. Management of Business generally. Bench. It is usual in courts of petty and special sessions for one of Chairman of the magistrates to officiate as chairman and take the lead in the management of the business, as at the quarter sessions; and this assists materially the due disposal of the business before the bench, as well as being satisfactory to the suitors of the court. The chairman ought to be elected annually, and he is usually the justice of the bench who has been in the commission of the peace for the county for the longest period dating from the time of his qualifying as such justice; but if he is not Order of business. As to forms. Sealing proceedings. Minutes of proceedings to be taken. present at any meeting a chairman for the day is appointed. He is not entitled to have a second or casting vote in case of an equality of votes on a question determinable by the petty or special sessions. In boroughs the mayor is, when present, to be the chairman (24 & 25 Vict. c. 75, s. 2, ante, p. 6). As to the order in which business is taken at petty sessions, it is necessary there should be some rule as at quarter sessions; and consequently it is usual, first, to hear cases, whether summary or indictable, in which the defendants are in custody, then any special sessions matters convened for that day, and afterwards such cases as should be ready to be gone into on summonses. An outline or calendar of the business to be transacted, with the names of the parties, &c., should, if practicable, be made and laid before the chairman of the bench. The blank general forms of informations or complaints, summonses, warrants, commitments, &c., in summary convictions and orders, as well as respecting indictable offences, given in the schedules to the 11 & 12 Vict. cc. 42, 43,-the classes being typographically distinguished from one another, -should be supplied by the clerk to such of the justices of the division who act at their residences without his assistance; but, although no objection can be taken to its form, the information for summary offences and matters, being the foundation of the justices' jurisdiction, should show every ingredient and requisite of the statute or statutes which give cognizance of the offence or matter to give them jurisdiction over the subject-matter. It is the duty of the clerk to prepare informations, when a fee is payable to him for the same. The seal or mark intended as a seal on summonses, warrants, convictions, orders, commitments, &c. may be any impression or otherwise in ink, made at the time by the clerk, or by the printer, and adopted by the justice or justices signing the document. 62 There needs some general enactment for providing a seal for each division, to be used for all documents, and not merely certificates for licences as in the Beerhouse Act, 1870, 33 & 34 Vict. c. 29, s. 4. A minute book containing all the proceedings transacted at petty sessions should be kept by the clerk, in which the evidence adduced in each case, or sufficient notes of it, should be written down by him, or, as is usual at some benches, taken 62 Reg. v. St. Paul's, Covent Garden, 14 L. J. (N. S.) M. C. 109. separately, made up with the original information or complaint, &c. indorsed, numbered in the order adjudicated upon, and preserved by the clerk. 63 Proper minutes of the proceedings are now the more necessary since 11 & 12 Vict. c. 43, which by sect. 31, after enacting,— &c. "That in every warrant of distress to be issued as aforesaid, the Accounting constable or other person to whom the same shall be directed shall for penalties, be thereby ordered to pay the amount of the sum to be levied thereunder unto the clerk of the division, in which the justice or justices issuing such warrant shall usually act; and if any person convicted of any penalty, or ordered by a justice or justices of the peace to pay any sum of money, shall pay the same to any constable or other person, such constable or other person shall forthwith pay the same to such clerk: and if any person committed to prison upon any conviction or order as aforesaid for nonpayment of any penalty, or of any sum thereby ordered to be paid, shall desire to pay the same and costs before the expiration of the time for which he shall be so ordered to be imprisoned by the warrant for his commitment, he shall pay the same to the gaoler or keeper of the prison in which he shall be so imprisoned, and such gaoler or keeper shall forthwith pay the same to the said clerk;-and all sums so received by the said clerk shall forthwith be paid by him to the party or parties to whom the same respectively are to be paid, according to the directions of the statute on which the information or complaint in that behalf shall have been framed ;-and if such statute shall contain no such directions for the payment thereof to any person or persons, then such clerk shall pay the same to the treasurer of the county, riding, division, liberty, city, borough or place, for which such justice or justices shall have acted, and for which such treasurer shall give him a receipt without stamp,” Further enacts, account of "That every such clerk, and every such gaoler or keeper of a Monthly prison shall keep a true and exact account of all such monies received by him, of whom and when received, and to whom and when paid, in the Form (T.) 64 in the schedule to this act annexed, or to the like effect, and shall once in every month render a fair copy of every such account unto the justices who shall be assembled at the petty sessions for the division in which such justice or justices 63 As to obtaining a copy of an information, see Ex parte West, in Note 43, ante, p. 49. 64 This form will be found in Oke's "Magisterial Formulist," 6th ed. No. 125, p. 66. |