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

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 enacted, that 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 certain day, to be named in such
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 -named
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 borough in 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 borough 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.toe 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 Ellett 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 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 : pro-
vided always, that no person being such recorder as aforesaid
shall be a councillor or police magistrate of any borough of
which he shall be recorder : provided also, that in every bo-
rough in and for which a separate court of ses•;ions of the peaco
is now holden, and of which the present recorder or deputy
recorder is a barrister of five years' standing, the council may
signify in their petition, their
"'ire that such recorder or thde-
puty recorder, being qualifi P
or appointed recorder ;:t as aforesaid, shall be continued
record P•-. under' the provisions of this Act ; and
in every such ear, if his Majesty shall be pleased to grant a
separate co
of sessions of the peace to such borough, the
or deputy recorder so named in the said petition,
• .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 sheriff;
under-sheriff, gaolers, and 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 forthwith order the.:
same, with all reasonable charges o making and sending suclt
account, to be paid to the treasurer of such county, out of tare
borough fund; and in case any difference shall arise conctiii..
ing the said account, it shall be decided by the arbitratiwy of a