4. What is a "Ward in Chancery"? (See "Encyclopædia Britannica," under heading “Infant.")

5. What was the Habeas Corpus Act of 1679, and what rights does it secure to us?

6. Discuss how far punishment should be (1) retributive, (2) deterrent, and (3) reformatory.

7. If a man is able to pay a debt and is ordered by a Court to do so, what is the punishment if he refuses to obey the order of the Court?

CHAPTER X

COURTS AND JUDGES (Continued)

JUSTICES OF THE PEACE

AMONG the oldest and most valuable public servants in our land are the Justices of the Peace, persons who, by reason of their local importance, are entrusted with a Commission from the Crown to maintain the King's Peace, and to punish those smaller breaches of the law which we call offences rather than crimes. These magistrates are appointed by the Lord Chancellor, generally upon the recommendation of the Lord Lieutenant 1 of the county, and were, up to quite recent times, always selected from among the county gentlemen of wealth and position. You have learnt, however, that the Chairmen of the County, Borough, and of the District Councils are, nowadays, Justices in virtue of their office. The very name of Justices of the Peace implies that their first duty is to keep down broils and tumults, or anything that would lead to a "breach of the peace." They had formerly to see that the roads were safe for travelling, and that robbers and highwaymen were hunted out and sent for trial at the next Assizes. Under the reigns of the Tudor and Stuart Kings the number of Justices was increased, and more duties were imposed on them by Parliament until they became practically the rulers of the county, and when they met (as they still do) at Quarter Sessions, they not only tried the prisoners who were put before them, but did many things for the regulation of the affairs of the county. For instance, they used to appoint constables to assist in preserving the peace, and also had charge of the main roads and of the county bridges, and it was the duty of the Justices to see that these were kept in good repair. Some of these very considerable powers they possess to this day. 1 Now aided by advisory committees.

Many of their duties, however, have been placed elsewhere. You have learnt (see p. 70) that the County Councils nowadays look after the main roads and bridges. The Justices have, however, a share of control (see p. 70) over the County Constabulary. But in other directions they have a considerable remnant of authority. They can issue warrants for the apprehension of suspected people, also "summonses" to bring people before them to answer certain charges.

A

66

66

66

Α warrant" is an order for a suspected person's arrest. summons is an order requiring a person to present himself at the Court upon a certain day.

The powers of the Justices are chiefly apparent when they sit at Petty or Quarter Sessions. For instance, if some neighbour's dog bit you, and you went in fear of being bitten again, and your neighbour refused to keep the dog under control, you could go to the nearest Court of Petty Sessions and ask the magistrates to issue a summons against the owner of the dog. This they would do, and a policeman would deliver the summons at the dog-owner's house. At the next sitting of the magistrates the dog-owner must appear, or send some responsible person, to explain why he did not keep the dog under control. If he did not appear or send a substitute he could be arrested. If he could not give a satisfactory explanation why the dog was allowed to be at large, the magistrates might order the dog to be put to death, or at all events kept strictly chained up.

QUARTER SESSIONS

Having learnt something about the Court of Petty Sessions, and of the magistrates who dispense justice in that Court, let us turn to the next of our Criminal Courts, in which the Bench is occupied by Justices of the Peace-those unpaid administrators of the law to whom the country owes so much.

At Quarter Sessions the magistrates can try much more serious offences than those dealt with at Petty Sessions. As their name indicates they are held every quarter, and although two justices are enough to form a Court, a large number generally attend as the occasion is one of much importance. The Court of Quarter Sessions is presided over by a Chairman,1

1 Assisted by a Clerk who is always a lawyer and styled the "Clerk of the Peace "

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who is generally a man of high position in the county, and one with a good deal of legal skill-for you perhaps know that it is a tradition in our land that a county gentleman, with large estates to manage, ought to study the law and be called to the Bar, even if he does not practise afterwards. In Town, the Quarter Sessions of the Borough Magistrates are presided over by the Recorder-a barrister of high standing, appointed by the Crown on the recommendation of the Lord Chancellor. A jury is usually summoned to assist the Chairman or Recorder at Quarter Sessions. Very large powers of punishment-even penal servitude-are entrusted to this court, but murder and some of the very grave crimes cannot be taken at Quarter Sessions, and must be sent to the Assizes for trial.

THE JURY-PETTY AND GRAND

To serve on a jury is a duty which may, and generally does, fall on every citizen at some time or other in his life. Juries are always employed in criminal cases at the Assizes and at Quarter Sessions. There is, too, usually a jury at Coroner's inquests, and sometimes they are demanded in civil cases in the King's Bench Division at the Law Courts in London, and in the various County Courts. Thus you see there are plenty of occasions on which a householder may find himself summoned for jury-service. In London, indeed, where there are so many courts, and where all the very heavy cases are tried-many of them occupying several days, and even weeks-the burden of jury-service is very great, and tradesmen have sometimes been ruined by being kept so long from their business. But though these hardships undoubtedly occur, the method of trial by a jury of one's fellow citizens is rightly regarded as one of the greatest bulwarks of our ancient liberties.

In our country the jury is chosen indiscriminately from a long list of people living in the neighbourhood. In a criminal trial it is the jury's duty to hear all that is said for and against the prisoner or defendant, to listen to what the judge tells them about the law, and then to say whether they think the prisoner "guilty" or "not guilty." A very trivial payment is made to jurors, though "special jurymen," drawn from a higher rank in life, receive a fee of one guinea for every case.

The great use of a jury is to determine questions of fact.

When a number of men are taken at random, it is very unlikely that they are all friends or enemies of the parties. It is much more likely that they will be unknown to them, and therefore will form an impartial tribunal.

Since 1919 women may serve upon a jury. You must decide for yourselves whether you think it has been wise to admit women to this arduous and often painful duty of citizenship.

The juries of which we have been speaking are styled in legal language Petty (i.e. small) juries, and it may interest you to read the quaint and ancient form by which London citizens are summoned to the Old Bailey to serve on a Petty Jury in the Central Criminal Court (see p. 94).

COUNTY OF LONDON. By virtue of a warrant from the Sheriff of the County of LONDON to me directed, I summon you to be and appear before HIS MAJESTY'S Judges and Justices, at the Central Criminal Court in the OLD BAILEY in the suburbs of the City of London on 19 at HALF PAST TEN of the clock in the forenoon PRECISELY to do such things which on the part of our Sovereign Lord the KING then and there shall be enjoined you.

day the

of

Whereof fail not as you will answer the contrary at your peril

N.B. The production of this Summons will facilitate sion into the Court.

your admis

NOTE. That if any Juror shall not appear pursuant to this Summons, the Court will set a fine upon him, unless some reasonable excuse shall be proved by Oath or Affidavit WHICH MUST BE SWORN IN COURT. No notice will be taken of Medical Certificates or other communications sent to the Summoning Officer.

1 Under the Sex Disqualification (Removal) Act.