of Ireland, in Hilary and Trinity vacations, before one of the going judges of assize. The whole of Ireland, except the county and city of Dublin, being divided into six circuits, the judges meet in the course of each issuable term, and according to seniority, select their circuits, the chief justices and chief baron having the first choice. Two judges being thus allotted to each circuit, the senior judge presides in the crown court at the first town on circuit, while his colleague sits in the civil court, after which they preside alternately in each.

NOTE.

missioners.

This power of the judges, which is altogether derived from Of the powers their commission, will of course cease when the commission of the comceases to be operative; and this will happen, if the commission be actually suspended by a writ of supersedeas, which may be issued on proof that the commission has been unduly granted. But then the power of the justices may be restored by a procedendo, without any new commission. 2 Hawk. c. 5, s. 3. Or the commission may be determined;-1st, by the duties being actually discharged; 2ndly, by an absolute repeal or countermand; 3rdly, by the demise of the crown, after which event a commission granted during pleasure cannot last longer than six months, 7 & 8 Will. 3, c. 27, s. 21, Eng.; 21 & 22 Geo. 3, c. 48, s. 3. 4thly, by granting to other persons a new commission of the same nature with the former. 2 Hawk. c. 5, s. 8. But the old commissioners must have notice of the new commission. Id. ibid. A commission appointed pro hac vice only, will be determined by holding a session without adjournment; but a commission granted for a certain time, or quamdiu nobis placuerit, does not necessarily require adjournment; and if the court holden under it be broken up without any valid adjournment, it may be holden again on a new summons, 2 Hawk. c. 5, s. 7. If a commission of Oyer and Ter miner be awarded to certain persons to inquire at a certain place, they cannot open their commission at another place, nor adjourn it thither, nor give judgment there; and if they do, all the proceedings are coram non judice. 2 Hawk. c. 5, s. 14. All acts done by commissioners in that capacity ought to be during their sitting. Mountcan v. Wilson, Str. 568. Justices of Oyer and Terminer and Gaol delivery may try offences of any degree whatsoever, even high treason; and, in their latter capacity, may proceed upon indictments found before other justices, and deliver the gaol of all prisoners acquitted, or against whom, upon proclamation made, no evidence shall appear to indict them; and may order the execution or reprieve of persons condemned before them. 2 Hawk. c. 6, ss. 2, 6, 8. But it is not imperative on a justice of gaol delivery, to discharge all the prisoners in a gaol, who are not indicted. He may continue on their commitments, those against whom witnesses do not appear, having been bound over to the sessions. Russ. & Ry. 173. The going judges of Assize and Gaol delivery, after

NOTE.

Special com. missions.

their commission is sealed, and after the several circuits have been struck, issue their precept to the several sheriffs of the counties in which the court is to be held, requiring them to summon jurors, proclaim the assizes, and give notice to all justices, coroners, constables, and other officers to be present thereat; which precept is made returnable at the place for holding the assizes, and at a period of not less than fifteen days. 2 Hale, 32; 16th Rep. of Com. of Inq. 123, 136. But even without the solemnity of this summons, justices of Gaol delivery may command the sheriff, ore tenus, to return a panel without any precept in writing to him, (as is necessary in cases of justices of Oyer and Terminer,) because there is a general command to the sheriff by the summons of the gaol delivery, to return twenty-four to try prisoners. 2 Hale, 34. Justices sitting under several commissions, as of Oyer and Terminer, Gaol delivery, and of the Peace, may make up their record by any or all of them; and if good under any of them, it is sufficient, for the best shall be taken for the king. 2 Hale, 34. A court of General Gaol delivery may prohibit the publication of proceedings, pending a trial, and can enforce obedience to its order, by imprisonment or fine. R. v. Clement,

4 B. & Ald. 218; In re Clement, 11 Pr. 68.

Besides the ordinary commissions of Oyer and Terminer, and General Gaol delivery, which we have noticed; special commissions are issued as often as the exigency of the times may require it, for the trial and punishment of certain offenders therein mentioned. The course of proceeding under these commissions, is nearly the same as under the others. 4 Bl. Com. 270.

CHAPTER IV.

OF THE COURT OF ASSIZE AND NISI PRIUS.

20 Rich. 2, c. 3, Eng.-Item, the king doth will and forbid, No person that no lord, nor other of the country, little nor great, shall sit shall sit upon the bench upon the bench with the justices to take assizes, in their sessions in with the the counties of England, upon great forfeiture to the king; and judges of hath charged his said justices, that they shall not suffer the contrary to be done.

assize.

treason or

14 Hen. 6, c. 1, Eng.-First, our said lord the king hath Judges at nisi prius ordained by authority of the said parliament, that the justices, may give before whom inquisitions, inquests, and juries, from henceforth judgment in shall be taken by the king's writ, called Nisi prius, according to cases of the form of the statute thereof made, shall have power of all the felony. cases of felony and of treason, to give their judgments as well where a man is acquit of felony or of treason, as where he is thereof attainted, at the day and place where the said inquisitions, inquests, and juries be so taken, and then from thenceforth to award execution to be made by force of the same judgments.

other offences

59 Geo. 3, c. 46.-Whereas appeals of murder, treason, felony, and other offences, and the manner of proceeding therein, have been found to be oppressive; and the trial by battel in any suit, is a mode of trial unfit to be used; and it is expedient that the same should be wholly abolished: be it Appeals of therefore &c., that from and after the passing of this act, all murder and appeals of treason, murder, felony, or other offences, shall abolished. cease, determine, and become void; and that it shall not be lawful for any person or persons, at any time after the passing of this act, to commence, take, or sue appeal of treason, murder, felony, or other offence, against any other person or persons whomsoever, but that all such appeals shall from henceforth be utterly abolished; any law statute or usage to the contrary in anywise notwithstanding.

1 & 2 Will. 4, c. 31(a), s. 4.—That upon all trials for felo- Judges of nies or misdemeanors upon any record of the court of King's

(a) Entitled "An act to improve the administration of justice in Ire

assize may pronounce

land."

c. 31.

judgment on all cases of felony or misdemeanor

tried before

them upon record.

1 & 2 W. 4, Bench, judgment may be pronounced during the sittings or assizes by the judge before whom the verdict shall be taken, as well upon any person who shall have suffered judgment by default or confession upon the same record, as upon any person who shall be tried and convicted, whether any such person respectively be present or not in court, excepting only where the prosecution shall be by information filed by leave of the court of King's Bench, or such cases of information filed by his majesty's attorney general wherein the attorney general shall pray that the judgment may be postponed; and the judgment so pronounced shall be indorsed upon the record of Nisi prius, and afterwards entered upon the record in court, and shall be of the same force and effect as a judgment of the court, unless the court shall, within six days after the commencement of the ensuing term, grant a rule to shew cause why a new trial should not be had, or the judgment amended(a); and it shall be lawful for the judge before whom the trial shall be had, either to issue an immediate order or warrant for committing the defendant in execution, or to respite the execution of the judgment upon such terms as he shall think fit, until the sixth day of the ensuing term; and, in case imprisonment shall be part of the sentence, to order the period of imprisonment to commence on the day on which the party shall be actually taken to and confined in prison.

NOTE.

Justices of Assize and Nisi prius, when sitting in that capacity, possess no original jurisdiction whatever in hearing and determining indictments of felony. 2 Hale, 40. Their jurisdiction in criminal matters seems to be confined to cases of criminal information and of indictments, either originating in, or removed to the court of King's Bench, from which the records are sent down to the county in which the indictment was found, to be tried there at nisi prius. 2 Hale, 39. The record is, in form, pretty nearly the same as in a civil action, the plaintiff being " W. B., coroner and attorney of our lord the king."

66

(a) A defendant thus sentenced cannot apply to the King's Bench to amend the judgment by diminishing the punishment, upon ordinary affidavits in mitigation, without shewing some specific defect in the sentence, or some matter which could not have been adduced at the assizes. R. v. Lloyd, 4 B. & Adol. 135.

CHAPTER V.

OF THE COURT OF ADMIRALTY.

13 Rich. 2, c. 5, Eng.—Item, Forasmuch as a great and common clamour and complaint hath been oftentimes made before this time, and yet is, for that the admirals and their deputies hold their sessions within divers places of this realm, as well within franchise as without, accroaching to them greater authority than belongeth to their office, in prejudice of our lord the king, and the common law of the realm, and in diminishing of divers franchises, and in destruction and impoverishing of the common The court of admiralty people; (2) it is accorded and assented, that the admirals and their shall take deputies, shall not meddle from henceforth of any thing done cognizance within the realm, but only of a thing done upon the sea, as it only of hath been used in the time of the noble prince king Edward, committed grandfather of our lord the king that now is.

offences

on the sea.

shall have

15 Rich. 2, c. 3, Eng.—Item, At the great and grievous complaint of all the commons made to our lord the king in this present parliament, for that the admirals and their deputies do incroach to them divers jurisdictions, franchises, and many other profits pertaining to our lord the king, and to other lords, cities and boroughs, other than they were wont or ought to have of right, to the great oppression and impoverishment of all the commons of the land, and hindrance and loss of the king's profits, and of many other lords, cities, and boroughs through the realm; (2) it is declared, ordained, and established, that The court of of all manner of contracts, pleas, and quarrels, and all admiralty other things rising within the bodies of the counties, as well no jurisdicby land as by water, and also of wreck of the sea, the admiral's tion of concourt shall have no manner of cognizance, power, nor jurisdic- arising on tracts, &c. tion; but all such manner of contracts, pleas, and quarrels, and land. all other things rising within the bodies of counties, as well by land as by water, as afore, and also wreck of the sea, shall be tried, determined, discussed and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant, in any wise. (3) Nevertheless, of the death of a man, and of The admia maihem done in great ships, being and hovering in the main ralty may inquire of stream of great rivers, only beneath the bridges (a) of the same death or

(a) The words in the original are "paraval les pountz," which, it is said, have been mistranslated as above, but ought to have been interpreted