Catalogue

HIGHWAY CERTICATES AND ORDERS, 1872 - 1901

Certificates of repair, 1872 - 1901
Certificates, with plans, that roads have been repaired satisfactorily.

JURORS
Few registers of persons liable to serve on juries survive among the Durham Quarter Sessions records. Names of those sitting on the grand jury and sometimes on the petty jury are recorded in the order books and indictment rolls. From 1840 lists of those summoned to form panels of jurymen at Quarter Sessions survive with the indictments.
Qualifications for jury service:
1285: Men in possession of land worth £2 p.a. in rents
1665: Property qualification raised to £5 p.a. in rents
1692: Men between 21 and 70 years owning freehold or copyhold worth £10 p.a.
1730: Long-term leaseholders of £20 p.a. included
1825: Men between 21 and 60 years owning £10 p.a.; leasehold £20 p.a. and householders £30 p.a.
1919: Women were included under the Sex Disqualification (Removal) Act.
Under an act of 1696 lists of people liable to serve were made by constables and returned to Quarter Sessions. The Clerk of the Peace then prepared from the returns a jurors' or freeholders' book and sent a copy to the Sheriff who was responsible for summoning the juries.
Under the 1825 act the lists were to be made by the Overseers of the Poor and certified by two Justices in Petty Sessions before being returned to the Clerk of the Peace to be registered.
1922: The register of jurors was prepared by the County Council's Electoral Registration Officer, from returns made by the local rating authorities.
Only a few constables' returns, including a single early one dated 1766 and one jurors' book dated 1908 survive among the Quarter Sessions records.

GAMEKEEPERS

Killing game on private land was severely restricted. Only people of sufficient property and social position were allowed to keep hunting dogs or use guns, traps or other weapons to kill game.
In 1389 the qualification was freehold property worth £2 p.a. In 1670 this was raised to £100 and lords of the manors were able to appoint gamekeepers.
In 1710 lords of manors were allowed to appoint or depute only one gamekeeper. Such appointments or deputations had to be notified in writing to the Clerk of the Peace for registration.
In 1784 excise duties were required on property-owners' and gamekeepers' certificates and the Clerk of the Peace recorded these until 1808.
In 1831 the Game Act abolished the property qualification and allowed others to take annual game licences.
Most registrations between 1710 and 1825 were entered in the sessions order books (Q/S/OB).
Some original deputations and enrolled copies survive from 1802.

VICTUALLERS AND ALEHOUSE KEEPERS

The licensing and oversight of alehouses was an important duty of the Justices of the Peace. From 1552 (by the act 5 & 6 Edward VI c.25) keepers of alehouses had to enter into a bond, before two Justices of the Peace, promising to maintain good order in their houses and not to permit unlawful games. Further guarantee had to be given by two sureties. The recognizance had to be certified by the two Justices of the Peace at the next Quarter Sessions, and anybody found to be keeping an alehouse without having given bond could be prosecuted. This was the origin of the licensing of victuallers. In 1753 an act of Parliament (26 George II c.31) required victuallers or alehouse keepers to bind themselves by recognizance each year at special licensing sessions held by Justices of the Peace in their own divisions. Applicants not previously licensed had first to produce a certificate of good character signed by the minister and churchwardens of the parish. The recognizances were returned to the clerk of the peace who had to keep a register of licensing recognizances, on record, amongst the Quarter Sessions records.
No recognizances, either general or licensing, have survived for the Durham Quarter Sessions. Occasionally entries were made in the general sessions order books (Q/S//OB) to record alehouse keepers and their sureties entering into recognizance. An early register exists for the years 1716 - 1718, some constables' returns survive for 1783 and part of a register for 1804. Otherwise most of the licensing records have disappeared.
The Alehouse Act of 1828 (9 George IV c.61) abolished the system of recognizances and sureties, simplifying the procedure but retaining the annual licensing sessions in each sessional division. The Beer Act of 1830 (II George IV and I William IV c.24), however, allowed beer, ale and cider to be sold freely, requiring merely an excise licence. It was not until forty years later that responsibility for licensing returned to the justices of the peace in divisional licensing sessions, by the Licensing Acts of 1869 (32 & 33 Victoria c.27) and 1872 (35 & 36 Victoria c.94). From 1872 clerks of petty sessions were required to keep a register of licences. Under the 1872 act also, licences for new applicants, not previously licensed, had to be confirmed by a county licensing committee appointed by quarter sessions. The minutes of this committee (Q/A/C/6-8) include annual lists of new licences, 1872 - 1938.

Constables' Returns of alehouse keepers, 1783 - 1786
Constables' lists of alehouse keepers for their constabularies recording names only. Also some certificates of character which were signed by churchwardens.

OATHS AND APPOINTMENTS

Sheriff
From 1880 copies of the royal warrant of appointment, the Sheriff's declaration of office, his appointment of the Undersheriff and the Undersheriff's oath were entered in the enrolment books (Q/D/B 2-4)

ROMAN CATHOLICS AND NONCONFORMISTS
Under the Act of Uniformity of 1559 those not attending services of the Church of England were fined. This was originally 12d. for each absence but it was raised in 1581 to £20 per lunar month forfeit to the Exchequer.
Many indictments for non-attendance at church appear in the indictment rolls and order books for the seventeenth century. In 1607 a special record was prepared of fines due to the king from 426 convicted recusants (Q/S/I/3).
Following the Jacobite rebellion of 1715 an act was passed requiring all Roman Catholics to register details of their estates including names of tenants and rents payable, with the Clerk of the Peace. From 1717 conveyances by deed or will also had to be enrolled.

Registers of Roman Catholic estates, 1717 - 1790
Registers of Roman Catholic estates recording details of estates, names of tenants, rents, rights of common, tithes and other dues or debts owing. Each entry was signed by the owner or his attorney. The enrolment was made and signed in open court in the presence of two Justices of the Peace. The later rolls, after the initial period of registration, tend to include more conveyances than registrations.

Returns of Non-Conformist Meeting Houses, 1829
These were made by churchwardens and parish overseers of places of worship not of the Church of England, distinguishing the sect and the total number of members of each sect. The information was supplied by virtue of an order of Quarter Sessions, 13 Ju1y 1829. The returns are filed by ward.

LITERARY SOCIETIES AND LIBRARIES EXEMPT FROM RATES

Copies of rules of literary societies and libraries entitled to exemption from local rates under the Scientific Societies Act, 1843, were certified by the barrister appointed under the act. They were then confirmed by an order of Quarter Sessions and usually endorsed with the date of the sessions.

RATES OF WAGES
Enrolments of rates of wages authorised by Quarter Sessions. These include (farm) bailiff employed by a gentleman or yeoman (£4 6s.8d. p.a. with meat, drink and livery), woman servant for brewing ale (40s.), shearer or binder of corn (6d. per day with meat and drink), master mason with 2 or 3 men under him (12d. a day with meat and drink, 18d. without), ship carpenter (10d.), carter (20d.). Each order is signed and sealed by Justices of the Peace.