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

ba- ister to be named as is provided in the case of difference
wit:: respect to the payment of monies under contracts ma3e
by imtliority of an Act made in the fifth year of his late Ma-
King George the Fourth, intituled " An Act for amend-
2ric in Act of the last session of Parliament, relating to the
bu;'pling, repairing and enlarging of certain gaols and houses
of correction, and for procuring information as to the state of
all ether gaols and houses of correction in England and
.;es : " provided that nothing herein contained shall be
cc Arued to alter or restrain the powers given by the last-
m: rationed Act of contracting with the justices of the
pc. ,-e having authority or jurisdiction in and over any gaol
or ?louse of correction of the county wherein or where such
bo:-.)ugh is situated, or whereto it is adjacent, for the eon-
ye: :ince, support and maintenance in such last-mentioned
v.] or house of correction of prisoners committed there-
to from such borough ; and for the purpose of making
contracts as aforesaid. the recorder of such borough shall have
poser to make the orders required by the said last-mentioned Act
to he made at the borough sessions.
'tntl be it enacted, that the treasurer of every county in England
and Wales shall keep an account of the suns of money expended
ort of the county-rate for other purposes than the costs arising
al. of the prosecution, maintenance, and punishment of offenders
comenitted for trial in such county, and shall once in every year
ae.‘tt a 'opy of the said account to the council of every borough
si tate within such county, in which a separate court of session of
tl-e peace shall be holden, and shall make an order on the council of
ry such bort:ugh for the payment of such proportion of such
sum as ought thert%fore to be paid and contributed by such borough,
taking into account ;Thether or not such borough, or any part
flu reof, had an exemption 2n whole or in part from contributing to
tl county rate of such county", before the
it passing of
the is
Act ;w
and
the conned of such borough shall fPrthwh order ,
te said account, to
aE reasonable charges of making and se;:ding
h
the borough fundbe
paid to the treasurer of such county, out t.;_.
ers.ing the last-
F -wided that in case any difference shall arise con...
mentioned account, it shall be lawful for either party appeal to
tl,e Lords of his Majesty's Privy Council, who shall then, upon
n...ke such order as to them shall seem expedient ; and such oider.

a' all be binding upon all parties.
Ind be it enacted, that in every borough in which by charter or
custom there is or ought to be holden a court of record for the trial
of civil actions not regulated by the provisions of any local Act of
Iserliament, the recorder, or in the absence of the recorder, or in
c...,e there shall not be a recorder, the mayor of such borough shall
1 • the judge of such court ; and every such judge shall hold the
s I court at such times and places, and with such rules of practice,
and with the same powers and jurisdiction as belonged to the said
court at the time of passing this Act ; provided always that in every
c. -:e in which such court had not before the passing of this Act
: ethority to try such actions as are hereinafter next mentioned, such
cu irt shall have authority to try actions of assumpsit, covenant, and
or bt, whether the debt be by specialty or on simple contract, and
all actions of trespass or trover for taking goods and chattels, pro-
N. ied the sum or damages sought to be recovered shall not exceed
is, ..nty pounds, and all actions of ejectment between landlord and
t. Ant wherein the annual rent of the premises of which possession
is sought to be recovered shall not exceed twenty pounds ; provided
a ai, that every such judge respectively, from time to time, may
r 1 tke rules for regulating the practice of such court over which he
ye esides ; but so that no such rules shall be of force until they shall
I,,ve been allowed and confirmed by three or more judges of the su-
perior courts of common law at Westminster.
And be it enacted, that the council of every borough in which
tlwre shall be holden a court of record for the trial of civil actions as
a. .resaid, shall appoint a registrar of such court, and such other
4 .lieers and servants as are necessary for carrying on the business
si.ti executing the process of such court ; provided that no registrar
c • other officer of such court shall, by himself or his partners, prac-
-1 -..! as an attorney in such court.
knd be it enacted, that no suit commenced in any court of re-
curd in any borough before the first day of March, one thousand
eight huodred and thirty-six, shall abate by reason of any change
that shall I:ave been worked in the constitution of such court by
Cie provisions of this Act, but that the same may be heard and de-
termined as if it bad been commenced before such judge.
And be it enacted, that every person being a burgess of any bo-
rough wherein there shall be a separate court of sessions of the
p..ace, or a court of record for the tria of civil actions (unless he
s.iall be exempt or disqualified otherwise than in respect of pro-
perty from serving on juries, by virtue of an Act passed in the sixth
y. ar of the reign of King George the Fourth, intituled " An Act
I .r consolidating and amending the Laws relative to Jurors and Ju-
n-s') shall be qualified and liable to serve on grand juries in such
I..irough, and also upon juries, for the trial of all issues joined in
u..y court of sessions of the peace, and in any court of record,
Jri the trial of civil actions, triable within the borough
of which such person shall be a burgess ; and the clerk
of the peace of every such borough, shall give public
notice of the time and place of holding every such sessions of the
leace ten days at the least before the holding thereof, and shall,
s •ven days at the least before the holding thereof, cause to be sum-
moned a sufficient number of persons, being qualified and liable as
aforesaid, to serve as grand jurors at such sessions ; and the clerk
(.. the peace and registrar of the court of record respectively shall
aiio cause to be summoned not less than thirty-six nor more than
:s.xty persons, so qualified and liable as aforesaid, to serve as jurors
;it every such, sessions, and at the holding of every such court of
s cord for the trial of causes ; and such summons shall be made by
s .owing to the person to be summoned, or, in case he shall be
a ~sent from the usual place of his abode, by leaving with some
person therein inhabiting a note in writing, under the hand of such
. lerk of the peace, or registrar respectively, containing the sub-
:stance of such summons; and such clerk of the peace shall make
out a list of the names of such persons so summoned as grand
j irors, and the clerk of the peace and registrar respectively shall
:so make out a panel of such persons so summoned other than
1 and jurors ; and such list and panel shall respectively con-
t un therein the Christian names and surnames, places of abode,
a-a.. 1 descriptions of the several persons therein named ; and if
me, person. having been duly summoned to attend on any jury,
s lit not attend in pursuance of such summons, or, being thrice
eatiel, shall not answer to his name, or after his appearance wil-
f illy vbithdraw himself from the presence of the court, the court
s:tau imp•ese such fine upon every person so making default (unless
s.ene reason: able excuse shall be proved to the satisfaction of the
a urt) as the Court shall think meet; and if any person on whom
such tine shall be imposed shall refuse to pay the same to theperson
who shall be authori:ed by the court to receive the same, it shall
Le lawful for the court t.`'. en, or at its next sitting, by order of the
court signed by the clerk o: the peace or registraa respectively, to
cease to be levied, by distr'ess and sale of the goods of the
person on whom such fine shall have been imposed, every such
line and the reasonable charges of such distress and sale;
and every fine so received shall .12° paid to the treasurer
of the borough, to be by him carried id the account of the
1: .rough fund hereinbefore mentioned : crovided neverthe-
1. as, that no person shall be summoned to serve as a juror to
in one year.
s-t-ii sessions or court of record oftener than once
~„-‘ery coun-
And be it enacted, that after the passing of this Act,
r'llor for the time being of every borough, and every justice ass".447d
t., :.eep the peace therein, and the treasurer and town clerk for ti:.e
tine being of every such borough, shall be exempt and disqualified
fi cal serving on any jury summoned within such borough respec-
ti . ely, and exempt from serving on any jury summoned to serve in
te • county wherein such borough is situate ; and all burgesses of
e ..ry borough in and for which a separate court of sessions of the
race shall be holden, shall be exempt from any jury summoned
f.i.- the trial of issues joined in any court of general or quarter ses-
s ,ns of the peace in the county wherein such borough is situate.
And be it enacted, that after the passing of this Act no person
shall continue to be exempt from serving on juries in any of the
p'ing's courts of record at Westminster, or in the superior courts,
tin :1 or criminal, of the counties Palatine of Lancaster and Dur-
-1 nn, or in any court of assize, nisi prius, oyer and terminer, gaol
t% livery, or sessions of the peace, or in any other of the King's
e, tits, by virtue of any writ, grant, charter, or prescription ; and
so vouch of an Act made in the sixth year of the reign of his late
ilajesty King George the Fourth, intituled " An Act for consoli-
d. 'nig and amending the laws relative to jurors," as provides that
al persons exempt trom serving upon juries in any of the Courts
a. resaid, by virtue of any prescription, charter, grant, or writ,
5'.....l continue to have and enjoy such exemption in as ample a
ri niter as before the passing of that Act, and shall not be inserted
in he lists thereafter mentioned, shall be and the same is hereby
repealed.
And be it enacted, that the council of every borough shall, and
C. v are hereby required, within six calendar months next after
t ,r their election, to make and settle a table of the fees, which
td be taken by the clerk of the peace, in those boroughs in
s., ich a separate court of session of the peace shall be holden' and
in i'lose boroughs to which a commission of the peace shall have
been granted, a table of the fees to be taken by the clerk to the
j stices, and in those boroughs in which there shall be a court of
✓ .. ord, a table of the fees to be taken by the registrar and officers
c >itch court ; and such tables of fees shall be submitted to one of
1 ; Majesty's principal Secretaries of State ; and when such tables
o fees shall be confirmed and allowed by such Secretary of State,
ei, ter as such table shall hare been submitted to him, or with
suee alterations, additions or abatements as he shall think proper,
t , fees therein mentioned may thenceforth be lawfully taken by
the person therein named, to be entitled thereunto ; and it shall
b • lawful for the council of such borough from time to time, as oc-
ca ion may require, to make new tables of fees, to be taken instead
o the fees coOtained in the tables which shall have been made
a aforesaid, which new table shall be confirmed and allowed
in the manner her,:inbefore mentioned, otherwise the same shall
be of no validity ; and that until tables of the fees so to be taken
ii' any such borough shag have been made and confirmed as aforesaid,
it Aiall be lawful for such clerk of the peace at the sessions
for any such borough, and such clerk to the justices, to take the
fi es authorized by the table for the time being te be taken by the
el rk of the peace at the selisions, and clerk to the justices respec-
t' eely, for the county within or adjoining to which such borough is
.I,..tated, and for the registrar and officers of such court of re-
c. rd, to take the fees usually taken by them before the passing of
iti: Is Act.
stud be it enacted, that the town-clerk of erefi• borough shall
C. 'lse a true copy of the tables of fees in force for the ti. -...P being
t.• tie hung up in a conspicuous part of the room in which the busi-
✓ as of his office is transacted, and also in the room wherein the
ji rites of the peace of such borough shall sit for transacting their
b ,iness, and also in the room wherein the court of sessions of the
pc_ce for the borough shall be hell, and also in the court of record
In the said borough.
A:id be it enacted, that when by any Act any penalties or for-
feitures are or shall hereafter be made recoverable in a sunl-
it. ry manner before any justice or justices of the peace, and by
siLli Act respectively the same are or shall be limited and made
pt. cable to liis Majesty or to any body corporate, or to any per-
SG,I whomsoever, save and except the informer, who shall sue for
th, same, or any party aggrieved, in every such case the same,
if recovered and adjudged before any justice of any borough in
ectich a separate court of sessions of the peace shall be holden
a, aforesaid, shall, notwithstanding anything in such Act re-
el ctively contained, be recovered for and adjuged to be paid
to the treasurer of such borough for the time being, to the
c dit and on account of the borough fund of such borough ;
anti no such penalty or forfeiture, or share of such penalty or for-
e...fere, shall in any case be recovered by or adjudged to be paid to
an', other person than the said treasurer unless such person be the
iiLroxer or the party aggrieved. Provided always, that nothing
b. rein contained shall extend to,any penalties or forfeitures reco-
v. red under any Act relating to the customs, er to trade or naviga-
t...n, au& or by the direction of the commissioners of his
11l re-sf.jki etitt. which shall be paid to such person as the said
stsod...ft
013-nnissionersp 'direct to receive the same.
Aua- for,Vie- n#e)effectual prosepttion of offences punishable
a ton: SittOiXt comrtion by virtue of this Act ; be it enacted that
l '4oeptiorf fOr'e'rer, y su,,.h. offence shell be epininenced within
-.tbe pro,
~.....ttret, calio (sx trionthikafter the comni.'!"twn of the oftetw.e, and not
..; otherwise' ,z ai:cl _that' where any person sha.:ll he ellarge4 " the
'
'..-- osisblof a credible,:,witness, --- a iustic.c of
with any such offence hew,. ...
, be-
. . • . • -*Qv summon '
the peace; the justice n the party charged to appea. _
'lee any. two justices" of toe peace acting in and for the borough in
which such offence hall have been committed, at a time and place
to be named in•such summons ; and if such party shall not appear
accordingly, the justices of the peace then and there present (upon
pt oof of the due service of the summons by delivering a copy
thereof to the party, or by delivering such copy at the party's usual
pace of abode to some inmate thereat, and explaining the purport

thereof to such inmate), may either proceed to hear and deter-
mine the case in the absence of the party, or may issue their war-
rant for apprehending and bringing such party before them as they

shall think proper.
And be it enacted, that it shall be lawful for any justice of the
peace acting in and for any borough to issue Ins summons requiring
any person to appear before any such justices of the peace for the
purpose of giving evidence touching any offence against this Act,
and if any person so summoned shall neglect or refuse to appear at
the time and place appointed by such summons, and no reasonable
excuse for his absence shall be proved before the justices of the
peace then and there present, or if any person appearing in obedi-
ence to such summons shall refuse to be examined on oath touching
any such offence by the justices then and there present, every per-
son so offending shall, on conviction thereof before the said justices,
or any other justices of the peace, forfeit and pay such sum of
money, not exceeding five pounds, as to the convicting justices shall
seem meet ; and no person, although liable to the rate contributing
to the borough fund of any borough, shall be deemed an incompe-
tent witness in proof of any offence against this Act by reason of
' any penalty or forfeiture for such offence being applicable to the use
of such borough fund ; and no justice of the peace shall be disabled
from acting in the execution of this Act by reason of his being
liable to the rate contributing to the borough fund of any borough.
And be it enacted, that the justices of the peace by whom any
person shall be summarily convicted and adjudged to pay any sum
of money for any offence against this Act may adjudge that such
person shall pay the same either immediately or within such period
as the said justices shall think fit ; and in case such sum of money
shall not be paid at the time so appointed, the same shall be levied
by distress and sale of the goods and chattels of the offender, by
the reasonable charges of such distress; and for want of sufficient
distress such offender shall be imprisoned with or without hard la-
bour in the common:gaol or house of correction, as to the convicting
justices shall seem meet, for any term not exceeding one calendar
month where the sum to be paid shall not exceed five pounds, and
for any term not exceeding two calendar months in any other case,
the imprisonment to cease in each of the cases aforesaid upon pay-
ment of the sum due.
And be it enacted, that the Justices of the Peace before whom
any person shall be summarily convicted of any offence against this
Act, may cause the conviction to be drawn up in the following form
of 7,..-Irds, or in any other words to the like effect, as the case may
i.,:at is to say—
require ;
t)—Be it remembered, that on the day of
" (to v..
Lord, —, in the borough of —, in
—, in the year Of
A. Co.:: convicted before us J. P. and J. J. P.
the county a—, :he Peace for the said county (or
two of his Majesty's Justices oi
borough, or otherwise, as the case sii,:lv be), for that the said A.
0. did (here specify the offence, and the tune and place when and
where the same was committed, as the case may be), and we do ad-
judge the said A. 0. shall for the said offenc3 forfeit the sum of
—, and shall pay the same immediately (or, allSil pay the same
on or before the day of —) to the treasurer for the
said borough, to be by him applied according to the directions of
the statute in that case made and provided. Given under our
hands the day and year first above-mentioned.
And be it enacted, that any person who shall think himself ag-
grieved by any summary conviction in pursuance of this Act, may
appeal to the next court of general or quarter sessions of the peace
to be holden not less than twelve days after such conviction, for the
county, or for the borough wherein the cause of complaint shall have
arisen, provided that such person shall give to the complainant a
notice in writing of such appeal, and of the cause and matter
thereof, within three days after such conviction, and seven clear
days at the least before such sessions, and shall also either remain in
custody until the sessions, or within such three days enter into re-
cognizance with a sufficient surety before a justice of the peace,
conditioned personally to appear at the said sessions and to try such
appeal, and to abide the judgment of the Court thereupon, and to
pay such costs as shall be by the Court awarded ; and upon such
notice being given and such recognizance entered into, the justice
before whom the same shall be entered into shall liberate such per-
son if in custody ; and the Court at such sessions shall hear and
determine the matter of the appeal, and shall make such order
therein, with or without costs to either party, as to the Court shall
seem meet ; and in case of the dismissal of the appeal, or the affirm-
ance of the conviction, shall order and adjudge the offender to be
dealt with and punished according to the conviction, and to pay
such costs as shall be awarded, and shall, if necessary, issue process
for enforcing such judgment.
And be it enacted, that no conviction, order, warrant, or other
matter made, or purporting to be made, by virtue of this Act, shall
be quashed for want of form, or be removed by certiorari, or other-
wise, into any of his Majesty's Courts of Record at Westminster ;
and no warrant of commitment shall be held void by reason of any
defect therein, provided that it be therein alleged that it is founded
on a conviction, and there be a good and valid conviction to sustain
the same ; and where any distress shall be made for levying any
money by virtue of this Act, the distress itself shall not be deemed
unlawful, nor the party making the same be deemed a trespasser,
on account of any defect or want of form in the summons, con-
viction, warrant of distress, or other proceedings relating thereto,
nor shall the party distraining be deemed a trespasser ab initio on
account of any irregularity afterwards committed by him, but the
person aggrieved by such irregularity may recover full satisfaction
for the special damage, if any, in an action upon the case.
And for the protection of persons acting in the execution of this
Act, be it enacted, that all actions and prosecutions to be com-
menced against any person for anything done in pursuance of this
Act, shall be laid and tried in the county where the fact was com-
mitted, and shall be commenced within six calendar months after
the fact committed, and not otherwise ; and notice in writing of
such action, and of the cause thereof, shall be given to the defen-
dant one calendar month at least before the commencement of the
action ; and in any such action the defendent may plead the general
issue, and give this Act and the special matter in evidence at any
trial to be had thereupon ; and no plaintiff shall recover in any such
action, if tender of sufficient amends shall have been made before
such action brought, or if a sufficient sum of money shall have been
paid into court after such action brought, by or on behalf of
the defendant ; and if a verdict shall pass for the defendant, or the
plaintiff shall become nonsuit, or discontinue any such action after
issue joined, or if upon demurrer or otherwise, judgment shall be
given against the plaintiff, the defendant shall recover his full costs
as between attorney and client, and have the like remedy for the
same as any defendant hath by law in other cases.
And whereas sundry towns of England and Wales are not towns
corporate, and it is expedient that several of them should be incor-
porated ; be it enacted, that if the inhabitants of any town in Eng-
land and Wales should petition his Majesty to grant to them a char-
ter of incorporation, it shall be lawful for his Majesty, by any such
charter, tb extend to the inhabitants of any such town, all or any of
the powers and provisions in this Act contained.
And be it enacted, that this Act may be altered or amended by
any Act to be passed in this present session of Parliament.

SCHEDULES TO WHICH THIS ACT REFERS.
SCHEDULE (A).
ENGLAND AND WALES.
BOROUGHS WHICH ARE TO HAVE A COMMISSION OF THE PEACE,
DIVISION I.
BOROUGHS TO BE DIVIDED INTO WARDS.
SECTION 1.--Parliamentary Boundaries•to be taken.
Bath
11,.5t0l Mayor, Burgesses, and Commonalty
Exeter
Kingston-Upon-Hull Mayor and Burgesses
Leeds ... .. Mayor, Aldermen, and Burgesses
Leicester
Liverpool
Macclesfield lyr:yor, Aldermen, and Burgesses
Newcastle-upon-Tyne Maym• and Burgesses
Norwich Mayor, Sig-Tiffs, Citizens, and Commonalty
Nottingham Mayor and Btwgesses
Portsmouth Mayor, Aldermen, and Burgesses
Preston Mayor, Bailiffs, and Burgesses
Stockport Mayor, Aldermen, and Burgesses
Sunderland Mayor, Aldermen, and Commonalty
Worcester Mayor, Aldermen, and Citizens
Yarmouth, Great Mayor, Aldermen, Burgesses, and Com-
monalty
York Mayor and Commonalty
SECT. 2.—Boundaries to be declared by the King in Council.
Coventry Mayor, Bailiffs, and Commonalty
Plymouth Mayor and Commonalty
DIVISION II
BOROUGHS NOT TO BE DIVIDED INTO WARDS.
SECT. I.—Parliamentary Boundaries to be taken.
Aberystwith Mayor and Burgesses
Abingdon Mayor, Bailiffs, and Burgesses
Andover Bailiff, approved Men, and Burgesses
Banbury Mayor, Aldermen, and Burgesses
Barnstaple Mayor, Aldern-,en, and Burgesses
Bedford Mayor, Bailiffs, and Burgesses
Beverley Mayor, Aldermen, and Burgesses
Brecon . Bailiff, Aldermen, and Burgesses
Bridgewater Mayor, Aldermen, and Burgesses
Ilridport Bailiffs and Burgesses
Bury St. Edmond's .Aldermen and Burgesses
Cambridge Mayor, Bailiffs, and Burgesses
Canterbury Mayor and Commonalty
Cardiff Bailiffs, Aldermen, and Burgesses
Carlisle Mayor, Aldermen, Bailiffs, and Citizens
Carmarthen Mayor, Burgesses, and Commonalty
Carnarvon Mayor, Bailiffs, and Burgesses
Chester Mayor and Citizens
Chichester Mayor, Aldermen, and Citizens
Colchester Mayor and Commonalty
Dartmouth Mayor, Bailiffs, and Burgesses
Derby Mayor, Aldermen, and Burgesses
Devizes Mayor and Burgesses
Dorchester Mayor, Bailiffs, Aldermen, and Burgesses
Dover Mayor, Jurats, and Commonalty
Durham Mayor, Aldermen, and Commonalty
Gateshead Boroughholders and Freemen
Gloucester
Guildford Mayor and Burgesses
Harwich
Haverfordwest Mayor, Sheriffs, Bailiffs, and Burgesses
Ilereford ...Mayor, Aldermen, and Citizens
Ipswich Bailiffs, Burgesses, and Commonalty
Kendal Mayor, Aldermen, and Burgesses
Kidderminster High Bailiff and Commonalty
King's Lynn Mayor and Burgesses
Lancaster Mayor, Bailiffs, and Commonalty
Lichfield Bailiff and Citizens
Lincoln Mayor, Sheriffs, Citizens, and Commonalty
Ludlow Bailiffs, Burgesses, and Commonalty
Maidstone Mayor, Jurats, and Commonalty
'Monmouth Mayor, Bailiffs, and Commonalty
Neath .Portreeve, Alderman, and Burgesses
Newark Mayor and Aldermen
Newcastle-under-Lyne Mayor, Bailiffs, and Burgesses
Newport, I. of Wight Mayor, Aldermen, and Chief Burgesses
Newport, Monmouth Mayor, Aldermen, and Burgesses
Northampton Mayor, Bailiffs, and Burgesses
Oxford Mayor, Bailiffs, and Commonalty
Pembroke Mayor, Bailiffs, and Burgesses
Penzance Mayor, Aldermen, and Commonalty
Pontefract Mayor, Aldermen, and Burgesses
Poole Mayor, Bailiffs, Burgesses, and Commonalty
Reading Mayor, Aldermen, and Burgesses
Richmond Mayor and Aldermen
Ripon
Rochester Mayor arid Citizens
St. Alban's Mayor, Aldermen, and Burgesses
Sarum, New Mayor and Commonalty
Scarborough Bailiffs and Burgesses
Shrewsbury Mayor, Aldermen, and Burgesses
Southampton Mayor, Bailiffs, and Burgesses
Stafford Mayor, Aldermen, and Burgesses
Stamford ... Mayor, Aldermen, and Capital Burgesses
Swansea s Burgesses
Tewkesbury .Bailiffs, Burgesses, and Commonalty
Tiverton IMMIqt.. Mayor and Burgesses
'^-uro )lR.yor, Aldermen, and Capital Burgesses
Mayor, Aldiqlnep, and Burgesses
_Mayor, Masters, and Burgesses
Aldermen, Bailifk Iffirgessas, 04

. -
Warwick
Wells

Weymouth and Mel- 1
Mayor,
combo Regis Commonalty
Wigan Mayor, Aldermen, and Burgesses
Winchester Mayor, Bailiffs, and Commonalty