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And council shall thereupon declare office void, A watch committee to be appointed, to con-
ii. 78.

sist of mayor and councilmen, ii. 90.
Penalty on person not qualified, &c. acting as Such committee to appoint constables for bo-
mayor, alderman, or councillor, ii. 79.

rough, ii. 90.
Persons convicted of bribery disqualified from Constables to be for county, &c., as well as bo-
voting, ü. 79.

rough, ii. 90.
Persons offending discovering others offending Watch committee to make regulations for
to be discharged from penalties, ii. 80.

management of constables, ii. 90.
No person liable to incapacity, penalty, &c. Power to constables to apprehend disorderly
unless prosecuted within two years, ij. 80.

persons, &c., ii. 91.
Mayor to be a justice for borough, ii. 80.

Constables attending at watchhouses in night
And returning officer at elections of members may take bail by recognizance from per-
to serve in Parliament, ii. 80.

sons brought before them for petty misde-
Power to council to appoint town clerk, trea-

meanours, ii. 91.
surer, and other officers, ii. 80.

Such recognizance to be conditioned for ap-
And to take security for discharge of official pearance of parties before a magistrate, ii. 91.
duties, ii. 81.

In default of appearance, recognizance to be
Salaries to, ii. 81.

forfeited, ii. 91.
Treasurer to pay no money but by order of Time of hearing may be postponed, ii. 91.
council, ii. 81.

Penalties on constables for neglect of duty,
Officers to account, &c. according to orders of ii. 91.
council, ü. 81.

Penalty for assaults on constables, ii. 92.
Summary remedy against officers for not ac. Regulation and payment of expenses, ii. 92.
counting, or not delivering up books, papers, Rewards for activity, &c., ii. 92.
&c., Ü. 82.

Magistrates to appoint annually a certain nom.
Remedy by action, ii. 83.

ber of persons to act as special constables,
Councils of cities and towns which are coun-

ii. 92.
ties to name a sheriff, ii. 83.

Payment of special constables, ii. 92.
In certain boroughs, council to appoint a co On notice of appointment of constables, the
roner, ü. 83.

present provisions in local act as to watch-
Coroners to make returns to secretary of state, ing, &c. to cease, ii. 92.
ii. 83.

Watch-boxes, arms, &c. to be given up for use
County coroners to act in other boroughs. of constables appointed under this act, ii. 93.

Penalty for not giving them up, ii. 93.
Council empowered to remove certain officers, Proviso as to rates in arrear, and as to debts,
. 84.

ii. 93.
Such officers to continue until removed, ii. 84. Watch committee to transmit a report quar-
Officers to receive compensation on removal, terly to the secretary of state, and also a
| ii. 84.

copy of their rules, &c., ii. 93.
To deliver statement of claims, ii. 85.

Power for council to order parts of borough
Compensation to be secured by bond, ii. 85.

not within a local act as to lighting, to be in.
Reservation of certain pensions and allow. cluded in such act, ii. 94.
ances, i. 86.

Proviso as to amount of rate for lighting, ii. 94.
Acts of council to be decided by majority of Council may assume powers of inspectors un.
councillors present, ii. 86.

der 3 & 4 Will. IV. c. 90, for lighting any
One third part of whole number to be a quo. part of borough not within a local act for
rum, ii. 86.

lighting same, ii. 94.
Minutes of proceedings of meetings to be Act not to interfere with regulations for go.
drawn up, ii. 86.

vernment, &c. of dock-yards, arsenals, &c.,
Notice of meetings of council, ii. 86.

ii. 94.
Quarterly meetings of council, ii. 87.

Council to have power to make bye-laws, ii. 95.
Council may appoint committees, ii. 87.

As to breaches of bye-laws, ii. 95.
Charitable trustees, ii. 87.

Corporate property and fines received to be
Council to act as trustees where corporators carried to account of borough fund, ii. 95.
were ex officio sole trustees, ii. 88.

Payment of debts, &c., salaries of recorder,
Council to appoint a limited number of coun-

town clerk, treasurer, and other officers,
cillors to be joint trustees for certain pur. and election expenses, to be paid out of such
poses, fi. 89.

fund, ii. 95.
Present trustees of certain acts continued Application of surplus, ii. 96.
for a definite time, ii. 89.

If fund be insufficient, council shall order a
Trustees not to go out of office by reason of rate to make up deficiency, ii. 97.

ceasing to be of council until time pre To be in nature of a county rate, ii. 97.
scribed by terms of trust, ii. 89.

Appeal, ii. 97.
Powers vested in trustees may be transferred Sums levied to be paid to account of borough
to councillors, ii. 90.

fund, ii. 98.
Vol. VI.


Watch rate, ii. 98.

Berwick upon-Tweed to be a county of a tots
Watch rate may be levied not exceeding 6d. in ü. 110.

pound, or in certain cases average rate, ii. Trial of offences committed in counties of

ties and towns corporate, ii. 110.
As to powers of the council of any borough, ii. Offenders committed to borough sessions those

jurisdiction is taken away to be tried in ad.
Recited act not to apply to boroughs in certain joining county, ii. 11l.
cases, ii. 99.

County justices to have jurisdiction in all bo-
Proviso, ii. 99.

roughs which have not a separate court
Payment of watch rate, ii. 100.

quarter sessions of the peace under art, L.
Limiting amount of watch rate to be annually

levied, ii. 100.

Certain boroughs not to be assessed to cocct
Council of borough empowered to levy a rate rates, ii. lll.

for carrying former act into execution, ii. Boroughs to pay expenses of prosecutions

assizes, ii. iii.
Regulating collection of borough and county Treasurers of counties to keep an acourt d
rates in divided places, ii. 101.

expenses of prosecution of offenders sent by
Accounts of receipts and disbursements to be such boroughs for trial at the assizes, i. 1.2
kept, audited, and published, ii. 102.

And make order on them for payment there's
Power of sale and leasing restrained, ii, 102.

ii. 112.
Council of borough authorized to renew leases, In case of difference respecting account, same
&c., ii. 103.

to be referred to arbitration, ii. 112.
Leases of certain buildings, and of ground for Council may contract for committing prisches

building on or for making gardens, &c., may to gaol of another borough, if sufficient, ë.
be made for seventy-five years, ii. 103.

Collusive purchases of corporate property Council of certain boroughs to have seen

since 5th June, 1835, for undue considera. powers under 4 Geo. 4, c. 64, and 5 Go4
tion, may be set aside, ii. 104.

c. 85, as justices have at their stasid.3 3
Commission may be issued for certain persons counties, ii. 113.

to act as justices in such boroughs, ii. 106. Boroughs to pay proportion of other cent
Councils may make bye-laws, on which crown expenditure, ii. 113.
may appoint salaried justices, ii. 106.

Borough courts of record to be holden as best
Council to provide a police office, ii. 106.

tofore, ii. 114.
Justices need not be qualified by estate, ii. But in certain cases with extended jurisdicác,

ii. 114.
Such justices not to sit in courts of gaol deli. Council to appoint registrar and other necesa
very, &c., ii. 107.

sary officers of court, ii. 115.
Justices to appoint a clerk, ii. 107.

Existing suits not to abate by reason of chang:
Who shall not be clerk of peace, or alderman, of jurisdiction, ii. 115.

or councillor, nor be concerned in prosecu Who to be jurors, ii. 113.
tion of offenders committed by borough jus Summoning of jurors, &c., ü. 115.
tices, ii. 107.

Fine on jurors for non-attendance, i. 116.
His Majesty may grant a separate court of Members of council, &c. exempt from servis

quarter sessions, and appoint a recorder, in on jnries, ii. 116.
certain boroughs, ii. 107.

Burgesses of boroughs which have sessi-
Recorder to be a justice of peace for borough, exempt from juries of county sessions, a
ii. 108.

But not a member of Parliament for the bo Chartered exemptions from serving on ja
rough, alderman, councillor, or police ma-

abolished, ii. 116.
gistrate, ii. 108.

Fees payable to clerk of peace, clerk to
Recorder and justices to make declaration be. trates, and registrar and officers of court ik
fore acting, ii. 108.

record, ii. 116. .
Sessions to be held for borough, ii. 108.

Table of fees to be hung up, ii. 117.
Of which recorder to be sole judge, ii. 108. Application of penalties, ii. 117.
Recorder not to make or levy county rate, or Limitation of time for prosecution of
grant licenses, ii. 109.

punishable on summary convictios, n. thi
Mayor, in absence of recorder and deputy re Power to summon witnesses, ii. 118.

corder, may open and adjourn court, ii. 109. Penalty for disobedience of summons, ke., 4
Capital jurisdictions, and all other criminal 118.

jurisdictions in boroughs, other than speci No witness or justice to be incompetent on the
fied in act, abolished, ii. 110.

ground of rateability, ii. 118.
Chartered admiralty jurisdictions abolished, ii. Payment of penalties, ii. 118.

May be levied by distress, ii. 118.
Certain exceptions in 38 Geo. 3, c. 52, re Or offender imprisoned, ii. 118.
pealed, i. 110.

Form of conviction, ii. 118.


ORPORATIONS- continued.

Appeal against convictions, ii. 118.

council to supply vacancies in office of al-
No certiorari, &c., ii. 119.

derman or mayor, ii. 126.
Defects in form, &c., ii. 119.

Manner of electing aldermen, ii. 126.
Venue in proceedings against persons acting Auditors and assessors disqualified to be of the
under act, ii. 119.

council, ii. 126.
Notice of action General issue, ii. 119.

In case of illness of alderman at election, ü.
Tender of amends, &c.—Costs, ü. 119.

Jurisdiction of Cinque Ports preserved, ii. Assessor may appoint a deputy, ii. 127.

Appointment to be signified to council, ii.
Jurisdiction of Cinque Ports further preserved, 127.
ii. 120.

Poll may be closed if an hour has elapsed with-
Proviso as to juries in Cinque Ports' liberties, out a vote being tendered, ii. 127.
ii. 120.

Mayor, &c. to continue as if elected in due
Act not to affect letters-patent founding a time, ii. 127.
grammar-school at Louth, ii. 120.

Proceedings on account of defects cured by act
Saring of the rights of the Universities, ii. to be discontinued, ii. 127.

No advantage to be taken under this act in
Not to affect jurisdiction over precincts of actions brought by corporation, ii. 127.

cathedrals, nor rights of University of Dur Power to take extracts from minutes, &c., ii.
ham, ii. 121.

Where bodies corporate are seised in corporate Proceedings of quo warranto against mayor,
capacity of advowsons, &c., same may be

&c. to be commenced within twelve months,
sold as ecclesiastical commissioners may di. ii. 127.
rect, ii. 121.

Applications may be made to King's Bench
Vacancy arising before sale to be supplied by for a mandamus to put a burgess on the
bishop of diocese, ii. 121.

roll, ii. 128.
Periods connected with first registration and If elections not made in time appointed, cor-
election may be deferred by order in coun. porations may proceed to such elections
cil, ii. 122.

on following day, ii. 128.
Queen empowered to grant charters of incor Powers to King's Bench under 11 Geo. 1, c.
poration, ii. 122.

4, extended to elections, ii. 128.
Interpretation clause, ii. 122.

Freemen may be admitted who were entitled
The 7 Will. 4 & 1 Vict. c. 78, ii. 123.

before 5 & 6 Will. 4, c. 76, ii. 129.
Election not to be questioned for defect in title Money borrowed to discharge pre-existing
of presiding officers, ii. 123.

debt to be deemed a debt contracted before
Provided that the person shall have taken 6 & 7 Will. 4, c. 104, ii. 129.
upon himself office, ii. 123.

Overseers may levy borough rates on parts ex-
Elections duly made since 25th December

clusively of any parish in the limits of bo.
good, though the wbole number of aldermen rough, ii. 129.
not elected, ii. 124.

Certain matters of local jurisdiction cognizable
Nothing herein to affect persons in actions to by justices for county, &c., ii. 130.
try right to office of profit, ii. 124.

Offences against local acts cognizable by bo.
Elections before election of assessors to be rough justices, ii. 130.
Falid, ü. 124.

Before whom courts of record may be holden,
Two revising assessors to be chosen in like ii. 130.
manner as auditors are, ii. 124.

Orders, &c., now made by or before recorder,
Burgess-roll not to be questioned for title of may be made by or before registrar in ab.
mayor or assessors, ii. 124.

sence of recorder, ii. 130.
Burgess-roll to be in force until revision of Recorders to be sole judges of borough courts
new burgess-roll, ii. 124.

in which they act as assessors, ii. 130.
Corporations not dissolved by neglect, to make Jurisdiction of court of record may be extended,
new burgess-roll, ii. 124.

ii. 130.
As to reckoning a former person's rating and Jurors may be summoned more than once

occupancy as part of a subsequent occu yearly when all who are qualified once sum.
pier's, ii. 125.

moned, ii. 131.
Rating in name of former occupier sufficient, Councils of boroughs to have same powers as

justices in general or quarter sessions had
Provision for certain cases in which equality in relation to building, &c. gaols, &c., ii.
of votes, ü. 125.

Repeal of provision relating to vacancies in Justices of cities or boroughs to regulate gaols,
council, ii. 125.

&c. therein at quarterly sessions, ii. 131.
Provision in lieu thereof, ii. 125.

Mayor, &c. not to be interested in any con-
Vacancies among councillors or ward assessors, tract for building, &c. gaols, &c., ii. 132.
bow supplied, ii. 125.

Borough gaol may be built beyond the limits
Mayor or councillor to convene a meeting of of borough, ii. 132.

ii. 125.

CORPORATIONS- continued.

Gaols, &c. under county jurisdiction previous Burgesses competent witnesses, ii. 139.

to 6 & 7 Will. 4, c. 108, excluded from its Mayor, &c., if inrolled on burgess-roll, not lis-
provisions, ii. 132.

ble to penalty for so acting, ii. 139.
Certain borough debtors and prisoners in con. Corporate offices may be resigned on payment

tempt may be removed to county gaol, ii. of fine, ii. 139.

Proviso for persons refusing on conscientious
Period to which accounts shall be made up, ii. grounds, ii. 139.

Reservation of exemption from tolls enjoyed by
Orders for payment of money may be removed persons in virtue of other than corporate

into the King's Bench by certiorari, ii. 133. rights, ii. 139.
Manner of transferring corporate property Accounts of corporations to be transmitted to
standing in bank books, &c., ii. 133.

secretary of state, and abstracts laid betare
Manner of transferring charitable property Parliament, ii. 140.
standing in bank books, &c., ii, 133.

The 6 & 7 Will. 4, c. 105, ii. 140.
By what authority and to whom dividends of County justices may contract with council of 1

charitable and corporate property standing borough in which there is a suficient gasi

in the bank books, &c. shall be paid, ii. 134. for committal of county prisoners thereta.
Receipts for monies, and application thereof, ii. 140.
ii. 134.

If a separate court of quarter sessions in the
Powers of act 5 & 6 Will. 4, c. 76, may be borough, such offenders may be tried ther,

granted by crown to boroughs, &c., though ii. 140.
not corporate, ii. 134.

Power to try prisoners at borough sessions abo
Business to be transacted at general or quarter though committed for trial under contract to

sessions for counties, &c. in which boroughs a county prison more than two miles from
are situate, ii. 135.

the borough, ii. 140.
The stat. 5 & 6 Vict. c. 111, ii. 135.

Oaths required to be taken by recorder, &c.
Confirmation of certain charters and proceed. may be taken before, mayor, &c., q. 141.
ings in pursuance thereof, ii. 135.

Mayor to hold over until acceptance of those
Compensation to certain officers, ii. 136.

by his successor, ii. 141.
The 6 & 7 Will. 4, c. 103, ii. 136.

Sheriff to be elected on 9th November instead
New provision as to boundaries of boroughs, of 1st November, ii. 141.
&c., ii. 136.

Coroner may appoint a deputy in case of il-
Proviso as to the liability of rate-payers, ii. ness or unavoidable absence, ii. 141.

Extension of jurisdiction of courts of requests,
Proviso as to the election of mayor, &c., ii. 137.

ii. 441.
Boundaries of borough of Sunderland, ii. 137. Powers of local acts heretofore exercised by
Division of boroughs into wards by barris. justices in quarter sessions, and not to

ters not to be affected by exclusion of ward powers of recorder, vested in council, .
or part of, ii. 137.

If a borough has been so divided that the Provision for holding courts of record, č. 141
whole of a ward shall consist of a district ex Repeal of part of 5 & 6 Will. 4, c. 76, as 3
cluded by act, a new assignment of council. quarter sessions for Cinque Ports, and Dom
lors to be made by barrister until Parliament provision made, ii. 142.
shall otherwise direct, ii, 137.

Justices acting under commissions granted by
Local acts for relief of poor not to be affected, virtue of 51 Geo. 3, c. 36, may exercise a
ii. 138.

powers of justices in counties relating to
Nothing herein to affect assessments of land or granting of licenses to victuallers, ii. 143.

assessed taxes, or jurisdiction of commis. His Majesty may appoint vice-chancellor a
sioners, ii. 138.

Cambridge University to be justice of bölm
Berwick-upon-Tweed declared a county to rough, ii. 144.

all intents but for parliamentary elections, Proviso as to vice-chancellor's power of 3
ii. 138.

censing alehouses, ii. 144.
The stat. 6 & 7 Will, 4, c. 104, ii. 138.

The 2 & 3 Vict. c. 27, ii. 144.
Extends power of disposition given to coun Judges of courts of record in boroughs es
cil as to certain demises, ii. 138.

powered to make, &c. rules for reguistung
And the power allowed to be exercised over said courts, ii. 144.

lands, &c. with approbation of treasury, Such rules to be confirmed by three judges, ..
ii. 138.

Treasurer of borough may apply proceeds of Courts to be held four times yearly, ii. 145.
sales as herein mentioned, ii. 139.

Personal actions to be commcned by summons,
Persons assigned to keep peace in borough may

ii. 145.
act as justices in levying county rates made The stat. 7 Will. 4 & 1 Vict. c. 19, č. 143.
before May, 1836, ii. 139.

Power to the recorder or other person presi
Mayor may issue his warrant for levying bo. ding to form a second court, and appoint
rough rate, &c., ii. 139.

barrister to preside therein, ii. 145.


Clerk of peace in such cases may appoint an

I. Of Prosecutor and Witnesses, &c.--con.
assistant, ii. 145.
Court may be adjourned, ii. 145.

Regulation of rates of allowance, ii. 175.
Proceedings preliminary to exercise of powers

Regulations to be signed by a judge, ii. 176.
hereby given, ii. 145.

Admiralty prosecutions, ii. 176.
Remoneration to officers of said second court,

Central Criminal Court, ii. 176.
ii. 146.

In corporations, ii. 176.
Appointments not subject to duty, ii, 146.

Decisions and observations on the foregoing
Schedules to the 5 & 6 Will. 4, c. 76, ii. 146.

enactments, ii. 176.
Indictment on 5 & 6 Will. 4, c. 76, s. 34,

Costs to be paid by treasurer, ii. 177.
against a voter at an election of councillors

Costs in other prosecutions, ii. 178.
for a borough, ii. 168.

II. Of Defendant on Prosecution by Indict.
Information under sect. 60, ii. 169.

Warrant of commitment under sect. 60, ii. Defendant's costs, ii. 178.

On indictment for libel, iii. 1222.
The 5 & 6 Vict. c. 104, ii. 170.

Prisoners charged with crimes in England
The word “contract" not to extend to leases,

for want of prosecution to be set at large,
sales, &c., ïi. 171.

ii. 178.
Members of council not to take part in discus Gaolers' fees abolished, ii. 178.
sions if pecuniarily interested, ii. 171.

Treasurer of counties, &c. not assessed at
Persons against whom suits have been com-

large, &c. shall pay to such gaolers not
menced for penalties respecting contracts

exceeding 138. 4d., ii. 179.
may have same determined, upon payment III. On Convictions and Summary Proceed.
of costs, i. 171.

ings before Justices.
Judges empowered to order suits commenced

Stat. 18 Geo. 3, c. 19, ii. 179.
before 8th Feb. 1842, to be discontinued, on

Justices may award costs, i. 985; ii. 179.
payment of costs, ii. 171.

Enforcing payment of, ii. 179.
And suits commenced subsequent to 8th Feb.

Except where the penalty amounts to 51., or
1842, to be discontinued, without costs, ii.

upwards, ii. 180.

Sessions to make regulations, ii. 180.
Act not to extend to action in which judgment

Mode of fixing costs, i. 986, 997; ii. 180.
has passed, ii. 171.
Councillors, &c. not to be disqualified on ac-

Costs of distresses, ii. 180.
count of having an interest in any lease of

IV. Of Carrying a Prisoner to Gaol, i. 782.
lands, &c., ii. 172.

V. Of Constables, and in other Cases.
Office of shériff not to be deemed an office of Of constables. See CONSTABLES.
profit, ü. 172.

On prosecution for third breach of alehouse

licenses. See ALEHOUSE.

On certiorari. See CERTIORARI.
How far a correction is justified in battery, i.

On appeals. See APPEALS.
284; v. 857, 858.

On appeals against poor-rates. See Poor-


On appeals against orders of removal. See


On appeals against overseers’ accounts.

See Poor.

In distresses for rent. See DistRESS FOR
I. Of Prosecutor and Witnesses in Prosecu.

tions by Indictment.

In prosecution of vagrants. See VAGRANTS.

Of prosecuting a master for ill treating
Prosecutor's costs at common law, ii. 172.

parish apprentice. See APPRENTICES.
Of witnesses in civil proceedings, ii. 173.

Of commitments. See COMMITMENT FOR
In criminal proceedings, ii. 173.

By statute 7 Geo. 4, c. 64, courts may or.

der payment of expenses of prosecutions

As to rewards, see REWARDS.
for felonies, ii. 173.
Allowances to persons attending on recog-

VI. Forms as to.
nizance, where no bill preferred, ii. 173. Order of justice to treasurer of county to
Court may order payment of expenses of

pay expenses of carrying party committed
prosecutions for misdemeanours, ii. 174.

to common gaol, on 27 Geo. 2, c. 3, s. 1,
Order of payment to be made out by clerk

ii. 181
of assize, &c., and paid by county trea Form of awarding costs on 18 Geo. 3, c. 19,
surer, ii. 174.

ii. 181.
In places not contributing to county rate,

Form of warrant of distress, and sale for
ii. 174.

same, ii. 181.


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