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Encyclopedia Britannica - Main :: BAR-BEC |
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BARRACKS, CAMP , and CANTONMENTS). I calendar, later in 183o by specifying the first week after theThere are many technical uses of the word, in which the 11th of October, 28th of December, 31st of March and 24th of original
week of mid-Lent, were formerly named " prick posts "; in farriery, to one side and between Whit Sunday and Midsummer Daygiving 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 officio justices. The quorum of the court is fixed by the commission of the peace at two. At one time certain specified justices described as of the 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 parts of Lincolnshire (Lindsey, Kesteven and Holland), the isle of Ely and the rest of Cambridgeshire, the soke of 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 paid chairman and deputy chairman, who must be barristers of at least ten years' standing
Lancaster
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
standing
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 1835, 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 excisable 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 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
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
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 imprisonment without the option of a fine. 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 the right to appeal has been swept away by the Summary Jurisdiction Act 1884. 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. 8o). The process by which this..result was attained is traced in Webb's English Local Government (1907, vol. i.). The effect of the change was the supersession 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 original., 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. 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 18i9 and 1884. In substance their only original jurisdiction in civil or quasi-civil matters is now in cases of apprentice-ship (5 Elie. c. 4) and articles of the peace (i 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 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 Office 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 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 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. e. 93; 40 & 41 Vict. C. 56). In Ireland quarter sessions courts are held before a salaiied 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 datirg from 1851to 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. 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.) QUARTER-STAFF, a staff of wood from 6 to 9 ft. in length, used as a means of attack and defence; originally no doubt it was the cudgel or sapling with which many heroes are described by early writers as being armed. The quarter-staff attained great popularity in England in the middle ages. It was usually made of oak, the ends often shod with iron, and it was held with both hands, the right hand grasping it one quarter of the distance from the lower end (whence the name) and the left at about the middle. Egerton Castle (Schools and Masters of Fence) says that the staff was the " foil," or practice-substitute for the long sword, or two-hander. In earlier times it may also have been used as a practice weapon for the spear and bill. In the prints illustrative of the life of Richard Beauchamp, earl
At the present time the quarter-staff is used to a limited extent in military circles as a school for bayonet play. It is somewhat lighter than the old weapon, being usually made of bamboo and about 8 ft. long. Sabre-masks, gloves, padded jackets and shin-guards are worn. Another kind of staff, called by Captain A. Hutton (Cold Steel) the Great Stick, about 5 ft. long and made of stout rattan, is used in the French and Italian armies in general gymnastic exercises and as a school for bayonet play. The Italian method rather resembles that of the old two-handed sword, while the French approaches more closely to English quarter-staff play. See Quarter-Staff, -by T. A. McCarthy (London, 1883) ; Broadsword and Singlestick, by R. G. Allanson-Winn and C. Phillips-Wolley (London, 1898). End of Article: BARRACKS, CAMP If you wish, you can link directly to this article.
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