A PRACTICAL GUIDE, &c. &c. &c. Herein of the different Descriptions of Sessions. what. THE term "SESSION of the Peace" is used Sessions to designate "a sitting of Justices of the Peace, for the execution of those purposes which are confided to them by their Commission, and by divers acts of Parliament." The words "of the Peace" are added to distinguish these Ses- sions from all others, of which there are many kinds; as ex. gr. Sessions of Parliament, Great Sessions of Wales, Court of Session in Scot- land, Session of weights and measures in Lon- Sessions of the Peace may be for jurisdic- Extent of tions of greater, or less extent, according to jurisdiction. B The King may grant a Commission of the Peace for a County, and under such commission the jurisdiction of the Justices named in it will extend over the whole of such County; or he may grant it for any particular district or portion of a County, exclusive of the jurisdiction of the Justices of the County at large; or he may by charter give the power of acting as Justices to certain Officers in towns corporate, cities, and other places. In the latter cases however, the Justices of the County at large, in which such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering-by special words in the commission or charter of the inferior jurisdiction, called technically "a non intromittant clause*. In most cities and corporate towns there are Sessions held before Justices of their own, whether the County Justices be excluded, or not; and such Sessions have authority exactly similar to the Sessions of a County, except in a very few instances; one of the most considerable of which is in appeals from orders of removal of the Poor, which tho' made by the Justices of the City or Corporation, must be carried by appeal before the Justices of the County by 8 & 9 Will. 3. c. 30. Sessions are of four kinds or descriptions. Petit; or, as they are usually denominated, Petty, Special, General, and Quarterly. 4. Term Rep. 456. PETTY SESSIONş are when two or more Justices of the Peace, of their own mere motion, meet together, to transact such business as, either by the positive direction of their commissions, or by statute, requires the presence of more than one; or where it is of such difficulty, or importance, that its interest points out the propriety of such a concurrence. Any attempt to illustrate this position, in either of its divisions, by an enumeration of instances, would either be liable to perplex by its prolixity, or might tend to make Justices overlook the cases which were casually omitted, in which the attendance of two Justices is rendered necessary. Suffice it to observe then, that in most of the Statutes passed before the Revolution, two Justices are requisite for all processes respecting the regulation of the Poor ;-for many of the convictions under statutes made for the protection of particular trades; and indeed generally for all summary convictions. Also that since that period, where new Statutes have been made, on subjects which were previously cognizable by Justices of the Peace, the ancient mode of proceeding, that is, before two Justices, has been very generally preserved― at least the deviations are less numerous than the instances of acquiescence. Under the second division of the position which has been just laid down, little need be said; since common discretion will point out Special. How convened. to every man of discernment and reasonable diffidence, the instances, in which he ought to wish only to share responsibility. It is almost unnecessary to point out particularly, as examples, such cases as concern large pecuniary interests, persons of eminent station in society, questions that admit of much ambiguity, or those of importance in which there lies no remedial process of any description, from the determination of the Justice who takes cognizance of the subject. SPECIAL SESSIONS are extraordinary meetings of Justices, convened by some proper authority, for a special purpose. Of this description (and not, as they are often erroneously denominated, petty sessions) are those directed by statute to be holden for the appointment of Overseers of the Poor, and of Highways, as also for the licencing of Ale-houses. The manner of convening these, and other, Special Sessions, which are ordered by Statute, must of course be in conformity with the words of the statutes themselves, and are generally by precept under the hands and seals of two Jus. tices of the County, Division, Riding, or Liberty; but Special Sessions, in the ordinary acceptation of that expression, which are not 'particularly directed by any Statute for any particular or specific purpose, may be convened by the Custos Rotulorum of the County, Division, Riding, or Liberty, by the Clerk of the Peace of such County, Division, Riding, or Liberty, as the Deputy of such Custos Rotulorum; or by any one, or more, Justices of the County, Division, Riding, or Liberty. The immediate instrument, by which they are convened, is a precept to the Chief Constables, and a notice addressed to all the Justices acting for the County, Division, Riding or Liberty. The purpose, for which such Special Session is convened, should also be specified in such notice. If these formalities be not observed, however numerous the meeting of Justices may happen to be, it will amount to no more than a Petty Session, and therefore will not satisfy the words of any Statute, public, or private, general, or local, which authorizes the calling of a Special Session for any particular purpose.* * An example of this occurs under the Statute of 13. Geo. 3. c. 78, for widening, diverting, and changing high-ways ;— by which, in the 19th section, it is directed that the acts to be done for this purpose shall be at a Special Session convened for the occasion :-another under sect. 10. of the Insolvent Act, of 54. Geo. 3. Other examples from private acts for local purposes, such as for certain embankments, canals, and other improvements, might be adduced. In any of these cases to have left such matters to the decision of a Petty Session, properly so called, that is, a Session of any two Justices, who might be privately convened, would have been, in many cases, to have made the Custós Rotulorum, or some other great Land Proprietor, who had perhaps the greatest interest in the subject to be decided, to all intents and purposes, (from the influence he may reasonably be supposed to possess,) the Judge in his own cause, |