8. The Court of General Quarter Sessions of the Peace.

This court must be held in every county, riding or division, once in every quarter of a year, which, by 11 Geo. IV. and 1 Will. IV. c. 70, s. 35, is appointed to be 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.

It is held before two or more justices of the peace, one of whom must be of the quorum.—-4 Bl. C. 271.

It owes its jurisdiction, so far as respects indictments, to 18 Edw. III. c. 2, and 34 Edw. III. c. 1.

The jurisdiction extends in general to all felonies and trespasses; but treason, forgery at common law, usury and perjury are held to be exceptions.-4 Bl. C. 271, notes by Ryland.

And as the commission provides that if any case of difficulty arises, they shall not proceed to judgment but in the presence of one of the justices of the King's Bench or Common Pleas, or one of the judges of assize, the court of quarter sessions usually remits murders and other capital felonies and manslaughter, for trial at the assizes.--4 Bl. C. 271.

There are some matters which particularly belong to this jurisdiction, and ought to be prosecuted at the sessions; such as offences relating to game, highways, ale-houses, bastards, settlements and provision for the poor, vagrants, servants' wages and apprentices.-4 Bl. C. 272.

The course of proceeding is sometimes by indictment, sometimes by motion and order thereupon, in a summary way.-Ibid.

In general, and unless otherwise provided by statute, the proceedings may be removed into the King's Bench by certiorari facias, and be there either quashed or confirmed. -Ibid.

It is a court of record, and its records are kept by an officer called the custos rotulorum, who is always a justice

of the quorum. He is the principal civil officer in the county, and appointed by the king's sign-manual; and he appoints another officer of the court, called the clerk of the peace.-Ibid.

There is also a court of quarter-sessions held in most corporation towns within their respective limits, which have for the most part the same authority as the sessions of the same county. But the corporation justices have no jurisdiction in appeals from orders of removals of the poor, which by 8 & 9 Will. III. c. 30. must be to the sessions of the county.

Besides the quarter-sessions, there is sometimes kept, both in counties and corporations, a special or petty session, held before a few justices, for despatching smaller business in the neighbourhood between the times of the quarter-sessions, as for passing the accounts of the parish officers, &c.-Ibid.

9. The Sheriff's Tourn; and the Court Leet, or View of Frank Pledge.

These are courts of the same description; the tourn being held before the sheriff, for each respective hundred; the court leet being held before the steward of the leet for some particular hundred, lordship or manor.-4 Bl. C. 273.

The sheriff's tourn is a court of record, and held twice every year, within a month after Easter and Michaelmas, in different parts of the county.-Ibid.

The court leet is also a court of record, held once in the year only, within the hundred, lordship, &c.—Ibid.

All freeholders and commorants are bound to attend the tourn and lect, except persons under twelve and above sixty years, clergymen, women, and the king's tenants in ancient demesne.-Ibid.

The constables of common right are to be chosen and sworn in the leet and tourn.-2 Hawk. c. 10, 11.

At the lect, a presentment may be made by the jury of all crimes within the jurisdiction; and this court has power, not only to present, but also to punish all trivial misdemeanors,

such as common nuisances and irregularities in public commons.-Ibid.

But no offence is cognizable at the leet unless it arose since the holding of the last court.—Ibid.

And the leet hath power to receive indictments of felonies at the common law only, and not felonies by act of parliament, unless specially limited thereto.-2 Hale, P. C. 71.

And though the leet may receive indictments for felony, it cannot hear and determine them, but must send them to the gaol delivery, there to be heard and determined, if the offenders be in custody; and if they are not in custody, the indictment must be removed by certiorari into the King's Bench.-Ibid.

It seems to be agreed that a presentment in the leet, of any offence within the jurisdiction of the court, being neither capital nor concerning any freehold, subjects the party to a fine or amerciament without any further proceeding, and admits of no traverse of the truth of it. But if it touch the party's freehold it may be removed into the King's Bench, and there traversed.-1 Hawk. c. 76, s. 72; 2 Hawk. c. 10, s. 76.

And upon presentment of a nuisance, the steward may either amerce the person, and order him also to remove it by such a day, under pain of forfeiting a certain sum; or he may order him to remove it under such a pain, without amercing him at all. And on presentment at another court that he hath not removed such nuisance (having had notice thereof), the pain may be recovered by distress or action of debt, without any further proceeding.-2 Hawk. c. 10, s. 32.

A court leet and court baron are usually holden together, and it seems that what is transacted therein in relation to public matters shall be applied to the jurisdiction of the court leet, and what is done in relation to private matters shall be intended to be done by the court baron.— 2 Hawk. c. 10, s. 63.

A court leet may be forfeited by misuser or nonuser.4 Mod. 56.

The tourn and lect are now little used; the business

having for the most part gradually devolved upon the quarter-sessions, which in some cases it is particularly directed to do by 1 Edw. IV. c. 2.-4 Bl. C. 274.

See further as to leet, Chitty's Burn, "Leet;" Com. Dig." Leet;" Jacob's Law Dict. "Leet," "Tourn."

10. The Court of the Coroner.

This is a court of record, held before the coroner, to inquire (when any one dies in prison, or comes to a violent or sudden death) by what manner he came to his end. (See st. Edw. I., De Officii Coronatoris.)-4 Bl. C. 274.

The judges of the Court of King's Bench are coroners virtute officii.-4 Rep. 57 b; 4 Inst. 73.

But those before whom this court of the coroner is holden are elective coroners, being persons elected into that office for every county of England; and their number in each county is usually four, but sometimes six.-1 Bl. C. 347.

The coroner is chosen by all the freeholders in the county court.

The mode of proceeding on such election is regulated by 58 Geo. III. c. 95.

By stat. Westminster 1, it was enacted that none but lawful and discreet knights should be chosen coroners; but it seems now sufficient if a man have land sufficient to be made a knight, that is, land to the amount of £20 per annum, whether he is really a knight or not.-1 Bl. C. 347.

If the coroner has not enough to answer for fines that may be set upon him for any misbehaviour, his fine shall be levied on the county, for electing an insufficient officer. ---Ibid.

The coroner is allowed fee of office by 3 Hen. VII. c. 1, and 25 Geo. II. c. 29.-Ibid.

He is chosen for life, but by stat. 25 Geo. II. c. 29, may be removed for extortion, neglect, or other misbehaviour. -Ibid. 348.

The proceedings before the coroner must be super visum

corporis, and if the body is not found the coroner cannot sit.-Ibid.

He must also sit at the very place where the death happened.-Ibid.

The inquest must be taken within a reasonable time after the death of the party.-1 Str. 22; Salk. 377.

The inquest is to be composed of a jury from four, five or six of the neighbouring towns, over which the coroner is to preside. But in practice it is summoned from the neighbourhood only.--2 Hawk. c. 9, s. 22; 1 Bl. C. 348; 1 Sid. 204; 1 Keb. 723.

The jury must consist of twelve at least, and twelve must agree.-1 Hale, P. C. 161, note. And see 4 Barn. & Cres. 138.

If any be found guilty by this inquest of murder, or other homicide, the coroner is to commit to prison for further trial, and also to inquire concerning their lands, goods and chattels, which are forfeited thereby.-1 Bl. C. 348.

Whether homicide is found or not, he must inquire whether any deodand be accrued to the king, or the lord of the franchise, by this death.-Ibid.

He must certify the whole inquisition to the Court of King's Bench, or the next assizes.-Ibid.

By 7 Geo. IV. c. 64, s. 4, every coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessary to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material, and shall have authority to bind by recognizance all such persons as know or declare anything material touching the said manslaughter or murder, or the said offence of being accessary to murder, to appear at the next court of oyer and terminer or gaol delivery, or superior criminal court of a county palatine, at which the trial is to be, then and there to prosecute or give evidence against the party charged. And every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver