justices, holden not of their own mere motion and private agreement, but on a special occasion, for the execution of some particular branch of their authority (s), after reasonable notice to all the other magistrates of the hundred, or other division () of the county, city, &c., for which it is convened and holden (u); which notice has been served personally or by post, subject to 7 & 8 Vict. c. 33,-which see, p. 17.

Special distinguished from Petty Sessions, and Enumerated.]-The important distinction between a special and a petty session consists in this, that to constitute a legal special session every magistrate of the division must have had an option presented to him of attending it, and taking part in the proceedings. The meetings of justices in petty sessions are notwithstanding frequently confounded with their assemblies in special sessions: and sometimes by the legislature itself (x).

Before considering the legal mode of giving the requisite notices of holding a special session, we will direct our attention to the different special sessions required by law to be holden at particular periods; as for appointing overseers of the poor by 43 Eliz. c. 2, and 54 Geo. III. c. 91, on the 25th March, or within fourteen days after (y), and for licensing alehouses and victualling-houses to sell exciseable liquors by retail, to be drunk or consumed on the premises, on some day between 20th August and 14th September inclusive, except in Surrey and Middlesex, where the meetings must be held within the first ten days of March; and for appointing the days of holding not less than eight nor more than twelve special sessions in the year, for executing the purposes of the highway act, which, by sec. 45 of stat. 5 & 6 W. IV. c. 50, are to be so appointed at a special sessions to be held within fourteen days after every 20th March.

() 2 Hawk. P. C. c. 8, s. 18, Edit. 1795.

(†) Viz. legal division: e. g. those of Lincolnshire, post, p. 24, Evans v. Steerens, 4 T. R. 224-459. Quære as to legal existence of what are usually called "divisions" of counties, ibid, see post.

(u) See per Bayley, J. in R. v. Justices of Worcestershire, 2 B. & Ald. 228.

(x) See the term " Special petty session" in the Jury Act, 6 Geo. IV. c. 50, s. 9, 45, post; also in the act regulating liability of hundreds for malicious damage, 3 Geo. IV. c. 33, s. 2; Reg. v. Rawline, 8 C. & P. 339, and in the Parish Constable's Act, 5 & 6 Vict. c. 109, s. 1.

Act provided to be done at petty sessions, if done by two justices in fact, is good, though laid as done at special sessions. See Newman v. Bendyshe (10 Ad. & E. 11), 2 P. & D. 340.

(y) The third edit. of this work states this duty as that of a "special" sessions; for 59 Geo. III. c. 12, s. 6, speaks of the sessions held for this purpose as such. But as 43 Eliz. c. 2, vested the power of appointing overseers in "two justices," without attaching the terms "in special session," it might well have been questioned before 59 Geo. III. c. 12, whether this was not one of the instances in which petty and special sessions are confounded.

In like manner, by the new game act, 1 & 2 W. IV. c. 32, a special session is to be held annually in the month of July, in every division or district, for the purpose of granting licenses to deal in game; of the holding of which session seven days' notice is to be given to each of the justices acting for such division or district; at which, or at some adjournment thereof, licenses may be granted by the majority of the justices (not being less than two) in the form pointed out by the schedule (z). Other special sessions may be convened on such occasions as require them: e. g. for proceedings under the general enclosure act, forming lists of jurors (a), &c.

Convening by Precept.]—Where the act which empowers or directs a special session to be holden, also prescribes the particular manner in which it is to be convened, &c., its provisions must be strictly complied with; but where, as is more usual, no express direction is given, a special session may be convened under a precept issued to the chief constable by any two justices, by the custos rotulorum of the county, or by the clerk of the peace or his deputy. The chief constable, on receiving such precept, issues his precepts to the petty constables. These precepts must expressly state the purpose for which the special sessions is to be convened, and the chief constable must serve a notice of the day, hour, and place at which it is intended to hold it, on every magistrate of the hundred, or other division of the county, city, &c. at a reasonable time before the day so fixed (b), or send it by post.

(z) See post, Chap. VI. tit. Game, Offences to; and Chap. XII. s. 4, Of Convictions.

(a) See post, tit. Jurors, Sec. VIII. and 6 Geo. IV. c. 50. s. 9, 42, 45.

(b) It will be easy to frame proper precepts on nearly every occasion from the following skeleton specimens of a precept to the high constable, and of his precepts founded thereon, suggested by the forms heretofore inserted in this work with relation to 13 Geo. III. c. 78, s. 7, and 55 Geo. III. c. 68, s. 6, before their repeal, and the alteration of system brought about by 5 & 6 W. IV. c. 50. (Highway Act.) Form of Precept to the High Constable. County of To A. B., high constable of the hundred of in

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the said county of

We, C. D. and E. F., two of her Majesty's justices of the peace for the said county, do hereby require you im

Notice of Special Sessions to be given to the Magistrates of the Division.]—Therefore, where a precept for holding a special session upon the 15th of a month, in order to divert a way under the old acts for that purpose, was issued to the high constable on the 12th, a Saturday, and the notices were not served by the petty constables on the magistrates till the Monday, the 14th, the Court of King's Bench held that an order made at the special sessions held on the 15th was invalid on account of that court not having been properly convened (c). The acts 13 Geo. III. c. 78, and 55 Geo. III. c. 68, while in force, provided that notices of holding a special session for stopping or diverting a way, should be "given to the justices by the high constable or other proper officer" within the limits of the division. Upon these words it was held that these notices were to be given by authority of the high constable, when the division within which the magistrates acted was a hundred, or by that of the officer of a corporation analogous to him, where the justices were corporate or chartered (before 5 & 6 W. IV. c. 76;—and therefore that a special session convened by notices served on the several magistrates of the division by their clerk, was not duly holden (d).

And now by stat. 7 & 8 Vict. c. 33, s. 7, in all cases in which special sessions are required to be holden for any division of a county or place, if notice of the intended holding is signed by any one justice usually acting within such division, and a copy thereof is sent by post, a reasonable time before the day on which such sessions are to be holden, addressed to each justice resident and usually acting within such division, at his residence therein; such notice shall be deemed to have been duly given to or served on each such justice, any law or custom to the contrary notwithstanding.

However, these notices, if signed by the chief constable, may be served by any other person whom he may depute for the purpose, and are to be considered as much given by him, as though he had personally served them (e).

9 Geo. IV. c. 43.-Divisions of Counties in respect of which Special Sessions may be holden.]-The divisions, in respect of which special sessions may be holden, and respecting the boundaries of which much uncertainty often existed, are now regulated, except in Middlesex, by 9 Geo. IV. c. 43. By this act, any two or more justices of any county or district having a separate commission, are empowered (ƒ) to transmit to the clerk of the peace a statement signed by them, of the places within their county which, in their opinion, would form a convenient division for which special sessions may be holden in future or of any places which ought to be annexed to any subsisting division-specifying the limits within which the places enumerated are deemed to be, the divisions which will be affected by the proposed change, and the names of the justices usually resident and acting within the boundaries of the proposed division (g). This statement is to be laid by the clerk of the peace before the justices at the ensuing quarter sessions, but is not to be considered till the following sessions (h). Immediately after the sessions when the statement has been so received, the clerk of the peace is to cause it to be published in three successive numbers of one or more newspaper or newspapers circulated in the county, and in which the advertisements of the county business are usually inserted, with a notice that such statement will be taken into consideration by the court at the next ensuing quarter sessions (i). At that sessions the justices are to proceed to the consideration of the statement so made and advertized; and may either decide upon it then, or adjourn the consideration to a future session (k). They may either wholly adopt it, adopt in part, or entirely reject it, as in their judgment may be most expedient and fitting (7), with this restriction, that they must not constitute a new division, unless on proof upon oath that there have been for two years preceding (altered now to that "at the time of making the same there are") (m), at the least five justices residing in or usually acting within its proposed boundaries (n). If they decide on adopting the proposed change in the whole or in part, either by transferring a place from one division to another, or by creating a new division, they are to make an order to carry their views into effect; if that order extends to the constituting of a new division, they

must enumerate the places to be comprised within it, and name it from one of the principal of those places; if not, they must specify the division within which other places disannexed from a former division shall thereafter be; and, in either case, particularly set down the day from which such order shall take effect (o). The clerk of the peace is to publish the order in three successive numbers of such newspapers as before referred to, and transmit a copy to every high-constable within the limits of the division it may create, or the divisions it may alter (p). The order thus made is to be in force absolutely for twenty-one years, (now reduced to three years) (q), and afterwards until some further order is made, operating as to the legality of special sessions, the attendance of parties, and the rights and liabilities affected by a division, unless it be controlled by a general order regulating anew the whole county according to the provisions of 9 Geo. IV. c. 43 (r).

But the magistrates in sessions may, if they think fit, instead of thus regulating individual divisions, execute a plan for dividing anew the whole county over which their jurisdiction extends. Instead, therefore, of proceeding to consider any particular statement in the mode already pointed out, they may cause inquiry to be made into the boundary lines, extent, and other local circumstances of all the existing divisions, and then, or at any quarter sessions to which the examination may be adjourned, may proceed entirely to new model the divisions of the county, to name those they may constitute, and to specify the places and limits which each shall comprise (s). Such order, when made, is not only to be published in three successive newspapers (t), but to be transmitted by the clerk of the peace, through the medium of the post, to the churchwardens and overseers of every parish in the county, to be by them affixed on the church door, with a notice specifying when the order will be enrolled, and within what time and in what manner appeals may be made against it (u). The enrolment is to take place not earlier than the fourth session after the order is made; and, at any preceding session, a petition in writing against it, in whole or in part, may be presented-which petition may be supported by witnesses, and on its hearing, the order may be amended at the discretion of the sessions (x). In order, however, to entitle the petitioner to a hearing, he must, ten clear days before the commencement of the sessions, serve a notice in writing, specifying the