SESSIONS. A session is the period during which any court of law sits for the transaction of judicial business ; but the term Sessions is commonly used to denote the meeting of the justices of a county, or other district which has a separate commission of the peace, for the execution of the authorities conferred by the crown by that com mission and others created by act of parliament.
County Session8.—The commission of the peace issued by the crown for the purpose of creating county magistrates, consists of two branches. The former, relating to the powers to be exercised by justices indi vidually and separately, has been already set forth. [Jusrrcns.] The second branch of the commission creates the powers of the justices when assembled in sessions, and contains the quorum clause, so called because when the commission was in Latin, the clause ran "quorum A.B. vel C.D. vel E. F., &c. unum esse volumes." The statute I Mary, sass. 2, c. 8, s. 2, prohibits sheriffs from exercising the office of justice of the peace during the time that they act as sheriffs. They might otherwise be called upon to act in the same matter both as judges and officers,—to execute, as sheriffs, precepts which they had issued as justices. It has been supposed that where a justice is elected coroner, he is discharged of his authority of justice. But if he be created a duke, archbishop, marquess, earl, viscount, baron, bishop, knight, judge, or serjeant-at-law, his authority as justice of the peace remains. (1 Edw. VI. c. 7.) By 5 Geo. II. c. 18, s. 2, attorneys, solicitors, and proctors are prohibited from acting as justices of the peace for any county during the time that they continue in practice.
A meeting of the justices held for the purpose of acting judicially for the whole district comprised within their commission constitutes a court of general session of the peace. By 12 Rich. II. c. I0, sessions are required to be held in every quarter of the year, or oftener if need be. The four sessions 131) held are styled courts of general quarter session of the peace, or, in common parlance, "quarter-sessions." By different statutes the quarter-sessions are directed to be held at uniform periods. The times at which they are directed to be held are, the first week after the 11th of October, the first week after the 28th of December, the first week after the 31st of March, the first week after the 24th of June. Though the justices act irregularly in omitting to convene the quarter-sessions at the prescribed periods (except the April sessions, in respect of which power is expressly given to the justices to alter the time to any day between the 7th of March and the 22nd of April), sessions held as quarter-sessions in other periods of the quarter are legal quarter-sessions. When the business to be transacted
at a court of quarter-sessions is not completed before the time at which it is thought desirable for the justices to separate, the court is usually adjourned to a subsequent day ; so where there is reason to expect that new matters will arise which it will be desirable to dispose of before the next quarter-sessions. Two justices, one of them being of the quorum, may at any time convene a general session of the peace; but at such additional session no business can be transacted which is directed by any act of parliament to be transacted at quarter-sessions.
Both general sessions and general quarter-sessions are held by virtue of a precept under the hands of two justices, requiring the sheriff to return a grand jury before them and their fellow-justices at a day certain, not less than fifteen days after the date' f the precept, at a certain place within the district to which the commission extends, and to summon all coroners, keepers of jails and houses of correction, high constables, and bailiffs of liberties [Fuesreuisn] within the county.
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-sheriff, 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 jails, to bring and receive prisoners ; 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 recognisance to answer charges to be made against them, or to prosecute or give evidence upon charges against others.