The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-06-16 00:00:00

the peace for the, borough, or for the - county in which .such
borough is situate,.in those boroughs for which there shall be n
separate general or quarter sessions of the peace, with certihicate
at the back thereof, signed by such justice, that the party ha,
a)t complied 'With the obligation therein contained ; and the
clerk of the peace shall make, the like estreats and schedules 'Ol
every such recognisance
,as of rechgnisauces forfeited in the
sessions of the 'peace ; and if the party not appearing,sliall .ap-
ply, by any person un his behalf, 10 postpone the hearing of the
charge against hini, 'and the justice shall think fit to consent
theretos the justice shall be at liberty ,to enlarge the recogni-:
sauce to such further time as he shall appoint; and when the
matter shall he heard and determined, either by the diSmiisal of
the complaint.. or by binding the party over to answer the matter
,thereof at thes."ssious, or otherwise, the 'recognisance, for the
appearanceof the party before a justice shall be discharged'
without fee or reward.

Aud be it enacted, that if any constable, of any borough shall
be guilty. of any, neglect:or duty, or of .any disobedience of any
lawful order, ever.), such offender. being convicted thereof before
any two. justices of the peace, shall for every such offence be
liable to be inißrivined for any time net exceeding days,
or, to he lined in any sum net exceeding. or
to be dismissed from his office, as
.such justices as shall in their
diseietion think meet.

And be it enacted, that if any person shall assault or resist
any constable of auy,bor.oUgh 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. convicted YbereUf
before any two justices of the peace, hall for every such offence
fOrfeit and pay such sum, not exceeding five pounds, as the said
justices think,meet : provided always, that nothing herein
contained shall prevent any prosecution by way of indictment
against any person so offending, but so as that such person shall
not be piosecuted by indictment, and also proceeeded against
under this.act for the same offence.
And be it enacted, that the treasurer of every borough shall
pay to the constahlds of such borough appointed under , this act
suchsalaries„ Wages, and alloWances, and. ,at such 'periods, as
the watch committee for such borough shall, subject to the aP-
prgbation of the council, direct, and the council shall order to
be paid, also any extraordinary expenses which such:Persons
shall appear to have necessarily incurred in apPrehendiFig of-
fenders and executing the orders of any justice of the peace
having jurisdiction within such boroUgh, such expensei having
been first examined and appro;,Ted 'by such justice; and the said
treasurer shall also pay such further sums as the watch commit-
tee shall, subject to the approbation of the.conncil, award to auy
of the perions belonging to the, said constabulary force, as a
reward for extraordinary diligence or exertion,.or as a compen-
sation for wounds'or severe injuries receivediu the performance
of their duty, or as an allowance to such of their, 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 au-
thorised 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 borough
(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 pf the justices of the peace
having jurisdiction within such borough so to act, and not other-
wise; and every such warrant shall recite that in the opinion of
thejustice granting the same, the ordinary police force of the
borough is insufficient at that time to maintain the peace of the
boropgh; and every person so appointed a special constable
shall take the oath set forth in the stet passed in the session of
parliament holden in the first and second years of the reign of
his present Majestyintituled, "An act feramending the laws
relative to the appointment of special constables, and for tee
better preservation of the peace," and shall have the powers acid
immunities, and be liable to the duties and penalties enacted by
the said last-mentioned act; and every person so appointed as
special constable,shall receive out of the borough fund for every
day during which tie 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 appointment, regulation, powers, and du-
ties, or to the assessment 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 determine; 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 anyperson having the charge, control, or possession of
any watch-house, watch-box,arms, accoutrements or necessaries'
as aforesaid, shall neglect or refuse to give up the same as. here-'
Inbefere required, every such pffender„being convicted theseOf
beforeany two justices of the peace, shall for every sucheffence
forfeit" andpay, over and above the value of the property riot
Riven Up; such sum, not exceeding five pounds, as the said jus-•
tices 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.
shalrhe'given up everyday'from the hour' of four in the after-
noon until the hour of nine in the forenoon, for the use and ac-
tommodation of the constables to be app9inted milder "this act;
and if any person the charge, control, or possession of
• . • .. . •.• • • ~
any such Isuilding, shelf neglect or refuse, to give, up such.part
thereof 'fir •thepurposes aforesaid, or to admit free access thereto
or'egreSs therefrom,' during any portion" of the time above pre-
scribed, every such_offender, being, convicted thereof befOre any
two justices of the peace, shall for every such offence forfeit and
pay such 'sum, riot exceeding fi'ye. pounds, as the said justices-
shall think meet.
Provided always; and be it enacted, that any rate for defraying
the expeeses of any watchmen, constables, passel,. or police, in
any'strch place or places as aforesaid, made' previously to the
day specified in such notice as aforesaid, shall be levied and
colleeted.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 be-
fore thepassing of this: act, or the interest of any such debt,
but that such rate shalt and may be levied and collected in the
same manner as if thii act hadlot been passed. •
And whereas parts Of, certain boroughs are within the pro-
visions of one or more local actor acts for regulating the,light-
ing thereof, and certain other parts of the same boroughs are
not within the Prrovisions of any local act for regulating the,
lighting thereof; and for want of 'Snell lighting, the efficiency
of the constables may be much diminished, and great facilities
afforded for the commission of crimes and for the escape 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 provisions
of any local act for the lighting thereof, shall, from and after a
certain day to he named in such order, be taken to be within
the provisions 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, origi-
nally named in such act or acts, any thing in any such act qr
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 puund of the lighting
.of the other
'parts of such borough.
And be it enacted, that if the council of any horough,chosen
under this act shall, by public 'notice, to lie affixed on the
outer door of the town-hall, or, in sem° public place within the
borinigh, declare, that on a certain day,, to he named in such
-notice, nut less than 21 days after therd# on which such public
notice shall have been given, they willtake upon themselves the
.powers given to the inspectors named in a certain act made in
the third and fourth year of his present majesty intituled, "An
Act to' repeal an Act. of his late Majesty King 'George the
Fourth, for lighting and watching of parisbes.in England and
Wales, and to make other.provisions in lieu thereof," so far
as the same relates to the lighting pf any part Of such borough,which is not within the provisions of any local act Or lighting
the same, the council Of such borough shall; after the day men-
tioned in such notice, have the same powers and duties as.be-
long to inspectors under the said last-recited act, in regard to.
lighting and to laying rates for the purpose of lighting such
part of the borough, except so far as the sane are contrary to, or,
inconsistent with, the provisions of this act; and in such case
the council shall have the sole power to fix mid determine the
amount of money which they will call for in any one year, for
the purpose of lighting such bereugh, so that such sum shall
nut exceed the rate of in the pound on the full apa fair'
annual value of all property rateable to the relief of. the poor
within such part of the borough : provided als6 that it shill not
be lawfid in such case for the inhabitants of such part (if the bo-
roughat 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 pre-
vention and suppression of all nuisances as are not already pu-
nishable in a summary manner by virtue of any act or acts in.
force throughout, such borough, and to appoint by such bye-
laws, such floes. as they shall deem necessary for the preven-
tion and suppression of such offences, provided that no tine 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 ma-
jesty's principal secretaries of state, and shall have been affixed
on the outer dpor 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 piart thereof disallowed, shall pot come into opera-
tion : 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 treasurer in
any borough, the rents and prctits of all hereditaments, and
all'inoneys, chattels, and valuable securities, belonging to any-
body corporate named in 'conjunction with the said borough in
the said schedules (A) and (B), shall be paid to the treasurer of"
such borough, awl every fine or penalty, ler. anyoffenee against
this act (the application of which has not been already pro-
vided for) shall be paid to such treasurer; and all the moneys
which he shall so receive shall be carried by him to the ac-
count of a fund to he called the "Bermigh fund;" and such
fund shall be applied frUM tinie to tinetower.ds theisayment. of
the interest of :any lawful debt due Ironi suet' body corporate to
any Person, whii:h shall have been contracted before the,pasing
hof this act, and unredeemed, and subject thereunto; Itiwarris •
the payment of the salary. of the mayor; and of the recorder
hereinafter mentioned, when there is a recorder. and of ths re-
spective' slaries of the town7elerk mid 'treasurer, and of eery
clerk, Collector, and oilier Officer whom the e9uucil shall, 41-
F,Qint, and also toward tbe pa3,inent Of the expenses incurred'
frpin time to, time in, preparing alid,pi inting burgess rolls,anii
ar .svd lists, and notices, and in other matters attending such
elections as are herein mentioned,, and in boroughs which have
a separate court of sessions of the peace, as is hereinafter pro-
vided, towards the 'expenses of: the prosecution, maintenance,
and punishment of offenders- committed from the borough, for
trial at the i4e, ieions of tile peace for such borough, and-at the
assizes tOr 'the criunty in which the borough is situate, and to-
wards such other soul to be paid by such borough to the trea-
surer of such ciAnty, 'as is hereinafter provided, and towards.
the expense of tneintairaiug the corporate buildings, and to-