Quartermaster

sessions, quarter, court, jurisdiction, act, appeal, offences and justices

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In all the counties, except that of London, the justices in the commission elect a chairman and vice-chairman, neither of them necessarily a lawyer, to preside at the sittings of the court. In the county of London there are a paid chairman and deputy chairman, who must be barristers of at least ten years' standing, and are appointed by the Crown. Under the Quarter Sessions Act 1858 the court may sit in two divisions of at least two justices at the same time and place, but not simultaneously in separate parts of the same county.

The jurisdiction of the court of quarter sessions of a borough does not depend upon the commission of the peace, but upon the Municipal Corporations Act 1882. Before the Municipal Cor porations Act 1835, many boroughs had criminal jurisdiction under their charters. Under that Act and the Act of 1882 a grant of quarter sessions to a city or borough is made by the Crown in council on petition of the town council. The recorder (q.v.), a barrister of not less than five years' standing appointed by the Crown, is sole judge of the court.

The city of London is not subject to the Municipal Corpora tions Act 1882, and its court of quarter sessions is created by the city charters, and is held before the mayor and aldermen with the recorder. It does not now sit to try indictments, which all go to the Central Criminal Court.

Criminal Jurisdiction.—Courts of quarter sessions in coun ties and boroughs have both original and appellate jurisdiction depending on the commission of the peace and on legislation beginning in 1344. This jurisdiction is derived in counties from the commission of the peace. The jurisdiction of quarter sessions is governed chiefly by the Quarter Sessions Act 1842, and they are forbidden to try the following offences : treason or misprision of treason; murder, capital felony or any felony (except burg lary) which is punishable on a first conviction by penal servitude for life ; offences against the king's title, prerogative, person or government, or against either House of parliament; offences against the Official Secrets Acts 1911 and 1920; offences subject to the penalties of praemunire; blasphemy and offences against religion, and composing or publishing blasphemous, seditious or defamatory libels ; and various other offences prohibited by stat utes. But their jurisdiction has been extended by the Criminal Justice Act 1925 and certain offences under the Perjury and Forgery Acts and other statutes and the so-called "long firm" frauds are cognisable by quarter sessions. Trials before the court

with a jury are governed by the same procedure as trials on indict ment in a court of assize. Under the Vagrancy Act 1823 and amending Acts, they have special powers of sentencing incorrigible rogues sent to them by courts of summary jurisdiction.

An appeal lies to quarter sessions from convictions

by a court of summary jurisdiction only where such an appeal is expressly given by statute. (See SUMMARY JURISDICTION.) Civil Jurisdiction.—By legislation in and since 1888 most of the administrative powers and duties of justices in general and quarter sessions have been transferred to the incorporated and elective councils of counties, boroughs and urban and rural dis tricts. But the justices still possess certain original, civil or quasi civil jurisdiction with respect to licensing and as to closing high ways. Most of the civil jurisdiction of quarter sessions is now appellate, i.e., with reference to orders made by justices.

Rating appeals, although they are still made to quarter sessions, are heard by a committee of the justices of the county appointed by such sessions (Rating and Valuation Act 1925). The procedure as to each form of appeal depends partly on the statute by which it is given and partly on the general provisions of the Summary Jurisdiction Acts. Decisions on law may be reviewed by the High Court (king's bench division) by means of certiorari, mandamus or prohibition. Convictions on indictment before courts of quarter sessions are within the provisions of the Criminal Appeal Act of 1907, except convictions on indictments for obstruction or non-repair of a public bridge, highway or river, from which an appeal lies to the court of appeal in the same way as in the case of civil actions tried at assizes. Persons dealt with incorrigible rogues are also within the Act of 1907. Quarter sessions can state a case on a point of law on an appeal to them against a conviction by a court of summary jurisdiction, and if they decline to do so may be ordered to state a case by the High Court (Crimi nal Justice Act 1925). (W. F. C.; W. DE B. H.) United States.—There is no court of quarter sessions in the United States. Courts of other names, differing in the various jurisdictions, perform its functions.

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