delivery may persons found Justices of gaol slaughter, rape, or other felony, for which judgment of death should or may ensue, and shall be reprieved to give judgment of death against prison without judgment at that time given against him; guilty at a for- those persons that at any time hereafter shall, by the mer commission. king's letters patent, be assigned justices to deliver the gaol where any such person found guilty shall remain, shall have full power to give judgment of death against such person, as the same justices (before whom such person was found guilty,) might have done, if their commission of gaol delivery had continued in force. And c. 14. Ir. Commission may award execu twn. 10 Car. 1. st.2. the 10 Car. 1. st. 2. c. 14. Ir. contains a corresponding clause. But this Irish statute further provides, Where prisoner that where any person shall be adjudged and condemned reprieved, or execution resof any manner of treason or felony, and shall be repited, justices of prieved, or the execution respited for any cause, every gaol-delivery undersubsequent person which shall by the king's commission be assigned justice to deliver the gaol where any such person so condemned shall remain not executed, shall have power to award execution upon such judgment against every person so condemned, as the same justice before whom such judgment was given might have done, if no cause had appeared to him for the stay, respiting or deferring of the execution, and as if his commission of gaol delivery had continued in force. The 1 Ann. st. 1. c. 8. c. 8. s. 5. Eng. Eng. is to be here stated which provides (s. 5.) that by the demise of the king or queen of this realm, [no commission of assize,] oyer and terminer, general gaol delivery, 1 Ann. st. 1. Commissions of oyer and ter miner, &c. not determined by demise of the crown. s, 4. or of association, writ of assistance, or commission of the * Vide 1 Edw. 6. c. 7. s. 6. Eng. ante, p. 216. indictment, &c. discontinued by crown.. s. 6. 27 Edw. 1.st.1. writ, process, or proceeding for any debt or account that No process upon shall be due to the crown, for lands or other reveany nue,] that shall be depending at the time of the demise demise of the of the crown, shall be discontinued or put without day by reason of their deaths or demises. By s. 6. this act shall extend to Ireland, Jersey, Guernsey, and other dominious Act extends to of the crown. And this statute is adopted in Ireland by king's dominions, the 21 & 22 Geo. 3. c. 48. Ir. And with respect to justices of assize, it was provided by the 27 Edw. 1. st. 1. c. 3. E. &. I. that justices assigned to take assizes, c. 5. E. & 1. in every county where they take assizes, immediately Justices of assize after the assizes taken in the shires, shall remain both empowered to deliver gaols, together if they be lay; and if one of them be a clerk, then one of the most discreet knights of the shire, being associate to him that is a layman by the king's writ, shall deliver the gaols of the shires, as well within liberties as without, of all manner of prisoners, after the form of the gaol-deliveries of those shires before used. And the same justices shall inquire then, if sheriffs, or any other, have let out by replevin prisoners not replevisable, or have offended in any thing against the 3 Edw. 1. c. 15. post. chap. 19. and whom they shall find guilty they shall punish according to the 3 Edw. 1. And the 2 Edw. 3. c. 2. E. & I. recites, that offenders had been 2 Edw. 3. c. 2. greatly encouraged, because the justices of gaol-delivery E. & L and of oyer and terminer had been procured by great men against the form of the 27 Edw. 1. supra; and enacts, that such justices shall not be made against the form of the said statute. The 4 Edw. 3. c. 11. E. & I. 1 Ric. 2. c. 7. E. & I, and 32 Hen. 8. C. 9. Eng. which have been already stated, ante p. 600-1-2. are to be here referred to. And by the 20 Edw. 3. c. 6. E. & I. the jus- 20 Edw. 3.c.6. tices assigned to take assizes shall have commissions sufficient to inquire in their sessions, of sheriffs, escheators, bailiffs of franchises, and their under-ministers, and also of maintainers, common embracers, and jurors in the country, and of the gifts, rewards, and other profits, which the said ministers do take of the people to execute their office, and for making the array of panels, putting in the same suspected jurors, and of maintainers, embracers, 4 C2 E. & I. 23 Hen. 6.c.10. parties. E. & I. bracers, and jurors who take gifts and rewards of the And the 23. Hen. 6. c. 10. E. & I. which prohibits sheriffs, under-sheriffs, clerks, bailiffs, gaolers, coroners, stewards, bailiffs of franchises, and other officers and ministers, from extorting money for omitting to arrest or attach any party by virtue of their office, or shewing ease or favour to those who shall be arrested, or by admitting persons to bail, or denying them the benefit of it, provides, that justices of assize in their sessions, &c. shall have power to inquire, hear and determine, of office, without special commission, of and upon all of them that do contrary to these ordinances. And by other statutes, several of which will be found in the preceding parts of this work, justices of assize are authorized or directed to exercise a criminal jurisdiction 14 Hen. 6. c. 1. in sundry cases. By the 14 Hen. 6. c. 1. E. & I. the Justices before whom inquisitions, inquests, and juries, Jurisdiction of shall be taken by the king's writ of nisi prius, shall have power in all cases of felony and treason, to give their judgc. shall ments, as well where a man is acquitted of felony or treabe taken by nisi E. & I. justices before whom inquisi tions, prius. of the peace c. 4. E. & l. sidence. son, as where he is thereof attainted, the day and place where the said inquisitions, &c. be so taken, and then from thenceforth to award execution to be made by force of the said judgments. $. 6. VI. Next as to the court of the general quarter sessions Quarter sessions of the peace. The 2 Hen. 5. st. 1. c. 4. E. & I. provides, when to be held. that the justices of the peace in every shire named of the 2 Hen. 5. st. 1. quorum, shall be resiant within the same shire, (except lords named in the commission of the peace, and also except justices of the one bench and of the other, the Proviso as to re- chief baron of the exchequer, serjeants at the law, and the king's attorney, for the time that they shall be occupied in the king's service) and shall make their sessions 4 times by the year, viz. in the first week after Michaelmas, Epiphany, Easter, and the translation of St. Thomas the Martyr, and oftener if need be; and that the same justices shall hold their sessions throughout England in the same weeks every year. 12 Ric. 2. c.10. And by the 12 Ric. 2. c. 10. E. & I. they were also required to keep their sessions in every quarter of the year at the least, by 3 days, upon pain to be punished E. & 1. at at the discretion of the king's council, at the suit of every . discontinued by The 11 Hen 6. c. 6. E. & I. recites, that divers pleas Suits, &c. bạ and processes depending before justices of peace have fore justices not been often discontinued by making of new commissions new commission of the peace. of the peace in those counties, in delay of the same 11 Hen. 6. c.6. pleas and suits, &c.; and enacts, that in all such pleas, E. & 1. suits, and processes before justices of peace, the said pleas, &c. shall not be discontinued by such new commissions of the peace, but those pleas and processes shall stand in force. And the justices in such new commissions assigned, after they shall have the records of the said pleas and processes before them, shall have power to continue the same pleas and processes; and the same pleas, &c. and all that depend upon them, to hear and determine, as the other justices might have done, if no new commission had been made. And the other statutes already stated vol. 1. p. 248—9. and ante p. 1110. are to be here referred to. c. 11. s. 2 & 4. Eng. To prevent delays of proceedings at the quarter ses- Certiorari to resions of the peace, the 5 & 6 W. & M.c. 11. s. 2 Eng.*ings before jusmove proceedenacts, that in term time no writ of certiorari, at the tices, how obpro- tained. secution of any party indicted, shall be granted out of 5 & 6 W. & M. the king's bench, to remove any indictment, or presentment of trespass or misdemeanor, before trial had, from before [+the justices in sessions,] unless such certiorari shall be awarded upon motion of counsel, and by rule of court made for the granting thereof, in open court; and all the parties indicted prosecuting such certiorari, before the allowance thereof, shall find 2 sufficient manu captors, * This statute supersedes the 21 Jac. 1. c. 8.. 7. Eng. "Justices in the courts of g neral assizes or quarter se:s ons of the peace," in 8 Ann. c. 5. Ir. "On affidavit," here added in 8 Ann. c. 5. Ir. +"Attorney" Ir. Recognizance to be certified, &c. captors, who shall enter into a recognizance [*before a justice of peace of the county or place] in the sum of £20. with condition at the return of the writ to appear and plead to the said indictment or presentment in the king's bench, and at their own costs to procure the issue that shall be joined upon the said indictment, &c. or any plea relating thereto, to be tried at the next assizes to be held for the county wherein the said indictment, &c. was found, after such certiorari shall be returnable; and if in the cities of [+London, Westminster, or county of Middlesex,] then to cause it to be tried the next term after wherein such certiorari shall be granted, or at the sitting after the said term, unless the court shall appoint another time, and if so then at such time; and to give due notice of such trial to the prosecutor or his [Iclerk] Ann. c. 5. in court: And the said recognizance shall be certified into the king's bench, with the certiorari and indictment, to be there filed; and the name of the prosecutor, (if he be the party grieved) or some public officer, shall be indorsed on the indictment: And if the person prosecuting such certiorari, being the defendant, shall not, before allowance thereof, procure such manucaptors to be so bound in a recognizance, the justices, &c. shall proceed to trial at said sessions notwithstanding such certiorari delivered. By s. 3. if the defendant prosecuting the writ of certiorari be convicted of the offence for which he was indicted, then the court of king's bench shall give reasonable costs to the prosecutor, if he be the party grieved, or be a justice of peace, mayor, bailiff, constable, headborough, tithingman, churchwarden, or overseer of the poor, or other civil officer, who prosecutes on account of any thing that concerns him as an officer, to be taxed according to the course of said court, who shail, for the recovery thereof, within 10 days after demand and refusal of payment, on oath, have an attachment granted; and the recognizance shall not be discharged till the costs are paid. And by s. 4. in the s. 3. Defendant pro secuting the writ of certiorari to pay costs, if convicted. s. 4. vacation "Before the justices to whom the same shall be delivered" in 8 Ann. r. 3. Ir. "County of Dublin, and county of the city of Dublin,” in 8 Ann. c. 5. It. |