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Session

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

A sitting; sometimes used for the time during which any body of persons or tribunal is organized, competent for transaction of its business; in other connections, the time during which it is convened and actually engaged in business. To illustrate this double use of the term, it is common to speak of the first or the second session of a congress, meaning the whole time from the first Monday of December to the adjournment, on the fourth of March, or later; and equally common to say, in the holidays' recess, that congress is not in session. There is a similar ambiguity in the use of the word with respect to parliament. As used to express the period during which the tribunal is organized and competent for transaction of business, the double meaning of session is less noticeable. It generally imports an actual sitting, but not necessarily; it may be used as equivalent to term. Brown mentions the following kinds of sessions, as often mentioned in English practice: Session of parliament; this signifies merely the sitting of parliament, in order to transact the business of the state. The great session of Wales; this was a session or court held in Wales twice in every year, similar to assises in England. These sessions, however, were abolished by Stat. 1 Wm. IV. ch. 70; and the judges now go the circuits in Wales and Cheshire the same as in the English counties. Session of jail delivery; this was a sitting or term held for delivering a jail of the prisoners therein confined. Session of the peace; this is a court of record, and is held before two or more justices of the peace, one of whom must be of the quorum; and its jurisdiction (by Stat. 34 Edw. III. ch. 1) extended to the trying and determining all felonies and trespasses whatsoever, although they seldom, if ever, try any greater offence than small felonies. There are, moreover, three different kinds of sessions, held by justices of the peace; General sessions, which may be held at any time of the year, for the general execution of the authority of the justices; the general quarter sessions, which are held at four stated times in the year; and a special or petty sessions, which may be holden on any special occasion for the execution of some particular branch of the authority of the justices. As to any court of session, see Court of Session.

Sessional orders

These are certain resolutions which are agreed to by both houses, at the commencement of every session of parliament, and have relation to the business and convenience thereof; but they are not intended to continue in force beyond the session in which they are adopted. They are principally of use as directing the order of business.

Brown.