3. At what Time the Sessions are to be holden.

In Counties.] By stat. 11 Geo. 4, and 1 Wm. 4, c. 70, s. 25, reciting that "whereas the General Quarter Sessions of the Peace are now directed to be held in each year in the first week after the 11th day of October, in the first week after the Epiphany, in the first week after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr; and whereas it will be expedient that the times of holding the General Quarter Sessions of the peace should be altered in part": it is therefore enacted, that the justices of the peace in every county, riding or division for which Quarter Sessions of the Peace ought to be held, shall hold their General Quarter Sessions of the Peace "in the first week after the 11th day of October, in the first week after the 28th day of December, in the first week after the 31st day of March, and in the first week after the 24th day of June; and that all acts, matters and things done, performed and transacted at the times appointed by this Act for the holding of the General Quarter Sessions of the Peace, shall be as valid and binding, to all intents and purposes, as if the same had been done, performed and transacted at General Quarter Sessions of the Peace holden at the times by law limited for the holding thereof before the passing of this Act."

And before the passing of this Act, the times of holding the Sessions were regulated by stat. 36 Ed. 3, c. 12, 12 R. 2, c. 10, 2 Hen. 5, st. 1, c. 4, and 54 Geo. 3, c. 84. By stat. 36 Ed. 3, c. 12, it was enacted, that in commissions of the peace, it should be expressed that the justices should hold their Sessions four tines a year; that is to say, one within the octave of the Epiphany, another within the second week of Midlent, the third between the feasts of Pentecost and of St. John the Baptist, and the fourth within eight days of St. Michael. By stat. 12 R. 2, c. 10, the justices of the peace shall keep their Sessions "in every quarter of the year at the least," and by three days, if need be. By stat. 2 Hen. 5, st. 1, c. 4, the justices of the peace shall "make their Sessions four times by the year; that is to say, in the first week after the feast of St. Michael, and in the first week after the Epiphany, and in the first week after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr, and more often, if need be; and that the same justices shall hold their Sessions throughout the realm of England in the same weeks every year from henceforth." By stat. 54 Geo. 3, c. 84, reciting that "whereas the time now appointed for holding the Quarter Sessions for the Michaelmas quarter might be altered, so as to render the attendance at the same more generally convenient than it is at present:" it is enacted, that the Quarter Sessions for the Michaelmas quarter shall in every year be holden "in the first week after the 11th

day of October, instead of at the time now appointed for holding the same; and that all acts, matters and things done, performed and transacted, at the time appointed by this Act for holding the said Michaelmas Quarter Sessions, shall be as valid and binding, to all intents and purposes, as if the same had been done, performed and transacted at the time heretofore appointed for the holding of such Sessions." Where, since this latter Act, it was objected that an order made at the Michaelmas Quarter Sessions was bad, on the ground that the Sessions were holden on the 12th of October, the 11th being Friday, and that by the stat. 54 Geo. 3, c. 84, they could not have been legally holden before the Monday following: but the Court held, that as the statute was in the affirmative, and contained no negative words, it should be construed as directory only, as was the case with all former statutes on the subject; and therefore that this was a valid holding of the Sessions, notwithstanding the statute. R. v. Justices of Leicester, 7 B. & C. 6. This decision is equally applicable to the stat. 11 Geo. 4, and 1 Wm. 4, c. 70, s. 25, above mentioned, both statutes being very similar in the manner in which they are worded. And therefore it may now fairly be assumed, that although the justices are directed by the stat. 11 Geo. 4, and 1 Wm. 4, to hold their Quarter Sessions at the times therein mentioned, yet the holding of their Sessions at any other time will not on that account be invalid. But see stat. 4 & 5 W. 4, c. 47, infra.

As to the Easter Sessions: by stat. 4 & 5 Wm. 4, c. 47, reciting the above Act of 11 Geo. 4 and 1 W. 4, and that in some counties of England and Wales the time usually fixed for holding the Spring Assizes interferes with the due holding of the Sessions thereby appointed to be holden in the first week after the 31st March; and although the justices of peace have authority to hold General Sessions of the Peace at other times of the year besides those specified by the said recited Act, such Sessions are not Quarter Sessions within the intents of various Acts of Parliament which give jurisdiction to justices of the peace in their Quarter Sessions or in their General Quarter Sessions; and for the purpose of preventing the inconvenience arising from such interference as aforesaid, it is expedient to allow to the justices of the peace a discretion as to the time of holding their General Quarter Sessions, which are now required to be held in the week next after the 31st day of March;" it is enacted, that in every county &c. it shall be lawful for the justices assembled in their General Quarter Sessions, in the week next after the 28th day of December in every year, to name (if they shall see occasion so to do) two justices of the peace, who shall be empowered, as soon as may be after the time for holding the Spring Assizes shall be appointed, to fix the day for holding the next General Quarter Sessions of the Peace for such county, riding, or division,

so as such time shall not be earlier than the 7th day of March, nor later than the 22nd day of April, and to give notice of the day so fixed by advertisement in such newspaper as shall be directed by the justices so assembled; and in every such case, the General Quarter Sessions held on the day so fixed and notified, shall be valid, and it shall not be necessary to hold any Sessions of the Peace for such county, riding, or division in the next week after the 31st day of March, any thing in the said recited Act to the contrary notwithstanding. Provided always, that in every county, riding, and division where no other day shall be fixed in the manner herein before mentioned, the justices of the peace shall hold their General Quarter Sessions of the Peace in the week next after the 31st day of March, as by the said recited Act they are required.”

The words, the first week," in the stat. 11 G. 4, and 1 W. 4, above mentioned, must be understood to mean the first whole week after the time there specified, and the week must be consi⚫ dered as commencing on the Sunday; so that if the 11th of October, 28th December, 31st March, or 24th June, happen to fall on a Sunday, the Sessions cannot be holden on the following Monday, or during that week, but must be holden on the Monday or other day in the following week.

What we have been hitherto considering, is the time of holding the Quarter Sessions. But it appears clearly from the words "at the least in the stat. 12 R. 2, c. 10, ante, p. 14, and the words" and more often if need be " in the stat. 2 Hen. 5, st. 1, c. 4, ante, p. 14, and more particularly by the recital in the stat. 4 & 5 Wm. 4, c. 47, supra, that besides the Quarter Sessions, the justices may hold General Sessions of the Peace at such other times as they may think fit, when the business of the county may require that they should do so. See 5 Burn J. 194 n. in Middlesex, besides the four Quarter Sessions, it is usual to hold also four General Sessions, in the intervals between the Quarter Sessions. But it appears from the recital in the stat. 4 & 5 W. 4, c. 47, ante, p. 15, that where authority is given to justices in their Quarter Sessions, it cannot be exercised by them in their General Sessions. See R. v. JJ. of Carmarthen, 4 B. & Ald. 291.

And

In Boroughs.] By stat. 5 & 6 Wm. 4, c. 76, s. 105, the Recorder of every borough shall hold a Court of Quarter Sessions of the Peace in and for such borough, once in every quarter of a year, or at such other and more frequent times as the said Recorder in his discretion may think fit, or as His Majesty shall think fit to direct.

4. Officers of the Court of Quarter Sessions.

Custos Rotulorum.] The custos rotulorum is an officer to whose custody the records and rolls of the Sessions are committed. He is always one of the justices of the peace for the county, and usually a nobleman or gentleman of considerable consequence. He is nominated by the King, under the sign manual; see 37 H. 8, c. 1. 1 W. and M. c. 21, s. 4; and the warrant so signed being delivered to the Lord Chancellor, a commission of the peace is thereupou made out, which, besides being directed to the custos amongst others, contains a clause appointing him to his office in these words; " Lastly, we have assigned you, the aforesaid keeper of the rolls of our peace in our said county; and therefore you shall cause to be brought before you and your said fellows, at the days and places aforesaid, the writs, precepts, processes, and indictments aforesaid, that they may be inspected, and by a due course determined, as is aforesaid." See ante, p. 3, He performs this part of his duty by his deputy, the clerk of the peace.

Clerk of the Peace.] Up to the time of Henry the 8th, the custos rotulorum always appointed the clerk of the peace. Harding v. Pollock, 6 Bing. 25. By stat. 27 H. 8, c. 1, reciting this, and that of late several persons, unlearned, and incapable for want of learning of executing the office of clerk of the peace, had obtained by favour from the King grants of the said office for their lives; and that by reason of such their want of learning, "many and sundry indictments, as well of felony, murder, and other offences and misdemeanors, and the process awarded upon the same indictments, have been by reason thereof made clearly frustrate and void, sometimes by reason of the negligent ingrossing and keeping of the said indictments, and sometimes by reason of the embezzling or rasure of the same indictments," &c., it is enacted, by sect. that every custos rotulorum for the time being should at all times thereafter, in every county &c. nominate, elect and appoint all persons, who should thereafter be clerks of the peace within the said county, &c., and should "give and grant the said office of the clerkship of the peace to such able person, instructed in the laws of this realm, as shall be able to exercise and occupy the same, to hold and enjoy the same during the time the said custos rotulorum shall exercise the aforesaid office of custos rotulorum, so that the said clerk demean himself in the said office justly and honestly; and that it shall be lawful to every such grantees of the said clerkship, to occupy and enjoy the same office of the clerkship of the peace, by himself, or by his sufficient deputy instructed in the laws of this realm, so that the same deputy be admitted, taken, and reported by the said

custos rotulorum to be sufficient and able to exercise, occupy, keep, and enjoy the same office of the clerkship of the peace. The 5th section reserves the right of the Archbishop of York, the Bishop of Durham, the Bishop of Ely, and all bodies corporate, to whom the King had granted, or who otherwise had, the power of appointing to the offices of custos rotulorum or of clerk of the peace.

Also by stat. 1 W. & M. c. 21, s. 5, the custos rotulorum or other person, to whom of right it doth or shall belong to nominate or appoint the clerk of the peace for any county, &c., shall from time to time, when the office shall be void, nominate one able and sufficient person, residing in the said county &c., to execute the same by himself or his sufficient deputy, and to take and receive the fees, profits and perquisites thereof, for so long time only as such clerk of the peace shall well demean himself in his said office. And by sect. 8, the person so appointing shall not sell the place, or take money &c. for appointing to it, under a certain penalty; and by sect. 9 the clerk of the peace shall make oath to the contrary. See the form of the ap pointment, 1 Burn, D'Oy. & W. 627.

And by 1 Will. & M. c. 21, s. 6, if any clerk of the peace shall misdemean himself in the execution of his said office, and thereupon a complaint and charge in writing of such misdemeanor shall be exhibited against him to the justices of the peace in their General Quarter Sessions, it shall be lawful for the said justices, or the major part of them, upon examination and due proof thereof, openly in their said General Quarter Sessions, to suspend or discharge him from the said office; and in such case the custos rotulorum shall appoint another able and sufficient person to the office, or in case of refusal or neglect so to do, the justices at the General Quarter Sessions may appoint &c. See R. v. Lloyd, 2 Str. 996. R. v. Baines, 2 Salk. 680.

The clerk of the peace, though appointed by the custos rotulorum, acts as clerk to the Court of Quarter Sessions; he records all their proceedings, calls over and swears the grand and petty juries, receives the bills from the grand jury, arraigns the prisoners, charges the jury with them, receives the verdict, taxes costs, &c. As to the fees of the clerk of the peace; by stat. 57 Geo. 3, c. 91, the justices of the peace for Kent and Lancaster, at their Annual General Sessions, and the justices of the peace for every other county &c. at their General Quarter Sessions, shall make a table of the fees to be taken by the clerk of the peace, subject to the approbation of the justices of the peace at the next sessions; and when so approved of, the list shall be laid before the justices of assize, who shall ratify and confirm the same, either as already settled, or with such alterations &c. as to them shall seem just and reasonable; and (by sect. 2) the clerk of the peace shall not demand or receive other fees, under a pe