OYER AND TERMINER. These words in ancient law French denote a commission which establishes a court of criminal judicature, the distinguishing character of which is described by them. The substance of the commission, or unit, as it was anciently called, is an authority given by the king to certain persons to hear and determine (oyer et terminer) certain specified offences. The commis sioners of oyer and terminer are the most comprehensive of the several commis sions which constitute the authority of the judges of assize on the circuits. On these occasions they are usually directed to the lord chancellor, several high offi cers of state, two judges of the courts of Westminster, the king's counsel, the serjeants-at-law, and the associates ; but (excepting on the Northern Circuit, where all the commissioners but one are of the quorum) the judges, king's counsel, and serjeauts are always of the quorum, so that the other commissioners cannot act without the presence of one of them. Justices of oyer and termiuer at the as sizes have, by the terms of their commis sions, jurisdiction to inquire into the truth of all treasons, misprisions of treason, felonies, and misdemeanors committed within the several counties and places which constitute their circuits, and also to hear and determine the same on certain days and at certain places to be appointed by themselves. Besides these ordinary
courts of oyer and terminer at the assizes, special commissions of oyer and terminer are sometimes issued upon urgent OCC11.
dons, where offences of a dangerous ten dency have been committed in particular districts, and where the public peace and security require immediate inquiry and punishment. So also special commissions have been sometimes issued where from particular circumstances the incompe tency of the ordinary tribunals would oc casion a failure of justice. A remarkable instance of this kind occurred when Mr. Dunning, afterwards Lord Ashburton, was recorder of Bristol and sole criminal judge under the charters of the city. A forgery of Mr. Dunning's name to a bill of exchange having been committed in Bristol, he properly refused to try a case in which he was a party interested, and it was therefore necessary to issue a special commission for the purpose of hearing and determining the single of fence. Upon special commissions of oyer and terminer the course of the proceed ings is nearly the same as upon ordinary or general commissions.