1911 Encyclopædia Britannica, Volume

22 — Quarter Sessions, Court of

Exported from Wikisource on August 22, 2022

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QUARTER SESSIONS, COURT OF, in English law, the
name for the justices of the peace of any county, riding,
parts, division or liberty of a county, or of any county of a
city or county of a town, in general or quarter sessions
assembled; it includes the court of the recorder of a
municipal borough having a separate court of quarter
sessions. The word “ general ” in this context is contrasted
with “ special ” or “ petty.” The court is a local court of
record having a limited criminal jurisdiction, and also to
some extent civil jurisdiction. As a court of record it has, in
addition to its other jurisdiction, power to punish summarily
without the assistance of a jury con tempts committed in its
presence, such as insults to the justices or disturbance of its
proceedings. At the present time the whole of England and
Wales is within the local jurisdiction of some court of
quarter sessions. But the history of the court in counties is
quite distinct from its history in boroughs.

Counties.—As regards counties the court originated in

statutes of 1326, 1344 and 1360, which provided for
justices in counties, and the commission of the peace. The
court derived its name from the direction in a statute of
1388 that the “ justices shall keep their sessions in every
quarter of the year at the least.” By a statute of 1414 they
were directed to make their sessions four times in the year:
that is to say, in the first week after the feasts of St Michael,
the Epiphany, the clause of Easter and the translation of St
Thomas the Martyr, and more often if need be.[1] These

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dates have only been slightly varied, first in 1814 in
consequence of the adoption of the Gregorian calendar,
later in 183O by specifying the first week after the 11th of
October, 28th of December, 31st of March and 24th of Tune
respectively, instead of the church feasts; and in 1894 by

giving the justices a limited power of fixing their sessions

so as not to clash with the assizes. It will be seen that the
statutes do not limit the justices to four sessions a year: and
they are free to sit oftener by adjournment of the quarterly
sessions to another time, and even to another place, in their
county, or to hold additional sessions. All the sessions thus
held are* “ general, ” though not all may be “ quarter”
sessions. The Assizes and Quarter Sessions Act 1908 gave
the useful power of dispensing with the holding of quarter
sessions if there is no business to transact.

Constitution of the Court.-Such a court sits for every

judicial county in England, and is composed of two or more
of the justices in the commission of the peace for the
county, including ex ojicio justices. The quorum of the
court is fixed by the commission of the eace at two. At one
time certain specified justices described as olpthe quorum
must be present, but under the present commission there are
no such persons. In certain counties more than one
commission of the peace is issued, e.g. for the three ridings
of Yorkshire (N. E. and W.) and the liberty of Ripon, the
three arts of Lincolnshire (Lindsey, Kesteven and Holland),
the isle ofp Ely and the rest of Cambridgeshire, the soke of

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Peterborough, and the rest of Northamptonshire! In all
counties, &c., except that of London, the justices in the
commission elect a chairman and 'vice chairman, neither of
them necessarily a lawyer, to preside at the sittings of the
court. In the county of London there are a aid chairman and
deputy chairman, who must be barristers of at fgast ten
years' standing, and are appointed by the crown. There is
special legislation as to quarter sessions in the county
palatine of Lancaster; and in the Salford Hundred of that
county there is a paid chairman. There is also special
legislation as to Kent, and arrangements have been made by
which in Sussex and Suffolk the quarter sessions for the
east and west divisions are virtually distinct courts. Under
the Quarter Sessions Act 1858 the court may sit in two
divisions of at least two justices at the same time and place,
but not simultaneously in separate parts of the same county,
except under statutory authority as in London.

The court may sit while the assizes for the county are being
held, but usually refrains from doing so because of the
inconvenience which would be occasioned, and adjusts its
sittings so as to avoid clashing with the assizes. The chief
officer of the court is the clerk of the peace, who acts as
clerk to the court, records its proceedings, calls and swears
the juries, draws many of the indictments, receives the bills
returned by the grand jury, arraigns the prisoners and taxes
the costs. In a county he is a pointed by a standing j'oint-
committee of the quarter sessions ancl)the county council,
and as charge of, and responsibility for, the records and
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documents of the county subject to the directions of the
custos rotulorum or the quarter sessions or the county
council (Local Govt. Act 1888, s. 83). Boroughs.—The
jurisdiction of the court of quarter sessions of a borough
does not depend upon the commission of the peace, but
upon the Municipal Corporations Act 1882. Many boroughs
have a separate commission of the peace (which does not
contain the words of the county commission giving
jurisdiction to try indictments), but have not received the
grant of a separate court of quarter sessions: and such
boroughs are within the jurisdiction of the court of quarter
sessions for the county within. which the borough lies.
Before the Municipal Corporations Act 183 5, many
boroughs had criminal jurisdiction under their charters.
Under that act and the act of 1882 a grant of quarter
sessions to a city or borough is made by the crown in
council on petition of the town council. The recorder, a
barrister of not less than five years' standing appointed by
the crown, is sole judge of the court, though the mayor can
adjourn it in the absence of the recorder; he has a discretion
to fix his own dates for the holding of the court, so long as
he holds it once in every quarter of a year; and it may be
held more frequently if he think fit, or a secretary of state so
directs; he has no power to allow, apportion, make or levy a
borough rate or to grant a licence for the sale of excusable
liquors by retail; a deputy may be appointed by the
recorder, or in the event of his being unable to make the
appointment by a secretary of state. Subject to these

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qualifications the court has the same jurisdiction as county
quarter sessions.

The city of London is not subject to the Municipal

Corporations Act 1882, and its court of quarter sessions is
created by the city charters, and is held before the mayor
and aldermen with In the soke of Peterborough
commissions of oyer and terminer, and gaol delivery, as
well as a commission of the peace, are issued.

the recorder. It does not now sit to try indictments, which all
go to the Central Criminal Court.,

There is special legislation as to quarter sessions in the

Cinque Ports. In a borough the clerk of the peace is
appointed by the town council and holds office during good
behaviour (Municipal Corporations Act 1882, s. 164).

Criminal Jurisdiction, Original.-Courts of quarter sessions

in Counties and boroughs have both original and appellate
jurisdiction depending on the commission of the peace and
on legislation beginning in 1344. This jurisdiction is
derived in counties from the commission of the peace,
which directs the justices “ to inquire the truth more fully
by the oath of good and lawful men of the county, by whom
the truth of the matter shall be better known of all manner 0
crimes, trespasses, and all and singular other offences of
which the justices of our peace may or ought lawfully to
inquire, " “ and to hear and determine all and singular the

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crimes, trespasses and offences aforesaid ” “according to
the laws and statutes of our realm.” “Provided always that if
a case of difficulty upon the determination of any of the
premises before you shall happen to arise then let judgment
in no wise be given ” “ unless in the presence of one of the
justices of assize for the county." This proviso has 1 been
read as requiring the justices to reserve the graver felonies
for trial at the assizes, or to transmit to assizes indictments
found at quarter sessions which raised difficult questions.
Quarter sessions never dealt with forgery or perjury, but at
one time assumed jurisdiction over almost every other form
of crime. By the Quarter Sessions Act 1842 and subsequent
legislation, they are forbidden to try the following offences:
treason or misprision of treason; murder, capital felony or
any felony (except burglary) which is punishable on a first
conviction by penal servitude for life; offences against the
king's, title, prerogative, person or government, or against
either House of parliament; offences against the Oliicial
Secrets Act 1889; offences subject to the penalties of
praemunire; blasphemy and offences against religion, and
composing or publishing blasphemous, seditious or
defamatory libels; administering and taking unlawful oaths;
perjury and subordination and making or suborning another
to make a false oath, declarations or affirmations punishable
as perjury or as a misdemeanour; abduction of women and
girls and offences under the Criminal Law Amendment Act
1885; bigamy and offences against the laws of marriage;
concealment of birth; bribery and corruption at elections or
of agents or public officials (but they can try offences
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against the Public Bodies Corrupt Practices Act 1889);
setting tire to crops, woods and heaths; stealing or
destroying certain classes of documents; offences against
the factor sections (ss. 75-85) of the Larceny Act as
amended by the Larceny Act 1901; and conspiracies to
commit offences which the court could not try if committed
by one person. Trials before the court with a jury are
governed by the same procedure as trials on indictment in a
court of assize. Under the Vagrancy Act 1823 and amending
acts, they have special powers of sentencing incorrigible
rogues sent to them by courts of summary jurisdiction, and
under the act of 1360 and the commission of the peace they
-can, but now rarely do, exercise an original and summary
jurisdiction as to articles of the peace (see
RECOGNIZANCE), They have power to estreat
recognizances entered into before themselves or before
courts of summary jurisdiction and returned to them for
record or forfeiture, but by the Summary jurisdiction Act
1879 the exercise of the latter power has been rendered
unnecessary.

Appellate.-An appeal lies to quarter sessions from

convictions by a court of summary jurisdiction only where
such an appeal is expressly given by statute. The number of
statutes giving such right of appeal is very great. The
appellate jurisdiction has been considerably increased by
the Summary jurisdiction Act 1879, which allows (s. 19) an
appeal (with certain exceptions) from every conviction or
order of a court of summary jurisdiction inflicting
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imprisonment without the option of a line. The appeal may
be brought in accordance with the act giving the appeal or
the Summary jurisdiction Acts. Most of the special
procedure in statutes giving Que rigfét to appeal has been
swept away by the Summary jurisdiction ct 1 4.

Civil Jurisdiction, Original.-Originally the county justices

were confined to the exercise in or out of sessions of the
powers given by the commission of the peace and of certain
statutory duties as to rioters, &c. Under the Tudors and
Stuarts the justices acting under the supervision of the Privy
Council and the court of king's bench gradually became the
rulers of the county in administrative and social as well as
judicial matters (F. W. Maitland, Justice and Police, 1885, p.
80). The process by which thi, s. result was attained is
traced in Webb's English Local Government (1907, vol. i.).
The effect of the change was the super session by nominees
of the crown of the common law authorities and officers of
county, hundred and township. But the change extended
only to a small extent to municipal boroughs. By legislation
in and since 1888 most of the administrative powers and
duties of justices in general and quarter sessions have been
transferred to the incorporated and elective councils' of
counties, boroughs and urban and rural districts. But the
justices still possess certain originaf, civil or quasi-civil
jurisdiction with respect to the extinction of licences to sell
intoxicants, and jointly with the county councils over the
county police, and as to closing highways, and also powers
as to fixing the petty sessional divisions of their county.
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Appellate.—Theoretically quarter sessions have original
jurisdiction in any matter as to which two justices have
jurisdiction, unless the statute giving the jurisdiction gives
an appeal to quarter sessions as a result of this rule. Most of
the civil jurisdiction of quarter sessions is now appellate,
'i.e. with reference to orders made by justices out of quarter
sessions as to the settlement and removal of paupers, or
under the Highway, Licensing and Bastardy Acts, or as to
appeals against assessments or rating. The procedure as to
each form of appeal depends partly on the statute by which
it is given and partly on the general provisions of the
Summary Jurisdiction Acts 1879 and 1884. In substance
their only original jurisdiction in civil or quasi-civil matters
is now in cases of apprenticeship (5 Eliz. c. 4) and articles
of the peace (1 Edw. III. st. 2, c. 16).

Appeal from Quarter Sessions.—There is no appeal

properly so called from quarter sessions to the High Court
either on facts or law. But decisions on law may be
reviewed by the High Court (king's bench division) by
means of certiorari, mandamus or prohibition; convictions
on indictment before courts of quarter sessions are within
the provisions of the Criminal Appeal Act 1907 (see
APPEAL), except convictions on indictments for obstruction
or non»repair of a public bridge, highway or river, from
which an appeal lies to the court of appeal in the same way
as in the case of civil actions tried at assizes. Quarter
sessions have also power to reserve a special case for the
High Court on conviction or indictment (Crown Cases Act
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1848), and also in other cases to consult the High Court by
special case stated under the commission or under the
Quarter Sessions Act 1849. Questions of law alone can be
referred by special case, and there is no means of
compelling the court to state a case. The procedure as to
cases not within the acts of 1848, 1849 and 1907 is
regulated by the Crown Ofhce Rules of 1906, and s. 2 of the
judicature Act 1894, which gives the High Court certain
powers of drawing inferences of fact from the evidence
taken in the court below.

Scotland.—Justices of the peace were established in

Scotland by act of 1587, c. 82, and quarter sessions by act
of 1661, c. 338 (I2mo edition, c. 38), which directs that the
justices of peace in each respective-shire shall meet and
convene together four times in the year, on the first Tuesday
of March, May and August, and the last Tuesday of
October, to administer justice to the people on things that
are within their jurisdiction, and punish the guilty for faults
and crimes done and committed in the preceding quarter.
The obsolete details in this act were repealed in 1906, but
the power of requiring law burrows, i.e. sureties to keep the
peace, is preserved. By the Union with Scotland
Amendment Act 1707 provision was made for appointing
justices of the peace in shires, stewartries and burghs in
Scotland: and the justices to be appointed are given
authority to exercise whatever doth appertain to the office
and court of a justice of peace by virtue of the laws and acts
of parliament made in England before the Union in relation
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to and for the preservation of the public peace. “Provided
that in the sessions of the peace the methods of trial and
judgments shall be according to the law of Scotland.” The
quarter sessions do not sit for the trial of indictments, but
have powers of reviewing the decisions of justices in petty
sessions (see SUMMARY JURISDICTION). This power extends,
inter alia, to revenue cases and cases under the
Pawnbrokers Acts. Their jurisdiction as to the grant and
refusal of liquor licences was taken away by the Licensing
Scotland Act 1903, but they still have appellate jurisdiction
as to offences under the Licensing Acts, ss. 101–103. An
appeal lies to the Circuit Court of justiciary unless the
statute under which they act otherwise provides. In criminal
matters their functions are not considerable, most of the
work done by justices in England being in Scotland dealt
with by the sheriff or his substitutes, or by stipendiaries in
the great cities. Their decisions in criminal cases are
reviewable by the Court of justiciary and in revenue cases
by the court of exchequer. Their original jurisdiction is very
limited and almost wholly civil. Thus they have power to
divide a county and to make rules for the purposes of the
justices of the Peace Small Debts Acts 1825 and 1849.

Ireland.—In Irish municipal boroughs a court of quarter

sessions may be granted and a recorder appointed under an
act of 1840. In the case of Dublin, Cork, Belfast,
Londonderry and Galway, the office of recorder may be
united with that of chairman of quarter sessions for the
adjoining county. The general criminal jurisdiction of the
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quarter sessions has the same origin and is on the same lines
as in England; but the limitations imposed as to offences
which may be tried are not so narrow as in England. The
sessions, &c., are regulated in the main by an act of 1851.
The appellate jurisdiction rests on different statutes from
those applicable to England, but is on the same lines (see 14
& 15 Vict. c. 93; 40 & 41 Vict. c. 56). In Ireland quarter
sessions courts are held before a salaried officer once styled
the assistant barrister and now chairman, who is usually
also judge of a civil bill court (the Irish county court), or
recorder of a neighbouring city or borough. The
appointment and tenure of office of the chairman is
regulated by statutes dating from 1851 to 1889. The
jurisdiction of the court is not limited by the Quarter
Sessions Act 1842.

India.—In India courts of record were established in

Madras and Bombay, originally styled mayors’ courts and
subsequently made recorders’ courts, with a jurisdiction
corresponding as to criminal matters to that of a borough
court of quarter sessions in England. Throughout India there
are under the Criminal Procedure Code of 1898 courts of
sessions in each province for the purpose of criminal
jurisdiction, which take the place of assizes and quarter
sessions in England. They are under the supervision of the
High Courts; but can try and sentence for any crime, subject
as to sentences of death to confirmation by the High Court.

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Canada.—In Canada courts of general quarter sessions
exist in some provinces, e.g. Quebec. In New Brunswick
they are replaced by the county court. Their jurisdiction to
try indictable offences is defined by Part 42 of the Criminal
Code 1892.

Australia.—In Queensland the place of quarter sessions is

taken by the district courts, which have a criminal
jurisdiction substantially the same as that of the English
court of quarter sessions (31 Vict. No. 30, s. 117). In New
South Wales quarter sessions continue. In Victoria a court
of general sessions has been created by statute with powers
closely resembling those of the English court of quarter
sessions (re Dunn, 1906, Victoria State Rep. 493).

United States.—Courts of quarter sessions exist in many of

the states; their jurisdiction is determined by state
legislation, and extends as a rule only to the less grave
crimes. They are in most, if not all, states held before
professional judges. (W. F. C.)

1. ↑ An earlier statute not repealed (36 Edw. Ill. c. 12)

fixes the third and fourth sessions differently, viz.
second week of mid-Lent. and between Whit Sunday
and Midsummer Day

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