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

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 inspection of 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 made 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 liable 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.