c. 114.) A prisoner or defendant charged with a felony or a misdemeanor, although entitled to defend himself by counsel, cannot have the assist ance of counsel to examine the witnesses, and reserve to himself the right of addressing the jury. But if he conduct his defence himself, and any point of law arises which he professes himself unable to argue, the court will hear It argued by counsel on his behalf.
Where the quarter-sessions act as a court of criminal jurisdiction under the powers given by the commission, and according to the cou rse of common law, a writ of error lies upon the judgment of the sessions to the court of Queen's Bench, and from that court to the Exchequer Chamber, and ultimately to the House of Lords. By the statute 11 & 12 Vict. c. 78, these courts, in common with the courts of Oyer and Terminer and Gaol Delivery, are empowered to reserve questions of law for the consideration of the court of Criminal Appeal; and by the statutis 12 & 13 Vict. c. 45, the powers previously given to judges to order payments by way of reward for the apprehension of certain offenders was extended to these courts, the compensation to one person In no case to exceed 51.
II. The quarter.sessions have an original jurisdiction in all matters required to be done by two or more justices, except in cases In which a power is given of appealing to the sessions.
III. Statutes which give summary jurisdiction to one or more magistrates, in most cases allow their decision to be brought before the sessions by way of appeal. Notice of appeal Is generally required, and the court is precluded from entertaining any objections not specified in the notice. Subject to this restriction, the case is beard as if the question were raised for the first time. Upon hearing of an appeal in which several counsel are employed, the course of practice usually is this :—the senior counsel for the respondent (the party resisting the appeal) states his ease in accordance with the decision appealed against. The witnesses and documents in support of that case having been pro duced and examined, the senior counsel for the appellant addresses the court, and then his witnesses are examined. Both counsel for the appellant then address the court, and are followed by the counsel for the respondent ; if no evidence is produced on the part of the appellant, the appellant's counsel sum up their case, and the re spondent's follow. The practice in this respect, however, varies at
different sessions. When the case is closed, the order, conviction, or other matter appealed against is confirmed or discharged, according to the view which the majority of the justices present at the moment of the decision take of the case, they being the judges in cases of appeal, both as to the law and the fact. Where, however, questions of diffi culty in matter of law present themselves upon the hearing of an appeal, the party against whom the sessions decide frequently applies for leave to state a special case for the decision of the court of Queen's Bench : the majority of the justices may either grant or reject the application ; and if no special case be stated, the judgment of the quarter-sessions upon an appeal, or upon any other matter in which they proceed in a course prescribed by statute, different from the course of the common law, cannot be reviewed by any other court. The stat. 12 & 13 Viet. c. 45, has amended the procedure in courts of quarter-sessions, by prescribing uniformity of time for giving notices of appeal ; by conferring extensive powers of amendment ; a Lugo discretion as to costs; and by enabling them to refer matters to arbitration.
IV. The quarter-sessions have jurisdiction over the appropriation of the county stock, an annual fund raised principally by county rates. This part of the business of the court is usually disposed of before any other, and in practice the first day of the sessions is generally ex clusively devoted to what is called " the county business." V. In common with other courts of record, justices of the peace, whether assembled in sessions, or sitting as individual magistrates, may vindicate their authority by fining and imprisoning for contempt. No superior court can inquire into the existence or non-existence of the fact which has been so treated as a contempt, or into the reasonable ness of the fine imposed or imprisonment awarded. The court of quarter-sessions has, however, no power of punishing contempts or other offences committed by one of their own body.