The Sun.
London, England, 1835-10-02 00:00:00

PRICE 7D.

part of the borough at any time to determine that the pro-
visions of the said recited Act shall cease to b 6 acted upon•
ACT NOT TO INTERFERE WITH THE REGULATIONS FOIL SHE

GOVERNMENT, &C. OF DOCLYARDS, ARSENALS, &C.
89. Provided always, and be it enacted, that nothing
”ein contained shall be construed to interfere with the
,1,.
watching,
pa,--7. or lighting, and internal regulations estab-
and security of any of his
fished for the govern::?eat
establishments, arsenals,
Majesty's dockyards, victuaiii'::".
Ind barracks respectively ; nor shall an,- of the tenements
within the said dockyards, victualling es:t.ablishments,
irsenals, or barracks, or the inhabit.ants of the same, be
liable to be assessed to the rates for wai.,phing, paving, or
lighting the other parts of the city, borough, or parish
within which the same may be respectively situate.:; unless
such tenements or the inhabitants thereof are now or play
hereafter become liable to be assessed to any such rate made
under or by virtue of any law or statute now in force ; nor
shall any thing herein contained extend to defeat or affect
the authority of justices of the peace, which by an Act
passed in the second year of his present Majesty's reign,
intituled, " An Act to amend the Laws relating to the
business of the Civil Departments of the Navy, and to
make other regulations for more effectually carrying on the
duties of the said departments," is vested in the Commis-
sioriz:irs for executing the office of Lord High Admiral of
the Unitdl Kingdom, and in the superintendents of th.e
several docky-arjs and other naval and victualling establish-
ments, in all places in all matters relating to his Ma-
jesty's naval service, and to did stores, provisions, ammuni-
tion, and accounts thereof.
COUNCIL TO HAVE POWER TO MAKE BYE LAWS.
90. And be it enacted, that it shall be lawful for the
council of any borough to make such bye laws as to t!'.'enn
shall seem meet for the good rule and government of the
borough, and for prevention and suppression of all such
nuisances as are not already punishable in a summary man-
ner by virtue of any Act in force throughout such borough,
and to appoint by such bye laws such fines as they shall
deem necessary for the prevention and suppression of such
offences : provided that no fine so to be appointed shall
exceed the sum of 51., 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 princi-
pal 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 Coma, shall disallow the said bye law or iznv part
thereof, such byt law or the part thereof disallowed shall
comeinto operation. Provided also, that it shall be lawful
for his Majesty, if he shall think fit, 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.
AS TO BREACHES OF BYE LAWS.
01. And be it enacted, that all the provisions hereafter
contained relative to offences against this Act punishable
upon summary conviction shall be taken to apply to all of-
fences committed in breach of any bye-law or regulation
made by virtue of this Act.
ALL CORPORATE PROPERTY AND ALL FINES RECEIVED TO
BE CARRIED TO THE ACCOUNT OF THE BOROUGH FUND.
--PAYMENT OF DEBTS &C., SALARIES OF RECORDER,
TOWN-CLERK, TREASURER, AND OTHER OFFICERS, AND
ELECTION EXPENSES, TO BE PAID OUT OF SUCH FUND.
--APPLICATION OF sURPLUS.—IF THE FUND BE INSUF-
FICIENT, THE COUNCIL SHALL ORDER A RATE TO MAKE
UP THE DEFICIENCY.
92. And be it be enacted, that after the election of the
treasurer in any borough the rents and profits of all here-
ditaments, and the interests, dividends, and annual pro-
ceeds of all moneys, dues, chattels, and valuabkl securities
belonging or payable to any body corporate named in con-
junction with the said borough in the said schedules (A)
and (B), or to any member or officer thereof in his corpo-
rate capacity, and every fine or penalty for any offence
against this Act (the application of which has not been al-
ready provided for), shall be paid to the treasurer of such
borough ; and all the moneys which he shall so receive
shall be carried by him to the account of a fund, to be
called " The Borough Fund ;" and such fund, subject to
the payment of any lawful debt due by such body corpo-
rate to any person, which shall have been contracted be-
fore the passing of this Act, and unredeemed, or of so
much thereof as the council of such borough from time
to time shall be required or shall deem it expedient to
redeem, and to the payment from time to time of the
interest of so much thereof as shall remain unre-
deemed, and saving all rights, interests, claims, or de-
mands of rill persons or bodies corporate in or upon
the real or personal estate of ant body corporate by vir-
tue of any proceedings either at law or in equity which
have been already instituted, or which may be hereafter
be instituted, or by virtue of any mortgage or otherwise,
shall be applied towards the payment of the salary of the
mayor, and of the recorder, and of the police magistrate
hereinafter mentioned when there is a recorder or police
magistrate, and of the respective salaries of the town-clerk
and treasurer, and of every other officer whom the council
shall appoint, and also towards the payment of the expenses
incurred from time to time in preparing and printing bur-
gess lists, ward lists, and notices, and in other matters at-
tending such elections as are herein tnenwned, and in bo-
roughs which shall have a separate court of session of the
peace as is hereinafter provided, towards the expenses of the
prosecution, maintenance and punishment of offenders, and
towards stiesis other sum to be paid by such borough to the
treasurer of such county as is hereinafter provided, and to-
wards the expense of' maintaining the borough gaol, house
of correction, and corporate buildings, and towards the pay-
ment of the constables, and of all other expenses not herein
otherwise provided for, which shall be necessarily incurred in
carrying into effect the provisions of this Act ; and in case
the borough fund shall be more than sufficient for the pur-
poses aforesaid, the surplus thereof shall be applied, under
the direction of the council, for the public benefit of the
inhabitants and improvement of the borough ; provided that
that it shall not be lawful for the council to be elected un-
der the provisions of this Act, in any borough in which
the body corporate named in conjunction with the said bo-
rough in the said schedules (A). and (B), before the time
of the passing of this Act shall have contracted any lawful
debt chargeable on any tolls or dues belonging or paya-
ble to said body corporate, or to any member or officer
thereof in his corporate capacity, or towards the satis-
faction whereof such tolls or dues or any part thereof were
applicable before the passing of this Act, to alter or reduce
the amount to be levied and payable of such tolls or dues,
or to grant for any consideration any remission of or exemp-
tion from such tolls or dues or any part thereof, unless with
the consent in writing under the hands of a majority in
number and amount of the creditors to whom such debt is
due, until after such debt and all arrears of interest due
thereon shall be fully paid and satisfied ; and in case the
borough fund shall not be sufficient for the purposes afore-
said, the council of the borough is hereby authorized and
required from time to time to estimate, as correctly as may
be, what amount, in addition to such fund, will be sufficient
for the payment of the expenses to be incurred in carrying
into effect the provisions of this Act ; and in order to raise
the amount so estimated, the said council is hereby autho-
rized 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 boroughs
shall have within their borough all the powers which any
justices of th peace assembled at their general or quarter
sessions in any count; in England have within the limits of
their commission by virtue of an Act made in the 53d 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, colit:cting, and levying
of county rates," or as near thereto as the nature of the
case will admit, except as is hereinafter excepted ; and
all warrants required by the said Act to be issued under
the hands and seals of two or more justices, shall in
like case be signed by the mayor, and sealed with the
seal of the borough ; provided that such council shall not-
be empowered to receive, hear, or determine any appeal
against any such rate ; and if any person shall think himself
aggrieved by any such rate, it shall be lawful for him to
appeal to the recorder hereinafter mentioned, at the next
quarter 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 the county within which such borough is
situate, or whereunto it is adjacent ; and such recorder or
justices respectiVely shall have power to hear and determine
the same, and to award relief in the premises, as in the case
of an appeal against any county-rate ; and all such sums
levied in pursuance of such borough-rate shall be paid over
to the account of the borough-fund, and, subject to the pre-
visions hereinbefbre contained, shall be applied to 'all pu-
r-
poses to which before the, passing of this Act a borough
rate or county-rate was by law applicable in such borough
or county : Provided that in every case in which before the
passing this Act any rate might be levied in any borough,