The Sun.
London, England, 1835-10-05 00:00:00

MUNICIPAL REFORAI BILL.

FIFTH AND SIXTH WILLIAM IV._

AN ACT TO PROVIDE FOR THE REGULATION
OF MUNICIPAL CORPORATIONS IN ENGLAND
AND WALES.-SErT. 9, 1535.

(Continued from The Sun of Saturday).
JUSTICES NEED NOT LE QUALIFIED Lit ESTATE.--SUCH

JUSTICES NOT TO SIT IN COURTS OF GAOL DELI-

VERY, &C.

101. And be it further enacted, that every person as-
signed to keep the peace within any borough under the
previsions of this Act, or any of them, shall, during the
continuanoe of such assignment; execute the duties of a
justice of the peace in and for the borough for which he
shall have , been so assigned, although_ he may not have
such qualification by estate as is required by law in the
case of other persons beins, justices of the peace for .a
county, proyided that such° person 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 al-
though such person may not be a burgess of the borough
in and for which he shall have been assigned to act as a
justice of peace ; and that every summons for the appear-
ance of any person, or warrant to compel such appearance,
or warrant for the apprehension of any person charged
with any offence, or search warrant, issued by any
justice of the peace acting in and for any bo-
rough in any matter within his jurisdiction, may
be respectively served and executed within any county
in which the said borough shall be situated, or within any
distance not-exceeding seven miles from such borough, and
within such limits as aforesaid, shall have the same force
and effect as if the same had been originally issued or sub-
sequently endorsed by a justice of the peace having juris-
diction in the place. where the same shall be served or exe-
cuted, any law, statute, charter, or usage .to the contrary
notwithstanding ; and every such summons and warrant
shall and may be lawfully served or executed within such
limits as aforesaid; by the constable or special constable to
whom the same shall be directed : Provided nevertheless,
that no such person, by virtue of such assignment, shall act
as, a justice of the peace at any court of gaol delivery or ge-
neral or quarter sessions, or in making or levying any county
rate, or rate in the nature of a county rate.

JUSTICES TO APPOINT A CLERK, WHO SHALL NOT BE CLERK
OF THE PEACE, OR AN ALDERMAN OR COUNCILLOR, NOR
BE CONCERNED IN THE PROSECUTION OF OFFENDERS

COMMITTED BY THE BOROUGH JUSTICES.
102. 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 meeting, and they are hereby respectively required, to
appoint a fit perion to be the clerk to the justices of
such borough, to be removable at their pleasure, and so
as often as there shall be a vacancy in the said office
of clerk to the justices by death, resignation, 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 alderman or councillor of such borough, or
clerk of the peace of such borough, or the partner of such
clerk of the peace, or any clerk or person in the employ of
such 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 jus-
tices of whom he shall be such clerk as aforesaid, or any
of, them, at any court of gaol delivery or general or quarter
sessions ; and any person being-an alderman or councillor,
or clerk of the peace of any borough, or the partner or
clerk or in the employ of.such clerk of the peace, who shall
act as clerk to the justices of such borough, or shall other-
wise offend in the premises,, shall for every such offence for-
feit and pay the sum of 1001., 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 who
will sue for the same in any of his Majesty's Courts of Re-.
cord at Westminster.

lIS MAJESTY MAY GRANT A SEPARATE COURT OF QUAR-
TER SESSIONS, AND APPOINT A RECORDER IN CERTAIN

BOROUGHS.-RECORDER TO BE A JUSTICE or THE PEACE
For, THE BOROUGH.; BUT NOT A MEMBER OF PARLIA-
MENT FOR THE BOROUGH, ALDERMAN, COUNCILLOR, OR

FOLICE MAGISTRATE.

103. And be it enacted, that the council of every borough
which shall be desirous that a separate court of quarter ses-
sions 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 appli-
cation, the state of the gaol, and the salary which they are
willing to pay to the recorder in that behalf ; and it shall be •
lawful for his Majesty, if he shall be pleased thereupon, to
,grant that a separate court of quarter sessions of the peace
shall be thenceforward holden in and for such borough, to
appoint for such borough, or for any two or more of snail
boroughs conjointly, a fit person, being a barrister-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 upon-any vacancy
in any such office to appoint another fit person, being a bar-
rister-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 council of every such borough shall appoint a fit
person to be clerk of the peace during his good behaviour ;
and the recorder for the time being of any borough shall
be a justice of the peace of and for such borough, 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 such recorder shall have pre-
cedence in all places within the borough of which 'he may
be the recorder next after the mayor thereof ; and in such
case it shall be lawful for his Majesty to direct that an an-
nual salary, not exceeding the sum stated in the petition of
the council, shall be paid to such recorder by the treasurer
of such borough out of the borough fund : Provided al-
ways, that no person being such recorder as aforesaid, shall
be eligible to serve in Parliament for such borough, or shall
be an alderman, councillor, or police magistrate of such
borough : Provided nevertheless, that nothing in this Act
co:stained shall be construed to disqualify any such recorder
from being appointed a barrister to revise any list of voters
under the provisions of an Act passed in the second year of
his Majesty, intitulcd, " An Act to amend the Represen-
tation of the People in England and Wales," or from being
eligible to serve in Parliament, otherwise than is herein-be-
fore provided : Provided also, that in every borough in and
for which a separate court of general or quarter sessions of
the peace is now holden, and of which the present recorder
or deputy recorder is a barrister of five years' standing,
such recorder or deputy recorder, being qualified as afore-
said, shall be continued or appointed recorder-under the pro-
visions of this Act : Provided also, that in the case of sick-
ness or unavoidable absence, the recorder of anv borough
shall be empowered, under his hand and seal, witir, the con-
sent of the council of such borough, to appoint a deputy
recorder, being a barrister of five years standing, to act for
him at the quarter sessions of the peace then next ensuing,
and no longer or otherwise.

RECORDER AND JUSTICES TO MAKE DECLARATION BEFOP.E

ACTING.

104. Provided nevertheless, and be it enacted, that no
recorder, or person assigned to keep the peace within any
such borough, shall be capable of acting as recorder or jus-
tice of the peace within such borough, until he shall have
taken the oaths provided to be taken by justices of the
peace, except the oath as to qualification by estate, and un-
til he shall have made before the mayor, or before 'any two
or more of the aldermen or councillors of such borough
(who is and are hereby authorised and required to adminis-
ter the same) a declaration in the following form (that is
to say) :
" I, A. B , do hereby declare, that I will faithfully and im-
partially execute the office of recorder [or justice of the peace]
for the borough of , according to the best of my judg-
ment and ability."

SESSIONS OF THE PEACE TO BE HELD FOR THE BOROUG
OF WHICH THE RECORDER TO BE THE SOLE JUDGE.-

RECORDER NOT TO MAKE OR LEVY COUNTY RATE, &C.
- 105. And be it enacted that the recorder of every bo-
rough shall hold once is every quarter of a year, or at such
other and more frequent times as the said recorder in hiS
discretion may think fit, or as his Majesty shall think fit to
direct, a court of quarter 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 quarter ses-
sions of the peace shall be a court of record, and shall have
cognizance of all crimes, offences, and, matters whatsoever
cognizable by any court of quarter sessions of the peace for
counties in England, and the said recorder shall have power
to do all things necessary for exercising such jurisdiction,
notwithstanding his being such sole judge, as fully as any
such last-mentioned court : provided nevertheless, that no
recorder, by virtue of his office, shall have power to make
or levy any county rate, or rate in the nature of a county
rate, dr to grant any license or authority to any person to
keep an inn, alehouse, or victualling house, to sell excisable
liquors by retail, or to exercise any of the powers herein
specially vested in the council of such borough.

MAYOR, IN THE ABSENCE OF THE RECORDER AND DE•

PUTY RECORDER, MAY OPEN AND ADJOURN THE COURT,

106. And be it enacted, that in the absence of the re-
corder and deputy recorder, the mayor shall be authorised
and required, at the proper times appointed for the
holding of such court of quarter 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 re-
cognisances conditioned for appearing at the same, until
such further day as such mayor, then and there, and so
from time to time, shall cause to be proclaimed :—Pro-
vided nevertheless, that nothing in this Act contained
shall authorise 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