Coroner.

Not to affect the

by their clerk, shall be done by and with respect to the justices of the said counties of York and Lincoln in general gaol sessions assembled, and by their clerk."

Sect. 29. "Provided always, and be it declared and enacted, That nothing royal prerogative. herein contained shall be construed to abridge or affect the royal preroga tive, or the authority of the lord chancellor, for issuing a writ de corona tore eligendo, as fully as if this act had not been passed." Sect. 30. "That this act shall extend only to England."

Act to extend

only to England.

The coroner for the city of Rochester held an inquisition on a body which met with death in the river Medway, such bedy having be brought to a spot above high-water mark sworn to be within the count of Kent, and there viewed by a jury of the city of Rochester:-Hel that the inquisition was bad. (Reg. v. Hinde, 13 Law J., N. S., MA 150.)

6 & 7 Vict. c. 89.
5 & 6 Will. IV.
c. 76,

1 Vict. c. 78.

Corporations.

By the 6 & 7 Vict. c. 19, intituled “An Act to amend the Act for Regulation of Municipal Corporations in England and Wales," [24 August, 1843,] reciting that by the 5 & 6 Will. IV. c. 76, provision were made for the election of corporate officers in certain boroughs,' for determining the times and manner of such election; but the pro sions in the said act have not in all cases been duly complied with: an that, by the 1 Vict. c. 78, it was among other things declared, that aft the passing of that act every application to the court of Queen's Bene! for the purpose of calling upon any person to show by what warrant claims to exercise the office of mayor, alderman, councillor, or burge in any borough, he shall made before the end of twelve calend months after the election, or the time when the person against who such application shall be directed shall have become disqualified, a not at any subsequent time: and that doubts have arisen whether, n withstanding the said last-mentioned enactment, applications in t nature of quo warranto may not still be successfully made against a person holding the office of mayor on the ground that such mayor w not duly qualified to be so elected mayor by reason of some defect informality in his previous election to the office of alderman or counc lor, although more than twelve calendar months may have elapsed sin such election to the office so alleged to have been informal or defectiv and likewise against other corporate officers upon grounds of the nature and that also in certain boroughs the town councils elect under the said recited act omitted to appoint as therein directed who the aldermen first elected under that act should go out of office at th expiration of the term therein mentioned: and whereas also in so boroughs, at the said first election of aldermen, after the passing of th said first-recited act, less than the full number required by the said a were elected to such office by reason of equality of votes as to some the persons nominated, and at the second election of aldermen, unde the provisions of the said first-recited act, other aldermen were electe to supply and make up such deficiency, but by inadvertence, and unde a mistake of law, a greater number were elected to such office than oug to have been so elected, and great inconvenience, vexation, and expend have been incurred and sustained by reason of the premises, insomuc that the functions of the corporate bodies in such boroughs have bee and are in effect suspended; and it is expedient to provide a remedy to such mischief: and that the said first-recited act requires further amend ments: it is enacted, "That no election of any mayor of any of the boroughs named in schedules (A.) and (B.) of the said first-recited act called in question or in any borough to which a charter of incorporation may have been unless by quo may be hereafter granted under the provisions of that act and of the

No election of a mayor in certain boroughs to be

for defect of title

ndly recited act, or either of them, which has already taken place, Corporations. hall hereafter take place, shall be liable to be questioned by reason of

from the election.

fect in the title of such person to the office of alderman or councillor 6 & 7 Vict. c. 89. hich he may have been previously elected, unless application shall have warranto within made to the court of Queen's Bench, calling upon such person to show twelve months e by what warrant he claims to exercise such office of alderman or cillor, within twelve calendar months after such his election to the said of alderman or councillor; and that from and after the passing of All elections of act every election heretofore made, or hereafter to be made, to the corporate officers of mayor, alderman, councillor, or any other corporate officer, in question to be of the boroughs aforesaid, which shall not be or have been called in deemed valid. tion by such application to the court of Queen's Bench within

ve calendar months from such election, shall be deemed to have been l intents and purposes a good and valid election."

not so called in

persons shall

aldermen of any

76.

ct. 2. "That in any and every of the said boroughs where a greater Provision where a ber of persons shall have been elected to and have taken upon them- greater number of es the office of aldermen than is authorized by the said first-recited have been elected or in which a greater number than is authorized by the said first- or claim to be ted act shall claim to be aldermen of the said borough, the council of borough than is borough shall, at the quarterly meeting to be held on the 9th day of authorized by ember next after the passing of this act, before proceeding to the 5&6 Will. IV. c. tion of the mayor, or to any other business, declare which of the persons so elected or claiming to be aldermen, to the number speciby the said first-recited act, shall be the aldermen of such borough, thereupon the persons so declared shall be the aldermen of such ugh, and the persons not included in the number so declared shall thence ipso facto cease to be aldermen of the said borough respecy, or to exercise any of the functions of such office." ect. 3. "That in any and every borough wherein it shall not have Provision where declared by the councillors thereof immediately after the first elec- no declaration of aldermen in the year 1835 who of the aldermen so elected should year 1835 as to ut of office in the year 1838, and by reason of such omission the pro- which of the as of the said first-recited act as to the retirement and election of aldermen should rmen cannot be carried into effect, the councillors of such borough office. I and may, at the said quarterly meeting of the council to be held on 9th day of November next after the passing of this act, declare and int who shall be the aldermen who shall go out of office on the 9th of November, in the year 1844, and the persons so named shall be persons who shall then go out of office accordingly."

was made in the

first go out of

ect. 4. "That no proceeding commenced before the passing of this act Provision as to still pending in the court of Queen's Bench, against any person already comproceedings ning to be mayor or alderman of any of the aforesaid boroughs upon menced. ground which before the passing of this act would have been sufficient avalidate the title of such person, but which after the passing of this would not be sufficient for that purpose, shall after the passing of this be further prosecuted: Provided always, that the prosecutor or relator be entitled to receive from the defendant in every such proceeding uch costs, to be taxed as between attorney and client according to the ctice of such court, as have been bond fide incurred by such prosecutor relator in such proceeding before the passing of this act."

way of mandamus

Sect. 5. "And whereas it is expedient to render certain proceedings, Provision for way of quo warranto and mandamus, so far as they affect corporate expediting certain ces in boroughs, more summary and expeditious; be it therefore proceedings by eted, That from and after the passing of this act, in all cases of and quo warranto. ended application to the court of Queen's Bench, either for a manus to proceed to an election of any corporate officer or officers in any the aforesaid boroughs, or for an information in the nature of a quo ranto against any person claiming to be a corporate officer of and in of the said boroughs, it shall be lawful for the party intending to ake such application to give notice in writing thereof to the party to be fected thereby at any time not less than ten days before the day in the

VOL. VI.

2 L

6 & 7 Vict. c. 89.

Corporations. said notice specified for making such application, in which notice shall set forth the name and description of the party by whom such applicati will be made, together with a statement of the grounds thereof, and at t same time to deliver with such notice a copy of the affidavits whereby t application will be supported; and thereupon it shall be lawful for the sa last-mentioned party to show cause in the first instance against such app cation; and if no sufficient cause be shown it shall be lawful for the sa court of Queen's Bench, on proof of the due service of such notice a statement, and of the delivery of a copy of such affidavits as may be us for the purpose of supporting such application, to make the rule for s mandamus or information absolute, if the said court shall so think fit the first instance, and also, if they shall so think fit, to direct that a writ of mandamus thereby ordered to be issued shall be peremptory in i first instance, and also that the venue in any information thereby orde to be filed shall be laid in the county of Middlesex, or in the city of La don, and that the issue or issues of fact thereon, if any, shall be tried the sittings at Nisi Prius of the said court at Westminster, or in Lond by a jury of the same county or city respectively."

Office of the

treasurer not to be subject to annual election, but to be during the pleasure of the council.

Provision for the

in certain cases.

Sect. 6. "And whereas the office of treasurer of and for the aforest boroughs is an office of great trust, and an annual appointment to sa office is inconvenient and unnecessary; be it therefore enacted, That much of the said hereinbefore first-recited act as provides that the cous in every borough shall in every year appoint a fit person to be treasu of such borough shall be and the same is hereby repealed, and that council of every borough shall, on the 9th day of November next af the passing of this act, or on the 9th day of November next after sa borough shall be incorporated, appoint a fit person, not being a mem of the council, to be the treasurer of such borough, who shall then forth hold his office during the pleasure of the council for the time berr and on the happening of any vacancy thereafter, by death, resignati amotion, or otherwise, the council shall proceed to the appointment o successor, either at any of the general quarterly meetings of the cour or at a special meeting to be convened for that purpose, so that in no c such appointment be delayed beyond twenty-one days from the happen. of the vacancy. ""

Sect. 7. And whereas inconvenience has arisen and may hereal appointment of a arise by reason that in the said first-recited act no provision is made deputy recorder the holding of the borough sessions at the time appointed by pul notice for that purpose, in case of the sudden illness or unexpected unavoidable absence of the recorder, on or immediately before the day which the sessions for any borough shall have been appointed to be h or during the holding of such sessions; and it is desirable to prov against such inconvenience; be it therefore enacted, That so much of said first-recited act as provides, 'that in case of sickness or unavoida absence, the recorder of any borough shall be empowered, under his ha and seal, with the consent of the council of the said borough, to app a deputy recorder, being a barrister of five years standing, to act for at the quarter sessions then next ensuing, and no longer or otherwise,' and the same is hereby repealed."

In case of sickness or absence the recorder may

recorder.

Sect. 8. "That in case of sickness or unavoidable absence the recor of any borough shall be and he is hereby empowered, under his hand a appoint a deputy seal, to appoint a deputy recorder, being a barrister of five years standi to act for him at the quarter sessions then next ensuing or then bei held, and not longer or otherwise Provided nevertheless, that such sions shall not be deemed to have been illegally held, nor the acts of a deputy recorder invalidated, by reason of the cause of the absence of recorder not being deemed to be unavoidable within the meaning of t

act."

County Rates.

cepts directly to

payment of county

rates, &c.

By the 7 & 8 Vict. c. 33, intituled "An Act for facilitating the Col- 7 & 8 Vict. c. 33. ction of County Rates, and for relieving High Constables from Attendace at Quarter Sessions in certain Cases, and from certain other Duties," 19th July, 1844,] reciting that the constitution of boards of guardians for trishes and unions of parishes for the administration of the laws for the lief of the poor in England, together with the appointment of treasurers alding funds contributed by such parishes, affords great facility for the allection of county rates, hundred rates, police rates, and other like ates authorized to be levied in counties or parts of counties; and that it expedient to relieve high constables from the duties of collecting and ying to the county treasurer the said rates, and from attending at the arter sessions of the peace of their several counties in certain cases, and in the performance of certain other duties at present by law imposed them; it is enacted, "That from and after the 1st day of October in Justices of peace s present year, so soon as any vacancy occurs in the office of high shall send prestable of any hundred, by the expiration of his appointment, or other- guardians of then, as often as the justices of the peace within the respective unions for the its of their commissions in England have made a county rate or a ce rate, or any other rate which may by law be raised in like manner ounty rates, or any two or more such rates, such justices assembled their general or quarter sessions, or at any adjournment thereof, shall precepts in the form shown in the schedule annexed to this act, or ear thereto as may be, to be issued to the guardians of every union parishes, of which union any parish is situate within such limits, stating sum or sums assessed and charged for each such rate on each parish the union, the whole of which parish is situate within such limits, and the guardians of every single parish situate within such limits, stating sum or sums assessed and charged on such parish for each such rate, requiring the guardians of such union or parish respectively, within time as may be limited in such precepts, to cause the aggregate of aid several sums so stated to be paid by them, out of the monies held them on behalf of each such parish to the treasurer of the county or for which such justices act, and may cause such precepts to be sent post, or otherwise, to such guardians; and such precepts shall have e in every such union so far as concerns such parishes as are within limits of the commission of the said justices, notwithstanding that the ite of meeting of such guardians may not be situated within such ts, and without being endorsed with the signature of any justice of peace having ordinary jurisdiction in the place of meeting of the ardians; and such guardians shall raise the monies required by such Guardians to pay cepts to be paid in like manner as the money required by such such rates. ardians for the relief of the poor, and shall pay such monies at the time

same.

waited and in the manner prescribed by such precepts; and if the County treasurer urer of such guardians, or any person on his or their behalf, tender to receive the the treasurer of the county or place for which such justices act the regate of the said several sums, or if he so tender the whole sum essed on any such parish or parishes in respect of any such rate or , together with a copy of such precept in which are specified the or parishes, and the rate or rates, in respect of which the same is tendered, the treasurer of the county shall receive the sum so tendered, twithstanding that the sums required to be paid on behalf of other of ach parishes or of other of such rates be not then tendered, and shall ve a receipt for the sum or sums received by him accordingly, but he hall not receive any sum on behalf of any such parish less than the whole of the sum assessed and charged thereon in respect of one much rate; and the receipt of the treasurer of such county or place shall be a good discharge for the payment of the sums specified in any such Precept or of any of them."

County Rates.

7 & 8 Vict. c. 33. If the guardians

fail to pay such rates, the justices may issue war

&c. to pay the

same.

Sect. 2. "That in case guardians do not pay within the time limited in such precept the sum or sums of money therein required to be paid on behalf of any parish, the said justices assembled as aforesaid may cause to be issued and sent, by post or otherwise, to the overseers of the poor of such parish, or to the petty constable or peace officer, or other perso or persons empowered in any place to rate and levy the monies assessed rants to the over- as such county police or other rate, warrants to collect, and pay to the seers of parishes, treasurer of the county or place in which such justices act within a time to be named and limited in such warrants, the rate or rates charged on such parish or place respectively, together with an addition to such rat er rates in the proportion of 1s. to every 10s.; and such additional sum shall be applied and disposed of in like manner as the county rate; 20 such overseers of the poor, petty constables, peace officers, or othe persons may reimburse themselves, as well for such additional sums a for the original amount of rate or rates, out of the monies which they a respectively empowered to rate and levy for the purpose of such count police, or other rate, but shall not receive or take from the county rate, any other rate, any allowance or compensation for their trouble or e pences incurred in collecting, levying, or paying such county, police, other rate."

If the overseers, &c. fail to pay,

the justices may levy the rate by

Sect. 3. "That if any overseer, petty constable, peace officer, or othe person as aforesaid refuse, make default, or neglect to pay to the trea surer of the county or place, within the time limited as aforesaid, ti distress and sale. sum or sums of money specified in the said warrants, and if the clerk the peace or treasurer of the county or place make complaint there then any justice of the peace of such county or place may by warra under his hand levy the same by distress and sale of the goods of t offender; and the justices assembled as aforesaid may pay to any cle constable, messenger, or other person who may have been employed making such complaint, or in obtaining, drawing, or executing su warrant, such reasonable compensation out of the county stock as to t said justices may seem fit."

Parishes not in

tributions to be reimbursed by those which are in arrear.

Sect. 4. "That in every case where any parish comprised in an uni arrear with con- has, on or before the day on which any precept as aforesaid should obeyed, contributed money sufficient to enable the guardians of t union to pay any sum or sums required by such precept in respect such parish, as well as to provide for the immediate relief of the poor such parish, and to satisfy all other obligations of the said guardians respect of such parish in force on that day, and where, through the fault of any other parish or parishes in the same union in contributi money to such guardians, or through the neglect of such guardians demand sufficient contributions from any other parish or parishes int same union, the said guardians have applied the money of such fir mentioned parish to the use of such other parish or parishes, and thereby rendered unable to pay any money so required by such prece on behalf of such first-mentioned parish, and such parish is by reas thereof compelled to pay the additional sum of 1s. in every ten hereinbefore provided, in every such case the guardians of the un shall reimburse such first-mentioned parish such additional sum, and costs incurred by reason of the premises, out of the monies of su other parish or parishes which may next thereafter come into the han of such guardians; and in case more than one parish be in default aforesaid the said guardians shall charge such additional sum and costs every such parish, in proportion to the amount of the deficiency of t contribution of each parish respectively on the day on which the s precept should have been obeyed."

Justices may issue precepts to the overseers of

parishes, &c. not comprised in unions, or only

Sect. 5. "That in the case of every parish not comprised within a union, and in which the laws for the relief of the poor are not admini tered by a board of guardians, and in the case of every parish co prised in a union the guardians of which are not empowered to relie the poor, and in the case of any parish comprised within a uni