The English Law Courts.
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THE ENGLISH LAW COURTS. IX. COURTS OF CRIMINAL JURISDICTION. The term is derived from an old statute of Edward I, and its origin, as most students of THE Court for Crown Cases Reserved history are aware, is as follows : writs called has already been described in a previ writs of ventre were formerly sent to the ous number of The Green Bag, and a brief sheriffs of the various counties directing them reference to it here must, therefore, suffice. to bring up the jurors to the courts at West Any five or more judges of the Queen's Bench minster for the trial of civil actions on a cer Division — the presence of the Lord Chief tain day unless before that day (nisi prius) Justice being essential unless he is disabled by the King's justices came into the several physical or other reasons from attending — counties, in which case the jurors were to may sit as a Court of Criminal Appeal to de be brought before them as justices of assize. termine questions of law reserved for their Lastly (d), there is the commission of the consideration at the assizes or at quarter peace, by which the judges are enabled to sessions. This tribunal is called the Court require the attendance and assistance of the for Crown Cases Reserved. The English local justices in such matters as lie within judiciary are at present pretty sharply ditheir knowledge and jurisdiction. Queen's cided as to the desirability of establishing a Counsel of the requisite standing frequently Court of Criminal Appeal. Immediate legis sit as commissioners of assize when the lation on the subject is not to be expected. exigencies of litigious business require it. This temporary elevation to the Bench usu THE ASSIZE COURTS. ally portends the nomination of the commis England and Wales are divided into nine sioner to a puisne judgeship at an early date. Mr. Gully, Q. C, is a notable exception to circuits, over which the judges travel periodi this rule. On two occasions at least he act cally for the trial of civil and criminal busi ness. The judges go on circuit in virtue of ed as commissioner, and would have been the following commissions from the Crown : raised to the Bench but for the fact that he (rt) a commission of oyer and terminer by held his seat at Carlisle by a slender major which the persons named therein are direct ity, and the party interests rendered it inex ed to inquire, hear {oyer, audire) and deter pedient that it should be exposed to the risk of a bye-election. Mr. Gully had his re mine (terminer} treasons, felonies and misde ward, however, in his recent promotion to meanors under their commission. The com missioners can only " hear and determine " the speakership of the House of Commons. County court judges also are eligible to sit charges into which they have previously in as commissioners, and one of the last acts of quired by means of the Grand Jury. Accord the late Lord Chancellor Herschell was to ingly a second commission is issued, (a) the employ his friend Judge Chalmers of Birm commission of gaol delivery, in pursuance of which the commissioners are authorized to ingham in this capacity. Everyone regarded try every prisoner committed to gaol upon this as the first step towards the promotion any charge whatever, (c) The commission of this very able judge to the Bench of. the of nisi prius is for the trial of civil causes. High Court. But the defeat of the Liberal THE COURT FOR CROWN CASES RESERVED.
