Persons bound to attend at the sessions are :—First, all justices of the peace for the county or district. Secondly, the custos rotulorum of the county, who is bound to attend by himself or his deputy, with the rolls of the sessions. Thirdly, the sheriff by himself or his under-sheritf; to return the precept and lists of persons liable to serve on the grand or petty jury, to execute process, &c. Fourthly, the several coroners of the county or district. Fifthly, the constables of hundreds or high constables. Sixthly, all bailiffs of hundreds and liberties. Seventhly, the keepers of gaols, to bring and receive pri soners. Eighthly, the keeper of the house of. correction, to give in a calendar and account of persons in his custody. Ninthly, all persons returned by the sheriff as jurors. Tenthly, all persons who have entered into a recognizance to answer charges to be made against them, or to prosecute or give evidence upon charges against others.
Persons summoned on grand or petty juries ought to be males between 21 and 60 years of age, who are possessed of 101. a year in lands or rents, or 20/. a year in leaseholds for an unexpired term or terms of 21 years or more, or who are householders, rated to the poor on a value of not less than 20/. (in Mid dlesex 30/.), or who occupy houses con taining not less than fifteen windows, and who are not peers, judges of the supe rior courts, clergymen, Roman Catholic priests, dissenting ministers following no secular employment but that of school masters, and many others.
The justices in sessions have criminal jurisdiction, to be exercised partly accord ing to the rifles of common law and partly pursuant to different acts of par liament; they have also jurisdiction in certain civil matters created by different statutes ; they have an administrative power in certain county matters ; and they have power to fine and imprison for contempt.
I. The criminal jurisdiction of justices in general and quarter-sessions is now de fined by the 5 & 6 Vict. c. 38, which enacts "that after the passing of this Act neither the justices of the peace acting in and for any county, riding, division, or liberty, nor the recorder of any borough, shall at any session of the peace nor the adjournment thereof try any person or persons for any treason, murder, or capital felony, or for any felony which, when committed by a person not previously convicted of felony, is punishable by transportation beyond the seas for life, or for any of the offences mentioned under the 18 heads contained in the first section of the act. The second section provides that any judge of the supreme courts at West minster, acting under a commission of oyer and terminer and gaol delivery fbr any county, may issue a writ or writs of certiorari or other process directed to the justices of the peace acting in and for such county, &c. or to the recorder of any
court within the same county, command ing the said justices and recorder seve rally to certify and return into such court of over and terminer, &c. all indict ments and presentments found or taken by such justices or recorder of offences which after the passing of this act they will not have jurisdiction to try, and the several recognizances, examinations, and depositions relative to such indictments and presentments ; and, if necessary, by writ or writs of Habeas Corpus may cause any person in the custody of any gaol or prison, charged with any such offence, to be removed into the custody of the com mon gaol of the county, that such offences may be tried under the said commission. The fourth section empowers any court of general or quarter-session or adjourned session of the peace to divide such court into two courts, which may sit apart for the better despatch of business, in the manner and subject to the conditions in this section mentioned.
Previously to the 6 & 7 Will. IV. c. 114, it was in the discretion of the ma gistrate before whom the depositions were taken, whether he would allow them to be inspected ; even the party accused had no right to demand a copy of the deposi tions, though in cases of treason or felony he was entitled to demand a list contain ing the names of the witnesses for the prosecution. But by that act (s. 3) " all persons held to bail or committed to prison for any offence, are authorised to require and have, on demand, from the person who has the lawful custody thereof, copies of the examinations of the wit nesses respectively upon whose deposi tions they were held to bail or committed to prison, on payment of a reasonable sum for the same, not exceeding three half pence for each folio of ninety words ; subject to a proviso, that if such demand be not made before the day appointed for the commencement of the sessions at which the trial of the person on whose behalf such demand is made is to take place, such person is not to be entitled to have any copy of such examination of witnesses, unless the person to preside at such trial be of opinion that such copy may be made and delivered without delay or inconvenience to such trial. The chairman is, however, authorised to post pone the trial on account of such copy of the examination of witnesses not hay ing been previously had by the party charged :" and by sec. 5, all persons under trial are authorised, at the time of their trial, to inspect, without fee or reward, all depositions (or copies thereof) which have been taken against them, and re turned into the court before which such trial is had.