The Sun.
London, England, 1835-10-06 00:00:00

THE SUN, LONDON, TUESDAY, OCTOBER 6, 1835.

MUNICIPAL REFORM BILL.

FIFTH AND SIXTH WILLIAM IV.

AN ACT TO PROVIDE FOR THE REGULATION
OF MUNNIPAL CORPORATIONS IN ENGLAND
AND WALES.—Sierr. 9, 1835.

(Continued from The Sun of yesterday).

CERTAIN EXCEPTIONS IN 38 G. 3. C. 52. REPEALED:---BER-
WICK-UPON-TWEED TO BE A COUNTY OF A TOWN.--AS
TO TRIAL OF OFFENCES COMMITTED IN COUNTIES OF

CITIES AND TOWNS CORPORATE.

109. And whereas an Act was passed in the thirty-
eighth year of his late Majesty George the Third, intituled
an Act to regulate the trial of causes, indictments, and
other proceedings which arise within the counties of certain
cities and towns corporate within this kingdom, but certain
cities and counties of cities were excepted out of the opera-1
tion of the same : And whereas it is expedient to repeal in
part the said exceptions ; be it therefore enacted, that so
much of the last-recited Act as provides that nothing
therein contained shall extend or be construed to extend to
the city or county of the city of Bristol, or the city or
county of the city of Chester, or to the criminal jurisdiction
of the city of Exeter and county of the same city, shall be
and the same is hereby repealed ; and that the town of
Berwick-upon-Tweed shall be taken to be a county of a
town corporate, and to be within all the provisions of the
last-recited Act ; and that after the Ist day of May, in
the year 1836, and until his Majesty shall be pleased to
direct a Commission of Oyer and Terminer and Gaol De-
livery to be executed within any county of a city or town
corporate, all bills of indictment for offences committed
within such county of a city or town corporate shall be pre-
ferred, and all proceedings upon such indictments shall be
had as in the last-recited Act is authorised to be done, and
the counties of the cities and towns corporate named in the
first column of the schedule (C)`to this Act annexed, shall
be considered as next adjoining to the county named in con-
junction with the same respectively in the second column of
the said schedule (C).

OFFENDERS COMMITTED TO BOROUGH SESSIONS, WHOSE
JURISDICTION IS TAKEN AWAY, TO BE TRIED IN THE

ADJOINING COUNTY.

110. And be it enacted, That after the said Ist day of
May, 1836, 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 Ist day of May will not have jurisdiction to try, may
be lawfully removed and committed to the gaol or house of
correction of the county in which, or adjoining to which
such borough is 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 Oyer and Terminer and gaol
delivery at their next circuit ; and all persons bound by re-
co;nizance to prosecute and give evidence against such of-
fenders, shall be bound to appear to prosecute and give
their klce at the Court at which such offenders shall be
tried said ; and all such recognizances and all depo-
sitions r g to such charges shall be transmitted to the
proper cer of the Court where such offenders shall be
tried ; and the sheriff, under sheriff, gaolers, and other offi-
cers of the county in which such offenders shall be so tried,
are hereby authorised and required in every such case to re-
ceive every prisoner so committed 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 Oyer 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 authorized and re-
quired to hear and determine all such cases, and to order
the payment of the usual and fit expenses of the prose-
cutors and witnesses, and all other costs and expenses
which in like case may be directed to be paid by order of
the court.

COUNTY JUSTICES TO HAVE JURISDICTION IN ALL BOROUGHS

WIILCII HAVE NOT A SEPARATE COURT OF QUARTER SES-

SIONS OF PEACE UNDER THIS ACT.
111. And be it enacted, that after the Ist day of .May,
1836, the justices assigned or hereafter to be assigned to
keep the peace in and for the county iu which any borough
is situated, to which his Majesty shall not have granted
that a separate court of quarter sessions of the peace shall
be holden in and for the same, shall exercise the jurisdiction
of justices 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 ; and no part of any borough in and
for which a separate court of 'quarter sessions of the peace
shall be holden, shall be within the jurisdiction of the ju:-
tices of any county from which such borough before the
passing of this Act was exempt, any law, statute, letters
patent, charter, grant, or custom to the contrary notwith-
standing.

CERTAIN BOROUGHS NOT TO BE ASSESSED TO COUNTY RATES.

IF2. And be it enacted, that within ten days after the
grant of a separate court of quarter 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 any county wherein such borough or part
of such borough is situate, to assess any messuages, lands,
tenements, or hereditaments within such borough, to any
county rate thereafter to be made, but every part of every
such borough shall thenceforward be wholly free and dis-
charged from contributing otherwise than is hereinafter pro-
vided, to any rate or assessment of any kind of and for the
county in which any part of such borough is situated : Pro-
vided, nevertheless, that all arrears of such .rates thereto-
fore made may be levied and collected as if this Act had
not been passed.

BOROUGHS TO PAY THE EXPENSES OP PROSECUTIONS AT

THE ASSIZES.-7 G. IV. c. 64.

113. And whereas by an Act made in the seventh year of
his late Majesty George the Fourth, intituled, " An Act
for improving the Administration of Criminal Justice in
England and Wales," it was enacted that all sums directed
to be paid by virtue of that Act in respect of felonies and
misdemeanors therein enumerated, committed in liberties,
franchises, cities, towns, and places which do not contribute
to the payment of any county rate, should be paid as there-
in is directed ; be it therefore enacted, that all sums directed
to be paid by virtue of the last-recited. Act in respect of
felonies and such misdemeanors as aforesaid, committed or
supposed to have been committed in any borough in which
a separate court of quarter sessions of the peace shall be
holden, shall be paid out of the borough fund of such
borough, any thing in the said Act contained notwithstand-
ing ; and the order of court shall in every such case be di-
rected to the treasurer of such borough instead of the trea-
surer of the county.

TREASURERS OF COUNTIES TO KEEP AN ACCOUNT OF EX-
PENSES OF PROSECUTION OF OFFENDERS SENT BY SUCH

BOROUGHS FOR TRIAL AT THE ASSIZES, AND MAKE OR-
DER ON THEM FOIL PAYMENT THEREOF.-IN CASE OF
DIFFERENCE RESPECTING SUCH ACCOUNT, THE SAME TO
BE REFERRED TO ARBITRATION AS PROVIDED IN 5 G. 4.
c. 85.

114. 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 punish-
ment, conveyance and transport of all offenders committed
for trial, to the assizes in such county from any borough in
which a separate court of quarter sessions of the peace
shall be holden ; and the treasurer of every such county
shall, not more than twice in every such year, send a copy
of the said account to the council of each of the said bo-
roughs, and shall make an order for payment of the same
on the council of such borough ; and the council of every
such borough shall forthwith order the same, with all rea-
sonable charges of making and sending such account, to be
paid to the treasurer of such county out of the borough
fund ; and in case any difference shall arise concerning the
said account, it shall be decided by the arbitration of a bar-
rister to be named as is provided in the case of differences
pith respect to the payment of monies under contracts made
by authority of an Act made in the fifth year of his late
Majesty King George the Fourth, intituled, " An Act for
amending an Act of the last session of Parliament, relat-
ing to the building, repairing, and enlarging of certain gaols
and houses of correction, and for procuring information as
to the state of all other gaols and houses of correction in
England and Wales :" Provided that nothing herein con-
tained shall be construed to alter or restrain the
powers given by the last mentioned Act of contract-
ing with the justices of the peace having authority or
jurisdiction in and over any gaol or house of correc-
tion of the county wherein or where such borough
is situated, or whereto it is adjacent, for the conveyance,
support and maintenance in such last-mentioned gaol or
house of correction of prisoners committed thereto from
such borough, save only that all such powers shall, after
the Ist day of May, 1836, be vested in the council of
such borough in the name of the body corporate whose
council they are, and in none other ; and for the purpose of
making such contracts as aforesaid the council of such bo-
rough, and none other shall have power to make the orders
required by the last-mentioned Act to be made by the
justices of the borough at the borough sessions.

COUNCIL MAY CONTRACT FOR COMMITTING PRISONERS
TO THE GAOL OF ANOTHER BOROUGH, IF SUFFICIENT.
115. And be it enacted, that in every case in which it
shall have been made to appear to the satisfaction of one
of his Majesty's principal Secretaries of State that there is
in any borough a gaol or house of correction fit for the con-
finement of prisoners, the council of any borough shall
have the same powers of contracting, in the name of the
body corporate whose council they are, with any person or
body corporate having the government or ordering of such
last-mentioned gaol or house of correction, in like manner
as is hereinbefore enacted concerning contracts with justices
of the peace having authority or jurisdiction in and over

county gaols and houses of correction ; and all the provi-
sions of the last-recited Act made in the fifth year of his
late Majesty shall extend, or as nearly as may be, to all
such contracts for the conveyance to and support and main-
tenance of offenders in such borough gaol, or house of cor-
rection, and in case his Majesty shall have granted to the
borough in which such gaol or house of correction shall be
situated a separate court of quarter sessions of the peace,
such offenders may be tried and sentenced by such court
for all offeLes of which te court has cognizance, and
punished accordingly ; and all the provisions of the last-
recited AO- made in the fifth year of his late Majesty shall
extend as nearly as may be to the trial and punishment of
such offenders, and to all Acts necessary for such trial or
consequent thereon.

COUNCIL OF CERTAIN BOROUGHS TO HAVE THE SAME
POWERS UNDER:THE ♦CTS 4 G. 4, c 64, AND 5 G. 4,
c 8.5, AS JUSTICES OF THE PEACE HAVE AT THEIR SES-

MONS IN COUNTIES.

116. And whereas by an Act passed in the fourth year
of his late Majesty George the Fourth, intituled " An Act
for consolidating and amending the laws relating to the
building, repairing, and regulating of certain gaols and
houses of correction in England and Wales," it was pro-
vided, that certain cities, towns, and places included in a
certain schedule (A) to the said Act annexed should be
taken to be within the provisions of the same : And whereas
by an Act passed in the sth year of his late Majesty
George the Fourth, intituled "An Act for amending an
Act of the last session of Parliament, relating to the build-
ing, repairing, and enlarging of certain gaols and houses of
correction, and for procuring information as to the state of
all other gaols and houses of correction in England and
Wales," so much of the last recited Act as related to the
cities of Canterbury, Lichfield, and Lincoln, was repealed ;
be it therefore enacted, that the council of every borough
named in the last-mentioned schedule (A) (except the
cities of Canterbury, Lichfield, and Lincoln) shall have
within their borough all the powers (except in hearing and
determining appeals against convictions) which any justices
of the peace assembled at their general or quarter sessions
in any county in England have within the limits of their
commission by virtue of the said last-cited Acts or either
of them, or as near thereto as the nature of the case will
admit; and all things in the said last-recited Acts or either
of them provided to be done at any general or quarter ses-
sions of the peace shall be done at some quarterly meeting
of the council of such borough.

BOROUGHS TO PAT A PROPORTION OF THE OTHER COUNTY

EXPENDITURE.

117. And be it enacted, that the treasurer of every
county in England and Wales shall keep an account of all
sums of money received in aid or on account of the county
rate, and of the sum of money expended out of the county
rate for other purposes than the costs arising put of the
prosecution, maintenance, and punishment, conveyance and
transport of offenders committed for trial in such county,
and in the case of boroughs having a seperate court of quar-
ter sessions of the peace other than out of coroner's in-
quests, and shall, not more than twice in every year, send a
copy of the said account to the council of every borough
situate within such county in which a separate court of
quarter sessions of the peace shall be holden, and which
before the passing of the said Act, intituled an Act to set-
tle and describe the divisions of counties and the limits of
cities and boroughs in England and Wales, so far as re-
spects the election of members to serve in Parliament, was
chargeable with or liable to contribute in whole or in part
to the county rate of such county, and shall make an order
on the council of every such borough for the payment of
such proportion of such sum as would have been chargeable,
after deducting all sums of money received in aid of the
county rate as aforesaid, if this Act had not passed, upon
such borough as the same shall be bounded according to the
provisions of this Act ; and the council of such borough
shall forthwith order the same, with all reasonable charges
of making and sending the said account, to be paid to the
treasurer of such county out of the borough fund ; provided
that in case any difference shall arise concerning the last-
mentioned account it shall be decided by the arbitration of
a barrister to be named as is provided in the case of diffe-
rences with respect to the payment of moneys under con-
tracts made by authority of the said Act made in the fifth
year of his late Majesty Ting George the Fourth, intituled
An Act for amending an Act of the last session of Par-
liament, relating to the building, repairing, and enlarging of
certain gaols and houses of correction, and for procuring in-
formation as to the state of all other gaols and houses of
correction in England and Wales."

BOROUGH COURTS OF RECORD TO BE HOLDEN AS HERE-
TOFORE, BUT IN CERTAIN CASES, WHIR EXTENDED

JURISDICTION.

118. And 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 Parliament, or in which, at
the time of the passing of this Act, a barrister of five years'
standing shall not act as judge or assessor, the recorder, or
in the absence of the recorder, or in case there shall not be
a recorder, such officer of the borough as by the charter
constituting such court or by custom shall be the judge of
such court, shall continue to be and act as such judge ; and
the council of such borough in every case, whether such
court be regulated by the provisions of a local Act of Par-
liament or otherwise, shall have power for that purpose to
appoint the necessary officer, other than the recorder, be-
fore whom such court is to be holden ; and every such
judge or assessor, other than the mayor, shall hold his
office during his good behaviour ; and the judge of every
such court shall hold the said 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 case in which such court had not before the
passing of this Act authority to try such actions as are
hereinafter next mentioned any such court in which a
barrister of five years' standing shall act as judge or
assessor shall have .authority to try actions of assumpsit,
covenant, and debt, whether the debt be by speciality
or on simple contract, and all actions of trespass or
trover for taking goods and chattells, provided the sum
or damages sought to be recovered shall not exceed twenty
pounds, and all actions of ejectment between landlord and
tenant wherein the annual rent of the premises of which
possession is sought to be recovered shall not exceed
twenty pounds, and upon which no fine shall have been
reserved or made payable : Provided also, that every
such judge respectively from time to time may make
rules for regulatieg the practice of such court over
which he presides, but so that no such rules shall be of
force until they shall have been allowed and confirmed by
three or more judges of the superior courts of common law
at Westminster : Provided also, that the jurisdiction of
every court of record for the trial of civil actions within any
borough shall be extended so far as the metes and bounds
of every such borough, as the same shall be and be declared
under the provisions of this Act : Provided also, that no
action shall be tried by any such judge, wherein the title to
land, whether freeheld, copyhold, or leasehold, or other te-
nure whatsoever, or to any tithe, toll, market, fair, or other
franchise shall be in question, in any court which, before
the passing of this Act, had not authority to try.actions in
which such titles as last aforesaid were in question ; and in
case it shall appear, in the course of any action in such
court as last aforesaid, or shall be made to appear upon
oath to such court as last aforesaid, that any such title as
last aforesaid is in question in such action, that then the
jurisdiction of such court as last aforesaid in the matter of
such action shall cease, and it shall be in the discretion of
the court to award costs against the party commencing the
same.

COUNCIL TO APPOINT REGISTRAR AND OTHER NECESSARY

OFFICERS OF THE COURT.

119. And be it enacted, that the council of every bo-
rough in which there shall be holden a court of record for
the trial of civil actions as aforesaid, shall appoint a regis-
trar of such court, except in boroughs where the town clerk
acts as such registrar, and such other officers and servants
as are necessary for carrying on the business and executing
the process of such court : Provided that no registrar or
other officer of such court shall, by himself or any partner,
or by his or their clerks, practise as an attorney in such
court ; nor shall any such partner or clerk act as agent for
any such attorney in such court : Provided also, that un-
less disqualified as herein provided, every attorney of his
Majesty's superior courts at Westminster shall have full
liberty to practise as an attorney in every such court.

EXISTING SUITS NOT TO ♦BATE BY REASON OP THE

CHANGE OE JURISDICTION.

120. And be it enacted, that no suit commenced in
any court of record in any borough before the Ist day
of May, 1836, shall abate by reason of any change that
shall have been made in the constitution of such court
by the provisions of this Act, but that the same may
continue and be heard and determined as if it had been
commenced before such judge.

WHO TO ISE JURORS.-SUMMONING OF JURORS, &C.-
FINE ON JURORS P6R NON-ATTENDANCE.

121. And be it enacted, that every person being a
burgess of any borough wherein there shall be a separate
court of sessions of the peace, or a court of record for the
trial of civil actions, (unless he shall be exempt or dis-
qualified other Wise than in respect of property from serv-
ing on juries by virtue of an Act passed in the sixth year
of the reign of King George the Fourth, intituled " An Act
for consolidating and amending the Laws relative to Jurors
and Juries", shall be qualified and liable to serve on
grand juries in such borough, and also upon juries for
the trial of all issues joined in any court of quarter ses-
sions of the peace, and in any court of record for 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 quarter sessions of the peace,
ten days at the least before the holding thereof, and shall

seven days at the least before the holding thereof, cause to
be summoned a sufficient number of persons, being quali-
fied and liable as aforesaid, to serve as grand jurors at such
sessions ; and the clerk of the peace and registrar of the
court of record respectively, shall also cause to be sum-
moned not less than thirty-six, nor more than sixty per-
sons so qualified and liable as aforesaid, to serve as jurors
at every such sessions, and at the holding of every such
court of record for the trial of causes, in case
there shall be any cause then to be tried ; and such
summons shall be made by showing to the person
to be summoned, or in case he shall be absent
from the usual place of his abode, by leaving with
some person therein inhabiting, notice under the hand of
such clerk of the peace or registrar respectively, containing
the substance of such summons ; and such clerk of the
peace shall make out a list of the names of such persons so
summoned as grand jurors, and the clerk of the peace and
registrar respectively shall also make out a panel of such
persons so summoned other than grand jurors, and such list
and panel shall respectively contain therein the Christian
names and surnames, places of abode, and descriptions of
the several persons therein named ; and if any person, having
been duly summoned to attend on any jury, shall not attend,
in pursuance of such summons, or, being thrice called, shall
not answer to his name, or after his appearance wilfully
withdraw himself from the presence of the court, the court
shall impose such fine upon every person so making default
(unless some reasonable excuse shall be proved to the satis-
faction of the court) as the court shall think meet ; and if
any person on whom such fine shall be imposed shall refuse
to pay the same to the person who shall be authorized by
the court to receive the same, it shall be lawful for the
court, then or at its next sitting, by order of the court,
signed by the clerk of the peace or registrar respectively, to
cause to be levied, by distress and sale of the goods of the
person on whom such fine shall have been imposed, every
such fine, and the reasonable charges of such distress and
sale ; and every fine so received shall be paid to the trea-
surer of the borough, to be by him carried to the account
of the borough fund heroin-before mentioned : Provided
nevertheless, that no person shall be summoned to serve as
a juror at such sessions or court of record oftener than once
in one year.

MEMBERS OF THE COUNCIL, &C., EXEMPT FROM SERV-
ING ON JURIES..--BURGESSES OF BOROUGHS WHICH
HAVE QUARTER SESSIONS, EXEMPT FROM JURIES OF
COUNTY QUARTER SESSIONS.

122. And be it enacted, that after the passing of this
Act every member of the council for the time being of
every borough, and every justice assigned to keep the peace
therein, and the treasurer and town-clerk for the time being
of every such borough, shall be exempt and disqualified from
serving on any jury summoned within such borough
respectively, and exempt from serving on any jury sum-
moned to serve in the county wherein such borough is
situate ; and all burgesses of every borough in and for
which a separate court of quarter-sessions of the peace shall
be holden, shall be exempt from serving on any jury sum-
moned for the trial of issues joined in any court of general
or quarter-sessions of the peace in the county wherein such
borough is situate.

ALL CHARTERED EXEMPTIONS FROM SERVING ON JURIES
ABOLISHED.-6 G. 4, C. 50, IN PART REPEALED.

123. And be it enacted, that after the passing of this Act
no person in any borough shall continue to be exempt from
serving on juries in any of the King's courts of record at
Westminster, or in the superior courts, civil or criminal, of
the counties palatine of Lancaster and Durham, or in any
court of assize, Nisi Prius, over and terminer, gaol delivery,
or sessions of the peace, or in any other of the King's courts,
by virtue of any writ, grant, charter, prescription, or other-
wise ; and so much of an Act made in the sixth year of the
reign of his late Majesty King George the Fourth, entitled
An Act for consolidating and amending the Laws rela-
tive to Jurors," as provides that all persons in any borough
exempt from serving upon juries in any of the courts afore-
said, by virtue of any prescription, charter, grant, or writ,
shall continue to have and enjoy such exemption in as ample
manner as before the passing of that Act., and shall not be
inserted in the lists thereafter mentioned, shall be and the
same is hereby repealed.

FEES. PAYABLE TO THE CLERK OF THE PEACE, CLERK TO
THE MAGISTRATES, AND REGISTRAR AND OFFICERS OF

TIIE COURI: O. RECORD.

124. And be it enacted, that the council of every bo-
rough shall, and they are hereby required, within six
calendar months next after their election, to make and
settle a table of the fees which shall be taken by the
clerk of the peace in those boroughs in which a se-
parate court of quarter session of the peace. shall be
holden, and in those 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 justices, and in those
boroughs in which there shall be a court of record, a
table of the fees to be taken by the registrar
and officers of such court ; and such tables of fees
shall be submitted to one of his Majesty's principal
Secretaries of State ; and when such tables of fees shall
be, confirmed and allowed by such Secretary of State,
either as such table shall have been submitted to him,
or with such alterations, additions, or abatements as he
shall think proper, the fees therein mentioned may thence-
forth be lawfully taken by the person therein named to
be entitled thereunto ; and it shall be lawful for the
council of such borough, from time to time, as occasion
may require, to make new tables of fees to be taken in-
stead of the fees contained in the tables which shall have
been made as aforesaid, which new table shall be con-
firmed and allowed in the manner hereinbefore men-
tioned, otherwise the same shall be of no validity ; and
that until tables of the fees so to be taken in any such
borough shall have been made and confirmed as afore-
said it. shall be lawful for such clerk of the peace at
the quarter sessions for any such borough, and such clerk
to the justices, to take the fees authorised by the table
for the time being to be taken by the clerk of the peace
at the quarter-sessions and clerk to the justices respec-
tively for the county within or adjoining to which such bo-
rough is situated, and for the registrar and officers of such
court of record to take the fees usually taken by them be-
fore the passing of this Act.
TABLE OF FEES TO BE HUNG UP.

125. And be it enacted, that the town-clerk of every
borough shall cause a true copy of the tables of fees in
force for the time being to be hung up in a conspicuous
part of the room in which the business of his office is tran-

sacted, and also in the room wherein the justices of the
peace of such borough shall sit for transacting their busi-
ness, and also in the room wherein the court of quarter
sessions of the peace for the borough shall be held, and also
in the court of record of the said borough.

APPLICATION OF PENALTIES.
126. And be it enacted, that when by any Act any pe-
nalties or forfeitures are or shall hereafter be made recove-
rable in a summary manner before any justice of justices of
the peace, and by such Act respectively the same are or
shall be limited and made payable to his Majesty, or to
any body corporate, or to any person whomsoever, save and
except the informer, who shall sue for the same, or any
party aggrieved, in every such case the same, if recovered
and adjudged before any justice of any borough in which
a separate court of quarter sessions of the peace shall be
holden as aforesaid, shall, notwithstanding any thing in
such Act respectively contained, be recovered for and ad-
judged to be paid to the treasurer of such borough for the
time being, to the credit and on account of the borough
fund of such borough ; and no such penalty or forfeiture,
or share of such penalty or forfeiture, shall in
any case be recovered by or adjudged to be paid to
any other person than the said treasurer, unless such person
be the informer or the party aggrieved : Provided always
that nothing herein contained shall extend to any penalties
or forfeitures recovered under any Act relating to the Cus-
toms, Excise, and Post-office, or to trade or navigation, or
any branch of his Majesty's revenue.

LIMITATION OF TIME FOR PROSECUTION OF OYFENCEB
PUNISHABLY ON SUMMARY CONVICTION.
127. And for the more effectual prosecution of offences
punishable upon summary conviction by virtue of this Act,
be it enacted, that the prosecution for every such offence
shall be commenced within three calendar months after the
commission of the offence, and not otherwise ; and that
where any person shall be charged on the oath of a credible
witness with any such offence before a justice Of the peace,
the justice may summon the party charged to appear before
any two justices of the peace, acting in and for the borough
iw which such offence shall 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 proof 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 place of abode to
some inmate thereat, and explaining the purport thereof
to such inmate), may either proceed to hear and determine
the case in the absence of the party, or may issue their
warrant for apprehending and bringing such party before
them, as the shall think proper.

POWER TO SUMMON WITNESSES.-PENALTF FOR DISOBE-
DIENCE OF SUMMONS, &C.-NO WITNESS OR JUSTICE

TO BE INCOMPETENT ON THE GROUND OF RATEABILITY.

128. And be it enacted, that it shall be lawful for any
justice of the peace acting in and for any borough to issue
his 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
obedience to such summons shall refuse to be exam'ned on
oath touching any such offence by the justices then and
there present, every person so offending shall, on corn iction
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 rea-
son of any penalty or forfeiture for such offence being appli-
cable 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 bein„, liable to the rate contributing to
the borough fund of any borough.

PAYMENT OF PENALTIES ; MAY BE LEVIED BY DISTRESS ;

OR OFFENDER IMPRISONED.

129. 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 im-
mediately, 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, with the
reasonable charges of such distress ; and for want of suffi-
cient distress,' such offender shall be imprisoned, with or
without hard labour, in the common gaol or house of correc-
tion, 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 im-
prisonment to cease in each of the cases aforesaid upon pay-
ment of the sum due.

PRICES Or SHARLb THIS DAY AT ONE O'CLOCK.
Paid. Pa. Share.
United Mexican (issued at pm.)
Ditto Scrip
Great Western Railway Company • 5.
London and Greenwich Railway Company 2,)
London and Southampton Railway Company lO

414
Y,
.).51:1 5

LONDON,
TUESDAY EVENING. OCTOBER 6, 1835.

We have read with some surprise, and no little
disgust, an account of a Protestant Meeting held on
Thursday last at Edinburgh, for the purpose of reviv-
ing the old "No Popery" cry in Scotland. The

speeches delivered at this Meeting were marked by more
than ordinary intolerance ; that of Dr. MACFARLANE
was pre-eminently so ; indeed so wroth was the Rev.
Gentleman with the " hellish system of Popery"--ias
a certain divine, with a refinement of language worthy
of Wapping, called it some months since at Exeter
Hall--that
the quite lost sight of common sense, and
involved himself in a maze of the most glaring absur-
dities and contradictions.. Thus, after observing that
Popery had not changed ; that it was still the
same Church it was when the Council of Trent
issued its decree forbidding the reading of the Scrip-
tures by the common people," he proceeded to neu-
tralize the effect of this remark by stating that the
" Catholic Church had the adroitness to accomodate
itself to times and circumstances." The Reverend
Doctor had afterwards the hardihood to attribute the
misfortunes of Ireland exclusively to Popery, just as if
there were no such thing as Protestant ascendancy in
that country. He said, "in the three provinces which
were almost altogether Catholic, wretchedness and
i
vice were supreme ; but n the other, which was Pro-
testant—the province of Ulster—industry and happi-
ness were everywherethe oneplace,the peasantry a
evidenced." Andwliyirse
this
little ?
betterßeca thannse; in
slaves ; and, in the other, they exercise all
the rights and privileges of freemen. It is not Catho-

lie, but Protestant, intolerance that for generation
after generation has been the bane of Ireland.
Men arc still living who can remember when

the condition of the poor Papist was, if possible,
worse than that of the Christian at Constanti-
nople in the old days of Mahometan bigotry ; and
these are recollections not to be " steeped in Lethe
and forgotten" by a country which has suffered
so much, and so long, at the hands of her Orange
task-masters, as Ireland. Let England but resolve to
do justice to the sister country, and Doctor MACFA It-
LANE need no longer fear the spread of the Catholic
religion. We should not omit to add that the Edin-
burgh Protestant Meeting was attended almost exclu-
sively by parsons, one of whom, in the true Hudi-
brastic spirit of bigotry said, " We have now resolved
to raise a protest against Popery, and that protest shall
be urged over the whole empire. 'We have unfurled
the banner of Protestantism, and we are determined to
elevate it on high, until Popery with its ten thousand
curses, and plagues, and abominations, has been ex-
pelled from our land, and we will not cease urging for-
ward this cry, until it has ascended from every corner
of the kingdom." Fine words these, and worthy of
ancient Pistol or Bombastes Furioso. Doubtless Mr
CUNNINGHAM is desirous of recommending himself
to the notice of the Tory bigots ; but even they, ad-
dicted as they are to all sorts of high-flown absur-
dity, cannot possibly do otherwise than laugh at trash
like this.

The proceedings at the late Meeting of the Commis-
sion of the Assembly of the Scottish Church (not a
meeting of the Assembly itself, as stated by some of
our Contemporaries) will amuse, if they do not instruct
our readers. A certain party in the Church, headed
by Dr. CHALMERS, have been for some time making
a great clamour about the want of accommodation
in the Churches of the Establishment. The Rev.
Doctor even goes so far as to assert that nine-tenths of
the people of Scotland are at this moment absolutely
destitute of the means of hearing the gospel preached—
at least by those whom he considers its only legal and
authorised expounders. This assertion may astound
some people : to us it is not in the least surprising.
Doctor CHALMERS has cultivated so exclusively
that species of eloquence which depends upon the
imagination, and cannot brook the shackles of the
reasoning faculty, that we are quite ready and willing,
to make the allowance for the strange aberra-
tions into which orators of his class are almost
necessarily led. We know, too, that the ardour with
which men of his peculiar temperament engage
in " enterprizes of great pith and moment," is
apt to render them blind to some difficulties, while
it magnifies or distorts others. In no other way can
we account for the monstrous incongruities with which
the very eloquent oration of Dr. CHALMERS, care-
fully written out, and read to the Commission of the
Assembly, is filled.

The drift of this discourse is to exhibit the Go-
vernment in a discreditable light to the public, as if his
Majesty's Ministers had amused the Reverend Doctor
with promises which they never n leant to fulfil, and had
actually set the persons employed: under them to work,
to prevent the fulfilment of those very promises
which had so refreshed his in:Lud. When we say
this, we must at the same time admit that never was
so serious an accusation brought forward in a more
evangelical spirit. Who can re; al the following pas-
sage, glowing as it does with all -the warmth of Chris-
tian feeling, so characteristic of the Gospel Minister,
without perceiving how deeply -.Dr. CHALMERS has
been disappointed in that Cc immission, which he
and his party were the first to propose, and how
meekly he bears his disappointment ? Anxious
to exculpate himself from tbe charge of being a
party to its appointment, Ile says " they (the
Deputation from the Assembl y to the Government)
ought to have recollected the possibility of a measure
ostensibly and avowedly favo c,rable to the Church,
being handed over for the seat ement of its details to
some lurking, low-minded underlings of office, some
hacknied practitioners in politi es, unencumbered by
delicacy, truth, or honour ; and l who were on that ac-
count, all the better qualified foi the task of traversing
the promises Government had rE ade, and of dashing to
the ground the expectation the se promises had awa-
kened." He then endeavours to impress upon his
brethren the idea that the course pursued by the
Government was the best ctdculated to promote the
interests of the Church, and labours to convince
them of the propriety of giving all possible as-
sistance to the Commissioners, whose honesty he says
he has no reason to suspect I ! And as to the
clause in the Commission which authorises " enquiry
into the extent of religious inst ruction communicated
by the Dissenters," which many people thought hard
and hostile to the Church, he tho ught the best clause in
it, and goes on to state, that he believed no aggression
was intended to be made on tlac independence of the
Church I Of what, then, it may be asked, does the Rev.
Gentleman complain ? We tl link it will not be easy
to make out an answer to this question from the state-
ment to which we are alluding:, for it is so skilfully
drawn up, that the one part is a complete answer to
the other.

There is one thing which, be fore we conclude, we
must hint to the Learned t Ind Reverend Com-
mission, as it seems entirel y to have escaped
their recollection. It is this----t 1 hat the money which
they are urging the Governn ii mt to grant for the
support of the Presbyterian C' h urch has to come out
of the pockets of Catholics, F ,piscopalians, and Dis-
senters, of all descriptions a- aid shades. Will the
Scotch Presbyterians be willing that their money should
on some future occasion, be vot ;e d away for the support
of these sects?

The French Papers of Sup Any • mention the signifi-
cant fact of a Captain of the 3 7th Regiment of the
Line having been detected in ki :eping up " a secret
correspondence hostile to the Go,-, rernment," and hav-
ing been placed on half-pay in consequence. This
fact, though but briefly and vagu :ely alluded to in the
Paris journals, is important for t, NO reasons ; first, be-
cause it proves that disaffectim 3, caused, no doubt,
by the late tyrannical proceedint ;s of Louis Pun,
LIPPE, is not unknown in tl lat army to which
he looks for support in the hour, IN tich is approaching,
of extremity ; secondly, because it. equally proves that
he is full of apprehension and con sei, ousness of his own
comparative weakness ; for what b ut fear could in-
duce him merely to place on b alf-pay, a soldier
who had been guilty of an offence for which, under a
strong Constitutional Government, he would have
been visited with the most rigorous penalties of martial
law ? When with this fact we corn Ibine the statement
of the Reformateur, that " Governn lent had discovered
an immense conspiracy in the army, , and that upwards
of 300 sub-officers have been arrest( :d in different gar-
risons, but particularly in those of t lie south," enough
will have been shown to prove that L( ; vuis PIIILLIPPE
is by no means in that secure position:, ~ which he is so
eager to have it believed, throughou
.t Europe, that
he is.

PARIS, OCT. 4.—The Journals of this . morning give no
news from Madrid later than the 23d. The Journal des
Debats, replying to the doubts expressed by the English
Journals, says, " We most earnestly des ire that the bad
news from Madrid may be incorrect, or that later letters
may represent the situation of Spain in le: ;s gloomy colours ;
but till new orders, we cannot participate in the enthusiasm
of the London Exchange for M. Mendizr bal. A man may
be a distinguished financier, without beit ig a statesman ca-
pable of salting a country, especially in t he deplorable state
in which the Peninsula now is."
BADAJOZ, SEPT. 19.—1 t is affirme d ;that the Junta

yesterday decided that, after the expiration of four daYs,
all the monks in the provinces must lay aside the habits of
their respective orders.
The Junta of Saragossa decided on the 23d, that the Ur'
ban Militia shall henceforth be called the National Militia ;
it has also ordered, that all the towns in the provinces shall
acquaint the Junta, by petitions properly signed, of their
wishes with respect to the improvements to be made in the
institutions of Spain.
It seems that the popular Juntas of the provinces of
Spain do not approve of the appointment of Cordova to
the chief command in Navarre ; they would have a man of
experience at the head of the army, and especially a ma°
who has given unequivocal proofs of his attachment to
liberty. The Juntas in general fix their eyes on Espinoza•
The news we gave of the appointment of M. Ofalia to
the Embassy to Paris is not correct : it was in contempla'
tion during the ministry of Amarillas and Toreno ; bet
since that time the opinions of the Duke de Frias are more
conformable to the ideas which now prevail : he will there-
fore remain at Paris.—Messager, Oct. 4.

Hamburgh papers announce the arrival of the En''
peror of RUSSIA at Toplitz on the 26th ult.

The following is the Speech delivered by the Gover-
nor of JAMAICA to the Assembly of that Island on
the 10th of August :

" GENTLEMEN OF THE COUNCIL.
" MR. SPEAKER, AND GENTLEMEN OF THE HOUSE 01'
ASSEMBLY.
The Address which has this day been presented to me 11
the House of Assembly being of such a nature as to render !.
impossible for me to give it any reply, I have considered g
necessary to call you together, to inform you of the determinate
tion at which, in consequence, I have most reluctantly bee°
forced to arrive.
" The very offensive and uncalled-for tone which pervade:
the whole of the Address, one so totally deficient in the res Pee
due to the Representative of the Sovereign, renders it ion'
.
perativc on me to withhold all further communication with th!
Assembly. The positive refusal by the Members of this branch
of the Legislature to entertain at this period measures for tke
consideration of which they had been specially summonoe,
without even having waited to receive the information and dr
cuments which I had promised to lay before them, and 1141
cut which it is impossible that they could arrive at a corree
conclusion, compels me to withdraw from them the confide!
I otherwise must have felt in their decisions. This hasty
jection, on grounds so insufficient, of measures of such vital
importance to the well-being and tranquillity of the island,
has compelled me to come to the resolution of sending the
Members back to their constituents, in order that another 1:00u/
may be selected for carrying on the public business.
" It is my opinion that the interests that they were sentt°„
protect would have been consulted by a calm and anxious ";
liberation on the measures I proposed to them ; and if after
temperate consideration it had been found expedient to amen
or reject them, such decision would have been entitled to the
weight and respect due to a legislative body. is
" Such a course, however, not having been pursued,
my duty to let it be clearly understood that on the House
Assembly rests the whole responsibility of the consequences
which may ensue, and that to their conduct must be attribute
any resolution which the British Government may be COlll'
pelled to adopt.
" I do now, in his Majesty's name, dissolve this Gene
Assembly, and it is hereby dissolved accordingly."
It appears by the papers that this abrupt dissolutO
of the House of Assembly has caused a great sense.
tion throughout the island,
The Address which called forth this dignified an
appropriate rebuke is too long for insertion in our
lurnns. Our readers will, however, have no great 0;
son to regret its omission ; for we do not know that
ever we saw a more contemptible production, whether
we regard the ludicrous arrogance of its pretenslol
or the tone of vulgar insolence which runs through
We think it a fortunate circumstance that this reftle.
tory and contumacious spirit has broken out in time t°
be repressed by the substantial arguments which will
and
mortgagees suggested by the Government to the proprietors ,-nd
mortgagees here, and by them transmitted to they
Representatives in the next Jamaica Assembly.

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