The Sun. — London, England, 1835-06-11 00:00:00

:h council ouch w ho ; being o f action 0 all not b 0 shall have )n. October 1s nro lled in co uncil of to sue. Bee Pro- Act ar Pe on a a rr ec on 08 t rinitt ed vo t I e ;on to . the i s p . e :gesse: ee th ter rvfr• 1 ~.,10 , et :-- • - b e fotlog A. 13 ' ! )11 .1 regic; ittlatea 1. )ed tiic an y or t o f a n s ilty rdingr t be ce o ' e the D o n s ral P e lo iog on* 0 chuse il l to deems o f nunlbe r shall 04113,4 ,Ear s p ha ll t v et : b : the 31 1 0 1 so ele c t Don of O l t such 0 511 Sha ll ' 1 POWerS i,, dead, $ h )I'S of 5° 8 ,1i execute of the fir ;n his Act COa ci , 161 or f !onjon oil n ct d filled, randes per of P o f ns •-io OVI 5 1, ) , ssas ( ,11 10 °1 %. ari d s Act the, Auy ,10 the info.- ' the sehe eahi ha ° 71 a kiog: i ' rores% 3 ll destY ;ea !, {rest b . n t- o t here p3t e l, the ;ed, ex t e nt 3 4 e a e%''; 1. diVi Si l vided, cti c h Of °L' i t i e Ail b e bo .` f S tiCh .0 - the d'eJ be d ivl (1, lar c c i a c Etch rs in C I, to : ball alp be oL bar -5110 f o r r 11 ° C S :I - t ° ll l l b te :.: t any'trio e 9 as to le a t but "Q ascertsi"; oge ss r :i r be 5914.3 each ;c3 10 ell 51.1 f i r or in hoes thin .3 be c e f t h 53' ‘i iecte d in , an ion_ r anY f a ce- r h ere and,. v`",,, - of is ClY i" f: i o id ,d to )1.01 , ' 4 1 1 ; 6 d , i by t ch tin ed ( 5 ", elect ' lll 4 l ; and .11. election shall be held, and the voting and other proceedings, in case of a contest, shall be conducted in the same manner, and subject to the same provisions, as are hereinbefore enacted with respect to the elections of councillors as aforesaid ; and every person so elected a councillor shall hold such office un til the time at which the person in room of whom he was chosen would regularly have gone out of office, and he shall then go out of office, but shall be capable of immediate re election, if then qualified as herein provided. And be it enacted, that on the day next after the day in this and every succeeding year on which she council of any bo rough shall be elected, the said council shall elect out of the councillors of such borough a fit person to be the mayor of such borough, who shall continue in his office for one whole year; and in case a vacancy shall be occasioned in the office of mayor of the borough during such year by reason of any per son who shall have been elected to such office not accepting the same, or by reason of his dying or ceasing to hold the said office, the council of the borough shall, within ten days after such vacancy, elect out of the councillors of the said borough, another fit person to be the mayor thereof for the remainder of the then current year. And be it enacted, that no person elected a mayor or coun cillor for any borough shall be capable of acting as such, ex cept in administering the declaration hereinafter contained— until he shall have made and subscribed, before any two or more of such councillors—(who are hereby respectively au thorised and required to administer the same to each other) —a declaration, in tile nords or to the effect following : that is to say— " I, A. 8., having been elected mayor, (or councillor,) for the borough of , do hereby declare, that I take the said office upon myself, and will, duly and faithfully, fulfil the duties thereof, according to the best of my judgment and ability." . And be it enacted, that every burgess who shall be elected to the office of councillor, aed every councillor who shall be elected to the office of mayor for any borough shall accept such office to which he shall have been elected, or shall in lieu thereof pay a fine of such borough ; and such fine, if not duly paid, shall be levied by distr ess and sale of the goods and chattels of the person so refusing to accept office, with the reasonable charges of such distress ; and every such burgess or councillor so elected shall accept such office, by making and subscribing the declaration hereinbefore mentioned, within three days after notice of his election, otherwise such burgess or councillor shall be liable to pay the said fine as for his non-acceptance of such office, and such office shall thereupon be deemed to be vacant, and shall be filled up by a fresh election, to be made in the manner here inbefore mentioned; provided always that no person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, shall be liable to such fine as aforesaid : Provided also, that every person so elected to such office of councillor or mayor, who shall be above the age of sixty-five years, or who shall have already served such office respectively, or paid the fine for not accepting such office respectively, within five years from the day on which he shall be so re-elected, shall be exempted from ac cepting or serving the same office, if he shall claim such exemption within three days after notice of his election. Provided always, and be it enacted, that if any person holding the office of mayor or councillor for any borough shall be declared bankrupt, or shall apply to take the benefit of any Act for tile relief of insolvent debtors, or shall be absent for more than one month (unless with the approba tion of a majority of the council), from the borough of' which he shall be mayor or councillor, then and in every such case such person shall thereupon immediately become disqualified, and shall cease to hold the office of such mayor or coun cillor as aforesaid, and the council thereupon shall forthwith declare the said office to be void, and shall signify the same by notice in writing under the hands of three or more of them, countersigned by the town-clerk, to be affixed in some public place within the borough, and the said office shall thereupon become void ; but every person so becoming dis qualified, and ceasing to hold such office on account of his being declared a bankrupt, or of his applying to take the benefit of any Act for the relief of insolvent cebtors, shall, on obtaining his certificate, or on payment of hie debts in . full, be capable of being re-elected to such office ; and every person becoming disqualified to hold such office on aceouSst 1 of absence as aforesaid, shall, on his return to such borough, be capable of being re-elected to such office, provided he I shall then be otherwise qualified. And be it enacted, that if any person shall act as mayor or councillor for any borough, without having made the declara tion herein-before required in that behalf, or without being duly qualified, or after he shall have become disqualified to hold any such office, he shall for every such offence forfeit the sum of , such sum to be recovered with full costs of suit by any person who will sue for the same, within three calendar months after the commission of such offence, by action of debt, or on the case, in any of his Majesty's superior Courts of Record ; and the money so to be recovered shall, after pay ment of the costs and expenses attending the recovery thereof, be paid and apportioned as follows ; that is to say, one moiety thereof to the person so suing, and the other moiety thereof to the treasurer to be appointed by virtue of this Act, to be by him applied in aid of the borough fund : Provided always, that all acts and proceedings of any person in possession of the office of mayor or councillor, and acting as a mayor or council lor, shall, notwithstanding such disqualification, be as valid and effectual as if such person had been duly qualified. And be it enacted, that the mayor for the time being of every borough shall be a justice of the peace of and for such borough, and also o f a nd f o r the county within which such borough, or any part thereof, is situated, and also of and for every county, within seven miles of any part of such borough, and shall execute the duties of a justice of the peace for the same respectively, although he may not have such qualification by estate as is required by law in the case of any other person being a justice of the' peace for a county, and shall have prece dence in all places within the borough ; and in boroughs which return a member or memliers to serve in Parliament, other than the town of Berwick-upoe--Tweed, and other than cities and towns which are counties of themselves shall be the re turning officer at all such elections, and shall, if he shall think fit, or if any candidate shall require the essine, be assisted in such of the said boroughs as shall have a recorder, by the re corder of such borough as his assessor at such ele'etion ; and in case the mayor shall, at the time when he shall be required to perform the duties of such returning officer, be dead, ab sent, or otherwise incapable of acting, the councillors of such borough shall forthwith elect one of themselves to be the re turning officer for such borough in the place of the mayor being so dead, absent, or otherwise incapable. And be it enacted, that the council of every borough shall appoint, to be removable at their pleasure, a fit person, not being a councillor, to be the town-clerk of such borough, a treasurer of the borough, and such other clerks, collectors, and officers as they shall think necessary for enabling them to carry into execution the various powers and duties vested in the m b y virtue of this Act ; and shall take such security for the due execution of his office by any such treasurer, clerk, collector, or other officer, as the said council shall think pro per ; a nd shall order to be paid to the mayor, and to the town_ clerk and treasurer, and to every such clerk, collector, and other officer to be employed as aforesaid, such salary or allow_ once as the said council shall think reasonable ; and in case of a vacancy in any such office as aforesaid, by death, resig nation, removal, or otherwise, the council of such borough "'Ay appoint another fit person in the place of the person so peaking such vacancy, provided that the town-clerk and trea surer shall not be the same person. Aud be it enacted, that the treasurer of any borough shall pay no money on Account of the mayor and burgesses of such borough, save only upon the order in writing of the council, signed by three or more councillors, and countersigned by the town-clerk of such boroto3h. And be it enacted, that eveily treasurer, clerk, collector, or other officer appointed by the council as aforesaid shall, at such times during the continuance of his office, or within ---____. months after the expiration of his once, and in such Manner as the said council shall direct, deliver to the coun cil, or to suck person as they shall authorise for that purpose, 4 true account in writing of all matters committed to his char ge by virtue of this Act, and also of all monies which shall have been by him received by virtue or for the pur 'Poses of this Act, and how much thereof shall have been Paid and disbursed, and for what purposes, together with Proper vouchers for such payments, and also a list of the Nunes of all such persons as shall not have paid the monies due from them for the purposes of this Act, and of the amount due from each of them, and every such officer shall pay all such monies as shall remain due from him to the trea surer for the time being, or to person as the said council shall authorize to receive the same ; and if any such officer shall refuse or wilfully neglect to deliver such ,account, or the vouchers relating to the same, or such list as aforesaid, or to make payment as aforesaid, or shall refuse or wilfully neglect to deliver to the said council, or t o such persons as they shall authorize, within three days, "her being thereunto required by notice in writing under the bands of any three or more of the said Council, to be given to, or left at the last place of abode of such officer, all books, Papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said Coun q, or to such other peT•son as aforesaid, rerpecting the same , then, an d i n ever y such case, upon complaint made on behalf of th e said Council, by such person as they shall authorize for that purp o s e , of any such refusal or wilful neglect as afore said, to any justice of the peace for the county or other juris diction wherein such officer so refusing or neglecting shall be or reside, such justice is hereby authorized and required to issue a warrant under his hand and seal for bringing such officer before any two justices of the peace for such county or Jurisdiction ; and upon the said officer appearing, or not h eing found, it shall be lawful for such justices to hear and determine the matter in a summary way ; and if it shall ap- Pear to such justices that any moneys remain due from such Officer, such justices may, and they are hereby authorized and required, upon non-payment thereof, by warrant under their hands and seals, to cause such moneys to be levied by distress 4 bd sale of the goods of such officer ; and if sufficient goods %hall not be found to satisfy the said moneys, and the charges Of the distress, or if it shall appear to such justices that a beli officer has refused or wilfully neglected to deliver such 4 qcount, or the vouchers relating thereto, or such list as afore %kid, or that any books, papers, or writings relating to the ttecution of this Act remain in the bands or in the custody or Power of such officer, and that he has refused or wilfully ne glected a deliver the same, or to give satisfaction respecting the same as a ,e,:seesatd, then, and in every such case , such jus -14 e :. , „ ~,, t e suede and they ere hereby required to commit .. :atter to t h e „ Tomo g:2 l or boo of correction for the ° ll nty or jurisdiction where sum': ‘ offender 444,1 he or reside, there to remain without bail, until he -all have peisJ eoch ._oneys as aforesaid, or shall have compounder with the said '''' u neil for suchmoneys, and • paid - -i oti n t i ... . k4 r d beh manner as they shall appoint (which composition the 1. council are hereby empowered to make and receive), or -Until he sh a ll h ave d e li vere d a true account, as aforesaid, toge ther With such vouchers and lists as aforesaid, or until he shall • have delivered up such books, papers, and writings, or have given satisfaction in respect thereof to the said council, or to such other person as aforesaid, as the case may be : provided always, that no person so committed shall be detained in pri son, for want of sufficient distress only, for a longer space of time than three calendar months : provided also, that nothing in this Act contained, shall prevent or abridge any remedy by action against such officer so offending as aforesaid, or against any surety for any such officer, but such officer shall not be sued by action and also proceeded against in a summary man ner by virtue of this Act, for the same cause. And be it enacted, that in the town of Berwick-upon-Tweed, and in the counties of the cities of Bristol, Canterbury, Chester, Coventry, Exeter, Gloucester, Lichfield, Lincoln, Norwich, Worcester, and York, and in the counties of towns of Caer marthen, Haverfordwest, Kingston-upon-Hull, Newcastle upon-Tyne, Nottingham, Poolc, and Southampton, the coun cil shall, on the first day of November in this and every sue , - ceeding year name a fit person to execute the office of sheriff, with the like duties and powers as the sheriff, or the person filling the office of sheriff in the said town and counties respec tively would have had if this Act had not passed. And be it enacted that the council of every borough in which a separate court of sessions of the peace shall be holden, as is hereinafter provided, shall, within ten days next after the grant of the said court shall have been signified to the council of such borough appoint a fit person to be coroner of such bo rough, so long as he shall well behave himself in his office of coroner, and shall fill up every vacancy of the office of coroner of the borough, by death, resignation, or removal, within ten days next after such vacancy shall have occurred, and none thereafter shall take any inquisition which belongs to the office of coroner within such borough, save only the coroner so from time to time to be appointed ; and every such coroner for every inquisition which he shall duly take within such borough, shall be entitled to have the sum of twenty shillings, and also the sum of ninepence for every mile which he shall be compelled to travel from his usual place of abode to take such inquisition to be paid by the council out of the borough fund of such borough, by order of the justices acting in and for such borough. _ _ And be it enacted, that in every borough in and for which no separate Court of Sessions of the peace shall be holden, no person, after, the twenty-fifth day of October in this present year, shall take any inquisition which belongs to the office of coroner within such borough, save only the coroner for the county in which such borough is situated; and the coroner of such county for every inquisition which he shall duly take within any place or precinct within any such boiough, shall be en titled to have the sum of twenty shillings, and also the sum of ninepence for every mile which he shall be compelled to travel from his usual place of abode to take such inquisition, to be paid by the council out of the borough fund, by order of the justices acting in and for the borough. And be it - enacted, that the council elected under this Act in - any borough shall have power to remove from his office every sheriff and bailiff, coroner, town-clerk, treasurer or chamberlain, and every ministerial or executive officer of such borough and body corporate, who shall be in office at the time of the first election of councillors under this Act, and every officer in such borough shall continue to act in the same capacity as heretofore, and to execute all the duties heretofore belonging to his office, and be entitled to have the same salaries, fees and emoluments as he would have had if this Act bad not passed until he shall be removed from his office, and no longer, unless be shall be re-appointed accord ing to the provisions of this Act ; and every officer who shall be in possession or receipt of any monies, goods, valuable se curities, books and papers belonging to or concerning the body corporate whose officer he is, shall account for the same to the council of such body corporate appointed under this Act, as is hereinbefore provided in the case of officers ap pointed by such council. And be it enacted, that every officer of any borough who shall be in office at the time of the first election of councillors under this Act in such borough, and who shall be removed from his office as aforesaid, shall be entitled to have an ade quate compensation, to be assessed by the council, and paid out of the borough fund, for the salary, fees, and emoluments of the office which he shall so cease to hold, regard 6 being had to the manner of his appointment to the said office, and his term or interest therein, and all other circumstances of the ease ; and in case any such officer shall think himself ag grie7ed by the amount at which the council shall have assessed the compensation so to be paid to him, or in case one-third of the members of the council shall subscribe a protest against the amount of such compensation as excessive, it shall be law ful for such officer, or any councillor who shall have subscribed such protest, to appeal to the Lords Commissioners of his Majesty's Treasury, who shall thereupon make such order as to them shall seem expedient; and such order, signed by three or more of the said Lorils Commissioners, shall be binding upon all parties. And be it enacted, that all acts whatsoever authorized or required by virtue of this Act to be done by the council of any borough, and all questions of adjournment, or others that may come before such council, may be done and decided by the majority of the councillors who shall be present at any meeting held in pursuance of this Act, the whole number pre sent at such meeting not being less than one-third part of the number of the whole council, and at all such meetings the mayor shall preside, and the mayor, or in the absence of the mayor, such councillor as the councillors then assembled shall choose to be the chairman of that meetieg, shall have a second or casting vote in all cases of equality of votes : provided always, that previous to any meeting of the coun• cil held by virtue of this Act, a notice of the time and place of such intended meeting shall be given three clear days at least before such meeting, by fixing the said notice on or near the door of the town-hall of the borough ; and such notice shall be signed by the mayor, who shall have power to call a meeting of the council as often as he shall think proper ; and in case the mayor shall refuse to call any such meeting after a requisition for that purpose, signed by five councillors at the least, shall have been presented to him, it shall be lawful for the said five councillors to call a meeting of the council by giving such notice as is hereinbefore required in that behalf, such notice to be signed by the said councillors instead of the mayor ; and in every case a sum mons to attend the council, specifying the business proposed to be transacted at such meeting, signed by the town-clerk, shall be left at the usual place of abode of every member of the council three clear days at least before such meeting. And be it enacted, that it shall be lawful for the council of any b ( zough to appoint out of their own body, f rom t i me to time, such and so many C.m committees, either of a genera l or spe cial nature, and dslsting of such number of persons, as they may think fit for any purposes which, in the discretion of such council, would be better regulated and managed by means of such committees, and to make such by-laws and regulations for the direction and government of such committees as to such council shall seem meet. And be it enacted, that the council of every borough to which a separate commission of the peace shall have been granted as hereinafter mentioned, or a committee of the coun cil to be specially appointed by the council in that behalf, shall hold a special meeting in the month of September in every year, for granting licences to persons to keep victualling houses, alehouses, and canteens, and to sell ale, beer, and other ex ciseable liquors by retail within such borough ; and after the first day of September one thousand eight hundred and thirty six, all such licences within any such borough, granted other wise than by the oouncil of such borough, or such committee of the council as last aforesaid, shall be null and void. And be it enacted, that after the said first day of Septem ber, the councillors of every such borough as last aforesaid shall act with all the powers, and subject to all the disquali fications and penalties in the matter of granting such licenses enacted concerning justices of peace, in a certain Act passed in the third year of the reign of his late Majesty King George the Fourth, intituled " An Act for amending the laws for re gulating the manner of licensing alehouses in that part of the United Kingdom called England, and for the more effectually preventing disorders therein ;" and the town clerk of every such borough respectively shall act as therein is enacted, concerning the clerks to the justices, and shall be entitled, and none other, to take the fees therein made payable to the clerks to the justices, and be subject in like manner to the like pseialty for taking more than such fees; and all provisions of the last-named Act, except as herein excepted, shall apply to the licenses to be granted to the persons unto whom such licenses shall be granted by the councils of such boroughs or committees of such councils respectively. And be it enacted, that the time and place for granting such licenses shall be appointed by the council, at least ten days before such meeting; and the town-clerk shall cause notice thereof to be affixed on the outer door of the town-hall, and in some conspicuous place of the police office hereinafter mentioned, and shall give notice thereof to the several inn keepers and alehouse-keepers within the borough. And be it enacted, that the recognizances to be entered into on occasion of granting such licenses shall be acknowledged before the council or committee as aforesaid, and signed by the mayor, or, in the absence of the mayor, by two of the councillors of such borough. And whereas divers bodies corporate now stand seised or possessed of sundry hereditamcnts arid personal estate, in trust in whole or in part for certain charitable trusts, and it is ex pedient that the administration thereof be kept distinct from that of the public stock and borough fund ; be it enacted, that in every borough in which the body corporate, or any one or more of the members of such body corporate, in his or their corporate capacity, now stands or stand solely seised er pos sessed, for any estate or interest whatsoever, of any heredita ments or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part, in trust or for the benefit of any charitable uses or trusts what soever, the council of such borough shall, on the Ist day of November in this and every succeeding year, nominate from among the burgesses of such borough a fit number of persons, not less than fifteen persons, of whom the mayor for th e ti me being shall be one, wh o shall be charitable trustees for such borough, and the said trustees and their successors shall be one body corporate, by the name of The Charitable Trustees of the Borough of (as the case may be), and by that name shall have perpetual succession, and shall be enabled to sue and be sued in all Courts and places of judicature within these realms, and shall stand seised and possessed of the said hereditaments, turns of money, chattels, securi ties for money and other personal estate, for such uses and trusts respectively as they were subject to before the passing of this Act, and shall have all the powers and lia bilities heretofore vested in or belonging to such body eon. porate or in such member or memb ers of such body corporate in respect of the said uses and trusts, and all the estate, right, interest aini tile, and all the powers of such body corporate or of such member or mesebers of such body corporate other than the said charitable trustees appointed under the provision of this ii i t ch c o t r ,Ln pp r p es , p;c e t riy of ee th a e se sa a i n. d d uv er a m ud in t e7s t, shall imme diately And be it enactel, MQP;e; 'YhiP shall be in any bank - of any treasurer or otlier person placed to the or in the hat,— —.Aar the Colltrol, of any persons so credit of any ac count tn.—. .. ceasing to act as trustees for any enarttaoi, is g , ll or trof gs THE SUN, LONDON, THURSDAY, JUNE 11, 1835. aforesaid, shall immediately upon the first election of the cha ritable trustees in any borough under this Act, be transferred to a like account under their control ; and all conveyances, contracts, securities, and debts made, entered into, or contrac ted by, to, or with any persons so ceasing to act as trustees, shall immediately upon the first election of the charitable trus tees under this Act, be of the same force and with the like powers and remedies against, and for the benefit of the said charitable trustees under this Act, as the same would have been against and for the benefit of the persons so ceasing to be trus tees as aforesaid ; and that for the purpose of prosecuting or defending any suits pending by or against any persons so ceasing to act as trustees, the charitable trustees under this Act shall come in the place of and be deemed and taken to be the successors of the persons so ceasing to act as such trus tees as aforesaid, and all such suits shall be prosecuted and de ;ended in the same names and in the same manner as if this Act had not been passed. And be it enacted that the charitable trustees, in every bo rough in which such trustees shall be appointed under this Act, shall appoint, to be removeable at their pleasure, one fit person to be their treasurer, and one other fit person to be their secre tary, and such clerks, officers, and collectors as they shall think necessary for duly administering their respective trusts, and shall take such security for the due execution of his office, by any such treasurer, secretary, clerk, collector, or other offi cer, as the said charitable trustees shall think proper, and shall order to be paid to them out of the trust funds such sala ries as the said trustees shall think reasonable provided that no person, being a councillor or town clerk, or treasurer of any borough shall be qualified to be treasurer or secre tary to the charitable trustees of the some borough : pro vided also that the treasurer and the secretary to the said trus tees shall not be the same person. And be it enacted, that every treasurer, secretary, clerk, collector, or other officer appointed by the said trustees, shall account with the said trustees, touching the matters and mo neys committed to his charge, in manner and form as the council should have directed with respect to the like officers appointed by the council ; and the said trustees shall have the same remedy against any officer neglecting or refusing to ac count to them as aforesaid, as is given by this Act to the coun cil in like case against the like officer appointed by the council. ' And be it enacted, that the treasurer to the said trustees shall pay no money on account of the said charitable uses or trusts, or any part of them, but upon an order of the said trustees in writing, signed by three or more of the said trus tees, at the meeting at which such order shall have been made, and countersigned by the secretary to the trustees. And be it enacted, that all acts of the charitable trustees appointed under this Act, in execution of their trusts, shall be done at some meeting, at which not less than one-half of the whole number of trustees shall be present, and a majority of those present shall concur in such acts, otherwise they shall be void and of none effect ; and at every meeting the trustees shall choose a chairman; and in case of equality of votes, the chairman for the time being shall have a second or casting vote ; and all the resolutions of the said trustees shall be en tered in a book to be kept by the secretary to the trustees for the time being ; and the said book shall be open at all reason able times, without fee, to the inspecti o n o f any councillor : provided nevertheless, that no act or proceeding of the said trustees in the execution of their trust shall require, or be submitted for approval or confirmation to the council. And be it enacted, that the councillors of every borough, immediately after their election, and during such time only as they shall be such Councellors, shall be trustees for executing he powers and provisions of all Acts of Parliament mad e be- fore the passing of this Act (other than Acts made for securing charitable uses and trusts,) of which the body corporate, named in conjunction with such borough in the said schedules ( A) and (13), or any of the members thereof, in their corporate capacity, was or were sole trustees before the time of the first election of councillors in such borough under this Act. And be it enacted, that in every borough in which the body corporate, or limited number or description of members of the body corporate, was or were before the passing of this Act, trustees jointly with other trustees for the execution of any Act of Parliament, the council of such borough, within ten days next after the twenty-fifth day of October in every year, shall nominate the like number of councillors as there were theretofore members of such corporate body, who were such trustees in right of their office to be trustees in room of the members of such corporate body ceasing to be trustees by vir tue of this Act; and in every case of extraordinary vacancy among the trustees so appointed by the council, shall forth with nominate one other councillor to be a trustee in the room of the person by whom such vacancy has been made. And whereas it may be expedient that the powers now vested in the trustees appointed under sundry Acts of Parliament, for paving, lighting, cleansing, supplying with water and improv ing certain boroughs, or certain parts thereof, should be trans ferred to and vested in the councils of such boroughs respec tively ; be it enacted, that the trustees appointed by virtue of any such Act of Parliament as aforesaid may, if it shall seem to them expedient, at a meeting to be called for that purpose, transfer in writing all the powers vested in them as such trus tees, by any such Act or Acts of Parliament as aforesaid, to the councillors of any such borough, during such time only as they shall be councillors of such borough respectively, and such councillors shall thenceforth be trustees for executing the several powers and provisions of any such Act or Acts of Par liament, and shall have the same powers and be subject to the same duties as if their names had been originally inserted in such Act or Acts as such trustees respectively. And be it enacted, that the council to be elected for any borough shall, immediately after their first election, and so from time to time thereafter as they shall deem expedient, appoint, fur such time as they may think proper, a sufficient number of their own body, who, together with the mayor of the borough for the time being, shall be and be called the watch committee for such borough ; and all the powers hereinafter given to such committee may be executed by the majority of those who shall be present at any meeting of such com mittee, the whole number present at such meeting being not less than five ; and such watch committee shall, within from time to time thereafter, as occasion shall require, ap point a sufficient number of fit men who shall be sworn in be fore some justice of the peace having jurisdiction within the borough, to act as constables for preserving the peace by day and by night, and preventing robberies and other felonies, and apprehending offenders against the peace ; and the men so sworn shall not only within such borough, but also within the county, in which such borough or part thereof shall be situated, and also within every county, being within seven miles of any part of such borough, and also within all liberties in any such county, have all such powers and privileges, and be liabl e to all such duties and responsibilities as any constable duly ap pointed now has or hereafter may have within his constable wick by virtue of the common law of this realm, or of any statutes made or to be made, and shall obey all such lawful commands as they may from time to time receive from any of the justices of the peace having jurisdiction within such bo rough, or within any county in which they shall be called on to act as constables for conducting themselves in the execution of their office. And be it enacted, that the watch committee for any such borough as aforesaid may from time to time frame such regu lations as they shall deem expedient, for preventing neglect or abuse, and for rendering such constables efficient in the dis charge of their duties ; and the said committee, or any two jus tices of the peace having jurisdiction within the borough, may at any time suspend or dismiss any constable whom they shall think negligent in the discharge of his duty, or otherwise unfit for the same ; and when any man shall be so dismissed, or cease to belong to the said constabulary force, all powers vested in him as a constable by virtue of this Act shall immediately cease ; and no man so dismissed as aforesaid shall be re-ap pointed without the consent of two of the justices of the peace having jurisdiction within the borough. And be it enacted, that it shall be lawful for any constable, during the time of his being on duty, to apprehend all idle and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of intention to commit a felony, and to deliver any person so apprehended into the custody of the constable appointed under this Act, who shall be in attendance at the nearest watch-house, in order that such person may be secured until he can be brought be fore a justice of the peace, to be dealt with according to law, or may give bail for his appearance before a justice of the peace, if the constable shall think fit to take bail, in the manner here. irmfter mentioned. And be it enacted, that where any person charged with any n►isdemeanour shall be brought, without the warrant of a jus tice of the peace, into the custody of any constable appointed under this Act, during his attendance in the night-t►me at any watch-house, within any such borough as aforesaid, it shall be lawful for such constable, if he alsall think fit, to take bail by recognizance, without any fee or reward, from such person, conditioned that such person shall appear for examination with in two days before a justice of the peace within the borough, at some time and place to be specified in the recogni zance ; and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating thereof, as if the same had been taken before a justice of the peace; and the constable shall enter in a book to be kept for that purpose in every watch-house, the names, residence, and occupation of the party . and his surety or sureties, if any, entering ►nto such recognisance, together with the condition hereof, and the sums respectively acknowledged, and shall lay the same before such justice as shall be present at the time and place when and where the party is required to appear; and if the party does not appear at the time and place required, or within one hour after, the justice shall cause a record of the recognisance to be drawn up, to be signed by the constable, and shall return the same to the next general or quarter sessions of the peace for the borough, or for the county ►n which such bo rough is situate, in those boroughs for which there shall be no separate general or quarter sessions of the peace, with a certificate at the back thereof, signed by such justice, that the party has not complied with the obligation therein con tained ; and the clerk of the peace shall make the like es treats and schedules of every such recognisance as the re cognisances forfeited in the sessions of the peace ; and if the party not appearing shall apply, by any person on his behalf, to_postpone the bearing Of the charge against hint, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint ; and when the matter shall be heard and determined, either by the dismissal of the complaint, or by binding the party over to answer the matter thereof at the sessions, or otherwise, the recognisance for the appearance of the party before a justice shall be discharged without fee or rcwitrtl. And be h enacted, that if any constable of any borough shall be guilty of any neglect of duty, or of any disobedieice of any lawful order, every such offender, being convicted thereof before any two justices of . the peace, shall for every such offence be liable to be imprisoned fcr any time not :c- Pceding days, or to bp hecl in my sum not exceedOig -, or to be dismissed from his office, as such justices shpil in thgir discretion think meet. And be it enacted, that if any person shall assault or resist any constable of any borough appointed under this Act, in the execution of his duty, or shall aid or incite any person so to assault or resist, every such offender, being conviceed thereof before any two justices of the peace, shall for every such offence forfeit and pay such sum, not exceeding five pounds, as the said justices shall think meet ; provided always, that nothing herein contained shall prevent any prosecution by way of in dictment against any person so offending, but so as that such person shall not be prosecuted by indictment, and also pro ceeded against under this Act for the same offence. And be it enacted, that the treasurer of every borough shall pay to the constables of such borough appointed under this Act such salaries, wages, and allowances, and at such periods, as the watch committee for such borough shall, subject to the approbation of the council, direct ; and the council shall order to be paid also any extraordinary expenses which such per sons shall appear to have necessarily incurred in apprehend ing offenders, and executing the orders of any justice of the peace, having jurisdiction within such borough, such expenses having been first examined and approved by such justices ; and the said treasurer shall also pay such further sums as the watch committee shall, subject to the approbation of the council, award to any of the persons belonging to the said constabulary force, as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury received, or shall be worn out by length of service, and all other charges and expenses which the watch committee shall, subject to the approbation of the council, direct to be paid for the purposes of the constabulary force under this Act. And be it enacted, that any two or more of the justices of the peace having jurisdiction within any borough are hereby authorized and required in the month of October in every year, to nominate and appoint by precept in writing under their hands, so many as they shall think fit of the inhabitants of such bo rough (not legally exempt from serving the office of constable) to act as special constables within such borough whensoever they shall be required by the warrant of any of the justices of the peace having jurisdiction within such borough so to act, and not otherwise; and every such warrant shall recite that in the opinion of the justice granting the same, the ordinary police force of the borough is insufficient at that time to maintain the peace of the berongh • and every person so appointed a special constable shall take the oath set forth in the Act passed in the session of Parliament holden in the first and second years of the reign of his present Majesty, intituled, " An Act for Amending the Laws relative to the appoint ment of Special Constables, and for the better Preservation of the Peace," and shall have the powers and immunities, and be liable to the duties and penalties enacted by the said last mentioned Act ; and every person so appointed a special con stable shall receive out of the borough fund for every day during which he shall be called out to act as such, the sum of three shillings and sixpence, and no more. And be it enacted, that as Soon as constables shall have been appointed by the watch committee for any borough, a notice signed by the Mayor of such borough, specifying the day on which such constable shall begin to act, shall be fixed on the door of the Town-hall and every church within such borough ; and on the day so specified in such notice, so much of all Acts named in conjunction with such borough in the schedule (E) to this Act annexed, and of all Acts made before the passing of this Act, as relates to the ap pointment, regulation, powers, and duties, or to the assess ment or collection of any rate to provide for the expenses of any watchmen, constables, patrol, or police, for any place or places situated within such borough, shall cease and de termine ; and all watch-houses and watch-boxes in any such place or places, and all arms, accoutrements, and other necessaries provided at the public expense for any watchmen, constables, patrol, or police therein, shall be given up to such persons as shall be named by the said mayor in such notice, for the use and accommodation of the constables to be appointed under this Act, and all the property so to be given up shall be deemed to belong to the body corporate of such borough; and in case any person having the charge, control, or possession of any watch-house, watch-box, arms, accoutrements or necessa ries as aforesaid, shall neglect or refuse to give up the same as hereinbefore required, every such offender, being convicted thereof before any two justices of the peace, shall for every such offence forfeit and pay, over and above the value of the property not given up, such sum, not exceeding five pounds as the said justices shall think meet ; and where there shall be any building in any such place as aforesaid, a part only of ' which building shall have been heretofore used as a watch house, such part shall be given up every day from the hour of four in the afternoon until the hour of nine in the forenoon, for the use and accommodation of the constables to be ap pointed under this Act ; and if any person having the charge, control, or possession of any such building, shall neglect or re fuse to give up such part thereof for the purposes aforesaid, or to admit free access thereto or egress therefrom, during any portion of the time above prescribed, every such offender, being convicted thereof before any two justices of the peace, shall for every such offence forfeit and pay such sum, not ex ceeding five pounds, as the said justices shall think meet. Provided always, and be it ena c t e d, t h at any rate for defray ing the expenses of any watchmen, constables, patrol, or police in any such place or places as aforesaid, made previously to the day specified in such notice as aforesaid, shall be levied and collected in the same manner as if this Act had not been passed; provided also, that nothing herein contained shall prevent the levying and collecting of any rate in any such place or places as aforesaid, for the purpose of paying any debt contracted before the passing of this Act, or the in terest of any such debt, but that such rate shall and may be levied and collected in the same manner as if this Act had not been passed. And whereas parts of certain boroughs are within the pro visions of one or more local Act or Acts for regulating the lighting thereof, and certain other parts of the same boroughs are not within the provisions of any local Act for regulating the lighting thereof; and for want of such lighting, the effi ciency of the constables may be much diminished, and great facilities afforded for the commission of crimes and for the es cape of offenders. For remedy thereof be it enacted, that it shall be lawful for the council of any borough, in any part of which there is a local Act for the lighting thereof to make an order that any part of such borough, not being within the pro visions of any local Act for the lighting thereof, shall, from and after a certain day to be named in such order, be taken to be within the provision of such local Act or Acts for lighting any part of such borough as the common council shall specify in such order; and after such day the part named in such order shall be within the provisions of the Act or Acts so specified, so far as relates to lighting, or to any rates authorized to be levied for the purpose of lighting, as fully as if such part had been originally named in such Act or Acts, any thing in any such Act or Acts to the contrary notwithstanding : provided always, that the rate to be raised for the purpose of defraying the expenses of lighting any part so named in such order shall not exceed the average expense in the pound of the lighting of the other parts of such borough. And be it enacted, that if the council of any borough chosen under this Act shall, by public notice, to be affixed on the out door of the town-hall, or in some public place within the borough, declare, that on a cert a i n d a y, to b e name d i n suc h notice, not less ian twenty-one days after the day on which such public notice shall have been given, they will tal- .. , upon themselves the powers given to the inspectors - name d in a certain Act matte in the third and fourtb 'year of his present Majesty, intituled, " An Act to repee' i an Act of his late Majesty King George the Fourth, for the lighting and watching of parishes in England and Wales, and to make other provisions in lieu thereof," so far as the same relates to the lighting of any part of such borough, which is not within the provisions of any local Act for lighting the same, the council of such borough shall, after the day men tioned in such notice, have the same powers and duties as belong to inspectors under the said last-recited Act in regard to lighting and to laying rates for the purpose of light ing such part of the borough, except so far as the same are contrary to, or inconsistent with, the provisions of this Act; and in such case the council shall have the sole power to fix and determine the amount of money which they will call for • in any one year, for the purpose of lighting- such part of the borough, so that such sum shall not exceed the rate of -- in the pound on the full and fair annual value of all property rateable to the relief of the poor within such part of the borough ; provided also, that it shall not be lawful in such case for the inhabitants of such part of the borough at any time to determine that the provisions of the said recited Act shall cease to be acted upon. And be:it enacted, that it shall be lawful for the council of any borough to make such bye laws as to them shall seem meet for the good rule and government of the borough, and for prevention and suppression of all nuisances as are not already punishable in a summary manlier by virtue of any Act or Acts in force throughout such borough, and to appoint by such bye-laws, such fines as they shall deem necessary for the pre vention and suppression of such offences, provided that no fine so to be appointed shall exceed the sum of five pounds, and that no such bye-law shall be made unless at least two-thirds of the whole number of the council shall be present : provided, that no such bye-law shall be of any force until the expiration of forty days after the same, or a copy thereof, shall have been sent, sealed with the seal of the said borough, to one of his Majesty's Principal Secretaries of State, and shall have been affixed on the outer-door of the town-hall, or in some other public place within such borough ; and if at any time within the said period of forty days, his Majesty, with the advice of his Privy Council, shall disallow the same bye-law, or any part thereof, such bye-law, or the part thereof disallowed, shall not come into operation : provided also, that it shall be lawful for his Majesty, at any time within the said period of forty days, to enlarge the time within which such bye-law, if disallowed, shall not come into force, and no such bye-law shall, in that case, come into force until after the expiration of such enlarged time. And be it enacted, that all the provisions hereinafter con tained relative to offences against this Act, punishable upon summary conviction, shall be taken to apply to all offences committed in breach of any bye-law or regulation made by virtue of this Act. And be it enacted, that after the election of the trea surerer in any borough, the rents and profits of all heredi taments, and all moneys, chattels, and valuable securities, belonging to any body corporate named in conjunction with the said b oroug h i n the satd schedules ( A) and (B,) shall he paid tcl the treasurer of such borough, and every fine or penalty for any offence against this Act (the application of which has not. been already provided for) shall be paid to such treasurer ; and all the monies which he shall so re ceive, shall be carried by him to the account of a fund to be called the " Borough Fund ;" and such fund shall be applied from time to time towards the payment of the in terest of any lawful debt due from such body corporate to any person, which shall have been contracted before the passing of this Act, and IwOemecl and subject thereunto ; toward the payment 'of the salary of the Mayor, and of the Recorder hereinafter mentioned, when there is a Recorder, and of the respective salaries of the Town Clerk and Trea surer, and of every clerk, collector, and other officer whom the Council shall appoint, and also toward the payment of the expenses incurred from time to time in preparing and printing burgess rolls, and ward lists, and notices, and in other matters attending such elections as are herein men tioned, and in boroughs which shall have a separate Court of Sessions of the Peace, as is hereinafter provided, towards the expenses of the persecution, maintenance, and punish ment of offenders committed from the borough for trial at the Sessions of the Peace for such borough, and at the Assizes for the county in which the borough is situate, and toward such other sum to be paid by such borough to the treasurer of such county, as is herein after provided, and towards the expense of maintaining the corporate buildings, and towards the payment of the constables, and of all other expenses not herein provided for, which shall be necessarily incurred in onrrying into effect the provisions of this Act ; and in case such fund shall not be suf ficient for the purposes aforesaid, the council of the borough is hereby authorised and required from time to time to esti mate, as correctly as may be, what amount, in addition to such fund, will be sufficient for the purposes aforesaid; and in order to raise the amount so estimated, the said council is hereby authorised and required from time to time to order a borough rate in the nature of a county rate to be made within their borough, and for that purpose the council of such borough shall have within their borough all the powers which any jus tices of the peace assembled at their general or quarter ses sions in any county in England have within the limits of their commission, by virtue of an Act made in the fifty-fifths year of his late Majesty King George the Third, intituled " An Act to amend an Act of his late Majesty King George the Second for the more easy assessing, collecting and levying of county rates," or as near thereto as the nature of the case will admit, except as is hereinafter excepted ; provided that such council shall not be empowered to receive, hear, or determine any ap peal against any such rate ; and if any person shall think him self aggrieved by any such rate, it shall be lawful for him to appeal to the recorder hereinafter mentioned at the next quar ter sessions for the borough in which such rate has been made; , or in case there shall be no recorder within such borough. to the justices at the next court of quarter sessions for th-,, county within which such bo roug h is situate ; and si recorder or justices respectively shall have power to b ." . ..ar and determine the same, and to award relief in the pre:inise,, as in the case of an appeal against any county r",., 0 ; and all such sums levied in pursuance of such borwagh rate shall be paid over to the ac count of the borough fund. And be it enacted, that on the first day of September, one thousand eight hundred and thirty-six, and in every succeed ing year, the burgesses of every borough shall elect, by a majority of votes, two burgesses who are neither of the coun cil, nor the town clerk, nor treasurer, nor the secretary nor treasurer to the charitable trustees of such borough, in form and manner hereinbefore provided for the election of councillors in towns which are not divided into wards ; and the mayor shall name one or other person from the councillors of such borough; and the three persons so named shall be and be called auditors of such borough, and shall twice in every year examine and audit the accounts of the treasurer, and of the treasurer of the charitable trustees of such borough, from the first day of Sep tember in the year preceding to the first day of March, and from the first day of March to the first day of Sep tember in the year in which the said auditors were named ; and if the said accounts shall be found to be correct, the auditors shall sign the same ; and every burgess or councillor who shall be so named one of the au ditors, shall accept such office, or shall, in lieu thereof, pay a fine of to the mayor and burgesses of such borough, and such fine, if not duly paid, shall be levied by distress and sale of the goods and chattels of the person so refusing, with the reasonable charges of such distress. And be it enacted, that the treasurer of every borough, and the treasurer of the charitable trustees of every borough, shall, in books to be kept for that purpose, enter true accounts of all sums of money by them respectively received and paid on account of the purposes of this Act, or of the said cha ritable uses and trusts respectively, and of the several matters for which such sums shall have been paid ; and the books con taining the accounts shall, at all seasonable times, be open to the inspection of any of the councillors of such borough ; and all the Accounts, with all vouchers and papers relating'thereto, shall in the months of March and September in every year, be submitted by the treasurer of the borough, and by the trea surer of the charitable trustees of the borough respectively, to the auditors, for the purpose of being examined and audited ; and after such accounts shall have been so respectively exa mined and audited in the month of September in every year, each treasurer shall make out in writing, and shall causo to be printed, a full abstract of his accounts for the year, and a copy thereof shall be open to the inspection of all the rate-payers of such borough ; and copies thereof shall be delivered to all rate-payers of such borough applying for the same, on pay ment of a reasonable price for each copy. And be it enacted, that it shall be lawful for the Council of every borough named in the said schedule (A) and to the council of every borough named in the said schedule (B) to Which his Majesty shall at any time hereafter be pleased to grant licence in that behalf, and each of them is hereby re quired, from time to time, to name so many fit persons as to the council of each of the said boroughs respectively from time to time shall seem expedient, for the purpose of being qualified to receive his Majesty's commission to act as justices of the peace in and for such borough, and in and for each of the counties of cities and towns respectively named in the said schedule (A) ; and his Majesty thereupon may assign so many of the persons so named as to his Majesty shall seem fit, to be his Majesty's justices, and to keep the peace in and for each of the said last-named boroughs and counties respectively ; pro vided, nevertheless, that every person so to be named and as signed shall reside within the borough for which he shall be so assigned, or within five miles of such borough, or some part thereof, during such time as he shall act as a justice of the peace in and for such borough. And be it enacted, that if the council of any borough shall think it requisite that a salaried police magistrate or magis trates be appointed within such borough, such council is hereby empowered to make a bye-law defining the duties of such magistrates, and fixing the amount of the salary which he or they are to receive in that behalf ; and such bye-law so made by any council as aforesaid shall be transmitted to one of his Majesty's principal Secretaries of State, and his Majesty thereupon shall be authorized to appoint so many fit persons as arc named in the said bye-law (being barristers-at-law of not less than five years' standing), to be, during his Majesty's pleasure, police magistrate or magistrates, and a justice or jus tices of the peace for such borough, and to direct that such sum shall be paid quarterly out of the borough fund of such . 'oorough as will be sufficient to pay such yearly salary t", each of the justices so assigned as last aforesaid, not 'exceeding in the whole the salary mentioned in the pral; ee of such petition, clear of all fees or deductions, as his Majesty shall seem fit ; and the treasurer of such bs:;sough shall thereupon pay to each justice so assigned as, 'mast aforesaid, out of the borough fund of such borough, equal quarterly pa, t . t oe salary so directed to be paid by four :ments, and in the same proportion up to the time of tte death of such justice, or his ceasing to act under El l e tt assignment as aforesaid : Provided, that in every case vacancy of the office of police magistrate in any borough aforesaid, no new appointment of police magistrate in such borough shall be made until the council shall again make ap plication to one of his Majesty's principal Secretaries of State in that behalf, and as in the case of the first appointment of a - police magistrate in such borough. And be it enacted that the council of every borough to which a separate commission of the peace shall be granted under the provisions of this Act, shall be authorised and required to pro vide and furnish one or mote fit and suitable office or offices, to be called " The Police Office," or dices of the borough, for the purpose of transacting the business of the justices of such borough, and to pay, from time to time, out of the borough fund, such sums as may be necessary for providing, uphholding, and furnishing, and for the necessary expenses of such police-office or offices; provided that no room or rooms in or adjoining to any house licensed as a victualling house or alehouse shall be used for the purposes of any such police-office. And be it enacted that every person assigned to keep the peace within any borough under the provisions of this Act, or any of them, shall, during the continuance of such assignment, execute the duties of a justice of the peace in and for the bo rough for which he shall have been so assigned, and also of and for the county within which such borough, or any part thereof, may be situated, and also of and for every county within seven miles :of any part of such borough, althoueli he may not have such qualification by estate as is required by law in the case of other persons being justices of the peace for a county, provided that such persons be not disqualified by law to act as a justice of the peace for any other cause, or upon any other account than in respect of estate, and although such person may not be a burgess of the borough in and for which he shall have been as signed to act as justice of peace : provided, nevertheless, that no such person, by virtue of such assignment, shall act as a jus tice of the peace at any court of gaol delivery, or general or quarter sessions, or in making or levying any county-rate or rate in the nature of a county rate, or in granting any license or authority to any person to keep or hold a victualling house, alehouse, or canteen therein, or to sell therein ale, beer, or other exciseable liquors by reatil. And be it enacted, that it shall be lawful for the justices of every borough to which a separate commission of the peace shall be granted as aforesaid, at their first or any other meet ing, and they arc hereby respectively required to appoint a fit person to be the clerk to the justices of such borough, to be removable at their pleasure, and so often as there shall be a vacancy in the said office of clerk to the justices by death, re. signation, removal, or otherwise : Provided, that it shall not be lawful for the said justices to appoint or continue as such clerk to the justices any councillor of such borough, or the town-clerk or clerk of the peace of such borough, or the partner of such town-clerk, or clerk of the peace, or any clerk or person in the employ of such town-clerk, or clerk of the peace : Provided also, That it shall not be lawful for the said clerk to the justices, by himself or his partner, to be directly or indirectly interested or employed in the prosecution of any offender committed for trial by the justices of whom lie shall be such clerk as aforesaid, or any of them, at any court of gaol delivery or general quarter sessions ; and any person, being a councillor or town clerk, or clerk of the peace of any borough, or the partner or clerk, or in the employ of such town clerk or clerk of the peace, who shall act as clerk to the justices of such borough, or shall otherwise offend in the premises, shall for every such offence forfeit and pay the sum of one hundred pounds, one moiety thereof to the treasurer of such borough to be paid over to the credit and account of the borough fund of such borough, and the other moiety thereof, with full costs of suit, to any person or persons who will sue for the same, in any of his Majesty's Courts of Record at Westminster. And be that the council of every borough which shall be desirous that a separate court of sessions of the peace shall be or continue to be holden in and for such borough, shall signify the same,by petition to his Majesty in council, setting forth the grounds of the application, the state of the gaol, and the salary which they arc willing to pay to the re• corder in that behalf, and if his Majesty shall be pleased thereupon to grant that a separate court of sessions of the peace shall be thenceforward holden in and for such borough, his Majesty may appoint for such borough, or for any two or more of such boroughs conjointly, a fit person, being a bar rister-at-law of not less than five years' standing, who shall be and be called the recorder of such borough or boroughs, and shall hold such office during his good behaviour-; and his Majesty, upon any vacancy in any such office, may appoint another fit person, being a barrister-at-law of not less than five years' standing, to be the recorder in the place of the person so making such vacancy ; and the recorder for the time being of any borough shall be a justice of the peace of and for such borough, and also of and for the county, within which such borough, or any part thereof respectively may be situated, and also of and for every county, within seven miles of any part of such borough, and shall execute the powers and duties of a jus_ tice of the peace for the same respectively, although he may not have such qualification by estate as is required by law its the case of any other person being a justice of the peace for a county ; and such recorder shall have precedence in all places within the borough of which he may be the recorder, next after the mavor thereof ; and it shall be lawful for his Majcsty to direct that an annual salary, not exceedi ng th e sum state d i n the petition of the council, shall be paid to such recorder by the treasurer of such borough, out of the borough fund : pro vided always, that no person being such recorder as aforesaid shall be a councillor or police magistrate of any b orough of which he shall be recorder : provided also, that i n ever y bo rough in and for which a separate court of ses•;ions of the peaco is now h o ld en , an d o f which the present recor d er or d eputy recorder is a barrister of five years' standing, the counc il may signify in th e i r p e ti t i on , th e i r "'ire that such record er or thde puty recorder, being qualifi P or appoint e d recorder ;:t as aforesaid, shall be conti nue d record P• - . under' the provisions of this Act ; an d in every such ear, if his Majesty shall be pleased to gr an t a separate c o of sessions of the peace to such borough, th e or deputy recorder so named in the said p e ti t i on , • .ail be the first recorder of such borough under the provisions of this Act. Provided nevertheless, and be it enacted, that no person as signed as aforesaid to keep the peace within any such borough shall be capable of acting as recorder or justice of the peace within such borough, until he shall have taken the oaths pro vided to be taken by justices of the peace, and until he shall have made before the mayor, or before any two or more of tho councillors of such borough (who is and are hereby authorized and required to administer the same), a declaration in the following form; that is to say : " I, A. 8., do hereby declare, that I will faithfully and impartially execute the office of recorder for, justice of the peace] for the borough of , according to the best of my judgment and ability." And be it enacted, that the recorder of every borough shall hold once in every quarter of a year, or at such other and more frequent times as the said recorder in his discretion shall think fit, or as his Majesty shall think fit to direct, a court of sessions of the peace in and for such borough, of which court the recorder of such borough shall sit as the sole judge ; and such court of sessions of the peace shall be a court of record, and shall have cognizance of all crimes, offences and matters whatsoever cognizable by any courts of sessions of the peace for counties in England, and shall havo power to do all things necessary for exercising such jurisdic tion as fully as any such last- mentioned court. ' And be it enacted that in the absence of the recorder, the mayor shall be authorized and required, at the proper times appointed for the holding of such court of sessions of the peace in and for such borough, to open the said court, and to ad journ over the holding of the same, and to respite all recog nizances conditioned for appearing at the same, until such fur ther day as such mayor then and there and so from time to time shall cause to be proclaimed : provided nevertheless that nothing in this Act contained shall authorize or require any such mayor to sit as a judge of the said court for the trial of offenders, or to do any other act in the character of a judge of such court, save only in opening and adjourning the same, and respiting the said recognizances in manner aforesaid. And be it enacted, that after the first day of May one thousand eight hundred and thirty-six, all powers and juris_ dictions to try capital felonies, and all other criminal jurisdic tions whatsoever granted or confirmed by any law, statute, letters patent, grant or charter whatsoever to any mayor, bailiff, alderman, recorder, or other corporate or chartered officer, or corporate or chartered justice of the peace whomsoever in any borough, and all right of any body corporate in any borough, or any of the members thereof, by virtue of any law, statute, letters patent, grant or charter whatsoever, to elect or nomi nate any justices to keep the peace in or for any borough, or by any members of any such corporate body to act as such justices of the peace in or for any of the last-named boroughs other than is herein declared, shall cease : provided neverthe less, that nothing in this Act contained shall be construed to restrain or prevent the bolding of any court of sessions of the peace in and for any borough for which such court may now be holden, until the said first day of May, but every such court may be holden in like manner, and with the same powers, until the said first day of May, as if this Act had not been passed. And be it enacted, that until his Majesty in Council shall direct a commission of assize and gaol delivery to be executed within the town, and the several counties of the cities and towns named in the schedule (D) to this Act annexed, the jus tices of the town, and of the counties of the cities and towns named in the first column of the said schedule ( D) respectively, arc hereby authorized and required, after the passing of this Act, to commit all persons charged with offences which the re corders of the said cities and towns, after the said first day of March, one thousand eight hundred and thirty-six, will not have jurisdiction to try, to the gaol of the county named in the second column of the said schedule (D), in conjunc tion with such city or town respectively, there to remain and take their trial before the judges of assize and gaol delivery on their circuit ; and the said justices are hereby authorized and required to take recognizances of all such persons neces sary to prosecute and give evidence against such offenders, to appear for that purpose before such judges of assize and goal delivery, and to transmit all such recognizances, and all depositions relating to such charges to the clerks of the peace of the county in which such offenders shall be tried as. h . foresaid respectively ; and the sh er iff; under-sheriff , gao l ers, an d other officers of the county in which s'ach offenders shall be so tried are hereby authorized and r‘squired in every such case to receive every prisoner so eP,Minitted to their custody, and him safely to keep until deli.. vered by due course of law ; and the judges of assize, and others named in his Majesty's commissions of oyer and terminer and gaol delivery for the time being in and for the said counties named in the second column of the said schedule (D) respectively, are hereby authorised and required to hear and determine all such cases, with full power to arraign, try and sentence such offenders according to the same forms and rules as to jurors and others, and for all purposes as fully as if the offences had been committed in the said last-named county, although the offence shall in the indictment be alleged to have been committed within the county from which such offender shall have been so committed, and to order the payment of the usual and fit expenses of the prosecutors and witnesses. And be it enacted, that after the said first day of March, one thousand eight hundred and thirty-six, every person who shall then stand committed to take his trial at any Court of gaol delivery, general or quarter sessions of the peace for any borough, charged with any offence which the recorder of such borough after the said first day of March will not have juris diction to try, may be lawfully removed and committed to the gaol of the county in which or adjoining to which such borough it situated, there to remain and take his trial at the next court of quarter sessions for such county, if the offence is cognizable by a court of quarter sessions, and if not, then before the judges of assize and gaol ,delivery at their next circuit ; and for this purpose the borough and town of Berwick-upon- Tweed, shall be taken to adjoin to the county of Northum berland, and the borough and city of Bristol to adjoin to the county of Gloucester ; and all persons bound by recognizance to prosecute and give evidence against such offenders, shall be bound to appear to prosecute and give their evidence at the court at which such offenders shall be tried as aforesaid ; and all such recognizances and all depositions relating to such charges shall be transmitted to the clerk of the peace of the county where such offenders shall be tried; and the sheriff, under sheriff, gaolers and other officers of the county in which such offenders shall be so tried are hereby authorised and re quired in every such case to receive every prisoner so com mitted to their custody, and him safely to keep until delivered by due course of law; and the judges of assize and others named in his Majesty's commissions of over and terminer and gaol delivery, or the justices for the county, as the case may be, in which such offenders shall be tried, are hereby autho rized and required to hear and determine all such cases, and to order the payment of the usual and fit expenses of the prose cutors and witnesses. a And he it enacted, that after the said Ist day of May, 1836, the justices assigned, or hereafter to be assigned, to keep the peace in and for the county, in which any borough is situated, to which his Majesty shall not hare granted that a separate court of sessions of the peace shall be holden in and for the same, shall exercise the jurisdiction of justice of the peace in and for such borough, as fully as by law they and each of them can or ought to do in and for the said, county ; any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding. And be it enacted, that within ten days after the grant of a separate court of sessions of the peace to any borough, the council of such borough shall send a copy of such grant, sealed with the seal of the borough, to the clerk of the peace of the county in which such borough or any part thereof is situated ; and after the grant of such court to any borough, it shall not be lawful for the justices of the peace of aty county wherein such borough or part of such borough is si tuate, to assess any messuages, lands, tenements, or heredi taments within such borough, to any county rate thereafter to be made, but every part of every such borough shall thenceforward be wholly free and discharged from contribu ting otherwise than is hereinafter provided to any rate or assessment of any kind of and for the county in which any part of such borough is situated : provided nevertheless, that all arrears of such rates theretofore made may be levied and collected as if this Act had not been passed. And be it enacted that the treasurer of every county in England and Wales shall keep an account of all costs arising out of the prosecution, maintenance, and punishment of alt offenders committed for trial to the assizes in such county, from any borough in which a separate court of sessions of the peace shall be holden, including all usual and fit expenses or dered to be paid to prosecutors and their witnesses, and shall once in every year send a copy of the said account to the coun cil of each of the said boroughs, and shall make an order for the payment of the same on the council of such borough ; and the council of every such borough 81;41 forth w ith or d er the.: same, with all reasonabl e c h arges o making and sending suclt account, to be paid to the treasurer of such county, out of tar e borough fund; and in case any difference shall arise conctiii.. ing the said account, it shall be decided by the arbitratiwy o f a M