"I" . I Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN HEnORY OF JUDGE DOUGLASS BOARDMAN FIRST DEAN OF THE 8CH00L By his Wife and Daugliter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KD 4770.A97 1875 A treatise on the law relating to munici 3 1924 021 872 886 The original of tliis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021872886 A TKBATISB THEE T^J^^JV RELATIITQ TO MUNICIPAL CORPORATIONS EI^TGLAK'D Al^D WALES. BY THOMAS JAMES AENOLD, OF MNCOEN'S inn, ESQ., ONE OF THE MAGISTEATES FOE THE METBOPOLITAN DISTBICT. SECOND EDITION. CHAPTERS ON PRACTICE, BY SAMUEL GEORGE JOHNSTON, Solicitor and Town Clerk of Nottingham. LONDON: SHAW & SONS, FETTER LANE & CEANE COURT, 1875. LONDON : PRINTED BY SHAW AND SONS, FETTER LANE. DEDICATION OF FIRST EDITION. TO JOHI^T, LOED CAMPBELL, LOED CHIEF JTJSTICB OF ENGLAND, &C., &B., &C,, THIS TREATISE IS (WITH HIS LOKDSHIP'S PEBMISSION) DEDICATED BY HIS GRATEFUL AND OBEDIENT SERVANT, THE AUTHOR. ADVERTISEMENT TO FIRST EDITION. The object of this Treatise is to present, in a compendious form, the law with refere'nce to Municipal Corporations, espe- cially as it has been a;ltered and re-modelled of late years by the Legislature. ., It need hardly be observed, that it has no pretensions to supersede or in any way to interfere with the more elaborate works which have been published upon Corporate Bodies generally, and which the Student, who is desirous of mastering that branch of the law in all its bearings, will necessarily consult. The intention of the writer has been to confine himself strictly to Municipal Corporations ; only referring to the general law on Corporations, in order to render intelligible the immediate subject of the Treatise. In this view the first three Chapters, which treat briefly of Corporations generally, and of their incidents, may be con- sidered as introductory, and the last two, which relate to proceedings hj Mandamus and Qmo warranto, as supplementary, to the main body of the work. For these Chapters deal with subjects, which are not confined to Municipal Corporations alone ; but without them the work would have been incomplete. VI ADVEETISEMENT TO FIEST EDITION. In a Treatise of this nature, the writer can lay no claims to originality ; it is necessarily a compilation, which affords no scope even for the enunciation of general principles. He can but produce a methodical arrangement of materials which were already before him, or which the labours of others have rendered it a matter of no great research to obtain. If the writer of this Treatise has succeeded in this he has done ail he could aspire to, and may venture to hope that the result of his endeavours may prove of some utility to the profession, and to those concerned in the management of Corporate affairs. PREFACE TO SECOND EDITION. As some time has elapsed since the 1st Edition of this Treatise was submitted to the profession, it might naturally be expected that several changes and improvements would, in the interval, have been made in a branch of the law of such general importance as that relating to Municipal Corporations. The expectation of the reader will not be disappointed in this respect. A considerable number of statutes have been passed which directly and almost exclusively relate to Municipal Corporations, and which all operate more or less as amend- ments of, or as additions to, the principal Act (5 & 6 Will. 4, c. 76). To incorporate the provisions of these statutes into the body of the original work, and to expunge such portions of the text as depended on enactments since repealed, has been a work of very considerable labour.; in some instances requiring whole Chapters, or the greater part of them, to be entirely re-written. It is hoped the reader will find that this has been done carefully and satisfactorily. The work was going through the press at the beginning of this year ; but the publication was suspended, as it was generally anticipated that some extensive alterations in this branch of the law were about to be made in the then coming session of par- liament. The only statute, however, that was passed relating to the subject was " The Municipal Elections Act, 1875" (38 & 39 Vict. c. 40), but the provisions of this statute, mate- rially changing the method of nomination of candidates for municipal offices, whose election now takes place under the Ballot Act, 1872 (35 & 36 Vict. c. 33), are of sufficient conse- quence to leave no cause for regret at tlii^ delay in the publication. These last-mentioned Acts have entirely altered the mode of election of councillors, assessors, and auditors (they do not apply to/the election of any other municipal officers), and their provisions have been incorporated in Chapter X., which treats of the election of councillors. " The Prison Act, 1865" (28 & 29 Vict. c. 126), contains so many important enactments as to borough gaols, that it has been thought expedient to introduce anew Chapter (XXIV.) dealing expressly with this subject. In like manner a new Chapter (XXVI.) has been written on the subject of Free Public Libraries and Museums, rendered necessary by " The Public Libraries Act, 1855" (18 & 19 Vict. c. 70). The provisions of other statutes, and the cases that have been decided on matters connected with Municipal Corporations since the 1st Edition of this work, have been introduced in their proper places. The Monthly Calendar of business to be done will be useful for purposes of reference. Mr. Johnston, the Town Clerk of Nottingham, baa written two additional Chapters on Practice, for which he alone is responsible ; the former part of the work being entirely written by me. T. J. ARNOLD. London, Oct., 1870. TABLE OF CONTENTS. PAGE Chap. I. Of corporations generally ; and of the characteristics and objects of municipal corporations ...... 1 Chap. II. Of the creation of corporations 4 Chap. III. Of the incidents of a corporation : Sect. 1. Of the corporate name . 8 Sect. 2. Of the corporate seal ; and herein of corporate acts that must be done by deed .10 Sect. 3. Of the power to make bye-laws . . . . .15 Sect. 4. Of the power of purchasing and alienating corporate property : 1. Of purchase 21 2. Of alienation 23 Sect. 5. Of suits by or against a corporation . . . .28 Sect. 6. Of the succession of the members of a corporation . . 36 Chap. IV. Of the members of a, municipal corporation. — Reserved rights of freemen .... .... 37 Sect. 1. Of inhabitants 40 Sect. 2. Of freemen or burgesses ...... 42 a. Of freemen by birth and marriage . . . . .43 i. Of freedom by servitude ....... 43 Sect. 3. Of the parliamentary franchise . . . . .46 Sect. 4. Of the freemen's roll 49 Chap. V. Of the municipal boundaries ...... 52 Chap. VI. Of the new qualification as burgesses : . . . .55 Sect. 1. Of the age, and herein of the sex, of the party . . 55 Sect. 2. Of the nature of the premises occupied . . . .56 Sect. 3. Of the residence of the party 61 Sect. 4. Of being rated 63 Sect. 5. Of the payment of rates 67 Sect. 6. Of the enrolment of the party 68 Sect. 7. Of disqualifications : 1. Aliens 69 2. Receipt of alms 69 Chap. VII. Of the formation of the burgess lists . . . .73 Chap. VIII. Of the revision of the burgess lists . .... . .80 X Contents, PAGE Chap. IX. Of the burgess roll and ward lists ; and of the power of the Court of Queen's Bench [see notice post, after preface] to insert the names of parties ......•• °'* Chap. X. Of the Council ; and of the election of councillors . . 88 Chap. XI. Of the election and duties of aldermen .... 115 Chap. XII. Of the election and duties of the mayor .... 119 Chap. XIII. Of the powers of the Council 127 Chap. XIV. Of the election and duties of auditors and assessors . . 135 Chap. XV". Of the resignation of a corporate office . . . ' . 138 Chap. XVI. Of the amotion from a corporate office . . . 140 Chap. XVII. Of the office and duties of town clerk . . . .143 Chap. XVIII. Of the office and duties of treasurer .... 150 Chap. XIX. Ofthe duties of the coroner 153 Chap. XX. Of the watch committee, and borough constables . . 1 56 Chap. XXI. Of the borough justices and their clerk .... 160 Chap. XXII. Of the police magistrates 165 Chap. XXIII. Of the court of quarter sessions; and of the recorder and the clerk of the peace ........ 166 Chap. XXIV. Of the borough gaol 172 Chap. XXV. Of the borough courts of record ..... 176 Chap. XXVI. Of free public libraries and museums .... 180 Chap. XXVII. Of the borough fund, borough rate, and watch rate . 183 Chap. XXVIII. Of proceedings by mandamus 195 Chap. XXIX. Of proceedings by quo warranto 201 TABLE OF OASES CITED IN THIS WORK. A. PAGE Addison v. Preaton (Mayor, &c.) . . 190 Allen, app.y Greensll, resp 77 app.. House, reSp 77 Anon. (12 Mod. 423) 10 Ai*nold V. Poole (Mayor, &c.) 11, 12, 32 V. Gravesend (Mayor, &c.) 186 V. Ridge 185 Att.-Gen. v. Aspinall . . . . 28 V. Andi-ewa 188 V. Batley (Mayor) . . 190 V. Birmingham (Corp.) . . 22 V. Black 185 V. Foster 40 V. Kerr . . . . 7, 9, 32 V. Leicester (Corp.) . . 9 ■ V. Lichfield . . 28, 183, 191 i\ Liverpool (Corp.) . . 184 V. Newcastle (Corp.) . . 9 i\ Norwich (Mayor) . . 188 V. Plymouth (Corp.) . . 28 V. Poole (Corp.) . . . . 28 V. Rye (Mayor, &c.) . . 8 V. Shrewsbury (Corp.) .^ 129 i\ Wigan (Mayor) .. 188 v. Wilson . . . . 31, 36 V. Worcester (Corp.) . . 9 B. Bagg's case 196 Baker i\ Marsh 100 Bank of England, exp 12 Barber Surgeons of London v. Pil- son . . 29 V. Waite 102 Beard^worth v. Torkington . . 63 Bedford case 70, 71 Beenlen ajjp., Hoskin 7'esp 78 Bellard r. Bennett 20 V. Clement 20 Benson, eccp 51 Berwick (Mayor) v. Oswald 143, 150 Beverley r. Lincoln Gas Comp. . . 29 Birmingham (Mayor) exp.., . 121 Blackburn i\ Jepson 31 Blankley v. Winstanley . . . . 164 Bolton V. Throgmorton . . . . 17 Bosworth V. Hearne 19 Boyd v. Croydon Railway Comp. .. 163 Brett's case (Milbourne Port) . . 41 Bright u. North 188 Brocket's case, Bedford . . . . 71 Brown, exp 181 Bruce (Lord) case of . . . . 140 Bruce V.Bruce 62 I PAGE Bruce v. Wait 5 Bushell, app., Luckett, resp. 63, 66 Butchers' Comp, v. Bullock 30 _ -y. Morey . . . . 18 Campbell v. Billericay Union . . 13 Cardigan case 60 Carey u Matthews 13 Carlisle (Mayor, &c.) v. Blamire .. 9 Carmarthen (Corp.) inre .. . . Ill (Mayor, &c.) v. Lewis 29 Carter v. Sanderson 19 Cates V. Knight . . . . .61 Charlesworth v. Rudgard . . . 102 Chesterfield (Aldermen), case of 8, 44 Chilton V. London and Croydon Railway Comp 35 Church V. Imperial Gas Comp. 29 Cirencester case 71 Clementson v. Mason . . . . 94 Clark's case, Bedford . . . . 71 Chirk t'. Denton 18 V. he Cren 18 Clarke i\ Gant 74 Clarke v. Imperial Gas Comp. . . 11 Cobb V. Allen 194 Coe V. Lawi'ance 162 Colchester case 71 Cooke, app., Luckett, resp.. . 66, 68 Cooke V. Humber 58 Cope V. Thames Haven Comp. . . 13 Cortis ■y.Kent Water- Works Comp. 163 Coventiy (Mayor &c.) v. Lytham 63 Cowlev V. Sunderland (Mayor) . . 34 Creek," Re 69 Cricklade case 71 Croucher, app., Lambeth, resp. . . 57 Croydon Hospital v. Parley . . 8 D. Daly's case 63 Daniel, app.> Camplin, resp 77 app., Coulsting, resp. . . 67 Dai-tmouth (Mayor) v. TUley . . 150 Davis V. Morgan 18 De Grave v. Monmouth . . . . 14 Derby Canal Comp. v. Wilmot .. 11 Derby case . . . . . . . 42 Dickenson v. Shee 66 Diggle V. London and Blackwall Railway Comp 32 Table of Cases* PACE Dodwell V. Oxford (University) . . 20 Doc I!. Acklam . .. ..6!) v. Mulcaster 69 Doc tJ. Bristol Hospital (Govex'nors) uNnrtun 9 Citrlislc (Earl) v. "Woodman 34 Miildui 7'. Miller .. .. 9 Pai-Diiii^'ton v. Taniere .. 14 Farr /•. Rne . . . . 34, 183, 186 Dorchostcr (Mayor) 'o. Ensor . . 64 Downing, opp.^ Luckett, resii. . . 68 Downtnn, (Mayor) crjj 198 Drumoier /'.Ciiipiioiilium (Corp.)-. 35 Diiignan v. AValkur 62 Duncan v. hurrcy Canal Proprie- tors .. .. " 33 Dunstable v. Imperial Gas Comp. 29 E. Ea-^l India Company v. Glover . . 29 Loudon Wator-WurkH Comp. V. Bailey 13, 29 Eastern Counties Railway Comp. V. Eruom 35 Eggington )•. Lichfield (Mayor) 36, 148 case . . . . . 148 Elwood V. Bullock 19 Evans, Jn re See R. v. Eye. Everett v. Grapes . . ' . . 18, 20 Exeter (Mayor, Ike.) v. Trimlet . . 29 Foltmakere' Comp. ;•. Davis . . 30 Finch V. Brooke 66 Fisbmongers' Comp. v. Robertson 13 14, 30 Flight's case, Bedford .. ..77 Flounders, opp.. Dance, resp, . . 77 Pernlcy v. Worthington .. .. 191 Framework Knitting Comp. v. Green 19 Freemantlo v. Silk Throwsters Comp. 18 Frost V. Chester (Mayor) . . .112 G. Gadsby, ftpp., Warburton, resp. .. 77 (ra«'_' V. Peacock 139 (Jiiyilnu t). Bcucraft 47 Gib.-^oii v. East India Comp. .. 29 Goff V. Great Northern Railway C'-inj). 36 Graiiif^'cr ?j. Taunton 132 Green v. London General Omnibus Comp. .. .. ..33 Griesley'a case 41 H." Haddock's case 141 Hall V. Swansea (Mayor, Sic.) . . 32 Harding v. Davies 66 Harding I'. Stokes I04 Hardwlck v. Brown . . . . 106, 138 Harman v. Tappenden , . . . 142 Haniaon v. Godmau . . . . 18 PAGE Harwich (Jlaym*), In re .. •■ 82 Haviland v. Hdpkius . .. 138 Hcaraom's case, Ci ilclicstcr . . . . 71 Helston case 42 Henderson v. Sherborne . . . . 102 Henslow v, Fawcett 104 licskcth V. Brad duck . . . . 18 Hill V. Manchester Water-Works Comp. 11 Hine v. Reynolds 28 Hindmarsh, eir;.). .. .. .. 100 Huiton, (-(pp., Hinton, resp, . . 77 Hitchins, app., Brown, resp. .. 77 Hoblyn v. Rcgem . . . . . . 41 Holdswoi'th /■. Dartmouth (Mayor, &c.) 183 Hornet!. Ivy 12, 13 Hopkins v. Swansea (Mayor, &c.) 17,33,40,63,183,184 HughC8,apj>., Chatham (Overseers), resp 68 Huntingtower 7'. Gardiner. . . . 104 Hutchins (\ P[avor 19 Hythe (Corp.) (.'xp. . . . 184, 190 Iron's case, Colchester Jay's case 142 Jewel V. Stead . , . . . 161 Jones, rip2).. Cunning, resp 78 Jones V. Carmarthen (Mayor) 143, 190 Jones 7-'. Johnson .. ,. 163,191 Jones V. Waters 18 Judson, app., Luckett, resp. . . 64 K. King V. Burrell . . . , 74, 163 King V. Shore 74 Kingston-upon-HuU (Mayor, &c.) V. Homo 29 Kirk u Nowill .. .. '.. is Knowles, app.. Brooking, resp. '. '. 77 L. Lee V. Wallis 19 Le Peuvre v. Lankester . . ! ! 103 Leicester v. Burgess ig Leigh V. Hind "62 Lake V. Butler . . , . ! ' lei Lewis V. Rochester . . . . ! ! 18i> V. Rochester (Mayor) '. '. 83 Limerick Case -jq Limerick (Chamberlain, &c.) v. Att.-Gen. . . . . , . ^ gg Lincoln (Mayor, &c.), app., Holmes Common (Overseers), resp. . . 40 Liverpool Boro' Bank v. Eccles . . 30 London (City) Gas Comp. v. NichoUs 29 V. Goree . . . . 29 V. Compton . . ig Table of Cases, xui PAGE Love, cxp 61 Ludlow (Mayor, Sic.) v. Charlton 13 (Oorp.) V. Tyler . . . . 8 Luke ». Butler 22 Lyme Regis (Mayor) v. Henley . . 34 (Genge'a case) . . . . 60 LjTia 0. Turner 34 M. Maberley ti. Tittorton .. ..IBS Maldon case 42 Maiiby v. Long 13 Marshall v. Queenborough . . 11 Maund v. Monmouth Canal Comp. 33 Mellor V. Leather 163 Milbourne I'crt (Brett's case) .. 41 Miles V. Bough 131 Milward v. Thatcher . . . . 139 Minger v. Earlc 62 Mitchell V. Eeynolds . . . . 19 Mou" V, Munday 20 Mordelly V. Morton 32 Moss, app., Lichfield (Overseers), resp 64 N. Neobard, Iv. re (E. v. Eye) . . 67, 87 Nevesly v, Webster 46 Newcastle (Corp.), In re . . 129 New Sarum case 76 Newington's case, Canterbury . . 72 Norman's case, Rochester . . . . 72 Nunn, app., Denton, resp. . . 67, 77 O. Okehnmpton case 60 Oldknow r. Walnwi-lght . . 89, 108 Oxford Charities, Jnro .. ' .. 129 Oxford (Mayor, &c.) v. Wildgoose 10 P. Page, app., Perkins, rcsp 67 Palmer v. jpowell . . . . ■ . . 129 Pariente, app., Lnckett, resp. . . 64 Parr v. Att.-Gen 28 Pemiey v, Slade 166 Perkms v. Cutler's Comp 18 Peterslield case 77 Philips t>. Bury 196 Pierce v. Bartrum . . . . . 18 Piper V. Chappell . . . . 19, 20 Pitts, app., Smedley, resp 67 Pope V. Backhouse . . . - . . 102 Poulton V. London and South Western Railway Comp. .. 35 Procter v. Mainwaring . . . . 102 Praen, app., Cos, resp 77 R. Rngg's case 141 Randal v. Ueano 13 R.-i). Adlard 40, 41 ■ Alderson 116 Amos 114 Anderson 202 Armstrong 203 Arnesby 44 Ashwell 20 Atkins 63 Avery 78 Axmouth 68 Bailey 68 Banbury 44 Bankes 197 ■ Banks 96 Barford 101 Bath (Recorder) .. ..169 Benncy 204 Boster 136 Bird 46 Birmingham and Gloucester Railway Comp. . . . . 35 Birmingham (Mayor &c.) . . 167 Blissell 108 Blizard 204 Blockawton 169 Bolton (Mayor) . . . . 78, 83 Bond 139, 169 Boscawen 108 Boucher 6 Bourchier 166 Bower 113, 120 Bradley .■.78 Brame 204 Brecknock, &c., (Comp.) . . 199 Bridge 108 Brldgewater . . . . 68, 189 Bridgnorth (Mayor) 67, 87, 199 Bridgwater (Mayor, &c.) . . 190 Bristol (Mayor) . . . . 107 (Recorder) .. ..170 Brown 114 Bucks (Justices) . . . . 168 . Cambridge .. ..16,44,197 Cambridge (Mayor) ..06, 99, 18S Carmarthen (Recorder) . . 169 Carmarthenshire (Justices) . . 154 Carroll 68 Chalke 141 Chapman 95 Charles 168 Chltty 106 Coopers' Comp. of N6woastle- upon-Tyne 46 Coaks 108 Cousens 203 Coward 116 Cozens 06 Crcdlton 44 Croke i8 Croraford 40 Cutbush 16 Davis 41 Day 139 Deane 170 Deighton 69, 116 Derby 141 Table of Cases. PAGE R.u Derby (CouncUlorB) .. 109,111 Dixon 100 Dover (Mayor) . . 87, 197, 199 Dodsworth 95 Doncaster . . . . 44, 140 Drimerchion 44 Duncan 190 Dunn 190 Bast Bridgford 44 Bdiugale 44 ■ Bills 163 Bvesham 131 Bxeter (Mayor) .. ..197 Dlpstale's case 60, 62 Wescomb's case 61, 62,87 Exmtnstor (Inhab.) .. ..184 Bye (Mayor) . . . . 68, 199 Bye (Mayor, &c.) In re Evans 58 . In re Neobard 67, 87 In re TJnglass 69 Faversham (Comp. of Fisher- men 19 Flintan 72 Foxcrott 89 Pordham 64 Fox 162, 203 Francia 103, 202 Frost 39, 185 Fryer 61 Gatesftead (Justices) . . . . 148 Crlouceater (Mayor) . . . . 162 Gloucestershire (Justices) . . 64 Godwin 99 Great North of England Rail- way 35 Greene . . Ill, 190, 198, 203, 204 Grimshaw 131, 132, 163, 200 Grosvenor .. .. 114, 120 Hayward 171 Halesworth (Inhab.) . . . . 70 Hall 60 Harrison. 18 Harrald 66, 86, 203 . Hartlepool (Mayor) . . . . 78 Harvey 99 . Hai-wich (Mayor) 77, 86, 87, 196 Ha.stings (Mayor, &c.) . . 176 Hawkins 108 Head 41 Hedges 202 Hindniarch 202 Hiorns .. .. 108,111,197 Hodge 202 Hodson 202 Hopkiha 128, 198 Hoyte 89 Hughes . . . . 138, 139, 203 ■ Hull (Governors of the poor) 143 Hull (Recorder) . . 64, 169 Hulton 1.59 . Hungcrford . . . . lu, 120 Hunslet (Overseers) . . . . 192 Inman 44 Ireland 71 Johnson 186 Jones 41 Kemp 202 Kendal 198 — Kidderminster (Mayor, fco.) 68, 76 PACE E.D. Kynaston 89 Lancashire (Justices) . . 166, 168 Lane 138 Ledgard 109 Leeds (Mayor) 94, 98, 111, 140, 189, 203 (Recorder) .. ..168 Leyland .. .. 114,120,196 Lichfield (Mayor) 68, 70, 84, 86, 86 196, 197 ■ Lichfield (Town Coun.) 183, 188 189, 190 - — Linklnhom 44 Liverpool 141, 169, 184, 189, 190 (Recorder) .. ..168 Llangian ■- .. 122 London (Mayor) .. .. 196 Lyme Regis 142 M'Gowan 116 Maddy 116 Main 203 Mallott 41 Marsh 96 Marshall 42, 44 Marten 203 Mashiter 41 Masters . . . . . . . . ] 69 Mllner 200 Mitchell 41, 62, 163 Monday 89 Monmouth (Mayor) . . . . 78 Monmouth (Mayor &c.) . . 83 Morris 8 Morton . . . . 96, 138, 204 MountsoiTell 44 Newbury (Mayor) . . . . 86 Newcombe . . . . . . 63 New Windsor (Mayor) 6«. 86, 193 197 Nicholson 41 North Curry 61 Norwich . , 196 NoiTvich (Mayor) . . . . 76 Ogdcn 202 Okebampton 68 Oldham loi Owens 138 Oxford (Mayor) .. 140,198 Oxfordshire (Justices) . . 104 Paramore .. .. 189,190 Parry . . . . 108, 202, 204 Patcman 139 • Patrick 31 Payne 138, 204 Pembroke (Corp.) . . . . 98 Pepper I85, 203 Perkin 154 Phippen 140, 198 Piller .'54 Poole (Corp.) isg (Mayor) 193 Poor Law Commissioners . . 16 Powell 42 Poynder co Preece .. ..112,117,120,202 Prest 144 Preston 164 Quayle 202,203 Radford 197 Richardson .. .. 19,141 Richmond (Duke) . . . . 61 Table of Cases, XV PAHE K.B. Ripou(JusticeR) .. 162,169 aipon (Mayor); . . . . 133 Rochester (Mayor) 76, 79, 83, 144 - — Rowe 44 Royle 198 Saffron Walden (Inhab.) . . 161 St. Lawrence, Ludlow (Inhab.) 168 — — St. Luke's Hospital . . . . 64 St. Mary, Lambeth . . . . 208 St. Paul's, Bedford . . . . 44 Salop (Justices) . . . . 168 Salway 42 Sandys 141 Sankey 129,147 Sarjent 42, 62 Soolden 41 Sheffield (Mayor) . . . . 186 Shepton 44 Slatter 203 Slythe 44, 108 Spalding 95 Spencer 16 Stacey 203 Stamford (Mayor) . . 12, 33 Stockland 44 Stoke Damerel 112 Strachan 116 Stanley 116 Stratton 43 Suffolk (Justices) . . .168 Swyer 112 Tamworth (Mayor) . . . . 188 Tappenden 45 Tate 203 Taylor 6,141,204 Tewkesbury (Mayor) . . . . 109 Thirlwall 202 Thomas 124, 143 Thompson . . 95, 169, 189 . Tldderley 138 Tipton 44 Tiverton 141 Trapshaw 68 Trelawney 139 Trevenen 201 Trueboy 141 Truro 197 Tugwell 86, 203 Wakelin 204 Ward 203 Warlow 138, 204 Warwick (Mayor &o.) . . 190 Warwickshire (Justices) . . 164 ^Wells 141 Wells (Mayor &o.) . . . . 176 Westmoreland (Justices) . . 169 Westwood 15 White 204 Whitwell . . 114, 120, 203 Winchester (Mayor) 98, 106, 111, 112, 140, 198 Wyndham 32 York 16, 102 Reigate (Mayor) v. Hart . . 161, 164 Rochester case 72 (Corp.) V. Lee . . . . 9 (Dean and Chapter) v. Pearce 29 Rowley v. Reginam 98 Rutter V. Chapman 6 PAOB S. St. Charles Bank v. De Bei'fiales . . 29 Sanders v. St. Neot's Union . . 14 Score, app. v. Huggett, resp. . . 68 Scott D. Manchester (Mayor) . . 34 Scale V. Reg 82 Seaman's Hospital Society v. Liver- pool (Mayor, Sic.) 151 Sells V. Brown 20 Shaw V. Pope 18 V. Poynter 18 Sheldon, app., Fletcher, resp, . . 77 Sibbold V. Roderick 63 Simpson V. Ready . . . . 102, 107 Smiths. Birmingham Gas Comp... 33 V. Keg. 171 Southampton Dock Comp. v. Richards 131 Stafford (Mayor, &c.) v. Bolton . . 9 u Till 14, 29 Stahiland v. Hopkins 128, 129, 139 Stevens v. Midland Counties Rail- way Comp. 36 Steavenson v. Norwich (Mayor) . . 143 Sutton's Hospital, case of . . 10, 28 Swinford v, Kcble 130 Symmers v. Regem 142 T. Taunton case 70 Taylor v. Bath (Mayor) . . . . 108 u Gloucester 141 Thetford (Mayor), case of .. .. 10 Thomas v. Evans 66 V. Swansea (Mayor) . . 143 Thompson V. Raikes 163 Tintagel Borough, case of . . . . 99 Tollemache u London and South "Westera Railway Comp. . . 36 Toms, app., Luckett, resp 60 Totterdell v. Glazeby . . . . 18 Towsey v. White . . . . 102 Trinity House v. Crisp . . . . 18 Trotter v. Trevor 71 Tudball, app., Bristol (T. C.), resp. 77 U. Unglass, In re (R. v. Bye) . . Vanacher's case . . 112, 114, 120 Vaughan v. Lewis 17 Vavasor's case 12 Verrior v. Sandwich (Mayor) . . 139 W. Wakefield (Board of HealthJ,aH's., West Riding and Grimsby Rail- way Comp., reaps. .. . . 164 Wansey, app., Perkins, resp. . . 67 (HUl's case) 67 Table of Cases. PAGE Watson, app., Cotton, resp. . . 60 Pitt, resp 77 West V. Andi-ews 102 Whalley v. Bramwell . . . . 100 ;waiitcly -11. Chappell .. ..106 WJiitfleld V. South Bast Kailway Comp. 35 Whithorn, app., Thomas, resp. . . 62 Whitmore, app., Wenlock, resp. . . 60 Winiams v Pritchard . . . . 16 Wills, app., Adey, re.tp 77 Wilmot V. Coventry (Corp.) . . 13 Wilshire's case, Bedfoz'd . . . . 71 Wilson V. Roberts 58 V. Wilks 17 Winchelsea case 41 Wingi). Barle 62 PABB Winn V. Mossman 151 Wollett, app., Davis, resp 77 Wood V. Donnett 62 V. Tate 1* Woods V. Beed 190 Wooley V. Idle 18 Wooton Bassett, case of . . . . 41 Worcester case 50 Wright, app., Stockport, resp.60, 64, 68 Tarborough v. Bank of England . . 33 Yarmouth (Mayor &c.) v. Eaton.. 29 York V. Wellbank . . ' . . . . 17 LIST OF- STATUTES RBFEBEED TO IN THE TEXT. 43 Eliz. c. 2 ■ c. 3, s. '7 29 Car. 2, c. 7, s. 6 1 W. & M. sess. 2, c. 2 7 & 8 Will. 3, c. 34 0.37 8 & 9 Will. 3, c. 30, s. 13 & 14 Will. 3, c. 4 7 Ann, c. 5 9 Ann. cc. 20, 203 10 Ann. c. 23, s. 8 1 Geo. 1, u. 10 5 Geo. 1, c. 4, s. 2 11 Geo. 1, c. 4 . 2 Geo. 2, c. 23, ». 11 4 Geo. 2, c. 21 . 5 Geo. 2, c. 18, ss. 2, 4 13 Geo. 2, c. 3 u. 7 17 Geo. 2, c. 3 20 Geo. 2, e. 44 22 Geo. 2, c. 45 25 Geo. 2, c. 36 31 Geo. 2, c. 11 2 Geo. 3, c. 25 13 Geo. 3, r. 21 i;. 25 17 Geo. 3, c. 38, s. 4 18 Geo. 3, c. 59, s. 25 22 Geo. 3, c. 80 36 Geo. 3, c. 83 120, ', 153, PAffB 164, 169 71 148 21 81 21 168 111 69 ,199, 201 81 27 125 98, 196 16 69 160 69 69 63 69 69 168 43 69 69 69 50, 169 72 81 27 XVUl lAst of Statutes 55 Geo. 3, i .51 . 55 Geo. 3, c 137, s. 6 3 Geo. 4, e. 126, B. 65 4 Geo. 4, c. 64 5 Geo. 4, i;. 85 . 9 Geo. 4, c. 40, s. 38 61, s. 2J .21 1 WiU. 4, c 1 & 2 Will. 4, c. 41 2 & 3 WiU. 4, c. 45 g_ g9 S3. 1, 7 3 & 4 WiU. 4, c. 49 (J. 82 — c. 90 4 & 5 WiU. 4, r. 76, B. 56 . 5 & 6 WiU. 4, u. 63, 8.17 . f. /7fi s. 2 . s. 4 . U. /D, ft „ s. 5 . „ i> s. 6 . » »» s. 7 . 1> »s ». 9 . » " s. 12 s. 15 „ » s. 16 » „ s. 17 „ >t s. 18 >» 3> s. 19 )» » B. 20 6.21 » » s. 22 )J „ s. 23 •> ■s 0.24 B. 25 s. 26 „ „ s, 27 )» 6.28 8.29 s. 30 *» »» ». 31 »• ». 32 s. 33 PA&E 168, 191 . 102 . 102 . 163 . 163 . 168 . 170 . 199 . 159 178, 199 . 47 . 23 . 113 . 113 . 130 . 71 . 169 38, 50 . 45 49, 50, 122, 144 121, 141 . 52 56, 65, 160 . 60, 65 73, 75, 76, 99, 144, 197 . 73 76, 78, 99, 145 . 122, 145 . 82, 122 . 80 . 110, 122 50, 84, 85, 97, 122, 145 . 83, 145 . 74 88, 115, 135, 140 118, 121 . 117 100, 101, 116, 132, 135 . 95 88, 115, 123 . 88 93, 123, 135 . 122 referred to in Text. XIX 5 & 6 Wm. 4, 0. 76, s. : FASE s. 34 95 s. 35 123 s. 36 . 93, 118 s. 37 . 123, 135, 149 B. 89 . 93, 147 s. 40 93 s. 41 93 s. 43 91, 96, 100, 118, 135, 137 s. 44 93 s. 45 93 s. 46 96 s. 47 . 117, 136 s. 4S 74,7 5, 76, 79, 118, 123, 187, 145, 183 s. 49 . 115,119,120,121 s. 50 . 101, 117, 119, 186 s. 51 . 113,117,120,136 s. 52- . 106, 117, 120, 140, 141 =.53 . 85,99,107,117,119,137 s. 57 . 121,161 s. 58 122, 127, 128, 143, 149, 150 B. 59 . 128,151 s. 60 . 128, 147, 148 s. 61 . 101, 132 S.62 . 114, 182, 154 s. 68 . 153, 155 s. 64 153 s. 65 . 75,147 ». 67 198 ». 69 89,1 15, 119, 124, 131, 147, 153, 187 s. 70 128 S.71 . 129,190 ». 72 128 =.73 128 s. 75 130 S.76 128,156 S.77 156 =.78 157 =.79 157, 158 =.80 157, 158 s. 81 157, 158 s. 82 158, 159 s. 83 162 s. 84 . 156, 194 XX List of Statutes PAOB 5&6Wm.4,c.r6, B. 85 194 »» » s. 86 , , . 159 s. 87 . . 130 „ „ B. 88 , . 130 ». 90 , . 16, 102, 120 s. 92 68, 84, 133, 143, 168, 183, 186 188, 192, 194 „ s. 93 137, 152 „ „ s. 94 22, 24, 25 8. 95 . 25 s. 98 . 160 B. 99 . 75, 151, 165 s. 101 . 160,161 s. 102 101, 161, 162, 171 s. 103 11 4, 161. 165, 166, 167 8. 104 . 161, 167 8. 105 . 167,169,170 ., „ s. 106 . 169, 170 s. Ill . 164 B. 112 . 134,167 „ „ B. 114 . 185 ». 117 . 167 e. 118 167, 175, 177, 178 8. 119 . 101, 178 B. 121 . 171 8. 122 . 114, 162, 167 8. 124 134, 162, 171, 178 „ „ s. 125 . 147,171,178 8. 126 . 151,183 „ „ 8. 128 . 160, 162 s. 129 . 162 » „ B. 130 . 162 8. 131 . 162, 168 ., „ 8. 132 . 163, 169, 190 8.139 26, 27, 28, 151 „ 8. 142 5, 73, 128 6&7Will.4,c.77,».26 . . . 27 C OD, 8. ^ . 63 ,> „ 8, 6 . 169 « 1 flQ o 1 c. lUa, 8. 1 . 53, 54 c. iU4j, 8. 1 . . 185 s. 2 . . 24, 25 „ s. 3 . . 27,151 referred to in Text. XXI 6 & 7 wm. 4 c. 104, s. 5 . JJ 99 s. 7 . » 99 s. 8 . J> 99 s. 9 . s. 10 >s - c 105, ». 3 . J> 99 » 4 . 99 s. 5 . 9> 99 s 6 . » 99 s 8 . » 99 s .9 . 7 wm. 4. & 1 Vict. c. 19, s. 1 . J> 99 s. 2 . 3S 99 8.5 . » 99 S.6 . 13 99 S.-7 . - c. 6S » 99 s. 3 « ^;. 78 s 1 »> 99 s. 5 . » 99 ». 8 JJ 99 8.9 99 99 S.10 ?J 99 s. 11 s. 14 99 39 99 0. IS 99 99 S.16 8.17 99 99 99 8.18 99 99 s. 22 99 99 s. 23 >J S.24 s. 25 99 99 99 B.26 »> 99 S.28 99 99 8.30 99 99 s. 31 ». 32 99 »> 99 0.33 99 99 s. 35 8.36 9S 99 99 99 8.37 . 8.38 PAflE . 124 . 107 . 138 . 39 . 134 . 161 . 120 . 132 . 153 129, 169 176, 177, 178 124, 170, 171 , 170,171 . 85 . 85 . 85 . 134 . 154 108, 125 . 137 61, 65 . 65 . 89 . 97 116, 124, 147 109, 135, 137 . 93, 118 . 80, 136 80, 93 . 132 . 201 86, 196, 197, 199 88, 115, 119 . 98, 111 . 183 . 54 . 54 . . 176 . 178 . 177 . .171 . 163 . 163 xxu lAst of Statutes 7"Wm. 4&1 Vict. c. ?8, s. 39 „ „ s. 44 49 81, 1 & 2 Vict. c. 5 e. 15 c. 31, c. 35 c. 77 1.1 2 & 3 Vict. c. 27, s. 1 ,. ,. s. 2 >, » »■ 3 u. 28 B. 1 C.47 ■ c. 93 3 & 4 Vict. c. 28 s. 2 0.47 — '■ c. 88 4 cSt 5 Vict. c. 48 5 & 6 Vict. u. 97, s. 2 c. 98, s. 18 c. 104,8.1 »• 8 6 & 7 Vict. c. 12 c. 18, s. 13 „ «. 14 „ B. 15 B. 17 s. 18 s. 19 B. 23 B. 24 s. 25 s. 26 B. 27 s. 28 s. 29 s. 31 „ 8. 33 „ B. 35 ., sa. 38 to PASB 114, 123 . 190 . 5,6 191, 192 . 190 73, 192 . 81 . 81 27,28 . 50 81, 113 177, 194 . 177 . 178 . 133 . 161 . 157 . 194 . 120 . 157 . 184 . 163 . 185 . 102 101, 132 . 153 . 47 . 47 . 47 . 48 . 48 . 48 . 48 . 48 48, «. . 48 . 48 . 48 48, m. 48, «. 48 . 49 49, B. referred to in Text. xxui 6 & 7 Vict c. 18, s. 48 1) ». 49 »J ». 73 „ s. 75 it s. 76 c 67 1 „ s.3 89 s 1 „ s.3 M ,, a.5 „ 3.6 SJ 8.8 8 Vict. c. 18 . 8 & 9 Vict. u. 16 _ « 1Q .. tin 8.1 s. 2 s. 3 • jj ,, a. 5 „ s. 6 » 3j s. 7 ., ,. »• 8 c. 126, ». 62 9 & 10 Vict. c. 74, s. 24 c. 80 10 & 11 Vict. u. 16,> . 11 & 12 Vict. 0. 31, s. 9 c. 63 . c. 78 . 12 & 13 Vict. u. 8 s- 1 c. 45 . c. 64, b. 1 c. 65, ». 1 s. 2 „ „ s. 3 s. 6 c. 82 c. 8, s. 1 ■ c. 64, s. 1 13 & 14 Vict. c. 21, ri. 4 151, PAOB . 49 49, ». . 60 . 67 62, 63, 160 . 199 . 200 . 200 . 201 . 115 199, 204 . 150 . 170 . 26 . 181 175, 182 133, 192 192, 194 192, 194 169, 194 193, 194 . 194 194, 193 . 73 . 168 22,26 . 181 . 174 . 168 . 130 . 169 . 73 . 164 . 169 . 164 192, 193 . 193 169, 193 . 192 . 167 . 164 . 164 . 174 XXIV List of Statutes 13 & 14 Vict. c. 91 108 14 & 15 Vict. c. 55, s .9 . 15 Vict. e. 5, s. 1 15 & 16 Vict, c 38 c 81, ». 22 16 & 17 Vict, c 79, £ .6 . » f> E .7 . »> f) S .8 . > j> S .9 . > » S .10 . 3 » S 11 . „ S 14 . ^ 97 .102 127, 83, s ^ S.13 7 . 17 & 18 Viet. c. 112 125 o. 20 SB. 66, 67 « »5 »> 8.103 18 & 19 Vict. c. 70, S.4 . »> »7 ». 5 . « J» s. 15 J» »» 8.16 »J J» ». 17 ?J »> ». 18 JJ . » 8.19 w J> 8.20 J» J> =.21 )> 3» 8.22 » >» 8.23 »> J» 105 69, 8.25 19 & 20 Vict. c. 0.20 20 & 21 Vict. c. 50, s. 2 ,, ,, 8.6 « J? 54 90 . S.7 21 & 22 Vict. c. ; _ 98, s . 12, 13 22 Vict. c. 21 , - c. 27, s. 3 , 26; PASB . 54 . 103 . 171 . 103 . 164 . 169 . 114 80, 125 80, 89, 125 121, 147 90, 118 . 136 . 73 . 182 . 101 . 161 . 161 . 182 . 81 . 200 . 81 . 180 . 181 . 181 . 181 . 181 179, 182 . 182 . 182 . 182 . 182 . 181 . 182 . 182 . 157 . 130 . 84 73, 144 . 25 . 172 . 187 . 172 . 26 referred to in Text. PAOB 22 Vict. ^. 35 , ss. 6, 8 . 92, 100 „ „ s. 9 . 95 22 & 23 Vict c. 32 . 158 22 & 23 Vict. c. 32, s. -c. 56, s. 5 4 . 194 . 133, 169 23 Vict. c. 16 , s. 8 . 22 23 & 24 Vict c. 7 . 172 n "] a aa . 1,4 , ,7, 8, 9, 1 0,11 24, 25 . 172 - C. ID, SS -c. 66 -c. 106 . 175 V „ s. 6 . 22 24 & 25 Vict c. 75, s 2 3 5 6 . 121 . 160 114 . 133 25 & 26 Vict. c. 61, s. -c. 91 45 133 172 26 Vict. c. 13 182 26 & 27 Vict c. 29 . 104 28 & 29 Vict C.35 - c. 114 . i--a . 180 - c. 126 163 , 166, 172 ,j „ ss. £ to 10 . 172 »> ,' ss. 1 1 to 23 . 173 „ „ ss. 2 4 to 29 . 174 " »» ss. 3 ss. 3 1,32 3,34 . 174 . 175 ,, >j ss. i 4 to 47 . 175 J» >, S3. 4 9 to 68 . 175 - c. 127 s. 4 . 162 . 54 „ s. 57 29 & 30 Vict. c. 2, s. 4 . 134 » J s. 9 c. 100 c.ll4,s „ s . 134 . 175 . 181 . 180 . 2 3 „ s 4 . 181 »> „ s 10 . 181 30 & 31 Viet. u. 75, s. c. 102, . c. 142, £ c. 21 . 4 . . 3 . 126 . 56 . 179 . 175 .29 31 & 32 Vict. c. 72, s. c. 23, s. 4 . 1 . . 161 . 176 32 & 33 Vict. c. 55, s 1 . 55, 56, 6( ),61, 62,6 3. 67, 160 Ldst of Statutes PAGE 32 & 33 Vict. u. 55, a. 3 . 100 ,. s. 4 . . . . 100 „ 8. 5 . . . . 103 ft „ a. 6 . . • - . 135 c 6S . 81 c 71 . 106 33 & 34 Vict. c. 27 . . • • ^ . 50 c 75 :j 35 . 72 c 77 114, 149 152, 162 s. 20 . . . . . 171 c 91 . 100 c 93 . 56 c ^7 c 3 . 116 34 & 35 Vict. c. 48 . 126 r 0'7 . 43 c. vt c 116 . 126 35 & 36 Vict. u. 33 . . . 89, 135, 146 ». 2 . . . . 93 s. 3 . . . . 91 s. 8 . . . 91 ss. 15 to 29 . . 94 s. 20 . 91 . 109, 185 »• 21 . 93 , 123, 135 s. 24 . 106 s. 29 116, 135 ' „ „ u. 33 . 119 s. 35 . 110 S.38 . 110 s. 64 94, 110 r fin 97, 136 „ . „ s. 2 . . . 104 a. 4 . . . 103 a. 8 . . . 105 s. 9 . 171 s. 23 . 85, 107 „ i?o „ T n . 26 C. DO, S. X\J r °f^ . 178 s. 2 . . . . 178 ^^^~~~~~^^— c. yi, ss. 1, 4 . 186 » „ ss. 3 to 5 . . 187 ss. 6, 7 . 188 36 & 37 Vict. c. 33, s. 2 . . 127, 131 M ;j S. 3 . . . ^__ « CO . 131 • C. Do .... . 26 37 & 38 Vict. c. 35 . . 191 referred to in Text. xxvii 38 & 39 Vict. c. 40, s. 1 s. 2 s. 3 =.4 s. 7 s. 9 s. 11 PAGE 89, 90, 91 . 91 . 91 . 95 . 92 . 96 . 88 LIST OF STATUTES PRINTED IN THE APPEHDIX. 9 Ann. c. 20. 11 Geo. 1, e. 4. 12 Geo. 3, u. 21. 32 Geo. 3, c. 58. 1 Wm. 4, c. 21. 1 & 2 WiU. 4, c. 58. 2 & 3 wm. 4, c. 69. 3 & 4 wm. 4, c. 90. 4 & 5 wm. 4, u. 27. 5 & 6 WiU. 4, c. 76. 6 & 7 wm. 4, c. 103. c. 104. c. 105. 7W.4&lVict.c.l9. C.78. C.81. 1 Vict. c. 45. 1 & 2 Vict. c. 31. c. 35. 2 & 3 Vict. c. 27. u. 28. c. 93. 3 & 4 Vict. c. 28. c. 47. c. 88. 4 & 5 Vict. c. 48. 5 & 6 Vict. c. 98. u. 104. u. 111. 6 & 7 Vict. u. 67. c. 89. quo Proceedings in mandamtu and ranto . . Elections of mayors Proceedings in mandamus for admission of freemen ...... Amendment of proceedings in quo warranto Proceedings in prohibition and mandamus (Titles of sections) .... Relief against adverse claims (Titles) Application of corporate property Lighting and watching parishes (Part) Administration of justice . Municipal corporations Boundaries of boroughs . Borough fund . Administration of justice in boroughs Borough quarter sessions . Municipal corporations amendment Borough rates ... Notices on Sundays ..... Sale of church patronage in boroughs Admission of freemen Proceedings in borough courts Borough watch rates .... County and district constables . Borough watch rates Ee-election of mayors County and district constables Corporations rateable to poor rate Prisons ..... Municipal corporations amendment Boroughs incorporation . Writs of error in mandamus Municipal corporations amendment cclxv cclxvi cclxx celxxi cclxxii cclxxii cclxxii Ixx Ixxii Ixxiv Ixxix Ixxx xcii cclxxxiii xcii xcv xev xcvi xcvii xcviii cclxxxiv xcix ci ci cviii cix cclxxxT ex List of Statutes in Appendix. 8 & 9 Vict. c. 110. 11 & 12 Vict. i;. 93. 12 & 13 Vict. c. 8. c. 18. ■ u. 64. c. 65. c. 82. 13 & 14 Vict. c. 42. u. 64. 15 Vict. c. 5. 15 & 16 Vict. u. 38. 51 c 81. Collecting torough and watch rates Boroughs incorporation Appointment of overseers . Borough petty sessions Authority of justices as to poor . Levying rates in divided parishes Believing boroughs from county expenditure Incorporation of certain boroughs (Part) Eebuilding bridges in cities and boroughs c. 91. To authorize justices to commit assize prisoners to gaol . u. 105. For facilitating the union of liberties with counties (Part) Municipal corporations amendment Appointment of overseers . County courts (Part) Assessment of rates (Part) 16 & 17 Vict. c. 79. Municipal corporations 17 & 18 Vict. u. 71. Borough rates (not municipal) . c. 125. Amendment of process in superior courts (Part ; relating to mandamtis) Brighton (Title) Cinque ports (Title) . Libraries and museums Police Cinque ports (Title) . Hanley (Title) . Municipal corporations amendment Municipal franchise amendment Municipal elections amendment . Police amendment . Weights and measures amendment (Part) Municipal corporation mortgages Municipal corporation amendment Highways (Part) Gardens Police superannuation amendment 18 Vict. c. 31. 18 & 19 Vict. u. 48. c. 70. 19 & 20 Vict. c. 69. 20 & 21 Vict. c. 1. c. 10. c. 50. 21 & 22 Vict. c. 43. 22 Vict. c. 35. 22 & 23 Vict. u. 32. c. 56. 23 Vict. c. 16. 24 & 25 Vict. c. 75. 25 & 26 Vict. c. 61. 26 Vict. 0. 13. 28 Vict. c. 35. 28 & 29 Vict. c. 126. Prison Act (Part) .... 29 & 30 Vict. c. 41. Nuisances removal amendment . c. 100. Prisons amendment .... c. 114. Libraries amendment 30 & 31 Vict. u. 75. Eeligions disabilities removal . c. 62. Declaration against transubstantiation c. 115. Disqualification of justices removal . ' c. 142. County courts (Part) PAGE cxiii cxvi cxvii cxviii cxix cxx cxxiii cxxvi cxxvii cxxx cclxxxvi cxxxiii cxxxv cxxxvi cclxxxvi cxxxvi cclxxxviii ccxc cxxxix cxxxix cxl cxliii cxlvii cxlviii cxlviii cli clii clvi clxi clxiii clxvjii clxxi clxxi clxxiv clxxvi cxciii exciv cxcvi cxcvii ■" ccxc cxcviii cxoviii List of Statutes in Appendix. XXXI 31 Vict. c. 21. c. 22. 31 & 82 Vict. c. 41. 31 & 32 Vict. c. 72. c. 125, 32 & 33 Vict. c. 23. c. 53. u. 55. c. 62. , e. 75. c. 46. u. 48. c. 67. 35 & 36 Vict. c. 33. . c. 60. c. 68. c. 86. u. 91. 36 & 37 Vict. c. 33. c. 68. c. 86. u. 59. . c. 40. 33 & 84 Vict. 34 & 35 Vict. : 87 & 38 Vict. 38 & 39 Vict. Prison officers compensation Petty sessions and locli-up houses Borough election . . . . . Promissory oaths (Part) . Election petitions General rules as to municipal election petitions .... Deputy recorders Cinque ports (Title) .... Municipal franchise qualification Imprisonment for debt (Part) . Elementary education (Part) Bath (Title) Promissory oaths (Part) . Municipal corporation amendment . Ballot (Part) .... Corrupt practices (municipal elections) Barracks (Part) .... Courts of record Application of corporate funds . Municipal corporations evidence Militia (Part) . Elementary education (Part) Working men's dwellings . Municipal elections .... PAGE cxcix cc ccii cciii ccxci ccliv, cclxiii ccix ccix ccx ccx ccx ccxi ccxxviii ccxli ccxli ccxlv ccxlviii ccxlix ccxlix ccxlix ocxcii OP BUSINESS TO BE DONE EELATINe TO MUNICIPAL COEPOEATIONS. JANUARY. First. — Watch Committee are to transmit to the Secretary of State a copy of all rules, orders, and regulations made by them or the council for the regulation and guidance of the borough constables or policemen. This is to be done quarterly, see post, Chap. XX. (5 & 6 Will. 4, c. 76, s. 86, App., p. xxxvi). — Council are to appoint a certain number of their body to act as trustees for certain purposes where no day is named by Act of parliament, or instrument creating the trust, or has been usually observed for such appointment (5 & 6 Will 4, c. 76, s. 73, App., p. xxxi. FEBRUARY. First. — BoEouGH Cokonuks are, on or before this day, to transmit to the Secretary of State a written return of all inquests held by them during the year ending the 31st Decem- ber last (6 & 6 Will. 4, c. 76, s. 63, App., p. xxvii.) c XXI iv Calendar of Municipal Business. Twenty-second. — Town Clerk is, on or before this day, to transmit a register of parliamentary voters for the borough for the c irent year to the Secretary of State (31 & 32 Vict., c. 58, s. 37). Town Clerk is, nine days at least before the 1st of March, to publish a notice of the election of auditors and assessors (38 & 39 Vict. c. 40, s. 1 (1), App.,p. ccxciii. Form of the notice, 7(i. Sehed. 1, p. 1. See post, Chap. XIV). Mayoe is, two days before the 1st of March, to give public notice of situation of polling place for election of auditors and assessors (5 & 6 Will, 4, c. 76, s. 23, App., p. xv). Council are, during this month, i.e., before the Istof March, to transmit to the Secretary of State a statement of all monies received and expended on account of the corporation up to the last period of audit, i.e., in the preceding September (5 & 6 Will. 4, c. 76, s. 93, App., p. xli ; 6 & 7 WiU. 4, c. 104, 8. 10, App., p. Ixiv. ; 7 Will. 4 & 1 Vict. c. 78, s. 43, App., p. Ixxxix). MARCH. First. — Burgesses are to elect two auditors and two assessors for the whole borough, by ballot. Mayor is to preside at the election (5 & 6 Will. 4, c. 76, s. 37, App., p. xvii. : see post. Chap. XIV. Ward assessors are abolished (35 & 36 Vict. c. 33, s. 21, App., p. ccxv.) Mayor is to publish result of the election as soon as possible (35 & 36 Vict. c. 33, s. 2, App. p. ccxi., see post, Chap. X., p. 110 ; and Chap. XIV., p. 135). — Mayor is to appoint member of council as co-auditor (5 & 6 Will. 4, c. 76, s. 93, App., p. xli., j^ost, Chap. XH). Treasurer is, during this month, to submit accounts, &c , from the first day of last September to first day of current month, to the auditors and co-auditor (5 & 6 Will. 4, c 76 s. 93, App., p. xli., post, Chap. XVIU), * ' ' ' Calendar of Municipal Busimss. APRIL. Fust. — Watch Committee to make quarterly return (see 1st of January). JUNE. Tenth. — Town Clerk is, on or before this day, to deliver to the overseers a sufficient number of precepts and of printed forms of notices and lists relating to parliamentary elections (see 6 & 7 Vict. c. 18, s. 10). Twentieth. — Oveeseees are, on or before this day, to pub- lish a notice in v^riting as to tJie payment of rates and taxes before the 20th of July with reference to the insertion of the names of persons in the list of voters for members of parlia- ment (see 6 & 7 Vict. c. 68, s. 4, and 11 & 12 Vict. e. 90). Also to give notice to any occupier whose poor-rate due on the 5th of January remains unpaid on the 1st of June (see 30 & 31 Vict. c. 102, s. 28). Town Clerk is, during this month, to make a return to the Secretary of State showing the s ims levied or received as rates for paving, &c., and the expenditure thereof (see 23 & 24 Vict. c. 51, ss. 1, 2). JULY. First. — Watch Committee to make quarterly return (see 1st of January). Thirty-first. — Overseers are, on or before this day, to make out ^nd publish a list of all persons entitled to vote for mem- bers of parliament in respect of the occupation of premises of the yearly value of i610 ; and another list of all other persons (except freemen) so entitled to vote (see 6 & 7 Vict. c. 18, s. 13). xxxvi Calendar of Municipal Business. — Town Cleek is, on or before same day, to make out and pub- lish a list of freemen entitled to vote as above (see 6 & 7 Viet. c, 18, s. 14). AUGUST. jFiVst.— OvEESEEBs are, on or before this day, to publish lists of voters (see 31st July), by affixing them to doors of churches and chapels. — Town Cleek is, on or before same day, to publish list of freemen voters (see 31st of July) by fixing it to door of town hall or in some conspicuous place (see 6 & 7 Vict. c. 18, s. 14). — Twenty-fifth.— VsnsoNB Claiming to be inserted in either of the last-mentioned lists are, on or before this day, to give notice of their claims to the overseers or town clerk respec- tively (see 6 & 7 Vict. c. 18, s. 16). — LoDGBES desirous of being registered as voters are, on or before this day, to deliver their claims to the overseers (see 30 & 31 Vict. c. 102, s, 30, sub-sect. 2). — Persons on either list objecting to any other persons therein, are, on or before this day, to give notice of their objections to the overseers or town clerk respectively, and also to the person objected to (see 6 & 7 Vict, c. 18, s. 17). Twenty -ninth. — Oveeseees are, on or before this day, to deliver to the town clerk a copy of the lists of voters made out by them, of claimants, and of persons objected to (see 6 & 7 Vict. c. 18, s. 19). SEPTEMBER. First. — Oveeseees are, on or before this day, to make out the burgess list for the borough, and also the list of occupiers resident within fifteen miles of borough, and to deliver the same to the town clerk (5 & 6 Will. 4, c. 76, s. 15, post, App., p. x; 20 &21Tict. c. 50, s. 7, App., p. cl; 32 & 38 Vict. c. 55, s. 3. Post, Chap. Vn). Calendar of Municipal Business. xxxvii On or before the same day they are to publish lists of claim- ants for insertion in Hsts of parliamentary voters, including lodgers, and oi persons objected to (see 6 & 7 Vict. c. 18, s. 18 ; 80 & 81 Yict. c. 102, s. 80). — Town Clerk is, on or before same day, to publish list of claimants for insertion in list of freemen and list of persons objected to (see 6 & 7 Vict. c. 18, s. 18). Fifteenth. — Town CnEKK is, on every day during the week preceding this day, to publish lists delivered by overseers (see the first of this month). — Persons claiming to be inserted in such lists are, on or before the same day, to give notice to town clerk. — Persons objecting to any other person therein are, on or before the same day, to give notice to the town clerk, and also to the persons objected to (5 & 6 Will. 4, c. 76, s. 17, App., p. -a, post, Chap. vn). Tbeasubee is, during this month, to submit accounts, &c., from the 1st day of last March to the auditors and co-auditor (5 & 6 Will. 4, c. 76, s. 93, App., p. xh, post, Chap. XVUI; and see Errata). OCTOBER. j-jj-st.— Watoh Committee to make quarterly return (see January 1st). Fifteenth. — Mayor and Assessors are, between the 1st of this month and this day, to hold court for revising burgess lists, three clear days' notice having been given thereof. They are also to revise the separate list of residents within fifteen miles (see September 1st) ; and when revised the mayor is to deliver them to the town clerk (5 & 6 Will. 4, c. 76, s. 18, App., p. xi. ; 82 & 88 Vict. c. 55, s. 3 (2), App., p. ccviii). Post, Chaps. vm, IX. Twenty -second. — Town Clerk is, on or before this day, to make up the burgess roll, i.e., an alphabetical list of the burgess xxxviii Calendar of Municipal Business. lists ; and to copy the separate list above mentioned at the end of the burgess roll (5 & 6 Will. 4, c. 76, s. 22, App., p. xii. ; 82 & 33 Vict. c. 55, s. 8, App., p. ccciii.. Post, Chap. IX). In this month, two Boeough Justices are to appoint special constables (6 & 6 Will. 4, c. 76, s. 83, App., p. xxxiv., post. Chap. XX). Watch Committee are to transmit to the Secretary of State a statement of number of offences, &c., up to the 29th of Sep- tember preceding (see 19 & 20 Vict. o. 69, s. 14). Town Cleek, at least nine days before 1st October, is to give notice of election of councillors (38 & 39 Vict. c. 4Q, s. 1 (1), App., p. ccxciii., post, Chap. X). NOVEMBER. First. — Burgesses are to elect councillors by baUot (5 & 6 Will. 4, c. 76, s. 30, App., p. xv., post. Chap. X). Ninth. — Council at quarterly meeting are to elect mayor; such election being the first business to be transacted (5 & 6 Will. 4, c. 76, s. 69, App., p. xxi., post. Chap. XII). — Also in boroughs, that are counties of themselves, to elect sheriffs immediately after the election of mayor (5 & 6 Will. 4, c. 76, s. 61, App., p. xxvi., post, Chap. XIII). — To fix days on which other three quarterly meetings are to be held (5 & 6 WiU. 4, c. 76, s. 69, App., p. xxix., post, Chap. xni). — In every third year to elect aldermen (5 & 6 Will. 4, c. 76, s. 25, App., p. xiii., post, Chap. XI). DECEMBER. Before the thirty-first.— Town Cleek is to deliver the lists of parliamentary voters for the borough to the returning officer (see 6 & 7 Vict. c. 18, s. 48; and 30 & 31 Vict. c. 102, s. 38). NOTICE. "Wherever in this work: the Court of Queen's Bench is mentioned, it must now be taken to mean the Queen's Bench Division of the High Court of Justice, pursuant to Sect. 3 of the " Supreme Court of Judicature Act, 1873 " (36 & 37 Yict. c. 66), suspended by the " Supreme Court of Judicature (Commencement) Act, 1874 " (37 & 38 Vict. 0. 83). EREATA. Page78,n.(e), add "See also iZ.y. Plenty, Q. E. 4 Q. B. 346." „ 91, par. 3 with notes should come in at p. 93, par. 7, after the words " by the Ballot Act." „ 96, last line, dele " the " before " notice." „ 96, n. (J>) for " c. 42 " read " c. 40." „ 115, n. (?) after " 1 Q. B. 878 " insert " 1 G. & D. 429." „ 147, after par. 4. insert " He is to countersign orders of the Council on the Treasurer for the payment of money : 5 & 6 Will. 4, c. 76, 8. 59; App., p. XXV., and see post, p. 151." „ 151, par 5, for " on the 1st of March and the 1st of September" read " in the months of March and September. „ 162, after par. 2 insert " the Clerk to the Justices may be paid by salary instead of fees by an order of the Secretary of State, on the recommendation of the Council, which is to be signed by the Mayor : 14 & 15 Vict. c. 55, s. 9." „ 171, n. (o), for " s. 18 " read " s. 9." „ 171, par. 3 , line 5, after " of the Council " insert " to be signed by the Mayor." ,i 186, 11. (c) refer to 35 & 36 Vict. c. 91. App. p. xcii., note (e), line 2, for "a. 38 " read " s. 3." A TREATISE ON THE LAW EELATINO TO MUNICIPAL COEPOEATIONS, CHAPTER I. Of Corporations generally and of the Characteristics and Objects of Municipal Corporations, A corporation is a creation of the Law, and may be defined to be a body politic, capable of maintaining a perpetual succession, for the purpose of keeping alive certain rights and privileges.' Sir William Blackstone has remarked, that as all personal rights die with the person, and as the necessary forms of invest- ing a series of individuals, one after another, with the same identical rights, would be very inconvenient, if not impracticable, it has been found necessary, when it is for the public advan- tage to have any particular rights kept on foot and continued, to constitute artifical persons who may maintain a perpetual succession, and enjoy a kind of legal immoitality (a). Thus, if it were considered advisable that a number of indi- viduals should be associated together for any public purpose, it would be competent to them, generally speaking, to form a voluntary association to carry out that purpose ; but such an association would possess no peculiar rights or privileges : they would not be empowered to make any regulations that would be legally binding upon the whole of the members, and in case of any property becoming vested in the association, with the (a) 1 Bl. Com. ch. 18. B •Z uorporanuns vrnvietuuy • view of carrying out its purposes, such property could only be continued to the successive members of the association, by a series of conveyances, repeated as often as the property changed hands. But in the case of a corporation, the members and their suc- cessors are considered as one person in the eye of the law. Whatever rights or immunities are vested in the body at the time of its incorporation are transmitted to its successive members : they, or the majority of them, have power to make such regulations for the general conduct of the whole body, as may be considered most conducive to its welfare : these regula- tions, if not repugnant to the general law of the land, and if in accordance with the rules prescribed to the body at the time of its creation, will be binding upon all the members ; and what- ever property is vested in the body, remains vested in the suc- cessive members without any fresh conveyance, but by the mere operation of law. Corporations, according to the law of England, are either aggregate or sole. A corporation aggregate consists of several persons united together into one society, which is kept up by a perpetual suc- cession of members, so as to continue for ever. Of this kind are the mayor, aldermen and burgesses of a borough ; the head and fellows of a college ; the dean and chapter of a cathedral church. A corporation sole consists of one person only and his suc- cessors, in some particular station, who are incorporated bylaw in order to give them legal capacities and advantages which in their natural persons they could not have had, particularly that of perpetuity. In this sense the king or queen regnant is a sole corporation ; so is a bishop, and so is every parson or vicar. Corporations are, further, of two kinds ; ecclesiastical and lay. Ecclesiastical corporations consist entirely of spiritual persons, such as deans and chapters, or bishops, or vicars. Lay corporations are of two sorts, eleemosynary and civil. Eleemosynary corporations are such as are constituted for the perpetual distribution of the free alms or bounty of the founder Corporations Generally, 3 to such persons as he has directed. Of this kind, are hospitals for the relief or maintenance of the sick, and for the promotion of learning and piety. Civil corporations are erected, some for the advancement and regulation of manufactures and commerce, such as the guilds or companies of London ; some for the advancement and improve- ment of any particular science, such as the College of Physicians, the Eoyal Society, and such like ; some again, for the good government of a city, town or particular district, such as the mayor, aldermen and burgesses of a borough, and these last are termed municipal corporations (a). A municipal corporation, therefore, is a civU corporation aggregate, established for the purpose of investing the inhabi- tants of a particular borough or place with the power of self- government, and with certain other privileges and franchises. (a) See 1 Bl. Com. mf supra, and authorities there cited. b2 CHAPTER II. Oj the Creation of Corporations, No corporation can exist without the consent of the Crown, either express or implied. Corporations which have been established within the time of legal memory, are created either by royal charter or by Act of parliament, in both of which the royal consent is expressly given. Some corporations exist at common law ; others by prescrip- tion ; of these latter, the corporation of the city of London is an example. In both these classes the corporations have existed from before the time of legal memory, and the royal consent is implied. The Crown has no power to compel the inhabitants of any city or town to accept a municipal charter ; no such charter being valid, unless the inhabitants or a majority of them express their acquiescence therein. A list of the municipal corporations which existed in England and Wales, at the time of the passing of the Municipal Corpo- ration Act [a) in 1835 is set forth in the schedules (A) and (B) to that Act, all of which either had been created by charter or existed by prescription. From that time the powers of the Crown as to granting charters of incorporation have been in some measure limited by the provisions of the 141st section of that Act, and the 49th section of the 7 Will. 4 & 1 Vict. c. 78. The first mentioned Act, after reciting that " sundry towns and boroughs of England and Wales are not towns corporate, and it is expedient that several of them should be incorporated," enacted that " if the inhabitant householders of any town or (a) 5 & 6 Will. 4 c. 76. App. p. Ux. Creation of Corporations. 5 borough (i) in England and (c) Wales shall petition His Majesty to grant to them a charter of incorporation, it shall he lawful for His Majesty, hy any sneh charter, if he shall think fit, by the advice of his privy council, to grant the same, to extend to the inhabitants of any such town or borough within the district, to be set forth in such charter, the powers and provisions in this Act eontained : provided nevertheless, that notice of every such petition, and of the time when it shall please His Majesty to order that the same be taken into consideration by his privy council, shall be pubhshed by royal proclamation in the London Gazette, one month at least before such petition shall be so considered." Some doubts having arisen as to whether the Crown could grant a new charter of incorporation to a town which already had a charter before the passing of the Municipal Corporations Act, the provisions of the 141st section of that Act are re-enacted by the 49th section of the 7 WiU. 4 & 1 Vict. c. 78, and the Crown is thereby empowered to grant a charter of incorporation to a town or borough, " whether such town or borough be or be not a corporate town or borough, or be or be not named in either of the schedules" to the Municipal Corporations Act ; and it is further enacted, that the publication in the London Gazette " shall not need to be by royal proclamation." This last mentioned section virtually repealed the 141st section of the 6 & 7 WiU. 4, c. 76 ; which is now actuaUy repealed by the Statute Law Eevision Act, 1874 (d). It would seem, therefore, that although the prerogative of the Crown to grant a general charter of municipal incorporation is not abolished by these statutes, yet a charter containing the privileges and powers mentioned therein can now be granted only where such a petition has been presented, and only then by the advice of the privy council. (h) As to the meaning of the word hot^ough, see 5 & 6 Will. 4, c. 76, s. 142 (The Interpretation Clause. App. p. Iviii) and Bruce v. Wait, 1 M. & G. 1, note. (c) This should have been or. By sect. 49 of the 7 Will. 4, and 1 Vict. c. 78 (see next paragraph above), it js enacted " that if the inhabitant householders of any town or borough in England or Wales shall petition, ifE) Z1 & 38 Vict. c. 35. 6 Creation of Corporations. The words of both these statutes are, "if the inhabitant householders of any town or borough, &c., shall petition, &c." K however, a charter of incorporation has been granted upon the petition of the inhabitants, and it should afterwards appear that such petition had not been presented by the whole or the majority of the inhabitant householders, the charter will never- theless be valid {a). It may perhaps be presumed that if a large minority of such householders were opposed to the petition for a charter, the privy council would not advise the Crown to grant the same. Although in a case where the inhabitant house- holders of a borough amounted to 48,000, and a petition for a charter had been signed by 4,000, and a counter petition pray- ing the Crown not to grant a charter had been signed by 6,000 ; and the charter had been granted, it was held (J) that the second petition did not necessarily in point of law deprive the Crown of the power to grant such charter upon the first peti- tion ; but that whether the first petition was, under all the cir- cumstances, the petition of the inhabitant householders of the borough, so as to authorize the exercise of the powers conferred by the 7 WUl. 4 & 1 Vict. c. 78, s. 49, was a question of fact for a jury ; and that the determination of the privy council to advise the Crown to grant the charter upon such petition, was not conclusive of its validity. A charter may be granted to a part only (to be defined therein) of the borough from the whole of which the petition emanated, and need not be conferred upon the inhabitant householders of the whole borough ; and the Crown may, by its common law prerogative, appoint in such charter the number of and set out the wards in the new borough (6). The court will not allow the legality of the charter to be tried on a motion for a quo warranto informatio;i against an officer appointed by the corporation (c) ; nor indirectly to be questioned on a motion to quash a rate by the county justices on the borough {d). (a) R. V. Sottclier, 3 Q. B. 641 ; 2 G. & D. V37. (b) Mutter v. CImpman, 8 M. & W. 1. (o) Reg. ,. Taylor, 11 A. & E. 949. {d) Beg. v, Boucher, ut swpra. Creation of Corporations. 7 It may be here noticed that a corporation, as altered by the Municipal Corporation Act, is but a continuance of the old corporation («). The consideration of what parties would fall under the deno- mination of " inhabitant householders," is reserved to another portion of this work, where the question will be fully dis- cussed (/). (e) Attorney- General v. Kerr, 2 Beav. 420. (/) Fast, chap. vi. ss. 1, and 3. CHAPTER m. Of the Incidents of a Corporation. Section 1. Of a Corporate Name. It is essential that every corporation should have a name bestowed upon it at the time of its incorporation, which name is, according to Sir Edward Coke, as the proper name or name of baptism of a private individual. And by that name alone the corporation must perform all its corporate acts, and must be described in all documents and legal proceedings (a). But a minute variation in this respect is not material (6), and a Uberal interpretation has in this respect always been exercised in cases of grants and devises, where the object has been to ascertain the intention of the grantor or testator, and the courts have been disposed to give effect to that intention where it was plain what precise corporation was meant (c). The name of a municipal corporation generally consisted of an enumeration of the component parts of its government, such as " the mayor, bailiffs and burgesses of the borough of ." The names of the corporate boroughs that were in existence at the time of the passing the 5 & 6 Will. 4, c. 76, will be found in the schedule to the Act (d). By the 6th section of that statute («) it is enacted, that in future the name of the body c6rporate of every borough shall be "the mayor, aldermen, and burgesses " of such borough. (a) See 10 Rep. 28, 122 ; GUb. Hist. C. P. 182 j S. v. Morris, cit. 2 Ld. Raym. 1238. (6) Zt/me Regis, {Mayor, Sfc.) case of, 10 Eep. 122; JB. v. Croie, Cowp. 29. (c) 10 Eep. 57, i; 124, h; Chesterfield (Aldermen), case of, Cro. Eliz;. 35. See also Croydon Hospital v. Farley, 6 Taunt. 467 ; AMorneu^ General v. Mye, {Mayor, ^o.) 7 Taunt. 546. {d) Fast, App. (e) App., p. vii. The Corporate Name. ' 9 "Where the town corporate is a city, the proper appellation of the body corporate will now be, " the niayor, aldermen and citizens " of the city (/), This statutable uniformity in the title of corporations will prevent objections being taken as to the correctness of their description; such objections, however, were not very frequent, and were not favoured by the court {g). The Act does not create new corporations, though in many eases it alters the name of incorporation, and makes new pro- vision with respect to the constitution of the corporate body (h). Where a corporation declaring in covenant by their modern name, stated that the citizens, &c., were from time immemorial incorporated by divers names of incorporation, and that at the time of making the indenture by A. B., declared on, were known by a certain other name, by which name A. B. granted to them a certain water-course, and covenanted for quiet enjoy- ment; it was held that the deed granting the water-course to them by such name, was evidence as against the defendants, who claimed under the grantor, that the corporation were known by that name at the time, upon an issue taken on that fact («■). (/) Attorney- General V. Worcester (Corp.), 2 Phill. 3 ; Bochester (Corp.) V. Zee, 15 Sim, 376. (ff) See Stafford {Mayor, ^c.) v. Bolton, 1 B. & P. 40 ; see also Doe d. Maiden, v. Miller, 1 B. & A. 699. (h) By Patteson, J., in Ludlow {Corp.) v. T^ler, 7 C. & P. 537. &ee also by Parke, B. in Doe d. Bristol Sospital {Governors) v. Norton^ 11 M. & W. 929 ; and see Attorney- General -t. Kerr, 1 Beav. 420; Attorney- General T. Newcastle (Corp.), 5 Beav. 15 ; Attorney-General-^, Leicester- {Corp.) 9 Beav. 546. {i) Carlisle {Mayor, ^c.) v. Blcmire,. 8 Ea. 487. b3 10 The Corporate Seal. Section 2. Of the Corporate Seal; and herein of Corporate Acts, that must be done by Deed. Another incident of a corporation is the having and using a common seal, by which the body corporate is considered to express their aggregate intention, as they cannot do so by any personal act or oral discourse. The individual members, indeed, may manifest their private assent to any act by words, or by signing their names, but that will not bind the corporation ; it is only the affixing of the seal which unites the several assents of the individuals who compose the community, and makes one joint assent of the whole (a). It is not necessary that there should be any clause in the charter of incorporation empowering them to use a seal ; as it is a necessary incident to the existence of a coi-poration that it should have one, and as soon as the corporation is established, the body may make and use what seal they will (b). It is laid down that a corporation may do acts upon record without their common seal, but not acts in pais (c) ; that is to say, that although in all matters which are not of record, any act, in order to bind the corporate body, must be witnessed by the affixing of their common seal, yet a corporation wUl be bound by any admission made upon record, as in the pleadings in the course of a cause, although such admission is not under their seal. Generally speaking, when the corporate seal appears affixed to a document it will be presumed to have been regularly so affixed ; and the party who impugns its legality has the burden cast upon him of showing in what manner the annexation was illegal or irregular (d). Where the corporate seal has been affixed to an instrument without the authority of the corporate body, it is invalid, and may be repudiated by them (e). (a) Dav. Eep. 44, 48. (b) Sutton's Hospital (Case of), 10 Eep. 30. (c) Thetford (Mai/or's) Case, 1 Salk. 192, S. C, Holt, 171. (d) See Skinn. 2. (e) A.wn., 12 Mod. 423. The Corporate Seal. 11 The due affixing of the corporate seal is sufficient to give validity to an instrument without a formal delivery (/). But where the corporate seal was regularly attached to a conveyance, but at the same time the clerk of the corporation was ordered to retain the conveyance in his hands until some accounts were settled with the purchasers, it was held that the conveyance did not pass the estate () M. i. Stamford (Mayor, tf-o.) 6 Q. B. 433. (c) See 1 Salt. 192, and Arnold t. Foole (Mayor, (Sfc), ut swpra.. (d) Bank of England (Ex parte), 1 Swanst. 10. (e) Bro. Ab. Corporation, 83. (/) 1 Ro. Ab. 514. And see Dy. 102, pL 83. (s) Some V. Ivy, 1 Vent. 47 .; S. C. 1 Mod. 18 ; Cit. 3 P. Wms. 424. (h) See Vavasor's Case, Moo. 552. (i) T. B. 4H, 7. 6, 13, 17; 7 H. 7. 9. The Corporate Seal. 13 And an appointment by deed is not necessary in cases •where -the acts to be performed are of daily occurrence, and too in- significant to be worth the trouble of affixing the corporate seal ; such as the employment of a butler (k). So, where the act to be done requires to be executed imme- diately ; as where cattle are to be distrained damage feasant, which might escape before the formality of executing a deed could be gone through (I) ; in such a case the verbal authority of the mayor would be sufficient (m). It is said that it is only in cases of necessity, occasioned by the hurry of the proceedings, that such a course can be pur- sued (n) ; yet it has been decided that a corporation may appoint a bailiff to distrain without deed, because the distress vests no interest in them (o). It has been seen that a corporation cannot grant a lease with- out deed ; nor can they make any contract except under seal (jp). Thus they cannot enter into a contract to pay a sum of money out of the corporate funds, for making improvements within the borough, except under the common seal (g) ; and it seems doubt- ful whether they can borrow money except under seal (r). But though a contract put in suit by a corporation is on their part executory only, and not executed, there seems little doubt that their suing on the contract would amount to an admission on record by them that such contract was duly entered into on their part so as to bind themselves, and that such admission on the record would stop them from setting up as an objection in a cross action, that it was not sealed with their common seal (s). Where a contract has been executed — that is where the per- son who is a party to the contract has received the benefit (k) Some V. Ivy, wt swpra., p. 12, Bro. Ab. Corporation, 56. \V) Matiby v. Long, 3 Lev. 107. (m) Randall v. Deane, 2 Lutw. 1497. (») See East London Waterworks Compam/ v. Bailey, 4 Bing. 287. (o) Carey v. Matthews, 1 Salk. 191, 467. (p) See Fishmongers' Company v. Robertson, 5 M. & G. 131 ; 6 Scott, N. E. 56 ; Camplell v. Bellericay Union, 18 L. J. (n. s.) Exch. 282 ; Cope V. TkoMies Haven Company, lb. 345. (j) Ludlow {Mayor, i^c.) v. Charlton, 6 M. & W. 815. (r) Wilmot v. Coventry (Corp.), 1 Tou. & C. 518. (*) Per Tindal, C. J., in Fishmongers' Company v. Robertson, ui supra. 14 The Corporate Seal, of the consideration moving from the corporation (a) — the law will imply a promise, and a deed under seal is not necessary ; they may, therefore, sue a party in assumpsit for the use and occupation of lands belonging to them (J). So, where the mayor of a borough had ordered weights and measures, and when supplied, they were examined at a full meeting of the corporation, this was held to be such a recogni- tion of the contract as would make the porporation liable to pay for them, although there was no order for them under the common seal ; and that the fact of the mayor having been after- wards ousted from oflS.ce by a judgment of the Court of King's Bench made no difference (c). So, where an indenture was entered into between A. B. and C. bailiffs, and D. E. and F. aldermen, with the assent of the burgesses of the borough of M. of the one part, and J. S. of the other part, whereby the said bailiffs, aldermen and burgesses demised lands to J. S. for years, to be holden of the said bailiffs, aldermen and burgesses, and the deed was executed by A. B. and C. and D. E. and F., but not sealed with the corporation seal ; and J. S. had paid rent to the bailiffs, as the chief ofi&cers of the borough ; it was held that their servant might make cognizance for taking a distress under a demise by the corporation, notwithstanding a notice had been given by the aldermen (one of whom was a party to the indenture) to pay the rent to them ; for the payment of rent to the bailiffs, admitted a tenancy from year to /ear under the cor- poration [d). (a) Per Tindal, C. J., in The Fishmongers' Comnam v. Soiertson, 5 M. & G. 131 ; 6 Scott, N. R. 56. (6) Stafford {Mayor, S^c.) v. Till. 4 Bing. 75 ; see also Doe d. Farming- ton V. Taniere, 18 L. J. (n. 8.) Q. B. 49. (e) He Grave V. Monmouth, C. & P. Ill; see also Sanders v. St. Neofs Union, 8 Q. B. 812. {d) Wood V. Tate, 2 N. E. 247. Power to make Bye-Laws. 15 Section 3. Of the power to make Bye-Laws. A third incident to a -corporation which is included by law in the very act of incorporation («), is the power to make bye- laws, or private statutes for the government of the whole body ; and these laws are binding upon the members, unless they are inconsistent with, or contrary to, the common or statute law (/) or the provisions of the charter of incorporation (g). Where the power of making bye-laws is in the body at large, they might, at common law, delegate their right to a select body, who thus become the representatives of the whole community (h). If, however, the charter gave to a select body a power to make bye-laws touching certain matters therein specified, that did not take away from the body at large their incidental power to make bye-laws touching other matters not specified in the charter (i). But since the passing of the Municipal Corporation Act, bye-laws that concern the government of the borough, or the prevention or suppression of nuisances under the penalty of fines, can be made only by the council of the borough, at a meeting where at least a majority of two-thirds shall be present. A copy of such laws must be forwarded to the Secre- tary of State, and affixed to the town hall or some other public place, forty days before they acquire any force. But such (e) See Hot. 211. (/) By 5 & 6 Will. 4, c. 76, s. 1, " all laws, statutes and usages, &c., as are inconsistent with or contrary to the provisions of this Act shaU. be and the same are hereby repealed and annulled." This enactment was hardly necessary according to the well known m.axim of law : Leges posteriores priores contraia sahrogant. See 1 Rep. 256 ; Broom's Legal|Maxims, 27. As to inconsistencies between earUer and later statutes see by Lord Kenyon, C. J., in Williams v. J'ritchard, 4 T. R. 2 ; and by Lord Denman, C.J., in S. V. Foor Laio Commissioners, 6 A. & E. 48. {3) M. V. Outbush, 4 Burr. 2204; Sobh/n v. Megem, 2 Bro. P. C. 329 ; S. v. Cambridge, 2 Selw. B. P. 1144. (A) S. V. Spencer, 3 Burr, 1837. (i) S. V. Westwood, 2 Dow. & CI. 21 ; 4 Bligh (n. B.), 213 ; 7 Bing. 1; 4 B. & C. 781. 16 Power to make Bye-Laws, bye-laws, or any part thereof, shall not come into operation if within that period the Privy Council shall disallow the same ; and the Crown has power at any time within that period to enlarge the time within which such bye-law, if disallowed, shall not come into force (a). The council has the power of appointing by the bye-laws, the fines for their infringement ; but no fine is to exceed £5 (a). The provisions of the statute do not, it will be seen, mter- fere with any existing bye-laws, except such as may be incon- sistent with or contrary to that statute (such being repealed by section 1), but relate only to bye-laws made after the passing of the Act. Bye-laws may be made generally for the regulation of the internal affairs of a corporation ; the conduct of its members ; the reasonable exercise of a right, or the mode by which a per- son is to be admitted thereto, where he has an inchoate title ; but they cannot take away a right, or impose any unreasonable restraint in the exercise thereof. The following may be mentioned as instances in which a bye-law has been held valid. In the city of York, which was incorporated before the time of legal memory, there had been a court from very ancient times, held first before the mayor and bailiffs, and after a charter of Eich. 2, before the mayor and sheriffs. By a bye-law made in 3 & 4 Phil, and Mary, by a select body of the corporation, who had immemorially made rules and regulations as to the practice of the court, and who had at their discretion selected the persons admitted to practice as attornies there, it was ordered, that thenceforth there should be no more than four persons admitted to be attornies of the sheriff's court ; and from that time it did not appear that any more than that number had ever been allowed to practice : it was held that the bye- law was reasonable, and that the usage limiting the number of attornies to four was sufficiently ancient to satisfy the statute 2 Geo. 2, c. 23, s. 11 (ft). (a) 5 & 6 Will. 4, c. 76, s. 90, App., p. xxxvUi. (i) B. V. Tork, 3 B. & Ad. 710. Potver to make Bye-Laws, 17 In the year 1762 an Act of parliament passed for dividing and enclosing two pieces of open land in the borough of S., over which the corporation of that borough had immemorially exercised the sole right of pasturage, and enacted that they should be divided between and allotted to the lord of the manor and the corporation in certain sl^ares ; and that the corpora- tion should have power from time to time to make leases of the allotments so vested in them, for such terms, and with such covenants and agreements as the burgesses in common-hall assembled should think proper. On the 1st of April, in the same year, the burgesses made a " rule, order, and ordinance," whereby, after reciting that they were of opinion that the most beneficial mode for the corporation of enclosing the lands would be to grant leases of them for long terms to such burgesses as were wilUng to take the same, under covenants to enclose them, it was ordered that no lease should be made to one burgess in the same lease of more than fifty, or less than five acres; " and ■ it being their desire and opinion, that every burgess residing within the borough should receive a benefit from the said inclosure," it was further ordered that certain annual sums out of the rents arising from the inclosure, shouldbe paid and distributed yearly, on every 2nd November, among the twelve senior burgesses residing within the borough, and that no burgess who should take a lease should be entitled to receive any of such money. It was held that this ordinance was a valid bye-law (c). There also exist in some boroughs certain customs, which may be presumed to have originated in bye-laws, as they can only exist in prescriptive corporations (d) ; such customs are not, however, in general much favoured, and the courts require them to be incontrovertibly proved (e). Before the passing of the Municipal Corporation Act, bye- laws in restraint of trade were considered bad, unless they (c) SopTcins y. Swansea (Ma^for, ^o.), 4 M. & W. 621. S. C. in error, 8 M. & W. 901. (d) See Vaughanv. Lewis, Carth. 228 j Bolton v. Throgmorton, Skin. 55. (e) See Wilson v. Wilhs, 2 Ld. Eaym. 1133 j Yorh v. Wellanlc, 4 B. & 4. m. 18 Power to make Bye-Laws. were supported by a custom in the borough, when they would be upheld (a). But a bye-law to support a custom, giving a penalty to any but the corporation, has been held bad (b). So also has a bye-law to oblige a person who had a right to be free of a city to take up his freedom in some particular company (c). So a bye-law founded on a custom to include foreigners, and authorizing a distress for a penalty in case of a breach of the bye-law, without a previous demand or refusal of such penalty (d). And now all bye-laws and customs prohibiting persons other than freemen, &c., from carrying on trade within a borough, are abolished by the Municipal Corporation Act («). A corporation, however, may regulate the manner of carrying on a trade within the borough, so far as to prevent monopoly or the sale of unfit commodities, or to insure the proper conduct of those who trade within the borough (/), or to protect the safety or health of the public. Upon this priuciple, a bye-law to prohibit gunpowder from remaining within a harbour for more than twenty-four hours, has been held good ((/); so a bye-law has been upheld which prohibited the slaughter of any animal within the walls of a city (h). It has been seen that a bye-law cannot be made to take away an existing right, such as that of a freeman : or to incur a forfeiture of goods, unless such power is expressly given (i). (a) See BesTceth \. SraddocTc, 3 Burr. 1847; Snickers' Company r. Moray, 1 H. Bl. 370; Wooley v. Idle, 4 Burr. 1951 ; London v. Compton, 7 D. & E. 597 ; S.. v. Harrison, 3 Burr. 1822 ; Shaw v. Foynter, 2 A. & E. 312 ; Jones v. Waters, 1 C. M. & R. 713 ; Clark v. Denton, 1 B. & Ad. 92 ; Clark v. Le Cren, 9 B. & C. 52 ; Leicester v. Burgess, 2 N. & M. 131 ; Ferlcins v. Cutlers' Company, 1 Selw. N. P. 1145. (J) Totterdell v. Glazeby, 2 Wills. 266. (c) Harrison v. Qodman, 1 Burr. 12. {d) Davis \. Morgan, 1 C. & J. 587. (e) 5 & 6 Will. 4, c. 76, s. 14, App., p. ix. (/) See Freemantle v. Sili:- Throwsters' Company, 1 Lev. 229, S.C., 1 Keb. -309. See also ^Everett v. Grapes, 3 L. T. (n. s.J 669. (g) Trinity Souse v. Crisp, 2 Show. 95. (/t) Fierce v. Bartrum; Cowp. 469 ; see further Sham r. Fope, 2 B. & Ad. 465. (0 Kirh V. Nowill,! T. K. 118; see also 8 Eep. 125 ; 1 Wils. 63. Power to make Bye-laws. 19 But a corporation may make bye-laws for the amotion of an officer for just cause (k). The proper causes of amotion will be considered hereafter. It has been laid down as a general rule that any bye-law that is unreasonable, or unjust, or uncertain, is bad (l). Thus a bye-law that if any person should be elected to a certain ofS.ce in the corporation, and should refuse to undertake the office, he should be subject to a certain fine, has been held bad (to) ; as such a bye-law would extend to persons who were not members of the corporation. So a bye-law inflicting imprisonment as a penalty ia in- valid (n). But a bye-law imposing a penalty of £5 to the use of the corporation, " or less at the discretion and pleasure of the corporation," is not bad for uncertainty in the amount of the penalty (o). A bye-law which provided that n'o person should erect any booth, or place any caravan, for the purpose of any show or public entertainment in any public place within the borough, without the license of the mayor, and that any such license given at any other time than fair time should be revoked by the mayor, if three inhabitant householders, residing within 300 yards of the place for which it was granted should memorialise the mayor to revoke it, was held to be unreasonable and bad (p). A bye-law may be good in part and bad in part ; but that can only be so where the two parts are entire and distinct from each other (jj) ; thus, if a bye-law consists of several distinct and independent provisions, although one or more of these may be void, yet the rest of the bye-law may be valid (r). (i:) U. y. Richa/rdson, 1 Burr. 517 ; 3 Ld. Ken. 85. \V) See Bosworth v. Searne, 2 Str. 1085, S. C. Andr. 93 ; Mitchell v. Reynolds, 10 Mod. 133; Carter y. Sanderson, 5 Bing. 79; Framework Smtters v. Gfreen, 1 Ld. Ray, 112. (m) Oxford (Mayor, Sfc.) y. Wildgoose, 3 Lev. 293. Sutchins v. Flayer, Moore, 411. Fiper v. Chappell, 14 M. & W. 622. b) Elwood T. FullocTc, 6 Q. B. 383 ; 13 L. J. (n. S.) Q. B. 330. (q) By Ld. Kenyan, C. J. in i2. v. Faversliam (Company of Mshermen), 8 T. R. 356. (r) Zee v. Wallis, 1 Ken. 295. s 20 Power to make Bye-laws. But if a bye-law be entire, and one part be void, it is void altogether. Thus if a bye-law, instead of being limited to those within the jurisdiction of the corporation, professes to extend to strangers also, it is void not only as to the latter, but also as to the members of the corporation (a). An y existing bye-law may be repealed by the corporate body (b), but it must be done by a new law made for that pur- pose, which, like every other bye-law, must now be submitted to the Secretary of State under the provisions of the ninetieth section of the Municipal Corporation Act. Offences against any bye-law made by virtue of that Act, are punishable by summary conviction before a magistrate. The prosecution for any such offence must be commenced within three calendar months after the commission thereof (c). It has been decided that a bye-law cannot be objected to in a summary way upon motion, on return to a habeas corpus, except in cases from London (d) . But the validity of a bye- law may be tested in an action to recover a penalty, where that is, the proper mode of proceeding («) ; or where a penalty has been enforced by distress, by an action of trespass (/) or in proceedings to enforce a penalty before justices {g). Evidence of a practice in contravention of a bye-law is not receivable {h). {a) Dodwell v. Oxford ( University), 2 Vent. 34. (i) S. Ashwell, 12 Ba. 22; S. v. Westwood. 4 B. &C. 806. Ic) See 5 & 6 Will. 4, c. 76, ss. 91, 127, App., pp. xxxviii, liii. (d) Bellard v. Bennett ; Same v. Clement, 2 Buxr. 775. (e) Piper v. Chappell, 14 M. & W. 624. (f) Moir V. Mundm/, Sayer, 181, 185. (g) Mverett v. Grapes, 3 L. T. (n. s.) 669. (A) Bells V. Brom, 9 C. & P. 601. Power of Purchasing Corporate Property. 21 Section 4. Of the Power of Purchasingand Alienating Corporate •mam •cferti Prcferty. 1. Of Purchase. A fourth incident to a corporation is the power to purchase and hold lands and other property for the benefit of themselves and their successors and to alien the same. And first of the power to purchase. At common law it seems that corporate bodies were capable of purchasing lands to the benefit of themselves and their suc- cessors. But by the various statutes of mortmain they were prohibited from purchasing more lands without a license from the- Crown. At the Kevolution it was declared (i) that the power of dispensing with statutes claimed on the part of the Crown was illegal and void. And as it was afterwards con- sidered that this might be construed into a prohibition against the exercise of the royal power in granting Hcenses to corporations to take lands, it was thought prudent to give a legislative sanction to such licenses. Accordingly, by the 7 & 8 Will. 3, c. 37, it was enacted, that it should be lawful for the Crown to grant to any corporation licenses to alien in mortmain, and also to purchase, acquire, take and hold in mortmain, in perpetuity or otherwise, any lands, tenements-, rents or hereditaments whatsoever. Corporations, therefore, may now, upon obtaining the royal license, purchase real property to any extent. Where the body corporate of any city or borough has not power to purchase or acquire land and hereditaments, or to hold land in mortmain, if the council deem it expedient to purchase or otherwise acquire for pubHe purposes any here- ditaments, they may represent the circumstances to the Trea- sury, and vrith their approbation they may purchase or acquire (») By 1 Will. & M. sess. 2, c. 2. 22 Power of Purchasing Corporate Property. ^ny hereditaments on such terms and conditions as have been approved of by the commissioners ; and with the like approval they may charge, by wnj of mortgage or otherwise, the here- ditaments so purchased, or any others of the body corporate, or the borough fund (a), or borough rate, with the payment of the purchase money and interest (b). Notice of the application and liberty to inspect a copy of the memorial are to be the same as in the case of an application in relation to a disposition of here- ditaments (o). By the 9 & 10 Vict. c. 74, s. 24, " the council may from time to time contract for the purchasing or renting any lands necessary" to establish public baths and wash-houses ;" and the property therein shall be vested in the mayor, aldermen, and burgesses." And now by 23 Vict. c. 16, s. 8 (d), the council of any corporation which has not the power to acquire land may do so for public purposes on obtaining the consent of the Treasury (e), and the council may, with the like consent, raise the necessary funds by mortgage of the land to be pur- chased, or any other corporate hereditaments, or the borough fund (a). By sect. 9, if the answer of the Treasury shall not be altogether favourable, a copy of the correspondence shall for one month be kept in the town clerk's office for inspection. With regard to personal property, as the statutes of mort-' main have no reference thereto, corporations are capable of taking that species of property to any amount (/). One body corporate cannot be joint tenant with another ; as in that case there could be no survivorship, both bodies being perpetual; and survivorship is a necessary incident of that species of tenure. Nor can a body corporate be joint tenant, with a natural person, because the latter cannot have the benefit of survivorship. But a corporate body and a natural person (a) See Attorney -General v. Birmingham (Corp.), L. R 3 Ea 104. X Jr / I- (J) 23 Vict. c. 16, s. 8, App., p. clxvi. (c) Id See 5 & 6 Will. 4, c. 76, s. 94, App., p. xli, and post, p. 24. (a) Ut supra. (e) See 23 & 24 Vict c. 106, s. 6. (f) See 1 Kyd, Corp. 104. Power of Alienating Corporate Property. 23 may be tenants in common together, as survivorship is not an incident of that tenure {g). 2. Of Alienation. Before the passing of the Municipal Corporation Act the legislature had, by the 2 & 3 WiU. 4, c. 69 (7i), interfered to prevent the waste and dissipation of corporate property, by its application towards the expenses attendant upon parliamentary elections, and enacted, that it should not be lawful for any municipal corporation to pay or apply any money or personal chattel belonging to the corporation in discharge of any such expenses; and that all bonds, &c., for the securing the same should be void (i). That any gifts, payments, &c., made by any corporation for the purpose of inducing any person to exert himself in elections at a future time should he considered to be within the Act {k). That all conveyances, leases, &c., of real property for the purpose of satisfying or securing any expenses prohibited by the Act should be void {I). That all votes or resolutions passed by any corporate body directing or authorizing any payment forbidden by the Act should be void (m). That any corporate officer who should make any payment contrary to the Act should be individually liable to repay and make good the value thereof to the corporation (w). That any two corporators might bring actions or suits in the name of the corporation against any person offending against the Act (o). And that any member of a corporation offending against the Act should be guilty of a misdemeanor, and for ever after disabled from holding any office in the same corporation (p). The power of disposing of the real property belonging to the (J) Co. Lit. 190 a. (m) Id. sec. 4 (i5.) (i) App., p. i. («) Id. sec. 5. (i) Sec. 1 (iJ.) (o) U. sec. 6. \k) Id. sec. 2 {lb.) (jp) Id. see. 7, App., p. iji. (^l)Id. sec. 3, App., p. ii. 24 Power of Alienating Corporate Property. corporation has been still further limited by the provisions of the Municipal Corporation Act, whereby the council are restrained from selling, mortgaging or alienating the lands, tenements or hereditaments of the body corporate ; or from granting leases for a term exceeding thirty-one years, to be computed from the making such lease, except leases of buildings or leases for building or improvement, which may be granted for seventy-five years, either at a reserved rent or a fine, unless with the approbation of the Lords of the Treasury [a). If the corporation desire to sell, mortgage or alienate or in any other way dispose of any of the corporate lands (b), or to grant any lease for a longer term than thirty-one years, or upon different terms and conditions than those above mentioned, in order to obtain the necessary sanction of the Lords of the Treasury — 1st. A notice of their intention to apply to the Treasury must be fixed on the outer door of the town hall, or in some public and conspicuous place within the borough, one calendar month at least before such application ; and 2ndly. A copy of the memorial intended to be sent to the Treasury, must be kept in the town clerk's office during such month, and be freely open to the inspection of every burgess at all reasonable hours during that period. If the answer of the Treasury is not wholly favourable, a copy of the correspondence shall be kept for inspection at the town clerk's office as in the case of an application to purchase land (c). The council, however, may grant a renewal of any lease — 1st. Where on the 5th of June, 1835, they were under a covenant or agreement, express or implied, to renew ; (a) 5 & 6 Will. 4, c. 76, s. 94, App., p. xli. This section also excepted sales, leases, &e., made in pursuance of contracts bon) See 9 Anne, c. 203 ; 1 Will. 4, c. 21. (?) See 3 Bl. Com. at supra. See also 6 & 7 Vict. c. 67, and 1 & 2 WiU. 4, c. 58, s. 8. As to costs see 7 Will. 4 and 1 Vict. c. 78, s. 24, ut supra, and .2. v. Bridgnorth {Mayor), 10 A. & E. 66. (r) 6 & 7 Vict. c. 89, s. 5, App., p. cxii. 200 Proceedings by Mandamus, written notice to the party to be affected by tbe writ ten days be- fore making tbe application, stating tbe name and description of tbe applicant, and tbe grounds of tbe application, accompanied witb a copy of tbe affidavits in support of tbe same ; where- upon tbe opposite party may show cause in the first instance, and if no sufficient cause be shown tbe Court may, if they think fit, make tbe rule for tbe mandamus absolute, or grant a peremptory mandamus in tbe first instance («). It has been held that neither a burgess {b) nor a coroner (c) holds a corporate office within the meaning of this section, which applies only to tbe governing officers of a corporation. A writ of error may be brought upon a judgment in man- damus (d), but no action or other proceeding will lie against any person for any thing done in obedience to a peremptory mandamus (e). {a) See further the Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), ss. 66, 67. (h) S. V. Milner, 5 Q. B. 589. (c) S. V. Orimshaw, 5 Dowl. & L. 249. (d) 6 & 7 Vict. c. 67, s. 2. (e) Id. s. 3. As to the payment out of the borough fund of the costs of a mandamus, see Chap. XXVIL CHAPTER XXIX. Of Froceedings by Quo Warranto. A writ of quo loarranto is in the nature of a writ of right for the Crown, against any one who claims or usurps any office, franchise, or liberty, to inquire by what warrant, or authority, he supports his claim, in order to determine the right (/). The writ being a prerogative writ, and the proceedings thereon being attended with considerable delay, in order to render the remedy more speedy and available in the decision of corporation disputes between party and party, without any intervention of the prerogative, it was enacted by the 9 Anne, c. 20 [g), that an information, in the nature of a quo warranto, might be brought with leave of the Court, at the rela- tion of any person desiring to prosecute the same, who is then styled the relator, against any person usurping, intruding iuto, or unlawfully holding any franchise or office in any borough corporate ; and the statute provided for the speedy determina- tion of the information, and directed that if the defendant be convicted, judgment of ouster, as well as fine, might be given against him, and that the relator should pay or receive costs according to the event of the suit {h). In the case of a mayor, alderman, councillor, or burgess, the application must be made within twelve months after the elec- tion, or iiie disqualification, of the person against whom the application is made (i). But even though the application be made within the limited period, the Court wUl not grant it as a (J) 3 Bl. Com. 262. Q) App., Part II., p. cclxT. (A) See 3B1. Com. 264. (i) 7 Will. 4 & 1 Vict. c. IS, a. 23, App., p. Ixxxiv. See also 6 & 7 Vict, e. 89, s. 1, App., p. ex. 202 Proceedings by Quo Warranto. matter of right, if it appears there has been an unreasonable delay in making the application. Thus, where a person was enrolled a burgess in November, and an application for a quo warranto was made on the last day of the following Hilary Term, the Court refused a rule, as no explanation was given of the delay (a). Where the disqualification is a continuous one, as where a party becomes disquaUfied.(J) by reason of his entering into a continuing contract with the corporation, the provisions of the statute do not apply (c). By a rule of Court, leave will not be given to file an information in the nature of a quo warranto, unless, at the time of moving, an affidavit be produced, by which some person shall depose on oath that such motion is made at his instance, as relator (d). It has been held to be a sufficient compliance with the terms of this rule, if the deponent swears, that he had directed an application to be made to the Court for a quo warranto, and that the motion would be made at the instance of the deponent as relator («) ; but it will not be sufficient to state that it is the deponent's intention to become the rela- tor (/). It is not necessary that the relator should be a burgess ; it will be sufficient if he is an inhabitant of the borough, and sub- ject to the control and government of the corporation {g). But the Court will require that the affidavit should show that the proposed relator is either a burgess or subject to such control (A). And it seems if he is not a member of the corporation, the Court will require a stronger case to be made out before they will give leave to file the information {€). (a) B. V. Jffodson, 4 Q. B. 648. See also E. v. Preece, 5 Q. B. 94 ; £. v. Sindmarch, L. E. 3 Q. B. 12. (S) Under sec. 28 of 5 & 6 Will. 4, c. 76. (c) jB. v. Francis, 18 Q. B. 526 ; L. J. Q. B. 304. (d) Reg. Geu. Q. B. M. T. 3 Vict. 1839, 11 A. & E. 2. (e) M. V. Anderson, 2 Q. B. 140. (/) R. \. Sedges, 11 A. & E. 163. {g) See S.. v. Sodge, 2 B. & A. 344 ; B. v. Barry, 6 A. & E. 848 ; 5. .. qiaayle, 11 A. &E. 508. (A) B. V. TUrVwall, 33 L. J. Q. B. 171. (0 See B. V. Kem-p, 1 T. R. 3, «. j B. v. Ogden, 10 B. & C. 210. Proceedings by Quo Warranto. 203 Wlien the application is made by individuals, and not by the corporation, or their representative the mayor, the Court will exercise a large discretion in granting a rule for an information, with reference to all the circumstances of the case, and particu- larly as to the promptness of the apphcation, and the conduct and even the motives of the relator (&). In no case will the Court grant an information unless it is made clearly to appear that the office is full de facto. It wUl not be sufficient to state merely that the party "has accepted the office ;" but it must be shovra in what manner he has done so ; as that he has made the requisite declara- tion (I) ; or that he has acted in a corporate capacity (m), or the like. StUl less would it seem to be a ground for such an informa- tion, that a party has merely claimed to be a burgess (ra) ; or even that he has allowed his name to remain on the roll after notice of objection to his qualification (o). "Where an office is held during pleasure {e.g., that of clerk to the justices) (p) a quo warranto will not be granted (j). As a general rule the title of the electors is not allowed to 36 questioned in a quo warranto impeaching the title of the ^erson elected ; though perhaps an exception may be made to ;his rule in a ease where there is no other method of question- ing the title of the electors (r). A qua warranto may be granted for an usurpation of an offiee even after the resignation of it ; for the resignation is no (i) See S. V. Marten, 4, Burr. 2120; JJ. v. Stacey, 1 T. E. 3; -S. v. Trevenen, 2 B. & A. 482 ; JJ. v. Slythe, 6 B. & C. 242 ; 5. v. Farry, 6 A. & E. 810; a. V. St. Mary, Lambeth, 8 A. & E. 356; It. v. eheene,2Q,. B.460; B.v. W-'arrf, L. E. 8 Q.B. 210; -S. v. Cousens, Id.2W. (T) Under 5 & 6 Will. 4, c. 76, s. 50. See M. v. Slatter, 11 A. &E. 505. See also S. v. Tate, 4 East, 357. (m) See -ffi. v. Quayle, 11 A. &E. 508; B.v. Leeds (Mayor), Id. 512. (») S. V. WTiitwell, 5 T. E. 85. See also E. t. Fepper, 7 A. & E. 745. (o) ne Armstrong, 25 L. J ; Q. B. 238. Ip) Under 5 & 6 Will. 4, e. 76, s. 102. (q) R. T. Fox, 8 E. & B. 939 ; 27 L. J. Q. B. 151. (r) F. T. Tugwell, L. R; 3 Q. B. 704; and see F. v. Main, 3 T. E. 396; F. V. Harrald, 7 Q. B. 361; Synmers v. Feg., Cowp. 489, 507; F. v. Hughes, 4 B. & C. 368. 204 Proceedings by Quo Warranto. answer, though it may regulate the decision of the Court in im- posing the fine (a). One ground upon which the Court frequently refuses to grant a rule for the information is, that the relator has acquiesced or concurred in the election of the party against whom the applica- tion is made (i) ; as, e.g., by administering the declaration to an officer (c) ; but it is no objection that the relator has frequently acted with the party in corporation business, it not appearing that he had actually concurred in the election {d); and even where a party is disqualified from being relator by reason of such concurrence, he may nevertheless make an affidavit in support of the application («). In some cases where collusion is suspected the Court will order the relator to give security for costs (/). The Court will not grant leave to file an information against an individual member of a corporation where the object of the application is obviously to caU in question the validity of the charter to the corporation {g). Though leave will not be refused merely because the granting it may, or even will, dis- solve the corporation [h). The proceedings in quo warranto may be carried on in the same manner as in the case of a mandamus, by giving notice to the party complained against, who may show cause in the first instance (i). (a) M. V. Wa/rlow, 2 M. & S. 75. See also R. v. Fayne, 2 Chit. R. 367 ; E. V. Morton, 4 Q. B. 146. (J) See Tancred on Quo Warranto, 37, 38. (c) Under 5 & 6 WiU. 4, e. 76, s. 50 ; R. v. Greene, 4 Q. B. 696. {d) S. V. Benney, 1 B. & Ad. 684. (e) M. V. JBrame, 4 A. & E. 664. (jf) M. V. Wakelin, 1 B. & Ad. 50. See also R. v. Greene, ut supra ; B. T. BUzard, L. E. 3 Q. B. 55. ((?) a. V. Taylor, 11 A. & E. 954. {h) B. V. White, 5 A. & E. 613. See also per Cur. in M. v. Parry, 6 A. & E. 820. (i) Under 6 & 7 Vict. c. 89, s. 5. See the last chapter. THE PEAOTICE MUNICIPAL ELECTION. In this chapter it is intended to give a description of the various proceedings necessary under the existing law for the conduct of a contested municipal election. Preliminary Notice. The Municipal Elections Act, 1875, sect. 1, requires the town clerk, nine days (k), at least (l), before the day fixed for any election of councillors, auditors, or assessors, to publish a notice in the prescribed form, or to the like effect, which notice is directed to be placed on the door of the town hall and in some conspicuous parts of the borough or ward for which the election is to be held. For form of notice, see App., p. ccxcvi. Nomination Papers. At the time of the publication of the above notice, the town clerk must be provided with a sufficient number of nomination (A) In the case of an extraordinary vacancy in the office of councillor, auditor, or assessor in any borough, whether divided into wards or not, the election is to take place not later than fourteen days after notice has been given to the mayor, or town clerk, and the day for holding the election is to be fixed by the mayor, id. s. 9, and 16 & 17 Vict. c. 79, s. 11. (Z) This means clear days (Seg. v. Middlesex JJ., 14 L. J. M. C. 139. £eff. v. Aberdwre Canal Company, 19 L. J., Q. B. 251) ; and by see. 11 of the same Act, Sundays, Christmas Day, Good Friday, and days set apart for public holidays, fasts, or thanksgivings, are to be excluded in reckoning time. 206 Notice to the Candidates. papers to supply any enrolled burgess with as many as may be required. Nomination papers are required to be signed by two enrolled burgesses, as proposer and seconder, and by eight other registered burgesses as assenting to the nomination (a). For form of nomination paper see App., p. ccxovii. The town clerk is under no obligation to supply nomination papers to any persons other than enrolled burgesses, that is, persons entitled to vote in the election for which the papers are required. He is, however, required upon the request of any enrolled burgess, to fill up a nomination paper in due form (i). Nomination papers are required to be delivered to the town clerk by the candidate himself, or his proposer or seconder, seven days at least (c) before the day of the election, and before five o'clock in the afternoon of the last day on which they may be delivered (d). If any candidate nominated be absent from the United King- dom, his nomination wUl be void unless at the time of nomina- tion his written consent, given before two witnesses within one month of the day of his nomination, is produced («). Any person who forges, or fraudulently defaces any nomina- tion paper, or delivers to the town clerk any nomination paper, knowing the same to be forged, is guilty of a misdemeanor and will he liable to a term of imprisonment (/). It wUl be the duty of the town clerk to proceed against any person so offending. The delivery of the nomination paper by the candidate, or his proposer or seconder, will he some guarantee of its genuineness. Notice to the Candidates. Immediately upon the receipt of a nomination paper the town clerk is required to send notice of such nomination to the person nominated {g). (a) 38 & 39 Vict., c. 40, s. 1, App., p. ccxciii. (J) Id. s. 1, sub-sec. 2, App., p. ccxciii. (e) See note {k) p. 205. (d) Id. B. 1, sub-sec. 3, App., p. ccxciii. (e) Id. s. 2, App., p. ccxciv. (/) Sec. 3 of the Ballot Act, 1872, applied by 38 and 39 Vict., c. 40, sec. 1, sub-sec. 4, App., p. ccxciv. (y) 38 & 39 Vict. c. 40, s. 1, sub-sec. 3, App., p. ccxciii. Notice to the Candidates. 207 It seems desirable, in order that persons nominated may, if they so wish, withdraw from candidature, to state shortly in this notice the steps to be taken for that purpose. As the time during which candidates may withdraw is so very short it is desirable, whenever practicable, that this notice should be delivered personally. At all events, the town clerk should use the most speedy means of bringing to the notice of the can- didate the fact of his nomination. The following form may be used : — Borough of N". Election of councillors for ward in the said borough [or the said borough.] To Mr. . In pursuance of the Municipal Elections Act, 1875, I hereby give you notice that you have been nominated as a candidate at the election of councillors for ward in the borough of N. [or the said borough] to beheld on day the ■ day of 187 — . If you do not desire your name to remain as a candidate you may with- draw from your candidature by filling in and signing the annexed form and delivering the same to me at the Municipal Offices, 2f., not later than two o'clock in the afternoon on the day of . And I do hereby give you farther notice that the mayor will attend at the town hall, on afternoon, the day of , between the hours of two and four o'clock, and will decide on the validity of objections made to nomination papers. You are entitled to attend such proceedings and to appoint under your hand one other person for the same purpose, and during the time appointed for the attendance of the mayor, you, and the person to be appointed as aforesaid, have respectively, power to object to the nomination of every person nominated at the said election. The appointment of the person to object on your behalf to nominations, may be in the form enclosed, and must be delivered to me before five o'clock in the afternoon on the day of . Dated this day of 18 Municipal Offices. if. A.£. Town Clerk of the said Borough. Notice of Withdrawal. The notice of withdrawal to be effectual must be signed by the candidate, and must be delivered to the town clerk not later than two o'clock ia the afternoon of the day next after the last day on which nominations may be delivered (7i) (A) 38 & 39 Viet. t. 40, s. 7, App., p. ccxcv. l2 208 Objections to Nomination papers — hnw disposed of. Notices of withdrawal are to take effect in the order in in which they are delivered (a). It is provided, however, that no notice shall have effect so as to reduce the number of candidates below the number of vacancies to be filled (a). Care should therefore be taken to endorse on each notice of withdrawal, the exact time at which it was received by the town clerk. The following form of withdrawal may be used : — To the Town Clerk of the Borough of N. Election of councillors for ward in the horough of N. [o»* the said horough] to he held on the day of 18—. I herehy give you notice that I withdraw my name from candidature at the said election. Witness my hand this day of , 18 — . Objections to Nomination papers — how disposed of. . On the day ■ next after the last day for the receipt of nomi- nation papers, between the hours of two and four in the afternoon, the mayor is to attend at the town hall and decide on the validity of every objection duly made to a nomination paper. The candidate and one person appointed by him or on his behalf as hereafter mentioned may appear before the mayor and object to the nomination papers of every person nominated. The mayor has power to exclude every other person during these proceedings. The candidate by virtue of his nomination has an absolute right to be admitted to these proceedings. This is not so with his agent, who to be entitled to attend must be appointed in writing for the purpose under the hand of the candidate, or in case of his absence from the United Kingdom, under the hand of his proposer or seconder. The appointment must be delivered to the town clerk before five o'clock in the afternoon of the last day on which nominations may be de- livered. In practice no doubt it wUl be found expedient to deliver this appointment at the same time as the nomination. The person appointed need not be a person entitled to vote in the election. It may be the proposer or seconder or one of the (o) 38 & 39 Vict. c. 40, a. 7, App., p. ccxcv. Objections to Nomination Papers — Jioiv disposed of. 209 persons assenting to the nomination, or any other person the candidate may think fit to appoint (b). The following form may he used in the appointment of per- sons to attend these proceedings : — To the Town Clerk of the Borough of Election of councillors for ward in the said borough (of the said borough) to be held on the day of- —18 . I having been nominated as a candidate at the said election do hereby in exercise of the powers contained in sec. 1, of the Act 38 & 39 Vict. u. 40, appoint to object on my behalf to nomination papers of persons nominated at the said election. Witness my hand this day of 18 . The mayor's duty appears to he merely to decide on ohjec- tions which may he actually made to nomination papers, such objections being made in writing, and he has no jurisdiction over ohjections otherwise made or over objections which may exist but to which his attention is not duly called by some qualified objector. TJie decision of the mayor on objections to nomination papers, whether he allows or disallows the same, must be given in writing. It seems advisable, in order to connect the decision with the nomination paper to which it relates, that it should be endorsed on the back thereof together with a memorandum of the objection and of the person by whom such objection was raised. If the mayor disallows any objection to a nomination paper his decision is final. If he allows the objection, however, his decision is subject to reversal on petition questioning the election or return (b). Although it wiU be necessary for the mayor to continue his sitting until the two hours fixed for this purpose have expired he would be justified in refusing to re-open the consideration of an objection after having once given his decision thereon. The case may arise in consequence of the mayor's decision on objections to nominations that the number of candidates, ex- cluding those who have given notice of withdrawal, may be less than the. number of vacancies to be filled up. It is suggested that in such a case the last withdrawal would be inefiectualj and the candidate, notwithstanding such with- (i) 38 & 39 Vict. c. 40, s. 1, sub- sec. 3, App., p. ccxciii. 210 Notice of Candidates duly Nominated. drawal, unless Jbis nomination slaould be rejected by the mayor on objection made, must be considered a duly qualified can- didate. The notices of withdrawal cannot, therefore, come into oper- ation until the mayor has finally decided on objections to nominations (a). Notice of Candidates duly Nominated. After the mayor has decided on objections to nomination papers, and it is ascertained what persons remain duly nomi- nated, the town clerk is required to cause the surnames and other names of all such persons, with their respective places of abode and descriptions, and the names only of their respective proposers and seconders (but not the names of the other sub- scribers of the nomination papers), to be printed and published in the same way as before mentioned with respect to the notice of the election (ft). This notice must be given at least four days before the day of election. There is no advantage to be obtained from delaying the publication nntU the last day on which the same may be legally pubhshed. It seems advisable on all grounds to publish this notice with as little delay as practicable. The names of the candidates should be arranged in the order in which they will appear on the ballot paper (6). (a) 38 & 39 Vict. c. 40, s. 7, App., p. ccxcv. (b) 38 & 39 Vict. c. 40, s. 1, sub-sect. 3, App., p. ccxciii. The Ballot Papers, The following form may be used : — 211 Sorough of— to Wit. Notice IS hereby given that the following persons respectively have been duly nominated for the office of councillor of the said borough at elections <'f ;- councillors for each of the several wards of the said borough [or an election of councillors for the said borough] to be held on the day of 18—, that is to say :— Surname. For B. ward For same ward For same ward For C. ward For same ward &c. &c. Other Names. Abode. Descrip- tion. Proposer, Seconder. Dated this — Municipal Offices, N. - day of - ■18—. A.B. Tovm Cleric. The Ballot Papers. Immediately after the mayor has decided on objections to nomination papers, and it is ascertained that an election must be held, the preparation of the baUot papers should have attention. The Ballot Act, 1872, Kule 22, provides as follows :— Every ballot paper shall contain a list of the candidates described as in their respective nomination papers, and arranged alphabetically in the order of their sm^names, and (if there are two or more candidates with the same surname) of their other names ; and it shall be ia the form set forth in the second schedule to this Act, or as near thereto as circumstances admit, and shaU be capable of being folded up. Section 6 of the Municipal Elections Act, 1875, directs that at any election of auditors and assessors one ballot paper only 212 The Ballot Papers. shall be used, and that in such ballot paper the names of the candidates for the respective offices shall be separate, and dis- tinguished so as to show the office for which they are respec- tively candidates. The forms of the ballot papers will be found at App., p. ccxcviu. Nothing is to be printed on the ballot paper except in accor- dance with the said rule. The surname of each candidate, and if there are two or more candidates of the same surname also the other names of such candidates are to be printed in large characters, and the names, addresses, and descriptions, and the number on the back of the ballot paper are to be printed in small characters. It is important that the space allotted on the baUot paper ioi each candidate should be so ample that the voter may have as large a space as possible in which to place the cross by which be signifies the candidate for whom he intends to vote. Where practicable an inch at least on the ballot paper should be allowed to each name. If the number of candidates should be excessive this would have to be reduced to prevent the ballot paper becoming unwieldy. It will be found convenient to bind the ballot papers in books corresponding with the number of voters allotted to vote at the respective polling stations at which they are to be used. It is left to the judgment of the mayor to provide as many ballot papers as he may think necessary for effectually taking the poll (a). Great care must be taken, however, to provide sufficient ballot papers, as an error in this respect would pro- bably jeopardise the election. No doubt the mayor would be responsible for a corrupt exercise of the discretion vested in him ; but evefi if he should by an error of judgment provide an insufficient quantity of ballot papers, and burgesses were deprived of the opportunity of recording their votes to an extent affecting the election, the election would be voidable. Each book of ballot papers should have on the outside a label' with a full description of the name of the borough, ward, and polling station at which it is to be used. {a) 38 & 39 Vict. c. 40, s. 4, App., p. ccxciv. Stamping-instrument for Official Mark. 213 Tendered Ballot Papers. Eule 27 in the first schedule to the Ballot Act, 1872, makes provision for recording the votes of persons who have been personated, and make a representation upon oath as to their identity to the presiding officer, and answer the prescribed questions (b). In such cases the voters -are not to mark an ordinary ballot paper, but the presiding officer is to supply another ballot paper called a " tendered ballot paper," and which is to be of a different colour from the ordinary ballot paper though in all other respects similar. This makes it necessary that the mayor should supply each presiding officer with a sufficient number of " tendered ballot papers." The percentage of tendered votes is very small. One tendered ballot paper for every forty ordinary ballot papers will commonly be found sufficient. It will be found convenient to bind and label the tendered ballot papers in the same manner as the ordinary ballot papers in books of proportionate size. Stamping-instrument for Official Mark. Section 2 of the Ballot Act, 1872, provides that at the time of voting the ballot paper shall be marked on both sides with an official mark. The mayor, must provide each presiding officer with an instrument for this purpose. The ballot paper must be marked with the official mark im- mediately before being delivered to the voter. Considerable difference of opinion prevails as to the most suitable instrument for this purpose. Some prefer perforation, others embossing, and others an inking stamp. Each has its advantages and disadvantages. The necessity for stamping the ballot paper on both sides causes the ink stamp to be less expeditious than the other methods, although it has this strong feature in its favour that the mark can be readily seen. Per- foration is more expeditious than the ink stamp, as the impres- sion can be made at the same time on both sides of the ballot (i) See App., p. ccxr. l3 214 Ballot Boxes. paper. The perforating machine is, however, liable to get out of order. The ballot papers may be embossed with an ordinary lever press. To stamp the ballot paper both back and front a one operation it is only necessary to fold the paper in two. These presses are not so liable to get out of order as the perforating machines. An interval of seven years is required to intervene between the use of the same official mark at elections in any borough. An alteration may be made in both the perforating machine and the embossing press with little expense. It is desirable to choose such devices as may not be easily forged. Seal. Each presiding officer must be furnished with a seal to enable him to seal the ballot boxes and documents required to be sealed by him. The seal may conveniently bear the name of the borough or ward, and the number or other description of the polling station. It is not necessary to observe any secrecy as to the seal, there- fore the same seal will serve for all times. Ballot Boxes. Kule 23 of the first schedule to the BaUot Act, 1872, provides that the ballot box shall be so constructed that ballot papers can be introduced therein but cannot be with- drawn therefrom without the box being unlocked. The pre- siding officer is required to place his seal on the ballot box in such a manner as to prevent the same from being opened vsdthout breaking such seal, and to keep it locked and sealed during the poU. After the close of the poll the ballot box must be sealed up so as to prevent the introduction of additional baUot papers. Care must be taken to have the ballot boxes of sufficient capacity to hold the ballot papers of the voters allotted to vote at the respective polling stations where the same are to be used. The ballot boxes should be labelled in the same way as the books of ballot papers to correspond with the polling stations to which they belong. Miscellaneous Requirements. 215 Miscellaneous Requirements. To carry out a municipal election in accordance with the Ballot Act the following forms must he provided : — Declaration of inahility to read; list of votes marked by presiding officer ; tendered votes list ; ballot paper account ; envelope (a) for unused and spoilt ballot papers ; envelope for tendered ballot papers ; envelope for register and counterfoils ; envelope for tendered votes list ; list of votes marked by the presiding officer, and statement of the number of voters whose votes are so marked by the presiding officer under the heads "physical incapacity," "Jews," and "unable to read," and the declarations of inability to read. The following forms may be used : — Declaration of inability to read, see App., p. ccxxviii. The Sallof Act, 1812. Election of- (the borough of N.) on the - Polling station No. ■ ■ councillors for - ■ day of ■ • ward in the borough of N. or 18 . I%e list of Votes marked hy the Presiding Officer. Number of Voters on the Register. Name of Voter.. Reason for which Vote marked by the Presiding Officer.* Statement of the number of the voters whose votes are so marked by the presiding officer under the following heads, viz. : — Physical incapacity Jews - Unable to read ...... Total - * " Physical incapacity," " Jew," or unable to read," as the case may be. (a) These envelopes should be of sufficient paper, or other strong material. capacity, and of cloth-lined 216 Miscillaneous Requirements. The Ballot Act> 1872. Election of councillor for ward in the borough of K or (the borough of N.) on the day of 18 . Polling station, No. The Tendered Votes List. Name of Voter. Number on Register. The Ballot Act, 1872. Election of councillors for (■ N.) or (the borough of N.) on the - Polling station. No. • ward in the borough of day of 18 . The Ballot Paper Aceount. Ballot papers received, viz. : — BaUot Papers accounted for. Ordinary Ballot papers - Tendered Ballot papers VIZ. : — Ballot papers in the Ballot Box Ballot papers tendered Ballot papers unused, viz: Ordinary ... Tendered Ballot papers spoilt Totai- Total 1 (Signed) FreHding Officer. The following articles must also be provided : — Sealing wax (two sticks to every ballot box is sufficient) ; matches ; penholders and pens ; ink ; blotting paper ; pencils ; marking pencUs ; Old Testament ; New Testament. It is very important that every ballot box shonld be supplied with all these necessaries. It is recommended that a list shoold Polling Districts, Places, and Stations. 217 be made of requisites for every ballot box, and each article noted as it is put in the box. The omission of any of the above requisites may bauae serious delay. It will be necessary to provide a sufficient number of pencils for the use of the voters in the marking compartment. The pencils should be strong, and should be sharpened at both ends. The presiding officer should have an extra supply of marking pencils in case any are taken away from the compartments. Polling Districts, Polling Plates and Polling Stations. Town councils may divide their boroughs or any ward or wards therein into polling districts as they may think fit, and the overseers and the town clerk must prepare the list of burgesses in conformity with such division (a). The borough and each wardj-ointil the council has exercised the power thus conferred on them, will be a polling district. It is the duty of the mayor to provide in each district at least one poUing place, and at every polHng place a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and he must distribute the polling stations amongst those electors in such manner as he thinks most convenient. The following form of order dividing the borough or ward into polling districts may be used : — That this council do hereby in pursuance of 38 & 39 Vict. c. 40, ». 10, order that the following wards in this horough [or this borough] be and the same are [or is] accordingly hereby divided for the purposes of the said Act and of the 5 & 6 Will."4, c. 76, and 35 & 36 Vict, c 33, into the poll- ing districts follomng, that is to say, One polling district [here set out the boundaries of the proposed district] to be called " The Polling District of ." [And so on describing each polling district in the like way.] And that the town clerk do give public notice of the division of the said wards l_or borough] as aforesaid into such poUing district. Construction of Polling Stations. Eule 17 in the schedule to the Ballot Act, 1872, provides that a separate room or separate booth (that is, a separate polling (a) 88 & 39 Vict. c. 40, s. 10, App., p. ccxcv. 218 Construction of Polling Stations, place), may contain a separate poUing station, or several polling stations may be constructed in the same room or booth. The question of concentrating a number of polling stations in one polling place or room, is of some importance, and so far as it enables the returning officer to have more complete supervision of the arrangements seems desirable if it does not inconvenience the voters. If this arrangement should however cause a large number of persons to collect near the polling, place, the inconvenience of the voters may overweigh the advantages. Such buildings or rooms should be selected as polling places as have a separate entrance and exit, so that voters shall pro- ceed constantly in one direction. The room should be on a level with the street. Steps either up or down stairs are very objectionable. If arrangements are made for erecting in one room several polling stations, each polling station should be entirely separate from the other. Each station should, so far as practicable, be arranged so that the proceedings in one polling station may not be overheard in the other. The screen between the stations should not be of less height than eight feet. It is necessary for the convenience of the voters and officers engaged in taking the poll, and for the proper conduct of the elections, that the station should not be less than twelve feet square. The polling station should, if possible, be provided with separate doors for the admission and exit of the voters. Each polling station requires a table and a number of seats sufficient to accomiAodate the presiding officer and his clerk, and the agents of the candidates, if any are appointed. The table should be provided with a drawer for the safe keeping of the documents • and things in the custody of the presiding officer. The table should be placed at one end of the polling station, and the presiding officer should be seated behind it, facing the entrance. The clerk should sit next to the presiding officer, and the agents on either side of them. There should be a drop bar to separate the officers and agents from the voters. This arrangement will prevent the agents getting in front of the Construction of Marking Compartments. 219 table or near the marking compartments. The presiding officer ■will insist on the agents remaining in the places appointed for them. The ballot box should be placed in the centre of the table. The marking compartments should be placed agaiust the side of the polling station, opposite to the presiding officer, so that he may see at a glance that the provisions of the Ballot Act are not infringed. In order to screen more effec- tually the marking compartments from the observation of persons passing in and out of the polling station, scantling of a sufficient height may be placed along side the marking compartments. Marking Compartments. The mayor is to furnish every polling station with such number of marking compartments as he considers may be necessary for taking the poU (a). The number of voters allowed by the Ballot Act, namely, 150, Eule 16, for which a separate compartment must be pro- vided, has in practice proved to have been well considered. It wiU not be found advisable, except in special circumstances, to assign more than 150 voters to a single marking compart- ment at a strongly contested election. As to the Construction of Marking Compartments. The marking compartments should be constructed of such width as to be capable of accommodating the voters. For this purpose a vridth of thirty inches will be found sufficient. It should be at least seven feet in height, and constructed so as to fold up, with a lid or desk at the back, at a convenient height from the ground. The voter may be effectually screened whilst marking his vote, by placing a curtain in the front of a marking compartment thus constructed. There does not, however, appear any neces- sity for this, if care is taken to have the marking compartments of the width mentioned, as in that case the body of the voter will act as a complete screen. {a) 38 & 39 Vict. c. 40, s. 4, App., p. ccxciv. 220 Presiding Officers and Clerks. Directions for the Guidance of Voters. The second schedule to the Ballot Act, 1872, prescribes the form for the guidance of voters in voting, and directs that the same shall be printed in conspicuous characters and placarded outside every polling station, and in every marking compart- ment of every polling station. Form of directions for the guidance of the voter, see App., p. ccxxvii. Care should be taken that in selecting illustrations of the form of a ballot paper the surnames of persons who are candi- dates at the election are not used. In some cases the voters might be misled thereby. Returning Officers. In boroughs not divided into wards, the mayor is the returning officer. In boroughs divided into wards, the respective aldermen appointed by the council, are the returning officers for the several wards. Presiding Officers and Clerks. The mayor must appoint a presiding officer to preside at each polling station and aU such officers as may be necessary for effectually conducting the election. It will be found necessary, in addition to the presiding officer, to appoint a clerk at each poUing station to act under his directions. In the selection of persons to perform the onerous duties to be carried out by these officers great care should be taken, as the proper conduct of the election must in a great measure depend upon their discretion and ability. Presiding officers should be thoroughly conversant with the duties they have to perform, so as to be prepared for any emergency which may arise during the course of the day at their respective polling stations. In practice it will be found best to secure the services of solicitors as presiding officers. The directions for the guidance of presiding officers and clerks detail the whole of the duties of these officers, and contain directions as to every probable contingency upon which the presiding officer is likely to require guidance. For form of these directions see p. 227. Agents of Candidates, 221 Agents of Candidates. Section 20 of the Ballot Act, 1872, provides that nothing in the Act shall be deemed to authorize the appointment of any agents of a candidate in a municipal election, but if in the case of a municipal election any agent of a candidate is appointed, and a notice in writing of such appointment is given to the returning officer, the following provisions of the Act with respect to agents of candidates shall apply : — Eule 31. — The candidates may respectively appoint agents to attend the counting of the votes. Eule 52. — The name and address of every agent of a candi- date appointed to attend the counting of the votes shall he transmitted to the returning oiEcer one clear day at least before the opening of the poll, and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been so transmitted, notwith- standing that his appointment may be otherwise valid. Eule 63. — If any person appointed an agent by a candidate for the purpose of attending at the polling station or at the counting of the votes, dies or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed. It will be seen from the above provisions of the Act that, although the manner in which agents to attend the count- ing of the votes are to be appointed, is prescribed, there is no direction as to the appointment of agents to attend the poll- ing stations. It is only by inference it can be assumed the Act authorizes the appointment of agents for this purpose. The 20th section of the Act above referred to, as far as its meaning can be ascertained, must be construed to treat the agents of candidates who have been appointed, by notice in writing given to the returning officer in all respects the same as agents duly appointed at a parliamentary election. Agents to attend at the polling stations should be appointed by notice in writing, and notice of such appointment should be 5J22 Agents of Candidates. given to the returning oflScer one whole day before the opening of the poll, as required by Rule 52. It will be a matter of convenience to the returning officer, if the names of the agents are transmitted to him on a form to be provided by the returning officer, which should state the names of the agents appointed, and the particular polling stations to which each such agent is allotted, and the names of agents who will attend the counting of the votes. The subsequent pro- ceedings of the returning officer will be materially assisted by his sendiug this form to each candidate. It may be delivered with the notice to the candidate of his nomination. The Act does not limit the number of persons candidates may appoint either to attend at the polling stations or at the counting of the votes. The number, however, should not be unreasonable, and the returning officer would be justified in refusing admission to an excessive number of agents. Eule 32. — The returning officer shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time and place at which he vtUI begin to count the same. The following forms may be used for this purpose : — Borongh of Election of coimcillors for, ward in the said borongh) (or the said borough). To Mr. I, the undersigned, the returning officer at the election of coun- tailors for ward in the borough of (or the borough of ) to be held on the day of 18 , do hereby give you no- tice that I shall proceed to count the votes recorded at the said election at o'clock in the afternoon of the day of election at That if you intend to be present at the counting of the votes you must attend at the at o'clock to make the declaration of secrecy required by the BaUot Act, 1872. Dated this day of 18 . Municipal Offices. Alderman (or Mayor) Eeturning Officer. Borough of Election of councillors for ward in the said borough (or the said borough) to he held on the day of 18 . To On behalf of the returning officer at the said election I hereby give you notice that if it is your intention to appoint persons to act as your agents at the polling stations at the said election you must notify to me the Agents of Candidates. 223 appointment of such persons and the stations at which they are to act not later than o'clock in the evening of the day of Tou must also state whether any of the same persons are appointed to attend as your agents at the counting of the votes and if not you must state the names of the persons who are so appointed. You may appoint one per- son to act as your agent at each polling station in the ward (or borough) and not more than persons to attend at the counting of the votes. That if the information now requested is not forthcoming at the time before mentioned the appointments cannot be confirmed. That the persons appointed must attend at on evening next at o'clock to make the declaration of secrecy required by the Ballot Act, 1872. Dated this Town Clerk. - day of - A Form is enclosed which if you please you may fill up and return to me addressed to the returning officer at the said election. Borough of- To the returning officer at the election of councillors for ward in the said borough (or the said borough) to be held on the day of 18 . I having been duly nominated as a candidate at the said ejection do hereby appoint the following persons to act as my agents at the polling stations at the said election, namely : — Polling Station No. 1. No. 2. No. 3. No. 4. No. 5. And so on. I do also appoint the following persons to attend at the counting of the votes, namely ; — r 1 2 3 4 5 6 7 8 9 10 11 12 According to the number in each case limited. Witness my hand this ■ • day of - 18 The mayor must at least four days before the day of election give such public notice as may be required by law of the situa- tion, division, and allotment of poUing places for taking the 224 Declaration of Secrecy. poll at any municipal election and of the description of voters entitled to vote thereat and at the several polling stations (a). The notice of the situation of polling stations now required to be given is regulated [hj 5 & 6 WiU. 4, c. 76, s. 33, which provides that the mayor shall cause to be affixed on the most conspicuous part of each booth the names of the parts of the borough for which such booth is allotted, and no person shall be admitted to vote at any such election except at the booth allotted for the part wherein the qualifying property is situate. It is also provided by the same section that no municipal election shall be holden in any borough, in any church, chapel, or other place of public worship. It is desirable that this notice should be published as early as possible after it has been ascertained that an election must be held, in order that the electors may have an opportunity of becoming well acquainted with the situation of the polling places and polling stations. The Declaration of Secrecy. Rule 54, in the first schedule to the Ballot Act, 1872, provides that every returning officer, and every officer, clerk, or agent authorized to attend at a polling station or at the counting of the votes, shall before the opening of the poll make a statutory declaration of secrecy in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace, or of the returning officer. For form, see App., p. ccxxviii. The names of the agents appointed by the candidates to attend the polling stations, and at the counting of the votes, having been ascertained, and the officers and clerks having been selected, the mayor will appoint some day and hour for taking the declarations of these persons. It will be found advisable to appoint the evening of the day before the day of election to take the declarations. The forms of declarations should be filled in so far as prac- ticable so that the proceedings may not be delayed. The mayor is the best person to take these declarations. (a) 38 & 39 Yict. c. 40, s. 4, App., p. ccxciv. Declaration of Secrecy. 225 He must, however, if he is the returning officer, himself make a declaration before another justice of the peace. In the case of a borough divided into wards the mayor, town clerk, and other officers, not acting at the polling stations, but whose duties piay call them there during the day of election, or at the counting of the votes, should make this declaration as to each ward. It seems desirable that candidates, and other persons who enter the polling stations, or who intend to be present at the counting of the votes, should make the declaration of secrecy before the commencement of the poll. The returning officer or presiding officer has, however, no power to exclude a candidate from any polling place or from the counting, though he has not made the declaration of secrecy (a). The presiding officers and clerks appointed to attend the poll and at the counting of the votes should be formally appointed by the mayor, and such appointment should describe the par- ticular polling station at which the officer is to act. Each presiding officer and clerk when they have made the declaration should be given his appointment and a copy of the directions for the guidance of presiding officers and clerks. The presiding officers should be furnished with the keys of the respective ballot boxes. The following form of appointment may be used : — Borough of iV. Election of conncillors for ward in the horough of N. [or for the borough of if.] to be held on the day of • 18 . By virtue of the authority contained in the 35 & 36 Vict. c. 33, and 38 & 39 Vict. c. 40, and of any law in this behalf enabKng me ■ I ■— mayor of the borough of N. do hereby appoint Mr. , presiding ofScer at the said election to preside at poUing station No. situate . Given under my hand this day of 18 . The agents, if any are appointed, should after they have made the declaration of secrecy be furnished by the mayor with a card showing the appointment and stating the polling station where they are to act. All other persons having made the declaration of secrecy should be furnished with cards authorizing them to attend at the polling stations, or at the counting of the votes, as the case may be. (o) See ClemenUon v. Maim, 10 L. B. C. P. 209 ; 32 L. T. (n. s.) 325. 226 The Foil. The 4th eection of the Ballot Act, 1872, must be read to each declarant before taking the declaration of secrecy. As the section is of considerable length it will be found advantageous to read the section to as large a number of persons as possible at the same time, but care must be taken that every person who takes the declaration has heard the section read. In boroughs divided into wards the aldermen of the respective wards who are returning officers must before the commencement of the election make the declaration of secrecy before a justice of the peace. The Poll. The mayor should make arrangements for the ballot boxes being taken to the polling stations before a quarter to nine on the morning of the election. The ballot boxes should be locked and left in charge of the constables at the respective stations, who should be instructed to be at their posts not later than half-past eight. If it is not found convenient for the mayor to send the boxes to the polling stations each presiding officer should call at the tovra clerk's office for his baUot box on the morning of the election. It seems very undesirable to allow the presiding officer to have the custody of the ballot box and its contents on the evening previous to the election. By the 5 & 6 Will. 4, c. 76, s. 32, the poll at every election of councillors is to commence at nine o'clock in the forenoon, and finally close at four o'clock in the afternoon of the same day. The 7 Will. 4, and 1 Vict. c. 78, s. 18, pro- vides that the poll may be closed at any time before four o'clock if one hour shall elapse without a vote having been tendered. There may be cases in which it is practicable to take advan- tage of these provisions. It seems almost impossible, however, to do so if the polling places are numerous or widely apart unless instantaneous communication is established between them. The presiding officer should be at his polling station at least a quarter of an hour before the time fixed for the commence- ment of the poll. Directions for Presiding Officms and Clerks. 227 He should see that no persons come into the polling station beside the clerks, the candidates, and their agents. He should require each agent to produce his authority to be present at the polling station, and should see that the person is the person appointed, and not a substitute. The agents should be accommodated at the table, and should be required to take their positions behind the barrier separating the voters from the officer's table. The presiding officer should see that the agents do not inter- fere with, or talk to, the voters, and should take care that the provisions of sections 3 and 4 of the Ballot Act are not infringed by any person in his polling station. The following form con- tains as far as can be foreseen instructions to the presiding officer how to act in any emergency or difficulty that may arise during the poll. Presiding officers should make themselves thoroughly acquainted with their duties, and in the event of any questions arising upon which there is any doubt should immediately refer to their instructions. The town clerk or his deputy should be in attendance at some defined place during the election in order to advise on any difficulty that may arise. Directions for the guidance of Presiding Officers and Clerks. Before the commencement of the poll the presiding officer should examine the contents of the ballot box and see that all the necessaries are there, and in case of any deficiency he should at once communicate with the returning officer. The poll will open at nine o'clock. There vdU be one presiding officer and one clerk at each polHng station. Immediately before the commencement of the poll the pre- siding officer wiU show the ballot box empty to such persons as may be present. He will then lock the box and seal it so as to prevent its being opened without breaking the seal, and shall keep it so locked and sealed and in his view. On a voter applying for a ballot paper the presiding officer will ask him his name and will then refer to the register for 228 ~ Directions for Fresidmg ujficers ana uwtks. such name, and on finding it, call the number, name, and description of the voter, as therein stated. The clerk will then — 1. Mark the number of the voter on the counterfoil of the ballot paper in the square immediately below the printed number [a). 2. Fold [b] the ballot paper and tear it from the counterfoil. 3. Stamp the ballot paper so folded near the centre. 4. Deliver it to the voter. The presiding officer will then place against the voter's number on the register a tick or mark to denote that he has received a ballot paper. The presiding officer may, and if required so to do by any two burgesses entitled to vote in the election, must put to any person applying for a ballot paper, at the time of his so apply- ing, and not afterwards, the following questions, or either of them, and no others. 1. Are you the person whose name appears as A. B. on the burgess roll now in force for this borough, being regis- tered therein as rated for property described to be situated in . (sjMcifying the street, de., as described in the register) ? 2. Have you already voted at the present election ? And no person required to answer the said questions or either of them, shall receive a ballot paper until he shall have answered the same. The presiding officer must not put any other questions than the above. If the voter answers the questions the presiding officer must give him a ballot paper notwithstanding anjfthing which may be said by any of the agents. In case there is any question really affecting the voter, and which may lead to ulterior proceedings, the presiding officer should make a (a) It is suggested that a square should he placed on the counterfoil of the ballot paper for this purpose as shown in the form of ballot paper, App., p. ccxcviii. By this means regularity as to the position in which the numbers are marked will be secured. (b) It would not be necessary to fold the ballot paper if certain instru- ments for marking the ofScial mark were used. Directions for Presiding Officers and Clerks. 229 memorandum of the number and name of the voter for reference. Note. — The presiding officer should ascertain from the returning officer, before the commencement of the poll, whether the agents are burgesses, so that he may determine who are entitled to join in requesting him to put the questions. He will, however, without any request, if he sees the necessity for the same, put the questions, or either of them, to the voter. If a person representing himself to be a particular elector applies for a ballot paper after another person has voted as such elector, the presiding officer will, upon the appUcant duly answering the foregoing questions and taking the oath, deliver to him one of the coloured ballot papers, called " tendered ballot papers,'' instead of an ordinary ballot paper, and the clerk will enter the name of the elector and his number on the register on " the tendered votes list." Before a tendered ballot paper is delivered to a voter it must be marked with the official mark the same as an ordinary ballot paper. The presiding officer will mark on the back of each " tendered ballot paper'' the name and number of the voter tendering the same. " Tendered ballot papers" must not be put into the ballot box, but must be set aside in the separate packet indorsed " tendered ballot papers." The following is the form of OATH To be administered (in addition to putting the foregoing questions) to persons applying for ballot papers in the names of electors after other persons have Toted as such electors. " You do swear (or ' aflSrm' if the person states that he is a Quaker or Moravian) that you are the same person whose name appears as A. B. on the burgess roll now in force for this borough, and that you have not before voted either here or elsewhere at the present election. " So help you God." If the person declines to answer the said questions or to take the oath, the presiding officer must not deliver to him a ten- dered ballot paper. If any voter applying for a ballot paper states that he is 230 Directions for Presiding Officers and CUrks. unable to read, the presiding officer will administer to such voter " the declaration of inability to read," and will, in the presence of any of the agents of the candidates who shall be present, mark the vote of such voter in the manner directed by him, and cause the ballot paper so marked to be put into the ballot box. In case the voter does not know the iiames of the can- didates for whom he wishes to vote, and presents a card upon which the names of the candidates are printed, and against certain names are placed crosses and the voters direct the pre- siding officer to mark the ballot paper in the same way, the presiding officer must act accordingly. In the event of the voter having no such card the presiding officer should read the names of the candidates commencing at the first and continuing to the last, and should at each name ask the voter if he wishes to vote for such candidate. On the application of any voter who is incapacitated by bHndness or other physical cause from marking his vote, or (if the poll be taken on a Saturday) of any voter who declares that he is of the Jewish persuasion, and objects on religious grounds to mark his vote in the manner prescribed, the presid- ing officer will mark the vote of such voter in the manner above mentioned, and cause the ballot paper so marked to be put into the ballot box. The presiding officer will not suffer any person, except the authorized clerk, the candidates, and agents, to be present in the polling station at the voting of any voter for whom he marks a ballot paper. The clerk will enter on " the list of votes marked by the presiding officer" the number on the register, and the name of each voter for whom the presiding officer marks a ballot paper, and in the third column he will state the reason why it is so marked, distinguishing them under the heads, " physical in- capacity," " Jews," and " unable to read." Should a voter inadvertently spoil his ballot paper, the pre- siding officer, on being satisfie d as to such inadvertence, wiU furnish him with another ballot paper^ and immediately cancel but not destroy such spoiled ballot paper, and will at the close of the poll seal up, with the unused ballot papers, all spoilt ballot papers. Directions for Presiding Oficers and Clerics. 231 The presiding officer will not deliver a ballot paper to any person -whose name does not appear ia the portion of the regis- ter furnished to him. The presiding officer will, on a voter presenting a ballot paper bearing the official mark on the back (except a tendered ballot paper), allow him to place such paper in the ballot box. The presiding officer will keep order in his station, and permit no one to enter except the voters, the candidates, and the authorized agents. He will not allow a greater number of voters in the station at a time than there are compartments ; he will see that the voting is not hurried or hindered in any- way ; and -will concentrate his attention particularly on observ- ing that each ballot paper, before it is put into the ballot box, bears the official mark, and on the administration of declarations of inability to read, and the marking of ballot papers which he may be req[uired to mark. He is empowered to order any constable in attendance to remove any person misconducting himself or failing to obey his lawful orders. If the offender is a voter and has not voted, he must be allowed to vote. He will see that the voters vote -without undue delay, and are not interfered with or instructed in any way by the agents or by each other, and that they quit the polling station imme- diately after voting. He may give the voters general instruc- tions as to the way in which ballot papers are marked, in case such instruction is necessary. The poll will close at four o'clock, p.m. At the close of the poll the presiding officer will close the aperture of the ballot box BO as to prevent the introduction of additional ballot papers, and will in the presence of the agents of the candidates (if any), make up into separate packets, sealed with his own seal and the seals of such agents (if any) as desire to affix their 1. The ballot box unopened, -with the key attached. 2. The unused and spoilt ballot papers (both tendered and ordinary) placed together. 3. The tendered ballot papers. m2 232 Offences at Elections. 4. The register and the counterfoils of the ballot papers, both used and unused. 5. "The tendered votes list" and "the list of votes marked by the presiding officer," together with a state- ment of the number of voters whose votes have been so marked, distinguished under the heads " physical inca- pacity," Jews, and " unable to read." The declarations of inability to read are to be inclosed in this packet. He will deliver the ballot box and such packets to the return- ing officer at [here state the place where the ballot box and documents are to be delivered] accompanied by — 6. A "ballot paper account" accounting for the number of ballot papers, under the heads — Ballot papers in ballot box. Ballot papers unused. Ballot papers spoilt. Ballot papers tendered. The presiding officer will see that all forms and documents requiring his signature are duly filled up and signed. The presiding officer may permit any of the acts which he is required or authorized to do, except ordering the removal of any person, to be done by his clerk ; but no person shall be allowed to put any ballot paper in the ballot box except in the presence of the presiding officer. Offences at Elections. The Ballot Act, 1872, sections 3 and 4, provides as follows : — Every person who — (1.) Forges or fraudulently defaces, or fraudulently destroys any nomination paper, or delivers to the returning officer (a) any nomination paper, knowing the same to be forged ; or (a) This includes "town clerk," by 38 & 39 Vict. c. 4.0, s. 1, sab-sect. 4. Offences at Elections. 233 (2.) Forges or counterfeits, or fraudulently defaces, or frau- dulently destroys any ballot paper, or the official mark on any ballot paper ; or (3.) Without due authority supplies any ballot paper to any person ; or (4.) Fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in ; or (5.) Fraudulently takes out of the polling station any ballot paper ; or (6.) Without due authority destroys, takes, opens, or other- wise interferes with any ballot box, or packet of ballot papers then in use for the purposes of the election ; shall be guilty of a misdemeanor, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. Any attempt to commit any offence specified in this section shall be punishable in the manner in which the oifenoe itself is punishable. In any indictment or other prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as well as the property in the counterfoils. 4. Every officer, clerk, and agent in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poU is closed, to any person any information as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper or yoted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when 234 Close of the Poll. marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at suCh station. Every officer, clerk, and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any infor- mation obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to imprisonment for any term not exceed- ing six months, with or without hard labour. In case any of the above provisions are violated by any person in his polling station the presiding officer should give the person offending into custody, and should immediately take steps to inform the returning officer of the fact. NoTB.^ — The stamping instrument is to be kept private, and with the seal given up to the town clerk as soon as practicable after the close of the poll. Close of the Poll. "We have hitherto confined ourselves almost exclusively to the duties of the mayor, presiding officers and clerks, and the agents of the candidates. In fact the duties of the returning officer during the poll are merely nominal, unless under special circumstances. After the close of the poll all the subsequent proceedings are to be done under the direction of the returning officers. Keturning officers should, therefore, be well informed as to their duties, powers and responsibilities. Close of the Poll. 235 Agents to attend at the Polling Stations and at the Counting of the Votes. With reference to the appointment by the candidates of agents to attend at the respective polling stations and at the counting of the votes, and the duties and powers of the returning officer in this respect, see p. 221, and sect. 20, sub-sect. 6, and rules 31, 32, 37, 51, 52, 53, in the 1st schedule to the Ballot Act, 1872. The following form of directions for the guidance of returning officers has been prepared with a view to illustrate in a concise and yet ample manner the duties of returning officers, and a system to be pursued in counting the votes. It is hardly necessary to say that the returning officer is entitled in all mat- ters of difficulty to the advice of the town clerk. Directions for the Guidance of Returning Officers. The returning officer may preside at any polling station. It is the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation or any offence mentioned in sects. 3 or 4 of the BaUot Act, 1872. At the close of the Poll The returning officer will receive from each presiding officer,— 1. The ballot box, unopened, with the key attached. 2. The unused and spoilt papers placed together. 3. The tendered ballot papers. 4. The register and the wa to wit. J the day of , 187 , at half -past nine o'clock in the forenoon (pursuant to notice) to appoint the aldermen before whom the elections of councillors by the burgesses of the said wards respectively are to be held until the next yearly appointment. The councillors now present appoint the aldermen respectively hereinafter as to each ward named before whom the elections of councillors by the bur- gesses of the said respective wards are to be held until the next yearly appointment namely, — For ward Alderman A. And so on for the remainder of the wards. It may be convenient for the sake of proof to have the record {a) Sex V. Varls, supra ; Sex v. May, 4 B. & Ad. 843. Election of Aldermen. 249 signed by tlie councillors present, but it is not necessary to the validity of the appointment. Each ward is distinct, and the decision of the councillors for their respective wards only is required. No mode of giving that decision is prescribed, and it may be by verbal resolution. •The record by the town clerk is not essential, but it is a con- venient mode of perpetuating the resolution of the meeting. Perhaps the appointment need not be made at such a meeting, but certainly it would not be prudent to make it -in any other way. A mandamus would lie to the councillors of any ward to meet and elect an alderman to fulfil this office. This is a duty pre- scribed by the statute. In the case of the illness, or incapacity to act of an alder- man, the mayor is empowered to appoint another alderman to act (b). The form of such appointment may be as follows : — Borough of N. Ward. Election of councillors for the horough of If. by the bur- gesses of ward in the said borough to be held on the day of 18 . I ■ , mayor of the said borough, in exercise of the power in that behalf vested in me by 7 Will. 4 & 1 Vict. c. 78, s. 16, do hereby appoint Mr. — • an alderman of this borough to act at the said election in the room of Mr. the alderman appointed for the above purpose by the councillors of the said ward, who is incapacitated from acting by illness. Dated this day of 18 . JUai/or. Borough of if. Ward. Election of councillors for the borough of iV. by the burgesses of ward in the said borough, to be held on the day of 18 . I , mayor of the said borough (in which said borough the number of aldermen does not exceed the number of wards), in exercise of the power (b) Or councillor where the number of aldermen does not exceed the number of wards, but no such councillor may be appointed who is a burgess of the ward : 7 Will. 4 & 1 Vict. c. 78, s. 16, and 17 Vict. c. 79, s. 10. 250 Election of Aldermen. in that behalf vested in me by 16 & 17 Viot. c. 79, s. 10, do hereby appoiut Mr. a councillor of the said borough (not being a councillor repre- senting or enrolled on the burgess list for the said ward} to jireside at the^ said election in the room of Mr. the alderman appointed for the above purpose by the councillors of the said ward, who is incapacitated from acting by illness. Dated this day of 18 . Mayor. APPENDIX. PART I. 2 & 3 "WiHC. 4, Cap. LXIX. An Act to prevent the Application of Corporate Property to the Purposes of Election of Members to serve in Parliament. [1st August, 1832.] Monies or personal property belonging to municipal oorporations not to he applied in or towards parliamentary elections; and all bonds, ^c,,foT semiring the same void.'] Whereas the property belonging to cities, towns. Cinque Ports, and boroughs corporate in the United Kingdom of Great Britain and Ireland may be wasted and dissipated by the application thereof in or towards the expenses attendant upon parliamentary elections, to the great detriment of such municipal corporations ; and it is expedient to make provision to prevent such detriment, and also to ensure the freedom of election by restraining the application of corporate property before mentioned : be it therefore enacted, &c., that from and after the passing of this Act it shall not be lawful for any municipal corporationas aforesaid, or any court guild, council, or assembly constituting or composed of the ruling or governing part or class thereof, or any corporate officer, trustee, or other person acting on behalf of such corporation or any part thereof, to pay, transfer, give, bestow, or apply any sum or sums of money, or any parlia- mentary or other stocks, funds, or securities for money, or any personal chattel belonging to or vested in the same corporation or any part thereof, or in any individual in trust for or for the benefit of such corporation, in satisfaction, compensation, or discharge of any expenses incident to or incurred or occasioned by the election of a member to serve in the Com- mons House of Parliament, or by any person offering himself as a candi- date at or previous to a parliamentary election ; and that all bonds, cove- nants, recognizances, or judgments given, executed, or suffered by any such corporation, or any part or class thereof, or by any corporate officer, trustee, or other person, in the name or on the behalf of such corporation, for the purpose of securing the payment of such expenses, shall be utterly void. II. Payments, S(c., made for the purpose of inducing any person to exert iamself in elections at a future time to be considered as within this Act.'\ And be it further enacted, that any gifts, transfers, payments, or gratuities, a ii Appendix. bonds, covenants, recognizances, or judgments, made, paid, given, executed, or suiFered by any corporation, part of a corporation, or corporate officer, or trustee, or other person as aforesaid, for the purpose of inducing or influencing any person or persons to labour in parliamentary elections at a future time, or to pay, satisfy, or incur any such expenses as afcfresaid at a future time, shall be deemed to be payments, transfers, applications, and securities forbidden and declared to be void by this Act, although the same may be ostensibly and colourably made, paid, given, executed, or suffered for any other cause or consideration. III. All dispositions of real property for the purpose of satisfying or securing any expenses hereby prohibited, to he void.'\ And be it further enacted, that all conveyances, mortgages, leases, or other assurances or dispositions of lands, tenements, or hereditaments, belonging to or vested in or held in trust for any municipal corporation, made or executed for the purpose of securing, satisfying, or compensating any expenses, (Jebts, pay- ments, or disbursements, liabilities or engagements, incurred or to be incurred by the same corporation, or anylpart or class thereof, or any member, officer, or trustee thereof, or by any other person on behalf of such cor- poration, contrary to the true intent and meaning of this Act, and all estates, charges, and incumbrances thereby created, shall be utterly void. IV. Ail votes and other proceedings contrary to this Act to he void^ And be it further enacted, that all votes, orders, or resolutions, acts, bye- laws, or other proceedings made, passed, or adopted by any municipal cor- poration, or any part or class thereof, or any member or members thereof, for the purpose of directing or authorizing, or pretending to direct or authorize any payment, matter, or thing forbidden by this Act, or for the purpose of evading the provisions hereby enacted, shall he utterly void. V. Corporate officers or others making any payment contrary to this Act to make good the amount or value so misapplied.^ And he it further enacted, tbat any corporate officer, trustee, or other person who shall make or concur in making any payment, transfer, or application of corporation money, stocks, funds, or securities, or personal chattel, as aforesaid, contrary to the true intent and meaning of this Act, shall be deemed and taken to have made the same in his own wrong, and that he shall be individually liable to repay, satisfy, and mate good t)ie amount or value thereof to the same corporation, notwithstanding any release or pre- tended indemnity which may be given to him in the name of the same corporation or any part or class thereof, or by any person or persons on behalf of such corporation. VI. Corporators empowered to bring actions or suits in the name of the corporation^ And in order to frustrate any fraudulent connivance or concealment, be it enacted, that it shall and may be lawful for any two or more freemen, burgesses, or corporators of such municipal cor- poration to commence, bring, and prosecute any action or suit at law or in equity, in the name of the same corporation, against any officer, trustee, or other person who may have made such illegal payment, transfer, or apphcation as above-mentioned, in the same manner, to all intents and purposes, as if they, their executors and administrators, were jointly and severally appointed the irrevocable attomies of such corporation for that purpose : provided nevertheless, that before the defendant In such action or 4:dS Will 4, c. 27. iii suit shall be required to plead or answer, the plaintiffs shall give reasonable security for payment of costs, in case any shall become due from them, by the event of the action or suit, in such manner as the court in which the same shall be brought may direct j such costs to be taxed as between attorney and cHent. VII. Members of corporations offending against fhw Act gnilty of a misdemeanor.'] And be it further enacted, that any member of a municipal corporation who shall authorize, direct, or command any payment, transfer, or application hereby forbidden, or who shall assent to or concur or partici- pate in any- affirmative vote, order, or proceeding relating thereto, or shall sign or seal in his individual capacity or affix the corporate seal to any deed or instrument hereby declared void, shall be guilty of a misdemeanor, and, being thereof legally convicted in His Majesty's Court of King's Bench at Westminster, shall in addition to such punishment as the court may award, be for ever disabled to take, hold, or exercise any office in the same corporation. 4 & 5 "Will. 4, Cap. XXVII. An Act for the better Administration of Justice in certain Boroughs and Franchises. [25th July, 1834.] Justices of tlie peace acting for ioroughs may commit persons for felonies triable at sessions.'] Whereas the justices of the peace acting in and for certain boroughs and franchises in that part of the United K'lg- dom called England, not being empowered by charter or otherwise to hear and determine felonies at the general sessions of the peace held in and for such boroughs and franchises, are by law required to send for trial at the general assizes for the county wherein such borough or franchise may be situated every person charged with felony, whereby the administration of justice is injuriously delayed, and the expenses to which the county in such cases is liable are grievously increased : be it therefore enacted, &c., that from and after the passing of this Act the justices of peace, and any such justice acting in and for any borough or franchise in that part of the United Kingdom called England, not being empowered by charter or otherwise to hear and determine felonies, shall and may commit every person charged with any such felony as the court of quarter sessions may have jurisdiction to try, to be tried at the general quarter sessions of the peace for the county, riding, or division wherein such borough or franchise shall be situate, or at any adjournment thereof; and the justices of the peace acting in and for such county, riding, or division are hereby empowered to try persons so com- mitted at the general quarter sessions of the peace held for such county, riding, or division, or at any adjournment thereof. II. Justices in horouglis, (Sfc, having jwisdiction at sessions over cer- tain felonies moAj commit to ihe gaol of the conniy any person clia/rged with afelowy the trial of which may legally take place at the quarter sessions, hut to which the jurisdiction of the borough justices does not extend.] And whereas the justices of the peace acting in and for certain boroughs and iv Appendix. franchises in that part of the said United Kingdom called England have jurisdiction at the general sessions of the peace held in and for snch borough or franchise, to hear and determine divers felonies, and it is expe- dient that any such justice or justices should have power in certain cases to commit for trial at the general quarter sessions of the peace for the county, riding, division, or shire in which such borough or franchise may be situate, any person charged with felony which the said justices are not authorized or empowered to hear and determine at the general sessions o£ the peace held in and for such borough or franchise; be it therefore enacted, that from and after the passing of this Act it shall and may be lawfol to and for a justice or for justices of the peace acting in any of the said last-mentioned boroughs or franchises to commit to the gaol of the county, riding, division, or shire, in which such borough or franchise may be situate, to be tried at the general quarter sessions of the peace in and for such county, riding, division, or shire, any person charged with a felony which the said court of quarter sessions may have jurisdiction to try, and to the trial of which the jurisdiction of the justices of such borough or franchise at the general sessions of the peace in and for such borough or franchise does not extend ; and the justices of the peace acting in and for such last-mentioned county, riding, division, or shire are hereby autho- rized and empowered to try any such person so committed as last aforesaid at the general quarter sessions of the peace held in and for such county, riding, division, or shire. m. In places having a recorder and a Jit prison, the magistrates shall commit to swch; and the quarter sessions of such places shall have autho' rity to punish offenders.'] And be it further enacted, that in all such towns or franchises which have a recorder and a prison fit for the confine- ment of prisoners the magistrates of such town or franchise shall commit to the prison of such town all persons charged with having committed within such town or franchise any felony or misdemeanor which might if the same had been committed out of such town or franchise and within , the body of any county have been tried by the justices of quarter sessions of such county; and the court of quarter sessions of such town or fran- chise shall have the same authority to inquire of, hear, determine, and punish any persons charged with such felonies or misdemeanors as the courts of quarter sessions of counties have; which quarter sessions the justices of such town or franchise are hereby required to hold. 5 & 6 WrLt. 4, Cap. LXXVI. An Act to provide for the Ecgulation of Municipal Corporations in Eng- land and Wales. [9th September, 1835.] Sepeal of all Acts, charters, and customs, inconsistent with this Act."] Whereas divers bodies corporate at sundry times have been constituted withm the cities, towns, and boroughs of England and Wales, to the intent that the same might for ever be and remain well and quietly governed; 5S6 Will. 4, c. 76. V •and it is expedient tliat the charters by which the said bodies corporate are constituted should be altered in the manner hereinafter mentioned : be it therefore enacted, &c., that so much of all laws, statutes, and usages, and so much of all royal and other charters, grants and letters patent now in force relating to the several boroughs named in the schedules (A.) and (B.) t» this Act annexed, or to the inhabitants thereof, or to the several bodies or reputed bodies corporate named in the said schedules, or any of them, as are inconsistent with or contrary to the provisions of this Act, shall be and the same are hereby repealed and annulled. H. Reservation of all rights of property, and hejiejicial exemptions to J'reemen, their wives and chil-dren.~\ And whereas in divers cities, towns, and boroughs the common lands and public stock of such cities, towns, and boroughs, and the rents and profits thereof have been held and applied for the particular benefit of the citizens, freemen, and burgesses of the said cities, towns, and boroughs respectively, or of certain of them, or of the widows or kindred of them, or certain of them, and have not been applied to public purposes : be it therefore enacted that every person who now is or hereafter may be an inhabitant of any borough, and also every person who has been admitted or who might hereafter have been admitted a freeman or burgess of any borough if this Act had not been passed, or who now is or hereafter may be the wife or mdow or son or daughter of any ireeman or burgess, or who may have espoused, or may hereafter espouse the daughter or widow of any freeman or burgess, or who has been or may hereafter be bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy the same share and benefit of the lands, tenements, and heredita- ments, and of the rents and profits thereof, and of the common lands and public stock of any borough or body corporate, and of any lands, tene- ments, and hereditaments, and any sum or sums of money, chattels, securi- ties for money, or other personal estate, of which sny person or any body corporate may be seised or possessed in whole or in part for any charitable' uses or trusts, as fully and efiectually, and for such time and in such manner, as he or she by any statute, charter, bye-law, or custom in force at the time of passing this Act might or could have had, acquired, or enjoyed in case tbia Act had not been passed: provided always, that the total amount to be divided amongst the persons whose rights are herein reserved in this behalf shall not exceed the surplus which shall remain after pay- ment of the interest of all lawful debts chargeable upon the real or per- sonal estate out of which the sums so to be divided have arisen, together -with the salaries of municipal officers, and all other lawful expenses which on the fifth day of June (a) were defrayed out of or chargeable upon the same : provided also, that nothing hereinbefore contained shall be construed to apply to any claim, right, or title of any burgesses or freemen, or of any person, to any discharge or exemption from any tolls or dues levied wholly or in part by or to the use or benefit of any borough or body corporate ; and that after the passing of this Act no person shall have or be entitled to claim thenceforward any discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any body corporate, except as hereinafter is excepted : provided nevertheless, that every person who, on the fifth day of June in this present year was an inhabitant, or (a) The words "in this present year" have been accidentally omitted. vi Appendix. wa3, or was entitled to he admitted a freeman or burgess of any borougi, or who on the said fifth day of June was the wife or widow, son or daughter of any freeman or burgess of any borough, or who on the said fifth day of June was bound an apprentice, shall be entitled to have or acquire and enjoy the same discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any borough or body corporate as fully and for such time and in such sort as he or she by any statute, charter, bye-law, or custom in force on the said fifth day of June might or would have had, acquired, and enjoyed the same as if this Act had not been passed, and no further or otherwise : provided also, that where by any statute, charter, bye-law, or custom in force within any borough at the time of passing this Act, any person whose rights in this behalf are herein reserved would have been liable in case this Act had not been passed to pay any fine, fee, or sum of money to any body corporate, or to any member, officer or servant of any body corporate, in consideration of his freedom, or of his or her title to such rights as are herein reserved, no such person shall be entitled to have or claim any share or benefit in respect of the rights herein reserved as aforesaid until he or she shall have paid the ful' amount of such fine, fee, or sum of money to the treasurer of such borough, appointed under the provisions of this Act, on account of the borough fund hereinafter mentioned : provided also, that nothing in this Act contained shall be construed to entitle any person to any share or benefit of the rights herein reserved who shall not have first fulfilled every condition which, if this Act had not passed, would have been a condition precedent to his or her being entitled to the benefit of such rights, so far as the same is capable of being fulfilled according to the provisions of this Act, or to strengthen, confirm, or afiect any claim, right, or title of any burgesses or freemen of any borough or body corporate, or of any person to the benefit of any such rights as are hereinbefore reserved, but the same in every case may be brought in question, impeached, and set aside in like manner as if this Act had not been passed. III. No freedom to le acquired ly gift or pwcliase.'] Provided always, and be it enacted, that from and after the passing of this Act no person shall be elected, made, or admitted a burgess or freeman of any borough by ^ft or purchase. rV. Reservation of the parliamentary franchise to freemen.'] And whereas the right of voting in the election of members to serve in parlia- ment was by an Act passed in the second year of the reign of His present Majesty, intituled An Act to amend the representation of the people of England and Wales (a) preserved to all persons who then were or thereafter might become freemen or burgesses of any city or borough, subject to the conditions and provisions in that Act contained ; be it therefore enacted, that every person who if this Act had not been passed would have enjoyed, as a burgess or freeman, or might hereafter have acquired, in respect of birth or servitude, as a burgess or freeman, the right of voting in the election of a member or members to serve in parliament for any city or borough, shall- be entitled to enjoy or acquire such right of voting as fully as if this Act had not been passed; and the town clerk of every city or borough returning a member or members to parliament shall at all times (a) 2 Will. 4, c. 46. 5S6 Will. 4, c. 76. vii tereafter do and perform all things appartaining to the due registration of the freemen or burgesses of such city or horough according to the provi- sions of the said Act. V. Freemen's roll to le made out and Jcept ly the town cleri:.'] And he it enacted that the town clerk of every borough shall on or before the first day of December next make out a list, to be called "The Freemen's EoU" of all persons who at the time of the passing of this Act shall have been at""T>itted as burgesses or freemen of such borough ; and that whenever any person shall hereafter become entitled to be admitted a burgess or "jeeman for the purposes aforesaid of such borough in respect of birth, servitude, or marriage, and shall claim to he admitted accordingly, the mayor of such borough shall examine into such claim, and upon such claim being established every such person shall thereupon be admitted and em oiled by the town clerk of such borough upon the freemen's roU; and the town clerk shall keep a true copy of such roll, to be perused by any person without payment of any fee at all reasonable times, and shall deliver a copy thereof to any person requiring the same, on payment of a reasonable price for such copy. VI. Corporations to he styled mayor, aldermen, and burgesses.'] And be it enacted, that after the first election of councillors under this Act in any borough the body or reputed body corporate named in the said schedules in connexioa with such borough shall take and bear the name of the mayor, aldermen, and burgesses of such borough, and by that name shall have per- petual snccession, and shall be capable in law, by the council hereinafter men- tioned of such borough, to do and suffer all Acts which now lawfully they and their successors respectively may do and sufier by any name or title of incori: jration ; and the mayor of each of the said boroughs shall be capable in law to do and suiier all acts which the chief officer of such t orough may now lawfully do and suffer, so far as the same respectively are not altered or annulled by the provisions of this Act. VII. boundaries of certain ioroughs to he tjiose settled hy 2^ 3 Will. 4, c, 64. — Boundaries of other horoughs to remain until altered hy pa/rlia- ment.'] And be it enacted, that after the passing of this Act the metes ard bounds of the several boroughs named in the first section of the said ..chedules (A.) and (B.) for the purposes of this Act shall be the same as the limits thereof respectively settled and described in an Act passed in the second and third year of the reign of his present Majesty, intituled An Act to settle and describe the divisions of counties and the limits of cities and horoughs in England and Wales sofa/r as respects the election of memhers to set oe inparliament ; and the metes and bounds of the several boroughs named in the second section of the said schedules for the pur- poses of this Act shall be and remain as the same are now taken to be, untU such time as parliament shall otherwise direct : provided neverthe- lef J, that notwithstanding anything herein contained no parish or place, or part of any parish or place, which is detached from the main part of such borough or county of a city or town corporate, shall after the passing of this Act be included within any such borough or county (a). (a) A further proviso in this section is repealed by 6 & 7- 'Will. 4, c. 103, s. 1, post. yiii Appendix. Tin. M>ery place included within the homids of a loroughto depart of snch borough. — Parts cut off from the . horomgh to be declared part of adjoin- ing comity.'] And be it enacted, that every place and precinct which shall be included within the metes and bounds of any borough as hereinbefore provided, and none other, shall be part of such borough, and in those boroughs which are counties of themselves shall be part of such county and of none other ; and in every case in which the metes and bounds of any borough or county under .the provisions of this Act shall not include any place or precinct which before the passing of this Act was part of such borough or county, such place or precinct shall thenceforward be taken to be part of the county wherein such place or precinct is situated,[or with which it has the longest common boundary : provided nevertheless, that if any such place or precinct shall have been liable before the passing of this Act to contribute to any rate made for the purpose of satisfying any lawful debt to which the ratepayers of such borough or county were liable to contribute before the passing of this Act, and in case any difference shall arise concerning the proportion of such debt as ought therefore to be paid and contributed in respect of such place or precinct, it shall be lawful for the senior justice of assize for the county of which such place or pre- cinct shall thenceforward be taken to be part, on his circuit, on the appli- cation of the council of such borough, or of the chairman of a public meeting of the ratepayers of such place or precinct, to appoint, by writing under his hand, a barrister not having any interest in the question to arbi- trate between the parties, and by bis award under his hand and seal to assess the proportion, if any, of such debts as ought therefore to be paid and contributed in respect of such placje or precinct ; and such arbitrator shall also assess the costs of the arbitration, and shall direct by whom and in what proportion and out of what fund, the same shall be paid ; and such rate as aforesaid shall continue to be levied by warrant of the council of such borough, and paid by such place or precinct, as if this Act had not passed, until such proportion shall have been fuUy paid and satisfied to the treasurer of the borough, and no longer : provided nevertheless, that every county gaol, house of correction, or lunatic asylum, court of justice, or judge's lodging, which at the time of the passing of this Act is taken to be for any purpose within any county, shall stiU for all such purposes, be taken to be within such county, anything herein contained to the contrary notwithstanding. IS. Occupiers of honses and shops rated for three years to the relief of the poor entitled to be Iwrgesses if resident householders within seven miles (a). — Aliens and persons who have received parochial relief not to ie enrolled (b). X. Medical assistance or instruction in endowed schools mot to be a cause of disqualification (e).] And be it enacted that no medical or surgical assistance given by the charitable trustees of any borough shall be taken to be such charitable allowance as shall disqualify any person from being enrolled a burgess as aforesaid ; nor shall any person be so disqualified by (a) Repealed— 32 & 33 Vlot. c. 65, s. 1, post. (&) Repealed and re-enacted. Id. (c) SeeJri. 5 £6 Will. 4, c. 76. ix. reason that any child of such person shall have been admitted and taught within any public or endowed school. XI. Occupiers may claim to he rated.'} And be it enacted, that in every borough it shall Ije lawful for any person occapyiug any house, warehouse, counting-house, or shop to claim to be rated to the relief of the poor in respect of such premises, whether the landlord shall or shall not be liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming, and actually paying or tendering the full amount of the last made rate then payable in respect of such premises, the overseers of the parish in which such premises are situate are hereby required to pat the name of such occupier upon the rate for the time being ; and in case Bucb overseer shall neglect or refuse so to do such occupier shall never- theless, for the purposes of this Act be deemed to have been rated to the relief of the poor in respect of such premises from the period at which the rate shall have been made in respect of which he shall have so claimed to be rated as aforesaid {d). XII. In case' of titles hy descent, Sfc, Tiow the occupation is to lerecTeoned.'\ And be it enacted, that where any house, warehouse, counting-house, or shop in any borough shall come to any person by descent, marriage, mar- tiage settlement, devise, or promotion to any benefice or office, such person shall be entitled to reckon the occupancy and rating, in respect of the occupancy thereof by the person from or by whom such house, warehouse, countiDg-bouse, or shop shall have so come to him, as his own occupancy and rating conjointly with the time during which he shall have since occupied and been rated for the same, and shall be entitled to be enrolled a burgess in respect of such successive occupancy and rating, provided he shall be otherwise qualified as herein provided. XIII. No new Ttii/rgesses to he admitted who are not qualified under this Act.} And be it enacted, that after the passing of this Act no person shall be enrolled a burgess of any borough for the purpose of enjoying the lights conferred for the first time by this Act, in respect of any title other than by occupancy and payment of rates within such borough, according to the meaning and provisions of this Act. XrV. Exclusive rights of trading abolished.} And whereas in divers cities, towns, and boroughs, a certain castom hath prevailed, and certain bye-laws have been made, that no person not being free of a city, town, or borough, or of certain guilds, mysteries, or trading companies within the same, or some or one of them, shall keep any shop or place for putting to show or sale any or certain wares or merchandise by way of retail or other- wise, or use any or certain trades, occupations, mysteries, or handicrafts for hire, gain or sale within the same : be it enacted, that, notwithstanding any such custom or bye-law, every person in any borough may keep any shop for the sale of all lawful wares and merchandises by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft, for hire, gain, sale, or otherwise, within any borough. (3) The remainder of this section Is repealed hy the Statute Law Revision Act 1871 (37 & 38 Vict. o. 3S). a 3 X Appendix. XV Overseers to make lists of all persons entitled to le hwrgesses in fkeir 'respective parishes.^ And be it enacted, that on the fifth day of Septemher in every year the overseers of the poor of every parish whoUy or in part within any borough shall make out an alphabetical hst, to ba called "The Burgess List," according to the form number 1 m the schedule (D.) to this Act annexed, of all persons who shall be entitled to be enrolled in the burgess roU of that year, according to the provisions of this Act, in respect of property within such parish; and the overseers shall sign such burgess Hsts, and shall deliver the same to the town clerk of the borough on the said fifth day of September in every year, and shaU keep a true copy of such lists, to be perused by any person, without payment of any fee, at all reasonable hours between the fifth and fifteenth days of September in every year, and the town clerk shall forthwith cause copies to be printed of all overseer's lists deUvered to him, and shaU deliver a copy of all such lists to any person requiring the same, on payment of a reasonable price for each copy, and shall cause a copy of all such lists to be fixed on or near the outer door of the town haU, or in some public and conspicuous situation within the borough, on every day during the week next preceding the fifteenth day of September in every year. XVI. As to boroughs in. which there is no town clerk. — As to precincts, S[c., where there are no overseers.'] Provided always and be it enacted, that in any borough in which there shall be no town clerk, or in which the town clerk shall be dead or incapable of acting, all matters by this Act required to be done by and with regard to the town clerk shall be done by and with regard to the person executing duties in such borough similar to those of town clerk, and if there be no such person, or if such person shaU be dead or incapable of acting, then by and with regard to such fit person as the mayor of such borough shall appoint in that behalf: provided always, that every precinct or place, whether extra-parochial or otherwise, which shall have no overseers, shall, for the purpose of making out such lists as aforesaid, be deemed within the parish adjoining thereto, such parish being wholly or in part situate within the same borough as such precinct or place, and if such precinct or place shall adjoin two or more parishes so situate as aforesaid it shall be deemed to be within the least populous of such parishes according to the last census for the time being ; and the overseers of the poor of every such parish shall insert in the list for their parish the names of all persons who would have been entitled to be inserted in the lists for such precinct or place if such precinct or place had had overseers or been rated to the maintenance of the poor. XVII. Persons omitted from the overseers' lists to give notice to the town clerk. — Notices as to persons not entitled to he retained in the lists. — Lists of claimants and of persons objected to, to he published, ^c.'] And be it enacted, that every person whose name shall have been omitted in any such burgess Hst and who shall claim to have his name inserted therein, shall, on or before the fifteenth day of September in every year, give notice thereof to the town clerk in writing, according to the form number 2 in the said schedule (D.) or to the like effect j and every person ■whose name shall have been inserted 'n any burgess list for any borongh may object to any other person as not being entitled to have his name retained in the burgess list for the same borough, and every person so objecting shall, on or before the fifteenth day of September in every year. 6 & 6 Will. 4, c. 76. 3d give to the town clerk of such borough, and also give to the person objected to, or leave at the premises for which he shall appear to be rated in the burgess list, notice thereof in writing according to the form number 3 in the said schedule (D.), or to the like effect ; and every town clerk shall include the names of all persons so claiming to be inserted on the burgess list, in a list according to the form number 8 in the said schedule 4D-)> "■■^^ shall include the names of all persons so objected to as not entitled to be retained on the burgess list, in a list according to the form number 5 in the said schedule (D.), and shall cause copies of such several lists to be fixed on or near the outer door of the town hall or in some public or con- spicuous situation within such borough during the eight days next pre- ceding the first day of October in every year ; and the town clerk shall h'kewise keep a copy of the names of all persons so claiming as aforesaid, and also a copy of the names of all persons so objected to as aforesaid, to be perused by any person without payment of any fee, at all reasonable hours during the eight days, Sunday excepted, next preceding the first day of October in every year, and shall deliver a copy of each of such lists to any person requiring the same, on payment of a sum not exceeding one shilluig for each copy. XVIII. Mayor and assessors to revise lists, and, mpon due proof, to insert and expunge names.'] And be it enacted, that the mayor and the two assessors hereinafter mentioned, to be chosen in every year by the burgesses of every borough, shall hold an open court within such borough, for the purpose of revising the said burgess lists at some time between the first day of October inclusive ' and the fifteenth day of October inclusive in the year one thousand eight hundred and thirty-six, and every succeeding year, having first given three clear days' notice of the holding of such court, to be fixed on or near the outer door of the town hall or in some public or conspicuous situation within the borough ; and the town clerk of every such borough shall, at the open'ng of the court, produce the said lists and a copy of the lists of the persons claiming and of the persons objected to, so made out as afore- said ; and the overseers, vestry clerks, and collectors of poor's rates of every parish wholly or in part within every such borough shall attend the court, and shall answer upon oath all such questions as the court may put to them or any of them touching any matter necessary for revising the burgess lists ; and the mayor shall insert in such lists the name of every person who shall be proved, to the satisfaction of the court, to be entitled to be inserted therein according to the provisions of this Act, and shall retain on the said list the names of all persons to whom no objection shall have been duly made, and shall also retain on the said lists the name of every person who shall have been objected to by any person, unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection ; and where the name of any person inserted in any one of the said lists shall ha,ve been duly objected to, and the person objecting shall appear by himself or by some one on his behalf in support of such objection, the court shall require proof of the qualification of the person so objected to ; and in case the qualification of such person shall not be proved to the satisfaction of the court the mayor shall expunge the name of every such person from the said lists, and he shall also expunge from the said lists the name of every person who shall be proved to the court to be dead, and shall correct any mistake or supply any omission which shall be proved to the court to have been made in any of the said 3di Appendix, lasts in respect of the name or place of atode of any person who shall he included in any such list, or in respect of the local description of his pro- perty : provided always, that no person's name shall he inserted by the mayor in any such list, orshall be expunged therefrom, except in the case of death, unless notice shaU have been given as is hereinbefore required in each of ^e said cases. XIX. Power to mayor, 8;e., of adjourning, of administering oaths, Sfc.'\ And be it enacted, that every mayor holding any court under this Act for the revision of the said lists shall have power to adjourn the same from time to time, so that no such adjourned court shall be held after the fifteenth day of October in any year, and shall have power to require any overseer, or person having the custody of any book containing any rate made for the relief of the poor during that or any preceding year, in any parish wholly or in paxt within the borough, to produce the same and allow the same to be inspected at any court to be held for revision of the burgess lists, and shall have power to administer an oath to the tbwn clerk and to the overseers, and to all persons claiming to be inserted in or making objection to the omission or insertion of any name in any of the said lists, and to all persons objected to in any of such lists, and to all persons claiming to have any mistake in any of such lists corrected, and to all witnesses who may be tendered or examined on either side ; and the mayor and assessors shall, upon the hearing in open court, determine upon the validity of such claims and objections, and the mayor shall, in open court, write his initials against the names respectively struck out or inserted, and against any part of the said lists in which any mistakes shall have been cor- rected, and shall sign his name to every page of the several lists so settled. XX. 'Barristers to he appointed to revise the lists in the first gear.'] (a) XXI. Affirmation may 'be siibstituted for oath.'] And be it enacted, that every person authorized by law to make an affirmation instead of taking an oath shall make such affirmation in every case in which by this Act an oath is required to be taken ; and if any person taking any oath required by this Act, or making any afGrmation, instead of taking such oath, shall wilfully swear or affirm falsely, such person shall be deemed guilty of per- jury, and shall be puxiished accordingly. XXII. Sevised 'borough lists to be 'kept by the town cleric and copied into books, with the names numbered. — Such booh; to be the roll of burgesses entitled to vote,] And be it enacted, that the burgess lists so revised and signed as last aforesaid, shall he delivered by the mayor to the town clerk of such borough, who shall keep the same, and shall cause the said burgess lists to he feirly a,nd truly copied into one general alphabetical list in a book to be by him provided for that purpose, vrith every name therein numbered, beginning the numbers from the first name, and continuing them in a regular series to the last name, and shall cause such books to be completed on or before the twenty-second day of October in every year. (a) This section, which expired in 1836 seems to have escaped the notice of the compilers of the "Chronological Table and Index of the Statutes, 2nd ed. 1873, and 01 the framer of the Statute Law Kevision Act, 1874 (37 & 38 Yict, c, 35) 5 S6 Will. 4, c. 76. xiii and shall deliver such books, together with the lists, at tlie expiration of liis office, to the person succeeding him in such office; and every such hook in which the said burgess lists shall have been copied shall he the burgess roll of the burgesses of such borough entitled to vote after the passing of this Act, in the choice of the councillors, assessors, and auditors of such borough, as hereinafter mentioned, at any election which may take place in such borough between the first day of November inclusive in the jear wherein such burgess roll shall have been made and the first day of November in the succeeding year ; provided that no stamp duty shall be payable in respect of the admission, registry, or enrolment of any bm-gess, according to the provisions of this Act. XXni. Copies of the hurgess roll fo he printed for sale^ And be it enacted, that the town clerk of every borough shall cause to be written or printed copies of the burgess roll in every year, and shall deliver such copies to ^ persons applying for the same, on payment of a reasonable price for each copy ; and the monies arising from the sale thereof, and of -file overseers' lists, and of the list of claims and objections as aforesaid, shall be paid over to the treasurer of such borough, and shall be applied by him in aid of the borough fund hereinafter mentioned. XXIV. JExpenses of overseers Tioto to he defrayed."] And be it enacted, that the said council of every borough shall take an account of the reason- able expenses incurred by the overseers of the poor in carrying into effect the several provisions of this Act so far as relates to the said lists, and shaU order the treasurer of the said borough to pay the same out of the borough fund of the said borough. XXV. Mayor, aldermen, and councillors to he chosen in every horough, who together shall constitute the council of the horough.] And be it enacted, that in every borough shall be elected, at the time and in the manner hereinafter mentioned, one fit person who shall be and be called " the mayor " of such borough ; and a certain number of fit persons, who shall be and be called " aldermen " of such borough ; and a certain number of other fit persons who shall be and be called " the councillors " of such borough ; and such mayor, aldermen, and councillors for the time being shall be and be called " the council" of such borough; and the number of persons so to be elected councillors of such borough shall be the, number of persons in that beh.Tlf mentioned in conjunction with the names of such borough in the schedules (A.) and (B.) to this Act annexed; and the number of persons so to be ,'elected aldermen shall be one- third of the number of persons so to be elected councillors; and on the ninth day of November in this present year the councillors first to be elected under the provisions of this Act, and on the ninth day of November in the year one thousand eight hundred and thirty-eight, and in every third succeeding year, the council for the time being of every borough shall elect from the councillors, or from the persons qualified to be councillors, the aldermen of such borough, or so many as shall be needed to supply the places of those who shall then go out of -office according to the provisions hereinafter contained ; and that upon the ninth day of November in the year one thousand eight hundred and thirty-eight, and in every third succeeding year, one half of the number appointed as aforesaid to be xiv Appendix, the whole numher of the aldermen of every borough shall go out of office ; and the councillors immediately after the first election of aldermen shall appoint who shall be the aldermen who shall go out of office in the year one thousand eight hundred and thirty-eight, and thereafter those who shall go out of office shaU always be those who have been aldermen for the longest time without re-election: provided always, that any aldermen so going out of office may be forthwith re-elected, if therein qualified as herein provided j provided also, that the aldermen so going out of office shall not be entitled to vote in the election of a new alderman. XXVI. Mat/or and aldermen to contitme to he members of the coumcil during their offices.'] And be it enacted, that the mayor and aldermen shall, during their respective offices, continue to be members of the council of the borough, notwithstanding anything hereinafter contained as to councillors going out of office at the end of three years. XXVII. Fiitwre vacancies in the office of aldermen how to ie filled tip.] And be it enacted, that whenever any extraordinary vacancy shall take place in the office of alderman of any borough, the council of such borough shall, within ten days after such vacancy shall occur, on a day to be fixed by the mayor for such purpose, elect some other fit person to fill such vacancy, either from the councillors or from the persons qualified to be councillors ; and in case any councillor shall be elected to fill the office of alderman then the vacancy which will thereby be occasioned in the council shall be filled up at the time and in the manner hereinafter directed ; and every person so elected an alderman to fill an extraordinary vacancy shall hold such office until the time when the person in the room of whom he was chosen would regularly have gone out of office, and he shall then go out of office, but may be re-elected if then qualified as herein provided. XXVIII. JFho are not qualified to ie chosen mayor or councillor.] And be it enacted, that no person being in holy orders, or being the regular minister of any dissenting congregation, shall be qualified to be elected or to be a councillor of any such borough or an alderman of any such borough, nor shall any person be qualified to be elected or to be a councillor or an alderman of any such borough, who shall not be entitl6d to be on the burgess list of such borough, nor unless he shall be seised or possessed of real or personal estate or both to the following amount, that is to say, in all boroughs directed by this Act to be divided into four or more wards to the amount of oile thousand pounds, or be rated to the relief of the poor of such borough upon the annual value of not less than thirty pounds, and in all boroughs directed to be divided into less than foxir wards, or which shall not be divided into wards, to the amount of five hundred pounds, or be rated to the relief of the poor in such borough upon the annual value of not less than fifteen pounds, or during such time as he shall hold any office or place of profit, other than that of mayor, in the gift or disposal of the council of such borough, or during such time as he shall have directly or indirectly, by himself or his partner, any share or interest in any con- tract or employment with, by, or on behalf of such council : provided that no person shall be disqualified from being a councillor or alderman of any borough as aforesaid by reason of his being a proprietor or shareholder of any company which shall contract with the council of such borough for lighting or supplying with water or insuring against fire any part of such borough. 5 (« 6 Will. 4, c. 76. xv XXIX. Who shall vote in the election for conndllors?^ And be it enacted, that evay burgess of every borough who shall be enroUed on the burgess roll for the time being of such borough shall be entitled to vote in the election of councillors and of the auditors and assessors hereinafter mentioned for such borough, and no person who shall not be enrolled in such burgess roll for the time being shall have any voice or be evtitled to Tote in any such election. XXX. CounciUors to he chosen on the Isi November in every year.'} And he it enacted, that upon the first day of November in every year the burgesses so enrolled in every borough shall * * * (a) elect from the persons qualified to be councillors the councillors of such borough, or such part of them as shall be needed to supply the places of those who shall then go out of office : provided nevertheless, that whenever any day by this Act appointed for any purpose shall in any year happen on a Sunday, in every such case the business so appointed to be done shall take place on the Monday foUowng. XXXI. One-third part of the council to go out of office anrmally.l And be it enacted, that upon the first day of November one thousand eight hundred and thii'ty-six, and in every succeeding year, one third part of the nmnher appointed as aforesaid to be the whole number of the councillors of every borough shall go out of office ; and in the said year one thousand ■eight hundred and thirty-six those who shall go out of office shall he the councillors who were elected under the provisions of this Act by the smallest numbers of votes in this present year, and in the next year, one thousand eight hundred and thirty-seven, those who shall so go out of ofBce shall he the councillors who were elected under the provisions of this Act by the next smallest numbers of votes in this present year, the majority of the whole council always determining, when the votes for any such per- sons shall have been equal, who shall be the persons so to go out of office ; and thereafter those who shall so go out of office shall always be the councillors who have been for the longest time in office without re-election ; provided always, that any councillor so going out of office shall be capable of being forthwith re-elected, if then qualified, as herein provided. XXXn. Elections to he Tteld, hefore mayor']. — And be it enacted, that every election of councillors within any borough according to the provisions of this Act shall he Wd before the mayor * for the time being of such borough, except as herein is excepted; and the voting at every such election shall commence at nine o'clock in the forenoon, and shall finally close at four o'clock in the afternoon of the same day, and shall bfe conducted in manner following ; that is to say, every burgess entitled to vote in the election of councillors may vote for any number of persons not exceeding the number of councillors then to be chosen (6). XXXIII. Foiling hooths to he provided.'} And be it enacted, that at every election in any borough the mayor, if it shall appear to him expe- dient for taking the poll at such election, may cause booths to be erected. (a) The words " openly assemble and" are repeale— 35 & 36 Vict. m. 33 (the Ballot Act, 1872), s. 32, scfied. 4, post. (6) The proviaiona as to open voting and those relating to asBessora ai'e repealed— 35 h 36 Vict. c. 33 (the Ballot Act, 1873), s. 32, sched. 4, post. xvi Appendix. or rooms to be hired and used as such booths, for different parts of such borough, which may he situated either in one -place or in several places » * * (a) and shall cause to be affixed on the most conspicuous part of each of the said booths the names of the parts for which such booth is respectively allotted ; and no person shall be admitted to vote at any such election except at the booth allotted for the part wherein the house, warehouse, counting-house, or shop occupied by him as described in the burgess roll may be ; but in case no booth shall happen to be provided for any particular part as aforesaid the votes of the persons voting in respect of property situate in any part so omitted may be taken at any of the said booths ; and public notice of the situation, division, and allotments of the different booths shaU be given two days before the commencement of the poll by the mayor ;***(») provided also, that no election shall be holden under this Act in any borough in any church, chapel, or other place of public worship. XXXIV. Ifo inquiry of the voter except as to his identity, amd whether Tie has voted hefore at the same election. — Forms of questions as to these points.'] And be it enacted, that no inquiry shall be permitted at any election as to the right of any person to vote as a burgess in any borough, except only as follows ; (that is to say,) that the mayor or other presiding officer shall, if required by any two burgesses entitled to vote in the same borough, put to any voter at the time of his delivering in his voting paper, and not afterwards, the following questions, or any of them, and no other : • »#*** (J). 2. Are you the person whose name appears as A. JB. on the burgess roll now in force for this borough, being registered therein as rated for property described to be situated in • • ? \_Sere specify the street, ^c, as descriied in the hwrgess roll.] 3. Have you already voted at the present election ? And no person required to answer any of the said questions shall bejper- mitted or qualified to vote until he shall have answered the same ; and if any person shall wilfully make a false answer to any of the questions afore- said he shall be deemed guilty of a misdemeanor, and may be indicted and punished accordingly. XXXV. Hesult of election, how to he declared.] And be it enacted, that the mayor * (c) shaU examine the voting papers so delivered as aforesaid, for the purpose of ascertaining which of the several persons voted for are elected ; and so many of such persons, being equal to the number of persons then to be chosen, as shall have the greatest number of votes, shall be deemed to he elected ; and in case of an equality in the number of votes for any two or more persons, the mayor * (o) shall name from amongst those persons for whom the number of votes shall be equal so many as shall be necessary to complete the requisite number of persons to be chosen # * * (c). (d) Other provisions as to the booths repealed. 35 &. 36 Vict. o. 33 (the Ballot Act, 1873), sect. 32, BChed. 4, post. (6) The first question as to the voter's signatiu'e to the paper is repealed as above. (c) The proTisions aa to the mspectiou of the voting papers and as to the assessors are repealed as above. 5 rf 6 Will. 4, c. 76. xvii XXXVI. An alderman to he chosen to preside at election in case of the death or inability of the mayor.'] And be it enacted, that if the mayor of any borough shall, at the time when it shall be necessary to execute the powers and duties herein provided with respect to elections, be dead, absent, or otherwise incapable of acting, the council of such borough shall forth- with elect one of the aldermeu to execute all such powers and duties in the place of the mayor ; provided that in the fii-st election of councillors and of auditors and assessors, as hereinafter provided, the mayor alone shall act with all the powers and duties hereinbefore enacted concerning the mayor and assessors jointly in such elections. XXXVn. Election of auditors and assessors.] And be it enacted, that on the first day of March in the year one thousand eight hundred and thirty-six, and in every succeeding year, the burgesses of every borough shall elect from the persons qualified to be councillors by a majority of votes, two burgesses, who shall be and be called auditors of such borough, and two burgesses, who shall be and be called assessors of such borough ; and every such auditor and assessor shall continue in office until the first day of March in the year following his election ; and the election of such auditors and assessors respectively shall be in form and manner herein- before provided for the election of councillors : provided nevertheless, that in every such election of auditors or assessors no burgess shall vote for more than one person to be an auditor or assessor : provided also, that no burgess shall be eligible to be or be elected such auditor or assessor as afore- said who shall be of the council, or the town clerk or treasurer of such borough. XXXVUI. Existing mayors and councillors to go out of office on elec- tion of councillors under this Act (a). XYXTX - Where loroughs are to ie divided into wards the bounds of the wards to he determined hy the barristers appointed to revise the listsl}i)^ And whereas it is expedient that certain boroughs of large population should be divided into wards before any election of councillors for such boroughs should take place ; be it therefore enacted, that every borough in the said schedule (A.) shall be divided into the number of wards mentioned in such schedule in conjunction with the name of such borough, and it shall be lawful for the barrister * appointed in pursuance of the provisions * * * (e) and he * is * hereby required within file space of six weeks next after the passing of this Act to determine and set out the extent, limits, and boundary lines of such, wards, and what portions of snch borough shall be included therein respec- tively ; and the copy of the particulars of such division shall be forthwith transmitted to one of his Majesty's principal secretaries of state, and, if his Majesty, by advice of his privy council shall approve such determina- tion, shall be published in the London Gazette, and another copy of such (o) Eepealed— Statute Law Revision Act, 1874 (37 & 38 Tict. o. 38). (i) The provisions ol this section were temporary, as the banisters to revise the lists were appointed for the first year only, (see sect. 20) and might he considered as ipent ; hut they are revived by. 22 Vict. c. 35, s. 3, post as to barristers appointed sect. 2. (c) Of 22 Vict. 0.35, s. 2, iJost. Seelastnote. xviii Appendix, particDlars shall be delivered to the town clerk of such borough, to be by him safely kept among the public documents of such borough; and CTery such borough shall, after such publication as aforesaid, be deemed to be divided into such wards as shall be so determined and set out as afore- said, and such division shall continue and be in force until the same shall be altered by authority of parliament : provided always, that if his Majesty, by advice of his privy council, shall not approve such determination, such publication as aforesaid shall nevertheless be made, and such division be in force for the purpose of any election under the provisions of this Act, and untU such time as his Majesty shall by advice of bis privy councU, upon further iuformation and report from such barristers, definitively approve the division of such borough into wards in manner hereinbefore men- tioned. XL. Nwmier of councillors for each ward, to le assigned hi/ ihe ia/r- risters according to certain rules {a).'] And be it enacted, that the said barrister * shall, after the division of the borough into such number of wards * * * apportion among the several wards of such borough the number of councillors mentioned in conjunction with the name of such borough, in the said schedule (A.); and in assigning the number of councillors to each wai-d. the said barrister * shall, as f?r as in his * judgment be * may deem it to be practicable, have regard as well to the number of persons rated to the relief of the poor in such ward as to the aggregate amount of the sums at which all the said persons shall be so rated : provided always, that the number of courciUors assigned to each ward shall be a number divisible by three ; and a copy of the particulars of the number of councillors so assigned to the several wards of the borough shall be forthwith transmitted to one of His Majesty's principal secretaries of state, and subject as aforesaid to the approval of His Majesty by the advice of his privy council, shall be pub- I'sbed in the London Gazette, and another copy of such particulars shall be delivered to the town clerk of the borough, to be by him safely kept among the public documents of such borough ; and the number of council- lors so assigned to each ward of such borough shall, after such publication as aforesaid, be the number to be elected in such ward, and shall so continue until the same shall be altered by authority of parliament : pro- vided always, that if His Majesty, by the advice of his privy council, shall not approve the number of councillors so assigned to each ward, such pub- ''cation shall nevertheless be made, and the number of councillors so assigned to each ward of such borough by such barrister shall be the number to be elected in such ward at any election of councillors under this Act until such time as His Majesty shall by advice of his privy council, upon farther information ?ud report from such barrister, definitively approve such assignment in manner hereinbefore mentioned. XLI. Apportionment of councillors for each ward in which the ancient division is adhered to.'] [And whereas it may be convenient in divers boroughs to adhere in the division of the same into wards to the ancient division thereof into parishes or into districts under any local Act, or to sdapt such division to local circumstances, and such division so made might render difScult such apportionment of councillors as is hereinbefore (a) See note (a) page xvil. 5<£Q Will. 4, c. 76. xix directed ; he it therefore enacted, that in every such case the said harrister or barristers shall be empowered, at his or their discretion, snbject as afore- said to the approval of His Miijosty by the advice of his privy council, to divide any borough in conjunction with the name of which, in the said schedule (A.), shall be mentioned any number of wards greater than two, into any number of A\'ards more or less by one than the number of wards mentioned in conjunction with the name of such borough in the siud schedule (S).] XLII. Foioer fo examine rate boois (e). XLIII. CoitaciUors * * * (d) to he elected in tvards hi/ the hurgesses of such wards.'] And be it enacted, that in every case in which there shall be a division into wai-ds of any borough, the burgesses of every such ward, and none others, shall on the day fixed for the fii-st election of conn- cilloi's separately elect from the persons quahfied to be councillors the whole number of councillors assigned to such ward respectively, and on the first day of ISfovember in any subsequent year shall separately elect fi-om the persons qualified to be councillors one-third part of the whole number of councillors assigned to such ward, and on the first day of March next after the first election of councillors in such ward * * * {d) and every such ward election first after such division into wards of any such borough shall be held before the mayor, or the person whom the mayor for the time being shall appoint in that behalf, and in every succeeding year shall be held before the alderman whom the councillors chosen in such ward shall yeai-ly appoint in that behalf * * * (rf) and the votings and other proceedings in all other respects at such ward elections shall be con- ducted in the same manner as at election of councillors * * * (rf) respectively by the burgesses of the whole borough, and the alderman * * * (d) of each ward shaU have the same powers in regard to elections in their ward as the mayor * * * (d) for the whole borough if not divided into wards ; and every person so elected a councillor * * * (d) in such ward shall hold his office for the same time that he would have held it if he had been elected by the burgesses of the whole borough and if the number elected in such ward had been the whole number for the borough. XLIV. Burgesses to vote in th^ ward in ivhich tlieir property is situated.'] And be it enacted, that every burgess of any borough shall be entitled to vote in the election of the councillors * * * (d) to be chosen within that ward in which the property of such burgess for which he appears to be rated on the burgess roll for the time being of such borough shall appear to be situated, and not otherwise ; and if any burgess shall be rated in respect of distinct premises in two or more wards, then he shall be entitled to be enrolled and to vote in such one of the said wards as he shall select, but not in more than one. XLV. Lists of the hurgesses in each ward to he made ovt yearly.] And be it enacted, that for the purpose of better ascertaining who are the (6) Aa the provisions ol this section are not referred to In 22 Vict. c. 36, s. 3, they appeared to have expu-ed. But the section is not mentioned in the table and index of the statues. 1S73, or in the Statute Law Revision Act, 1S74. (c) Kepealed— Statute Law Session Act, 1874 (3T & 38 Tict. c. 35). {d) The provisions relating to assessors ai"e repealed by 35 & 36 Vict. c. 33 (The Ballot Act, 1872), s. 32, sched. 4, post, and see sect. 21. The enactment as to the assessors who should hold a court for revising the burgess lists with the mayor was previously repealed — 1 Vict. c. 78, s. i, post. XX Appendix. burgesses of any such ward the burgess roll of every borough so divided into wards shall thenceforward be made out, by or under the direction of the town clerk in alphabetical lists of the burgesses in each ward, to be called " ward lists." XLVI. Manner of proceeding if any person is elected a councillor in more than one v!a/rd.~\ And be it enacted, that if any election of coun- cillors * (a) for any borough any person shall be elected a councillor * {a) in more than one of the wards of such borough, he shall within three days after notice thereof choose, or in his default the mayor shall declare, for which one of the said wards such councillor * (a) shall serve, and such person shall thereupon be held to be elected in that ward only which he shall so choose, or wliich the mayor shall so declare. XLVII. Occasional vacancies of councillor, auditor, or assessor' to he filled wp ly fresh, election.'] And be it enacted, that if any extraordinary vacancy shall be occasioned in the office of councillor, auditor, or assessor for any borough, the burgesses entitled to vote shall, on a day to be fixed by the mayor of such borough, or in the case of a councillor or assessor, where the borough shall have been divided into wards, by the alderman of the ward in which the vacancy has happened (J) (such day not to be later than ten days after such vacancy) elect from the persons qualified to be councillors another burgess to supply such vacancy ; and such election shall be held, and the voting and other proceedings, in case of a contest, shall be conducted in the same manner and subject to the same provisions as are hereiflbef ore enacted with respect to the election of councillors as afore- said ; and every person so elected shall hold such office until the time at which the person in room of whom he was chosen would regularly have gone out of ofBce, and he shall then go out of office, but shall be capable of ■ immediate re-election if then qualified as herein provided (c). XLVIII. Penalties on mayor, overseers, Sfc, neglecting to comply with provisions of this Act.] And be it enacted, that if any mayor, alderman, or assessor of any borough who shall be in office at the time herein appointed for the revision by them of the burgess list under this Act, or for any election of councillors, assessors, or auditors which he is required to conduct or declare, shall neglect or refuse to revise such burgess list, or to conduct or declare such election as aforesaid, every such mayor, alder- man, and assessor shall for every such oft'ence forfeit and pay the sum of one hundred pounds ; and if any overseer of any parish wholly or in part within any borough shall neglect or refuse to make out, sign, and deliver such lists as aforesaid, or if the town clerk of any borough shall neglect or refuse to receive, print, and publish such lists as aforesaid, or if any such overseer or town clerk shall refuse to allow any such list to be perused by any person having a right thereunto, every such overseer and town clerk respectively for every such offence shall forfeit and pay the sum of fifty pounds ; and the said penalties hereby in such case imposed shall be re- covered, with full costs of suit, by any person who will sue for the same within three calendar months after the commission of such oflfence, by (a) See note to sect. 43, ante. (6) So much of sect. 47 as relates to the fixing of the day ol election by the alder- man is repealed by 38 & 39 Vict. c. 40, s. 12, sohed. 2, post, pp. ocxcvi., ccxcix. In case of extraordinary vacancies in the office of councillor, auditor or assessor, the day of election is to be fixed by the mayor. Id. sect. 9, post, p. ccxcv. (c) Proviso relatmg to vacancies in the council repealed— 1 Vict. c. 78, s. 11, post. 5 <« 6 Will. 4, c. 76. xxi action of debt or on the case in any of His Majesty's superior courts of record; and the money so to be recovered shall, after payment of the costs and expenses attending the recovery thereof, be paid and appor- tioned as follows; (that is to say), one moiety thereof to the person so suing, and the other moiety thereof to the treasurer to be appointed by virtue of this Act, to be by him applied in aid of the borough fund herein- after mentioned. 5LIX. Council to elect the mayor every year from the councillors.'] And be it enacted, that on the ninth day of November in every year the council of the borough shall elect out of the aldermen or councillors of such borough a fit person to be the mayor of such borough, who shall continue- in his ofice for one whole year ; and in case a vacancy shall be occasioned in the office of mayor of the borough during such year by reason of any person who shall have been elected to such office not accepting the same, or by reason of his dying or ceasing to hold the said office, the council of the borough shall within ten days after such vacancy elect out of the aldermen or councillors of the said borough another fit person to be the mayor thereof for the remainder of the then current year. L. Mayor, aldermen, arid councillors, auditors, and assessors, not to act until they have made a declaration, of acceptance of office. — Aldermen, if re- quired, to make a declaration of qualification once in three years.] And be it enacted, that no person elected a mayor, alderman, or councillor, or auditor or assessor for any borough, shall be capable of acting as such, except in administering the declaration hereinafter contained, until he shall have made and subscribed before any two or more of such aldermen or council- lors (who are hereby respectively authorized and required to administer the same to each other) a declaration in the words or to the effect following ; (that is to say), " I A. JB., having been elected mayor [or alderman, councillor, auditor, or assessor] for the borough of do hereby declare, that I take the said ofiSce upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and abflity ; £and in case of the party being qualified by estate say, and I do hereby declare that I am seised or possessed of real or personal estate, or both [as the case may be,] to the amount of one thousand pounds or five hundred pounds, as the case may require, over and above what wUl satisfy all my debts]." And that every alderman who shall have made and subscribed the foregoing declaration in respect of estate 'shall once in every period of three years, if required in vpriting so to do by any two members of the council, make and subscribe a declaration that he is qualified to the same amount in real or personal estate, or both, as the case may then be, as the amount mentioned in the declaration originally made and subscribed by him (o). LI. Hkiery burgess elected to the office of alderman, councillor, auditor, or assessor, and every councillor elected to the office of mayor, shall accept the office or pay a fine to the borough fund.] And be it enacted, that every person duly qualified who shall be elected to the office of alderman, coun- cillor, auditor, or assessor, and every councillor who shall be elected to the (a) Proviao as to making declaration under 9 Geo. 4, c. 17, repealed— 34 & 36 TioL c. 48. xxu Appendix. office of mayor for any borough, shall accept such office to which he shall have been elected, or shall in lieu thereof pay to the mayor, aldermen, and burgesses of such borough such fine not exceeding fifty pounds in case of aldermen, councillors, auditors, or assessors, and such fine not exceeding one hundred pounds in case of mayor, as the council of such borough by a bye-law to be made as hereinafter provided shall declare in that behalf ; and such fine if not duly paid shall be levied by the warrant of any justice having juris- diction within the borough, who is hereby required on the application of the council to issue the same, by distress and sale of the goods and chattels of the persons so refusing to accept office, with the reasonable charges of such distress ; and every such person so elected shall accept such office by making and subscribing the declaration hereinbefore mentioned within five days after notice of his election, otherwise such person shall be liable to pay the said fine as for his non-acceptance of such office, and such office shall thereupon be deemed to be vacant, and shall be filled up by a fresh election to be made in the manner hereinbefore mentioned : provided always, that no person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, shall be liable to such fine as afore- said : provided also, that every person so elected to any such office who shall be above the age of sixty-five years, or who shall have already served such office respectively, or paid the fine for not accepting such office respectively, within five years from the day on which he shall be so re-elected, shall be exempted from accepting or serving the same office if he shall claim such exemption within five days after notice of his election : provided always, that nothing in this Act contained shall extend to compel the acceptance of any office or duty whatever in any borough by any mili- tary, naval, or marine officer in His Majesty's service on fuU pay, or by any officer or other person employed and residing within any of His Majesty's dockyards, victualling establishments, arsenals, or barracks. XjIT. ^n^ mayor, alderman, or councillor, if lie shall he declared bank- rupt or insolvent, or absent liimself from the borough, shall lose Ms office.'] Provided always, and be it enacted, that if any person holding the office of mayor, alderman, or councillor for any borough shall be declared bankrupt, or shall apply to take the benefit of any Act for the relief of insolvent debtors, or shall compound by deed with his creditors, or, being mayor, shall be absent for more than two calendar months, or being an alderman or councillor for more than six months, at one and the same time {unless in case of illness) from the borough of which he shall be mayor,' alderman, or coun- cillor, then and in every such case such person shall thereupon immediately become disqualified and shall cease to hold the office of such mayor, alder- man, or councillor as aforesaid, and in the case of such absence shall be liable to the same fine, to be recovered in the same manner, as if he had refused to accept the said office, and the council thereupon shall forthwith declare the said office to be void, and shall signify the same by notice in writing under the hands of three or more of them, countersigned by the town clerk, to be affixed in some public place within the borough, and the said office shall thereupon become void ; but every person so becoming dis- qualified and ceasing to hold such office on account of his being declared a bankrupt, or of his applying to take the benefit of any Act for the relief of insolvent debtors, or having compounded with his creditors as aforesaid, shall, on obtaining his certificate or on payment of his debts in full, be capable (if otherwise qualified) of being re-elected to such office, and every person becoming disqualified to hold such office on account of absence 5dQ Will. 4, c. 76. xxiu as aforesaid shall on his return to such borough be capable of being re- elected to such office, provided he shall then be otherwise qualified. LIII. Penalty on persons not qualified, S(c., acting as mat/or, alderman, or councillor.'] And be it enacted, that if any person shall act as mayor, alderman, or councillor, or auditor or assessor, for any borough without having made the declaration hereinbefore required in that behalf, or without being duly qualified at the time of making such declaration, or after he shall cease to be quahfied according to the provisions of this Act, or after he shall have become disqualified to hold any such office, he shall for every such ofienee forfeit the sum of fifty pounds, such sum to be recovered, with full costs of suit, by any person who will sue for the same vrithiu three calendar months after the commission of such offence, by action of debt or on the case in any of His Majesty's superior courts of record; and every person so sued by reason of not being so qualified in respect of estate shall prove that he was at the time of so acting qualified as aforesaid, or other- wise shall pay the said penalty, without any further evidence being given on the part of the plaintiff than that such person has acted as the mayor, or as alderman, councillor, auditor, or assessor (as the case may be) of such borough : provided always, that it shall be lawful for any defendant, by judge's order to be obtained within fourteen days after he shall have been served with process in any such action, to require the plaintiff to give secu- rity for costs ; and in such case all further proceedings in the said cause shall be stayed untQ the plaintiff shall give secm'ity to the satisfaction of the proper officer of the court for the costs of such action in case a verdict p ball pass for the defendant, or the plaintiff shall become nonsuit, or discon- tinue such action, or if upon demurrer or otherwise judgment shall be given against the plaintiff; and the defendant shall in either of such cases recover his full costs as between attorney and chent : provided also, that no such action shall be brought except by a burgess of such borough, nor unless the burgess bringing the same shall, within fourteen days after the commission of the offence, have served a notice in writing personally upon the party committing such offence of his intention to bring such action ; and in case the plaintiff in any such action shaU obtain a verdict, the money so to be recovered shall, after payment of the costs and expenses attending the recovery thereof, be paid and apportioned as follows ; (that is to say), one moiety thereof to tlie person so suing, and the other moiety thereof to the treasurer to be appointed by virtue of this Act, to be by Tiim applied in aid of the borough fund : provided always, that aU acts and proceedings of any person in possession of the office of mayor, alder- man, councillor, auditor, or assessor, and acting as a mayor, alderman, coun- cillor, auditor or assessor, shall, notwithstanding such disquaUfication or want of qualification, be as valid and effectual as if such person had been duly qualr&ed. LIV Persons convicted of bribery disqualified from voting at amy elec- tion in the borough (a). JJV. Persons offending in any of the cases aforesaid discovering others so offending to be discharged from all penalties(a). (a) Kepealed— 3S Si 36 Vict. c. 60, s. 2S,post. xxiv Appendix. LVI. -ZVo person Udble to incapacity, penalty, ^c, unless prosecuted within two years (a). LVII. The mayor to le a justice of the peace for the horough and returning officer at elections of members to serve in parliament.'] And be it enacted, that the mayor for the time being of every borough shall be a justice of the peace of and for such borough, and shall continue to be such justice of the peace during the next succeeding year after he shall cease to be mayor, unless disqualified as aforesaid ; and such mayor shaE, during the time of his mayoralty, have precedence in all places within the borough, and in boroughs which return a member or members to serve in Parliament, other than the town of Berwick-upon-Tweed, and other than cities and towns which are counties of themselves, shall be the returning officer at all such elections ; and in case the mayor shall, at the time when he shall be required to perform the duties of such returning officer, be dead, absent, or otherwise incapable of acting, or in case there shall be no mayor, the council of such borough shall forthwith elect one of the aldermen to be the returning officer for such borough in the place of the mayor being so dead, absent, or otherwise incapable : provided always, that in every case where there shall be more than one mayor within the boundaries of any boroughs as the same are or shall at any future time be settled in so far as respects the election of members to serve in parliament the mayor of that borough to which the writ of election shall be directed shall be the returning officer (J). LVIII. Fowerio council toappoint town cleric, treaswrer, and other officers ; and to fake security for due discharge of their official duties. — Salaries."] And be it enacted, that the council of every borough, on the ninth day of November in this present year, shall appoint a fit person not being a member of the council to be the town clerk of such borough, who shall hold his office during pleasure, and in any borough may be an attorney of one of His Majesty's superior courts at Westminster, any law, statute, charter or usage to the contrary notwithstanding ; and the council of every borough shall * * * appoint another fit person not being a mem- ber of the council to be the treasurer of the borough (c) , and also such other officers as have been usually appointed in such borough, or as they shall think necessary for enabling them to carry into execution the various powers and duties vested in them by virtue of this Act, and may from time to time discontinue the appointment of such officers as shall appear to them not necessary to be re-appointed ; and shall take such security for the due execution of hie office by any such town clerk, treasurer, or other officer, as the said council shall think proper; and shall order to be paid to the mayor, and to the town clerk and treasurer, and to every such officer to be employed as aforesaid, such salary or allowance as the said council shall think reasonable ; and in case of a vacancy in any such office as aforesaid, by death, resignation, removal, or otherwise, the council of such borough may appoint another fit person in the place of the person so making such vacancy ; provided that the town clerk and treasurer shall not he the same person. (a) Repealed— 36 & 3C Vict. c. 60, b. 29, post. (b) See 24 & 26 Vict. c. 76, a. 2, post, as to the construction of this section. (c) The niipolntmcnt of treasurer is to be during the pleasure of the council. 7 & 8 Tict. c. 83, s. (i, post. 5 & 6 Will. 4, c. 76. xxv LIX. 7}reasurer to pat/ no money iui iy order of council, except as provided T>y this Act.'] And be it enacted, that the treasurer of any borough shall pay no money on account of the mayor, aldermen, and burgesses of such borough, save only in such case as is provided by this Act, or upon the order in writing of the council, signed by three or more members of the council, and countersigned by the town clerk of such borough, or by order of the court of sessions of the peace for the borough, or of a justice of the peace acting in and for the borough iu the discharge of his judicial duty, in such case as is provided by this Act, or in such case as a court of sessions of the peace for ajiy county, or a justice of the peace acting in and for a county in the discharge of his judi- cial duty, may make an order for the payment of money on the treasurer o£ such county, or for the payment of the salaries granted to any recorder or police magistrate as hereinafter provided. LX. Officers to acconnt, S^c, according to the orders of the cotmcil.— Summary remedy against officers for not accounting, ^c] And be it enacted, that every town clerk, treasurer, or other oficer appointed by the council as aforesaid shall, at such times during the continuance of his office, or within three months after the expiration of his office, and in such manner as the said council shall direct, deliver to the council, or to such person as they shall authorize for that purpose, a true account in writing of all matters committed to his charge by virtue of this Act, and also of all monies which shall have been by him received by virtue or for the purposes of this Act, and how much thereof shall have been paid and disbursed, and for what purposes, together with proper vouchers for such payments ; and also a list of the names of all such persons as shall not ha,ve paid the monies due from [them for the purposes of this Act, and of the amount due from each of them ; and every such officer shall pay all such monies as shall remain due from him to the treasurer for the time being, or to such person as the said council shall authorize to receive the same ; and if any such officer shall refuse or wilfully neglect to deliver such account, or the vouchers relating to the same, or such list as aforesaid, or to make pay- ment as aforesaid, or shall refuse or wHEnlly neglect to deliver to the said council, or to such person as they shall authorize, within three days after being thereunto required by notice in writing under the hands of any three or more of the said council, to be given to or left at the last place of abode of such officer, all books, papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said council, or to such other person as aforesaid, respecting the same, then and in every such case, upon complaint made on behalf of the said counoU, by such person as they shall authorize for that purpose, of any such refusal or wilful neglect as aforesaid, to any justice of the peace for the county or other jurisdiction wherein such officer so refusing or neglecting shall be or reside, such justice is hereby authorized and required to issue a warrant under his hand and seal for bringing such officer before any two justices of the peace for such county or jurisdiction ; and upon the said officer appearing, or not being found, it shall be lawful for such justices to hear and determine the matter in a summary way; and if it shall appear to such justices that any monies remain due .from such officer, such justices may and they are hereby authorized and required, upon non-payment thereof, by warrant under their hands and seals, to cause such monies to be levied by distress and sale of the goods of such officer; and if sufficient goods shall not be found to satisfy the said monies and the charges of the distress, or if it h xxvi Appendix. shall appear to such justices that such officer has refused or wilfully neglected to deliver such account, or the vouchers relating thereto, or such list as aforesaid, or that any hooks, papers, or writings relating to the execution of this Act remain in the hands or in the custody or power of such officer, and that he has refused or wilfully neglected to deliver the same, or to give satisfaction respecting the same as aforesaid, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county or jurisdiction where such offender shall be or reside, there to remain without bail until he shall have paid such monies as aforesaid, or shall have com- pounded with the said council for such monies, and shall have paid such composition in such manner as they shall appoint (which composition the said council are hereby empowered to make and receive) or until he shall have delivered a true account as aforesaid, together with such vouchers and lists as aforesaid, or until he shall 'have delivered up such books, papers, and writings, or have given satisfaction in respect thereof, to the said council, or to such other person as aforesaid, as the case may be : provided always, that no person so committed shall be detained in prison for want of suffi- cient distress only for a longer space of time than three calendar months : provided also, that nothing in this Act contained shaU prevent or abridge any remedy by action against any such officer so offending as aforesaid, or against ahy surety for any such officer, but such officer shall not be sued by action and also proceeded against in a, summary manner by virtue of this Act for the Same cause. LXI. Councils of cities and, towns leMch are counties to na/me a sTieriff.'\ And be it enacted, that in the city of Oxford, in the town of Berwick- upon-Tweed, and in the counties of the cities of Bristol, Canterbury, Chester, Coventry, Exeter, Gloucester, Lichfield, Lincoln, Norjyich, Wor- cester, and York, and in the counties of the towns of Caermarthen, Haver- fordwest, Kingston-upon-HuU, ISTewcastle-upou-Tyne, Nottingham, Poole, and Southampton, the council shall on the [first] day of November {a) in every, year appoint a fit person to execute the office of sheriff, with the like duties and powers as the sheriff or the person filling the office of sheriff in the said town and counties respectively would have had if this Act had not passed (i). LXII. In certain ioromghs, council to appoint a coroner.'} And be it enacted, that the council of every borough in which a separate court of quarter sessions of the peace shall be holden, as is hereinafter provided, shall within ten days next after the grant of the said court shall have been signified to the council of such borough, appoint a fit person, not being an alderman or couucUlor, to be coroner of such borough so long as he shaE well behave himself in his office of coroner, and shall fill up every vacancy of the office of coroner of the borough, by death, resignation, or removal, within ten days next after such vacancy shall have occurred, and none thereafter shall take any inquisition which belongs to the office of coroner within such borough save only the coroner so from time to time to be appointed : and every such coroner, for every inquisition which he shall duly take within such borough, shall be entitled to have the sum of twenty (a) Altered to the nlntli day, of November by.6 & 7 Will. c. 105, 6. 6, post, lb) The remainder of this section is repealed by tile Statute Law EevlfiiOQ Act, 8174 (37 & 38 Vict. c. 36) ; it had, in fact, expired. 5SG Will. 4, c. 76. xxvii shillings, and also tlie sum of ninepence for every mile exceeding two miles which he shall be compelled to travel from his usual place of ahode to take such inquisition, to he paid by the treasurer out of the borough fund of euch borough, by order of the court of quarter sessions for such borough. LXIII. Coroners to make returns to secretary of siafe.J And be it further enacted, that on before the first day of February in every year after the passing of tliis Act every coroner appointed in any borough shall mate and transmit to one of His Majesty's principal secretaries of state a return in writing, according to such form as the said secretary of state from time to time shall direct, of all the cases in which he may have been called upon to hold an inquest touching the cause of death of any person during the year ending on the thirty-fii'st day of December immediately preceding. LXIV. County coroners to act in other boroughs.'] And be it enacted, that in every borough in and for which no separate court of quai-ter ses- sions of the peace shall be holden, no person from and after the end of this present year shall take any inquisition which belongs to the office of coroner within such borough, save only the coroner for the county or district in which such borough is situated ; and the coroner of such county or district, for every inquisition which he shall duly take within any place or precinct within any such borough, shall be entitled to have such rateable fees and salary as would be allowed and due to him, and to be allowed and paid in like manner, as for any other inquisition taken by him within such county : provided always, that nothing in this Act contained shall extend or be con- strued to annul, diminish, or affect the authority of the lord high admiral, or of the commissioners for executing the office of lord high admiral of the United Kingdom for the time being, or of the judge of the high court of admiralty of England, as the lieutenant of the lord high admiral in the said court, to appoint coroners to act within the jurisdiction of the admi- ralty in the several ports and havens and on the sea coast of England, and to take inquisitions touching deaths happening within the said jurisdiction, as hath heretofore been done. LXV. Council empowered to remove certain officers. — Such oncers to continue until removed.'] And be it enacted, that the council elected under this Act in any borough shall have power to remove from his office every bailiff, treasurer, or chamberlain, and every other ministerial or executive officer of such borough and body corporate who shall be in office at the time of the first' election of councillors under this Act ; and every such bailiff treasurer, or chamberlain, and every other ministerial or executive officer in such borough shall continue to act in the same capacity as heretofore, and to execute all the duties heretofore belonging to his office, and be entitled to have the same salaries, fees, and emoluments as he would have had if this Act had not passed, until he shall be removed from his office, and no longer, unless he shall be reappointed according to the provisions of this Act ; and every officer who shall be in possession or receipt of any monies, goods, valuable securities, books, and papers belonging to or con. ceming the body corporate whose officer he is, shall deUver up and account for the same to the council of such body corporate appointed under this Act ; and the council shall have the same remedy against such officer to recover the same as is hereinbefore provided in the case of officers appointed by such councU : provided always, that all the charters, deeds, muniments, 62 xxviii Appendix. and records of every borough, or relating to the property thereof, shall be- kept in such place as the council from time to time shall direct, and the town clerk for the time being shall have the charge and custody of and be responsible for the same. LXVI. Officers to receive compensation on removal ; to deliver state- ment of claims. — Statement to be laid before council. — Appeal to the lords of the treasury.'] And be it enacted, that every officer of any borough or county who shall be in any office of profit at the time of the passing of this Act, whose office shall be abolished, or who shall be removed from his office under the provisions of this Act, or who shall not be reappointed as aforesaid, shall be entitled to have an adequate compensation to be assessed by the council, and paid out of the borough fund, for the salary, fees, and emoluments of the office which he shaU so cease to hold, regard being had to the manner of his appointment to the said office, and his term or interest therein, and all other circumstances of the case ; and every person entitled to such compensation as aforesaid shall deliver to the town clerk, or in case such person shall himself be town clerk then to the treasurer of the borough, a statement under the hand of such person setting forth the amount received by him or his predecessors in every year during the period of five years next before the passing of this Act on account of the salary, fees, emoluments, profits and perquisites in respect whereof he shall claim such compensation, distinguishing the office, place, situation, employment, or appointment, in respect whereof the same shall have been received, and containing a declaration that the same is a true statement according to the best of the knowledge, information, and belief of such person and also setting forth the sum claimed by him as such compensation ; and the town clerk or treasurer, as the case shall be, shall lay such statement before the council, who shall take the same into consideration and determine thereon ; and immediately upon such determination being made, the person preferring such claim, if he shall not himself be the town clerk, shall be informed thereof by notice in writing under the hand of the town clerk ; and in case such claim shall be admitted in part and disallowed in part, such notice shall specify the particulars in which the same shaU have been admitted and disallowed respectively; and in case the person preferring such claim shall think himself aggrieved by the determination of the council thereon, or in case one-third of the members of the council shall subscribe a protest against the amount of compensation allowed by the determination of the council, as excessive, it shall be lawful for the person preferring such claim, or any member of the council who shall subscribe such protest, to appeal to the lords commissioners of His Majesty's trea- sury, who shall thereupon make such order as to them shall seem just ; and such order, signed by three or more of such lords commissioners, shall be binding on all parties : provided always, that if the council shall not determine on such claim within six calendar months after the aforesaid statement shall be delivered to the town clerk or treasurer, as the case shall be, such claim shall be considered as admitted : provided also, that it shall not be lawful for any member of the council to subscribe such protest as aforesaid, except within such period of six calendar months : provided also, that the person preferring such claim, if any member of the council shall so require, upon receiving notice in writing signed by the town clerk, unless such person shaU himself be town clerk, in which case no such notice shall be requisite, shall from time to time attend at any meeting or adjourned meeting of the council for the investigation of such claim, and then and there, upon his oath or solemn affirmation, to be taken or made 5 <« 6 Will. 4, c. 76. xxk tefore the mayor (who is herehy authorized to administer the same) shall answer all such questions as shall be asked by any member of the council touching the matters set forth in the statement subscribed to such person as aforesaid, and produce all books, papers, and writings, in his possession, custody, or power relating thereto : provided also, that every such officer who shall be continued in or reappointed to such office under the provisions of this Act, and who shall be subsequently removed from such office for any cause other than such misconduct as would warrant removal from any office held during good behaviour, shall be entitled to compensation in like manner as if he bad been forthwith removed under the provisions of this Act, and had not been continued in or reappointed to such office. LXVll. Compensation to he secwed hy hand under common seal.'] And be it enacted, that the sum payable to any person as such compensation as aforesaid shall be secured to such person by bond or obligation under the common seal of the borough out of whose funds the same shall be payable, in a sufficient penalty, conditioned for the payment to such person, his executors or administrators or assigns, of such sum, with all arrears thereof (if any) accrued due before the date of such bond; and such bond or obligation shall be prepared and executed at the expense of the borough fund, and delivered to lie person entitled to such compensation as soon as conveniently may be after the amount thereof shall have been admitted as aforesaid by the council of the borough ; or shall have been determined, in the event of such appeal as aforesaid, by order of the said lords commis- eioners. TiX V 1 1 1. S^servation of certain pensions and allowances^ And be it enacted, that all pensions and allowances granted on or before the fifth day of June in this present year, by the corporate body named in the said schedules (A.) and (B.) in conjunction with any borough, to any retired officer or servant, or to the widow or child of any officer or servant, and all stipends and allowances which during seven years next before the said fifth day of June have been usually paid and granted to the minister or late minister of any church or chapel, or to the master or usher of any school, or to the governor or master of any hospital within such borough, and all charitable allowances which have been usually paid as aforesaid to the inmates of any almshouse by such corporate body, shaU. be secured, as soon as conveniently anay be after the "passing of this Act, to every person entitled or accus- tomed to have and receive the same, by bond or obligation under the common seal of the borough out of whose funds the same shall be payable, in a sufficient penalty, conditioned for the payment to such person, his executors and administrators, of such pension, stipend, or allowance, with all arrears thereof, if any, accrued due before the date of such bond ; and such bond or obligation shall be prepared and executed at the expense of the borough fund. LXIX. All acts of the council to ie decided ly a majority of coun- cillors present; one-third part of the whole number to be a quorum. — Who to preside. — Casting vote. — Notice of meetings of council.— Quarterly meetings of council. — Election of mayor."] And be it it enacted, that all acts whatsoever authorized or requu-ed by virtue of this Act to be done by the council of such borough, and all questions of adjournment or others that may come before such coun- •oil may be done and decided by the majority of the members of the council who shall be present at any meeting held in pursuance XXX Appendix. of this Act, the whole number present at such meeting not being less than one-third part of the number of the whole council; and at all such meetings the mayor, if present, shall preside; and the mayor, or, in the absence of the mayor, such alderman, or in the absence of all the aldermen, such councillor as the members of the council then assembled shall choose to be the chairman of that meeting, shall have a second or casting vote in all cases of equality of votes ; and minutes of the proceed- ings of all such meetings shall be drawn up and fairly entered into a book to be kept for that purpose, and shall be signed by the mayor, alderman, or councillor presiding at such meeting ; and the said minutes shall be open to the inspection of any burgess at all reasonable times on payment of a fee of one shUling : provided always, that previous to any meeting of the council held by virtue of this Act a notice of the time and place of such intended meeting shall be given three clear days at least before such meet- ing, by fixing the said notice on or near the door of the town hall of the borough ; and such notice shall be signed by the mayor, who shall have power to call a meeting of the council as often as he shall think proper ; and in case the mayor shall refuse to call any such meeting after a requisi- tion for that purpose signed by five members of the council at the least shall have been presented to him, it shall be lawful for the said five mem- bers to call a meeting of the council by giving such notice as is herein- before required in that behalf, such notice to be signed by the said members instead of the mayor, and stating therein the business proposed to be transacted at such meeting, and in every case a summons to attend the council, specifying the business proposed to be transacted at such meeting, signed by the town clerk, shall be left at the usual place of abode of every member of the council or at the premises in respect of which he is enrolled a burgess, three clear days at least before such meeting ; and -no business shall be transacted at such meeting other than is specified ia the notice : provided always, that there shall be in every borough four quarterly meetings in every year at which the council shall meet for the transaction of general business, and no notice shall heed to be given of the business to be transacted on such quarterly days ; and the said quarterly meetings shall be holdeu at noon on the ninth day of November, or if the ninth day of November shall fall on a Sund&y, on the day following, and at such hour on such other three days before the first day of KTovember then next following as the council at the quarterly meeting in November shall decide ; and the first business transacted at the quarterly meeting in November shall be the election of mayor. LXX. Council ma^ appoint committees.'] And be it enacted, that it shall be lawful for the council of any borough to appoint out of their own body, from time to time, such and so many committees, either of a general or special nature, and consisting of such number of persons as they may think fit, for any purposes which in the discretion of such council, would be better regulated and managed by means of such committees : provided always, that the acts of every such committee shall be submitted to the council for their approval. LXXI. Charitaile trustees.] And whereas divers bodies corporate now stand seised or possessed of sundry hereditaments and personal estate, in trust, in whole or in part for certain charitable trusts, and it is expedient that the administration thereof be kept distinct from that of the public stock and borough fund ; be it enacted, that in every borough in which the 5(0 6 Will. 4, c, 76. xxxi Txjdy corporate, or any one or more of the members of such body cor- porate, in his or their corporate capacity, now stands or stand solely, or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, seised or possessed for any estate or interest whatsoever of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part in trust or for the benefit of any charitable uses or trusts whatsoever, all the estate, right, interest, and title, and aJl the powers of such body corporate, or of such member or members of such body corporate, in respect of the said uses and trusts, shall continue in the persons who at the time of the passing of this Act are such trustees as aforesaid, notwithstanding that they may have ceased to hold any office by virtue of which before the passing of this Act they were such trustees, until the first day of August one thousand eight hundred and thirty-six, or untU parliament shall other- wise order, and shall immediately thereupon utterly cease and determine : provided always, that if any vacancy shall be occasioned among the charitable trustees for any borough before the said first day of August, it shall be lawful for the lord high chancellor or lords commissioners of the great seal for the time being, upon petition, in a summary way, to appoint another trustee to supply such vacancy j and every person so appointed a trustee as last aforesaid shall be a trustee until the time at which the person in the room of whom he was chosen would regularly have ceased to be a trustee, and he shall then cease to be a trustee ; provided also, that if par- liament shall not otherwise direct, on or before the said first day of August one thousand eight hundred and thirty-six, the lord high chancellor or lords commissioners of the great seal shall make such orders as he or they shall see fit for the administration, subject to such charitable uses or trusts as aforesaid, of such trust estates. LXXII. Council to act as trustees where corporators were ex officio sole trustees.'] And be it enacted, that the body corporate named in the said schedules (A.) and (B.) in conjunction with any borough shaE be trustees for executing by the council of such borough the powers and provisions of all Acts of parliament made before the passing of this Act (other than Acts made for securing charitable uses and trusts), and of all trusts (other than charitable uses and trusts) of which the said body corporate, or any of the members thereof in their corporate capacity, was or were sole trustees before the time of the first election of councillors in such borough under this Act. LXXIII. Council to appoint a limited mimber of councillors to he joint trustees for certain purposes.~\ And be it enacted, that in every borough in which the body corporate, or a particular or limited number, class, or description of members of the body corporate, or of persons appointed by the body corporate, was or were before the passiug of this Act trustees jointly with other trustees for the execution of any Act of parhament, or of any trust, or in which the body corporate, or any particular or limited number, class, or description of members or nominees of the body corporate by any statute, charter, bye-law, or custom was or were before the passing of this Act lawfully appointed to or exercised any powers, duties, or functions whatsoever not otherwise herein provided for, and the con- tinuance of which is not inconsistent with the provisions of this Act, the council of such borough on the day named in such Act as last aforesaid. Xxxii Appendix. or in the deed or will by which such trust is created for a new election, nomination, or appointment of trustees, or on which such new election, nomination, or appointment has usually heen made (and if there shall he no such day named or usually observed, then on the first day of January in every year), shall appoint the hke number of members of the council, or as near as may be to the like number of members of the council, as there was theretofore members or nominees of such corporate body who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in room of the members or nominees of such corporate body ceasing to be trustees, or ceasing to exercise such powers, duties, aud functions by virtue of this Act, and in every case of extra- ordinary vacancy among the trustees or persons so appointed by the council shall forthwith appoint one other member of the council in the room of the person by whom such vacancy has been made, and to hold his trust or office for such time as the person by whom such vacancy has been made would regularly have held it. LXXIV. Present trustees of certain, Acts, contimied for a defimte time (a). LXXV. Fomers vested in trustees may he transferred to cov/noillors (5). LXXVI. A watch committee to he appointed to consist of the mayor and counoilmen ; such committee to appoint conMahles for the borough, — Constables to be for the county, ^c, as well as borough.^ And be it enacted, that the council to be elected for any borough sh^, immediately after the first election, and so from time to time thereafter as they shall deem expedient, appoint, for such time as they may think proper, a suffi- cient number of their own body, who, together with the mayor of the borough for the time being, shall be and be called the watch committee for such borough ; and all the powers hereinafter given to such committee may be executed by the majority of those who shall be present at any meeting of such committee, the whole number present at such meeting being not less than three ; and such watch committee shall, within three weeks after their first formation, and so from time to time thereafter as occasion shall require, appoint a sufficient number of fit men who shall be sworn in before some justice of the peace having jurisdiction within the borough to act as constables for preserving the peace by day and by night, and preventing robberies and other felonies, and apprehending ofienders against the peace ; and the men so sworn shall not oiJ.y within such borough, but also within the county in which such borough or part thereof shall be situated, and also within every county being within seven miles of any part of such borough, and also within all liberties in any such county, have all such powers and privileges, and be liable to all such duties and responsibilities, as any constable duly appointed now has or hereafter may have within his constahlewick by virtue of the common law of this realm, or of any statutes made or to be made, and shall obey all such lawfiil commands as they may from time to time receive from any of the justices of the peace having jurisdiction within such borough, or within any county in which they shall be called on to act as constables, for conducting themselves in the execution of their office. (a) Repealed— Statute Law Revision Act, 1874 (37 & 88 Vict. c. 35). (6) Kepealed 20 & 21 Vict. c. 60, b. 2, post. 5S6 Will. 4, c. 76. xxxiii L X XVii. Watch committee to maTce regulations for the management of the constables.1 And be it enacted, that the watch committee for any snch horough as aforesaid may from time to time frame such regulations as they shaB deem expedient for preventing neglect or ahnse, and for render- ing such constables efficient in the discharge of their duties ; and the said committee, or any two justices of the peace having jurisdiction within the borough, may at any time suspend or dismiss any constable whom they shall think negligent in the discharge of his duty, or otherwise unfit for the same ; and when any man shall be so dismissed, or cease to belong to the said constabulary force, all powers vested in him as a constable by virtue of this Act shall immediately cease ; and no man so dismissed as aforesaid shall be re-appointed without the consent of two of the justices of the peace having jurisdiction within the borough. LXXVUI. Power to constables to a/pprehend disorderly persons, ^c] And be it enacted, that it shall be lawful for any constable, during the time of his being on duty, to apprehend all idle and disorderly persons ■whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of intention to commit a felony, and to deliver any person so apprehended into the custody of the constable appointed under this Act, who shall be in attendance at the nearest watch-house, in order that such person may be secured until he can be brought before a justice of the peace to be dealt with according to law, or may give ball for his appear- ance before a justice of the peace, if the constable shall think fit to take bail, in the manner hereinafter mentioned. TiXXTX. Constables attending at the watch-houses in the night may take tail by reoognizam,ce from persons brought before them for petty misde- meanors, such recognizance to be conditioned for the appearance of the parties before a magistrate.'] And be it enacted, that where any person charged with any petty misdemeanor shall be brought without the warrant , of a justice of the peace into the custody of any constable appointed under this Act, during his attendance in the night-time at any watch-house within any such borough as aforesaid, it shall be lawful for such constable, if he shall think fit, to take bail by recognizance, without any fee or reward, from such person, conditioned that the person shall appear for examination ■within two days before a justice of the peace within the borough at_ some time and place to be specified in the recognizance; and every recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating thereof as if the same had been taken before a justice of the peace; and the constable shall enter in a book, to be kept for that purpose in every watch-house, the names, residence, and occupation of the party, and his surety or_ sureties, if any, entering into such recognizance, together with the condition thereof, and the sums respectively acknowledged, and shall lay the same before such justice as shall be present at the time and place when and where the party is required to appear ; and if the party does not appear at the time and place required, or -within one hour after, the justice shall cause a record of the recognizance to be drawn up to be signed by the constable, and shall return the same to the next general or quarter sessions of the peace for the borough, or for the county in which such borotgh is situate, in those boroughs for which there shall be no separate general or quarter sessions; of the peace, with a certificate at the back thereof, signed by such justice;. that the party has not complied with the obligation therein contamed ; and the clerk of the peace shall make the like estreats and schedules of every b 3 xxxiv Appendiao, such recognizance as of recognizances forfeited in the sessions of the peace ; and if the party not appearing shall apply by any person on Ma behalf to postpone the hearing of the charge against him, and the justice shall think fit to consent thereto, the justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint : and when the matter shall be heard and determined, either by the dismissal of the com- plaint or by binding the party over to answer the matter thereof at the sessions, or otherwise, the recognizance for the appearance of the party before a justice shall be discharged without fee or reward. LXXX. FenalUes on constables for neglect of AutyJ] And be it enacted, that if any constable of any borough shall be guilty of any neglect of duty or of any disobedience of any lawful order, every such offender, being convicted thereof before any two justices of the peace, shall for every such offence be liable to be imprisoned for any time not exceeding ten days, or to be fined in any sum not exceeding forty shillings, or to be dismissed from his office, as such justices shall in their discretion think meet. LXXXI. penalty for assmdts on constables^ And be it enacted, that if any person shall assault or resist any constable of any borough 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 thereof before any two justices of the peace, shall for every such oflfence forfeit and pay such sum not exceeding five pounds as the said justices shall 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 prosecuted by indictment and also pro- ceeded against ander this Act for the same offence. LXXXII. Regulation ami payment of expenses. — Jtewards for acti- mty, Sfc.'] And be it enacted, that the treasurer of every borough appointed under this Act shall pay to the constables of such borough appointed under this Act such salaries, wages, and allowances, and at such periods, as the watch committee for such borough shall, sub- ject to the approbation 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 apprehending offenders and executing the orders of any justice of the peace having jurisdic- tion within such borough, such expenses having been first examined and approved by such justice ; and the said treasurer shall also pay such further sums as the watch committee shall, subject to the approbation of the council, award to any of the persons belonging to the said constabulary force, as a reward for extraordinary diligence or exertion, or as a compen- sation for wounds or severe injuries received in the performance of their duty, or as an allowance to such of them 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 con- stabulary force under this Act. LXXXIII. Magistrates to appoint amrmalh/ a certain rmmher of persons to act as special constables.'] And be it enacted, that any two or more of the justices of the peace having jurisdiction within any borough are hereby authorized and required in the month of October in every year to nominate and appoint by precept, in writing under their hands, bo many 5 rf 6 Will. 4, c. 76. XXXV as they shaU think fit of the inhabitants of such borough (not legallv exempt from serving the office of constable), to act as special constables •withm such_ borough whensoever they shall be required by the warrant of any of the justices of the peace having jurisdiction within such borough so to act, and not otherwise ; and every such warrant shaU recite that in ■the opinion of the justice granting the same the ordinary police force of the borough is insufficient at that time to maintain the peace of the borough ; and every person so appointed a special constable shall take the oath set forth in the Act passed in the session of parliament holden in the first and second years of the reign of His present Majesty, intituled An Act for amending the Laws relative to tie Appointment qf Special Con- stables, and for the letter preservation of the Peace, (a) and shall have the powers and immnnities and be liable to the duties and penalties enacted by the said last-mentioned Act ; and every person so appointed a special con- stable shall receive, out of the borough fund, for every day during which he shall be called out to act as such, the sum of three shillings and six- pence, and no more, LXXXIV. On notice of appointment of constables the present provisions in local Acts, as to watching, ^c, to cease. — Watch-hoxes, t^c, to ie given vp.'] 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 constables shall begin to act shall be fixed on the door of the the town hall and every church within such borough ; and on the day so specified in such notice * * * (5) so much of all Acts made before the passing of this Act as relates to the appointment, regulation, powers, and duties, or to the assessment or collection of any rate to provide for the expenses of any watchmen, constables, patrol, or police for any place situated within such borough, shall cease and determine ; and all watch- houses and watch-boxes in any such place, and all arms, accoutrements, and other necessaries provided at the public expense for any watchmen, con- stables, patrol, or police therein, shall be given up to such persons as shall he named by the said mayor in such notice, for the use and accommodation of the constables to be appointed under this Act, and aU the property so to be given up shall be deemed to belong to the body corporate of such borough ; and in case any person 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 hereinbefore required, every such offender, being convicted thereof before any two jus- tices of the peace, shall for every such offence forfeit and pay, over and above the value of the property not given up, such sum not exceeding five pounds as the said justices 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 shaU be given np every day from the hour of four in the afternoon until the hour of nine in the forenoon, for the use and accommodation of the constables to be appointed under this Act; and if any person, having the charge, control, or possession of any such building shall neglect or refuse to give up such part thereof for the purposes aforesaid, or to permit free access thereto or egress therefrom during any portion of the time above prescribed, every (ffi) 1 & 2 Will. 4, c. 41. (S) Part of tliis section is repealed by the Statute Law Revision Act, 1874 (37 & 38 Tlct. c. 36). xxxvi Appendix. such offender, being convicted thereof before any two justices of the peace shall for every such offence forfeit and pay such sum not exceeding five pounds as the said justices shall think meet : provided nevertheless, that in every case in which before the passing of this Act a rate might be levied in any borough for the purpose of watching, conjointly with any other pur- pose, nothing in this Act contained shall be construed to prevent the levying and coUecting of such rate for such other purpose solely, or to repeal the powers given in any Act so far as the same relate to such other purpose : provided always, that where the amount of such rate before the passing of this Act might not exceed a given rate in the pound on the value of property rateable thereunto, the rate so to be levied for such other purpose solely shall not exceed such proportion of the said given rate in the pound as shall appear to have been expended for such purpose other than watching by an account of the average yearly expenditure during the last seven years, or where such rate shall not have been levied during seven years, then during such less number of years as such rate shall have been levied. LXXXV. Proviso as- to rates in arrear, and as to debts.l Provided always, and be it enacted, that any rate for defraying the expenses of any watchmen, constables, patrol, or police in any such place as aforesaid, made previously to the day specified in such notice as aforesaid, shall be levied and collected in the same manner as if this Act had not been passed : pro- vided also, that nothing herein contained shall prevent the levying and collecting of any rate in any such place as aforesaid for the purpose of paying any debt contracted before the passing of this Act, or the interest of any such debt, but that such rate shall and may be levied and collected in the same manner as if this Act had not been passed. LXXXVI. Watch committee to transmit quarterly to the secretary of state a copy of their rules, ^c] And be it enacted, that the watch com- mittee of every such borough shall, on the first day of January, the first day of AprU, the first day of July, and the first day of October in every year, transmit to one of His Majesty's principal secretaries of state (a) a copy of all rules, orders, and regulations which shall from time to time be made by such watch committee or by the council of such borough for the regulation and guidance of such constables or policemen. LXXXVn. Power for council to order parts of a horough not within a Uical Act as to lighting to be included in such Act.'\ And whereas parts of certain boroughs are within the provisions of one or more local Act or Acts for regulating the lighting thereof, and certain other parts of the same boroughs are not vrithin the provisions of any local Act for regulating the lighting thereof, and for want of such lighting the efBciency of the con- stables may be much diminished, and great facilities afforded for the com- mission 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 paii; of such borough not being within the provisions of any local Act for the lighting thereof shall from and after a certain day to be named in such order, be taken to be within the provisions of such local Act or Acts (o) That part of this section which requhred the watch committee to transmit a S'cT 1 ,• T^P*"^ "^ the number of constables. Sic, Is repealed by 21 & 22 Tlot. 5 <^ 6 Will. 4, c. 76. xxxvii for lighting any part of suchtorough aathe common council (J) 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 folly as if such part had been originally named in such Act or Acts, anything in such Act or Acts to the contrary notwithstanding : provided always, that every part named in such order shall be lighted in the like manner as those parts which before the making of such order were within the provisions of such local Act, and that the rate to be raised for the pur- pose of defraying the expenses of lighting any part so named in such order shall not exceed the average expense in the pound of the lighting of the other parts of such borough. LXXXVm. Council may assume the powers of inspectors under 3^4 Will. 4, c. 90, for lighting any part of the iorough not within a local Act for lighting the same.'] And be it enacted, that if the council of any borough chosen under this Act shall, by public notice to be afixed on the outer door of the town hall or in some public place within the borough, declare that on a certain day, to be named in such notice, not less than twenty-one days after the day on which such public notice shall have been given, they will take 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 Sis late Majesty King George the Fourth for the lighting and watching of Parishes in England and Wales, and to muke other provisions in lieu thereof, so far as the same relates to the lighting of the whole or any part of any borough which is not within the provisions of any local Act, or in which there is no power of levying rates for lighting the same, the council of such borough shall, after the day named in such notice, have the same powers and duties as belong to inspectors under the said last-recited Act iu regard to lighting, and to levying rates for the purpose of lighting such part of the borough, except so far as the same are contrary to or inconsistent with the provisions of this Act ; and in such case the council shall have the sole power to fix and determine the amount of money which they will call for in any one year for the pur- pose of lighting such part of the borough, so that such sum shall not exceed the rate of sixpence in the pound on the full and fair annual value of all property ratable to the relief of the poor within such part of the borough : provided also, that it shall not be lawful in such case for the inhabitants of such part of the borough at any time to determine that the provisions of the said recited Act shall cease to be acted upon. LXXXIX. Act not to interfere with the regulations for the government, ^c, of dockyards, arsenals, ifc] Provided always, and be it enacted, that nothing herein contained shall be construed to interfere with the watching, paving, or lighting, and internal regulations established for the government and security of any of His Majesty's dockyards, victualling establishments, arsenals, and barracks, respectively j nor shall any of the -tenements within the said dockyards, victualling establishments, arsenals, or barracks, or the inhabitants of the same, be liable to be assessed to the rates for watching, paving, or lighting the other parts of the city, borough, or parish within which the same may be respectively situated, unless such tenements or the inhabitants thereof are now or may hereafter become liable to be assessed to any such rates made under or by virtue of (6) i. e. " the council " as previouBly mentioned xxxviii Appendix, any law or statute now in force; nor shall anything herein contained extend to defeat or affect the authority of the justices of peace which by an Act passed in the second year of his present Majesty's reign, intituled An Act to amend the laws relating to the Iwsiness of the civil depart- ments of the navy and to malee other regulations for more effectually carrying on the duties of the said departments, (a) is vested in the commis- sioners for executing the ofBce of lord high admiral of the United Kingdom * * * (i) in all places and in. all matters relating to His Majesty's naval service, and to the stores, provisions, ammunition, and accounts thereof. XC. Council to have power to maJce h/e-laws.] And he 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 prevention and suppression of all such nuisances as are not already punishable in a summary manner by virtue of any Act in force throughout such borough, and to appoint by such bye-laws such fines as they shall deem necessary for the prevention and suppression of such offences : provided that no fine so to be appointed shall exceed the sum of 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 Majesty's principal secretaries of state, and shall have been afiixed on the outer door of the town hall or in some other public place within such borough ; and if at any time within the said period of forty days His Majesty, with the advice of his privy councU, shall disallow the same bye-law or any part thereof, such bye-law or the part thereof disallowed shall not come into operation : provided also, that it shall be lawful for His Majesty, if he shall think fit, at any time within the said period of forty days, to enlarge the time within which such bye- law, if disallowed, shall not come into force ; and no such bye-law shall in that case come into force until after the expiration of such enlarged time. XCI. As to ireaches of lye-laws.'] And be it enacted, that all the pro- visions hereinafter contained 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. XCII. All corporate property and alljmes received to ie carried to the account of the borough fund. — Payment of dehts, Sfc, salaries of recorder, town cleric, treasurer, and other officers, and election expenses to ie paid out of such fwnd.'] And be it enacted that after the election of the treasurer in any borough the rents and profits of all hereditaments, and the interest, dividends, and annual proceeds of aU monies, dues, chattels, and valuable securities belonging or payable to any body corporate named in conjunction with the said borough in the said schedules (A.) and (B.), or to any member or oficer thereof in his corporate capacity, and every fine or penalty for any offence against this Act (the application of which has not already been provided for), shall be paid to the treasurer of sucb borough ; and all the monies which he shall so receive shall be carried by him to the account of a fund to he called "the borough fundj" and such fuad, subject to the payment of any lawful debt due from such body (o) 2 & 3 Will. 4, c. 40. (b) Part of tMs eectiou is repealed by the Statute Law Kevislon Act, 1874 (37 & S8 Vict. 0. 86). 5SQ Will. 4, c. 76. XXXIX corporate to any person, which shall have heen contracted hefore the passing of this Act, and unredeemed, or of so much thereof as the council of such borough from time to time shafl be required or shall deem it expedient to redeem, and to the payment from time to time of the interest of so much thereof as shall remain unredeemed, and saving aU rights, interests, claims, or demands of all persons or bodies corporate in or upon the real or personal estate of any body corporate by virtue of any pro- ceedings either at law or in equity which have been already instituted or which may be hereafter instituted, or by virtue of any mortgage or other- wise, shall be applied towards the payment of the salary of the mayor, and of the recorder and of the police magistrate hereinafter mentioned (c) when there is a recorder or police magistrate, and of the respective salaries of the town clerk and treasurer, and of every other officer whom the council shall appoint, and also toward the payment of the expenses incurred from time to time in preparing and printing burgess lists, ward lists, and notices, and in other matters attending such elections as are herein men- tioned, and, in boroughs which shall have a separate court of sessions of the peace as is hereinafter provided, towards the expenses of the prosecu- tion, maintenance, and punishment of offenders, and towards such other sum to be paid by snch borough to the treasurer of such county as is hereinafter provided (d), and towards the expense of maintaining the borough gaol, house of correction, and corporate buildings, and towards the pay- ment of the constables, and of all other expenses not herein otherwise provided for which shall be necessarily incurred in carrying into effect the provisions of this Act ; and in case the borough fund shall be more than sufficient for the purposes aforesaid, the surplus thereof shall be applied, under the direction of the council, for the public benefit of the inhabitants and improvement of the borough : provided that it shall not be lawful for the council to be elected under the provisions of this Act, in any borough in which the body corporate named in conjunction with the said borough in the said schedules (A.) and (B.), before the time of the passing of this Act shall have contracted any lawful debt chargeable on any tolls or dues belonging or payable to the said body corporate, or to any member or officer thereof in his corporate capacity, or towards the satisfaction whereof such tolls or dues or any part thereof were applicable before the passing of this Act, to alter or reduce the amount to be levied and payable of such tolls or dues, or to grant for any consideration any remission of or exemption from such tolls or dues or any part thereof, unless with the consent in' writing under the hands of a majority in number and amount of the creditors to whom such debt is due, until after such debt and all arrears of interest due thereon shall have ■'Seen fuUy paid and satisfied ; and in case the borough fund shaU not be sufficient for the purposes aforesaid, the council of the borough is hereby authorized and required from time to time to estimate, as correctly as may be, what amount, in addition to such fund, win be sufficient for the payment of the expenses to be incurred in carrying into effect the provisions of this Act ; and in order to raise the amount so estimated the said council is hereby authorized and required from time to time to order a borough rate in the nature of a county rate to be made within their borough, and for that purpose the council of such borough shall have within their borough all the powers 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 an Act made in the fifty-fifth year of His late Majesty King George the (c) See sects. 99 and 103, («) See sect. 114. xl Appendix. Third, intituled An Act to amend an Act of Sis late Majesty King George the Second, for the more easy assessing, collecting, and levying of county rates (a), or as near thereto as the nature of the case will admit, except as is hereinafter excepted; and all warrants required hy the said Act to be issued under the hands and seals of two or more justices shall in like case he signed by the mayor, and sealed with the seal of the borough : provided that such council shall not be empowered to receive, hear, or determine any appeal against any such rate ; and if any person shall think himself aggrieved by any such rate it shall he lawful for him to appeal to the re- corder hereinafter mentioned (J) at the next quarter sessions for the borough in which such rate has been made, or in case there shall be no recorder vrithin such borough, to the justices at the next court of quarter sessions for the county within which such borough is situate or whereunto it is adjacent ; and such recorder or justices respectively shall have power to hear and determine the same, and to award relief in the premises, as in the case of an appeal against any county rate ; and all such sums levied in pursuance of such borough rate shall be paid over to the account of the borough fund, and, subject to the provisions hereinbefore contained, shall •be applied to all purposes to which before the passing of this Act a borough rate or county rate was by law applicable in such borough or county : pro- vided that in every case in which before the passing of this Act any rate might be levied in any borough, or in any parish or place made part of any borough under the provisions of this Act for the purpose of watching solely by day or by night, or for the purpose of watching hy day or by night conjointly with any other purpose, it shall be lawful for the council of such borough to levy a watch rate sufficient to raise any sum not greater than the average yearly sum which during the last seven years, or where such rate shall not have been levied during seven years then during such less number of years as such rate shall have been levied, shall have been expended in the maintenance and establishment of watchmen, constables, patrol, or policemen within the district in which such rate was levied, and for that purpose the council shall have all the powers hereinbefore given to the council in the matter of the borough rate ; and where any part of any borough shall not at the time of the passing of this Act be witMn the provisions of the Act authorizing the levy of such rate for watching as aforesaid it shall be lawful for the council from time to time to order that such part, or so much thereof as to the council shall seem fit, shall be rated to the watch rate in like manner as other parts of the borough to he speci- fied in such order, and such watch rate thereupon shall be levied within the part mentioned in such order in like manner as in the other parts of the borough so specified, and all such sums levied in pursuance of such watch rate shall be paid over to the account of the borough fund : pro- vided always, that no such order as last aforesaid shall be made for rating to such watch rate any part of any borough in which at the time of pass- ing this Act such rate as aforesaid shall not be levied, and which is more than two hundred yards distant from any street or continuous line of houses which shall be regularly watched within the borough under the provisions of this Act : provided also, that nothing in this Act contained shall be construed to render liable to the payment of any debt conti'acted before the passing of this Act by any body corporate any part of the real (a) This Act (65 Geo. 3, c. 61) is repealed (except sect. 17, as to the allowance to the comity treaaurer) by 16 & 16 Vict. c. 81 (s. 1)—" An Act to consolidate and amend the Statutes relating to the Assessment and Collection of County Bates in Sngland and Wales." 0>) See sect. 103. 5d6 Will. 4, c. 76. xli or personal estate of the said tody corporate which hefore the passing of this Act was not liable thereto, or to authorize the levy of any rate within any part of any horough for the purpose of paying any debt contracted before the passing of this Act which before the passing of this Act could not lawfully be levied therein towards the payment of the same. XCni. Accownts of receipts and disbursements to le Icept, audited, and published.'] And be it enacted, that the treasurer of every borough shall, in books to be kept for that purpose, enter true accounts of all sums of money by him received and paid, and of the several matters for which such sums shall have been received and paid ; and the books containing the accounts shall at all seasonable times be open to the inspection of any of the aldermen or councillors of such borough; and all the accounts, with all vouchers and papers relating thereto, shall, in the months of March and September in every year, be submitted by the treasurer of the borough to the auditors hereinbefore provided to be elected (c), and to such member of the councU as the mayor shall name on the first day of March in every year, or in case of extraordinary vacancy within ten days next after such vacancy, for the purpose of being examined and audited, from the first day of September in the year preceding to the first day of March, and from the first day of March to the first day of September in the year in which the said auditors were elected and named, and if the said accounts shall be found to be correct, the auditors shall sign the same ; and after such accounts shall have been so examined and audited in the month of September in every year, the treasurer shall make out in writing, and shall cause to be printed, a full abstract of his accounts for the year, and a copy thereof shall be open to the inspection of all the ratepayers of such borough, and copies thereof shall be dehvered to all ratepayers of such borough applying for the same, on payment of a reasonable price for each copy. XCIV. Power of sale and leasing restrained.] And be it enacted, that it shall not be lawful for the council of any body corporate to be elected xmder this Act to sell, mortgage, or alienate the lands, tenements, or heredita- ments of the said body corporate, or any part thereof, except in pursuance of, some covenant, contract, or agreement bond fide made or entered iuto on or before the fifth day of June in this present year, by or on behalf of the body corporate of any borough, or of some resolution duly entered in the corporation books of such body corporate on or before the said fifth day of June, or to demise or lease, except in pursuance of some covenant, con- tract, or agreement bond fide made or entered into on or before the said fifth day of June by or on the behalf of such body corporate, or in pursu- ance of some resolutions duly entered in the corporation books of such body corporate on or before the said fifth day of June, or except in the cases hereinafter mentioned, any lands, tenements, or hereditaments of such body corporate, or any part thereof, or to enter into any new cove- nant, contract, or agreement (except in the cases hereinafter mentioned {d)) for demising or leasing any such lands, tenements, or hereditaments, or any part thereof, for any term exceeding thirty-one years from the time when such lease shall be made, or if made in pursuance of a previous agreement, then from the time when such agreement shall have been entered into j and in every lease which the said council is not hereby restrained from making there shall (except in the cases hereinafter mentioned() See 28 & 29 Vict. c. 127. 5S6 Will. 4, c. 76. Iv CXXXI. Appeal against conmctions under this Aef] And be it enacted tjiat any person who shall think himself aggrieved by any summary conyic- tion in pursuance of this Act may appeal to the next court of general or quarter sessions of the peace to be holden not less than twelve days after such conviction for the county or for the borough wherein the cause of complaint shall have arisen, provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with a suflScient surety, before a justice of the peace, within such three days, or at any time during his custody, on giving to the complainant three days' notice in writing of his intention so to do and of the name, description, and place of abode of his proposed surety, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given and such recognizance entered into the justice before whom the same shall be entered into shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet, and in case of the dismissal of the appeal' or the affirmance of the conviction shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. CXXXII. TVo certiorari, S;c. — As to informality in warrants, ^c.'] And be it enacted, that no conviction, order, warrant, or other matter made or pur- porting to be made by virtue of this Act shall be quashed for want of form, or be removed by certiorari or otherwise into any of His Majesty's courts of record at Westminster; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be therein alleged that it ia founded on a conviction, and there be a good and valid conviction to sustain the same ; and where any distress shall be made for levying any money by virtue of this Act the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other pro- ceedings relating thereto, nor shall the party distraining be deemed a tres- passer ab initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover fuU satisfaction for the special damage, if any, in an action upon the case. CXXXni. Verme in proceedings against persons acting under this Act."] And for the protection of persons acting in the execution of this Act, be it enacted, that all actions and prosecutions to be commenced agaiost any person for anything done in pursuance of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon ; and no plaintiif shall recover in any such action if teiider of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action Ivi Appendix. brought by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any- such action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases. CXXXrV. Enactment as to Oinqme Forts.'] And be it enacted that * * * (a) the recorders, clerks of the peace, and coroners of the said towns and ports [Hastings, Sandwich, Dovor, and Hythe], and ancient town [Eye] respectively, or of such of them to which His Majesty shall grant a separate court of quarter sessions of the peace respectively, shall and may have and exer- cise the same jurisdiction, powers, and authorities within all places within or subject to the jurisdiction of such courts respectively, as within the said ancient towns and ports and ancient town respectively of which they are or may be appointed recorders, clerks of the peace, or coroners. CXXXV. Jurisdiction of the Cingue Forts further preserved (fi). — Fro- 'ciso as to juries in the Cinque Forts liberties.'] And be it enacted that the justices of the peace of the towns and ports of Hastings, Sandwich, Dovor, and Hythe, and of the ancient town of Rye, or of such of the said towns and ports and ancient town as shall have justices of the peace assigned to them by virtue of this Act, shall and may have and exercise the same jurisdiction, powers, and authorities over offences and matters committed, arising, and happening within the ancient members and liberties not being corporate of such towns and ports and ancient town respectively, as such justices shall and may have and exercise within the towns and ports and ancient town for which they are or may be respectively justices of the peace; and also His Majesty's justices of the peace, acting tmder the authority of a commission or commissions, issued by virtue of an Act passed in the fifty-first year of the reign of His late Majesty King George the Third, intituled An Act to facilitate the execution of justice within the Cinque Forts (c), shall and may have and exercise all the juris- diction, powers, and authorities given to such justices by such Act of parliament, as well within the members and liberties not being corporate of the said towns and ports and ancient town respectively as within the said towns named in the schedules to this Act being corporate members and liberties thereof, or any of them, or any of the said towns and ports and ancient town which shall not have justices of the peace assigned to them by virtue of this Act : provided always, that nothing herein contained shall affect the liability of all inhabitant householders within any of the members and liberties of the Cinque Forts and aifcient towns thereof, not being cor- porate, to serve on juries at quarter sessions as heretofore. CXXXVI. Act not to affect letters patent founding a gra/mma/r school at Louth. Provided always, and be it enacted, that nothing contained in this Act shall alter or affect certain letters patent bearing date in the fifth year of the reign of His Majesty King Edward the Sixth, founding a free grammar school at Louth, in the county of Lincoln, and creating a body (ct) Enactment as to preeervatiou of jurisdiction of the Cinque Ports, repealed and fresh provisions made. 6 & 7 Will. 4, c. lOS, s. 10, post. (V) Kepealed as to places severed from Dover under 18 & 19 Vict, c, 48, s. 6, post. (c) 51 Geo. 3, c. 36. 5 d-6 Will. 4, c. 76. hit corporate for the majiagement and regulation thereof, and for the benefit of twelve poor persons mentioned in the said letters patent, by the name of the " warden and six assistants of the town of Louth and free school of King Edward the Sixth in Louth ;" but that the said warden and assistants shall continue and be a body corporate with perpetual succession under the provisions of the said letters patent, for the management and regulation of the said school and the purposes aforesaid only, and shall remain and be seised of and entitled to all lands, tolls, tenements, and hereditaments now vested in them for the purposes therein mentioned, in the same manner to all intents and purposes as if this Act had not been passed. pXXXVII. Saving of the rigMs of the universities of Oxford and Cam- Iridge.'] And be it enacted, that nothing in this Act contained shall be construed to alter or affect the rights or privileges, duties or liabilities, of the chancellor, masters, and scholars of the universities of Oxford or Cambridge respectively, as by law possessed under the respective charters of the said universities or otherwise, or to entitle any person to be enrolled a citizen of the city of Oxford or burgess of the borough of Cambridge, by, reason of his occupation of any rooms, chambers, or premises in any of the colleges or halls of the universities of Oxford or Cambridge, or either of them, or to compel any resident member of either of the said universities to accept any office in or under the body corporate of the mayor and citizens of the city of Oxford, or of the mayor and burgesses of the borough of Cam- bridge, or to authorize the levy of any rate within the precincts of the said imiversities, or of any of the colleges or halls of the same, which now by law cannot be levied therein. CXXXVUI. Not to affect jurisdiction over precincts of cathedrals, nor rights of university of Durham.'] And be it enacted, that all the jurisdic- tions and authorities now exercised in and over the precinct or close of any cathedral shall be continued, as if this Act had not been passed, concur- rently with the jurisdiction and authority of the justices of the peace of the borough within which such close is situated ; and that nothing hereiu con- tained shall affect or interfere with the rights and privileges granted by charter or Act of parliament to the university of Durham. CXXXIX, In cases where hodies certiorate are seised in their corporate capacity of advowsons, tSfc, the same may be sold as ecclesiastical commis* sioners may direct. — Vacancy arising h^ore sale to he swppUed hy hishop of the diocese^ And be it enacted, that in every case in which any body corporate, or any particular class, number, or description of members, or the governing body of any body corporate, now is or are in their corporate capacity, and not as charitable trustees, according to the meaning and pro- visions of this Act, seised or possessed of auy manors, lands, tenements, or hereditaments whereunto any advowson or right of nomination or presen- tation to any benefice or ecclesiastical preferment is appendeut or appurte- nant, or of any advowson in gross, or hath or have any right or title to nominate or present to any benefice or ecclesiastical preferment, every such advowson and every such right of nomination and presentation shall be sold at such time and in such manner as the commissioners aj^pointed by His Majesty to consider the state of the established church in England and Wales with reference to ecclesiastical duties and revenues may direct, so that the best price may be obtained for the same ; and it shall be lawful for the council of such body corporate, and they are hereby authorized and required, with the consent of the said commissioners or any three or more of c3 Iviii Appendix, them, in writing under their hands, to convey and assure under the common eeal of such body corporate such advowson or such right of nomination or presentation as aforesaid to the purchaser or purchasers thereof respectively, his or their heirs, executors, administrators, and assigns, or to such uses as he or they shall direct ; and the proceeds of every such sale shall be paid to the treasurer of the borough, whose receipt shall be a sufficient and effectual discharge to the purchaser or purchasers to whom the same shall be given for the amount of his or their purchase money, and shall be by him invested in government securities for the use of the body corporate, and the annual interest payable thereon shall be carried to the account of the borough fund : provided always, that in any case of vacancy arising before any such sale shall have taken place and been completed, such vacancy shall be supplied by the presentation or nomination of the bishop or ordinary of the diocese in which such benefice or ecclesiastical preferment is situated. CXLII. (a). Interpretation Clauses.'] And be it enacted, that in the con- struction of this Act the word "borough" shall be construed to mean city, borough, port. Cinque Port, or town corporate, named in one of the said schedules (A.) and (B.); and the words " body corporate " shall be con- strued to mean body corporate named in one of the said schedules (A.) and (B.) ; and the word " burgess " shall be construed to mean citizen in the case of a city ; and the word " county " shall be construed to mean county, riding, parts, liberty, or division ; and the word " trustees " should be con- strued to mean trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, by whatever name they are designated ; and the word " parish " shall be construed to mean parish, township, vUl, hamlet, chapelry, tithing, district, precinct, or place main- taining its own poor ; and the words " overseers of the poor " shall be construed to mean all persons who execute the duties of overseers of the poor ; [and that in all things hereinbefore provided to be done, until the first election of councillors in any borough under this Act shall have been declared, the word " mayor " shall be construed to mean the chief officer of a borough, by whatever name he is now called (J)] ; and in describing any person or thing, any word importing the singular number shall be construed to mean also several persons or things respectively, unless there be something in the subject or context repugnant to such construction; and that no misnomer or inaccurate description of any person, body corporate, or place named in any schedule to this Act annexed, or in any roll, list, notice, or voting paper required by this Act, shall hinder the full operation of this Act with respect to such person, body corporate, or place, provided that the description of such person, body corporate, or place be such as to be com- monly understood. (a) Sects, cxl. and oxli. repealed by Statute Law Eevlsion Act, 1874 (37 & 38 Tict. c. 36.) Sect. cxl. had expired ; sect. cxU. empowering the Crown to grant charters of incorporation, had been TO-tually repealed by 1 Vict. c. 78, b. 49, post. (6) The enactment in brackets is spent, though it Is omitted tri the Statute Law EevlBion Act, 1874. SCHEDULES TO WHICH THIS ACT REFERS. SOHEDtTLB (A.) — EnGIiAHD AOT) WAIES. Sorouglis mhich are to have a Commission of the Peace. Sect. 1. — Parliamentary Boraidaries to be taken until altered by Parliament. Borongh. Style of Corporate'Boay. Aberystwitb - 4 Abingdon - - 4 Barnstaple - - 2 6 Bath - 7 X4 Bedford - 2 6 Berwick-npon- Tweed Bridgewater 3 - 2 6 6 Bridport - 2 6 Bristol - 10 16 Bury St. Ed- mond's Cambridge - 3 - 5 6 10 flanterbnry - - 3 6 CardifE - 2 6 Carlisle - 5 10 Carmarthen - 3 6 Carnarvon {sic) - 2 6 Chester - 5 10 12 12 18 42 18 18 18 18 18 30 18 18 30 18 18 30 Mayor andbnrgesses of the town, borough, and liberty of Aberystwith. Mayor, bailiffs, and burgesses of the borough of Abingdon. Mayor, aldermen, and burgesses of the borough and parish of Barnstaple in the county of Devon. Mayor, aldermen, and citizens of the city of Bath. Mayor, bailiffs, and burgesses of the town of Bedford. Mayor, bailiffs, and burgesses, of the borough of Berwick-upon-Tweed. Mayor, aldermen, and burgesses of the borough of Bridgewater. Bailiffs and burgesses of the borough of Bridport. Mayor, burgesses, and commonalty of the city of Bristol. Alderman {sie) and burgesses of Bury St. Edmond's in the county of Suffolk. Mayor, bailiffs, and burgesses of the borough of Cambridge. Mayor and commonalty of the city of Canterbury. Bailififs, aldermen, and burgesses of the town of Cardiff. Mayor, aldermen, bailiffs and citizens of the city of Carlisle. Mayor, burgesses, and commonalty of the borough of Carmarthen. Mayor, bailiffs, and burgesses of the town and borough of Caernarvon. Mayor and citizens of the city of Chester, Ix Appendix. Borough. s o c^ tl ^ ■a 5, o style of Corporate Body. CMohester - - 2 6 Colchester - - 3 6 Dartmouth - - 4 Denbigh - 4 Derby - 6 12 Devizes - 2 6 Dorchester - - 4 Dovor - 3 6 Durham - 3 6 Evesham - 4 Gateshead - - 3 6 Gloucester - - 3 6 Guildford - - 4 Harwich - 4 Haverfordwest - 4 Hereford - - 3 6 Hertford - - 4 Ipswich - 5 10 Kendal - 3 6 Kiddemfiinster - 3 6 Kingston-upon- Hull - 7 14 18 Mayor, aldermen, and citizens of the city of Chichester. 18 Mayor and commonalty of the borough of Colchester. 12 Mayor, baUiifs, and burgesses of the borough of Clifton Dartmouth Hardness in the county of Devon. 12 Aldermen, bailiffs, and burgesses of the borough of Denbigh. 36 Mayor, aldermen, and burgesses of the borough of Derby. 18 Mayor and burgesses of the borough of Devises. 12 Mayor, bailiffs, aldermen, and burgesses of the borough of Dorchester in the county of Dorset. 18 Mayor, jurats, and commonalty of the town and port of Dovor. 18 Mayor, aldermen, and commonalty of the city of Durham and'Framwelgate. 12 Mayor, aldermen, and burgesses of the borough of Evesham. 18 Boroughholders and ireetnen of the borough of Gateshead. 18 Mayor and burgesses of " the city of Gloucester in the county of the city of Gloucester. 12 Mayor and burgesses of the town of Guldeford {sic) in the county of Surrey. 12 Mayor and burgesses of the borough of Harwich. 12 Mayor, sheriffs, bailiffs, and burgesses of the county of the town of Haverford- west, or of the town and county of the town of Haverfordwest. 18 Mayor, aldermen, and citizens of the city of Hereford. 12 Mayor, aldermen, and commonalty of the borough of Hertford. 30 Bailiffs, burgesses, and commonalty of the town or borough of Ipswich. 18 Mayor, aldermen, and burgesses of the borough of Kirkby-in-Kendal in the county of "Westmorland. 18 High bailiff and commonalty of the borough of Kidderminster in the county of Worcester. ' ' 42 Mayor and burgesses of the town or borough of Kingstoh-upoh-Hull. 5 de.Will. i, c. 76. Ixi Borougli. Style of Corporate Bofly. King's lijnn 3 6 Leeds - - - 12 16 Leicester 1 14 Leominster - 4 Lichfield - 2 6 Liverpool - 16 16 Macclesfield - 6 12 Monmouth - - 4 Neath - 4 Newark - 3 6 Newcastle-under- 2 6 Lyne Newcastle-upon- 7 14 a'yne Newport, Mon- - 2 6 mouth Newport (Isle of 2 6 Wight) Northampton - 3 6 Norwich 8 16 Nottingham - 7 14 Oxford - 5 10 Pembroke - - 2 6 Poole - 2 6 Portsmouth - - 7 14 Preston 18 Mayor and burgesses of the. borough of Lynn-Regis. 48 Mayor, aldermen, and bm-gesses of the borough of Leeds in- the co. of York. 42 Mayor.bailiff, and burgesses of the borough of Leicester. 12 BaUiifs and burgesses of the borough of Leominster. 18 BaUifE and citizens of the city of Lich- field. 48 Mayor, bailiff's, and burgesses of the borough of Liyerpool. 36 Mayor, aldennen, and burgesses of the borough of Macclesfield. 12 Mayor, baUifis, and commonalty of the town and borough of Monmouth. 12 Portreeve, aldermen, and burgesses of the borough of Neath. 18 Mayor and aldermen of the borough of Newark in the county of Nottingham. 18 Mayor, bailiffs, and burgesses of New- castle-under-Lyae in the county of Stafford. 42 Mayor and burgesses of the town of Newcastle-upon-Tyne in the county of the town of Newcastle-upon-Tyne. 18 Mayor, aldermen, and burgesses of the borough of Newport. 18 Mayor, aldermen, and chief burgesses of the borough of Newport in the Isle of Wight in the county of Southampton. 18 Mayor, baiKffS, and burgesses of North- ampton. 48 Mayor, sherifis, citizens, and commonalty of the city of Norwich, 42 Mayor and burgesses of the town of Not- tingham. 30 Mayor, bailiifs, and commonalty of the city of Oxford in the county of Oxford. 18 Mayor, bailiff's, and burgesses of the town and borough of Pembroke. 18 Mayor, baili ffs, burgesses, and commonalty of the town of Poole. 42 Mayor, aldermen,, and burgesses of the borough of Portsmouth in the county of Southampton. - 6 12 36 Mayor, baUiifs, and burgesses of the borough of Preston in tha county pala- tine of Lancaster. Ixii Appendix. Borough, Style of Corporate Body, EeadiTigf 3 6 18 Hipon - . . 4 12 Eochester - 3 6 18 St, Albana - 4 12 Saium, New 3 6 18 Scarborough 2 6 18 Shrewsbury - 6 10 30 Southampton 5 10 30 Stafford - 2 6 18 Stamford - 2 6 18 Stockport - 7 14 42 Sudbury- 4 12 Sunderland - 7 14 42 Swansea 3 6 18 Tiverton 3 6 18 Truro - 2 6 18 Warwick - 2 6 18 "Wells - 4 12 Weymouth and Melcombe Eegis 2 6 18 Wigan 6 10 80 Mayor, aldermen, and burgesses of the borough of Beading in the county of Berks, Mayor, burgesses, and commonalty of the borough of Eipon in the county of York, Mayor and citizens of the city of Roches- ter in the county of Kent. Mayor and aldermen and burgesses of the borough of Saint Albans in the county of Hertford. Mayor and commonalty of the city of New Sarum in the county of Wilts, Bailiffs and burgesses of the town of Scar- borough. Mayor, aldermen, and burgesses of the town of Shrewsbury in the county of Salop. Mayor, bailiffs, and burgesses of the town of Southampton, Mayor, aldermen, and burgesses of the borough of Stafford. Mayor, aldermen, and capital burgesses of the town or borough of Stamford in the county of Lincoln. Mayor, aldermen, and burgesses of the borough of Stockport. Mayor, aldermen, and burgesses of the borough of Sudbury. Mayor, aldermen, and commonalty of the borough of Sunderland. Portreeve, aldermen, and burgesses of the borough of Swansea. Mayor and burgesses of the town and parish of Tiverton, in the county of Devon, Mayor, aldermen, and capital burgesses of the borough of Truro, Mayor, aldermen, and burgesses of the borough of Warwick, Mayor, masters, and burgesses of the city or borough of Wells, in the county of Somerset. Mayor, aldermen, bailiffs, burgesses, and commonalty of the borough and town of Weymouth and Melcombe Regis, in the county of Dorset. Mayor, aldermen, and burgesses of the borough of Wigan. 5^6 Will. 4, c. 76. Ixiii Borongh, Style ol Corporate Body. Winchester • Windsor . 3 6 18 - 2 6 18 Worcester - - 6 12 36 Tarmouth, Great - 6 12 36 Mayor, bailiffs, and commonalty of the city of Winchester. Mayor, bailiffs, and burgesses of the borough of New Windsor, in the county of Berks. Mayor, aldermen, and citizens of the city of Worcester. Mayor, aldermen, burgesses, and common- alty of the borough of Great Tarmouth, in the county of Norfolk. Sect. 2. — MnnicipaJ Boundaries to be taken until altered by Parliament, Andevor « - Banbury Beverley 4 12 4 12 6 18 Bewdley - 4, 12 Bideford - - 4 12 Boston - 3 6 18 Brecon - 4 12 Bridgnorth - - 4 12 Clitheroe - - 4 12 Chesterfield - . 4 12 Congleton - - 3 6 18 Coventry - - 6 12 36 Deal - - 2 6 18 Doncaster - ■ 3 6 18 Exeter - 6 12 36 Talmouth - - 4 12 Bailiff, approved men, and burgesses of the borough of Andevor (sic). Mayor, aldermen, and burgesses of the borough of Banbury, in the county of Oxford. Mayor, aldermen, and burgesses of the borough of Beverley, in the county of York. Bailiffs, burgesses, and inhabitants of the town and borough of Bewdley. Mayor, aldermen, and capital burgesses of the borough, town, and manor of Bide- ford, in the county of Devon. Mayor, aldermen, and burgesses of the borough of Boston. Bailiff, aldermen, and burgesses of the borough of Brecon. Bailiffs, aldermen, and burgesses of the borough of Bridgnorth. Bailiffs and burgesses of the borough of Clitheroe, in the county of Lancaster. Mayor, aldermen, and burgesses of the borough of Chesterfield. Mayor, aldermen, and burgesses of the borough of Congleton, in the county of Chester. Mayor, bailiffs, and commonalty of the city of Coventry. Mayor, jurats, and commonalty of the town of Deal, in the county of Kent. Mayor, aldermen, and burgesses of the borough of Doncaster, in the co. of York. Mayor, bailiffs, and conmionalty of the city of Exeter. Mayor, aldermen, andburgesses of the town of Falmouth, in the county-of Cornwall. Ixiv Appendix. Borougli. Style of Corporate Body. Grantham - - 4, Gravesend - - 2 6 Grimsby \ • - 4 Hastings - 3 6 Kingston-upon- Thames Tja,ncaster - 3 - 3 6 6 Tiincoln - 3 6 Liskeard - 4 Louth Ludlow - 4> ■Maidstone - - 3 6 Haldon - 4 Newbury - - 4 Oswestry - - 2 6 Penzance - 2 6 Plymouth - - 6 12 Pontefract - - 4 Bichmoud - - 4 Eomsey - 4 St. Ives - 4 Saffron Waldon . 4 12 18 12 18 18 18 18 12 2 6 18 12 18 12 12 18 18 36 12 12 12 12 12 Aldermen and burgesses of the town or borough of Grantham. Mayor, jurats, and injiabitsnts . of the ■(Tllages and parishes of Gaveseud and Melton, in the county of Kent. Mayor and burgesses, of the town of Grimsby, in the county of Lincoln. Mayor, jurats, and commonalty of the town and port of Hastings, in the county of Sussex. Bailiffs and freemen of the borough of Kihgston-upon-Thames. Mayor, bailiffs, and commonalty of the town of Lancaster, in the county pala- tine of Lancaster. Mayor, sheriffs, citizens, and commonalty of the city of Lincoln. Mayor and burgesses of the borough of Liskerret, otherwise Liskcard, in the county of Cornwall. Warden and six assistants of the town of Louth and free school of King Edward the Sixth, in Louth. Bailiffs, burgesses, and commonalty of the town and borough of Ludlow. Mayor, jurats, and commonalty of the King's Town and parish of Maidstone, in the county of Kent. Mayor, aldermen and capital burgesses and commonalty of Maldon. Mayor, aldermen, and burgesses of the borough of Newbury. Mayor, aldermen, common councilmen, and burgesses of Ostwestry. Mayor, aldermen, and commonalty of the town of Penzance, in the county of Cornwall. < Mayor and commonalty of the borough of Plymouth. Mayor, aldermen, and burgesses of the borough or town of Pontefract. Mayor and aldermen of the borough of Richmond, in the county of York. Mayor, aldermen, and burgesses of the town of Eomsey Infra, in the county of Southampton. Mayor and burgesses of the borough of St. Ives. Mayor and aldermen of the town of Safflron Walden, in the county of Essex. 5 (« 6. Will. 4, c. 76. Ixv Borough. Style of Coi-porate Body. Stockton Tewkesbnry Walsall Welchpool - 2 6 18 4 12 3 6 18 - 4 12 Wenlock - 3 6 18 Wisbech - - 2 6 18 York - - 6 12 36 Mayor, aldermen, burgesses, and common- alty of the boroQgh of Stockton. Bailiffs, burgesses, and commonalty of the borough of Tewkesbury, in the county of Gloucester. Mayor and commonalty of the borough and foreign of Walsall, in the county of Stafford. Bailiffs and burgesses of the borough of Poole, in the county of Montgomery. Burgesses of the borough of Wenlock. Burgesses of the borough of Wisbech. Mayor and commonalty of the city of York. Schedule (B.) — England aud Waibs. Soroughs which are not to heme a Commission of the Feace, unless on Fetition and Grant. Sect. 1. — Parliamentary Boundaries to be taken untU altered by Parliament. Borough. Style of Corporate Body. Amndel - Beaumaris - Cardigan - Llanidloes - - Pwllheli - - Buthin - Tenby - Thetford - - Totnes - 4 12 Mayor and burgesses of the borough of Arundel. 4 12 Mayor,bailifE,andburgessesoftheborough of Beaumaris. 4 12 Mayor, common conncij, and burgesses of the town and borough of Cardigan. 4 12 Mayor and burgesses of the borough of Llanidloes. 4 12 Mayor, bailiffs, and burgesses of the bo- rough of Pwllheli. 4 12 Aldermen and burgesses of the borough of Kuthin. 4 12 Mayor, bailiffs, and burgesses of the bo- rough of Tenby. 4 12 Mayor and burgesses of the borough of Thetford. 4 12 Mayor and burgesses of the borough of Totnes, in the county of Devon. kvi Appendix. BoTongli. Style of Corporate Body. Sect. 2. — ^Mnnicipal Boundaries to be taken until altered by Parliament. 4 12 Mayor, aldermen, and burgesses of the town of Basingstoke, in the coimty of Southampton, 12 Portreeve, surveyors, and commonalty of the Pen of Beccles, in the co. of Suffolk. 12 Bailiff and burgesses of the borough of Blaudford Porum in the county of Dorset. 12 Mayor and burgesses of the borough of Bodmin, in the county of Cornwall. 12 Bailiff and burgesses of the borough and parish of Buckingham, in the county of Buckingham. 12 Guild stewards and burgesses in the bo- borough of Calne. 12 Portreeve and burgesses of the borough of Chard, in the county of Somerset. 12 Bailiffs and burgesses of the borough of Chippenham, in the county of Wilts. 12 Bailiffs and burgesses of the borough of Chipping Norton, in the co. of Oxford. 12 Bailiffs, burgesses, and commonalty of the borough of Daventry, in the county of Northampton. 12 Bailiffs and bm-gesses of the borough of Wych, otherwise Droitwich, in the county of Worcester. 12 Bailiff, burgesses, and commonalty of the town and burgh of Eye. 12 Mayor, jurats, and commonalty of the town of Faversham. 12 Mayor, jurats, and commonalty of the town of Folkestone. 12 Mayor, bailiffs, and burgesses of the bo- rough of Plint. 12 Mayor and burgesses of the town of Glas- tonbury, in the county of Somerset. 12 Warden and inhabitants of the town of Godalming. 12 Bailiffs, assistants, and commonalty of the borough of Cirencester, alias Godman- chester. 12 Mayor and commonalty of the borough of Helstone 12 Mayor, aldermen, and burgesses of the borough of Huntingdon. 12 Mayor,jurats, andcommonalty of the town and port of Hythe, in the county of Kent. Beccles 4 Blandf ord Pomm - 4 Bodmin 4 Buckingham 4 Calne - 4 Chard 4 Chippenham 4 Chipping Norton - 4 Daventry - 4 Droitwich - 4 Bye - 4 J'aversham - 4 Folkestone - 4 Kint - 4 Glastonbury 4 Godalming - 4 Godmanchester ■ 4 Helstone • 4 Huntingdon 4 Hythe 4 5 <« 6 Will 4, c. 76. Ixvii Borough. Style of Corporate Body. Lannceston - - 4, 12 Llandovery - - 4 12 LymeEegis - 4 12 Lymington - - 4 12 Maideiihead - 4 12 Marlborougli - 4 12 Morpeth 4 12 Penryn - 4 12 Eetford, East - 4 12 Kye - - 4 12 Sandwidi - - 4 12 Shaftesbury - 4 12 South Wold 4 12 South Molton 4 12 Stratford-on-Avon [0 4 12 Tamworth - 4 12 Tenterden - 4 12 Torrington - 4 12 "Wallingford 4 12 Wycombe^ Chep- ping 4 12 Mayor and commonalty of the borough of Dunneheved, otherwise Launceston. Bailiff and burgesses of the borough of Llanymtheverye. Mayor and burgesses of the borough of Lyme, in the county of Dorset. Mayor and burgesses of the borough of Lymington. Mayor, bridgemasters, and burgesses of the town of Maydenheth. Mayor and burgesses of the borough and town of Marlborough, in the county of Wilts. Bailiffs and burgesses of the borough of Morpeth, in the county of Northum- berland. Mayor and burgesses of Penryn, in the county of Cornwall. Bailiffs and burgesses of East Eetford, in the county of Nottingham. Mayor, jurats, and commonalty of the ancient town of Rye. Mayor, jurats, and commonalty of the town and port of Sandwich, in the county of Kent. Mayor and burgesses of the borough of Shafton, otherwise Shaftesbury, in the county of Dorset. Bailiffs, aldermen, and burgesses of the borough of South Wold. Mayor and burgesses of the borough and parish of South Molton, in the county of Devon. Mayor, aldermen, aud burgesses of the borough of Stratford-upon-Avon. Bailiffs and commonalty of the borough of Tamworth. Mayor, jurats, and commons of the town and hundred of Tenterden, in the county of Kent. Mayor, aldermen, and burgesses of the borough and town of Great Torrington, in the county of Devon. Mayor, burgesses,, and commonalty of the borough of WaUingford. Mayor, bailiffs, and burgesses of the bo- rough of Chipping (sic) Wycombe (otherwise Wicombe) in the county of Buckingham. Ixviii Appendix, Berwick-upon-Tweed. Bristol. Chester. Exeter. Kingston-upon-Hull. ifewcastle-upon-Tyne. Schedule C. Northumherland. Gloucestershire. Cheshire. Devonshire. Yorkshire. Northumberland. The list of of No. 1. — SCHEDTJIE D. IBS of the borough of in the parish [or township] Christian Name and Sur- name of each Person at full lengtli. Nature of the Property Eatcd. Street, Lane, .or other place in this Parish (or Township) ■where the property is situated for which he is now rated. Ashton, John Bates, Thomas - Shop - House - No. 23, Church Street. Brook's Farm. (Signed) A. -B. ■) Orerseers of the said parish C. D. ) [or township]. No. 2. — Notice of Claim. " To the town clerk of the borough of . " I hereby give you notice, that I claim to have my name inserted in the burgess list of the borough of , that I occupy [here describe the Jumse, warehouse, counting-house, or shop then occupied ty the claimcmf^ in the borough, and that I have been rated in the parish of [here state the' parish or several panshes, and the time during which the claimant has ieen rated in each of them within the horough, necessary for his qualification.'] " Dated the day of , in the year . (Signed) John Allen, of [place of abode'}." No. 3. — ^Notice as Objection. " To the town clerk of the borough of [or to the person objected to, as the case may he.] " I hereby g^ve you notice, that I object to the name of Thomas Bates, of Brook's Farm, in the parish of [describe the person objected to as 5d6 Will. 4, c. 76. Ixix descrihed in the hurgess lisf\ being retained on the burgess list of the borough of . " Dated the day of , in the year . (Signed) John Ashton, of [here state the place of abode and property for which he is said to he rated in the hwrgess list.'Y' No. 4. — List or Claii£ants. " The following persons claim to have their names inserted on the burgess list of the borough of . Christian Name and Surname of each Claimant. Nature of the Property for ■which he is now rated. Situation of the Property for which he is now rated. Parish [or Parishes] in which he has been rated, as stated in the Claim. Allen, John House No. 17, High: street. Rated in the last year in Saint Mary's Parish in the borough, and in tho two preceding years in Saint James's Parish in the borough. (Signed) A. S., Town Clerk.]" No. 5. — List op Pebsons Objected to. ' The following persons hare been objected to as not being entitled to have their names retained on the burgess list of the borough of -. Christian Name and Surname of each Person objected to. Nature of the Property for which he is now rated. Situation of the Pro- perty for which he is said to be now rated in the Overseer's List. Parish in wliich is the Property for which he is now said to be rated in the Overseer's List. Bates, Thomas House Brook's Farm Saint James'., (Signed) A. S., Town Clerk.]" Schedule E {a). (a) Sched. E., enumerating various Acts of Parliament referring to the paving, &c., Of different boroughs, is repealed by the Statute Law Revision Act, 1874 (37 & 38 Tict. c. 35). Ixx Appendia;, 6 & 7 "Win.. 4, Cap. CIII. An Act to make temporary Provision for tlie Boundaries of certain Boroughs. [20tli August, 1836.] Part of the recited Act (s. 7) repealed. — New provision as to houndaries of boroughs, if-c] Whereas by the provisions of an Act passed in the last session of parliament, intitled An Act to provide for the regulation of mimicipal corporations in England and Wales {a), the boundaries of certain boroughs named in the schedules (A.) and (B.) to the said Act annexed were made to include all the liberties of such boroughs and large tracts of land beyond the limits of the towns, and which ought not to be included therein : be it therefore enacted, &o., that so much of the said Act for regu- lating corporations as provides that the metes and bounds of every borough and county named in the said Act shall include the whole of the liberties of such borough and county by land and by water is hereby repealed ; and that, notwithstanding anything in the said Act contained, no part of any county or of the liberties of any borough, town, or city, named in the first sections of the schedules (A.) and (B.) annexed to the said Act for regula- ting corporations, which before the passing of the said Act was not part of such borough, town, or city, or within the parliamentary boundary of such borough, town, or city, shall be taken to be within the metes and bounds of any such borough, town, or city, or within the county of such borough, town, or city, or to be within the jurisdiction of the justices of such borough, iowu, or city, or county of a borough, town, or city ; and that no part of any county, or of the liberties of any borough, town, or city, named in the second section of the said schedules (A.) and (B.), which was not part of such borough, town, or city before the passing of an Act passed in the second and third year of His Majesty, intituled An Act to settle and describe the divisions of cownties and the limits of cities and boroughs, in England and Wales, in so far as respects the election of members to serve in parliament (i), shall, for the purposes of the said Act passed in the last session of parliament, be taken to he within the metes and bounds of any such borough, town, or city, or within the county of such borough, town, or city, or to be within the jurisdiction of the justices of such borough, town, or city, or county of a borough, town, or city, but every such part, until parliament shall otherwise direct, shall be taken to be within and to be subject to the same jurisdiction as the county, riding, parts, or divisions of a county, other than a county of a borough, town, or city, wherein such part is situated or with which it has the longest common boundary : provided also, that all the provisions of the said Act for regulating corporations concerning the liability of the ratepayers of any place or pre- cinct which under the provisions of this Act shaU. not be included within any such borough, town, or city, or county of a borough, town, or city, to any debt to which the ratepayers of such borough, town, or city, or county of a borough, town, or city, were liable to contribute before the passing of the said Act for regulating corporations, shall be applicable to such place or precinct as if the same had not been included within the metes and bounds of such borough, town, or city under the provisions of the said Act for regulating corporations : provided also, that no election of any mayor, alderman, councillor, auditor, or assessor heretofore made, or any other proceeding whatsoever, in any such borough, town, or city, since the (a) 6 & 6 Will. 4, v:. 76, ante. (6) 2 & 3 Will, i, c. 64. 6 c^ 7 Will. 4, c. 103, Ixxi twenty-fifth day of December last, shall be liable to be qnestioned after the passing of this Act by reason that any such part of any county, or liberties of any borough, town, or city, may or may not have been taken to be part of such borough, town, or city under the provisions of the said Act. II. Sonndaries of the iorongh of Sunderland.'] Provided always, and be it enacted, that notwithstanding anything in this Act contained, the borough of Sunderland, for the purposes of the said Act passed in the last session of parliament, and until parliament shaU otherwise direct, shaU consist of the parish of Sunderland, the townships of Monkwearmouth and Monkwearmouth Shore, and so much of the townships of Bishop Wearmouth and Bishop Wearmouth Panns, as is included within a circle of one mile from the centre of Wearmouth Bridge. III. T7ie division of iorougJis into wards ty tTie la/rristers not to he affected ly tite exclusion of any ward or pa/rt of a ward.] And he it enacted, that the division of every borough, town, and city into wards by the barrister or barristers appointed in pursuance of the provisions of the said Act for regulating corporations shall not be annulled or vitiated by the exclusion of any ward or wards, or any part of any of the said wards which shaU be excluded from such borough, town, or city by this Act, but the said division shall remain in all other respects in force until parliament shall otherwise direct, as if the ward or wards, or part of a ward or wards, so excluded from the borough, town, or city, had not been at any time included therein : provided nevertheless, that if any borough, town, or city shall have been so divided into wards, that the whole of any one or more wards shall consist wholly of a district excluded from such borough, town, or city by this Act, the barrister or barristers who originally divided the borough, town, or ciiy into wards shall, as soon as conveniently may be after the passing of this Act, assign the councillors who were chosen in such ward or wards to the remaining wards of the borough, town, or city, or such of them as he or they shall select, upon the same principles, or as nearly as may be, in his or their judgment, as were provided by the said Act for the guidance of the barristers in their assignment of councillors to each ward, and thenceforth, and until parliament shall otherwise" direct, the number of councillors in each of the remaining wards shall be the number originally assigned to such ward by the barrister or barristers, with the addi- tion of the number so assigned to it by the barrister or barristers under this Act, and the councillors so assigned under this Act to each ward shall thence- forth be deemed to have been elected in the ward to which they shall have been respectively so assigned, and shall go out of office, and vacancies among them shall be filled at the same time and in the same manner, as if the burgesses of the ward by whom they were originally elected, had been burgesses of the ward to which they shall have been so assigned. IV. Local Acts for the relief of the poor not to he affected.] And be it enacted, that nothing contained in the said Act for regulating corporations shall be construed to aflect any local Act heretofore passed for the relief and management of the poor, or to alter the district comprised within the pro- visions of any such local Act. V. Nothing therein to affect the assessments of the land or assessed taxes or the jwrisdiction of the commissioners?^ And be it enacted, that nothing contained in the said Act for regulating corporations shall he construed to affect or alter the assessments of the land tax or assessed taxes, or to extend Ixxii Appendix. or diminish the jurisdiction of any commissioners of land and assessed taxes ; but that all manors, lands, tenements, and hereditaments, and all parishes and parts of parishes, and places, shall continue to be charged as heretofore towards the land tax charged upon the county or other district of .which they were a part before the passing of the said recited Act, and to be subject in that behalf to the jurisdiction of the Commissioners of the^ same county or other district as they would have been if the said recited Act had not been passed. YI. Serwich-wpon-Tweed decla/red a county to all intents hut for parlia- mentary elections.'] And be it declared and enacted, that the borough and town of Berwick-upon-Tweed, within the limits assigned to it by the said Act, or hereafter to be assigned to it by authority of parliament, shall be a county of itself to all intents and purposes, except only so far as relates to the return of a member or members to serve in parliament ; and that the provisions of the Act passed in the third and fourth years of His Majesty, intituled An Act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance (a), and the modes of assurance therein provided shall extend and apply to lands locally situated in the said borough, town, and county, any law, statute, custom, or usage to the contrary notwithstanding. e&l WiEL. 4, Cap. CIV. An Act for the better Administration of the Borough Fund in certain Boroughs. [20th August, 1836.] New securities may he given for old debts.'] Whereas by an Act passed in the last session of parliament, intituled An Act to provide for the Megu- lation of municipal corporations in ^England and Wales (b), provision was made for the payment of the rents and profits of the real and personal estate of the mayor, aldermen, and burgesses of certain boroughs named in the schedules (A.) and (B.) to the said Act annexed, and also for the payment of certain penalties to a fund to be called in each case "the borough fund" of that borough; and whereas certain difficulties have occurred in putting the said Act into execution, and certain penalties have been imposed, which ought not to be imposed, for the benefit of the said borough fund : be it therefore enacted, &c., that from and after the passing of this Act it shall be lawful for the council of any borough named iu the said schedules to execute from time to time any deed or obligation in the name of the body corporate whose council they are, for securing repayment and satis- faction of any debt or obligation contracted by or on behalf of the said body corporate before the passing of the said Act for regulating corporations. II. Extending the power of disposition given to the council as to certain demises ; and the power allmoed to be exercised over the lands, S^c, with the approbation of the treasury.'] And be it enacted, that the power of disposition given to the council of any body corporate in the instances of (a) & i Wm. 4, c. 74. (!)> 5 & 6 Will. 4, c. 76, arete. 6S7 Will. 4, c. 104. Ixxiii demises for seventy-five years, authorized by the said Act, shall extend to the demise or lease thereof, either at a reserved rent or a fine or both, as the council shall think fit ; and the power of disposition allowed by the Act over the lauds^ tenements, and hereditaments of such body corporate, to be exercised with the approbation of the lords commissioners of His Majesty's treasury or any three of them shall extend to the disposition of such lands, tenements, and hereditaments, with such approbation as afore- said, whether by way of absolute sale, or by way of exchange, mortgage, or charge, demise, or lease, and to every other disposition of the same what- soever which shall he so approved of as aforesaid. III. Treasurer of a horourjli may a/pj)ly proceeds of sales as herein mentioned.'] And be it enacted, that nothing in the said Act contained shall be construed to restrain the treasurer of any borough, under the direction of the council, from applying the proceeds of the sale of any advowson, or right of nomination or presentation to any benefice or eccle- siastical preferment, directed by the said Act, which shall have been paid to bim, or any part thereof, towards the liquidation of any debt contracted before the passing of the said Act by the body corporate named in the said schedules in conjunction with such borough. IV. Fersons assigned to Tcee'p the peace in any horough may act as jus- tices in levying county rates made before May 1836.] And whereas by the said Act it is provided, that no person assigned to licep the peace within any borough, town, or city under the provisions of the said Act shall by virtue of such assignment act as a justice of the peace in malting or levy- ing any county rate, or rate in the nature of a county rate ; be it enacted, that, notwithstanding anything in the said Act contained, it shall be lawful for any such person to act as a justice of peace in levying any county rate, or rate in the nature of a county rate, which shall have been legally made previously to the first day of May one thousand eight hundred and thirty - six. "V. Mayor may issue his warrant for levying borough rate, Sfc.'] And be it enacted, that in any case in which, for the purpose of levying any county rate, a warrant might be lawfully issued by one or more justices of the peace, a warrant may be lawfully issued in the like case by the mayor of any borough named in the said schedules, under his band and the corpo- rate seal of the said borough, whether the matter of such warrant relates to the borough rate or to the watch rate ; and that in every case in which a matter relating to the county rate a warrant is required to be directed to or issued by a high constable, such warrant may in a Uke matter relating to the borough rate or watch rate be directed to or issued by the high constable of the borough, or any borough officeir of the like description, or by any per- son or persons who may have been or hereafter be appointed by the council of the borough for the purpose of collecting the said borough rate or watch rate, or either of them. VI. Burgesses competent witnesses.] And be it enacted, that no burgess of any borough named in the said schedules shall be deemed an incompe- tent witness in any suit or proceeding at law or in equity by reason of his being a member of such body corporate, or interested in the borough fund of any borough. * VII. Mayor, Sfc, if enrolled, on Iwgess roll not liable to penalty for so acting.] And be it enacted, that, notwithstandiag any thing in the said d Ixxiv Appendice. Act contained, no person enrolled on the turgesi roll for the time being of any borough named in the schedules to the said Act, and who shall act as mayor, alderman, or councillor, auditor or assessor, of such borough, shall be liable to any penalty for so acting on the ground that he was not entitled to be on the burgess list of such borough. VIII. Corporate offices may he resigned on, payment offhe fine.'] And whereas no provision is made in the said Act for resigning any corporate office on payment of a fine or otherwise ; be it enacted, that every person elected into any corporate office in any of the said boroughs may at any time resign such office on payment of the fine which he would have been liable to pay for non-acceptance of the same office : provided that no person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office in any borough by reason of his refusal on conscientious grounds to take any oath or make any declara- tion required by the said Act, or to take upon himself the duties of such office. IX. Reservation of exemption from tolls enjoyed, by persons in virtue of other than corporate rights.'] And be it enacted, that nothing contained in the said Act for regulating corporations shall be construed to alter or affect the right of any person claiming discharge or exemption from tolls levied in whole or in part by or to the use of any body corporate by virtue of any title to such discharge or exemption other than as an inhabitant of any borough, or as a citizen, freeman, or burgess, or as a member by any name whatsoever of any body corporate named in the said schedules, or as the widow or kindred of any such inhabitant, citizen, freeman, burgess, or member of such body corporate. X. Accounts of corporations to he transmitted to secretary of state, and abstract laid iefore parliament.] And be it enacted, that the council of each borough, town, or city named in the said schedules, or in which a body corporate of mayor, aldermen, and burgesses may be created under the provisions of the said Act, shall, before the first day of March in each year, transmit to one of His Majesty's principal secretaries of state a. statement of all monies received and expended on account of the mayor, aldermen, and burgesses of that borough, town, or city within the year preceding, which statement shall be prepared in such form and manner as the secretary of state shall direct, and such accounts shall refer to the year ended upon the first of January of the year in which such account is hereby required to be so transmitted; and an abstract of such statements and accounts, under general heads, shall be laid before both houses of parlia- ment during their sitting in the same' year in which they are hereby required to be transmitted as aforesaid. 6 & 7 Will. 4, Cap. CV. An Act for the better Administration of Justice in certain boroughs. [20th August, 1836.] Wheeeas by reason of certain defects in an Act passed in the last session of parliament, intituled An Act to provide for the regulation of municipal corporations in England and Wales (a), the administration of civil and (a) 6 & 6 Will. 4, c. 76, ante. 6 eg 7 Will 4, c. 105. Ixxv criminal justice Is injuriously hindered and delayed in certain toroughs named m the schedules (A.) and (B.) to the said Act annexed : he it there- fore enacted, &c.— County justices may contract with council of a iorougji tn which there is a sufficient gaol for the committal of county 'prisoners thereto.-— If there is a separate court of quarter sessions in the loroughsuch offenders may he tried there (J). II. Power to try prisoners at lorough sessions, although committed for trial under contract to u, ccmnty prison more than two miles from the horough (a). III. Oat/is required to he talcen hy recorder, Sfc, may he taken hefore the mayor or two aldermen or councillors.'] And whereas it is hy the said recited Act enacted, that nojrecorder, or person assigned to keep the peace within any such borough shall he capahle of acting as recorder or justice of the peace within such borough until he shall have taken the oaths provided to be taken by justices of the peace, except the oath as to quaUfication' hy estate : be it enacted, that all oaths so required to he taken by any such recorder or person assigned to keep the peace may be taken hefore the mayor or any two aldermen or councillors of the said borough, without suing out or obtaining any special dedimus or other commission or autho- rity for administering such oaths. IV. Mayor to hold over until acceptance of office hy his successor.'} And whereas hy the said Act it is provided that the mayor of every borough named in the said schedules (A.) and (B.) shall continue in his office for one whole year : be it enacted, that the mayor of every such borough shall continue in office for one whole year, and until his successor shall have accepted the office of mayor, and shall have made and subscribed the decla- ration required in that behalf. V. Sheriff to he elected on ninth of "Novemher instead of first of Novem- her (e). And he it enacted, that so much of the said Act as provides for the appointment of any sheriff on the first day of November in this or any following year is hereby repealed; and that every such appointment of sheriff shall he on the ninth day of November, at the quarterly meeting of the council, and immediately after the election of mayor, and in all other respects aceordingjto the provisions of the said Act ; and every sheriff appointed under the provisions of the said Act or of this Act shall hold his office until the appointment of his successor. VI. Coroner may appoint a deputy in case of illness or unavoidahle absence.'} And be it enacted, that in cases of iUness or unavoidable ab- sence the coroner for the time being of any borough, town, or city named in the said Act shaU be empowered and he is hereby required, by writing under his hand and seal, to appoint a fit person, being a barrister-at-law or an attorney of .one of His Majesty's courts at "Westminster, and not being an alderman or councillor of such borough, town, or city, to act for him as deputy coroner during the illness or unavoidable absence of such coroner, but no longer or otherwise : provided always, that the mayor or two jus- tices of such borough, town, or city, shall on each occasion certify under their hands and seals the necessity for the appointment of such deputy (6) Repealed 28 & 29 Vict. c. 126, (Prisons Act, 186S), 6. 73, BohcO. ?,post. (c; See 6 & 7 Will 4, c.76, s. 61. ante. d 2 Ixxvi Appendix. coroner ; and such certificate shall state the cause of absence of the coroner, and shall be openly read to every inquest jury summoned by such deputy coroner ; and the particulars of every inquest holden before any deputy coroner shall be included in the return to be made by the coroner to the secretary of state, as provided by the said Act. VII. Extension of jurisdiction of courts of requests.] And be it enacted, that in every case in which before the passing of the said Act a court pf request or of conscience for the recovery of small debts was estabhshed in any borough, town, city, or county of a town or city, the boundary whereof shall have been enlarged by the said Act, the jurisdiction of such court shall be extended to such enlarged boundary : provided nevertheless, that nothing herein contained shall extend to give such court cognizance of any suit which before the passing of this Act could not be brought therein, and could be brought in some other court of conscience or requests. VIII. Powers of local Acts Tieretofore exercised ly justices in quarter sessions, and not within the powers of the recorder, vested in the council.'] And be it enacted, that everything provided under any local Act of parlia- ment to be done exclusively by any particular or limited number, class, or description of the members of any body corporate named in the schedules (A.) and (B.) annexed to the said Act for regulating corporations, the con- tinuance of which is not inconsistent with the provisions of the said Act, and also everythuig provided in any sucb local Acts to be done by the jus- tices, or by some particular class or description of members of such body corporate, being justices, at some court of general or quarter sessions assembled, and which does not relate to the business of a court of criminal or civil judicature, shall and may be done by the council at some quarterly meeting of the council, or by some committee of the council, or any three or more of such committee to be appointed at a quarterly meeting of the council : provided also, that everything herein authorized to be done at a quarterly meeting of the council may be done at a meeting of the council to be specially summoned for that purpose as soon as may be after the passing of this Act : provided also, that no recorder by virtue of his office shall have power to allow, apportion, make, or levy, or do any act whatso- ever with relation to the allowance, apportionment, making, or levying of any rate whatsoever IX. Provision for holding cowrts of record^ And whereas doubts have arisen as to 'the provisions of the said Act for regulating corporations respecting judges in borough courts 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 passing the said Act a barrister of five years' standing did not act as judge or assessor ; be it therefore enacted and declared, that from and after the passing of this Act the recorder, and in the absence of the recorder such person, being a barrister of not less than five years' standing, as shall be appointed by the recorder under his hand and seal to hold the said court, shall be the judge of such court and shall hold the said court at such times as the said recorder in his discretion may think fit, or as His Majesty shall think fit to direct ; and every recorder or person so appointed to hold such court shall be entitled to have such salary paid to him out of the borough fund as the council shall fix by some bye-law to be made in that behalf : provided also, that all rules hereafter to be made for regulating the practice of such courts shall be approved and signed by Gdl Will. 4, c. 105. Ixxvii ttie recorder of such borough, if there shall he a recorder, hofore the same shall he submitted to the judges of the superior courts for allowance and confirmation by them according to the provisions of the said recited Act. X. Sepeal of part of 5 ^ 6 Will, i, c. V6 («. 134), cw to courts of quarter sessions for the Cinque Forts, and new provision made.'] And be it enacted, that so much of the said Act as provides that the courts of quarter sessions of the peace of the towns and ports of Hastings, Sandwich, Dover, and Hythe, and of the ancient town of Eye, or of such of the said towns and ports and ancient town to which His Majesty shall grant a separate court of quarter sessions of the peace, shall have jurisdiction over offences and matters committed, arising, and happening within the towns named in the schedule to the said Act which are ancient corporate members and liberties of the said towns and ports and ancient town respectively, and to which His Majesty shall not grant a separate court of quarter sessions of the peace, and also provides that any or either of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and ancient town of Rye, to which His Majesty shall not grant a separate court of quarter sessions of the peace, and their or its members and liberties, shall, for all purposes relating to the jm'isdiction of courts of quarter sessions of the peace be respectively within the jurisdiction of the courts of quarter sessions of the peace of the nearest other of the said towns and ports or ancient town to which His Majesty shall grant a separate court of quarter sessions of the peace, is hereby repealed : and it is hereby enacted, that, until other pro- vision, shall be made by parliament in that behalf, courts of general sessions of the peace and gaol deUvery shall and may be holden in and for the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and ancient town of Eye, or such of the said towns and ports and ancient town to which His Majesty shall not grant a separate court of quarter sessions of the peace, and for the ancient members and liberties thereof, not being corporate, and also in and for the towns of Deal, Faversham, Folkestone, and Tenterden, or such of the said towns to which His Majesty shall not grant a separate court of quarter sessions of the peace, before the person who at the time of the passing of the said Act was or acted as recorder or steward or assessor, or by whatsoever other name he was called, of the said towns and ports, ancient town and towns respectively, or in case of his death or resignation or absence, or in case there was no such recorder or steward or assessor, then before any barrister-at-law, of not less than five years' standing, whom His Majesty shall appoint to hold the same, in the same manner in other respects, and with the same powers and authorities, as before the passing of the said Act, except as regards the trial of capital felonies ; and so long as such courts of general sessions of the peace and gaol delivery shall be holden the offices of clerk of the peace and coroner BhaU be holden and exercised by the same persons, or by the same officers of such of the said towns and ports, ancient town and towns respectively, to which His Majesty shall not grant a separate court of quarter sessions, by whom or by which the same were holden at the time of the passing of the said Act, or in case of their death or resignation, or there being no longer such officers, then by such persons as the councils of such towns and ports, ancient town and towns respectively, shall appoint to hold the same, with the same powers and authorities as before the passing of the said Act ; [and the non-corporate members and liberties of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and the said ancient town of Eye, shall and may be chargeable and charged by the courts of general Ixxviii Ajjpendix. or quarter sessions of the peace holden for the same respectively with a due proportion of the expenses of such towns and ports and ancient town respectively, and the non-corporate members and liberties thereof, to the payment of which expenses rates in the nature of county rates are appli- cable, and the same shall and may be assessed and levied in the manner in which rates of that description were assessed and levied before the passing of the said Act; and a due proportion of inhabitant householders to serve as grand jurors and jurors at the courts of general or quarter sessions of the peace of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and of the said ancient town of Eye, shall be summoned by the clerks of the peace of the said towns and ports and ancient town from the non-corporate members and liberties thereof respectively, and the attend- ance of .such jurors shall be enforced and their defaults punished in the manner by the said Act directed with respect to jurors in boroughs] (a). XL, Justices acting under commissions granted hy virtue of 51 Geo. 3, u. 36, may exercise all the powers of justices in counties relating to the granting of licenses to victuallers (S).] And be it enacted, that His Majesty's justices of the peace acting under the authority of a commission or com- missions issued by virtue of an Act passed in the fifty-first year of the reign of His late Majesty King George the Third, intituled An Act to facilitate the execution of justice within the Cinque Forts shall and may have and exercise all the jurisdiction, powers, and authorities belonging to justices of the peace in counties relating to the granting of Hcenses or authorities to persons to keep inns, alehouses, or victualling-houses, or to sell excisable liquors by retail, within any of the said towns and ports of Hastings, Sandwich, Dover, and Hythe, and of the ancient town of Eye respectively, which shall not have justices of the peace assigned to them by virtue of the said Act passed in the last session of parliament, and the non-corporate members and liberties thereof, and also within any of the said towns of Deal, Paversham, Folkestone, and Tenterden respectively, which shall not have justices of the peace assigned to them by virtue of the same Act. XII. Sis Majesty may appoint the vice-chancellor of Cambridge Uni- versity a justice of the borough.^ And whereas doubts have been enter- tained whether, under the provisions of the said recited Act, it may be lawful for His Majesty from time to time to constitute and appoint the vice-chancellor of the University of Cambridge for the time being a justice of the peace in and for the town and borough of Cambridge : be it there- fore enacted, that it shall be lawful for His Majesty, his heirs and suc- cessors, from time to time, if His Majesty shall so.think fit, in and by his commission of the peace for the said town and borough to constitute and appoint the vice-chancellor of the university for the time being a justice of the peace for the said town and borough, anything in the said recited Act or in this Act to the contrary notwithstanding : provided always, that no vice-chancellor of the said university, by reason of his being named in any commission of the peace for the said town and borough, shall thereby have, as touching the grant of Ucenses to alehouses, any greater authority as justice of the peace than any other justice of the peace named in any (a) The part of sect. 10 included in brackets and the whole of sect. 11 are repealed as to places .severed from Dover under 18 & 19 Vict. c. 48 : see 8. 6, post. See also 20 & 21 Vict. c. 1, and 32 & 33 Vict. c. 63 ; post. (b) See last note. 7 Will. 4, and 1 Vict. c. 19. Ixxix sncli commission, but that nothing in this Act shall be construed to alter or in any way to affect the rights and privileges which the vice-chancellor by virtue of his office now lawfully has or enjoys, or might have lawfully had and enjoyed if the vice-chancellor had not been appointed under the provisions of this Act a justice of the peace for the said town and borough. 7 Will. 4, and 1 Vict., Cap. XIX. An Act to empower the Recorder or other Person presiding in Quarter Sessions in Corporate Cities and Tomis, and Justices of the Peace for Counties, Ridings, or Divisions, to divide their respective Courts in cer- tain cases. [30th June, 1837.] Whebeas in large corporate cities and towns the quarter sessions of the peace may sometimes last beyond three days, and where such is the case considerable inconvenience and increased expense will result from the detention of jurors and witnesses and the unavoidable attendance of a large portion of the municipal police : and whereas for the remedying thereof it is expedient that a similar power of forming a second court to that which is vested in the justices at the general quarter sessions for counties, by virtue of an Act passed in the fifty-ninth year of His late Majesty King George the Third, intituled An Act to empower magistrates to divide the cowrt of quarter sessions (o), should be given to the recorder or other person presiding in the court of quarter sessions of corporate cities or towns : be it therefore enacted, &c. : Fouler to the recorder or other person presiding to form a second court and appoint a barrister to preside therein.'] Whenever it shall appear to such recorder or other person presiding as aforesaid that the said quarter sessions are likely to last more than three days, including 4)he day of assem- bling, it shall and may be lawful for such recorder or other person so presiding, at his discretion, but subject to the provisions hereinafter con- tained, to order a second court to be formed, and to appoint by writing under his hand and seal a barrister-at-law, of not less than five years' standing, to preside, and try such felonies and misdemeanors as shall be referred to him therein, whilst the said recorder or other person is sitting in such quarter sessions ; and for the effectual execution of the powers of this Act, such recorder or other person so presiding shall be empowered in such case to call upon the clerk of the peace, and such clerk of the peace is in such case hereby authorized and required to appoint an assistant, and such recorder or other person shall himself appoint an additional crier for such second o^urt; and such barrister shall be styled " assistant barrister," and shall exercise, for the time being, whilst the said recorder or other person is so sitting as aforesaid, the same powers as are exercised by the said recorder or other person presiding as aforesaid, and subject to the same rules and regulations; and the proceedings so had by and before such assistant barrister shall be as good and effectual in the case to all intents and purposes as if the same were had before the said recorder or other person so presiding as aforesaid, and shall be enrolled and recorded accord- (c) 69 Geo. 3, c. : Ixxx Appendix. ingly : provided always, that if at any time during the sitting of such second court the recorder or other person shall be of opinion that it is no longer required, he may direct the assistant barrister, at a proper oppor- tunity, to adjourn the same : provided also, that no such recorder or other person so presiding as aforesaid shall at any time exercise the powers and discretion given by this Act, unless it shall have been theretofore and before each such quarter sessions certified to him under the hand or hands of the mayor or of two of the aldermen of such corporate city or town, that the council of such corporate city or town have resolved that it will be expedienff and for the benefit of the inhabitants thereof that the same should be exercised, nor unless the name of the barrister proposed to be appointed, in case such recorder or other person shall in the exercise of such discretion deem such appointment necessary, shall have at some pre- vious time been transmitted to and approved of by one of His Ma,jesty's principal secretaries of state as a fit and proper person to be from time to time so appointed {a). II. Hemuneration to officers of said second courtJ] And be it further enacted, that such assistant barrister shall be entitled to a remuneration of ten guineas per diem for each day that he shall so preside as aforesaid ; and such assistant clerk of the peace shall be entitled to a remuneration of two guineas per diem ; and such additional crier shall be entitled to a remuneration of half-aguinea per diem, for such time as they shall execute their respective offices in such second court ; and such remuneration shall be paid by the treasurer of the borough out of the borough fund : and the recorder or other person presiding shall grant a certificate to such assistant barrister, such assistant clerk of the peace, and such additional crier respectively, stating the number of days that each shall have executed his several ofiice, and the amount that he is entitled to claim : and such certifi- cate shall be a sufficient authority to the treasurer of the borough to pay the same, and shall be retained by him as a voucher for such payment : provided always, that such assistant barrister, assistant clerk of the peace, or additional crien shall not in any case be entitled to claim remuneration for more than two days. III. Appointments not subject to duty.'] And be it further enacted, that the appointments and certificates authorized and directed by this Act shall not be subject to any stamp duty or other tax whatsoever. IV. [Two or more justices at adjourned quarter sessions may sit apart for despatch of business (b). 7 WiLi. 4, AND 1 Vict. Cap. LXXVIII. An Act to amend an Act for the Regulation of Municipal Corporations in Englajid and Wales. [17th July, 1837.] JElection not to be questioned for title of presiding officers ; — provided that theperson shall heme taken upon himself the office.'] Whereas an Act- (a) See as to deputy recorders, 6 & 7 Vict. m. 89, o. 8 ; 32 & 33 Vict. c. 23 • and 35 & 36 Vict. c. 86, 8. 7, post. tfi) Repealed by 21 & 22 Vict. u. 73, ». 8, post. 7 Will. 4, and 1 Vict. c. 78. Ixxxi was passed in 'the fiftt and sixth years of the reign of his present Majesty, intituled An Act to provide for the regulation of municipal corporations in England and Wales (c), providing among other things for tlie election of certain o85cers in manner and form therein declared, hut such elections have not in all cases heen duly made according to the provisions of the said Act : and whereas douhts are entertained hy and before whom the meetings for such elections can now he convened and holden for the purpose of supplying such deficiencies : and whereas the elections of corporate officers and others are liable to be questioned by reason of any defect that may be in the title of the presiding officer before whom the election may have been had, not- withstanding that the election may have been otherwise good in all respects : for remedy thereof be it enacted, &c., that no election of any person into any corporate office which shall take place after the passing of this Act shall be liable to be questioned by reason of any defect in the title or want of title of the person before whom such election may have been had, provided that tlie person before whom such election shall be had shall be then in the actual possession of or acting in the office giving the right to preside at such election; and, subject and without prejudice tothe provisions for dis- continuing proceedings hereinafter contained, all elections into any corporate office since the twenty-fifth day of December in the year one thousand eight hundred and thirty-five, in any borough named in either of the schedules (A.) and (B.) annexed to the said Act for regulating corporations, and all acts duly done in right of their office since the said twenty-fifth day of December by the persons chosen at any such election, and all acts duly done by any person with reference to any such election, shall be good to all intents and purposes, notwithstanding any defect in the title or want of title in the person so presiding arising from the provisions of the said Act or of any former charter or any local custom not having been duly complied with, and notwithstanding that there may not have been at the time of the passing of the said Act any such body corporate as is named in the schedule (A.) or (B.) of the said Act in conjunction with the name of the borough in which such election may have been had, or any such officer as is charged by the said Act with the execution of such duties : provided that the person or persons before whom or by whose authority any such election may have been had or by whom any summons shall have been issued, or list made out or received, or other act done for holding or with reference to any such election, shall have bond fide taken upon himself the duties of the office 'giving right to preside at such election, or issue such summons, or make out or receive such list, or do such act as aforesaid : provided nevertheless, that nothing herein contained shall prevent any such election or act done by any person from being questioned and set aside by reason of any fraud or any irregularity or defect other than is hereinbefore specified : provided also, that nothing in this Act contained shall extend to invalidate any pay- ment lond fide made, or to invahdate or render valid any notice to quit given before the passing of this Act, or render liable to any penalty or punishment any person who would not have heen liable to such penalty or punishment in case this Act had not been made. III. {d) Elections hefore the election of assessors to be valid.'] And be it enacted, that aU elections had before the passing of this Act, or to be had (d) Section ii. is repealed by tlie Statute Law Eevisioii Ast, 1874 (37 & 38 Viot. c. 35). d 3 Ixxxii Appendix. under this Act! in any borough named in either of the said schedules, at any time before the election of assessors for such borough, shall be as good as if had before the mayor and assessors jointly. IV. 5 & 6 Will. 4, e. 76, s. 43, inpwrt repealed.— Two revising assessors to he chosen in like manner as the cmditors are.'] And whereas by the said Act it is provided, that in every case in which there shall be a division into wards of any borough the assessor who shall hold the court for revising the burgess lists with the mayor shall be the assessors of the mayor's ward (a) ; and it may be, in case the mayor be chosen from among the aldermen, that there is no mayor's ward in such- borough ; be it enacted, that so much of the said Act as provides that the assessors who shall hold the court for revising the burgess lists with the mayor shall be the assessors of the mayor's ward is hereby repealed ; and in every borough divided into wards two assessors shall be chosen on the twenty-first day after the passing of this Act, and in every subsequent year on the first day of March, or on the following day if that day be on a Sunday, to hold the court for revising the burgess lists with the mayor in like manner as is provided in the said Act concerning the election of two auditors of such borough (5). V. Burgess roll not to he questioned for the want of title of the mayor or assessors.] And be it enacted, that after the passing of this Act no burgess roll shall be liable to be questioned by reason of any defect of title or want of title of the mayor or assessors by whom the same shall have been revised, or any or either of them, provided that he or they shall have been in the actual possession and exercise of the ofiice of mayor or assessor, as the case may be. VI. Burgess roll to he in force until revision of new hurgess roll.] And be it enacted, that in every borough in which by reason of any neglect or informality a new burgess roll of the said borough shaU not have been duly made iu any year within the time directed by the said Act, the burgess roll which was in force before the time appointed for the revision shall continue in force until such new burgess roll shall have been duly made. VII. Corporations not dissolved hy neglect to malce new hurgess roll.] And be it enacted, that no body corporate named iu the schedules of the said Act for regulating corporations, in which no new burgess roll was made in the month of October last, shall therefore be taken to have been dissolved, but every such body corporate shall have and continue to have perpetual succession, and all the rights, powers, privileges, and liabilities which it would have had if the new burgess roll had been duly made (J). VIII. As to reckoning a former person's rating and occupancy as part of a subsequent occupier's.] And be it enacted, that in every case in which, under the provisions of the said Act for regulating corporations, any person shall be entitled to reckon the rating and occupancy of any house, warehouse, counting-house, or shop in any borough by any other person as part of his own rating and occupancy, it shall not be necessary, in support of the title of such person to be enrolled on the burgess roll, to prove that he was an (a) See 36 & 36 Vict. c. 33, s. 21. (i) Eemainder oJ section repealed by Statute Law Revision Act, 1874 (37 & 38 Viot. 7 Will. 4, and 1 Vict. c. 78. kxxiii inhabitant householder within the said borough, or within seven mUos of the said borough, or that he was an occupant or rated within the same, before the title to such house or other property as aforesaid shall have devolved upon him. IX. Mating in name of former ocmipier sufficient.'] And be it further enacted, that the rating in the name of the person previously occupying shall be considered a sufficient rating of the person so entitled until a new rate shall be made subsequent to such devolution of title as aforesaid. X. Provision for certain cases in which there has been equality of votes (o). XI. Provision in lieu of (provision relating to vacancies in the council.)] And be it enacted, that * * * in every case in which more than one such extraordinary vacancy shall be so supplied (d) the councillor elected by the smallest number of votes shall be taken to be elected in the room of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of votes shall be taken to be elected in the room of him who would regularly have next gone out of office, and so with respect to the other. XrV. (e) Manner of electing aldermen ] And be it enacted, that after the passing of this Act the election of aldermen by the council shall he in manner following ; that is to say, every member of the council entitled to vote in that election may vote for any number of persons, not exceeding the number of aldermen] then to be chosen, uy personally delivering at such meeting, to the mayor or chairman of the meeting, a voting paper contain- ing the christian name and surname of the persons for whom he votes, vfith their respective places of abode and descriptions, such paper being pre- viously signed with the name of the member of council voting ; and the mayor or chairman of the meeting, as soon as all the voting papers have been delivered to him, shall openly produce and read the same, and imme- diately afterwards deliver them to the town clerk, to be kept among the records of the borough ; and in case of equality of votes among those entitled to vote the mayor or chairman shall have a casting vote, whether or not he may be entitled to vote in the first instance. XV". Auditors and assessors disqualified to be of the council.] And whereas by the said Act for regulating corporations it is to be provided, that no burgess shall be eligible to be or be elected an auditor or assessor who shall be of the council ; be it also enacted, that no burgess shall be eligible to be elected a member of the council while holding the office of assessor or elective auditor. (c) Repealed, Statute Law Revision Act, 1874 (37 & 38 Yiot. c. 36). Id) See 5 & 6 Will. 4, o. 76, s. 47. The proviso at the end of that section, " that after the full number to be regularly elected of the councillors in any year shall have declared their acceptance of office, no new election of councillors shall be made by reason of such extraordinary vacancy, unless the number of councillors remaining after such vacancy shall not exceed two-thirds of the whole (fcmber of the council of such borough," was repealed by 7 Will. 4, and 1 Vict. c. 78, s. H, supra ; and that portion of the last-mentioned section is now repealed by the Statute Law Revision Act, 1874 (as above). (e) Sections xii and xiii, which were retrospective, ai'e repealed by the Statute Law Beviaion Act, 1874 (aa above). Ixxxiv Appendix. XVI. In case of illness of alderman at election.'] And be it enacted, that in case of the illness- or incapacity to act of any alderman at any election, the mayor shall be empowered to appoint another alderman to act in the room of such alderman during such illness or incapacity. XVII. Assessor may a/ppoint a deputy.'] And be it enacted, that every assessor shall be empowered and he is hereby, directed, as soon as con- veniently may be after his election, and from time to time as the occasion may arise or to him may seem fit, to appoint under his hand a depnty to act for him in case of his illness or incapacity' to act at any election or any revision of the burgess lists ; and every such appointment shall be signified by him in writing under his hand to the council, and shall.be recorded on the minutes of their proceedings. XVIII. Foil may he closed if an Jiowr has elapsed without a vote heing tendered.'] And be it enacted, that at any election under the provisions of the said Act or of this Act it shall be lawful for the presiding officer to close the poll at any time before four of the clock, if one hour shall have elapsed during which no vote shall have been tendered for any candidate : provided that no person or persons have within the last hour been prevented from coming to the poll by any riot, violence, or other unlawful means, of which notice shall have been given to the returning ofiicer. XXI. (a) No advantage to le taken- under this Act in actions hroughi hy amy corporation.] And be it further enacted, that no advantage shall be taken of the invalidity of any election which shall be rendered valid by this Act in any action already brought or which may be hereafter brought by any corporation, but such action shall be tried on its merits, as if no such objection could be set up against the plaintiff's right of proceeding, but the court in which such action is or shall be brought, or any judge of the same court in vacation, shall, on application of the defendant, if the court or judge think the invalidity of any such election would have been a defence to such action, order the plaintiff in any such action to pay such defendant his costs up to the time of the applicatign, and also his costs of the applica- tion, taxed as between party and party. XXII. Power to talce extracts from minutes, ^c] And be it further enacted, that from and after the commencement of this Act any burgess of any borough shall be at liberty, at all seasonable times, to make any copy of or take any extract from the book required by the said Act to be kept for the purpose of entering the minutes of council, and also to make any copy or take any extract from any order in council of such borough for the pay- ment of any money ; and it shall also be lawful for any alderman or coun- cillor of any borough, at all seasonable times, to make any copy of or take any extract from the book required by the said Act to be kept by the treasurer of such borough. XXIII. Proceedings of quo warranto against mayor, ^c, to 'be com- menced within twelve months.] And be it enacted, that after the passing of this Act every application to the Court of King's Bench for the purpose of calling upon any perlbn to show by what warrant he claims to exercise the office of mayor, alderman, councillor or burgess in any borough shall be la) Sections xix and xx repealed, Statute Law Eevision Act, 1874 (37 & 38 Vict. c. 36). 7 Will. 4, and 1 Tiot. c. 78. Ixxxv made before tte end of twelve calendar months after the election or the time when the person against whom such application shall be directed shall have become disqualified, and not at any subsequent time. XXIV. Applicatiom may he made to Court of King's Bench for a man- damus to put a burgess on the roll.'] And be it enacted, that it shall be lawful for any person whose claim shall have been rejected or name expunged at the revision of the burgess roll(6) of any of the said boroughs to apply, before the end of term then next following, to the Court of King's Bench for a mandavius to the mayor for the time being of that borough to insert his name upon the burgess roll, and thereupon for the court to inquire into the title of the applicant to be so enrolled ; and of the court shall award such mandamus, the mayor shall be bound to insert the name upon the burgess roll, and shall add thereunto the words " by order of the Court of King's Bench," and shall subscribe his name to such words ; and thereupon the person whose name shall be so added to the burgess roU shall be deemed a burgess, and entitled to vote and act as a burgess in all respects as if his name had been put upon the burgess roll by the mayor and assessors ; and upon every such application the court shall have power to make such order with respect to the costs as to the court shall seem fit. XXV. In case elections are not made within the time appointed hy ?i Sf 6 Will. 4, c. 76, OMd this Act, the corporations may proceed to such elections on the following day.'] And be it enacted, that after the passing of this Act, in case no election shall be made of any mayor, or any of the aldermen, councillors, or other corporate of6.cers, in any borough named in the said schedules, upon the day or within the time appointed by the said Act for regulating corporations or by this Act for any such election, or such election being made shall afterwards become void, whether such omission or avoid- ance shall happen through default of the ofiicer or officers who ought to preside at such election, or by any accident or other means whatsoever, the corporation shall not thereby be deemed or taken to be dissolved or disabled from electing such mayor, alderman, or councillor, or other corporate officer, for the future, but in any case where no such election shall be made as aforesaid the election for any such mayor, alderman, councillor, or other corporate ofBcer may be had, held, and proceeded with upon the day next after the day on which such election ought to have been made, unless such day shall happen to be on a Sunday, and then upon the Monday following, and every Act necessary to be done in order to and for the completing such election shall and may be then done, and the same shall be as effectual and valid for all purposes as if the election had been made on the proper day appointed for that purpose. XXVI. Powers given to Court of King's Bench under 11 Geo. 1, u. 4 (e), extended to elections under 5 cf 6 Will. 4, c. 76, and this Act.'] And be it enacted, that after the passing of this Act all the powers, authorities, and jurisdictions by an Act of the eleventh year ol the reign of His late Majesty King George the First, intituled An Act for preventing the inconveniences arising from want of elections of mayors or other chief magistrates of horoughs or corporations being made upon the days appointed by charter or. usage for that pujrpose, and directing in what manner such elections should (6) This should be " the burgess lists." See S & 6 Will. 4, c. 76, ss. 22, 45, ante. (c) Post, Part II. Ixxxvi Appendix. be afterwards made, given to His Majesty's Court of King's Bench in cases where no election shall be made of the mayor, bailiif and bailiffs, or other ■ chief officer or officers of cities, boroughs, or towns corporate, upon the day or within the time appointed by charter or usage for that purpose, and that no election is made pursuant to the directions in that Act prescribed, or such election being made shall afterwards become void as in that Act men- tioned, shall and the same are hereby extended to all cases in which no election shall be made of any mayor, alderman, councillor, or other cor- porate officer, or other person, to any corporate office on the day or within the time appointed for any such election under the provisions of the said Act of the fifth and sixth years of the reign of His present Majesty for regulating corporations, or of this Act ; and the said Court of King's Bench is hereby empowered in all such cases to award a mandamus, and to cause such proceedings to be had thereupon, and to make such orders, and to do all other acts, matters, and things in respect thereof, as fully and effectually as the said court is now by law authorized in any other cases of mandamus for the*election of any officers of corporations ; and the election to be held under such mandamus shall be held and the proceedings thereon conducted within the borough in the same manner and under the like regulations and provisions as are in the said Act of His Majesty King George the First enacted and provided. XXVni. {a) Money harrowed to discharge any pre-existing deht to he deemed a deht contracted before the passing of % S; 1 Will. 4, c. 104.] And whereas by an Act passed in the last session of parliament, intituled An Act for the better administration of the borough fund in certain boroughs, it is enacted, that it shall be lawful for the council of anj' borough named in the schedules (A.) and (B.) annexed to the first hereinbefore mentioned Act, to execute from time to time any deed or obligation in the name of the body corporate whose council they are for securing repayment and satisfaction of any debt or obligation contracted by or on behalf of the said body corporate before the passing of the said Act for regulating corpora- tions ; be it enacted, that any money borrowed by any such council for the purpose of being applied and which shall be actually applied in or towards satisfaction and discharge of any such pre-existing debt or obligation shall be deemed and taken to be, within the true intent and meaning of the said Act of the last session of parUament, a debt contracted by or on behalf of such body corporate before the passing of the said Act for regu- lating corporations. XXX. (5) Certain matters of local jurisdiction made cognizable by justices of peace for the county, ^c. — 6 ^ 7 Will. 4, o. 103.] And be it enacted, that all matters cognizable by virtue of any local Act of parliament or otherwise by any justice of the peace or by the general or quarter sessions of the peace having jurisdiction within any place which since the passing of the said Act for regulating corporations, or of an Act passed in the sixth and seventh year of the reign of His present Majesty, intituled An Act to make temporary provision for the boundaries of certain boroughs, has ceased, or which under any future Act may cease to be within and to be part of any borough or the^ liberties thereof, shall he cognizable by the justices of the peace or the general or quarter sessions of the county, riding, (a) Section xxvii repealed by tlie Statute Law Keviaion Act, 1874 (37 & 38 Vict. c. 36). (&) Section xxix repealed as above. 7 Will. 4, and 1 Vict. c. 78. kxxvii or diTislon, literty or jurisdiction, within which such place is situate, in the same manner and subject to the same provisions as the same were -n-ithin the jurisdiction of the justices of the peace for that borough or place or of the general or quarter sessions of the same. XXXI. Offences against local Actsmade cognizable hy horough justices. 1 And be it enacted, that after the passing of this Act all offences committed within any borough, or the precincts thereof, against the provisions of any local Act of parliament, shaU. be cognizable by the justices of such borough, and such justices shall possess all the powers and jurisdiction with respect to such offences which were heretofore possessed by the justices of any county, riding, division, liberty, or jurisdiction, by virtue of any such local Act : provided always, that in every case in which imprisonment might be awarded for any such offence, or to enforce payment of any penalty imposed by any such Act, such imprisonment may be awarded to take place in any gaol to which the justices of that borough have power to commit offenders. XXXII. Before whom covHs of records may ie holden.'] And be it enacted, that every court of record for the trial of civil actions within any borough named in the schedules to the said Act for regulating corpor?.tions may be in the absence of the recorder be holden for all purposes within the competency of the said court (except the trial of . sues in law or in fact) before any person whom the recorder shall from time to time appoint for that purpose under his hand and seal, such person being a barrister-at-law or attorney of five years' practice. XXXm. Orders, affidamits, 8(c., now made hy or hefore the, recorder, may he made hy or hefore the registrar in absence of the recorder.'] And be it enacted, that all rules, orders, and affidavits, and all other matters and things (except the trial of issues in law or fact), in any way relating to the business of any borough court of record not regulated by local Act of parliament, of which the recorder or his deputy is or hereafter may become the judge or now acts as assessor, which must now by law be made, sworn, or done by or before such recorder or such deputy, or other the judge of the said court, may be made, sworn, or done, either in court or out of court, in the absence of the said recorder or his deputy, by or before the registrar of such court, or such other person, being a barrister-at-law or attorney of five years' standing, as the recorder shall appoint under his hand and seal. XXXIV. Recorders to he sole judges of borough courts in which they act as assessors. — 6 cf 7 Will. 4, c. 105.] And be it enacted, that in every such borough court of record in which the recorder acts as assessor he shall after the passing of this Act be the sole judge ; and that the provisions of this Act and of the said Act for regulating corporations, and also of an Act passed in the last session of parliament, intituled An Act for the better administration of justice in ceHain boroughs, shall extend to all such courts of which the recorder now acts as assessor, or of which he shall hereafter become the judge, any thing in the last-mentioned Acts oi either of them to the contrary notwithstanding. XXXV. Jurisdiction of court of record may he extended.'] And be it enacted, that if His Majesty shall be pleased, upon the joint petition of the council of any borough naroed in either of the schedules to the said Act for regulating corporations, and of the justices of the adjoining county, riding. Ixxxviii Appendix. parts, or division of a county, in quarter session assembled, to grant that the jurisdiction of any court of record for the trial of civil actions, or of any court of requests or of conscience for the recovery of small debts within such borough, shall be extended over any district adjacent to the said borough, and vi'ithin the jurisdiction of such quarter sessions, such as to His Majesty, with the advice of his privy council, shall seem fit, the juris- diction of every such court respectively shall be extended according to the tenor of the grant ; and all the powers and provisions contained in the said Act for regulating corporations, and in an Act passed in the last session of parliament, intituled An Act for the better administration of justice in certain boroughs, and in this Act, relating to any such court, shall extend to the whole district comprised within such extended jurisdiction. SXXVI. Jurors may he summoned more than once yea^hf when all who a/re qualified, have been once summoned.'] And whereas by the said Act for regulating corporations it is provided that no person shall be summoned to serve as a juror at the court of session of the peace, or court of record, in any borough named in either of the schedules to the said Act, of tener than once in one year : be it enacted, that nothing in the said Act contained shall prevent or excuse any person, qualified and liable to serve on any such jury from being summoned a second time in one year in case every person qualified and liable so to serve shall have been summoned once during that year. XXXVII. Councils of boroughs to have same powers as Justices in general or quarter sessions had in relation to building, Sfc, gaols, ^e. (a), XXXVIII. Justices of cities or boroughs to regulate gaols, S^c, therein at quarterly sessions (a). XXXIX. Mayor, <^c., not to be interested in any contractfor building, S^c, gaols, Sfc.] And be it enacted, that it shall not be lawful for any mayor, alder- man, councilman, or other ofiicer of a corporation to be interested or concerned or employed, directly or indirectly, as an architect, builder, artist, mechanic, workman, merchant, trader, or otherwise howsoever in any part of the work to be done or materials to be supplied at any such gaol or house of correc- tion, or in any contract whatever relating thereto ; and if any one holding such office shall be so interested, concerned, or employed in such work or contract as aforesaid, he shall thenceforward be disqualified from con- tinuing to hold such office, and also from being thereafter elected or appointed to fill any corporate office within any such city or borough. XL. Borough gaol may be built beyond the limits of the borough.'] And be it enacted, that it shall be lawful for the mayor, aldermen, and burgesses of any borough, by their council, to contract for the purchase of, and to have and hold to them and their successors, any lands not exceeding in the whole five acres, either within or beyond the limits of the borough, and to buUd thereon a town hall, council house, police office, gaol or house of cor- rection for the borough ; and any such gaol or house of correction, although built beyond the limits of the borough, may be declared by a resolution of the council, and upon such resolution shall be taken to be, the gaol or house of cor- rection of the borough and shall be within the same jurisdiction and shall be governed and regulated in like manner as if within the limits of the borough.. (a) Hepealed— 28 & 29 Vict. c. 126 (Prisons Act, 1865), s. 73, sched. i,p08t.. 7 Will. 4, and 1 Vict. c. 78. Ixxxix XLI. Gaols, <^c., undef county jurisdiction previous to G <^ '7 Will, 4, e. 103, excluded from the provisions of that Act.'] And whereas by the ex- tension of the boundaries of certain boronghs, cities, and places, the county gaols, court houses, dep6ts for militia arms, and other public edifices and offices of counties have been included within the boundaries of those cities or boroughs, and aa-e thereby subject to the jurisdiction of such cities or boroughs and of the sheriffs and other municipal authorities thereof; in remedy whereof be it enacted, that all county gaols, courts, dep6ts for arms, and aU lands, buildings, easements, and appurtenances thereunto belonging, which before the passing of the Act passed in the last session of parliament to make temporary provision for the boundaries of certain boroughs or the authorized extension of the boundaries of any borough since "the passing of that Act, were in, of, or belonging to any county, shall be taken to be and considered and shall remain part and parcel of such county, and under the exclusive jurisdiction of the authorities of such county, as if the said last- mentioned Act had not passed. XLII. Certain borough debtors and prisoners in contempt may be removed to the county gaol?^ And be it enacted, that in every case in which by virtue of any contract made between the council of any borough and the justices of any county, riding, parts, or division of a county, liberty, or jurisdiction, according to the provisions of the said Act for regulating corporations, the gaol belonging to such county, riding, parts, or division of a county, liberty, or jurisdiction shall be used as the gaol of such borough, prisoners for debt or in contempt arrested in any such borough under any process from any court may be taken and removed from such borough and confined in that part of such gaol which is appropriated to debtors, and such removal shall not be taken to be an escape : provided always, that every such prisoner shall still be taken to be within the legal custody of the person or persons in whose custody he would have been if imprisoned within the borough gaol, and the sheriff of such county, riding, parts, or division of a county, liberty, or jurisdiction shall not be answerable for the safe custody of any such prisoner : provided also, that it shall be lawful for the person or persons in whose custody such prisoner would have been if imprisoned within the borough gaol to take such security from the gaoler or keeper of the gaol to which any such prisoner shall be so removed, for the safe custody of aU such prisoners, as shall be agreed on between the council and justices aforesaid. XLIII. Period to which accounts shall be made up.] And whereas an Act was passed in the last session of parliament, intituled An Act for the better administration of the borough fund in certain boroughs (b), providing among other things that accounts of the receipt and expenditure on account of the mayor, aldermen, and burgesses of such boroughs should be sent to one of His Majesty's principal secretaries of state, and be laid before bath houses of parliament; be it enacted, that every such account shall be made np to the last period of audit of the said receipt and expenditure, and not forther or otherwise. XLIV. Orders for money may be removed into the Court of King's Bench hy certiorari.'] And whereas it is expedient to give all persons interested in the borough fund of every borough a more direct and easy remedy for any misapplication of such fund; be it therefore enacted, that any order of the (6) 6 & 7 Will, i, 0. 104, ante. xc Appendix. council of any borough for tlie payment of any sum of money from or out of the borough fund of any borough may be removed into the Court of King's Bench by writ of certiorari, to be moved for according to the usual practice of the said court with respect to writs of certiorari ; and that such order may be disallowed or confirmed upon motion and hearing, with costs, ac- cording to the judgment and discretion of the said court. XLV. Jifanner of transferring corporate property standing in the hanh hooJcs, S(c.'\ And be it enacted, that any stocks, funds, or public securities which may be standing in the books of the governor and company of the bank of England, or of any other public company or society, in the name of the mayor, aldermen, and burgesses of any borough, either under their pre- sent or under any former style or title of incorporation, and the dividends and interest thereof, and all bonuses and accretions thereunto, which shall belong to the body corporate of such borough, without being subject to any trust for charitable purposes, may be transferred by and paid to such person or persons as the council of the said body corporate shall appoint by an in- strument in writing under the corporate seal of the borough : provided that such instrument of appointment shall be signed and sealed also by the clerk to the charitable trustees of the borough, who is hereby directed, upon re- quest, to sign and seal the same. XLVI. Marmer of transferring cTuwitahle property standing in the Ticmlc hooks, ^c.'] And be it enacted, that any stocks, funds, securities, and moneys standing as aforesaid in the name of any such body corporate, which shall belong to the charitable trustees of the borough solely upon some charitable trust or trusts, may be transferred by and paid to such person or persons as shall be appointed under the hands and seals of the greater part of the trus- tees, which appointment shall be attested under the hand and seal of the said clerk, provided that such instrument as last aforesaid shall be also sealed with the corporate seal of the borough, and the mayor of the borough is hereby required, upon request, to cause the seal of the borough to be affixed to such instrument of nomination. XLVII. By what authority and to whom dividends of charitable and corporate property standing in the hanlc hooks, t^c, shall he paid.~] And be it enacted, that the dividends and interest of any, stocks, funds, securities, and monies standing as aforesaid in the name of any such body corporate which shall belong partly to the said body corporate, but subject to some charitable trust or trusts, may be paid to such person or persons as shall be authorized to have the same paid to him or them, by an instrument in writing under the corporate seal of the borough, and appointed under the hands and seals of the greater part of the trustees, which appointment shall be attested under the hand and seal of the said clerk. XLVIII. Meceipts for monies, and application thereof] And be it enacted, that in every case the receipt of the person or persons authorized to give a receipt to the said company or society, by any instrument under the corporate seal of the said borough, and also signed and sealed by the clerk to the charitable trustees, shall be an effectual discharge, to the said company or society ; and all monies so paid shall be applied to the uses and in the manner provided by the said Act ; that is to say, so much of the said monies as may be held on charitable trusts shall be paid over to the charitable trustees of the said borough, and so much as the said body cor- porate shall be entitled to beneficially shall be paid over to the treasurer of 7 Will. 4, and 1 Vict. c. 78. xci the borough, and applied as directed hy the said Act as part of the borough fund; but no such public company or society as aforesaid shall be bound to see to the due application thereof, or to the validity of the appointment of the clerk to the charitable trustees, or to the execution of any such instru- ment by any of the said trustees, or to inquire whether or not the said stocks, funds, securities, or monies are charged with or held upon any charitable trust ; and every person authorized to receive any monies under this Act shall account to the council and to the charitable trustees respec- tively for all monies so received by him, and the council and trustees respectively shaU have the same remedies against any such person refusing or wilfully neglecting so to account as are provided by the said Act for regulating corporations, in the case of a treasurer or other officer appointed by the council refusing or vrilfuUy neglecting to account, as provided by the said Act, during the continuance of his office, or within three months after the expiration of his office. XLIX. Pcnaers of the Act, 5 . 10.] And be it enacted, that so much of the said Act as renders the mayor, aldermen, and head officer of any city, town, or place corporate liable, upon the default of the nomination of overseers therein, to lose and forfeit for every such default five pounds, shall be and the same is hereby repealed. III. Appointments of overseers in cities and boroughs by justices rendered valid.'] And be it enacted, that the appointments of any overseers of the poor in such cities, towns corporate, or boroughs heretofore made by justices (a) 43 Bliz. c. 2. cxviii Appendix, of the peace therein, without the concurrence of the mayor or other head officer thereof, shall be deemed and taken to be valid, and that every rate or assessment made or to be made, and every other act and thing done or to be done by any overseers so appointed, shall, if otherwise lawful, be valid for all purposes. IV. Saving of the city of London and places under local Acts.'] Pro- vided nevertheless, and be it enacted, that this Act shaU not apply to the city of London, nor to any of the parishes comprised therein, nor to the appointment of the overseers of any parish, township, or place where such appointment is regulated by the provisions of any local Act. 12 & 13 Vict. Cap. XVIII. An Act for the holding of Petty Sessions of the Peace in Boroughs, and for providing places for the holding of such Petty Sessions in Counties and Boroughs. [11th May, 1849.] Fetti/ sessions of the peace in ioroughs.l "Whereas certain meetings of justices of the peace called petty sessions of the peace are holdeu in and for certain divisions of the several counties of England and Wales called petty sessional divisions, and important duties have lately been assigned to the justices attending at such petty sessions, and to their clerks, by certain Acts of parliament (a), and it is desirable to declare and enact that the sittings of justices of the peace, or of a stipendiary magistrate, in and for every city, borough, or town corporate having a separate commission of the peace, or for any part thereof, shall be deemed a petty sessions of the peace within the meaning of such Acts, and that buildings or places at which such petty sessions may be holden shall, where necessary, be provided : be it therefore enacted, &c., that every sitting and acting of justices of the peace, or of a stipendiary magistrate, in and for any city, borough, or town corporate having a separate commission of the peace, or any part thereof, within England and Wales, at any police court or other place appointed in that behalf, shall be deemed a petty sessions of the peace, and the district for which the same shall be holden shall be deemed a petty sessional division, within the meaning of any Acts of parhament, already made or hereafter to be made, having relation to such petty session, or to any business to be transacted thereat. II. Justices at general or quarter sessions, or the council in horoughs, may provide places for holding petty sessions. — The justices or councilmay agree for the use of the county court for thatpwrpose.~\ And be it enacted, that in all cases where at present there are not, or where hereafter there shall not be any fit or proper place for the holding of such petty sessions within any such petty sessional division as aforesaid, in any county, riding, liberty, or divi- sion within England and Wales, or within any city, borough, or town corporate within the same, it shall be lawful for the justices of the peace for any such county, riding, liberty, or division, in general or quarter sessions (a) See 11 & 12 Vict. co. 42 and 43. 12 S 13 Tict. c. 64. cxix assembled, and for tlie council or other governing body in any such city, borough, or town corporate having a separate commission of the peace, respectively, if they shaU respectively thini fit, from time to time to direct that fit and proper places be hired or otherwise provided for the holding of such petty sessions of the peace within any such petty sessional division as aforesaid, and that the expenses thereof and attendant thereon be paid out of the county rate or borough fund respectively, as the case may be : pro- vided always, that no such direction for hiring or otherwise providing any place for the holding of such petty sessions shall be given by the justices for any such county, riding, liberty, or division so assembled as aforesaid, unless an appUcation in writing for that purpose, signed by the justices of the peace acting in such petty sessional division, or the major part of such justices, shall have been transmitted to the clerk of the peace six weeks at the least before the holding of the general or quarter sessions at which such direction shall be given ; and the clerk of the peace shall cause notice of such application to be published in some newspaper circulating in the same county, riding, liberty or division, and in which the advertisements of the county business are usually inserted, fourteen days at the least before the holding of such general or quarter sessions : provided always, that in every such case when it may be so required to provide a fit and proper place for the holding of such petty sessions as aforesaid, if it shall appear to the justices so assembled as aforesaid, or to the council of such city, borough, or town corporate respectively, that the county court for the district is holden in any building or place which would be appropriate for the holding of such petty sessions, it shall be lawful for such justices or^council respec- tively to contract with the treasurer of such county court for the use and occupation thereof or of so much thereof as may be needed for the purposes of such petty sessions, for such time or times, weekly or otherwise, and at such annual rent, and subject to such conditions as to repairs, alterations, or improvements of such building or place, as may be agreed upon. III. Justices of the peace of different counties may provide places for holding petty sessions at the joint expense of such counties. 12 & 13 ViOT. Cap. LXIV. An Act to remove Doubts as to the authority of Justices of the Peace to act in certain matters relating to the Poor in Cities and Boroughs. [28th July, 1849.] I. Justices of the peace in cities and loroughs may act in all matters relating to the relief of the poor under the 43 MHz. (c. 2,) in such cities and boroughs.] Whereas by the Act of the forty-third year of the reign of Queen Elizabeth, intituled An Act for the relief of the poor,^ authority is given to justices of the peace for counties to act in certain matters relating to the poor, and doubts have been entertained whether the same powers extend to justices of the peace having jurisdiction within cities and boroughs, and it is expedient that such doubts should be removed: be it therefore enacted, &c., that, notwithstanding anything in the said Act con- tained, all powers and authorities which by the said Act may be exercised out of general or quarter sessions by two or more justices of any county. cxx Appendix. may be exercised within any city or borough by any two or more justices of the peace having jurisdiction within such city or borough respectively, as fully in aU respects as by the justices of the county in or for any parish of such county. II. Acts of the justices in any city or lorongh confirmed.'] And be it enacted, that nothing heretofore done in any city or borough for the pur- poses of the said Act by any two or more justices having jurisdiction in such city or borough shall be deemed or taken to have been illegally or in- sufficiently done by reason only that neither of the said last-mentioned justices was mayor, baiUif, or head officer of such city or borough, but every- thing so done by such two or more justices, if otherwise lawful, shall be deemed to he and to have been valid to all intents and purposes. 12 & 13 VioT. Cap. LXV. An Act to provide a more convenient mode of le^-ying and collecting County Rates, County Police Rates, and District Police Rates in Parishes situated partly within and partly without the limits of Boroughs which are not liable to such Rates. [28th August, 1849.] The overseers of pa/rishes situated parth/ within boroughs and partly without to collect the county rates, county police rates, and district police rates leviable on thepa/rt of the parish not coniprised within the borough (a)"]. Whereas there are several parishes in England and Wales parts of which are comprised in boroughs not subject to contribute to the county rate or county or district police rate, while the parts out of the borough are liable to contribute thereto: and whereas there are several parishes parts of which are comprised in boroughs which are subject to district, borough, and other rates, while the parts out of the borough are not liable to contribute thereto: he it enacted, &c., tliat where any parish or place separately maintaining its own poor shall be divided in manner hereinbefore stated, and any county rate {a), or county or district police rate or other rate which may by law be raised in like manner as a county rate, shall he assessable upon the part of the parish or place which is comprised within the county and excluded from the borough, the overseers of such parish or place shall, on receipt of any precept or other lawful demand from the justices of the county, or other due authority in that behalf, demanding the payment of any sum of money as the contribution of the part of such parish or place out of the borough towards any such rate as aforesaid, with all convenient speed assess the sum so required upon the persons liable within such part of the parish or place to pay the poor rate therein, by means of a separate rate, to be made, allowed, and published in like manner as the poor rate, and either by themselves or by the collector of poor rates for the time being appointed for the said parish or place shall (a) Sect. 1 of 15 & 16 Vict. c. 81 (,An Act to consolidate and amend the statutes relatbig to tlie assessment and eoUection of county rates in England and WaUs), repeals so mucli of this section as provides " that the overseers of paiishes or places separately maintaining its {sic) own poor, and divided in the manner (therein) men- ' tiuned should collect the coimty rates leviable on the part of the parish or place not comprised within the borough." 12 & 13 Yict. c. 65. exxi collect the same separately or with the poor rate payahlo by the parties assessed thereto, and for the pmposes of assessing and collecting the same shall have aU such powers, authorities, privileges, protections, and incidents as belong to them in the assessing and collection of the poor rate; and all provisions of the law for enforcing the collection of the poor rate, and recovering the costs of the proceedings therein, shall he applipable to the collection of the rate or rates herein provided for. II. Similar proviHonfor the collection of the horough rate in places similarly situated.'] And be it enacted, that in every case in which any such parish or place shall be partly within and partly without any borough, the overseers or other persons charged with the collection of the rates made for the relief of the poor in such parish or place, upon the receipt of any warrant from the mayor, or any justice or justices of the peace, high con- stable, or other officer duly authorized to act in that behalf within the borough, for the payment of money for the contribution of the part of such parish within such borough towards any district, borough, or other rate (which warrants every such mayor, justice of the peace, high constable, and other officer shall be severally empowered to direct to them in lilce manner as if the whole of such parish or place were within their borough), shall assess upon and levy from the inhabitants and occupiers of all messuages, lands, tenements, and hereditaments liable to the poor rates in that part of their parish or place which is within the borough, the amount mentioned in the warrant, either as a separate rate or rates, for which the said overseers shall have all the powers which belong to them for levying a rate for the relief of the poor, or with and as part of the poor rate to which the inha- bitants and occupiers of property within that part of the parish or place may be liable in common with the inhabitants and occupiers of property within the other part thereof which is not within the borough, and out of the monies so levied and collected shall pay the amount mentioned in the warrant to the person duly authorized to receive the same, and in default thereof shall be subject to all the provisions and penalties provided by this Act, or any Act concerning the non-payment of any borough rate. III. Appeal against the rate and audit of the accounts.'] And be it enacted, that any person assessed to any rate made under the authority of this Act, may appeal against the same in like manner, and with the like consequences in all respects, and subject to the same provisions and regula- tions, as in appeals against the poor rate; and that every overseer and collector shall account for the money levied, collected, and expended under the authority of this Act, to the auditor of the district comprising such parish or place, in like manner as for the poor rate, and if any balance be found to be in his hands shall apply the same towards the next rate re- quired for.the purpose of this Act, or shall pay the same to his successor in office ; and in default of his so applying the same while in office, or making payment to his successor within seven days after the balance shall have been found, such auditor shall proceed to recover the same from the person holding the same, in like manner as sums certified by him to be due feom persons accounting shall from time to time be recoverable, and he shall be paid his costs and expenses', when not recovered from the defendant, by the then overseers of the parish or place, who shall be reimbursed out of the balance of such rate, or if need be out of the next rate. IV. Mode of procuring the funds when the precept is sent to the guardians of the wnion comprising the divided place.'] And be it cxxii Appendix, enacted, that where a precept shall be issued to the gTiardians of the union comprising any such parish or place, under the provisions of the Act passed in the eighth year of the reign of Her Majesty, intituled An Act for facilitating the collection of county rates, and for relieving high con- stailesfrom attendance at quarter sessions in certain cases, and from certain other duties {a), and such precept shall contain a sum to be assessed and charged in respect of any such rate as is herein provided for upon a part of such parish or place as aforesaid, the said guardians may require the overseers of such parish or place to pay to their treasurer a sum of money sufficient to enable the said guardians to pay the suua so assessed, with the other sums mentioned in the said precept, to the treasurer of the county or other person lawfully authorized to receive it; and the said overseers shall pay the amount out of any monies in their possession belonging to the parish or place, or to the part of such parish or place respectively, and reimburse themselves, if necessary, by a rate to be levied as hereinbefore described, upon the persons liable thereto, or if they have no such monies shall forthwith proceed to levy and collect the requisite amount by such rate, and pay the same over to the treasurer of the said guardians : provided, nevertheless, that if such overseers make default and do not mate the requisite payment within the appointed time, they shall be subject to be proceeded against in like manner as the overseers of a parish wholly situated within the county are subjected to under the provisions of the said Act. V. Where the amount reqniredfor the county or other rate is small, the making of the rate for reimhursement may he postponed.^ And be it enacted, that where the amount required in respect of any such county rate, police or district police rate, from any part of such parish or place as afore- said, shall in the judgment of such overseers be so small as to render the levying and collecting of a separate rate for it inconvenient, the overseers may postpone the reimbursement of themselves for any such advance as aforesaid, and they or their successors may afterwards, on the recurrence of the next precept or other lawful demand, or of that next but one, levy and collect such a rate as aforesaid to raise the whole amount so previously advanced and unsatisfied out of the poor rates of the parish, as well as the amount required by the then precept or demand, and shall apply the sum so collected in reimbursement of the previous payments, and the satisfaction of such precept or demand, and shall apply the balance, if any, towards the discharge of the next precept or demand. VI. Sepeal of certain part (s. S8,) of 1 Vict. c.-SX.'] And be it enacted, that from the twenty-ninth day of September one thousand eight hundred and forty-nine so much of the Act passed in the first year of Her Majesty, intituled An Act to provide for the levying of rates in boroughs and towns Jtaving municipal corporations in JSngland and Wales, as applies to the making, levying, and collecting the county rate and borough rate in divided parishes or places, except in respect of rates before that time made, levied, or collected, or of any arrears of rates in course of being collected, be repealed, and all balances which may remain over the sums required by the precepts under which the rate was levied shall be applicable towards the discharge of the next county rate or borough rate assessed upon such divided parish or place, and if not so applied by the party holding the same shall be recoverable by the person entitled to receive the same, on complaint (a) 7 & 8 Tlct. c. 33. 12 S 13 Yict. c. 82. cxxiii before two justices of the peace of the county having jurisdiction in that part of the parish or place, who shall make an order for the payment of the sum due, to he enforced in like manner and with the like (ionsequences as orders of justices for the payment of money .shall he then hy law enforceahle. 12 & 13 Yict. Cap. LXXXII. An Act to relieve Boroughs, in certain cases from Contrihution to certain descriptions of County Esipenditure. [1st August, 1849.] Soroughs having or •providing a gaol and house of correction not to he liable to contribute to a county gaol atid house of correction, except in a certain^ manner.'] Whereas by an Act passed in the session of parliament held in the fifth and sixth years of the reign of His Majesty King William the Fourth, intituled An Act to provide for the regulation of municipal corporations in England and Wales (6), it was 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 should 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 was situated ; and after the grant of such court to any borough it should not be lawful for the justices of the peace of any county wherein such borough or part of such borough was 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 should thenceforward be wholly freed and dis- charged from contributing, otherwise than was thereinafter provided, to any rate or assessment of any kind of and for the county in which any part of such borough was situated ; and it was thereby ftirther enacted, that the treasurer of every county in England and Wales should keep an account of aU 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 out of the prosecution, maintenance, and punishment, conveyance and transport, of offenders committed for trial in such county, and, in case of boroughs having a separate court of quarter sessions of the peace, other than out of coroners' inquests, and should not more than twice a year send a copy of such account to the council of every borough situate within such county in which a separate court of quarter sessions of the peace should be holden, and which before the passing of the Act intituled An Act to settle and describe the divisions of counties, and the limits of cities and boroughs, in JSngland and Wales, sofa/r as respects the election of members to serve in parliament (c), was chargeable with or liable to contribute in whole or in part to the county rate of such county, and should make an order on the council of every such borough for the pay- ment 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 afore- said, if the said Act had not passed, upon such borough as the same should (6) 5 & 6 Will. 4, c. 76, ante. (c) 2 & 3 WUl. 4, c, 64. /2 cxxiv Appendix. be bounded according to the provisions of the said Act ; and the council of such borough should 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 : and whereas by an Act passed in the session of parliament held in the fifth and sixth years of the reign of Her present Majesty, and intituled An Act to amend the laws concerning prisons (a), it is required that in every borough in which there is or shall be a body corporate, of mayor, aldermen and burgesses under the provisions of the said firstly hereinbefore recited Act, and to which a , separate court of sessions of the peace hath been or shall be granted, there shall be one gaol and at least one house of correction (except only where such contracts as in the said Act mentioned have or shall have been entered into by the said ■ mayor, aldermen, and burgesses, and shall be subsisting for the maintenance of prisoners committed from such borough), and every such gaol and house of correction is to be provided and maintained by and at the cost of the same borough : and whereas it is just and expedient that every such borough having, or providing and maintaining, at its separate cost, such gaol and house of correction, should be exempted from paying or contributing to the costs also of providing or erecting and maintaining any new gaol for the county in which the same is situate, except only as is herehiafter excepted : and whereas it is also just and expedient that every such borough having, or providing and maintaining, either alone or jointly with other parties, any suflttcient asylum or asylums for the reception and maintenance of its pauper lunatics according to the provisions of an Act passed in the session of par- liament held in the eighth and ninth years of Her present Majesty, intituled An Act to amiend the Icmis for the provision and regulation of pauper Itmatic asylmns for counties and boroughs, and for the maintenance and ca/re of pamper lunatics in England (J), should be exempted from paying or contributing to the costs also of providing, erecting, or maintaining any pauper Imiatic asylum for the county in which the same borough is situate, and of maintaining the pauper lunatics chargeable thereto : be it enacted &c., that from and after the passing of this Act no borough to which a separate court of quarter sessions of the peace hath or shall have been granted under the provisions of the said firstly recited Act, and which shall possess or provide, or shall have commenced and shall be hond fide proceeding with the construction of a sufiicient gaol and house of correction to the satisfaction of one of Her Majesty's principal secretaries of state for the custody and correction of persons com- mitting offences within such borough, shaU, under the provisions of the said first recited Act or otherwise, be charged with or liahle to pay or con- tribute any costs, charges, or expenses to be incurred by any county in which such borough shall be wholly or partly situate, in purchasing or pro- viding a site for or erecting or completing or maintaining any new gaol or house of correction for such county, except only that in calculating the monies which any borough shall be liable to pay or contribute under the provisions of the said firstly recited Act on account of any costs arising out of the prosecution, maintenance, and punishment, conveyance and transport, of any ofienders committed for trial to the assizes in such county from the same borough, or, under the provisions of the said Act for the amendment of the laws concerning prisons, on account of the expenses incurred in the conveyance, transport, maintenance, safe custody, and care of any persons committed for offences arising within such borough, and sent to any prison (a) 6 & 6 Vict. c. 98. (6) 8 & 9 Vict. o. 126. 12 S 13 Vict. c. 82. cxxv of tlie county in which such borough is situate, it shall be lawful for the parties or party making such calculation to include therein such proportion of any monies which shall be paid by the county out of the county rate, or out of any monies received in aid of the county rate (monies borrowed by the county not being considered as monies received in aid of the county rate), on account of the purchase or the pronding of a site for, or erection, completion, or maintenance of such gaol or house of correction, or on account of the principal or interest of any monies which shall have been borrowed by the county for such purposes, or any of them, as the number of borough prisoners, which shall have been in custody in any gaol or house of correction belonging to the said county during the period for which such calculation shall be made shall bear to the whole number of prisoners during the same time confined in all the gaols and houses of correctioii belonging to the said county : provided that nothing in this Act contained shall extend to exempt any such borough from contributing its proportion of any expense heretofore incurred, for any of the purposes aforesaid, by any county in which such borough shall be situate as aforesaid, but every such borough shall remain liable to and pay such proportion thereof as it would have, been chargeable with in case this Act had not passed: provided also, that no such borough shall be entitled to or be allowed credit for any share or proportion of any monies to arise or be produced from the sale of any old or unnecessary gaol or house of correction belonging to such county, or of the site thereof, anything in the said firstly recited Act or any other Act contained notwithstanding. II. Boroughs Tiamng or providing a lunatic asylwm not to he liable to contriiute to county asyhrni.'] And be it enacted, that from and after the passing of this Act no such borough as aforesaid which shall possess or pro- vide, or shall have commenced and shall be lond fide proceeding with the construction of a suf&cient asylum, to the satisfaction of one of Her Majesty's principal secretaries of state, for the reception or care of the pauper lunatics in such borough, in pursuance of the said Act for amending the laws for the provision and regulation of lunatic asylums for counties and boroughs, and for the maintenance and care of pauper lunatics in England, shall be liable to pay or contribute to the payment of any costs, charges, or expenses incident to the future or subsequent purchase, erection, fitting up, or maintenance of any new lunatic asylum by the county ia which such borough is situate, or to the payment of any costs, charges, or expenses which may be incurred after such asylum shall be actually opened for the reception or care of the pauper lunatics in such borough, for main- taining any pauper lunatics chargeable to such county. III. Providing for cases where settlement of pamper lunatics is (c) Eepealed by 18 & 19 Vict. c. 106, s. 14 ; which enacts tliat "wliere any pauper lunatic is not settled in tlie parish by which or at the instance of some officer or officiating clergyman of which he ia sent to an asylum, registered hospital, or licensed house, and it cannot be ascertained in what parish such pauper lunatic is settled, and such lunatic was found m a borough having a separate court of quarter sessions of the peace and which is not liable under the Act of the session holden m the fifth and sixth years of King WilUam the Fourth, chapter seventy-sis, section one hundred and seventeen, to the payment of a proportion of the sums expended out of the county rate, such lunatic may be adjudged to be chargeable to such borough ; and it shall not be lawful for any justices to adjudge such lunatic to be chargeable to any county, nor to make any order upon the treasurer of any county for the pay- cxxvi Appendix. rv. Interpretation of Act.'] And be it enacted, that throughout this Act where there shall be nothing in the subject or context repugnant to such construction, words importing the singular number shaU include the plural number, and vice versd ; and the word " prison" shall include gaol and house of correction. 13 & 14 Vict. CiP. XLII. An Act to confirm the Incorporation of certain Boroughs, and to provide for the payment of the expenses of the Incorporation of new Boroughs. [29th July, 1850.] Section 1, ChaHers of incorporation (to the horoughs of Salifax, Oldham, and Tynemouth,) and the proceedings thereunder confirmed. II. Districts set forth in mch charters to he deemed the extent of mmii- eipal boroughs. III. In case of future cha/rters, the costs and expenses may ie paid out of the borough rate.^ And be it enacted, that when any charters of incor- poration shall hereafter be grajated by Her Majesty to any town or borough in England or Wales, in pursuance of the provisions of an Act made and passed in the session of parliament held in the fifth and sixth years of the reign of King WUliam the Fourth, intituled An Act to provide for the regulation of municipal corporations in ^England and Wales {a), or of any Act or Acts which have been or may be passed to amend the same, it shall be lawful for the council of such town or borough to pay the costs and expenses of and in relation to such charter of incorporation, and of and in relation to all elections. Acts, and proceedings under the same, out of any borough rate or borough rates to be made for such town or borough. ment of any expenses whatsoever Incurred or to be incmTed in respect of the said lunatic ; and all the provisions in the Lunatic Asylums Act, 1853, as to the mode of deteiTnining that a pauper lunatic is chargeable to a county, and as to the order to be made for the maintenance of such pauper lunatic, shall extend and be applied to such borough, as fully and efEectually, to all intents and pui'poses, as if all the said provisions were repeated and re-enacted in this Act, and made applicable to such borough, in the same manner in' all respects as though for the pm'poses of this pro- vision such borough were a separate and distinct county." (a) 6 & 6 WUl. 4, c. 76. 13 <^ 14 Vict. c. 64. cxxvii 13 & 14 Vict. Cap. LXIV. An Act to provide for more effectuaUy maintaining, repairing, improving and rebuilding Bridges in Cities and Boroughs. [14th August, 1850.] Providing for the repairs and rehuilding of Iridges toitUn limits of corporate cities or loroughs.'] Whereas it is expedient that all bridges in any city or borough, which such city or borough, and not the county in which such city or borough is situate, is legaUv bound to maintain and repair, should be under the sole management' and control of the council of such city or borough : and whereas it is also expedient that such council of such city or borough should in certain cases be empowered to borrow on the security of the rate of such city or borough the money which may from time to time be required for the purpose of maintaining, altering, ■widening, repairing, improving, and rebuilding such bridges : he it there- fore enacted, &c., that from and after the passing of this Act every bridge which is either wholly or ui part within the limits of any city or borough in which there is or shall be a body corporate, of mayor, aldermen, and burgesses, under the provisions of an Act passed in the sixth year of the reign of his late Majesty, intituled An Act to provide for the regulation of municipal corporations in TSngland and Wales (b), or of any charter granted in pursuance of that or of any subsequent Act, and which bridge such city or borough, and not the county in which such city or borough is situate, is legally bound to maiotain or repair, shall, as to the whole of such bridge, if the same is wholly within the limits of such city or borough, or as to such part as is within the limits of such city or borough, if part only is within such limits, be maintained, altered, widened, repaired, improved, or rebuilt imder the sole management and control of the council of such city or borough. II. Councils mag direct payment of necessary amount of money out of rates.'] And be it enacted, that for the purposes of this Act such council of any such city or borough, at any meeting of such council, shall have and may exercise aU the powers which the justices of the peace of any county at their general or quarter session of the peace, or at any other time, now have and may exercise with respect to any county bridge, or as near thereto as the nature of the case will admit ; and that it shall and may be lawful for such council, and they are hereby empowered, to order and direct that such sum or sums of money as shall be necessary for the purposes aforesaid shall be paid, out of the rate of such city or borough, by the treasurer for the time being of such city or borough, at such times and in such manner as to the said council shall seem fit : provided always, that it shall not be necessary for the council of any such city or borough to cause any notice to be given or published in any newspaper in any case in which notice is required to be given or published with respect to county bridges (c). III. Council may borrow money for the pwrpose 'of maintaining or rebuilding bridges.'] And be it enacted, that when and so often as it shall appear to the council of any such city or borough, at any meeting of such (B) 6 & 6 Wm. 4, c. 76. (c) For the statutes relating to county bildges see the Chrouologlcal Table and Index of Statutes, 2nd Ed. p. 368. cxxviii Appendix, council iolden at any time after tie passing of this Act, that the amount of any estimate approved of by such council for the maintaining, altering, widening, repairing, improving, or rebuilding of any such bridge or bridges, or any part thereof, or the approaches thereto, which any such city or borough, and not the county in which such city or borough is situate, is legally bound to maintain and repair, shall exceed the sum of one hundred and fifty pounds, it shall and may be lawful for such council and they are hereby empowered, after having first entered a statement of the amount of such estimate in the minute book of the council, to borrow and take up on mortgage of the rate of such city or borough, by an instrument in the form contained, in the schedule to this Act annexed marked (A.), or to the like effect, any sum or sums of money not exceeding the amount of such esti- mate, in sums of not less than fifty pounds each, at interest, as to the said council shall appear necessary and expedient, for the purposes aforesaid or any of them, and to secure every such sum of money so borrowed upon the credit of the said rate ; and it shall and may be lawful for such council at any such meeting, and they are hereby authorized and empowered, to treat and agree with any person or persons for the loan of any such sum or sums of money ; and every such instrument under the hand of the mayor or other member of the council who shall happen to preside at any such meeting as aforesaid, and under the corporate seal of the said city or borough, shall be and the same is hereby declared to be effectual for securing the money therein expressed to be advanced, with interest thereon, to the person or persons advancing the same, on such terms as in and by such instrument shall be stipulated; and a copy of every such instrument shall be kept by the town clerk of any such city or borough as aforesaid ; and it shall and may be lawful for any person or persons who shall be entitled to the money thereby secured, and for his, her, or their executors or administrators, and such person or persons, and his, her, or theii* executors or administrators are hereby empowered, by endorsing his, her, or their name or names on the back of any such instrument, and by giving notice of such endorsement to the town clerk for the time being, to transfer the same, and his, her, or their right to the principal money and interest thereby secured, unto any person or persons ; and every such assignee or assignees, his, her, or their executors or administrators, may in like manner transfer the same again, and so toties quoties ; and the person or persons to whom any such transfer thereof shall be made, and his, her, or their executors, administrators, or assigns, shall be a creditor or creditors upon the said rate in an equal degree one -ndth another, and shall not have any preference with respect to the priority of any monies so advanced as aforesaid. IV. Interest on monies borrowed, to he a charge upon the rates.'] And be it enacted, that it shall and may be lawful for such council and they are hereby authorized and required to charge the rate to be raised in such city or borough, not only with the interest of the money so borrowed, but also with the payment of such further sum as shall ensure the payment of the whole of the sum borrowed within fourteen years from the time of borrow- ing the same, and such sums shall be assessed on such city or borough in such manner as borough rates are directed to be assessed under the laws in force for that purpose, and shall be paid and applied, under the direction of such council, in discharge of the interest, and of so many of the principal sums on the said securities as such money will extend to discharge in each year, untU the whole of the money for which such securities shall be made, and the interest thereof, shall be fully paid and discharged; and the council shall and they are hereby required to fix one or more day or days in 13 d 14 Vict. c. 64. cxxix eact year on whicli such payment shall be made, and shall give directions for assessments to he made in due time, so as to provide for the regular payment thereof ; and the treasurer of such city or borough shall and he is hereby required to keep an exact and regular accoimt of all the receipts and payments under the authority of this Act, in a book or books, separate and apart from all other accounts, and the same to adjust and settle in such manner that it may easily be seen what interest is growing due and what principal money has been discharged, and what remains due, and the books or books so adjusted and settled to lay before the council at every quarterly meeting of such council ; and such council shall also and they are hereby required, at every such quarterly meeting, carefully to inspect all such accounts, and to give such orders and directions for carrying the purposes of this Act into execution, in such manner as to them shall seem meet ; and such council at such quarterly meeting as aforesaid shall du-eot in what order such securities shall be discharged, by drawing lots or otherwise, as they shall think fit : provided always, that they shall in the iirst place discharge all such securities as shall bear the highest rate of interest. V. Sepair of bridges included within ioundaries of mwnioipal borouffhs.'] And whereas by the extension of the boundaries of certain boroughs under the provisions of the Act of the fifth and sixth years of King William the Fourth, intituled An Act to provide for the regulation of muni- cipal corporations in Mngland and Wales {a), certain bridges and parts of bridges have been included within the boundaries of those cities and boroughs, and are thereby subject to the jurisdiction of such cities or boroughs, which bridges before the passing of such Act were maintained as to the whole or such parts thereof as were within the limits of such cities and boroughs by the inhabitants thereof, and the remaining bridges and parts of bridges which were not situate within such limits were maintained by the inhabi- tants of the counties or ridings respectively adjoining thereto : and whereas doubts have arisen respecting the future repairs and maintenance of such bridges : be it therefore enacted, that every bridge which is wholly or m part included within the boundary of any such city or borough the inhabi- tants whereof, before the passing of the said recited Act, were by prescrip- tion or otherwise liable to and did maintain the bridges and parts of bridges within their respective cities and boroughs, shall as to the whole of such bridges, if the same is wholly within the limits of such city or borough, or as to such part as is within the limits of such city or borough, if part only is within such limits, be maintained, altered, widened, and repaired, improved or rebuilt, under the sole management and control of the council of such city or borough. (a) 6 & 6 wm. 4, 0. 76. /3 cxxx Appendicc. The SCHEDULE to which this Act refers. (A.) Form of Mortgage and Charge upon the Borough Sate for secwring Money borrowed. I A. S. [mayor, alderman or comioillor, as the case may ie,] of the [city or borough of ], and chairman of a certain meeting of the council of the said [city or borough of , as the case may he,'] duly holden at aforesaid on the day of in the year of our Lord in pursuance of the powers to me given by an Act passed in the year of the reign of Her Majesty Queen Victoria, intituled \_msert title of Act], do hereby mortgage and charge all the rates to be raised within the said [city or borough] imder the description of borough rates by the laws now in being with the payment of the sum of pounds, which C. D. of hath proposed and agreed to lend, and hath now actually advanced and paid, towards defraying the expenses of [maintaining, altering, widening, repair- ing improving, or rebuilding, as the case may ie,'\ a certain bridge called [or] certain bridges called and within the said [city or borough], and the approaches thereto [as the case may he~] ; and I do hereby assign the same nnto the said C. D., his executors, administrators, and assigns, for securing the payment of the sum of pounds, and interest for the same after the rate of pounds per centum per annum, and do order the treasurer for the said [city or borough] to pay the interest of the said sum of after the rate aforesaid, half-yearly as the same shall become due, until the principal shall be discharged, pursuant to the directions of the said Act. 13 & 14 ViOT. Cap. XCI. An Act to authorize justices of any borough having a separate gaol to commit assize prisoners to such gaol, and to extend the jurisdiction of borough justices to aU offences and matters arising within the borough for which they act. [14th August, 1850.] ^Prisoners may he committed to horough gaols for trial at the assizes.'] Whereas great inconvenience and expense have been found to result to cities and boroughs having or providing and maintaining at their own cost gaols or houses of correction, from the necessity of committing to the common gaol of the county in which such city or borough may be situated for trial at the assizes holden for such county persons charged with offences committed within the limits of such city or borough, and it is expedient that the law should be altered and amended : and whereas it is also expedient that justices of the peace acting for any city or borough should have the same powers and authorities in all respects with regard to offences com- mitted and matters arising within the limits of such city or borough as justices of the peace for the county within which such city or borough is situated now have with regard to such offences or matters under or by 13 S 14 Vict. c. 91. cxxxi virtue of any local or general Act of parliament : be it therefore enacted, kc, that from and after the passing of this Act it shaU be lawful for any justice of the peace acting for any city or borough now having or providing and maintaining at its own cost, or which shall hereafter have or provide and maintain at its own cost, a gaol or house of correction, to commit for safe custody to such gaol or house of correction, for trial at the assizes to be holden for the county in which such city or borough may be situated, any person charged before him with any offence, except murder, committed ■within the limits of such city or borough triable at such assizes, and the commitment shall specify that such person is committed under the authority of this Act, and whenever any such person shall be committed to any such gaol or house of correction for trial at such assizes the keeper of such gaol or house of correction shaU deUver to the judges of assize a calendar of all prisoners in his custody for trial at such assizes, in the same way that the sheriff of the county {a) would be by law required to do if such prisoners had been committed to the common gaol of the county in which such city or borough may be situated; and the justice or justices by whom any person charged as aforesaid shall be committed shall deliver or cause to be delivered to the proper officer of the court the several recognizances, informations, depositions, and statements relative to such person at the time and in the manner that "would be required in case such person had been committed to such county gaol. II. Hothvug to authorize justices to commit persons cfiarged with mwder to any other than the comity gaol. — As to expenses incurred in maintenance of last-mentioned prisoners,'] Provided always, and be it enacted, that nothing herein contained shall be construed to give any justice of the peace acting for any city or borough power to commit persons charged with murder to the gaol or house of correction of any city or borough for trial at the assizes to be holden for the county in which such city or borough may be situated, but such justices shall and they are hereby authorized and required to commit all such persons to the common gaol of such county for trial in such and the same manner as if this Act had not passed : provided also, that the expenses properly incurred by such county in the maintenance, safe custody, and care of such last-mentioned prisoners so committed whilst in custody in such county gaol shall be borne and paid by such city or borough in the manner hereinafter provided with respect to prisoners removed to the county gaol for trial at the assizes. III. Prisoners committed to iorough gaols to he removed to county gaol previous to trial'] And be it enacted, that all persons who may under the authority of this Act be committed to the gaol or house of correction of any city or borough for trial at the assizes to be holden for the county in which such city or borough may be situated shall in due time be removed by the gaoler or keeper of such gaol or house of correction, with their commit- ments and detainers, to the common gaol of the county, in order that they may be tried at the assizes to be holden for such county, and such removal shall not be deemed or taken to be an escape. rV. Prisoners whilst under removal to he deemed to he in proper legal custody.] And be it enacted, that every prisoner so removed shall for and during the time of such removal, and also for and during such time as he (o) See 28 & 29 Yiot. o. 126, s. 62, post. cxxxii Appendix. shall be detained in the cotmty gaol, he to all intents and pnrpoees deemed and considered to be in the proper legal custody, notwithstanding he may in effecting such removal have been taken out of the jurisdiction of the city or borough to the gaol or house of correction of which he may have been originally committed into any other jurisdiction, or out of the county in which such gaol or house of correction may be situated into or through any other county or division of a county ; and no action or other proceeding shall or may be maintained by such prisoner or by any other person against the gaoler or keeper of the gaol or house of correction of any city or borough, or against the gaoler or keeper of the common gaol of the county, by reason or in consequence of such prisoner having been taken out of the jurisdiction of such city or borough into any other jurisdiction, or out of the county in which such city or borough may be situated into or through any other county or division of a county. T. Expenses of prisoners removed to county gaoU to he calculated as provided hy h Sf ^ Vict c. 98.] And be it enacted, that the expenses which shall be incurred by such county in the maintenance, safe custody, and care of every prisoner so removed whilst in custody in such county gaol, shall be calculated upon the same principle and in the same manner as provided by an Act passed in the sixth year of the reign of Her present Majesty, intituled An Act to amend the loAos concerning prisons, with respect to borough prisoners committed to a county prison where no special contract is subsisting between such borough and county relative to such prisoners ; and such expenses, and all other expenses which may he incurred by such county in respect of every such prisoner, shall be paid by the council of such city or borough to the treasurer of such gaol or county ; and the amount of all such expenses shall, in case of dispute, be settled by a barrister-at-law in the manner provided by the said Act. VI. Account of expenses to he made out and signed hy cleric to justices, and sent to town clerk of horough.'] And be it enacted, that an account in writing of the expenses due and payable, or claimed to be due and payable, in respect of the maintenance, safe custody, and care of such prisoners as aforesaid, shall be made out from time to time, and signed by the clerk to the visiting justices of the county gaol to which such prisoners shall have been committed, and dehvered to the town clerk of the city or borough within which the offences shall have been committed ; and such account shall be conclusive against such city or borough, unless some objection shall be made in writing, and signed by the town clerk of such city or borough, and delivered to the clerk of the said visiting justices, within one calendar month next after such account shall have been delivered to such town clerk. VII. In cases of conviction for offences committed within limits of any cityy Sfc, court Tnay commit offender to horough gaol. — In case of convmit- ment of persoris.'] And be it enacted, that whenever any person shall be convicted at any assizes of any offence committed within the limits of any city or borough having or providing and maintaining at its own cost a gaol or house of correction, for which offence such person shall be liable either to the punishment of transportation or imprisonment, it shall be lawful for the court, if it shall so think fit, to commit such person to such gaol or house of correction, in execution of his judgment ; and in case of the com- mitment of any person either sentenced to transportation or pardoned for any capital offence on condition of transportation, all the powers, provisions, and authorities for the removal of offenders sentenced to transportation 15 Vict. c. 5. cxxxiii given or granted by any former Act or Acts of parliament to sherifCs or gaolers shall be and the same are hereby extended and given to the gaoler or keeper of the gaol or house of correction in whose custody such offender shall be. Vlll. Provisions as to removal before trial to applt/ to removal after conviction.'] And be it enacted, that all the provisions hereinbefore con- tained with reference to the removal of prisoners from any city or borough gaol to the county gaol for trial at the assizes shall be applicable and shall be applied to the removal from the county gaol to any city or borough gaol of any prisoner who, having been convicted at the assizes, shall be committed by the coui't to such gaol or house of correction, in execution of his judgment. rS. Boroiigh justices to have the same jurisdiction as cownty justices Unier any local Act as to offences committed within the borough.] And be it enacted, that after the passing of this Act the justices of every city or borough shall have the same jurisdiction with respect to all offences com- mitted and matters arising within such city or borough as the justices of the county in which such city or borough is situate now have under or by virtue of any local or general Act of parliament ; and such ofEences and matters shall be cognizable by one or more of the justices of such city or borough in the same manner as such offences and matters are now cognizable by one or more ,of the justices of such county : provided always, that in every case in which imprisonment may be awarded for or in respect of any such offences or matters aforesaid, or to enforce payment of any penalty, rate, sum of money, or costs imposed or made payable by or by virtue of any such general or local Act or otherwise, such imprisonment may be awarded to take place in any gaol or house of correction to which the justices of the said city or borougli now have or hereafter may have power to commit offenders. X. Interpretation of terms.] And be it enacted, that throughout this Act, where there shall be nothing in the subject or context repugnant to siith construction, words importing the singular number only shall include the plural number, and words importiog the plural number only shall include the singular number, and words importing the masculine gender only shall include females (a). 15 Vict. Cap. V. An Act further to explain and amend the Acts for the Regulation of Muni- cipal Corporations in England and Wales, [and in Ireland.] [20th April, 1852.] WheeeaS by an Act passed in the session of parliament holden in the fifth and sixth years of the reign of His late Majesty King WUUam the Fourth, intituled An Act to provide for the regulation of nmnicipal corporations (o) By sect. 19 of 14 & 15 Vict. c. 66 (An Act to amend the law relating to fhe expenses of prosemtums, and to make further promskm for the apprehension and, trial of offenders in certain cases). In certain counties of cities and towns, prisoners may be committed and tried at tlie assizes belfl for an adjoioing county. cxxxiv Appendix. in Ungland mid Wales {a), it is (among other things) enacted, that no person shall be qualified to be elected or to be a councillor or an alderman of any borough during such time as he shall have, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council of such borough : [and whereas by another Act passed in the session of parliament holden in the third and fourth years of the reign of Her present Majesty, intituled An Act for the regulation of municipal corporations in Ireland (b), it is (among other things) enacted, that no person shall be qualified to be elected or to be a councillor, or an alder- man, or a municipal commissioner of any borough, during such time as he shall have, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of any such council, commissioners, or charitable trustees of such borough] : and whereas doubts have arisen whether the said enactments may not be deemed to extend to the persons hereinafter mentioned, and it is expedient that such doubts should be removed : be it therefore enacted, &c. I. Froprieiors of newspapers not to he deemed contractors hy reason of advertisements 7\ That from and after the passing of this Act no person shall be deemed to have had or to have an interest in a contract or employ- ment with, by, or on behalf of such council, commissioners, or trustees, by reason only of his having had or having a share or interest in any news- paper in which any advertisement relating to the att'airs of any such borough, council, commissioners, or trustees may have been or may hereafter be inserted. • II. 8%its commenced for certain penalties under recited Acts may he stayed on payment of costs out of pocket (c). III. Suits, S(c., renewed or confirmed may he discontinued on payment of costs out of pocket (c). IV. Court may maJee order for discontinuing suit, without payment of costs (e). V. Judgments not to he affected^ That nothing herein contained shall extend to any action, bill, plaint, or information, or any legal proceeding of any kind whatsoever, in which any judgment shall have passed on or before the day of the passing of this Act, but such proceedings may be thereupon had and taken, and any such judgment may be dealt with in all respects, as if this Act had not passed. VI. proprietors' of newspapers not disqualified from election to m/uni- cipal offices hy reason of advertisements, c^-c] That from and after the passing of this Act no [municipal commissioner,] councillor, alderman, or mayor, in any municipal corporation within the provisions of either of the said Acts, shall be deemed to have been or to be disqualified to be elected or to be such [municipal commissioner,] councillor, alderman, or mayor, by reason only of his having had or having any share or interest in any news- paper in which any such advertisement as aforesaid may have been or may (a) 6 & 6 Will. 0. 76. (See s. 21.) (6) S S 4 Vict. c. 108. if) Expired. 15 S 16 Yict. c. 38. cxxxv be inserted, but all elections of [municipal commissioners,] councillors, alder- men, or mayors as aforesaid shall be deemed and taken to have been and to be valid (unless ia cases where judgment may have been obtained before the passing of this Act) notwithstanding any such share or iaterest as aforesaid. 15 & 16 Vict. Cap. XXXVIII. An Act to explain two Acts of the Twelfth and Thirteenth Tears of the Eeign of Her Majesty, concerning the Appointments of Overseers, and the Authority of Justices of the Peace to act in certain Matters relating to the Poor in Cities and Boroughs. [30th June, 1852.] Justices having jurisdiction in other matters in an/y city or place may act in cases relating to the relief of tlie ^oor.] Whereas by the Act passed in the twelfth year of the reign of Her Majesty, chapter' eight, it was enacted, that in every city, town corporate, or borough the jus- tices of the peace having jurisdiction therein should have the exclu- sive right of appointing the overseers of the poor of the several parishes, townships, or other places separately maintaining their own poor, or of any parts thereof within the said cities, towns corporate, and boroughs respec- tively, in like manner and with the same effect as the justices of any county then had in respect of the overseers of the poor of any parish within such county: and whereas by another Act of the thirteenth year of the reign of Her Majesty, chapter sixty-four, it was enacted, that all powers and autho- rities which by the Act of the forty-third year of the reign of Queen Ehzabeth, intituled An Act for the relief of the foor, may be exercised out of general or quarter sessions by two or more justices of any county, might be exercised within any city or borough by any two or more justices of the peace having jurisdiction within such city or borough respectively as fully in all respects as by the justices of the county in or for any parish of such county : and whereas doubts exist as to the meaning of the said statutes with reference to the justices who are competent to act under and by virtue of the same, and it is expedient that such doubts should be removed : be it therefore enacted and declared, &c. That in any city or borough all justices of the peace, whether of such city or borough, or of the county, riding, or division comprising the same or adjoining thereto, who shaU otherwise have jurisdiction to act in any matter arising within such city or borough, shall be deemed to be competent to act therein under and by virtue of the said statutes in all respects. cxxxvi Appendix, 15 & 16 ViOT. Cap. LIV. An Act further to facilitate and arrange Proceedings in the County Courts. [30th June, 1852.] VII. On petition to Ser Majesty, tlie jv/risdiction of court of localjuris- diction may he excluded from that of the county cowrt in concurrent eausesJ] If the council of any city or borough * * * within the limits of which a court of local jurisdiction other than a county court is established, under the * Act of the ninth and tenth Victoria, chapter ninety-five, or into the limits of which the jurisdiction of such court of local jurisdiction shall extend, shall petition the Queen in council that the jurisdiction of such court of local jurisdiction may be excluded in any causes whereof the county court hath cognizance, and if notice of such petition shall be given two months before it is presented, by public advertisement in such city, (or) borough, * * and in some newspaper therein circulated, Her Majesty, by order in council, may declare such exclusion of the jurisdiction of such court of local jurisdiction throughout the whole or any part of the district assigned or which may hereafter be assigned to such county court, if no petition against declaring such exclusion be presented, and no caveat be entered at the council office ; and if any counter petition be presented, or any caveat be entered, then Her Majesty may refer such petition and counter petition to the judicial committee of the privy council, upon whose report Her Majesty may make such order in council as she shall be advised touching the matter of the said petitions, in respect of excluding the jurisdiction of such court of local jurisdiction, and may award compensation to any person or persons entitled to the franchise of appointing officers of such court, or to any officers thereof appointed before the passing of this Act, to be given by the commissioners of Her Majesty's Treasury, who are hereby empowered to pay the same. 16 & 17 A''iOT. Cap. LXXIX. An Act for making sundry Provisions with respect to Municipal Corpora- tions in England. [15th August, 1853.] Whebeas the following Acts, to wit, the Acts of the sixth and seventh years of King William the Fourth, chapters one hundi-ed and four and one hundred and five j of the seventh year of King William the Fourth and the first year of Queen Victoria, chapter seventy-eight ; of the second and third years of Queen Victoria, chapter twenty-eight ; of the third and fourth years of Queen Victoria, chapter twenty-eight ; of the fourth and fifth years of Queen Victoria, chapter forty-eight, and of the sixth and seventh years of Queen Victoria, chapter eighty-nine, or some of the provisions thereof respectively, which might properly be made applicable as well to all the municipal corporations in England which have been erected since the pass- ing of the Act of the sixth year of William the Fourth for regulating 16 S 17 Tict. c. 79. cxxxvii muiucipal corporations in England (a), as to the municipal corporations speciiied in the schedules to that Act, do not apply to such recently erected municipal corporations by reason of those Acts or provisions being restricted in terms to the municipal corporations specified in those schedules : and whereas it is expedient that all Acts relating generally to the municipal corporations in England specified in those schedules should apply as well to all municipal corporations in England erected after the passing of that Act, and that further provision be made with respect to municipal corporations in England : be it therefore enacted. &c. ; I. Short title.'] This Act may be cited for any purpose as " The Muni- cipal Corporation Act, 1853." n. Acts wpplying to corporations specified in schedmle of 6 S^ 1 Will. 4, c. ^6, to extend, to corporations erected after the passing of that Act.] In every case in which an existing or future Act, passed after the Act of the sixth year of William the Fourth, chapter seventy-six, for the regulation of municipal corporations, or any provision of any such Act, applies generally to the municipal corporations specified in the schedules to that Act, or applies generally to municipal corporations in England, every such Act and every such provision shall (except only so far as by any Act hereafter passed is otherwise expressly provided) extend and apply, not only to every municipal corporation in England specified in those schedules, but also to every municipal corporation in England erected after the passing of that Act of the sixth year of William the Fourth, and whether erected by charter under that Act or otherwise. III. For the validity of matters to which' newly erected corporations are pa/rty or privy.] Every matter to which any municipal corporation erected after the passing of that Act of the sixth year of William the Fourth has at any time heretofore been or now is party or privy, and which would have been or would now be vaUd, if any Act or any provision of any Act passed after that Act, applying generally to the municipal corporations specified in the schedules to that Act, or applying generally to municipal corporations in England, but not applying expressly to the municipal corporations then or thereafter so erected, had applied expressly to all municipal corporations then and thereafter so erected, shall to all intents and purposes, both in favour of and against such municipal corporations so erected, be as vahd as if every such Act and every such provision had applied expressly to every such municipal corporation then or thereafter so erected. IV. Act not to affect actions commenced before 18th March, 1853.] Provided always, that this Act or anything therein contained, shall not affect any action, suit, or other proceeding at law commenced at any time before the eighteenth day of March, one thousand eight hundred and fifty- three. V. Boroughs appointing inspectors of weights and measures not to be liable to conti-ibute to county rate in respect of weights and measures in counties.] Every city, borough, and town corporate, in which an inspector or inspectors of weights and measures is or are now or hereafter lawfully appointed by the recorder, justices, or others having jurisdiction in this behalf, shall be exempt from contributing to the expense of providing or (a) 5 & 6 Will, i, c. 76. cxsxviii Appendix, transmitting for the use of the county, riding, division, or parts within which such borough or town corporate is situate, copies of the imperial standard weights and measures, or of the stamps to be used by the inspectors, or to the remuneration to the inspectors of weights and measures appointed for such county, riding, division, or parts ; and the treasurer of every such county, riding, division, or parts shall, out of the account required by that Act of the sixth year of WiUiam the Fourth to be kept by him of all sums of money expended out of the county rate for other purposes than such costs as therein mentioned, exclude such expense and remuneration as aforesaid, in lite manner as if the same had been by that Act excepted out of such account ; and the amount to be paid to the treasurer of such county, riding, division, or parts by such borough or town corporate shall be varied accordingly. VI. Town cowncillors no longer exempted or disqualified J¥om serving on grand juries in certain horoughs,'] So much of that Act of the sixth year of Wilham the Fourth (a) as exempts or disqualifies members of the council for the time being of every borough in and for which a separate court of quarter sessions of the peace is holden, from serving on the grand jury at the quarter sessions held in and for such borough,' is hereby repealed, so far as respects every borough which shall not contain twelve thousand inhabi- tants according to the last census (6). VII. Fewer to mayors to appoint deputies in certain cases."] The mayor of every city, borough, and town corporate may from time to time appoint an alderman or councillor of such city, borough, or tOYm corporate to act as the deputy mayor during the illness or absence of the mayor, and every such appointment shall be signiiied in writing to the council, and shall be recorded in the minutes of their proceedings. VIII. Power of deputy appointed hy a mayor.'] Every deputy appointed by a mayor under the provisions of this Act may, during the illness or absence of the mayor, lawftilly do and perform all Acts which the mayor in his official capacity might himself do and perform : provided always, that no such deputy not being a justice of the peace shall act as a justice of peace or in any judicial capacity, nor shall he preside at any meeting of the council imless specially appointed by the meeting so to do. ^ IX. Town clerk to sign notice of meeting to elect a mayor on vacancy^ If it shall be necessary by reason of the death, resignation, or lawfid removal of the mayor to convene a meeting of the council to supply the vacancy, the notice for such meeting shall be signed by the town clerk. X. In certain boroughs mayor may a^ppoint a substitute for presiding alderman at elections.] If in any city, borough, or town corporate the number of aldermen does not exceed the number of wards, the mayor shall, in case of the illness or incapacity to act of any alderman at an election, appoint a councillor (not being a councillor representing or enroUed on the burgess list for the ward within which the election is to take place) to pre- side at such election. XI. ^Extraordinary vacancy to be filled up ten days after notice to the mayor.] If an extraordinary vacancy shall happen in the office of coun- cillor, auditor, or assessor, the election to supply such vacancy shall take (a) Sect. 22. (6) See 33 & 34 Vict, c. 77, s. 9. 16 S 17 Vict, c, 79. cxxxix place not later than fourteen (c) days after notice shall have been given to the mayor or town clerk by any two burgesses, anything to the contrary notwithstanding. XII. Mayor may appoint stibstitute for a deceased assessor.l If any extraordinary vacancy shall happen in the ofSce of assessor, the election to supply such vacancy shall be held before the alderman of the ward, the continuing assessor, and such burgess (not being a burgess representing or- enrolled on the burgess list for that ward) as the mayor shall by writing under his hand appoint (d). XIII. Sesult of election of aldermen, how to he declared.'] At every election of aldermen the persons, not exceeding the number of aldermen then to be chosen, who shall have the greatest number of votes according to the voting papers signed by the persons entitled to vote at such election, and delivered to and openly read by the mayor, shall be declared by the mayor to be and thereupon shall be duly elected aldermen : provided always, that in every case of an eq[uality of votes the mayor shall have a casting vote. XIV. As to matters required to ie done by overseers under 6 Sf'J Will. 4, c. 76.] Every matter by that Act of the sixth year of William the Fourth, or by any Act amending the same, directed to be done by the over- seers of the poor of any parish, township, or place, may be lawfully done by the major part of such overseers ; and whenever any notice is by that Act, or any Act amending the same, required to be given to the overseers of the poor of any parish, township, or place, such notice may be delivered to any one of such overseers,, or may be left at his place of abode, or at his office for transacting parochial business. XV. Act to extend to cities, ^c] This Act applies to every city, borough, and town corporate in England specified in the schedules to the Act of the sixth year of William the Fourth, chapter seventy-six, and to every muni- cipal corporation in England erected after the passing of that Act, and whether erected by charter under that Act or otherwise, and shall be con- strued and executed as if its provisions formed part of that Act, and the Acts from time to time in force amending or extending that Act. 18 Vict. Cap. XXXI. An Act to confirm the Incorporation of the Borough of Brighton. [15th June, 1855.] 18 & 19 ViOT. Cap. XLVIII. An Act for the better Administration of Justice in the Cinque Ports. [16th July, 1855.] (d) Tht p?oTldon8 *o£ aif section seems to apply only to ward assessors who are abolished by 35 & 36 Vict. c. 33, s. 31. cxl Appendix, 18 & 19 ViOT. Cap. LXX. An Act for further promoting the Establishment of Free Public Libraries and Museums in Municipal Towns, and for extending it to towns governed under Local Improvement Acts and to Parishes. [30th July, 1855.] Wheebas it is expedient to amend and extend the Public Libraries Act, 1850 (a) ; be it therefore enacted, &c. I. The Public Libraries Act, 1850 (o), is hereby repealed, but such repeal shall not invalidate or affect anything already done in pursuance of the same Act ; and all libraries and museums established under that Act or the Act thereby repealed (i) shall be considered as having been established under this Act, and the council of any borough which may have adopted the said Act of one thousand eight hundred and fifty, or established a museum under the Act thereby repealed, shall have and may use and exercise all the benefits, privileges, and powers given by this Act ; and all monies which have been borrowed by virtue of the said repealed Acts or . either of them, and still remaining unpaid, and the interest thereof shall be charged on the borough rates, or a rate to be assessed and recovered in the like manner as a borough rate to be made by virtue of this Act. II. Sliort title of Act.'] In citing this Act for any purposes whatever it shall be sufiicient to use the expression " The Public Libraries Act, 1855." III. Interpretation of terms.] In the construction of this Act the fol- lowing words and expressions shall, unless there be something in the sub- ject or context repugnant to such construction, have the following mean- ings assigned to them respectively ; that is to say, " parish" shall mean every place maintaining its own poor; " vestry" shall mean the inhabitants of the parish lawfully assembled in vestry, or for any of the purposes for which vestries are holden, except in those parishes in which there is a select vestry elected under the Act of the fifty-ninth year of King George the Third, chapter twelve, or under the Act of the first and second years of King William the Fourth, chapter sixty, or under the provisions of any local Act of parliament for the government of any parish by vestries, in which parishes it shall mean such select vestry, and shall also mean any body of persons, by whatever name distinguished, acting by virtue of any Act of parliament, prescription, custom, or otherwise, as or instead of a vestry or select vestry ; " ratepayers " shall mean all persons for the time being assessed to rates for the relief of the poor of the parish ; " overseers of the poor " shall mean also any persons authorized and required to make and coUect the rate for the relief of the poor of the parish, and acting instead of overseers of the poor ; " board " shall mean thei commissioners, trustees, or other body of persons, by whatever name distinguished, for the time being in office, and acting in the execution of any improvement Act, being an Act for draining, cleansing, paving, lighting, watching, or other (o) 13 & 14 Vict. c. 66. (6) 8 & 9 Vict. c. 43. > 18 d- 19 Vict. c. 70, cxli wise improving a place, or for any of those pilrposes; "improvement rates " shall mean the rates, tolls, rents, income, and other monies what- soever which under the provisions of any such Improvement Act shall be applicable for the general purposes of such Act. IV. Tomn cotmcils of certain horoughs may adopt this Act if determined hy inhabitants7\ The mayor of any municipal borough [of whatever (c)] population shall, on the request of the town council [or on the request in writing of ten ratepayers residing in the borough (d)] convene a public meebing of the burgesses of the borough. In order to determine whether this Act shall be adopted for the municipal borough, and ten days' notice at least of the time, place, and object of the meeting shall be given by affixing the same on or near the door of every church and chapel within the borough, and also by advertising the same in one or more of the news- papers published or circulated within the borough, seven days at least before the day appointed for the meeting ; and if at such meeting [more than one-half of the persons present at the meeting (e)] shall determine that this Act ought to be adopted for the borough, the same shall thence- forth take effect and come into operation in such borough, and shall be carried into execution in accordance with the laws for the time being in force relating to the municipal corporation of such borough : provided always, that the mayor, or, in his absence, the chairman of the meeting, shall cause a minute to be made of the resolutions of the meeting, and shall sign the same ; and the resolutions so signed shall be conclusive evidence that the meeting was duly convened, and the vote thereat duly taken, and that the minute contains a true account of the proceedings thereat. V. 'Expenses of carrying Act into execution in a lorough to he paid out of the borough, fund (/).] And distinct accounts shall be kept of the receipts, payments, and liabilities of the council with reference to the execu- tion of this Act. XV. {g) Sates levied not to exceed one penny in the pound.'] The amount of the rate to be levied in any borough, * * * in any one year for the purposes of this Act shaU not exceed the sum of one penny in the pound (h). XVI. Power to council, to borrow on mortgage.'} For carrying this Act into execution, the council, « * * may, with the approval of her Majesty's Treasury, * * * from time to time borrow at interest, on the security of a mortgage or bond of the borough fund, or of the rates (c) 29 & 30 Vict. 0. 114, s. 6. The statute o( 1855 was limited in its application to borouglis, "the population of wMcli, according to the then last census thereof" should "exceed five thousand persons." (d) Id. s. 3. (e) Id. s. 5. The statute of 1855 required a majority of two-thirds of the per- sons present. . . ^ . (/) This part of the section is repealed and other provisions are substituted by 29 &30 Vict. 0.114,8.2, posL , ^. ., ..^ . .. . ^. .. j , .^, . (g) Sections 6 to 14, inclusive, relate to the adoption of the Act m districts within the limits of anv Improvement Act and in parishes. ^ „ ^ . (h) See also 29 & 30 Vict. c. 114, s. 2. This section (16) proceeded to moorporate all the clauses of the Towns Improvement Clauses Act, 1847 (10 «s 11 Tiot. c. 34) with respect to the manner of making rates, &c., but this provision is repealed by 29 & 30 Vict. c. 114, s. 1. exlii Appendix. levied in pursuance of this Act, such sums of money as may be by them respectively required, and the commissioners for carrying into execution the Act of the ninth and tenth years of Her Majesty, chapter eighty, may from time to time advance and lend any such sums of money. XVII. Provisions of8^9 Vict. c. 16, as to harrowing extended to this Act."] The clauses and provisions of " The Companies Clauses Consolida- tion Act, 1845," with respect to the borrowing of money on mortgage or bond, and the accountability of ofScers, and the recovery of damages and penalties, so far as such provisions may respectively be applicable to the pm-poses of this Act, shall be respectively incorporated with this Act. XVIII. Lands, Sfc, may he appropriated, pwrchased, or rented for tli^ purposes of this Act.'] The council of any borough * * * may from time to time, with the approval of Her Majesty's Treasury, appropriate for the purposes of this Act any lands vested * * * * in a borough, in the mayor, aldermen, and burgesses, * * * and the council, * * * * may also, with such approval, purchase or rent any lands or any suitable buildings ; and the council, * * * may, upon any lands so appropriated, purchased, or rented respectively, erect any buildings suitable for public libraries or museums, or both, or for schools for science or art, and may apply, take down, alter, and extend any buildings for such pur- poses, and rebuild, repair, and improve the same respectively, and iit up, and supply the same respectively with all requisite furniture, fittings, and conveniences. XIX. Provisions ofSi^Q Vict. c. 18, incorporated with this Act.'] " The Lands Clauses Consolidation Act, 1845," shall be incorporated with this Act ; but the council * * * shall not purchase or take any lands otherwise than by agreement. XX. Lands, Sfc, may he sold or exchanged.] The council * • * may, with the like approval as is required for the purchase of lands, sell any lands vested in the mayor, aldermen, and burgesses * * * for the purposes of this Act, or exchange the same for any lands better adapted for the purposes ; and the monies to arise from such sale, or to be received for equality of exchange, or a sufficient part thereof, shall be applied in or towards the purchase of other lands better adapted for such pur- poses. XXI. General ma/nagement to he vested in council.] The general man- agement, regulation, and control of such libraries and museums, schools for science and art, shall be, as to any borough, vested in and exercised by the council * * » or such committee as such council may from time to time appoint, the members whereof need not be members of the council * * * who may from time to time purchase and provide the necessary fuel, lighting, and other similar matters, books, newspapers, maps, and specimens of art and science for the use of the library or museum, or school, and cause the same to be bound or repaired when necessary, and appoint salaried officers and servants, and dismiss the same, and make rules and regulations for the safety and use of the libraries and museums, and schools, and for the admission of the public. XXII. Property of library, Sfc, to he vested in council * * *.] The lands and buildings so to be appropriated, purcha,sed, or rented as aforesaid. 19 S 20 Yict. c. 69. cxliii and all other real and personal property whatever presented to or pur- chased for any library or museum established under this Act, or school, shall be vested, in the case of a borough, in the mayor, aldermen, and burgesses # * *. XXIII. If any meeting determine against adoption of Act, no other meeting to he called for a yea/r.~] If any meeting called as aforesaid to determine as to the adoption of this Act for any borough, * * * shaU. determine against the adoption, no meeting for a similar purpose shaU be held, for the space of one year at least from ■ the time of holding the previous meeting. XXIV. Act mny he adopted in the city of London iftwo-fhirds of persons rated to the consolidated rate assemhled at a puilic meeting assent. XXV. Museums to he free.] The admission to all libraries and museums established under this Act shall be open to the public free of all charge. 19 & 20 Vict. Cap. LXIX. An Act to render more effectual the Police in Counties and Boroughs in England and Wales. ' [21st July 1856.] "Wheeeas an Act was passed in the sessions holden in the second and third years of Her Majesty (chapter ninety-three), for the estahlishment of county and district constables hy the authority of justices of the peace, which Act was amended by an Act passed in the session holden in the third and fourth years of Her Majesty, chapter eighty-eight : and whereas a police force has been established under the authority of the said Acts in several counties and parts of counties in England and Wales : and whereas by the Act of the session holden in the fifth and sixth years of King William the Fourth (chapter seventy-six), to provide for the regulation of municipal corporations in JSngland and Wales, provision is made for the appointment of constables in all boroughs in England and Wales which are subject to that Act : and whereas, under the said secondly-mentioned Act, power is given to justices of counties and councils of boroughs to agree for the consolidation of the county and borough police establishments : and whereas, for the more effectual prevention and detection of crime, suppres- sion of vagrancy, and maintenance of good order, it is expedient that farther provisions should be made for securing an efficient police force throughout England and Wales : be it therefore enacted, &c. V. (ffi) Ser Majesty in council, on representations fromloroughs, may arrange term of consolidation with counties. — Power to Her Majesty to vary such terms from time to time.'] In case it be represented to one of Her Majesty's principal secretaries of state by the council of any borough, that application has been made by such councilto the justices of any county in or adjoining to which such borough is situate, to consoli- date the police of such county and borough in the manner provided by the (a) Sectioaa 1 to 4 refer to tte county constabulary. cxliv Appendix. fourteentli section of the said Act of the third and fourth years of Her Majesty (a), and that such consolidation has not been effected, it shall be lawful for such principal secretary of state to inquire into the terms of consolidation proposed, and to report thereon to Her Majesty in council; and it shall be lawful for Her Majesty, with the advice of Her privy council, to fix the terms and conditions and date upon and from which such consolidation shall take effect, and thereupon the provisions of such last- mentioned Act shall become applicable as if such consolidation had been effected by an agreement made under the said section, save so far as such provisions relate to the determination of such agreement ; and it shall be lawful for Her Majesty, with the advice of Her privy council, at any time and from time to time to vary the terms of any such consolidation, or at any time to determine such consolidation upon such terms as to Her Majesty in council may seem just. VI. County Constables to have the like powers, ^c., in horoughs as borough constables have in the county.'] The constables of every county appointed under the said Acts of the second and third, and third and fourth years of Her Majesty or either of them, or this Act, shall have, in every borough situate wholly or in part within such county, or within any county or part of a county in which they have authority, all such powers and privileges and be liable to all such duties and responsibilities as the con- stables appointed for such borough have and are liable to within any such county, and shall obey all such lawful commands as they may from time to time receive from any of the justices of the peace having jurisdiction within any such borough in which they shall be called on to act as constables, for conducting themselves in the execution of their office (J). VII. Constables to perform duties connected with the^olice as directed hy justices or watch committees^ The constables acting under the said Acts of the second and third, and third and fourth years of Her Majesty, the fifth and sixth years of King William the Fourth, and this Act, or any of the said Acts, shall, in addition to their ordinary duties, perform all such duties connected with the police in their respective * * * boroughs as • * * the watch committees of such respective * » * boroughs, from time to time direct and require (J). VIII. Constable not to receive to his own use fees for performance of his duties.'] It shall not be lawful for any constable acting under the said Acts of the second and third, and third and fourth years of Her Majesty, and the fifth and sixth years of King William the Fourth, and this Act, or any of the said Acts (other than a local constable appointed under the said Act of the third and fourth years of Her Majesty), to receive to his own use any fee for the performance of any Act done by him in the execution of his duty as such constable ; but this enactment shall not extend to prevent the receipt by any such constable of any fee or , other payment legally payable which be may be liable to account for and pay over to the treasurer of the * * • borough, or otherwise for the use of the * * * borough, or which may be payable to, or applied in aid of, any police superannuation fund established or to be established in any borough, under the provisions of the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter fourteen, or of any local or other Act of parliament. (a) Ante, p. c. (!)) See 22 & 23 Vict. c. 32, s. 2. 19 S 20 Yict. c. 69. cxlv IX, Sorough constables disqualified from voting at certain elections.'} No head or other constable already appointed or hereafter to he appointed for any horough, nnder the said Act of the fifth and sixth years of King William the Fourth, except special constables, shall, during the time he continues to be such constable, or within six calendar mouths after he has ceased to be such constable, he capable of giving his vote for the election of any person to any municipal office in such horough, or for the election of a member to serve in parliament for such borough, or any county in or to which such borough is situate, either wholly or in part, or adjoins, or for any borough within any such county, nor shall any such constable, by word message, writing, or in any other manner, endeavour to persuade any elec- tor to give or dissuade any elector from giving his vote for the choice of any person to hold any municipal office in such borough, or to be a member to serve in parliament for any such borough or county ; and if any such con- stable shall offend therein he shall forfeit the sum of ten pounds, to be recovered in any court of competent jurisdiction, by any person who s]iall sue for the same within six months after the commission of the offence, and one half of the sum recovered shall be paid to the person suing for the same, and the other half to the treasurer of the borough : provided always, that nothing herein contained shall subject any constable to any penalty for any Act done by him at or concerning any of the said elections in the dis- charge of his duty. SXV. (c) Annual statement as to crime in * ioroughs to he fur- nished to secretary of state.'] The * * * watch committee of every borough shall, in the month of October in every year; transmit to one of Her Majesty's principal secretaries of state a statement, in such form as one of the said secretaries of state may from time to time direct, for the year ending the twenty -ninth day of September then last, of the number of offences reported to the police within such * borough * the num- ber of persons apprehended by the police, the nature of the charges against them, the result of the proceedings taken thereupon, and any other parti- culars relating to the state of crime within such * borough which such * watch committee may think it material to famish, and a classified abstract of aU such reports and returns shall be annually prepared and laid before parliament. XV. Tower to Ser Majesty to appoint inspectors for inquiring into state and efficiency of the police in * boroughs, ^c] It shall be lawful for Her Majesty, by warrant under Her Eoyal sign manual, to appoint during Her Majesty's pleasure three persons as inspectors under this Act, to visit and inquire into the state and the efiiciency of the pohce appointed for every * borough, and whether the provisions of the Acts nnder which such police are appointed are duly observed and carried into effect, and also into the state of the police stations, charge rooms, cells, or lock-ups, or other premises occupied for the use of such police; and each of the inspectors so appointed shall report generally upon such matters to one of Her Majesty's principal secretaries of state, who shall cause such reports to be laid before parUament ; and such inspectors shall be paid, out of such money as may be provided by parUament for the purpose, such salaries and allowances as shall be determined by the commissioners of Her Majesty's Treasury. (c) Sects. 10 to 13 refer to the county conetabulary. 9 cxlvi Appendix. XVI. Ore certificate of secretary of state tTiat cm efficient police lias been established, in (my * horoiigh, one fotiHTi of ilie charge for pay OMd clothing to ie paid iy the treastirer.'] Upon the certificate of one of Her Majesty's principal secretaries of state, that the police of any * borough esta- bished under the provisions of the said Acts and this Act, or any of them, has been maintained in a state of efficiency in point of numbers and discipline for the year ending on the twenty-ninth of September then last past, it shall be lawful for the commissioners of Her Majesty's Treasury to pay from time to time, out of the monies provided by parliament for the purpose, such sums towards the expenses of such police for the year mentioned in such certificate as shall not exceed one-fourth of the charge for their pay and. clothing, but such payment shall not extend to any additional con- stables appointed under the nineteenth section of tne said Act of the third and fourth years of Her Majesty: provided that before any such certificate shall be finally withheld in respect of the poUce of any * borough, the report of the inspector relating to the police of such * borough shall be sent to the * * * watch committee of such borough, who may address any statement relating thereto to the secretary of state; and in every case in which such certificate is withheld, a statement of the grounds on which the secretary of state has withheld such certificate, together with any such statement of the * watch committee as aforesaid, shall be laid before parliament ; XYII. iui not to any borough where population does not exceed 5,000, and not consolidated with police of- a county. ~\ No such sum as aforesaid shall be paid towards the pay and clothing of the police of any borough, not being consolidated with the police of a county under the said Act of the third and fourth years of Her Majesty, or this Act, the population of which borough according to the last parliamentary enumeration for the time being does not exceed 5,000. XXIIT. (a) Provisions 8 .^ 9 Vict. c. 18, for pwpose of purchases of station-houses^ S(c,, iy justices incorporated with this A.ct.~\ For facilitating the purchase of lands and tenements for the purposes mentioned in section twelve of the said Act of the third and fourth years of Her Majesty the provisions of " The Lands Clauses Consolidated Act, 1845," except the pro- visions with respect to the pm'chase and taking of lands otherwise than by agreement, shall be incorporated with the said Act of the third and fourth years of Her Majesty and this Act ; * * * and the powers of providing station houses and strong rooms contained in sections twelve and thirteen of the said Act of the third and fourth years of Her Majesty and this Act (S) (a) The omitted sections relate chiefly to the places rffferred to in 3 & 4 Vict, c. 88, 8.20. (6) Sect. 22 of thia Act enacts that " Where a station house or strong room shall have been provided under the said Act of the third and fourth years of Her Majesty, section twelve, for any police district or division within any county in which the pro- visions of the said Act of the second and third years of Her Majesty have not been put la f oi'ce throughout the whole of such county before the pasfeing of this Act, and the cost of such station or strong room has been incurred out of or now remains wholly or in part chargeable on the police rate for such police district or division, the justices of the peace for the county wherein such police district or division is situ- ate, at any quarter sessions to be held after the passing of this Act, shall or may purchase such station house or strong room for such sum of money as may be deter- mined by such justices, and hold the same for and on behalf of the county or riding for the purposes of this Act, and pay the purchase monies for the same out of the general county rate for the said county ; and where the cost of erecting such 20 S 21 Vict. c. 1. cxlvii shall extend to authorize the providing of such station houses and strong rooms within any borough lying within or adjoining to the county for which the same may be prorided. (c) XXX. (d) Interpretation of certain terms.'] The word " county" shall in this Act have the same meaning as is assigned to sucl/word in the said Act of the third and fourth years of Her Majesty, except as to the soke or liberty of Peterborough in the county of Northampton, which for aU pur- poses of this and the several recited Acts shall be deemed and taken to be a county of itself; and the several provisions in this Act and the said recited Acts shall apply and operate in, for, and concerning the said soke or liberty accordingly; and the word "borough" shall mean any city, borough, or place incorporated under the provisions of the said Act of the fifth and sixth years of King William the Fourth, or which has otherwise become subject to the "provisions of the same Act ; and every part of the Cinque Ports, two ancient towns of Winchelsea and Rye, and their several mem- bers and liberties, which is not within the municipal boundaries of a place named in one of the schedules (A.) and (B.) to the last-mentioned Act, shall for the purposes of the said Acts of Her Majesty and this Act be deemed to form a part of the county in which the same is situate, and shall be dealt with, under the said Acts of Her Majesty and this Act, as a liberty, which under the said Acts of Her Majesty, forms part of a county, notwithstanding it may be a member or liberty of a place named in one of the said schedules. XXXI. 2^3 Vict. V. 93, and 3 ,^4, Vict. c. 88, and this Act to he as one.'} The said Acts of the second and third, and of the third and fourth years of Her Majesty and this Act shall be construed togther as one Act. 20 & 21 Vict. Cap. I. An Act for the Amendment of the Cinque Ports Act. [26th June, 1857.] station house or strong room shall at the passing of this Act be chargeable by way of mortgage either wholly or in part on the police rates for such police district or division, it shall be lawful for the said justices to transfer such charge from the. police rates leviable in such police district or division to and continue such charges upon the county rate of the county in which such police district or division shall be situate ; and the police rates of the said police district or division shall be thence- forth discharged from all future payments in respect of the said station house "or strong room ; and all mortgages or other instruments then operating by way of charge on the said police rates in respect of such station house or strong room shall be thereafter deemed to be charges on the general county rate of the said comity, in the same manner as if the same had been originally charged on such county rate, and such station house or strong room shall thenceforth be the property of the said county for the purposes of this Act. (c) See also 31 & 32 Vict. o. 22, post. . (d) Sect. 24 relates to counties and sects. 28 to 29 to the Cheshire constabulary. ^2 cxlviii Appendix, 20 & 21 Vict. Cap. X. An Act to amend the Charter of Incorporation granted to the borough of Hanley in the county of Stafford. [13th July, 1857.] 20 & 21 Vict. Cap. L. An Act to amend the Acts concerning the Municipal Corporations in England. [I7th August, 1857.] Wheeeas hy section seventy-five of the' Act passed in the session holden in the fifth and sixth years of King William the Fourth, chapter geventy- six, to provide for the regulation of municipal corporations in Mngland and Wales, it was provided, that the trustees appointed under any Act of parlia- ment for paving, lighting, cleansing, watching, regulating, supplying with water, and improving any borough named in one of the schedules (A.) and (B.) to the Act now in recital, or part thereof, might if it should seem to them expedient, transfer all the powers vested in them as such trustees by any such Act to the body corporate of such borough, and the body corporate of such borough should henceforth be trustee for executing by the council of such borough the several powers and provisions of any such Act of par- liament : provided always, that no such transfer should be made of the powers vested by virtue of the Acts mentioned in schedule (B.) to the Act now in recital which relate to the town of Cambridge without the consent of the chancellor, masters, and scholars of the university of Cambridge : and whereas doubts have arisen as to the construction of the said section, and it is expedient to amend the same as hereinafter provided ; be it there- fore enacted, &c. I. Section '75 of 5 Sf G Will. 4, c. 76, repealed.'] The hereinbefore recited enactment shall be repealed, save so far as relates to any transfer made thereunder before the passing of this Act. II. Towers, property, and liahilities of trustees for paving, S(c., may he, on a grant of a charter of incorporation under 5 4" 6 Will. 4, c. 76, trans- ferred to the body corporate of the borough.] The trustees appointed or acting by or under any Act of parliament for paving, lighting, supplying with water or gas, or cleansing, watching, regulating, or improving, or for providing or maintaining a cemetery or market in or for any borough named in one of the said schedules to the said Act of the fifth and sixth of King William the Fourth, or to which a charter of incorporation has been since the passing of such Act or shall he hereafter granted under the provisions of the said Act or otherwise, or any part of any such borough, and whether the powers of such trustees under any such Act do or do not extend beyond the limits of such borough, may, if it seem to them expedient, at a meeting to be called for that purpose, transfer to the body corporate of such borough all the rights, powers, estates, property, and liabilities of such trustees under any such Act as aforesaid, and such transfer shall be made in writing under the common seal of the said trustees if they be a corporation, or, if not a 20 & 2X Tict. c. 50. cxlix corporation, then by deed executed by the trustees or any two of them acting by tlie authority of and on behalf of such trustees' (a) ; and upon any such transfer being so made the body corporate to whom such transfer is made shall become and be trustee for executing by the council of the boroughthe several powers and provisions of any such Act as aforesaid, and aU the rights, powers, estates, and property vested in the trustees making such transfer shall vest in such body corporate, and all the liabilities and cMigatious of the, said trustees shall stand transferred to and by borne 'by such body corporate, and the said trustees shall be freed and discharged from all such liabilities and obligations, but nothing herein contained shall authorize any such transfer in the case of the town of Cambridge without the consent required by the said recited enactment. III. No transfer to he made without a resolution of the horongh council.'] Provided always, that no such transfer as aforesaid shall be made or take effect unless and until the council of the borough have rgsolved, at a meeting of 'such council holden and convened in manner required by the said Act of William the Fourth, to accept the same. IV. Confirmation of transfers tinder Z Sf G Will, 4, v. 76, s. 75, of pro- perty and liabilities.'] Where under the hereinbefore recited enactment the trustees under any such Act of parliament as therein mentioned hare transferred to the body corporate of any borough the powers vested in such trustees under such Act, and the transfer so made purports to extend to the estates and property vested in such trustees, and their liabilities and obligations on any of such matters, the transfer so made shall be deemed to have been authorized by the said enactment. V. All duties imposed upon town clerics of 'boroughs, (fc., iy the Act 3 Geo. 4, e. 46, to he performed hy the clerics of the peace.] Whereas by an Act passed in the session of parliament holden in the third year of the reign of His late Majesty King George the Fourth, chapter forty-six, inti- tuled An Act for the more speedy return and levying of fines, penalties, and forfeitures, and recognizances estreated, certain duties are imposed upon the town clerks of cities, boroughs, or places in England : from and after the passing of this Act all duties imposed upon towTi clerks by such Act shall be performed by the clerks of the peace for such cities, boroughs, and places, where the ofaces of town clerk and clerk of the peace are not united in the same person ; and such clerks of the peace are hereby required to make all returns, issue all processes, and do and perform all other acts which are imposed upon town clerks by the ' said recited Act. t VI; In horoughs consisting of more than one parish, in case the hwrgess roll for amy parish not made out in any yeair, previous burgess roll to con- tinue in force for such parish.] Whereas by an Act passed in the session holden in the seventh year of King William the Fourth and first year of Her Majesty, chapter seventy-eight, to amend an Act for the regulation of municipal corporations in England and 'Wales, it was enacted, that in every borough in which by reason of and neglect or informality a new bur- gess roll of the said borough shall not have been made in any year within (a) See 35 & 36 Vict. c. 91, post. cl Appendix. the time directed by the said Act for the regulation of municipal corpora- tions, the burgess roll which was in force before the time appointed for the refisiou shall continue in force until such new burgess roU shall have been duly made : and whereas the said recited enactment applies only to any borough in which a new burgess roU shall not have been made as therein mentioned: and whereas it is expedient to provide as to any borough con- sisting of more parishes than one, wholly or in part within any borough in which a new burgess roll shall have been made out, but in which the bur- gess list or lists of one or more of such parishes wholly or in part within such borough shall have been omitted : be it enacted, that in every borough consisting of more parishes than one wholly or in part within such borough in which by reason of any neglect or informality a burgess list of any parish or of parts of any parish within such borough shall not have been made out in any year, or in case such burgess list shall not have been revised as required by the said Act for the regulation of municipal corporations, so much of the hm'gess roll which was in force before the time appointed for the revision as contains the names of the burgesses entitled to vote in respect of property within such parish or part of parish shall continue in force, and be taken to be the list of burgesses entitled to vote in respect of such property until a burgess Hst for such parish or part of parish shall have been revised and become part of the burgess roll. VII. Overseers of the poor to make out hwrgess roll on or ief ore first day of September in every yea/r.'] Whereas by the fifteenth section of the Act to provide for the regulation of municipal corporations in England and Wales it was enacted, that on the fifth day of September in every year the overseers of the poor of every parish wholly or in part within any borough shall make out a list, to be called " the burgess hst," according to the pro- visions therein contained, and shall deliver the same to the town clerk of the borough on the said fifth day of September in every year, and shall keep a true copy of such lists, to be perused without payment of any fee at all reasonable hours between the fifth and fifteenth days of September in every year, and that the town clerk shall forthwith cause copies of all overseers' lists so delivered to him to be printed, and shall cause a copy of all such lists to be published as therein provided on every day during the week next preceding the fifteenth day of September in every year : and whereas it has been found in populous boroughs that the several matters so required to be done by the town clerk cannot be duly carried into effect within the time so specified in that behalf ; be it enacted, that from and after the passing of this Act the overseers of the poor of every parish wholly or in part within any borough shall, on or before the first day of September in every year, instead of on the fifth day of September (a), make out a list, to be called the burgess list, according to the provisions in the said recited section con- tained, and shall, on or before the said first day of September in every year, instead of on the fifth day of September, deliver the same to the town clerk of the borough, and shaU keep a true copy of such lists, to be perused by any person, without payment of any fee, at all reasonable hours between the first and fifteenth days of September in every year, instead of between the fifth and fifteenth days of September. VIII. Acts to ie construed as one.] The said Act of King WiUiam the Fourth and this Act shall be construed together as one Act. (a) See also 32 & S3 Vict. o. 56, a. 3, post. 21 S 22 Vict. c. 43. cli 21 & 22 Vict. Cap. XLIII. An Act to amend the Municipal Franchise in certain cases. [23rd July, 1858.] Whbeeas by section nineteen of an Act passed in the session holden in the fifty-ninth year of His late Majesty King George the Third, chapter twelve, intituled An Act to amend the laws for the relief of the poor, the inha- tants of any parish in vestry assembled are empowered to resolve and direct that the owner or owners of all houses, apartments, or dwellings in such parishes, being the immediate lessor or lessors of the actual occupier or occu- piers, which shall respectively be let to the occupiers thereof at any rent or rate not exceeding twenty pounds nor less than six pounds by the year, for any less term than one year, or on any agreement by which the rent shall be reserved or made payable at any shorter period than three months, shall be assessed to the rates for the relief of the poor for or in respect of such houses, apartments, or dwellings, and the outhouses and curtilages thereof, instead of the actual occupiers : and whereas it is doubtfnl whether in such case such occupier is entitled to any municipal privileges and franchises to which, by virtue of an Act passed in the session of parliament held in the fifth and sixth years of the reign of King William the Fourth(J), intituled An Act to provide for the regulation of mumcipal corporations in ^England and Wales, he would have been entitled if he himself had been rated and had paid such rate or rates (c) : and whereas, when the owner of any tenement is rated to the relief of the poor by virtue of an Act passed in the session of parliament held in the thirteenth and fourteenth years of Her present Majesty, intituled ^» .(icfyor the better assessing and collecting the poor rates\and highivay rates in respect of small tenements (cC), instead of the occu- pier thereof, and has paid all money due on account of any rate or rates in respect of such tenement, such occupier is entitled to all municipal privi- leges and franchises to which by virtue of the said recited Act of King WUliam the Fourth be would have been entitled if he himself had been rated and had paid such rate or rates : be it enacted, &c. I. Where owner is rated, occupier to he entitled to the same municipal privileges under 5 <^ 6 Will. 4, c. 76, as if he mas rated instead of the ) See 19 & 20 Vict. c. 69, ss. 6, 7. (c) Cap. 88. (d) Cap. 69. (c) Sec. 4 relates to the coiuily constabulary. 22 S 23 Vict. c. 32. . elvii rale or sum of sixpence in the pound, or otherwise limits the discretion of the said council in relation to the amount of such rates, shall be repealed. VI. Rates under the said Acts not to exceed 8d. in the ^pound.'] The watch rates levied under the authority of the said Act (/) may be of any amount, at the discretion of the council, not exceeding in any one year the sum of eightpence in the pound. VII. 11 ^ 12 Vict. c. 14, repealed.'] The Act passed in the session holden in the eleventh and twelfth years of Her Majesty, chapter fourteen, for authorizing a Borough Police Superannuation Fund, shall be repealed; but any superannuation fund created or applied under that Act shall he transferred to and form part of the superannuation fund to be created or applied under this Act. VIII. Superannuation fund to be provided for constailes.'] There shall be deducted from the pay of every constable belonging to the force established in any borough under the Act of the session holden in the fifth and sixth years of King William the Fourth, chapter seventy-six, a sum after such yearly rate as the council of the borough may direct, not exceeding the rate of two pounds ten shillings in a hundred pounds for a year, which sum so deducted, and also the monies accruing from stoppages from any of the said constables during sickness, and iines imposed on any of the said constables for misconduct, and from any portion of the fines imposed by any justice of the peace upon drunken persons, or for assaults upon police constables, and from moieties of fines and penalties awarded to informers (being police constables) on summary convictions as shall be directed by such justice to be paid for the benefit of this fund, and all monies arising from the sale of worn or cast clothing supplied for the use of the said constables, shall from time to time be invested in such manner as the coxmcU may direct, and the interest and dividends thereof, or so much of the same as shall not be required for the purposes hereinafter mentioned, shall be likewise invested in the like manner, and accumulate so as to form a superannuation fund, and shall be applied from time to time for payment of such superannuation or retiring allowances or gratuities as may be ordered by the watch committee, as hereinafter provided; and the council shall guarantee the security of the superannuation fund of their borough, and make good out of the borough fund or borough rates any deficiency which may arise in such superannuation fund from the default of any treasurer or other person intrusted with the custody or management thereof. IX. Sates of allowance from the said fund.] It shall be lawful for the ■watch committee of any borough, with the approbation of the council, to order that any of the said constables who may be worn out or otherwise disabled from infirmity of mind or body be superannuated, and receive thereupon, out of the superannuation fund, a yearly allowance, subject to the following conditions, and not exceeding the following proportions (that is to say) ; if the constable has served with diligence and fidelity for fifteen years and less than twenty years, an annual sum not more than half his pay ; if for twenty years or upwards, an annual sum not ujore than two- thirds of his pay; provided that if he be under sixty years of age it shaU (/) Sic; it should be "Acts." clviii _ Appendix. not be lawful to grant any such allowance unless upon the certificate of the chief or head constable that the constable to be superannuated is incapable from infirmity of mind or body to discharge the duties of his office ; pro- vided also, that if any constable be disabled, from any wound or injury received in the actual execution of the duty of his office, it shall be lawful to grant him any allowance not more than the whole of his pay ; but nothing herein contained shall be construed to entitle any constable absolutely to any superannuation allowance, or to prevent his being dismissed without superannuation allowance, (a) X. Vomer to grant gratuities to incapacitated constables who have not served, fifteen t/ears.'] It shall be lawful for the watch committee of any borough, if they think fit, with the approbation of the council, and upon the recommendation of the chief or head constable, and upon his certifying that any constable belonging to the police force of the borough who has not served so long as fifteen years is incapable from infirmity of mind or body to discharge the duties of his office, to order that such constable shall receive out of the superannuation fund such sum in gross as a gratuity upon his retirement as to the said watch committee may seem proper, (a) XI. Fees received hy constables of a borough to be paid to the super- annuation fund.'] Any fee payable to any constable appointed for any borough, for the performance of any act done in the execution of his duty as such constable, shall be received in such manner as the watch committee, subject to the approbation of the council, may direct, and shall bp paid over to the superannuation fund. XII. Provision for insufficiency of superannuation fund."] If at any time the superannuation fund to be created under this Act for any borough be found insufficient to pay the allowances granted upon it, the amount in which the fund shall from time to time be found insufficient shall be made good from the borough fund, or where such fund be inade- quate then from the borough rates. XIII. Superannuation fund to vest in borough treasurer.'] The super- annuation fund created under this Act in any borough shall vest in the treasurer of the borough, and such treasurer shall keep a separate account of aU sums of money by him received and paid in respect of such super- annuation fund or for superannuations, and of the several matters for which such sums have been received and paid, and all provisions concerning the keeping, auditing, and publishing, and otherwise in relation to the accounts kept by such treasurer, under the said Act of the fifth and sixth years of King William the Fourth, shall be applied to the accounts kept under this enactment. XIV. Moiety of penalty on summon/ conviction may be directed to be paid for the benefit of superannuation fund.] That a moiety of any penalty imposed on summary conviction by the Act of the eighteenth and nineteenth years of Her present Majesty (J), intituled An Act to repeal the Act of the seventeenth and eighteenth years of the reign of Ber present Majesty for furtlier regulating the sale of leer and other liguors on the . — — . — . — s . (o) See 28 U 29 Tict. c. 35, ss. 3, 5. (S) Cap. 118. 22 d 23 \kt. c. 32. clix Ziord's Day, and to sulstitute other provisions in lieu tliereof (e), may be directed by tbe justice imposing tbe penalty to be paid for the benefit of the superannuation fund hereinbefore mentioned of the county or borough according as tlie offence so punished shall be committed within the limits of the county or borough, and shall be invested and otherwise 'dealt with accordingly. XV. Provision for payment of allowances heretofore granted. — Rights, Sjc, under the repealed Act reserved^ Allowances heretofore granted to constables, or which might , have been granted to constables appointed pre- vious to the passing of this Act, under the said Act of the eleventh and twelfth years of Her Majesty (c?) , shall be paid from the superannuation fund . to be applicable under this Act ; and all constables now appointed in any borough in which the provisions of the said last mentioned Act are now in force shall be entitled to receive from the superannuation fund all such allowances, payable at such times, and with and under the same rights and conditions as they would have been entitled to if this Act had not passed (e). XVT. Sow past services of existing constables to he recTconed for super- annuation allowance7\ The periods of service during which constables have been subjected to deductions from their pay towards a superannuation fund under the said Act of the eleventh and twelfth years of Jler Majesty id) shall, • in determining what superannuation allowances may be granted to them, be reckoned and allowed to such constables, and in the case of con- stables permanently appointed in any borough for which no superannuation fund has been provided, and from whose pay no such deduction has been paid, one-half only of the respective period of service of such constables before the passing of this Act shall be reckoned or allowed to such con- stables in determining what superannuation allowance may begrantedunder this Act. XVII. Provision for the case of consolidation of county and borough police.'] On the consolidation of the police of any borough with the police of any county, under the provisions of the Act of the session holden in the third and fourth years of Her Majesty, chapter eighty-eight, the superannuation allowance previously granted to any borough constable shall be charged on the borough fund or the borough rates of the borough, and the superannuation allowance to be thereafter granted to any borough constable transferred under such consolidation shall be charged upon the superannuation fund of the county ;' and in determining the amount of any such allow-ance the period of service of any sucb constable in the borough shall be reckoned as if the same had been in the county police ; and this charge, and the disposal of the borough superannuation fund, shall form a part of the agreement to be entered into on the consolidation. XIX. (/) On promotion of constables from one force to another, half of past service may be reckoned as service in the latter force.] In order to provide the most meritorious and fit men to fill the superior ranks in the police, any constable or officer promoted from one force to another * of (c) Repealed and similar provisions enacted by 35 & 36 Vict. c. 84 ; see S..66. (d) Cap. U. (e) See 28 & 29 Vict, c, 3S, s. 6, post. (/) Sect. 18 relates to county police. clx AppendiiX, * a borough, who shall have served in his last force for a period of seven years, shall, for the purposes of superannuation reckon as service in the force to which he is promoted one-half of the period of his previous service, provided that the promotion he made * * * in the case of a borough constable on the recommendation of the head constable of the borough with the sanction of the council, and that * the service be forma-Uy certified at the time of promotion. XX. Gratuities to widoios of constables dying in service,'] The * * watch committee, subject to the approbation of the council for any borough, may, upon the recommendation of the chief or head constable, grant a gratuity out of the superannuation fund of their ' * borough to the widow of any constable who has died in the service, provided the sum so granted do not exceed the amount of one year's pay of such constable, and that he have contributed to the superannuation fund for a period of not less than three years. XXI. Act not to apply, as to superannuation fund^ to places where such a fund has been already established.] None of the provisions of this Act relating to a police superannuation fund, or contributions thereto or pay- ments thereout, shall apply to any * city or borough in which a police superannuation fund, has at the time of the passing of this Act been established under the provisions of any local Act now in force. XXIV. (a) Gratuities may he granted as rewa/rd for good service to police out of police rates, Sfc] The * * * watch committee, subject to the approbation of the council of every borough may, upon the recommenda- tion * * * of the superintendent of police for the said borough, grant to any constable in the said * borough, out of the police rate or borough fund, a gratuity in money not exceeding three pounds, in respect of and as a reward for any meritorious act done by the said constable in the execution of his duty. XXV. Embezzlement by constables punishable under 2^3 Will. 4, c. 4.] All the penalties and provisions of the Act passed in the second and third years of King William the Fourth, chapter four, for more effectually preventing embezzlements by persons employed in the public service of his Majesty, shall extend and be applicable to constables and other persons employed in the police of any * city, borough, district or place what- soever, in like manner as to any person employed in the public service of Her Majesty within the meaning of that Act, and for all the purposes of the said Act the employment of constable or any other such employment in the police shall be deemed an employment in the public service of Her Majesty. XXVI. Power to suspend constables.] The * * * watch com- mittee of any city, borough, district, or place * are hereby empowered to suspend any constable within their * jurisdiction, whom , * they shall think remiss or negligent in the discharge of his duty or other- wise unfit for the same ; and the said * watch committee * are hereby also empowered, at * their discretion, to fine any such constable in a sum of money not exceeding one week's pay, and to reduce the said (a) Sects. .22 and 23 relate to local funds. 22 <& 23 Yict. c. 56. clxi constable from a superior to an inferior rank, such fine and reduction in rank to be in addition to any other punishment to which the said constable may be liable ; and all punishment, penalties, and fines, such as above enumerated, heretofore imposed or infiicted under rules framed under and by virtue of the third section of the Act of the second and third Victoria, chapter ninety-three, shall be deemed to have been legally imposed or inflicted. XXVII. Inspectors mder 19 j- . h 35 £ 86 Vict. c. 33. ccxxvu Form of Front of Ballot Fofper {a). Counterfoil ^ No. ^ C ^OTE : 5 The cmmterfoil is to £ have a number to 5 ' correspond tvith that ^ on the hack of the^ Ballot Paper. BROWN (John Brown, of 52, George Street, Bristol merchant.) SMITH (Henry Sydney Smith, of 72, High St., Bath, attorney.) No. Form of Sack of Ballot Pa^er. ■ ward Election for - 18 . Note. — The numher on the hallot paper is to correspond with that in the counterfoil. Directions as to printing Ballot Paper. Nothing is to be printed on the ballot paper except in accordance with this schedule. The surname of each candidate, and if there are two or more candidates of the same surname, also the other names of such candidates, shall be printed in large characters, as shown in the form, and the names, addresses, and descriptions, and the number on the bacls of the paper, shall he printed in small characters. Form of directions for the gmdance of the voter in voting, wliicTi shall be printed in conspicuous characters, and placarded outside every polling station and in every compartment of every polling station. The voter may vote for candidate . The voter will go into one of the compartments, and, with the pencil provided in the compartment, place a cross on the right hand side, opposite the name of each candidate for whom he votes, thus X The voter will then fold up the ballot paper so as to show the ofBcial mark on the back, and leaving the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith quit the polling station. If the voter inadvertently spoUs a ballot paper, he can return it to the officer, who will. If satisfied of such madvertence, give him another paper. , (a) As to ballot papers at elections of auditors and assessors, see 38 & 39 Vict.c. 40, s. 6, and ached. 1. Form No. 3, post, pp. coxcv., coxcviii. ccxxviii Appendix. If the voter votes for more than candidate , or places any mark on the paper by which he may be afterwards identified, his ballot paper will he void, and wiU not he counted. If the voter takes a ballot paper out of the polling station, or deposits in the ballot box any other paper than the one given him by the officer, he will he guilty of a misdemeanor, and be subject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examples of the ballot paper. Form of Statutory Declaration of Secrecy. I solemnly promise and declare, that I will not at this election for do anything forbidden by section four of the BaEot Act, 1872, which has been read to me. Note. — The section must be read to the declarant by the person taking the declaration. Form of declaration of inability to read. I, A. B., of , being numbered on the hwrgess roll for the borough of , do hereby declare that I am unable to read. A. S. his mark. day of . I, the undersigned, being the presiding officer for the polling station for the borough of , do hereby certify, that the above declara- tion, having been first read to the above-named A. B., was signed by him in my presence with his mark. Signed, C. D., Presiding officer for polling station for the borough of day of . 35 & 36 Vict. Cap. LX. An Act for the better prevention of Corrupt Practices at Municipal Elections, and for establishing a Tribunal for the trial of the validity of such Elections. [6th August, 1872.] Wheeeas it is expedient to make provision for the better prevention of corrupt practices at municipal elections, and for establishing a tribunal for the trial of the validity of such elections : Be it enacted, &c. 35 (£ 36 Viot. c. 60. ccxxix 1. Short title.'] This Act may be cited for all purposes as the " Corrupt Practices (Municipal Elections) Act, 1872." 2. Definitions.'] In this Act, except where the context otherwise re- quires, the following words and expressions shall respectively be construed as follows, viz. : — (1). "Borough" means a place for the time being subject to the pro- visions of the Act of the fifth and sixth of WiUiam the Fourth, chapter seventy-six, intituled An Act to provide for the regulation of municipal corporations in England and Wales, as amended by the d^cts amending the said Act : "OfSce" means the office of mayor, alderman, councillor, auditor, or assessor, of a borough or ward of a borough : "Election" means an election to an office : " Candidate" means a person elected, or who has been nominated or has declared himself a candidate for election to an office ; " Canvasser" means any person Who solicits or persuades, or attempts to persuade, any person to vote or to abstain from voting at an election, or to vote or to abstain from voting for any candidate at an election : '•Register" includes a burgess roll or ward list : "Voter" means a person included in a register or who voted or claimed to vote at an election : "Keturning officer" means a person, under whatever designation, presiding at an election : "Election court" means an election court constituted and acting under the provisions of this Act for the trial of a petition respect- ing an election : ■" Superior court" means the Court of Common Pleas at Westminster : "Prescribed" means prescribed by general rules to be made under the provisions of this Act. ,(2). This Act shall, so far as is consistent with the tenor thereof be con- strued as one with the Acts for the time being in force relating to boroughs and to elections in boroughs. PART I. Corrupt Practices at Municipal Elections, 3. As to corrupt practices at municipal elections.] The offences of "bribery, treating, undue influence, and personation, shall be deemed to be corrupt practices at an election for the purposes of this Act. The terms "bribery," "treating," "undue influence," and "persona- tion," shall respectively include anything committed or done before, at, after, or with respect to an election, which if done before, at, after, or with respect to an election of members to serve in parliament would render the person committing or doing the same liable to any penalties, punishments, or disqualifications, for bribery, treating, undue influence, or personation, as the case may be, under any Act for the time being in force with respect to elections of members to serve in parliament (a). (a) See 17 & 18 VloL c. 102 ; 21 & 22 Vlot. c. 87, and 26 &, 27. Vict. c. ! ccxxx Appendix. Any person who is guilty of a corrupt practice at an election shall he liahle to the like actions, prosecutions, penalties, forfeitures, and punish- ments, as if the corrupt practice had been committed at an election of mem- bers to serve in parliament (a). 4. Disqualifications of candidates personally guilty of corrwpt practices.'^ Where it is found by the report of an election court acting under the pro- visions of this Act that any corrupt practice has been committed by or with the knowledge and consent of any candidate at an election, such candidate shall be deemed to have been personally guilty of corrupt practices at the election, and his election, if he has been elected, shall be voi*, and he shall (whether he was elected or not) during seven years from the date of the report be subject to the following disqualifications ; viz., — (1). He shall be incapable of holding or exercising any municipal ofBce or franchise, and of having his name placed on the register, or voting at any municipal election : (2). He shall be incapable of acting as a justice of the peace and of holding any judicial office ; (3). He shall be incapable of being elected to and of sitting or voting in parliament : (4). He shall \& iucapable of being registered or voting as a parliamentary voter : (5). He shall be incapable of being employed by any candidate in any parliamentary or municipal election : (6). He shall be incapable of acting as overseer or as guardian of the poor. If any person is upon an indictment or infermation found guilty of any corrupt practice at an election, or is in any action or proceeding adjudged to pay a penalty or forfeiture for any corrupt practice at an election, he shall, whether he was a candidate at the election or not, be subject during seven years from the date of the conviction or judgment to aU the dis- qualifications mentioned in this section. If at any time after any person has become disqualified by vii'tue of this Act, the witnesses, or any of them, on whose testimony such person has so become disqualified, are upon the prosecution of such person convicted of perjury in respect of such testimony, it shall be lawful for such person to move the superior court to order, and the superior court shall, upon being satisfied that such disqualification was procured by reason of perjury, order that such disqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly. 5. Avoidance of election for corrupt practices Tiy agenis, and for offences against this Act.'] If it is found by an election court acting under the provisions of this Act, that a candidate has by an agent been guilty of any corrupt practice at an election, or that any act hereinafter in this Act declared to be an offence against this Act has been committed at an election by a candidate or by an agent for a candidate with the candidate's know- ledge and consent, the candidate shall, during the period for which he was elected to serve, or for which, if elected, he might have served, he dis- (a) See 31 & 32 Tlot. c, 125, bs. 43—45, 35 S 36 Vict. c. 60. ccxxxi qualified for being elected to and for holding any municipal ofSce in the horough for which the election was held, and if he was elected his election shall be void. 6. Avoidance of election on the ground of general corruption, cf-c] An election for a borough or a ward thereof shall be wholly avoided by such general corruption, bribery, treating, or intimidation at the election for such borough or wtird as would by the common law of parliament avoid an election of members to serve iu parliament for a parliamentary borough. 7. ProTiihition of paid canvassers {from voting) (J).] No person who is in eluded iu a register for a borough or ward thereof as a burgess or citizen shall be retained or employed for payment or reward by or on behalf of a candidate at an election for such borough or any ward thereof as a canvasser for the purposes of the election. If any person is retained or employed by or on behalf of a candidate at an election in contravention of this prohibition, such person and also the can- didate or other person by whom he is retained or employed shall be deemed to be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding ten pounds. An agent or canvasser who is retained or employed for payment or reward for any of the purposes of an election shall not vote at the election, and if he votes he shall be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding ten pounds. 8. Prohilition of payment for conveyance of voters.'] If a candidate or an agent for a candidate pays or agrees to pay any money on account of the conveyance of a voter to or from the poll, such candidate or agent shall be deemed to be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding five pounds. 9. Prosecutions for corrupt practices.'] The costs and expenses of a pro- secutor and his witnesses iu the prosecution of any person for either of the corrupt practices of bribery, undue influence or personation at an election, together with compensation for trouble and loss of time, shall, unless the court before which such person is prosecuted otherwise directs, be allowed, paid, and borne in the same manner in which they may be allowed, paid, and home in cases of felony (c). The clerk of the peace of the county in which a borough is situate, or in the case of a borough which is a county of a city or a county of a town or in which there is a clerk of the peace, the clerk of the peace of such county ■of a city or county of a town or borough, shall, if he is directed by an election court acting under the provisions of this Act to prosecute any person for either of the corrupt practices of bribery, undue influence, or personation at the election iu respect of which the court acts, or to sue or proceed against any person for penalties for bribery, treating, undue (6) The words in parenthesis should have been added. The section also prohibits registered burgesses from acting as paid canvassers. (c) See S & 6 "Will. 4, c. 76, s. 113, ante, p. xlvtli. ccxxxii Appendix. influence, or any offence against this Act at such election, prosecute, sue, or proceed against such person accordingly. 10. Provisions for striking off votes."] The votes of persons in respect of whom any corrupt practice is proved to have been committed shall be struck off on a scrutiny. Subject to the provisions of this section a register shall for all purposes be conclusive as to the right of the persons included therein to vote at an election for the purposes whereof such register is in force ; but nothing in this section shall entitle any person to vote who is by any Act or law pro- Mbited from voting at an election on the ground of any disqualification by office or disability, nor shall relieve any such person from any penalty, liability, or punishment to which he may by law be subject by reason of his voting at an election. 11. As to alleged personation.'] The provisions of the Acts for the time heing in force for the detection of personation and for the apprehension of persons charged with personation at a parliamentary election shall apply in the case of a municipal election (a). PART II. JElection Petitions. 12. Municipal elections may he questioned T>y petition.] The election of any person at an election for a borough or ward may be questioned by petition before an election court constituted as hereinafter in this Act pro- vided, and hereinafter in this Act referred to as the " court," on" the ground that the election was as to the borough or ward wholly avoided by general bribery, treatmg, undue influence, or personation, or on the ground that the election of such person was avoided by corrupt practices or offences against this Act committed at the election, or on the ground that he was at the time of the election disqualified for election to the office for which the election was held, or on the ground that he was not duly elected by a majority of lawful votes. An election shall not, except in the manner provided by this Act, be questioned- upon an information in the nature of a quo ma/rranto or by or in any process or manner whatsoever for a matter for which it might be ques- tioned under the provisions of this Act. 13. Presentation of petition.] The foEowing provisions shall have effect with reference to the presentation of a petition complaining of an undue ■ election (hereinafter in this Act referred to as a " petition") : (1). A petition may be presented either by four or more persons who voted or who had a right to vote at the election or by a person alleging himseK to have been a candidate at the election ; A petition shall be in the prescribed form and shall be signed by the petitioner or petitioners, and shall be presented to the superior court in the prescribed manner, and the prescribed officer shall send a copy thereof to the town clerk of the borough to which it relates, who shall forthwith publish it in the borough j (a) See 33 & 36 Vict. c. 33, s. 24. 85 d 36 Yict. c. 60. ccxxxiii The terms "petitioner" and "respondent," as hereinafter used in this Act, include respectively any one or more persons by whom a petition is presented, and any one or more persons against whose election a petition is presented : •{2). A petition shall he presented within twenty-one days after the day on which the election was held, unless it complain of the election on the ground of corrupt practices, and specifically allege a payment of money or other reward to have been made or promised since the election by a person elected at the election, or on his account or with his privity, in pursuance or furtherance of such corrupt practices, in which case it may be presented at any time within twenty-eight days after the date of the alleged payment or promise, whether or not any other petition against such person has been previously presented or tried : '(3). At the time of presenting a petition or within three days afterwards, the petitioner shall give security for all costs, charges, and expenses which may become payable by him to any witness sum- moned on his behalf, or to any respondent. The security shall be to the amount of five hundred pounds, and shall be given in the prescribed manner either by a deposit of money or by recognizance entered into by not exceeding four sureties, or partly in one way and partly in the other : (4). Within five days after the presentation of a petition the petitioner shall in the prescribed manner serve on the respondent a notice of the presentation and of the nature of the proposed security, and a copy of the petition; and the respondent may within five days from the service of the notice object in writing to any security by way of recognizance on the ground that any surety is insufiicient or is dead, or cannot be found or ascertained for want of a sufiicient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same. An objection to a recognizance shall be decided in the prescribed manner: {5). If an objection to the security is allowed it shall be lawful for the petitioner, within a further prescribed time not exceeding five days, to remove such objection by a deposit in the prescribed manner of such sum of money as may be deemed by the court or officer having cognizance of the matter to make the security sufficient ; If on objection made the security is decided to be insufficient, and the objection is not removed in manner hereinbefore mentioned, no further proceedings shall be had on the petition ; but otherwise on the expiration of the time limited for making objections, or, after objection made, on the sufficiency of the security being established, the petition shall be deemed to be at issue : (6). Where a petitioner complains of the conduct of a returning officer, he shall be deemed to be a respondent : (7). The prescribed officer shall, so soon as maybe, make out a list of all petitions under this Act presented to the superior court which are at issue, placing them in the order in which they were presented, and shall keep at his office a copy of such list, hereinafter referred to as the "municipal election list," open to the inspection in the prescribed manner of any person making application to inspect the same : (8). The petitions shall, so far as conveniently may he, be tried in the order in which they stand in such list : ccxxxiv Appendix. (9). Two or more candidatesmay te made respondents to the same petition, and their cases may be tried at ti e same time, but for all the pur- poses of this Act such petitioa shall be deemed to be a separate petition against each respondent: (10). Where more petitions than one are presented relating to the same election, or to elections held at the same time for different wards of the same borough, all such petitions shall in the municipal election list he bracketed together as one petition, but such peti- tion shall stand in the list in the place where the last of such petitions would have stood if it had been the only petition relating to that election, unless the superior court otherwise directs. 14. Constitution of election court.'] An election court for the trial of petitions under this Act shall be constituted as follows : — (1). A petition shall he tried by a barrister qualified and appointed as hereinafter provided, without a jury : (2). So soon as may be after a municipal election list is made out a copy thereof shall by the prescribed officer be transmitted to each of the judges for the time being on the rota for the trial of election petitions under the provisions of the Parliamentary Elections Act, 1868 (a), and the said judges or any two of them shall forthwith determine the number of barristers, not exceeding five at any one time, necessary to be appointed for the trial of the petitions at issue, and shall appoint such number of barristers accordingly, and shall assign the petitions to he tried by them respectively : (3). Nq barrister shall be appointed or act for the purposes of this Act who shall be of less than fifteen years' standing, or who is a member of parliament, or who holds any ofiice or place of profit under the Crown, other than that of a recorder, and no barrister shall try a petition relating to any borough for which he is re- corder, or in which he resides, or which is included in a circuit of Her Majesty's judges on which he practises as a barrister : (4). If a barrister to whom the trial of a petition is assigned, dies, or declines or becomes incapable to act, the said judges or any two of them may assign the trial to be conducted or continued by any other of the barristers appointed as aforesaid : (5). The court shall for the purposes of the trial of a petition have all the same powers and privileges which a judge may have on the trial of an election petition under the provisions of the Parliamen- tary Elections Act, 1868 (a), with this modification, that any fine order of committal by the court may upgn motion by the person aggrieved he discharged or varied by the superior coiirt, or in vacation by a judge thereof, upon such terms, if any, as such superior court or judge thinks fit. 15. Trial of a petition.'] The following provisions shall have effect with respect to the trial of a petition : (1). A petition shall be tried in open court, and notice of the time and place at which the petition will be tried shall be given not less than seven days before the day on which the trial is held, in the prescribed manner : (2). A petition shall he tried within the borough to which it relates ; (a) 31 & 32 Vict. c. 126. 85 & 36 Yict. c. 60. ccxxxv provided that, if it appear to the superior court that special cir- cumstances exist which render it desirable that the petition should be tried elsewhere than in the borough, it shall be lawful for the superior court to appoint such other place for the trial as appears most convenient : (3). The court may adjourn the trial from time to time, and from any one place to any other place within the borough or place where it is held, as may .seem expedient : (4). At the conclusion of the trial the court shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and shall forthwith certify in writing the determination to the supe- rior court, and upon the certificate being given the determination shall be final to all intents and purposes as to the matters at issue on the petition : (5). Where any charge is made in a petition of any corrupt practice or offence against this Act having been committed at the election to which the petition refers, the court shall, in addition to the cir- tificate, and at the same time, report in writing to the superior court, as follows : — (a). Whether any corrupt practice or offence against this Act has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of such corrupt practice or offence against this Act : (b). The names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt practice or offence against this Act. (e). Whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have extensively prevailed at the election to which the petition relates, in the borough or in any ward thereof; The court may at the same time make a special report to the superior court, as to any matters arising in the course of the trial, an account of which, in the judgment of the court, ought to be submitted to the superior court : (6). Where upon the application of any party to a petition made in the prescribed manner to the superior court, it appears to that court that the case raised by the petition can be conveniently stated as a special case, that court may direct the same to be stated accordingly, and any such special case shall be heard before the superior court, and the decision of the superior court shall be final: . . ,-, j. i- (T) If it appear to the court on the trial of a petition that any question of law as to the admissibility of evidence, or otherwise, requires further consideration by the superior court, the court may post- pone the granting of a certificate until such question has been determined by the superior court, and for this purpose may reserve any such question, in like manner in which questions may be reserved by a judge on a trial at «mi)WM. _ (S) On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice or offence agamst this Act may he eone into, and evidence in relation thereto received before any proof has been given of agency on behalf of any candidate m respect of such corrupt practice or offence : •ccxxxvi Appendix. (9). On the trial of a petition complaining of an nndue election and claiming the office for some person, the respondent may give evi- dence to prove that such person was not duly elected, in the same manner as if he had presented a petition against the election of such person : ^10). The trial of a petition shall he proceeded with notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition : (11). A copy of any certificate or report made to the superior court upon the trial of a petition or a statement of any decision made hy the superior court shall hy the superior court be transmitted to one of Her Majesty's principal secretaries of state : (12.) A copy of any certificate made by the court to the superior court, or in the case of a decision by the superior court upon a special case a statement of such decision shall be certified by the supe- rior court, under the hands of two or more judges of the superior court, to the town clerk of the borough to which the petition relates. 16. Provisions as to witnesses.'] The following provisions shall have ■effect vrith respect to witnesses at the trial of a petition : (1). Witnesses shall be summoned and sworn in the same manner, as nearly as circumstances will admit, as witnesses at a trial at nisi prius, and shall be liable to the same penalties for perjury : (2.) On the trial of a petition the court may, by order in writing, compel the attendance of any person as a witness who appears to the court to have been concerned in the election to which the petition refers, and any person refusing to obey such order shall be guilty of contempt of court. The election court may examine any wit- ness so compelled to attend, or any person in court although such witness is not called and examined by any party to the petition. After the examination of a witness by the election court such witness may be cross-examined by or on behalf of the petitioner and respondent, or either of them : (3.) The provisions of the seventh section of the Act of the twenty -sixth and twenty-seventh of Her Majesty, chapter twenty-nine, relating to the examination and indemnity of witnesses, shall apply to any witness appearing before the court on the trial of a petition under this Act, and the certificate shall be given by the court ; provided always, that the giving or refusal to give such certificate by the court shall be final and conclusive, and shall not be ques- tioned by any proceeding or in any court whatsoever : (4.) The reasonable expenses incurred by any person in appearing to give evidence at the trial of a petition acccording to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to such person by a certificate of the court or of the pre- scribed officer, and such expenses, if the witness was called and examined by the court, shall be deemed part of the expenses of providing a court, and in other cases shall be deemed to be costs of the petition. 17. Withdrawal and abatement of petitions.] The following provisions shall have effect with respect to the withdrawal and abatement of peti- tions : 35 & 36 Yict. c. 60. ccxxxvii (1). A petition shall not be withdrawn without the leave of the court or superior court upon special application, to be made in and at the prescribed manner, time, and place ; No such application shall be made for the withdrawal of a petition until the prescribed notice has been given in the borough to which the petition relates, of the intention of the petitioner to make an application for the withdrawal of his petition : (2). On the hearing of the application for withdrawal any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the court or superior court to be- substituted as a petitioner for the petitioner so desirous of with- drawing the petition ; The court or superior court may, if it think fit, substitute as a petitioner any such applicant as aforesaid ; and may further, if the proposed withdrawal is in the opinion of the court or superior court induced by any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that to the extent of the sum named in such security, the original petitioner and his sureties shall be- liable to pay the costs of the substituted petitioner : (3). If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds -with his petition, and within the prescribed time after the order of substitution : (4). Subject as aforesaid a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities,, as the original petitioner ; If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent ; Where there are more petitioners than one, no application to with- draw a petition shall be made except with the consent of all the petitioners : (5). A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners : The abatement of a petition shall not affect the liability of the peti- ■tioner or of any other person to the payment of costs previously incurred ; On the abatement of a petition the prescribed notice of such abate- ment having taken place shall be given in the borough to which the petition relates, and within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the court or superior court in and at the prescribed manner, time, and place, to be substituted as a petitioner; The court or superior court may, if it think fit, substitute as a peti- tioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new petition. 18 Withdrawal and substitution of respondents.'] The following pro- visions shall have effect with respect to the withdrawal and substitution of respondents upon a petition : ccxxxviii Appendix. ' (1). If before the trial of a petition either of the following eventa happens in the case of a respondent other than a returning officer ; viz., — (a). If he dies, resigns, or otherwise ceases to hold the office to which the petition relates ; or, (b). If he gives the prescribed notice that he does not intend to oppose the petition ; Notice of such event having taken place shall he given in the borough to which the petition relates, and within the prescribed time after the notice is given any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the court or superior court to' be admitted as a respondent to oppose the petition, and such person shall be admitted accordingly, and any number of persons not exceeding three may be so admitted : (2). A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against such petition in any proceedings thereon. 19. Costs on, petitions.'] The following provisions shall have effect with respect to costs on the trial of a petition : (1). All costs, charges, and expenses of and incidental to the presentation of a petition, and to the proceedings consequent thereon, with the exception of such costs, charges, and expenses as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the court by which the petition is tried may determine ; and in particular any costs, charges, or expenses which in the opinion of the court by which the petition is tried have been caused by vexations conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or the respondent, and any needless expense incurred or caused on the part of petitioner or respondent, may he ordered to be defrayed by the parties by whom it has been incurred or caused, whether snch parties are or not on the whole suc- cessful : (2. The costs may be taxed in the prescribed manner, but according to the same principles as costs between attorney and client in a suit in the High Court of Chancery, and such costs may be recovered in the same manner as the costs of an action at law, or in such other manner as may be prescribed : (3). If any petitioner neglect or refuse for the space of three months after demand to pay to any person summoned as a witness on his behalf, or to the respondent, any sum certified to be due to him for his costs, charges, and expenses, and if such neglect or refusal be, within one year after such demand, proved to the satisfaction of the superior court, every person who has entered into a recog- nizance relating to such petition under the provisions of this Act shall be held to have made default in his said recognizance, and the prescribed officer shall thereupon certify such recognizance to be forfeited, and the same shall be dealt with in the same manner as a forfeited recognizance under the provisions of the Parlia- mentary Elections Act, 1868 (a). (a) 31 k 32 Vict. c. 125. 35 S 36 Vict. c. 60. ccxxxix 20. ^Reception of and attendance on the court.'} The following provi- sions shall have effect with reference to the reception of the court upon the trial of a petition : (1). The town clerk of a borough in respect of which a petition is to he tried shall provide proper accommodation for holding the election court ; and any expenses incurred by him for the purposes of this section shall be paid by the treasurer of the borough out of the borough fund or rate : (2). All superintendents of police, chief constables, headboroughs, gaolers, constables, and bailiffs, shall give their assistance to the court in the execution of the duties of the said court, and if any gaoler or ofBcer of a prison makes default in receiving or detaining a pri- soner committed thereto in pursuance of the provisions of this Act he shall incur a penalty not exceeding five pounds for every day during which such default continues : (3). The court may employ such officers and clerks as may be allowed by general rules to be made under the provisions of this Act : (4). A shorthand writer shall attend at the trial of a petition, and shall be sworn by the court faithfully and truly to take down the evi- dence given at the trial, and shall take down the evidence at length, and a copy of the evidence so taken shall accompany the certificate of the said court, and the expenses of the shorthand writer, according to a scale to be prescribed, shall be deemed to be part of the expenses incurred in receiving the court. 21. Jurisdiction and general rules.'] The following provisions shall have effect with respect to jurisdiction, and to general rules: — (1). The judges for the time being on the rota for the trial of election petitions under the provisions of the Parliamentary Elections Act, 1868 (b), may from time to time make, revoke, and alter general rules for the effectual execution of this Act, and of the intention and object thereof, and the regulation of the practice, procedure and costs of petitions, and the trial thereof, and the certifying and reporting thereon ; Any general rules made as aforesaid shall, in so far as they are not inconsistent with any of the provisions of this Act, be deemed to be within the powers conferred by this Act, and shall be of the same force as if they were enacted in the body of this Act ; Any general rules made in JDursuance of this section shaU be laid before parliament within three weeks after they are made, if parliament be then sitting, and if parliament be not then sitting, within three weeks after the beginning of the then next session of parliament: j, -u ■ . i a (2). Until general rules have been made in pursuance of this Act, and so far as such rules (when made), and the provisions of this Act, do not extend, the principles, practice, and rules which are for the time being observed in the case of election petitions under the provisions of the Parliamentary Elections Act, 1868(6), shall be observed so far as may be by the court and superior court in the case of petitions under this Act : , j..- . i (S) The duties to be performed by the prescribed officer under this Act shall be performed by the prescribed officer of the superior court : M) The rules and principles with regard to agency and evidence, and with reo-ard to a scrutiny, and with regard to the declaring any (6) 31 & 32 Viot. c. 125. ccxl Appendix. person to be elected in the room of any otlier person who is declared to have been not duly elected, which are applicable im the case of parliamentary election petitions shall be applied so far as they are applicable In the case of a petition under this Act : (5). The superior court shall, subject to the provisions of this Act, have the same powers, jurisdiction, and authority with reference to an election petition and the proceedings thereon as it would have if the petition were an ordinary cause within its jurisdiction. 22. ^Expenses of the court.'] The remuneration and allowances to be paid, to a barrister for his services in respect of the trial of a petition, and to any officers, clerks, or shorthand writers employed under the provisions of this- Act, shall be fixed by a scale which shall be made and may be varied from time to time by the election judges on the rota for the trial of election petitions under the provisions of the Parliamentary Elections Act, 1868 (a), with the approval of the said commissioners of Her Majesty's Treasury, or- any two or more of them, and the amount of any such remuneration and allowances shall be paid by the said commissioners, and shall be repaid to the- said commissioners on their certificate, by the treasurer of the borough to- which the petition relates, out of the borough fund or rate : Provided that the court at its discretion may order that the whole or any part of such remuneration and allowances, or the whole or any part of the expenses incurred by a town clerk for receiving the court under the pro- visions of this Act, shall be repaid to the said commissioners or to the town clerk, as the case may be, in the cases, by the persons, in the manner fol- lowing; viz. — (a). When in the opinion of the court a petition is frivolous and vexa- tious, then by the petitioner : (J). When in the opinion of the court a respondent has been personally guilty of corrupt practices at the election, then by such respon- dent: And any order so made for the repayment of any sum by a petitioner or respondent may be enforced in the same way as an order for payment of costs ; but any other costs or expenses payable by such petitioner or respon- dent to any party to the petition shall he satisfied out of any deposit or security made or given under the provisions of this Act before such deposit or security is applied for the repayment of any sum under an order made in pursuance of this section. 23. Acts done pending a petition not to he invalidated.'] Where a can- didate who has been elected to an office at an election is by a certificate of the court, or by a decision of the superior court, declared not to have been duly elected, acts done by him in execution of such office before the time when the certificate or decision is certified to the town clerk, shall not be invalidated by reason of his being so declared not to have .been duly elected. 24. Provisions as to elections in the room of persons unseated on petition.^ Where upon a petition the election of any person to an office has beea declared void, and no other person has been declared elected in his room, a new election shall forthwith be held to supply the vacancy in the same manner as in the case of an extraordinary vacancy in the office (i) ; and for the purposes of any such new election any duties to be performed by a mayor, (a) 31 & 32 Yiot. 0. 125. (b) See 6 & 6 Will, i, o. 76, s. 47, ante p. xx ; and 7 Will. 4, and 1 Vlot. c. 78^ 9. 11, ante, p. IxxxiU. 85 d 36 Vict. c. 86. ccxli alderman, or any officer, shall, if such mayor, alderman, or officer has been declared not elected, be performed by a deputy, or other person who might have acted for him if he had been incapacitated by illness. 25. Computation of time.'] In reckoning time for the purposes of this Act, Sunday, Christmas Day, Good Friday, and any day set apart for a pnbkc fast or public thanksgiying shall be excluded. 26. Prohibition of disclosure of vote.] No person who has voted at an election by ballot shall in any proceeding to question the election be required to state for whom he has voted. 29. Repeal of Acts as in schedule.] The^Acts mentioned in the schedule to this Act are repealed to the extent therein mentioned ; but such repeal shall not affect the validity or invalidity of anything already done or suf- fered, or any offence already committed, or any remedy or proceeding in respect thereof, or the proof of any past act or thing (c). SCHEDULE. Acts repealed. 5 & 6 Will. 4, c. 76, ss. 54 to 56, both inclusive. 22 Vict, c^ 35, ss. 9 to 14, both inclusive. 35 & 36 VioT. Cap. LXVIII. An Act to make provision for defraying the Expenses of BuUding Barracks and otherwise providing for the Localization of the Military Forces (d). [10th August, 1872.] 10. Power for * * loroughs to tramsfer huildings or land to secre- tary of state.] The * * * council of any municipal borough, may transfer to the said secretary of [state for the War Department], for the purposes of this Act, upon such terms and with or without payment ot a pecuniary consideration as they think expedient, any barracks, storehouses for arms or ammunition, or other buUdings or land held in the case of * * * a borough for the public uses or purposes of such borough * * * 35 & 36 Vict. Cap. LXXXVI. An Act to amend the Law relating to Borough and other Local Courts of Record. [10th August, 1872.] Whebeas it is expedient to amend the law relating to borough and other local courts of record in England or Wales : be it therefore enacted, &c., as follows : — • (c) For the General Eulea made by the Judges under sect. 21 of tliia Act. Vld. post, ccllv, (d) " The Military Forces Localization Act, 1872." t ccxlii Appendix. 1. Short title.'] Tliis Act may te cited as "The Borough and Local Courts of Record Act, 1872." 2. Ser Majesty may direct certain enactments to extend to any local cowrt of record.'] It shall be lawful for Her Majesty from time to time by an order in council to direct that all or any part of the provisions of _ an Act passed iu the first and second years of His late Majesty King Willia,m the Fourth, intituled An Act to enable courts of law to give relief against odAierse claims made v/pon persons ha-iiing no interest in the subject q/' such claims (a), and of the provisions set forth in the schedule to this Act, shall apply to all or any local court or courts of record in England or Wales J and mthin one month after such order shall have been made and published in the London Gazette, such provision shall extend and apply in manner directed by such order, and any such order may be in like manner from time to time altered and annulled ; and in and by such order Her Majesty may alter and modify such provisions as are mentioned in the schedule, so as to adapt the same to.the constitution, jurisdiction, and procedure of any such court or courts, and may direct by whom and at what time or times any powers and duties incident to the provisions applied under this Act shall and may be exercised with respect to the matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied. 3. Ser Majesty may direct, that writ, S^c, may be served as specified.] It shall also be lawful for Her Majesty from time to time by such order as aforesaid to direct that any writ, order, summons, or process issuing out of or made or taken in any such court of record may be served in such part or parts of England and Wales as shall be specified in such order. 4. !Pwo or more courts may be h,eld at the same time.] Two or more courts may be held at the same time either for the trial of issues or for the ordinary proceedings of the court. 5. Affidavits made before amy commissioner, S^c] Afidavits made before any commissioner or other person appointed or authorized to take affidavits, either in England or elsewhere, by the Lord High Chanceller, or by any of the superior courts or by the judges thereof, may be used in the court, and the signature of any person purporting to be such commissioner, or to be a person so appointed or authorized as aforesaid, need not be verified. 6. Fower to send writs of execution to bailiffs of county cotirf.] In all cases where final judgment shall have been obtained in any action brought in the court wherein the debt or damage does not exceed twenty pounds, exclusive of costs, and also in all cases where any rule or order shall be made by the judge for the payment of any sum of money, or any costs, charges, or expenses, not exceeding the sum of twenty pounds, such court shall be at liberty to send a writ or precept for the recovery of the same to the registrar of any county court within the jurisdiction of which the de- fendant may possess any goods or chattels; and the registrar of such county court shall stamp or seal the same, and thereupon the high bailiff of (a) 1 & 3 Will. 4, c. es. 85 ^ 36 Vict. c. 86. ccxliii such cottnty court sTiall execute the same in the same manner as if such writ or precept had been issued out of such county court, and such high bailiff shall take aU the usual and proper fees thereupon, and shall make a return of what he shall have done thereunder to the bailiff or serjeant-at- mace of the court ; and in aU matters done under such writ or precept, or in relation thereto, such high bailiff shall be under the direction and con- trol of the judge of the county court of which he is high bailiff, as if such writ or precept had issued out of such county court : provided always, that the cost of more than one writ, precept, or warrant shall not be allowed against the execution debtor unless by order of the judge of the said court. T. Judge may appoint a deputy. '\ A judge of any court may appoint a deputy or assistant judge to execute any particular portion or duty of such judge, such appointment being under such orders, rules, and regulations as Her Majesty by order in council may direct, provided such deputy shall be a barrister of not less than seven years' standing. The SCHEDULE to which the Act refers. i. Interpretation of terms.'] In the construction of the following provi- sions the word "court" shall be understood to mean the court of record to which such provisions as aforesaid, or any of them, are made applicable by an order of Her Majesty in council. The word "judge " shall be under- stood to mean the judge, deputy or assistant judge, for the time being of such court. The words " superior courts " shall be understood to mean the superior courts of common law at Westminster. ii. Tower to judge iiihen, ovi of the jurisdiction to Tiear motions.'] The judge may, at any time within such time and such manner as is permitted by the rules of the court, and whether the court be sitting or not, and either when within or when out of the limits of the jurisdiction of the court, hear and grant applications for rules to show cause in arrest of judg- ment, or for judgment non olstante veredicto, or for a repleader, or for granting new trials, or for entering nonsuits and verdicts in causes pending in the court, to the same extent and subject to the rules and regulations to be made in respect thereof in the same manner as rules and regulations are made in the court; and all rules and orders made by the judge upon the hearing of such motions out of court shall be as valid and binding upon the parties as if the same had been made during the sittmgs of the court. iii. Judge to determine fees pay able to registrar and officers of the court.] The judge shall and he is hereby required to make and settle a table of the fees to be taken by the registrar and the bailiff or other ofacers of the court, and such table of fees shall be submitted to two judges of the superior courts ; and if such table of fees shall be confirmed and allowed by such judges, either as such table shall have been submitted to them, or with such alterations, additions, or abatements as they shall think proper, the fees therein mentioned, and no other, may henceforth be lawfully taken by the ofacer therein declared to be entitled thereunto. 12 ccxliv Appendix: iv. Power to judge to alter fees from time to time.'] It shall be lawfnl for the judge from time to time, as occasion shaU require, to make and settle a new table of fees to be taken instead of the fees contained in the table of fees which shall have been made and settled as aforesaid, but such new table shall be of no validity until confirmed and allowed in the manner herein- before mentioned. V. Tahle of fees to he exhibited.'] The registrar shall cause a true copy of the table of fees in force for the time being to be exhibited in a conspicuous part of the office of the registrar. vi. A special case may he stated for tlie opinion vf one of the superior courts at Westminster.] The parties in any action may, after issue joined bv consent and by order of the registrar, state the facts of tlie case in the form of a special case for the opinion of any one of the superior courts, and may agree that a judgment shall be entered in the court for the plaintiff or defendant, as such superior court shall thinE fit. vii. Special case to he transmitted hy the registrar to the rule depart- ment.] 'The registrar shall transmit such special case under seal of the court to the rule department of the master's office of the superior court in which the case is to be argued, and theieupon all such proceedings shall be taken and rules and regulations observed in the superior court as are usual with reference to cases stated for the opinion of such superior court in actions therein pending. viii. Upon production to registrar of rule of sv/perior court, judgment to he entered.] The registrar, upon the production of an office copy of the rule of the superior court made upon hearing such special case, shall enter judgment in the court in conformity with the decision of the superior court. ix. Hemoval of judgments into the superior courts.] In all cases where final judgment shall be obtained in any action brought in the court, where the sum recovered, exclusive of costs, is not less than twenty pounds, and also in all cases where any rule or order shall be made by the judge for the payment of any sum of money not less than twenty pounds, it shall be law- ful for any judge of any of the superior courts, either in term or vacation, upon the application of any person entitled to the benefit of such judgment, rule or order, and upon the production of such judgment, rule, or order, under the seal of the court and signature of the proper officer, to direct such judgment, rule, or order, or a copy of such judgment, rule, or order, verified by affidavit, to be filed with the clerk of t^le judgments of one of the superior courts, and thereupon such judgment, rule, or order shall be of the same effect as a judgment recovered in or a rule or order made by such superior court, and all proceedings shall and may be immediately had and taken thereupon, or by reason or in consequence thereof, as if such judgment so recovered, or rule or order so made, had been originally recovered in or made by the superior court ; and all the reasonable eoste and charges of such application and removal shall be recovered in like manner as if the same were part of such judgment, rule, or order. X. Commission may he issued hy a judge of a superior court to examine witnesses abroad.] Upon the application of any of the parties to any such action depending in the court, any one of the judges of the superior courts 85 S 36 Vict, c: 91. ccxlv at Westminster may order a commission to issue for the examination of witnesses upon oath at any place or places beyond the limits of England and Wales by mterrogator.es or otherwise, and by the same or any subse- quent order or orders may give all such directions touching the time, place and manner of such examination, and all other matters and circumstances connected with such exammation, as may appear reasonable and just. xi. Nonsuit.'] The judge shall have liower to nonsuit the plaintiff in every case m which satisfactory proof shaU not be given to him entitling either the plaintiff or defendant to the judgment of the court, and shall also in every case whatever have the power, if he shall think fit, to order a new trial to be had upon such terms as he shall think reasonable, and in the meantime to stay the proceedings. xii. iVb actions to le removed into superior courts tut on certain conditions ] No action entered in the court shall before judgment be removed or removable from the court into any superior court by any writ or process, except by leave of a judge of one of the superior courts in cases which shall appear to such judge fit to be tried in one of the superior courts, and upon such terms, as to payment of costs, security for debt and costs, or such other terms, as such judge shall think fit. 35 & 36 VioT. Cap. XCI. An Act to authorize the application of Funds of Municipal Corporations and other governing bodies in certain cases. [10th August, 1872.] Wheeeas by the Act passed in the session holden in the twentieth and twenty-first years of the reign of Her Majesty, intituled An Act to amend the Acts concerning the municipal corporations (a), the trustees acting under any Act of parliament for supplying any borough, or any district within or in certain cases beyond the fimits of a borough, with water or gas, or having powers for providing or maintaining any cemetery or market in or for any borough, or otherwise improving the same, are authorized and empowered to transfer to the body corporate of such borough all their rights, estates, properties, and liabilities : And whereas by the ninety-second section of the Act passed in the session holden in the fifth and sixth years of the reign of King "William the Fourth, chapter seventy-six (6), to provide for the regulation of municipal corporations in England and Wales, in each borough the annual proceeds of aU property and hereditaments belonging to the body corporate, and fines and rates levied in the borough, are directed to form the borough fund, and such fund is directed to be applied in the payment of certain salaries and certain expenses and the expenses necessarily incurred in carrying into effect the provisions of the said Act, and the surplus (if any) of such fund is directed to he applied, under the direction of the council, for the public benefit of the inhabitants and the improvement of the borough : (a) 20 & 21 Vict. c. 60. See sect. 2, ante p. oxlviii. (6) Ante, p. xxzviii. ccxlvi Appendix. And whereas the Public Health Act, 1848 (o), the Local Government Act, 1858 (i), and various local Acts of parliament, have conferred powers of improving, cleansing, paving, lighting, and otherwise governing places or districts upon hoards of health, commissioners, trustees, or other persons : And whereas it is expedient to extend the powers of governing bodies so as to enable them to apply the borough or other funds under the control of such governing body towards such costs, charges, and expenses as may be incurred for the purposes and in the manner herein provided : Be it therefore enacted, &c. 1. Interpretation of terms.'] The term " governing body" in this Act shall mean the councQ of any municipal borough, the board of health, local hoard, commissioners, trustees, or other body acting under any general or local Act of parliament for the management, improvement, cleansing, pav- ing, lighting, and otherwise governing places or districts, and the term " district" shall mean the borough, place, township, or district within which the governing body may for the time being have jurisdiction (c). 2. Costs of promoting or opposing parliamentary and other proceedings for benefit of inhabitants to be charged on borough and local funds, except in certain cases.'] When in the judgment of a governing body in any dis- trict it is expedient for such governing body to promote or oppose any local and personal bill or bUls in parliament, or to prosecute or defend any legal proceedings necessary for the promotion or protection of the interests of the inhabitants of the district, it shall be lawful for such govern- ing body to apply the borough fund, borough rate, or other the public funds or rates under the control of such governing body to the payment of the costs and expenses attending the same ; and when there are several funds or rates under the control of the governing body, such governing body shall determine out of which fund or funds, rate or rates, such expense shall be payable, and in what proportions : provided that nothing in this Act contained shall authorize any governing body to promote any bill in parliament for the establishment of any gas or water works to compete with any existing gas or water company established under any Act of parliament : provided that no powers contained in this clause shall apply in any case where the promotion of or opposition to a bill by a governing body has beei) decided by a committee of either house of parliament to be unreasonable or vexatious. 3. No payment to member of governing body to he so charged.] No pay- ment to any member of a governing body for acting as council (sic) or agent in promoting or opposing any such bUl shall be charged as aforesaid. 4. Costs of promoting or opposing bills to require sanction of special meetings^] No expense in relation to promoting or opposing any bUl or bills in parliament shall be charged as aforesaid unless incurred in pursuance of a resolution of an absolute majority of the whole number of the governing body at a meeting of the governing body, after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in some local newspaper pubUshed or circulating in the district, such notice to be in addition to the ordinary notices required for summoning such meeting, nor unless such resolution shall have been published twice in some newspaper (o) 11 & 12 Viot. 0. 63. (d) 21 & 22 Vict. c. 98. (c) ProTlBo as to the borough of Ca-mbrldga onutted. 85 S 86 Vict. c. 91. " ccxlvii or newspapers circvilating in the district, and shall have received, in respect of matters within the jurisdiction of the Local Government Board, the approval of such board, and in respect of other matters, the approval of one of Her Majesty's secretaries of state, and in case of the promotion of a hill in parliament no further expense shall be incurred or charged as aforesaid after the deposit of the bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to he held in pursuance of a similar notice not less than fourteen days after the deposit of the bill in parliament : provided further, that no expense in promoting or opposing any bill in parliament shall be charged as aforesaid imless such promotion or opposition shall have had the consent of the owners and rate- payers of that district, to be expressed by resolution in the manner provided in the Local Government Act (1858) {d) for the adoption of that Act. 5. Proviso as to approval of Local &overnmenf Board, ^c, to any siush resolution.'] The approval of the Local Government Board or one of Her Majesty's principal secretaries of state, as the case may be, shall not be given to any such resolution as aforesaid until the expiration of seven days after the second pubMcation thereof, as provided by this Act, and in the meantime any ratepayer within the district of the governing body may give notice in writing to the Local Government Board or secretary of state objecting to such approval. 6. Costs to he examined.'] All costs, charges, and expenses incurred under the provisions of this Act shall, before the same become chargeable, be examined and allowed by some person to be authorized by one of Her Majesty's principal secretaries of state or by the Local Government Board, as the case may be. 7. Power to direct local inquiry.] The Local Government Board, or one of Her Majesty's principal secretaries of state, shall have power to direct a local inquiry to be held upon any application under this Act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expenses of such local inquiry upon the governing body or the person by whom such application shall be made. 8. Samng clause.] Nothing in this Act shall extend or be construed to alter or affect any special provision which is or shall be contained in any other Act for the payment of the costs, charges, and expenses intended to be provided for by this Act, or to take away or diminish any rights or powers now possessed or enjoyed by any governing body, or which are or ehaU be vested in or exercisable by the inhabitants of any district under any general or special Act. 9. Towns Improvement Clauses Act, 1847, a. 142, repealed.] lie one hundred and forty-second section of "The Towns Improvement Clauses Act, 1847," (e) is hereby repealed so far as the same is inconsistent with the provisions of this Act. 10. Act not to extend to tills if object attainable by provisional order.] The provisions of this Act shaU not extend to applications for any bill in parliament for any object which would, for the time being, be attainable by provisional order. i&) 21 & 22 Vict. 0. 98. (e) 10 & H Vict. c. 34. ccxlviii Appendix;. 36 & 37 Vict. Cap. XXXIII. An Act to facilitate the Proof of Bye-laws and Proceedings of Municipal Corporations in England and Wales. [7tli July, 1873.] Whbeeas it is expedient to facilitate the proof of the hye-lawa and proceed- ings of municipal eoi-porations in England and Wales : Be it therefore enacted, &c. 1. Short title.] This Act may. be cited for all purposes as the " Municipal Corporations Evidence Act, 1873." 2. Proof of hye-Uaos.'] The production of a written or printed copy of any hye-laws made by the council of a borough, either under the Municipal Corporations Act of the fifth and sixth of William the Fourth, chapter seventy-three, {a) or under any present or future general or local Act of parliament, authenticated by the common seal of the borough, shall be evidence, until the contrary is proved, of the due making and existence of such bye-laws, and, if so stated in such copy, of the same bye-laws having been approved and confirmed by the authority whose approval or confir- mation is or shall ,be required to the making or enforcing of such bye-laws in all legal proceedings, without further proof of the making of such bye- laws, or of such approval or confirmation, or of the said common seal. 3. Proofs of proceedings of council and its committees.] Any minute of proceedings at meetings of the council, or of committees of the council, if signed by any person purporting to be the mayor of the borough or the chaiiTOau of a meeting of the council or committee of the council, either at the meeting of the council or committee of the council at which such pro- ceedings took place, or at the next ensuing meeting of the council or com- mittee of the council, shall be receivable in evidence in all legal proceedings, without further proof; and, until the contrary is proved, every meeting of the council or committee of the council in respect of the proceedings of which minutes have been so made shall be deemed to have been duly con- vened and held, and all the members thereof to have been duly qualified, and, when such proceedings are proceedings of committees, that such com- mittees have been duly and regularly constituted, and had power to deal with the matters referred to in such proceedings. 4. Piinisliment for forging seal or signatures.] If any person shall forge the seal or signatures of any document in this Act mentioned or referred to, or shall tender in evidence any such docnment with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall npon conviction be liable to imprisonment for any term not exceeding three year's nor less than one year with hard labour. 5. Interpretation of " ioroiigh."] The word " borough " in the con- struction of this Act shall mean city, borough, or town corporate. (a) This should be aeventy-sls. 37 & 38 yict. c. 59. coxlix 36 & 37 Vict. Cap. LXVIII. An Act for extending the Period of Service in the Militia ; and for other purposes. [5th August, 1873.] 8. Amendment of the Military Forces Localization Act, 1872 (35 if- 36 Vict. c. 68), s. 10 (5).] Where any municipal borough or boroughs has or have contributed towards the expense of providing any barracks, storehouses for arms and ammunition, or other buildings or land which may be trans- ferred to the secretary of state in pursuance of the tenth section of the Military Forces Localization Act, 1872, such borough or boroughs shall be entitled to share in any monies paid by the secretary of state as a conside- ration for such transfer in the proportion which the amount of their con- tribution bears to the original amount expended in providing such barracks, storehouses, buUdings, or lauds. , " Municipal borough" shall, in this section, have the same meaning which it has in the Military Forces Localization Act, 1872 (c). 36 & 37 Vict. Cap. LXXXVI. An Act to amend the Elementary Education Act (1870), and for other purpose connected therewith. [5th August, 1873.] 8. Corrv/pt practices at elections.] Every person who under the prin- cipal Act {d) is disqualified by a conviction for corrupt practices at any election from exercising any franchise for any term of years shall be also disqualified during the same term of years from being a member of a school hoard and from holding any municipal office. 37 & 38 Vict. Cap. LIX. An Act to facilitate the erection of DweUings for Working Men on land belonging to Municipal Corporations. [7th August, 1874.] Whebeas it is expedient to encourage the erection of dwelling-houses suitable for persons employed in manual labour, and to afford increased facilities for the acquisition of sites for such dwelling-houses : Be it therefore enacted, &c. 1. Short title.'] This Act may be cited as the Working Men's Dwellings Act, 1874. (c) The'Ict referred to gives no explanation of tHe meaning of "municipal borough." (d) 33 & M Vict. c. 75 {see b. 91). I o ccl Appendix. 3. Interpretation of terms.'] In this Act — "Corporation" means a municipal corporation for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth (chapter seventy-six) to provide for the regiilation of municipal corporations in ^Engla/nd and Wales (in this Act called the Municipal Corporations Act) acting by the councU of the borough : "Working men's dwellings" means buildings suitable for the habitation of persons employed in manual labour and their families, but so that the use of part of a building for purposes of retail trade or other purposes, approved by a corporation, shall not prevent the building from being deemed a dwelling : ^ "The Treasury" means the commissioners of Her Majesty's Treasury, or two of them. 4. Power to annex conditions as to iuilding, ^e.] Where a corporation determine that any land belonging to them shall be converted into sites for working men's dwellings, and on a representation to the Treasury of the circumstances of the case, under section ninety-four of the Municipal Cor- porations Act, obtain the approval of the Treasury to the corporation making for that purpose grants or leases for terms of nine hundred and ninety-nine years, or any shorter term, of parts of that land, then the following pro- visions shall have efiect and apply : — (1). The corporation may make on the land any roads, drains, walls, fences, or other works requisite for converting the same into building land, at an expense not exceeding such sum as the Trea- sury approve : (2). The corporation may insert in any grant or lease of any part of the land (in this Act referred to as the site) provisions binding the grantee or lessee to build thereon as in the grant or lease pre- scribed, and to maintain and repair the building, and prohibiting the division of the site or building, and iiny addition to or altera- tion of the character of the building, without the consent of the corporation, and for the re-vesting of the site in the corporation, or their re-entry thereon, on breach of any provision in the grant or lease : (3). Every provision as aforesaid shall be valid in law to all intents, and binding on the parties : (4). A grant or lease by the corporation of the site, and any subsequent conveyance or assignment thereof, in the respective form set forth in the schedule to this Act, or to the like effect, with such varia- tions and additions as circumstances require, shall be good and effectual in law to all intents ; and terms used in those forms shall have the same meaning as in this Act. 5. As to costs.] All costs and expenses incurred or authorized by a cor- poration in carrying into execution or otherwise in pursuance of this Act, shall be paid out of the borough fund and borough rate, or by money borrowed by the corporation under the Municipal Corporation Mort- gages, &c.. Act, 1860 (a). (fl) Ante p. clxlli. 87 & 38 Yict. c. 59. ccli SCHEDULE. (A). Form of Chant hy Corporation. The Working Men's Dwellings Act, 1874. Borough of — . Grant. No. . The mayor, aldermen, and burgesses of the horough of by virtue and in pursuance of the above-mentioned Act, and in consideration of paid to them by A. S. of hereby grant to the said A. B. (herein referred to as the grantee), and his heirs, the site following, (that is to say) ; {insert description'] with the appurtenances subject to the following con- ditions (that is to say) : 1. The grantee shall build on the site one working-man's or working- men's dwelling (and no more) according to the plan and specification deposited in the office of the town clerk, numbered , and under the superintendence and to the satisfaction of the corporation. 2. The grantee, his heirs and assigns, shall always maintain and repair the building, and shall not sell or alienate the site or buildings in divisions or separate parts, and, in case of the taking down or destruction of the building shall not rebuild it except in manner approved by the corporation. 3. The grantee, his heirs or assigns, shall not add to or alter the charac- ter of the building without the consent of the corporation. 4. If at any time the grantee, his heirs or assigns, fail to fully observe and perform any stipulation of this grant, the corporation may, if they think fit, declare that the site is re- vested in the corporation ; and there- upon the same, with the dwelling and other buildings thereon, shall become and be vested in the corporation, as if this grant had not been made. In witness whereof, &c., this day of , 187 — . (Corporate Seal). (B). Form of Transfer of Grant. The Working Men's Dwelling Act, 1847. Borough of . Transfer No. . (Grant No. .) A. B. of , by virtue and in pursuance of the above-mentioned Act, and in consideration of paid to him by C. D. of , hereby grants and transfers to the said C. D. and his heirs the site comprised in the within- written (a) grant [or the grant No. under the said Act, dated the day of , 187— (S)] with the appurtenances and with the dwelling (a) [In case ol transfer by indorsement.] (6) [In case of transfer by separate deed.] cclii Appendix. and otlier buildings thereon, subject to tbe conditions on which that site is held immediately before the execution of this transfer. In witness whereof, &c., this day of , 187 — . A. S. (ls.) (C). Form of Lease ty Corporation. The Working Men's Dwellings Act, 1874. Borough of . Lease No, . The mayor, aldermen, and burgesses of the borough of , by virtue and in pursuance of the above-mentioned Act, and in consideration of the sum of paid to them by A. B. of , and of the rent and stipulations in this lease reserved and contained, and to be by him, his executors, adminis- trators, or assigns, paid and performed, hereby lease to the said A. S. (herein referred to as the lessee), his executor and administrator, the site following (that is to say) [insert description] with the appurtenances, for the term of [nine hundred and ninety-nine] years from the day of , at the yearly rent (clear of all deductions) of , payable by two equal half-yearly payments on the day of and the day of in every year, the first thereof to be made on the • day of , and the last thereof to be made in advance on the day of next before the end of the term, and so that on the term being determined by re-entry a proportionate part of the rent for the fraction of the current half year up to re-entry be repayable. And the lessee hereby covenants with the corporation that he, his execu- tors, administrators, or assigns, wiU during the term pay the rent on the days and in manner aforesaid, and will pay all taxes, rates, and outgoings for the time being payable by the tenant in respect of the premises. And this lease is made subject to the following conditions (that is to say) :— 1. The lessee shall build on the site one working-man s or working-men's dwelling (and no more) according to the plan and specification deposited in the office of the town clerk, and numbered , under the superintendence and to the satisfaction of the corporation. 2. The lessee, his executors, administrators, and assigns, shall always during the term maintain and repair the building, and shall not sell or alienate the site or building in divisions or separate parts, and, in case of the taking down, or destruction of the building, shall not rebuild it except in manner approved by the corporation. 3. The lessee, his executors, administrators or assigns, shall not add to or alter the character of the building without the consent in writing of the corporation. 4. If at any time the lessee, his executors, administrators, or assigns, fail to duly pay the rent hereby reserved, or to fully observe and perform any stipulation herein contained, the corporation may, if they think fit, re-enter on any part of the site in the name of the whole, and thereupon the term of years shall absolutely cease. In witness whereof, &c., this day of , 187. (Corporate Seal.) A. B. (L. s.) 37 & 88 Yict. c. ^9. - ccliii (D). Form of Assignment of Lease. The Working Men's Dwellings Act, 1874 Borough of . Transfer No. . (Lease No. .) A. JB. of '- (herein referred to as the assignor) by virtue and in pur- suance of the above-mentioned Act, and in consideration of paid to him by C. D. of , hereby assigns to the said C. D. (herein referred to as the assignee), his executors and administrators, the site comprised in the within-written lease (a) [or the lease No. under the said Act, dated the day of , 187 — (5)], with the appurtenances, and with the dwel- ling and other buildings thereon, for the residue of the term of years, at the rent and subject to the stipulations and conditions at and subject to which that site is held immediately before the execution of this assignment. And the assignee for himself, his executors and administrators, covenEints with the assignor, his executors and administrators, that the assignee, his executors or administrators, will pay the yearly rent and observe and per- form the stipulations and conditions aforesaid, and will at all times keep the assignor, his executors and administrators, indemnified in respect thereof. In witness whereof, &o., this day of , 187 — . A. S. L.s.) C. D. (1.8.) (a) [In case of assignment by endorsement.] (b) [In case of assigmuent by separate deed.] GENBEAL EULBS, 1872, MADE BT Sm COLIN BLACKBURN, Knight, one of the Justices of the QUEEN'S BENCH, Sib HENRY SINGER KEATING, Kkmht, one of the Justices of the COMMON PLEAS, and Sie ANTHONY CLEASBY, Kntoht, one of the Baeons of the EXCHEQUER; the Juiiors for the time being on the rota for the trial of ELECTION PETITIONS IN ENGLAND, pursuant to the Parliamentary Elections Act, 1868 (31 & 32 Vict. u. 125). 1. The presentation of a municipal election petition shall be made by leaving it at the office of the master for the time being nominated by the Chief Justice of the Common Pleas, under the Parliamentary Elections Act, 1868, and such master or his clerk shall (if rec[uired) give a receipt which may be in the following form : — Received on the day of at the master's office a petition touching the election of A.S., alderman, counciEor, [&c., as the case may he\ for the borough of purported to be signed by \insert the names of 'petitioners'^. CD., Master's Cleri. With the petition shall also be left a copy thereof for the master to Bend to the town clerk, pursuant to section 13, sub-section (1), of the Municipal Elections Act. 2. A municipal election petition shall contain the following state- ments : — (1). It shall state the right of the petitioner or petitioners to petition within section 13, sub-section (1), of the Act : (2). It shall state the holding and result of the election, and shall briefly state the facts and grounds relied on to sustain the prayer. 3. The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the Court of Common Pleas or a judge at chambers. 4. The petition shall conclude with a prayer, as for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced (as the case may be), and shall be signed by all the petitioners. General Rules, 1872. cclv 6. The following form, or one to the like effect, shall be sufficient :— In the Common Pleas. The Municipal Elections Act, 1872. Election for [state the place and office for wTiich election JteW] holden on the day of ^ j). The petition of A. of [or of A. of , and B. of as the case may ie] whose names are subscribed. 1. Tour petitioner A. is a person who voted [or had a right to vote, as the case may be'], at the above election, [or was a candidate at the above elec- tion] ; and your petitioner B. [here state in like manner the right of each petitioner.'] 2. And your petitioners state that the election was holden on the day of A.D , when A.B., CD., and E.F., were candidates, and that A.B. and CD. have been in the usual manner declared to be duly elected. 3. And your petitioner say that [here slate the facts and, grounds on which the petitioner's rely. '\ Wherefore your petitioners pray that it may be determined that the said A.B. was not duly elected, and that the election was void [or that the said E.P. was duly elected and ought to have been returned, or as the case may ie], (Signed, A. B. 6. Evidence need not be stated in the petition, but the Court of Common Pleas or a judge at chambers may order such particulars as may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectual trial iu the same way as in ordinary proceedings in the Court of Common Pleas, and upoa such terms as to costs and otherwise as may be ordered. 7. When a petitioner claims the oiEce for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of or defending the election shall, six days before the day appointed for trial, deliver to the master and also at the address, if any, given by the petitioners and respondent, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote, and the master shall allow inspection and office copies of such lists to all parties concerned; and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified iu the list, except by leave of the Court of Common Pleas or a judge at chambers, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered. 8. When the respondent iu a petition under the Act complaining of an undue election, and claiming the office for some person, intends to give evidence to prove that the election of such person was undue, pursuant to the 15th section of the Act, sub-section (9), such respondent shall, six days before the day appointed for trial, deliver to the master, and also at the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and the master shall allow inspection and office copies of such lists to all parties concerned; and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the Court of Common Pleas or a judge at chambers, upon such terms as to amendments of the list, postponement of the inquiry, and payment of costs, as may be ordered. cclvi Appendia). 9. With the petition petitioners shall leave at the oflSce of the master a writing, signed hy them or on their behalf, giving the name of some person entitled to practise as an fittoruey in the Court of Common Pleas, whom they authorize to act as their agent, or stating that they act for themselves, as the case may be, and in either case giving an address, within three miles from the General Post Office, at which notices addressed to them may be left : and if no such writing be left or address given, then notice of objection to the recognizances, and all other notices and proceedings may be given by sticking up the same at the master's office. 10. Any person elected to any municipal office may at any time after he is elected send or leave at the office of the master a writing, signed by him or on bis behalf, appointing a person entitled to practise as an attorney in the Court of Common Pleas, to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address within three miles from the General Post Office at which notices may be left, and in default of such writing being left in a week after service of the petition, notices and proceedings may be given and served respectively by sticking up the same at the master's office, 11. The master shall keep a book or books at his office in which he shall enter all addresses and the names of agents given under either of the pre- ceding rules, which book shall be open to inspection by any person during office hours. 12. The master shall, upon the presentation of the petition, forthwith send a copy of the petition to the town clerk, pursuant to section 13 of the Act, sub-section (1), and shall therewith send the name of the peti- tioner's agent, if any, and of the address, if any, given as prescribed, and also of the name of the respondent's agent, and the address, if any, given as prescribed, and the town clerk shall forthwith publish those particulars along with the petition. The cost of publication of this and any other matter required to be published by the town clerk shall be paid by the petitioner or person moving in the matter, and shall form part of the general costs of the petition. 13. The time for giving notice of the presentation of a petition and of the nature of the proposed security, shall be five days, exclusive of the day of presentation. 14. Where the respondent has named an agent or given an address, the service of a municipal election petition may be by delivery of it to the agent, or by posting it in a registered letter to the address given at such time that, in the ordinary course of post, it would be delivered within the prescribed time. In otlier cases the service may be personal on the respondent, unless a judge at chambers on an application made to bim not later than five days after the petition is presented on affidavit, showing what has been done, shall be satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, in which case the judge may order that what has been done shall be General Rules, 1872. cclvii ™able.'''^'''°* '"'""'' "'^■'"'* *° '""'^ conditions as he may think tJ!:i?"'?|°^''~°f ^«':^'=?tli«=ti<=ting npanotice in the office of the master of the petition having been presented, stating the petitioner, the prayer, and thenatnre of the proposed security, shaU be deemed equivalent to personal service if so ordered by a judge. 16. The deposit of money by way of security for payment of costs, charges, and expenses payable by the petitioner, shaU be made by payment mto the Bank of England to an account to be opened there by the descrip- bon of The Corrupt Practices Municipal Elections Act, 1872, Security C"^'- T. *"" ^'^ "^^^*'^'^ ^^ '^^^ <^^wn upon from time to time by the chiet justice of the Common Pleas for the time being, for the purposes for which security is required by the said Act, and a bank receipt or certificate lor the same shaU be forthwith left at the master's office (a). 17. The master shall file such receipt or certificate, and keep a book open to inspection of aU parties concerned, in which shall be entered from time to time the amount and the petition to which it is applicable. 18. The recognizance as security for costs may be acknowledged before a judge at chambers or the master in town, or a justice of the peace in the country. There may be one recognizance acknowledged by all the sureties, or sepa- rate recognizances by one or more, as may be convenient. 19. The recognizance shall contain the name and usual place of abode of each surety, with such sufiicient description as shall enable him to be found' or ascertained, and may be as follows : — Be it remembered that on the day of , in the year of our Lord 18 , before me [name and description] came A. B., of [name and description as above prescribed'] and. acknowledged himself [or severally acknowledged themselves] to owe to our Sovereign Lady the Queen the sum of five hundred pounds [or the following sums], (that is to say), the said C. D. the sum of £ , the said E. F. the sum of £ , the said G. H. the sum of £ , and the said J. K. the sum of £ , to be levied on his [or their respective] goods and chattels, land and tenements, to the use of our said Sovereign Lady the Queen, her heirs and successors. The condition of this recognizance is, that if [here insert the names of all the petitioners, ami if more than one, add, or any of them] shall well and truly pay all costs, charges and expenses in respect of the election peti- tion signed by him [or them] relating to the [here insert the name of the borough] which shall become payable by the petitioner [or petitioners, or any of them], under the Corrupt Practices Municipal Elections Act, 1872, to any person or 'persons, then this recognizance to be void, otherwise to stand in fuU force. Signed, [Signature of sureties.] Taken and acknowledged by the above-named [name of sureties] on the — day of at Before me, C. D., A justice of the peace [or as the case may be.] (a) See Additional General Eules, jjost, ccliiii. cclviii Appendix. 20. The recognizance or recognizances shall be left at the master's office, by or on behalf of the petitioner in Hke manner as before prescribed for the leaving of a petition forthwith after being acknowledged. 21. The time for giving notice of any objection to a recognizance nnder the 13th section of this Act, sub-section (4), shall be within five days from the date of service of the notice of the petition and of the nature of the security, exclusive of the day of service. 22. An objection to the recognizance must state the ground or grounds thereof, as that the sureties, or an|f and which of them, are insufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognizance has not duly acknowledged the same. 23. Any objection made to the security shall be heard and decided by the master, subject to appeal within five days, to a judge, upon summons taken out by either party to declare the security sufficient or insufficient. 24. Such hearing and decision may be either upon affidavit or personal examination of witnesses, or both, as the master or judge may think fit. 25. If by order made upon such summons the security be declared sufficient, its sufficiency shall he deemed to be estabhshed within the meaning of the 13th section of the said Act, and the petition shall be at issue. 26. If by order made upon such summons an objection be allowed and the security he declared insufficient, the master or judge shaU in such order etate what amount he deems requisite to make the security sufficient, and the further prescribed time to remove the objection by deposit shall be within five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed. 27. The costs of hearing and deciding the objections made to the security given shall be paid as ordered by the master or judge, and in default of such order shall form part of the general costs of the petition. 28. The costs of hearing and deciding an objection upon the ground of insufficiency of a surety or sureties, shall be paid by the petitioner, and a clause to that effect shall be inserted in the order declaring its sufficiency or insufficiency, unless at the time of leaving the recognizance with the master there be also left with the master an affidavit of the sufficiency of the surety or sureties sworn by each surety before a justice of the peace, which affidavit any justice of the peace is hereby authorized to take, or before some person authorized to take affidavits in the Court of Common Pleas, that he is seised or possessed of real or personal estate, or both, above what wiU satisfy his debts, of the clear value of the sum for which he is bound by his recognizance, which affidavit may be as foUows : — In the Common Pleas. Corrupt Practices (Mtmicipal Elections) Act, 1872. I, A. B., of [a* in recognizcmce] make oath and say that I am seised or possessed of real \or personal] estate above what will satisfy my debts, of the clear value of . Sworn, &c. General Rules, 1872. oclix 29. The order of the master for payment of costs shall have the same force as an order made by a judge, and may he made a rule of the Court of Common Pleas, and enforced in like manner as a judge's order. 30. The master shall mate out the municipal election list. In it he shall insert the names of the agents of the petitioners and respondents, and the addresses to which notices may be sent, if any. The list may be inspected at the master's office at any time during office hours, and shall be put up for that purpose upon a notice hoard appropriated to proceedings under the said Act, and headed " Municipal Election List." 31. The time of the trial of each municipal election petition shall be fixed by the election judges on the rota, or any one of them, who shall signify the same to the master, and notice thereof shall be given in writing by the master by sticking notice up in his office, sending one copy by post to the address given by the petitioner, another to the address given by the respondent, if any, and a copy by the post to the town clerk of the borough to which the petition relates, fifteen days before the day appointed for the trial. The town clerk shall forthwith publish the same in the borough. 32. The sticking up of the notice of trial at the office of the master shall be deemed and taken to be notice in the prescribed manner within the meaning of the Act, and such notice shall not be vitiated by any miscar- riage of or relating to the copy or copies thereof to be sent as already directed. 33. The notice of trial may be 'm the following form :— Corrupt Practices (Municipal Election) Act, 1872. Election petition of borough of . Take notice that the above petition [or petitions] will be tried at on the day of and on such other subsequent days as may be needful. Dated the day of . Signed by order, A. B., The master appointed under the above Act- 34. A judge may from time to time, by order made upon the application of a party to the petition, or by notice in such form as the judge may direct to be sent to the town clerk, postpone the beginning of the trial to such day as he may name, and such notice when received shaU he forthwith made public by the town clerk. 35 In the event of the barrister to whom the trial of the petition ia assigned not having arrived at the time appointed for the trial, or to whieh the trial is postponed, the commencement of the trial shaUipso facto stand afljourned to the ensuing day, and so from day to day. 36 No formal adjournment of the court for the trial of a municipal election petition shaU be necessary, but the trial is to be deemed ad- Journed, and may be continued fi:om day to day until the mquiry is concluded. 37. The appUcation to state a special case may be made by rule in the cclx Appendix. Court of Common Pleas when sitting, or by a summons before a judge at chambers, upon hearing the parties. 38. The title of the court held for the trial of a municipal election peti- tion, may he as follows : — " Court for the trial of a municipal election petition for the borough of [or as may he\ between — — petitioner and respondent," and it shall be sufficient so to entitle aU proceedings in that court. 39. An officer shall he appointed for each court for the trial of a muni- cipal election petition by the election judges, at the time thkt they assign the petition to the barrister ; such officer shall attend at the trial in like manner as the clerks of assize and of arraigns attend at the assizes. Such officer may be called the registrar of that court. He, by himself, or in case of need, his sufficient deputy, shall perform all the functions incident to the officer of a court of record, and also suph duties as may be prescribed to him. 40. The reasonable costs of any witness shall be ascertained by the regis- trar of the court, and the certificate allowing them shaJl be under his hand, unless the court shall otherwise order. 41. The order of the court to compel the attendance of a person as a witness may be in the following form : — Court for the trial of a municipal election petition for \cormplete the title of the courf] the day of . To A.B. [describe the person}. Ton are hereby required to attend before the above court at [place'] on the day of at the hour of [or forthwith, as the case may ie], to be examined as a witness in the matter of the said petition, and to attend the said court until your examination shall have been completed. As witness my hand, A.B., The barrister to whom the trial of the said petition is assigned. 42. In the event of its being necessary to commit any person for con- tempt, the warrant may be as follows : — At a court holden on at for the trial of a municipal election petition for the borough of , before A.B., one of the barristers appointed for the trial of municipal election petitions, pursuant to " The Corrupt Practices (Municipal Elections) Act, 1872." Whereas CD. has this day been guilty, and is by the said court adjudged to he guilty, of a contempt thereof. The said court does therefore sentence the said CD. for his said contempt to be imprisoned in the gaol for calendar months [or as may Je], and to pay to our Lady the Queen a fine of £ , and to be further imprisoned in the said gaol until the said fine be paid. And the court further orders that the sheriff of the borough [if any, or as the case be], and all constables and officers of the peace of any county, borough, or place where the said CD. may be found, shall take the said CD. into custody and convey him to the said gaol, and there deliver him into the custody of the gaoler thereof, to undergo his said sentence. And the court further orders the said gaoler to receive the said CD. into his custody, and that he shall be detained in the said gaol in pursuance of the said sentence. A.B. Signed the — ^ day of A.B. General Rules, 1872. cclxi 43. Such warrant may te made out and directed to the sheriff or other person having the execatlon of process of the superior courts, as the case may be, and to all constables and officers of the peace of the county,, borough, or place where the person adjudged guilty of contempt may be found, and such warrant shall be sufficient without further particularity, and shall and may be executed by the persons to whom it is directed or any or either of them. 44. All interlocutory questions and matters, except as to the sufficiency of the security, shall be heard and disposed of before a judge, who shall have the same control over the proceedings under the Corrupt Practices (Municipal Elections) Act, 1872, as a. judge at chambers in the ordinary proceedings of the superior courts, and such questions and matters shall be heard and disposed of then by any judge at chambers. 45. Notice of an application for leave to withdraw a petition shall be in ■writing and signed by the petitioners or their agent. It shall state the ground on which the application is intended to be supported. The following form shall be sufficient : — Corrupt Practices (Municipal Elections) Act, 1872. ^ Borough of petition of [state petitioners'] presented day of . The petitioner proposes to apply to withdraw his petition upon the fol- lowing ground [here state the ground'], and prays that a day may be appointed for hearing his application. Dated this day of . (Signed) 46. The notice of application for leave to withdraw shall be left at the master's office. 47. A copy of such notice of the intention of the petitioner to apply for leave to withdraw his petition shall be given by the petitioner to the respondent, and to the town clerk, who shall make it public in the borough to which it relates, and shall be forthwith published by the petitioner in at least one newspaper circulating in the place. The following may be the form of such notice : — Corrupt Practices (Municipal Elections) Act, 1872. In the election petition for in which ■ is petitioner and respondent. Notice is hereby given, that the above petitioner has on the day of lodged at the master's office notice of an application to withdraw the petition, of which notice the following is a copy [set it old]. And take notice that by the rule made by the judges, any person who might have been a petitioner in respect of the said election may, within five days after publication by the town clerk of this notice, give notice in writing of his intention on the hearing to apply for leave to be substituted as a petitioner. (Signed) 48. Any person who might have been a petitioner in respect of the elec- tion to which the petition relates, may, within five days after such notice is published by the returning officer, give notice, in writing, signed by him or on his behalf, to the master of his intention to apply at the hearing to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing. cclxii Appendim. 49. The time and place for hearing the application shall be fixed by a indge, and whether before the Court of Common Pleas or before a judge, as he may deem advisable, but shall not be less than a week after the notice of the intention to apply has been given to the master as herein- before provided, and notice of the time and place appointed for the hearing shall be given to such person or persons, if any, as shall have given notice to the master of an intention to apply to be substituted as petitioners, and otherwise in such manner and at such time as the judge directs. 50. Notice of abatement of a petition, by death of the petitioner or sur- viving petitioner, under section 17, sub- section (5), of the said Act, shall be given by the party or person interested in the same manner as a notice of an application to withdraw a petition ; and the time within which appli- cation may be made to the Court of Common Pleas or a judge at chambers, by motion or summons at chambers, to be substituted as a petitioner, shall be one calendar month, or such further time as upon consideration of any special circumstances the Court of Common Pleas or a judge at chambers may allow. 51. If the respondent dies, any person entitled to be a petitioner under the Act in respect of the election to which the petition relates, may give notice of the fact in the borough by causing such notice to be published in at least one newspaper circulating therein, if any, and by leaving a copy of such notice signed by him or on his behalf with the town clerk, and a like copy with the master. 52. The manner and time of the respondent's giving notice that he does not intend to oppose the petition, shall be by leaving notice thereof in writ- ing at the office of the master signed by the respondents six days before the day appointed for trial exclusive of the day of leaving such notice. 53. Upon such notice being left at the master's ofBce, the master shall forthwith send a copy thereof by the post to the petitioner or his agent, and to the town clerk, who shall cause the same to be published in the borough. 54. The time for applying to be admitted as a respondent in either of the events mentioned in the 18th section of the Act shall be vrithin ten days after such notice is given as hereinbefore directed, or such further time as the Court of Common Pleas or a judge at chambers may allow. 55. Costs shall be taxed by the master, or at his request by any master of a superior court, upon the rule of court or judge's order by which the costs are payable, and costs when taxed may be recovered by execution issued upon the rule of court ordering them to be paid, or if payable by the order of a judge, then by making such order a rule of court in the ordinary way and issuing execution upon such rule against the person by whom the costs are ordered to be paid, or in case there be money in the bank available for the purpose, then to the extent of such money by order of the chief justice of the Common Pleas for the time being, upon a duplicate of the rule of court. The office fees payable for inspection, office copies, enrolment, and other proceedings under the Act and these rules, shall be the same as those pay- able, if any, for like proceedings according to the present practice of the Court of Common Pleas. General Rules, 1872. cclxiii Be. An agent employed for the petitioner or respondent shall forthwith leave written notice at the office of the master, of his appointment to act as such ^ent, and service of notices and proceedings upon such agent, shall be sufficient for all purposes, 5?. No proceeding under the Corrupt Practices (Municipal Elections) Act, 1872, shall he defeated by any formal objection. 58. Any rule made or to be made in pursuance of the Act, if made in term, time shall he published by being read by the master in the Court of Common Pleas, and if made out of term by a copy thereof being put up at the master's office. Dated the 20th day of November, 18?2. Colin Biacebuen, H. S. Keating, A. Clbasby. TAe Judges for the time heing on the rota for the trial of election petitions under the provisions of the Farliamentary Elections Act, , 1868. ADDITIONAL GENERAL RULES. 1. All claims at law or in equity to money deposited or to be deposited in the Bank of England for payment of costs, charges, and expenses pay- able by the petitioners pursuant to the 16th general rule, made the 20th day of November, 1872, by the judges for the trial of election petitions in England, shall be disposed of by the Court of Common Pleas or a judge at chambers. 2. Money so deposited shall, if, and when the same is no longer needed for securing payment of such costs, charges, and expenses, be returned or otherwise disposed of as justice may require, by rule of the Court of Com- mon Pleas or order of a judge at chambers. 3. Such rule or order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or otherwise suffi- ciently provided for, as the Court of Common Pleas or judge at chambers may require. 4. The rule or order may direct payment either to the party in whose name the same is deposited, or to any person entitled to receive the cclxiv Appendix, 5. Upon such a rule or order being made, the amount may be drawn for by the caii. f justice of the Common Pleas for the time being. 6. The draft of the chief justice of the Common Pleas for the time being shall in all cases be a sufficient warrant to the Bank of England for all payments made thereunder. 7. The barrister engaged may appoint a proper person to act as crier and officer of the court. 8. The shorthand writer to attend at the trial of a petition shall be the shorthand writer to the House of Commons for the time being, or his deputy, and the master shall send a copy of the notice of trial to the said shorthand writer to the House of Commons. COMN BlACKBTTEN, H. S. Keating, A. Cleasbt. Jvdges for the time heing on the rota for the trial of election petitions in England, pursuant to the Farliamenta/ry Elections Aet, 1868. Dated the 10th day of December, 1872. APPENDIX. PART II. W 9 Anne, Cap. XX. An Act for rendering the proceedings upon writs of Mandamus, and infor- mations in the nature of a Quo Warranto, more speedy and effectual ; and for the more easy trying and determining the rights of offices and franciiises in Corporations and Boroughs (S). [a. d. 1710.] 'Returns to writs of mandamus out of the Queen's Bench, Sfc, shall le mads to the first writ.~\ Whereas divers persons hare of late illegally in- truded themselves into, and have taken upon themselves to execute the office of mayors, bailiffs, portreeves, and other offices, within cities, towns corporate, boroughs, and places, within that part of Great Britain called England and Wales ; and where such offices were annual offices, it hath been found very difficult, if not impracticable, by the laws now in being, to bring to a trial and determination the right of such persons to the said offices, within the compass of the year ; and where such offices were not annual offices, it hath been found difficult to try and determine the right of such persons to such offices, before they have done divers acts in their said offices, prejudicial to the peace, order, and good government within such cities, towns corporate, boroughs, and places, wherein they have respectively acted : and whereas divers persons, who had a right to such offices, or to be burgesses or freemen of such cities, towns corporate, boroughs, or places have either been illegally turned out of the same, or have been refused to be admitted thereto, having in many of the said oases no other remedy to procure themselves to be respectively admitted, or restored to their said offices or franchises of being burgesses or. freemen, than by writs oiman- damiis, the proceedings on which are very dilatory and expensive, whereby great mischiefs have already ensued, and more are likely to ensue, if not timely prevented ; for remedy, whereof, be it enacted, &c. II. As soon as the return is made, the prosecutor in such writ may plead, ^e., to which the person returning may reply, S;c. III. persons against whom da/mages shall be recovered, not liable to other actions. (a) See the Preface. (6) See 35 & 36 Vict. c. 60 (the Corrupt Practices Municipal Elections Act), ante, p. ccxxix, by which the provisions of this Act are in great part rendered inoperative. cclxvi Appendix, IV. Informations in the nature of quo warranto may he exMhited againtt rack as intrude, , p lir'; 30 & 31 Vict. c.'75, anti, p.lcxcvii; 31 & 32 Vict., c. 72, ante, p. cox ; and 34 & 35 Vict., c. 48, ante, p. cov. eolxx Appendix. adjudsed, deemed, and taken to be and to have been subsisting and capable of electing sucb officer or officers, to all intents and purposes ; any such omission, absence, default, or avoidance, or any disability or forfeiture arising therefrom in anywise notwithstanding. VIII. This Act not to make void any chaHer.'] Provided always, that, nothing herein contained shall extend or be construed to extend, invalidate or make void any charter heretofore granted to, and accepted by any city, borough, or town corporate, or any corporation within the same or any of them, or any election or acts had, made, or done in pursuance of any such charter (a). IX. Setmrn to he made to tTie first writ of mandamus. 12 Geo. 3, Cap. XXI. An Act for giving relief in proceedings upon writs of Mandamus for the admission of Freemen into Corporations ; and for other purposes therein mentioned. Whebeas divers persons who have a right to be admitted citizens, bur- gesses, or freemen, of divers cities, towns corporate, boroughs. Cinque Ports, and places, within that part of Great Britain called England and Wales, being refused to be admitted thereto, have, in many cases no other ordinary remedy to procure themselves to be admitted to the franchises of being citizens, burgesses, or freemen, than by writs of mandamus, the proceed- ings on which are very dilatory and expensive ; and although any such writ of mandanms is obeyed, the person applying is nevertheless put to great and unnecessary trouble, delay, and expense ; and whereas by the laws now in being, in many cases, no provision is made for giving costs to the party suing out any such writ where the same is obeyed ; for remedy whereof, be it enacted, &c. : I. Am/ person entitled to he admitted a citizen, S(c., of any city and apply- ing to the mayor, Sfc.,for that purpose, giving him notice, specifying the nature of his claim, ^c., if such mayor, iSfc, shall refuse to admit such person, and a mandamus shall issue for compelling his admission, the ma/yor to pay all costs (6). II. Freemen to he admitted to inspect the entries of admission, S(c., wad to take copies thereof (c). — Mayor, bailiff', Sfc, denying inspection of such entries, or to give copies thereof, shall, for every refusal forfeit one hundred pounds (d), to he recovered hy action of debt ; to he commenced within one year after the cause shall have arisen, (a) Eemainder ol section repealed by Statute Law Sevisiou Act, 1867. (b) The provisiona of this section liave been rendered in great part inoperative by the enactments in s. 6 of S & 6 Will. 4, c. 76, ante, p. vil. {c) See 6 & 6 Will. 4, o. 76, s. 5, cm above. (d) See /d. 6. 48, ante p. xx., where the penalty for such refusal is made fifty pounds. 82 Geo. 3, c. 58. cclxxi 32 Geo. 3, Cap. LVIII. An Act for the Amendment of the Law in proceedings upon information in nature of Quo Warranto. Whebeas it would greatly tend to secure the freedom of election, and the quiet, tranquillity, and good order of cities, boroughs and towns corporate, if a certain reasonable limitation of time should be by law established, beyond which no member or officer of any city, borough, or town corporate' should be disturbed in the enjoyment or exercise of his office or franchise which he should have held and enjoyed for such time : be it enacted, &c. I. pefendants to informations in the nature of quo warranto for the exercise of any office, may plead the holding it six years or mxyre, S;c. (e). n. Forfeiture of office within six years hefore information, may he replied to such plea. in. Title derived under an election not to he affected on account of defect in the title of the person electing, if he was in, the exercise of his offi^ie six years previous to the information. IV. Officer having the custody of corporation records to permit a/ny member thereof to inspect the hoohs of admission of freemen, ^c, on penalty of one hundred pounds.'] And be it farther enacted by the authority afore- said, that the mayor, bailiff, sheriff, town clerk, or other officer of any corporation, having the custody of, or power over, the records of the same, shall, upon the demand of any person, being an officer or member of such corporation, on the payment of one shilling, permit such person, on any day or days except Christmas day. Good Friday, and Sunday, between the hours of nine in the morning and three in the afternoon, to inspect the books and papers wherein the admission or swearing in of the freemen, burgesses, or other members or officers of such corporation, shaE be entered, and to have copies or minutes of the admission, or the entry of swearing- in of any one or more of such freemen, burgesses, or other members or officers, upon paying sixpence for every one hundred words for writing the same ; and if such mayor, bailiff, sheriff, town clerk, or other officer, shall refuse or deny to any person, hereby entitled to demand it, the inspection of such books or papers, or to have copies or minutes thereof as aforesaid, such mayor, bailiff, sheriff, town clerk, or other officer shall, for every such offence, forfeit and pay the sum of one hundred pounds, together with full costs of suit, to him, her, or them, who shall inform and sue for the same within one year after such offence committed, by action of debt, bill, plaint, or information, in any of His Majesty's courts of record at Westminster, wherein no essoin, protection, wager of law, nor more than one imparlance, shall be allowed. (e) Tills enactment is virtually repealed by s.23 ol 7 Will. 4, & 1 Vict. c. 78, ante p. Ixxxv ; see also 6 & 7 Vict. c. 89, s. 1, ante, p. cxi.; and 35 & 36 Vict. c. 60, ante, p. ccxzviu. cclxxii Appendix. 1 Will. 4, Cap. XXI. An Act to improve the proceedinga in ProMbition and on Writs of Mcmdamus (a). [33t»i March, 1831.] Ill (5). The enactments of 9 Ann c. 20 (c), relating to retwns to writs 0/ mandamus therein mentioned, and the proceedings thereon, extended to all other writs of mandamus (d). IV. For protection of certain officers to whom writs of mandamus a/re V. Proceedings not to abate ly removal of officer. VI. Costs to lie in the discretion of the cowrt (e). 1 & 2 Will. 4, Cap. LVIII. An Act to enable Courts of Law to give relief against adverse claims made upon persons having no interests in the subject of such claims. [20th October, 1831.] VIII. Upon amy application under 1 Will. 4, e. 21 (/), and this Act, the court to exercise such powers and make swsh rules as are given hy or mentioned in this Act. 3 & 4 Will. 4, Cap. XC. An Act to repeal an Act of the eleventh year of His late Majesty King George the Fourth, for the Lighting and Watching of parishes in England and Wales, and to make other provisions in lieu thereof (y). [28th August, 1833.] 1. Mecited Act repealed.'] Whereas an Act was passed in the eleventh year of the reign of His late Majesty King George the Fourth, intituled. An Act to make provision for the lighting and watching of parishes in England (a) See 6 & 7 Vict, c. 67, %tost, and c. 89, s. 5, anUy p. cxii. ' (&) Sects. 1 and 2 refer to proceedings in proMbition. (c) Ante, p. ccliv. (dj See Fall v. Beginam, 1 Q. B. 636. (ej See S. v. Newtrunj, (Mayor, tbc), 1 Q. B. 761 ; S. C. 2 G & D. 109 ; B. v. Eastern Counties Railway, 2 Q. B. 668, 679 ; B. v. Scott, 3 Dowl. (N. s.) 212 ; B. v. Dart- mouth (Mayor, ica.), 2 Id. 980 ; B. v. St. Panoras (dhurchwardens, Jtc), Id. 95 ; Ji. V. Bingham, i Q. B. 877 ; B. v. CamTyridge (Maiiar, J;c.), Id. 801 ; B. v. West Biding (Justices), 5 Q. B. 1 ; B. v. Middlesex (Sheriff), id. 365 ; B. v. Great Western Bailway, Id. 697 ; B. v. Surrey (Justices), 9 Q. B. 37 and Beg. Gen. Q. B. E. T. 6 Vict. 4 Q. B. 663, 3 G. & D. 612. (/) Supra. (g) See 6 & 6 Will. 4. c. 76, s. 88, ante, p. xxxrll, and 10 & 11 Vlot. c. 34 ; see also B. v. Marriott, 12 A. & B. 779 ; B. V. Whipp, i Q. B. 141 : S. 0. 8 G. & D. 372 : Beechey V. Q'uentery, 10 M. & W. 66. 3di Will 4, c. 90. cckxiii and Wales (a): and whereas doubts have arisen as to the construction of some of the provisions of the said Act, and it is expedient that the said Act should be repealed, and that other prorisions should be substituted in heu thereof : be it therefore enacted, &c., that from and after the passing ot this Act the said Act passed in the eleventh year of the reign of His said late Majesty King George the Fourth shall be and the same is hereby repealed. ■' II. Snci repeal not to affect the proceedings under that Act previous to the passmg of this Act. III. Inspectors under former Act to continue to Act until others appointed. IV. Act applicable to allparishes. V. On application of three rated inhabitants, churchwardens to convene a meeting in vestry to determine whether the provisions of this Act shall he ado'Dted. vl. Chairman to be elected, who shall determine any controversies. VII. Chairman to read requisition, and require persons to determine whether Act shall be adopted. VIII. If meeting determine to proceed, the provisions of this Act shall thenceforth take effect. IX. Inhabitants to fix amount of money to be raised. Foil may be demanded as to adoption of Act, X. Notice of poll to be given by churchwardens. Form of notice. XI. Form of decla/ration. XII. Churchwardens to examine the votes, and declare whether two^thirds of them are in favour of adopting this Act. XIII. Ratepayers may inspect votes. XIV. ]Vo person to vote unless he has been rated one year. XV. Notice of adoption of this Act. Act may be abandoned. XVI. If meeting determine against adopting this Act. XVII. Mode of electing inspectors. XVIII. At the end of twelve months the inspectors to give notice to churchwardens that they are ready to prodmce their accounts, and church- wardens to call a meeting for that purpose. Meetings in future years. XIX. Inspectors at such meeting to prodmie accounts : one thi/rd of them to go out of office and others elected. XX. Chairman to decide questions as to eligibilily, 8;o. XXI. Sow vacancies in the rmmber of inspectors shall be filled up. XXII. Inspectors to meet monthly.^ And be it farther enacted, that the inspectors for executing this Act in any parish shall meet on the first, Monday in every month, at noon, at some convenient place or ofBce pre- (ft) 11 Geo. 4, c, 2^ mZ cclxxiv Appendix. viously puHioly notified ; and at such monthly meeting it shall be lawful for any inhabitant rated to the relief of the poor of any such parish to appear there, and prefer any matter of complaint which he may think proper to make concerning any matter or thing done by force or In pur- suance of or under pretence of the provisions of this Act. XXIII. Special meetings of inspectors. — Quorum.'] And be it further enacted, that such inspectors shall meet at all other times and so often aa at any previous meeting shall be determined upon ; and it shall be at all times competent for any one inspector, when three inspectors only shall have been appointed, and in all other cases for any two inspectors, by writing under his or their hands, to summon, upon at least forty-eight hours' notice, the inspectors for any special purpose therein named, and for such time as shall be therein named ; and that at all meetings of such inspectors any number not less than one-third of the whole number when more than three inspectors shall have been appointed, and when only three inspectors shall have been appointed then not less than two inspectors, shall constitute a quorum for transacting business. XXIV. Inspectors to appoint officers dmring pleasure, and rent an office for the transaction of their business.'] And be it further enacted, that it shall be lawful for the said inspectors elected in any parish under this Act for the time being, and they are hereby autlmrized and required, to appoint, during pleasure, such treasurer and other ofiBcers as they shall think neces- sary for effecting the purposes of this Act, and to remove and to displace the same, and to hire and rent a sufficient oflice or house or room for hold- ing their meetings and transacting their business, and also to appoint suit- able salaries, wages, and allowances to and for such treasurer and other oficers, and also to agree for a reasonable rent for such office or house or room, and to pay such salaries, wages, and allowances, and such rent, out of the monies received by the inspectors under the authority of this Act : pro- vided nevertheless, that no person shall at the same time hold two offices or situations under the said inspectors. XXV. Security to he taken from treasurer^ And be it further enacted, that it shall be lawful for the said inspectors, or any two or more of them, and they are hereby required, to take security from the treasurer to be appointed by virtue of this Act for the due execution of his office of treasurer, according to the true intent and meaning of this Act, which security shall be to the fuU amount of the sum likely to be in the hands of the said treasurer at any one time ; and in case any such treasurer shall neglect or refuse, for the space of three weeks next after his appointment, to give or offer such security to the satisfaction of the said inspectors, then the appointment of every such person so neglecting or refusing shall be null and void to all intents and purposes, and the said inspectors shall, within three weeks then next, assemble and appoint some other fit and proper person to the office of treasurer, instead of the person so refusing or neglecting as aforesaid, and shall so assemble and appoint from time to time until security shall be given to their satisfaction as aforesaid. XXVI. Treasurers and officers to accoimt. — Proceedings against officers neglecting to account.] And be it further enacted, that every such treasurer and other officer appointed by virtue of this Act shall, under his respective hand, and at such time or times and in such manner as the said inspectors shall direct, deliver to the said inspectors, or such person as they shall 3di Will. 4, c. 90. cckxv appoint, true and perfect accounts in writing of all matters and things committed to liis cliarge by virtue of this Act, and also of all monies which shall have been by such officer received by virtue of or for the purposes of this Act, and of how much thereof shall have been expended and disbursed, and for what purposes, together with proper vouchers for such payments ; and that every such officer shall pay all such monies as shall remain due from him to the treasurer for the time being, or to such person or persons as the said inspector (sic) shall appoint to receive the same ; and if any such treasurer, officer, or other person shall refuse or neglect to make and render such account, or to produce and deliver up the vouchers relating to the same, or to make payments as aforesaid, or shall refuse or wilfully neglect to deliver to the said inspectors, or to such person or persons as they shall appoint to receive the same, within three days after being there- unto required by the said inspectors, by notice in writing under the hands and seals of any two or more of the said inspectors, given to or left at the last or usual place of abode of such officer, all books, papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said inspectors or such other person or persons as afore- said respecting the same, then and in every such case, upon complaint made by the said inspectors, or by such person or persons as they the said inspec- tors shall appoint for that purpose, of any such refusal or wilful neglect as aforesaid, to any justice of the peace, such justice may and he is hereby authorized and required to issue a summons under his hand and seal for the officer so refusing or neglecting to appear before two justices of the peace ; and upon the said officer appearing, or having been so summoned and not appearing without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices to hear and determine the matter in a summary way ; and if upon confession of the party, or by the testimony of any credible witness or witnesses upon oath (which oath such justices are hereby empowered to administer), it shall appear to such justices that any monies remain due from such officer, such justices may and they are hereby authorized and required, upon nonpayment thereof, by warrant under their hands and seals, to cause such money to be levied by distress and sale of the goods and chattels of such officer, and if no goods and chattels of such officer shall be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, or if it shall appear to such justices that such officer had refused or wilfully neglected to render and give such account, or to produce the vouchers relating thereto, or that any books, papers, or writings relating to the execution of this Act remained in the hands or in the custody or power of such officer, and he refused or wilfully neglected to deliver or give satisfac- tion respecting the same as aforesaid, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city, or place where such offender shall be or reside, there to remain, without bail or mainprize, until he shall have given n true and perfect account as aforesaid, or until he shall have paid such monies as aforesaid, or compounded with the said inspectors for such money, and shall have paid such composition in such manner as they shall appoint (which composition the said inspectors are hereby empowered to make and receive), and until he shaU have delivered up such^books papers, and writings, or given satisfaction in respect thereof, to the said hispectors, or to such other person or persons as aforesaid; but no such oflFender shall be kept or detained in such common gaol or house of correction for want of sufficient distress by virtue of this act for any longer space of time than three calendar months. cclxxvi Appendix, XXVTI. Commitment of offender not to discharge his sureties. XXVIII. Officers taking any fee or reward, besides the salary or fees appointed, to forfeit fifty pounds. XXIX. Inspectors may sue and he sued in the name of any one of them. XXX. Proceedings at meetings of inspectors to he entered in hooks, which shall he good evidence.^ And be it further enacted, that all acts, orders, and proceedings of the said inspectors at any of their meetings shall he entered in a book to be kept by them for that purpose, and shall be signed by two of the inspectors who were then present ; and all such acts, orders, and proceedings shall then be deemed and taken to be original acts, orders, and proceedings ; and such books shall and may be produced and read as evidence of all such acts, orders, and proceedings upon any appeal or trial or information, or any proceedings, civil or criminal, and in any court or courts of law or equity whatsoever. XXXI. Accounts to he kept.'] And be it further enacted, that the said inspectors shall and they are hereby required from time to time to order and direct a book or books to be provided and kept, in which book or books shall be entered true and regular accounts of all sums of money received, paid, and expended for or on account of the purposes of this Act, and of the several articles, matters, and things for which such sums of money shall have been disljursed and paid ; and such book or books shall at all reasonable times be open to the inspection of the said inspectors and of every inhabitant rated to the relief of the poor of the parish adopting the provi- sions of this Act, without fee or reward ; and the said inspectors and other persons aforesaid, or any of them, shall or may take copies of or extracts from the said book or books, or any part thereof, without paying for the same ; and in case the said inspectors shall refuse to permit or shall not permit the said persons aforesaid to inspect the same, or take copies or extracts as aforesaid, such inspector [sic] shall forfeit and pay any sum of money not exceeding five pounds for each default, to be levied and applied in manner hereinafter provided. XXXII. Inspectors to issue an order to overseers for payment of money for the purposes of this Act.] And be it further enacted, that as soon as the inspectors have been elected as aforesaid it shall be lawful for them, or any two or more of them, from time to time to issue an order under their hands to the overseers of the poor of any parish to which the provisions of this Act shall be extended, by which order they shall require the^said over- seers to levy the amount mentioned in the said order. XXXIII. Fower to collect rates.] And be it further enacted, that the overseers aforesaid shall, for the purpose of collecting, raising, and levying the rate, necessary for the purposes of this Act, proceed in the same manner, and have the same powers, remedies, and privileges, as for levying money for the relief of the poor in the said parish (a) : provided always, that owners and occupiers of houses, buildings, and property (other than land) rateable to the relief of the poor in any such parish shall be rated at and pay a rate in the pound three times greater than that at which the owners and occu- (a) See 7 Will. 4, and 1 Vict. o. 46, s. 2, post; and B. v. Marriott, 12 A. & E. 779 ; B. V. Whipp, i Q. B, 141 ; S. C. 3 G. & D. 372 ; Ormsrod v. Chadwick, 14 M. & W. 367. Sd4: Will. 4, c. 90. colxxvii piers of land shall he rated at and pay for the purposes of this Act : pro- vided also, that the total amount of the sum to be collected, raised, and levied for the purposes of this Act within any one year shall not exceed such sum as shall have been agreed on by the inhabitants of the sajd parish as aforesaid, and that the said sum shall be assessed upon the full and fair annual value to which lands, houses, and buildings, and other property within the said parish shall be rated or shall be rateable according to the last valuation made and acted upon for the rate for the reUef of the poor within the said parish. XXXIV. Land and houses to be rated separately. XSXV. Power of succeeding overseers to collect rate. XXXVI. Overseers to pay amount to treasurer. Seceipf of treasurer to be a discharge to overseers. XXXVII. Where other persons are authorized to collect poor's rates, such persons to be deemed overseers. XXXVIII. Overseers may be distrained upon for non-payment. XXXIX. Watchmen, S^c, to be appointed, and provided with arms clothing, S^c. (4). XL. Watchmen, S;c., to deliver wp clothing on removal, S^c, (c). XLI. l)uty of watchmen, Sfc. (d). XLII. Watchmen, Sfc, to be sworn in, and to have the power of con- stables {d). XLIII. Certain fees to be paid over to inspectors.'] And be it farther enacted, that in all such cases in which any of the duties usually performed by constables shall have been executed by any of the officers appointed by the inspectors as hereinbefore enacted, all fees and allowances for the per- formance of such duties shall be paid over to the said inspectors, to be by them applied in aid of the rate levied under the provisions of this Act. XLIV. Fire engines to be provided.'] And be it further enacted, that it shall be lawful for the said inspectors from time to time to provide and keep up fire engines, with pipes and other utensils proper for the same, for the use of the parish adopting the provisions of this Act, and to provide a proper place of or places for the keeping of the same, and to place such engines under the care of some proper person or persons, and to make him or them such allow- ance for his or tlieir trouble as may he thought reasonable, and the expenses attending the providing and keeping of such engines shall be paid out of the money authorized to be received by the inspectors under the provisions of this Act. XLV. Lamp-irons to be put tip.] And be it further enacted, that it shall be lawful for the said inspectors and they are hereby empowered from time (b) The provisions of this and the next three sections are rendered inoperative in boroughs by S & 6 Will. 4, o. 76, ss. 76—84, ante, pp. xxxii— xxxv. (c) See note to last section. (8) See note to sect. 39. c clxxviii Appendix. to time to cause such lamp-irons or lamp-posts or other posts to he put or fixed upon or against the walls or palisadoes of any houses, tenements, buildings, or inclosures (doing as little damage as 'may be practicable thereto), or to he put np and erected in such other manner, within all of any of the said roads, streets, and places within the limits of this Act, as they shall think proper ; and also to cause such number of lamps, of such sizes and sorts, to be provided and affixed and put upon such lamp-irons and lamp-posts, as they shall think necessary for lighting all or any of such roads, streets, and places, and cause the same to be lighted with gas, oil, oi otherwise for such number of hours in every twenty-four hours as they shall think necessary ; and also to cause such a number of watch-houses or watch- boxes to be provided, erected or affixed as they shall think necessary for watching all or any of the streets, roads, and places within the limits of this Act. XLVI. Gas pipes not to be laid on private premises without consent. XL VII. Owners of private grounds may alter position of pipes. XL VIII. For stopping the escape of gas. Penalty for neglect. XLIX. Power to convey a/way washings of gas-worhs. L. Penalty for conveying washings into any river, ^c. LI. Oas pipes to he laid four feet from water pipes, and in a particular manner. LII. To prevent escape of gas and contamination of water. LIII. For ascertaining if the water he contaminated. LIV. Persons supplying gas liable to he indicted for a nuisance. LV. Penalty for wilfully destroying or injuring lamps. LVI. Hoio persons accidentally brealcing lamps a/re to be dealt with. LVII. Power for inspectors to contract for the works directed to be done by this Act.'] And he it further enacted, that it shall and may he lawful to and for the said inspectors from time to time to enter into any contract or contracts with any person, company or companies whatsoever, for lighting the same streets, roads, and other places, or any of them, or any part thereof, either with oil or with gas, or with any other material or in any other manner whatsoever, or for furnishing lamps, lamp-irons, lamp-posts, watch-boxes, posts, chains, pales, rails, and other things necessary for the purposes aforesaid, or any materials for the same, which contract or con- tracts shall specify the several works to be done and the prices to be paid for the same, and the time or times when the works shall be completed, and the penalties to be suffered in cases of non-performance thereof, and shall be signed by two or more of the said inspectors, and also by the person or persons contracting to perform such works respectively, which contract or contracts, or a copy or copies thereof, shall be entered in a book to be kept for that purpose ; but no contract above the value or sum of twenty pounds shall be entered into unless previous to the making of any such contract fourteen days' notice shall be given in one or more of the public newspapers published in the county in which the said parish shall be situate, expressing the intention of entering into such contract, in order that any person or persons wUling to undertake the same may make proposals for that purpose. 8 £« 4 Will, i, c. 90. cclxxix to be offered and presented to the said inspectors at a certain time and place in sucli notice to be mentioned ; provided always, that if the said inspectors shall be of opinion that it will not be advantageous to contract with the person or persons offering the lowest price, it shall be lawful for the said inspectors to contract with such other person or persons as they shall think proper. LVIII. Inspectors may sue for IreacTi of contract; or niay compound wiiji contractor.'] And be it further enacted, that in case the same shall not be well and sufficiently performed, according to the terms, intent, and meaning of such contract or contracts, or shall not be finished or completed at or within the time or times specified in such contract or contracts then the said inspectors may cause an action to be brought in any of His Majesty's com-ts of law at Westminster against any such contractor for any penalty contained in his contract ; and on proof of his signing the said contract or contracts, or (a) non-performance thereof at the time or times for that purpose to be therein mentioned, the said inspectors shall be entitled to and recover the full penalty contained in any such contract, which, when recovered, shall be applied for the purposes of this Act : provided always, that it shall be lawful for the said inspectors (if they think fit) to compound and agree with any contractor for any penalty incurred by him for the breach or non- performance of any such contract, for such sum of money as the said inspectors shall think proper, not being less than the injury or damage sustained by the breach or non-performance of such contract, and all costs, charges, and expenses which shall be ' occasioned thereby ; and it shall be lawful for the said inspectors to cancel or make void any contract with any person or persons whomsoever, by mutual consent, if they shall think proper. LIX. Inspectors may purchase or rent ground or luildings for fhepwr- poses of this Act.] And be it further enacted, that the said inspectors may and they are hereby authorized and empowered to treat with the owner or owners and occupier or occupiers of any houses, buildings, lands, and grounds for the purposes of this Act, for such sum or sums of money, or yearly rent, or for such time, as to them shall appear reasonable (which sum or sums of money and yearly rent shall he respectively paid out of the monies to arise by virtue of this Act), in such place or places as they may think proper. LX Property of lamps, ^c, vested in the inspectors.] And be it further enacted, that the property of and in aU lamps, lamp-irons, lamp-posts, watch-houses, watch-boxes, posts, chains, pales, and rails m, about or belonging to the said streets and places within any parish or part of a parish adopting the provisions of this Act, or any of them, and of and in aU the iron timber, stone, bricks, and other materials and furniture and thmgs ot, in. and belonging thereto (except when the same shall be otherwise regu- lated by contract with the said inspectors), shall be and the same are hereby vested in the said inspectors, and may be sold and disposed of from time to time as they shaU think proper; and the money arismg from such sale or sales shall be applied towards the purposes of this Act; and the said mspectors are hereby authorized and empowered to bring or cause to be brought any action or actions in such name or names and in manner as herem is pro- vided, or to prefer or order and direct the preferrmg of any bill or bills of (o) Qtusre, "and." cclxxx Appendix. indictmetit, against any person or persons who shall steal, tate, or carry away (as the case may be) all or any part of such lamp-irons, lamp-posts, watch-houses, watch-boxes, iron, timber, and stone, bricks, furniture, posts, chains, pales, rails, or other materials and things as aforesaid ; and in all such actions or bills of indictment it shall be and be deemed and taken to he sufficient to state generally that the article or articles, thing or things, for or on account of which such action or actions shall be brought, or such bill or bills of indictment preferred, is or are the property of the inspectors, without particularly stating or specifying the name or names of all or any of the said inspectors. LXI. Inspectors of adjoinim/ parishes may unite. LXII. Worms of Information and, Conviction.'] And for the more easy prosecution and conviction of offenders against this Act, be it further enacted, that all and every justices and justice of the peace before whom any person or persons shall be convicted or prosecuted for any offence against this Act shall and may cause the information and conviction respectively to be drawn in the form following, or in other words to the same effect that is to say) : — Form of Information. County of) Be it remembered, that on the day of A. B. of — > informeth of His Majesty's justice [or justices] of the to wit ) peace for the said ■ of that of in the ■ of' \here describe the offence, with the time and place, and follow the Act as near as may he], contrary to the provisions of an Act made in the year of the reign of King William the Fourth, intituled [insert the title of this Act], which hath imposed a forfeiture of for the said offence. Taken the day of before Form of Conviction. County of") Be it remembered, that on the day of in the \ year of the reign of — — and in the year of our Lord to wit. J A. B. is convicted before of His Majesty's justice [or justices] of the peace for the said for [here specify the offence, and when and where committed], contrary to the form of the statute made in the year of the reign of King William the Fourth, intituled [here set forth the title of this Act] ; and do hereby declare and adjudge that the said hath forfeited for the said offence the sum of [or shall be committed to for the space of as the case may be]. Given under hand and seal, the day and year first above written. LXIII. Becovery and application of penalties.] And be it further enacted, that all fines, penalties, and forfeitures inflicted or imposed by this Act, or by virtue of any rule or order made in pursuance hereof (the mode of recovery whereof is not herein otherwise provided for), may, in case of non-payment thereof, be recovered in a summary way, by order and adjudi- cation of any two justices of the peace, on complaint to them for that purpose exhibited, and afterwards be levied, as well as the costs (if any) of such proceedings, on non-payment, by distress and sale of the goods and chattels of the offender or respective oflfendera, or person or persons liable SSi Will. 4 c. 90. cclxxxi to pay the same, by warrant under the hands and seals of such justices, who are herehy authorized and required to summon and examine any witness upon oath or affirmation of and concerning such offences, matters, and things, and to hear and determine the same ; and the overplus (if any) of the money raised or recovered, after discharging the fine, penalty, or forfeiture for which such warrant shall he issued, and the costs and ex- penses of recovering and levying the same (if any such there he), shall he rendered to the owner or owners of the goods and chattels so seized and distrained ; all which penalties, not herein directed to he otherwise applied, shall be paid to the said inspectors or their treasurer, to be applied for such purposes of this Act as the said inspectors shall order and direct, except in all such cases where the penalty or forfeiture shall be incurred by the said inspectors, and then the same shall be paid to the informer ; and it shall he lawful for the said justices to order the offender or offenders so convicted to be detained in safe custody until return can be conveniently made to such warrant or warrants of distress, unless the said offender or offenders shall give sufficient security, to the satisfaction of such justices, for his, her, or their appearance before the said justices on such day or days as shall be appointed for the return of such warrant or warrants of distress, such day or days not being more than seven days from the time of taking such security, and which security the said justices are hereby empowered to take by way of recognizance or otherwise ; but if upon the return of such warrant or warrants it shall appear that no sufficient distress can be had whereupon to levy the said penalty or penalties, and such costs as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the satisfac- tion of any such justices, upon the confession of the offender or offenders, or otherwise, that he, she, or they have or hath not sufficient goods and chattels whereupon such penalties, forfeitures, costs, and expenses can be levied if a warrant of distress were issued, such justices shall not be required to issue such warrant of distress, and thereupon it shall be lawful for such justices, and they are hereby required and empowered, by warrant or warrants under their hands and seals, to commit such offender or offenders , to the common gaol or house of correction in the said county or place in which the said parish shall be situate, there to be kept, with or without hard labour, without bail or mainprize, for any time not exceeding six calendar months, or until such offender or offenders shall have paid such penalty or penalties, and all costs and charges attending such proceedings as aforesaid, to be ascertained by such justices, or shall otherwise be dis- charged by due course of law. LXrV. Inspectors exempt from personal liability.'] Provided always, and be it further enacted, that nothing herein contained shall be deemed, construed, or fallen to extend to render the said inspectors personally, or any of their goods and chattels (other than such as may be invested in them in pursuance of this Act), liable to the payment of any sumor sums of money as or by way of compensation or satisfaction in the cases m which such compensation or, satisfaction is herein directed to be made by the said inspectors. LXV. Inhabitants may he witnesses. LXVT Appeal to the general or qnarier sessions against order ofin- vectors, *c.l Provided also, and be it further enacted, that if any person or persons shall find himself, herself, or themselves aggrieved by any order, direction, or appointment of the said inspectors, or any order or conviction eclxxxii Appendix. of one or more justice or justices of the peace, it shall be lawful for such person or persons to appeal to any general or quarter sessions of the peace to be held in and for the county, city, riding, borough, town, shire, division, liberty, or place in which the parish shall be situate, within four calendar months next after the cause of complaint shall have arisen, or if such sessions Bhall be held before the expiration of one calendar month, then such appeal shaU he made to the secondly succeeding sessions, either of which court of sessions is hereby empowered to hear and finally determine the matter of the said appeal, and to make such order therein as to them shall seem meet, which order shall be final and conclusive to and upon all parties ; provided that the person or persons so appealing shall give or cause to be given at least fourteen days' notice in writing of his, her, or their intention of appeal- ing as aforesaid, and of the matter or cause thereof, to the said inspectors, or other the respondent or respondents, and within five days after such notice shall enter into a recognizance before some justice of the peace, with sufficient securities, conditioned to try such appeal at the then next general sessions or quarter sessions of the peace, which shall first happen, and to abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions or any adjournment thereof: and such justices, upon hearing and finally determining such matter of appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper ; and their deter- mination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever. LXVII. Appeals against rate to be subject to same rules as appeals against poor rates, LXVIII. Flaintiff not to recover in amy action after tender of sufficient LXIX. Ziimitation of actions, LXX. Proceedings not to be imlamfulfor want of form. LXXI. Parishes may adopt only pa/rts of Act. LXXII. limiting the powers of the Act."] And be it, further enacted that nothing in this Act contained shall be construed to extend to abridge repeal, alter, amend, or interfere with the powers and provisions contained in an Act made and passed in the tenth year of the' reign of His late Majesty George the Fourth, intituled An Act for improving the police in and nea/r the metropolis (a), or to extend to any parish or place already regulated by or under the provisions of any Act of parliament for all the purposes hereinbefore provided for. Or to interfere with the powers which any corporate body may have with respect to watching and lighting. LXXIII. Farts of parishes may adopt the provisions of this Act ; bat not to interfere with any local Act. LXXIV. Surveyor of commissioners of sewers may enter into gas works, to see if there be any escape of gas, S[c. LXXV. Not to affect the rights of the commissioners of sewers. (a) 10 Geo. 4, c. 14. 1 7ict. c. 45. cckxxiii LXXVI. Nor to affect the universities. LXXVII. Construction of Act.'] And be it further enacted, that th« powers given to watch and light any parish shall he understood to be given to any wapentake, division, city, borough, Uherty, township, market town, tranehise, hamlet, tithing, precinct, and chapelry, or parts within the same ; and that where the word " parish " is used it shall he understood to extend to any parts withm the same; and that the powers given to a church- warden shaU be understood to be given to any chapelwarden, overseer, or other person usually calling any meeting on parochial business ; and that the words "justice of the peace" shall be understood to mean justices of the peace for the county, city, borough, town, division, riding, shire, liberty, or place in which the parish which may adopt the provision of this Act shall be situate; and the word "ratepayer" to include all persons assessed to and paying rates for the relief of the poor. 1 Vict. Cap. XLV. An Act to alter the mode of giving Notices for the holding of Vestries, of making Proclamations in cases of Outlawry, and of giving Notices on Sundays with respect to various matters. [12th July, 1837.] So nrncTi of the first-recited Act (J) as directs publication of notices repealed. — Notices not to be given in chwrcTies dwing divine service, ^c] Whereas by an Act of parliament passed in the fifty-eighth year of the reign of His Majesty King George the Third, intituled An Act for the regulation of parish vestries (6), it is enacted, that no vestry or meeting of the inhabitants in vestry of or for any parish shall be holden until public notice shall have been given of such vestry, and of the place and hour of holding the same, and the special purpose thereof, three days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after divine service, and by affixing the same, fairly written or printed, on the principal door of such church or chapel : and whereas by an Act passed in the thirty-first year of Queen Elizabeth (c) it is enacted, that before any outlawry shall be had and pronounced proclamation shall be made at the door of the church or chapel of the town or parish where the defendant shall he dwelling immediately after divine service on a Sunday : and whereas by divers Acts relative to the assessing and collecting of high- way and poor rates and land tax, and other matters, it is directed or required that public notice shall be given with reference to certain pro- ceedings relating thereto respectively in the parish churches or chapels during divine service : and whereas by ancient custom notice is usually given in churches during divine service of the times appointed for holding courts leet, courts baron, and customary courts : and whereas it is expe- dient that such mode of giving notices should be altered : be it therefore enacted, &c., that from and after the passing of this Act, so much of the said first- recited Act as directs the publication of such notices to be made in the parish church or chapel on some Sunday during or immediately after divine service (6) 68 Geo. 3, 0. 69. (c) 31 Bli2. C. 3. cclxxxiv Appendix. shall be and the same is hereby repealed ; and that from and after the first day of January next no proclamation or other public notice for a vestry meeting or any other matter shall be made or given in any church or chapel during or after divine service, or at the door of any church or chapel at the conclusion of divine service. II. Notices heretofore usually ffiven ckmng or after divine service, S(e., to lie affixed to the chwch doors. 3&4VI0T.CAP. XLVII. An Act to repeal so much of an Act of the ninth year of the reign of Her late Majesty Queen Anne as prevents the re-election of Mayors of Parlia- mentary Boroughs and other annual Returning Officers. [4th August, 1840.] 9 Anne, c. 20, *. 8 (a), repealed.^ Whereas by an Act passed in the ninth year of the reign of Her late Majesty Queen Anne, intituled An Act for rendering the proceedings ufon writs of mandamus and informations in the nature lyf a quo warranto more speedy and effectual, and for the more easy trying and determining the rights of offices and franchises in corporations and boroughs, after reciting that " in divers counties, boroughs, towns corporate, and Cinque Ports, where the mayor, bailiff, or other officer or officers to whom it belonged to preside at the election and make return of any member to serve in parliament ought to be annually elected, the same person had been re-elected into such office for several years successively, which had been found inconvenient," it was enacted, " that no person or persons who had been or should be in such annual office for one whole year should be capable to be chosen into the same office for the year immediately ensuing : and that where any such annual officer or officers should he to continue for a year, and until some other person or persons should be chosen and sworn into such office, if any such officer or officers should voluntarily and unlawfully obstruct and prevent the choosing another person or persons to succeed into such office at the time appointed for making another choice, he or they shall forfeit one hundred pounds for every such offence, to be recovered, with costs of suit, by such person as would sue for the same in any of Her Majesty's courts of record before mentioned, by action of debt, bUl, plaint, or information, wherein no essoign, protection, or wager of law should be allowed, nor any more than one imparlance; one moiety thereof to Her Majesty, her heiis and successors, and the other moiety to him or them that would sue for the same :" and whereas such provision has now become unnecessary and inexpedient ; be it therefore enacted, &c., that so much of the said Act of the ninth year of the reign of Her late Majesty Queen Anne as is hereinbefore recited shall be and the same is hereby repealed. II. JSlection of the returning officers re-elected not to he questioned under the above provision.^ And be it enacted, that no person who shall before (a) Vide ante, p. oolxvl, 6S7 Vict. c. 67. cckxxv the passing of this Act have been re-elected into any office by virtue of which it belongs to him to preside at any election, or make return of any member to serve in parUament, shall be deemed to have been incapable of being chosen into such office, or to be liable to have his right to exercise such office questioned, by reason of so much of the said recited Act as is hereby repealed. 6 & 7 Vict. Cap. LXVII. An Act to enable parties to sue out and prosecute writs of error in certain cases upon the proceedings on -ivrits of Mandamus. [22nd August, 1843.] Whereas writs of mandamus are issued by Her Majesty's Court of Queen's Bench and the courts of the counties palatine, and the ap- plication for the same must now be made in those courts respectively alone: and whereas writs of mandamus are frequently awarded, and often in cases of considerable importance, and the practice of issuing such writs hath of late very much increased : and whereas it is expe- dient that parties interested in the issuing of or in the proceedings upon such writs respectively shall be enabled in certain cases to have the judgments and decisions of the said Court of Queen's Bench and courts of the counties palatine respectively, in respect of the said writs and of the proceedings thereon, reviewed by a court of error, if they shall so think fit, and that a certain mode of effecting the same shall be ordained and established : and whereas by a certain Act made and passed in the ninth year of the reign of Queen Anne, intituled An Act for rendering tie pro- ceedings upon writs q/* mandamus and informations in the nature of a quo warranto more speedy and effectual, and for the more easy trying and deter- mining the rights of offices and franchises in corporations and boroughs (5), it was enacted, amongst other things, that in certain cases therein men- tioned, when a writ of mandamms should issue and a return should be made thereunto, it should be lawful for the person suing or prosecuting such writ to plead to or traverse all or any of the material facts contained within the said return to which the person making such return should reply, take issue, or demur, and such further proceeding in such manner should be had therein for the determination thereof as might have been had if the person suing such writ had brought his action on the case for a false return : and whereas by an Act passed in the first year of the reign of the late King William the Fourth (c), the said provision hereinbefore mentioned of the said herein first-recited Act was extended to writs of mandamms in all other cases, and to the proceedings thereon : and whereas in neither of the said recited Acts, or in any other Act, is any power or authority given to the person prosecuting such writ of mandamus to demur to the return made to any such writ, so that the decision of the said courts respectively as to the validity of such return could be reviewed by a court of error ; for remedy whereof, therefore, be it enacted, &c. In order to object to a return to a mandamus the prosecutor mmst denmr. — Proceedings thereupon, (6) 9 Anne, o. 20, ante, p. colxv. (c) 1 Will, i, c. 21, ante, p. cclxxii. cclxxxvi Appendix. II. Writ of error apon the judgment. III. I'erempton/ writ of mandamua. IV. Court of error may make rules. 13 & 14 Vict. Cap. CV. An Act for facilitating the Union of Liberties with the Counties in which they are situate. [14th August, 1750.] X. 'Borov.ghs mtTim Uherties.'] Provided, that where any borough cor- porate or other corporate place, or any part thereof, is situate within any liberty united with any county under this Act, such borough or place, ot part thereof, as aforesaid, from the time of such union (save as othervrise directed by the order of union) shall be deemed to be within and part of such county for all purposes for which before such union it was within and part of such liberty ; and such borough or place, or part thereof, and such county respectively, in relation to each other and the inhabitants and others in respect thereof, shall have and be subject to the like rights, privileges, liabilities, and jurisdiction which such borough or place, or part thereof, and such liberty respectively, had and where subject to before such union, and, save as aforesaid, no borough or other corporate place, named in either of the schedules to 5 & 6 WiU. 4, c. 76 (a), or to which the provisions of that Act have been extended by charter or Act of parliament, shall be subject to the provisions of this Act. 15 & 16 Vict. Cap. LXXXI. An Act to consolidate and amend the Statutes relating to the Assessment and Collection of County Bates in England and Wales. [30th June, 1852.] XXXII. The overseers of parishes situated partly within lorovghs and partly without to collect the county rates leviable on the part of the parish not comprised within the lorough."] That where any parish or place sepa- rately maintaining its own poor shall be divided, so that a part is com- prised in a borough not subject to contribute to the county rate, while the part out of the borough is liable to contribute thereto, and any county rate shall be assessable upon the part of the parish or place which is comprised within the county and excluded from the borough, the overseers of such parish or place shall, on receipt of any precept or other lawful demand from the justices of the county or other due authority in that behalf, demanding (a) Ante, pp. Ux— Ixix. 15 S 16 Vict. c. 81. cckxxvii the payment of any sum of money as the contribution of the part of such parish or place out of the borough towards any such rate as aforesaid, with all convenient speed assess the sum so required upon the persons liable within such part of the parish or place to pay the poor rate therein, by means of a separate rate, to be made, allowed, and published in like manner as the poor rate, and either by themselres or by the collector of poor rates for the time being appointed for the said parish or place shall collect the same separately or with the poor rate payable by the parties assessed thereto, and for the purposes of assessing and collecting the same shall have all such powers, authorities, privileges, protections, and incidents as belong to them in the assessing and collection of the poor rate, and aU pro- visions of the law for enforcing the collection of the poor rate, and recover- ing the costs of the proceedings therein, shall be applicable to the collection of the rate or rates herein last above mentioned and provided for. XXXIII. Appeal against the rate, and audit of tlie accounts.'] That any person assessed to any rate made under the authority of the provisions last hereinbefore contained may appeal against the same, in like manner, and with the like consequences in all respects, and subject to the same pro- visions and regulations as in appeals against the poor rate ; and that every overseer and collector shall account for the money levied, collected, and expended under the authority of this Act to the auditor of the district comprising sucb parish or place, in like manner/ as for the poor rate, and if any balance be found to be in his hands shall apply the same towards the next county rate required for the like purpose of this Act, or shall pay the same to his successor in office ; and in default of his so applying the same while in ofB.ce, or making payment to his successor within seven days after the balance sball have been found, such auditor shall proceed to recover the same from the person holding the same, in like manner as sums certified by him to be due from persons accounting shall from time to time be reco- verable, and he shall be paid his costs and expenses, when not recovered from the defendant, by the then overseers of the parish or place, who shall be reimbursed out of the balance of such rate, or, if need be, out of the next rate. XXXVIII. Mode of enforcing repayment iy horowgTt treasurers of money expended hy counties out of the county rates as provided by 5 ^ 6 Will. 4, V. 76, ss. 114 and 117 (S).] Whereas by an Act passed in the fifth and sixth years of the reign of His late Majesty King William the Fourth, intituled An Act to provide for the regulation of municipal corporations in England and Wales, it is thereby enacted that the treasurer of every county in England and Wales should keep an account of aU costs arising out of the prosecution, maintenance, and punishment, 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 should be holden, and like- wise of all sums received in aid or on account of the county rate, and ex- pended out of the county rate for other purposes than the costs before mentioned, and should, not more than twice in every year, send a copy of the said accounts to the council of every such borough, and should make orders on the council of every such borough for the payment of the sums chargeable upon the same, and the council of such borough should forthwith (6) ilnte, pp. xlviii, xlix. cclxxxviii Appendix. 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 : and whereas it is expedient to provide, as near as may be, one uniform remedy to recover county rates, and the orders of the county treasurer upon the councils of boroughs from the guardians or overseers and councils of boroughs respectively, when the same are not paid within a time limited : be it therefore enacted, that it shall and may be lawful for any two iusticea of the peace for the county, upon the complaint or information of the trea- surer of the same county to be made or taken one calendar mouth after the issue of any order or orders upon the council of any borough by the same county treasurer, to cause to be issued and sent to the treasurer of any such borough a warrant ordering such borough treasurer to pay to the treasurer of the same county, over and besides the sum or sums mentioned in the first- named order or orders, the additional sums named in such warrant, the same being calculated in the proportion of one shilling to every ten on the respective sums named in the said original' order or orders : and until pay- ment thereof the county treasurer shall have in respect of such warrants, all the powers for the recovery thereof, as are given against any guardian or overseer for the recovery of county rates and surcharges under and by virtue of this Act : provided always, that nothing in this Act contained shall extend to render any such borough, or any property situated therein, liable to be assessed or to contribute to county rate, save as in the said recited Act is mentioned and contained, and as hereinbefore expressly provided. LI. The Act extended to all places having separate commission of the peace and to all rates of the nature of eoimty rafes.^ In the construc- tion of this Act the word " county " shall mean and include any riding or division hainng a separate commission of the peace, or separate county treasurer, and any liberty, franchise, or other place in which rates in the nature of county rates may be levied having a separate commission of the peace, and not subject to the jurisdiction of the county of counties at large in which such liberty, franchise, or place may lie, nor contributing or paying to the county rates made for such county or counties at large ; and that the words " county rate " shall mean and include every rate or tax assessed in any county or any division of a county as aforesaid for all or any of the purposes to which county rate or stock is or may hereafter be made liable. 11 & 18 Vict. Cap. LXXI. An Act to amend the law concerning the making of Borough Rates in Boroughs not within the Municipal Corporation Acts. [31st July, 1854.] Whereas by an Act of the fifteenth and sixteenth years of the reign of Her Majesty Queen Victoria, intituled An Act to consolidate and amend the statutes relating to the assessment and collection of county rates in JSngland and Wales (a), it was, among other things, provided (o) 16 & 16 Yiot. c. 81, s. 2. 17 (6 18 Vict. c. 71. cclxxxix vided, that from and after the passing of the said Act it should be lawful for the justices of the peace in any county in England and Wales, in general or quarter sessions assembled, to appoint any number of justices, not exceeding eleven in number nor less than fiye, to be a committee for the purpose of preparing a basis or standard for the assessing of county rates, and that it should be lawfiU for the justices of the peace assembled at their general or quarter sessions to order and direct a fair and equal county rate to he made according to the basis or standard for the time being in force; and whereas there are divers boroughs not being within the provisions of the Municipal Corporation Acts in which borough rates in the nature of county rates have heretofore been made under the various Acts repealed by the said Act of the fifteenth and sixteenth of Her Majesty (i), and which boroughs have not as many as five justices of the peace : and whereas doubts have arisen whether since the passing of the said Act of the fifteenth and sixteenth of Her Majesty a rate in the nature of a county rate can be made in such boroughs by reason of the want of a sufficient number of justices : and whereas it is expedient to remove such doubts, as also to amend the law in respect to the making of such rates in the said boroughs : be it therefore enacted, &c. I. Justices in 'boroughs not within provisions of Municipal Corporations A.ct may maTce iorough rates. — As to appeals.~] From and after the passing of this Act it shall and may be lawful for the justices of the peace in any borough not being within the provisions of the Municipal Corporation Act, and not being liable to contribute to any county rate, from time to time to make and levy within their borough a borough rate in the nature of a county rate for defraying any expenses incurred before the passing of this Act, and which may hereafter be incurred for all or any of the purposes defined in the Municipal Corporations Act, 1835 (c), as purposes for which a borough rate may be levied; and for that purpose the justices of such borough and all persons acting under their authority shall, within their borough, have all the powers and protection which were given to justices of the peace by virtue of the Act made in the fifty -fifth year of the reign of His late Majesty King George the Thu-d (d) in the said Municipal Corporations Act mentioned, and all powers given to town counftils by any Acts since passed concerning the making and levying of borough rates in boroughs being within the MunicipalCorporations Act, 1835 (c), or as near thereto as the nature of the case will admit : provided always, that such borough justices shall not be empowered to hear or determine any appeal against any such rate ; and if any person shall think himself aggrieved by any such rate, it shall be lawful for him to appeal to the recorder of the borough in which such rate has been made, or in case there shall be no recorder within such borough then to the justices at the next court of quarter sessions for the county within which such borough is situate, or whereunto it is adjacent, and such recorder or justices respectively shall have power to hear and determine such appeal, and to award relief in the premises as in the case of an appeal against any comity rate ; and all sums of money levied in pursuance of such borough rate shall be paid over to the treasurer of the borough for the time being, and be appUed by him for the purposes for which the same are applicable as hereinbefore mentioned. (6) Viz., 12 Geo. 2, c. 29 ; 13 Geo. 2, c. 18 ; 37 Geo. 3, c.65 ; 55 Geo. 3, c. 51 ; 66 Geo. 3 C. 49 • 67 Geo. 3, c. 9i ; 1 & 2 Geo. 4, C. 85. (c) 6 & 6 Win. 4, c. 76, ante, p. iv. (.d) Cap. 51. See 5 & 6 Will. 4, c. 76, 6. 92. Appendix. 17 & 18 Vict. Cap. 12S. An Act for the further amendment of the process, practice, and mode of pleading in and enlarging the jurisdiction of the Superior Courts of Common Law at "Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham. [12th August, 1854] LXXVI. Proceedings fcyr prerogative writ of mandamus accelerated.'] Upon application by motion for any writ of mandamus in the Court of Queen's Bench, the rule may in all cases be absolute in the iirst instance, if the court shall think fit ; and the writ may bear teste on the day of its issuing, and may be made returnable forthwith, whether in term or in vacation, but time may be allowed to return it, by the court or a judge, either with or without terms. LXXVII. Proceedings on prerogative writ of mandamus.] The iffo- visions of " The Common Law Procedure Act, 1852 (a)," and of this Act, so far as they are applicable, shall apply to the pleadings and proceedings upon a prerogative writ oi manda^ivus issued by the Court of Queen's Bench. 30 & 31 Vict., Cap. 62. An Act to abolish a certain declaration, commonly called the declaration against Transubstantiation, the Invocation of the Saints, and the Sacrifice of the Mass, as practised in the Church of Mome; and to render it unnecessary to take, make, or subscribe the same as a qualifica- tion for tlie exercise or enjoyment of any civil office, franchise, or right. [25th July, 1867.] Whereas by various Acts a certain declaration, commonly called the declaration agaiiist transubstantiation and the invocation of saints, and the sacrifice of the mass, as practised in the Church of Mome, and which declaration is more fully set forth in the schedule to this Act annexed, is required to be talcen, made, and subscribed by the subjects of Her Majesty for the enjoyment of certain civil offices, franchises, and rights : And whereas it is expedient to alter the law in that respect, and to abolish the said declaration : Be it enacted, &c. 1. Hepeal of all provisions in recited Acts requiring said declaration to he taken as qualification for office.'] Prom and after the passing of this Act all such parts of the said Acts as require the said declaration to be taken, made, or subscribed by any of Her Majesty's subjects as a qualifica- tion for the exercise or enjoyment of any civil office, franchise, or right shall be and the same are hereby repealed, and it shall not be obligatory for (o) 15 & 16 Tict. c. 76. 31 d- 32 Vict. c. 125. ccxci any person hereafter to take, make, or subscribe the said declaration as a qualification for the exercise or enjoyment of any civil office, franchise, or right within the realm. 2. KotMng in, this Act to enalle Soman Catholics to hold offices other than those they are now entitled to hold.'] Nothing in this Act contained shall be construed to enable any person professing the Eoman Catholic religion to exercise or enjoy any civil ofBce, franchise, or right for the exercise or enjoyment of which the taking, making, or subscribing the declaration by this Act abolished is now by law a necessary qualification, or any other civil office, franchise, or right from which he is now by law excluded.. SCHEDULE. Declaration used in JSngland against transjihstantiation, the invocation of saints^ and the sacrifice ofth-e mass, prescribed hy 30 Car. 11., c-. 1. 31 & 32 Vict. Cap. CXXV. An Act for amending the Laws relating to Election Petitions, and pro- viding more eflectually for the Prevention of Corrupt Practices at Parliamentary Elections. [31st July, 1868.] 3. Interpretation of terms.} The following terms shaU in this Act have the meanings hereinafter assigned to them, unless there is something in the context repugnant to such construction (that is to say) ; — " Borough" shall mean any borough, university, city, place, or combina- tion of places, not being a county as hereinbefore defined, returning a member or members to serve in parliament. ****** " Corrupt practices," or " corrupt practice," shall mean bribery, treating and undue influence, or any of such offences, as defined by Act of parlia- ment, or recognized by the common law of parliament. ****** 43. Funishment of candidate guilty of bribery.'] Where it is found by the report of the judge upon an election petition under this Act, that bribery has been committed by or with the knowledge and consent of any candidate at an election, such candidate shall be deemed to have been personally guilty of bribery at such election, and his election, if he has been elected shaU be void, and he shaU be incapable of being elected to and of sitting in the House of Commons duriug the seven years next after the date of his being found guilty; and he shall further be incapable durmg the said period of seven years : — , j^. . i i- • iv (1). Of being registered as a voter and voting at any election m the United Kingdom; and ccxeii Appendix. (2). Of holding any office under the Act of the session of the fifth and sixth years of the reign of His Majesty King William the Fourth, chapter se¥enty-six, or of the sessions of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, or any municipal office ; and (3). Of holding any judicial office, and of being appointed and of acting as a justice of the peace. 44. Penalty for employing corrwpt agent.'] If on the trial of any election petition under this Act any candidate is proved to have personally engaged at the election to which such petition relates as a canvasser or agent for the management of the election, any person knowing that such person has within seven years previous to such engagement been found guilty of any corrupt practice by any competent legal tribunal, or been reported guilty of any corrupt practice by a committee of the House of Commons, or by the report of the judge upon an election petition under this Act, or by the report of commissioners appointed in pursuance of the Act of the session of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter fifty-seven, the election of such candidate shall be void. 45. Disqualification of persons found guilty of iribery.] Any person other than a candidate, found guilty of bribery in any proceeding in which after notice of the charge he has had an opportunity of being heard, shall, during the seven years next after the time at which he is so found guilty, be incapable of being elected to and sitting in parliament ; and also be incapable — (1). Of being registered as a voter and voting at any election in the United Kingdom ; and (2). Of holding any office under the Act of the session of the fifth and sixth years of the reign of His Majesty King William the Fourth, chapter seventy-six, or of the sessions of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, or any municipal office ; and (3). Of holding any judicial office, and of being appointed and of actiijg as a justice of the peace. 38 ce 89 \'lct. c. 40. ecxciii 38 & 39 Vict., Cap. 40. An Act to amend the Law regulating Municipal Elections. [19tli July, 1875.] Be it enacted, &c. _ 1. Frovisions applicdble io municipal elections.'] The following pro- ■visions shall be enacted aud apply to nominations at all municipal elections of councillors, auditors, and assessors after the passing of this Act : 1. Kine days at least before any such election the town clerk shall prepare, sign, and publish a notice in the form No. 1, set forth in the first schedule to this Act, or to the like effect, by causing the' same to be placed on the door of the town hall, and in some con- spicuous parts of the borough or ward for which any such election is to be held. 2. At any such election every candidate shall be nominated in writing ; the -n-riting shaU be subscribed by two enrolled burgesses of such borough or ward as proposer aud seconder, and by eight other enrolled burgesses of such borough or wai'd as assenting to the nomination. Each candidate shall be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination papers as there are vacancies to be filled, but no more. Every person nominated shall be enrolled on the burgess roU of the borough, or a person whose name is inserted in the separate list at the end of the burgess roll, as provided by section three of the Act thirty-two and thirty-three Victoria, chapter fifty-five, and shall be otherwise qualified to be elected. The nomina- tion paper shall state the surname and other names of the persons nominated, with his place of abode and description, and shall be in the form No. 2, set forth in the first schedule to this Act, or to the like effect. And the town clerk shall provide nomination papers, and shall supply any enrolled burgess with as many nomination papers as may be required, aud shall, at the request of any such person, fill up a nomination paper in manner prescribed by this Act. 3. Every nomination paper subscribed as aforesaid shall be delivered by the candidate himself, or his proposer or seconder, to the town clerk, seven days at least before the day of election, and before five o'clock in the afternoon of the last day on which any such nomina- tion paper may by law be delivered; the town clerk shall forthwith send notice of such nomination to each person nominated. The mayor shall attend at the town hall on the day next after the last day for the delivery of nominations to the town clerk between the hours of two and four in. the afternoon, and shall decide on the validity of every objection made to a nomination paper, such objec- tion to be made in writing. The candidate nominated by each nomination paper, and one other person, appointed by or on behalf of the candidate as hereinafter mentioned, and no person other than aforesaid, shall, except for the jrarpose of assisting the mayor, be entitled to attend such proceedings, and each candidate and the person appointed by him shall, during the time appointed for the attendance of the mayor for the purposes of this section, have n 2 cexciv Appendix. respectively power to object to the nomination paper of every person nominated at the same election. The decision of the mayor, which shall he given in writing, shall, if disallowing any objection to a nomination paper, be final, but if allowing the same shall be subject to reversal on petition questioning the election or return. The appointment by or on behalf of candidates of persons as aforesaid shall be made in writing under the hand of the candidate, or, in case he is absent from the United Kingdom, then under the hand of his proposer or seconder, and shall be delivered to the town clerk before five o'clock in the afternoon of the last day on which nomina- tion papers may by law be delivered. The town clerk shall at least four days before the day of election cause the surnames and other names of all persons duly nominated, with their respective places of abode and descriptions, and the names of the persons subscribing their respective nomination papers as proposers and seconders, to be printed and placed on the door of the town hall, and in some conspicuous parts of the borough or ward for which such election is to be held. 4. Section eight of the Act of twenty-second Victoria, chapter thirty- five, so far as the same is now in force, shall apply to nominations of councillors, auditors, and assessors, duly made and allowed under this Act. Section three of the Ballot Act, 1872, shall apply to nomination papers under this Act, and so applied, the word " returning officer " shall be taken to include town clerk in reference to the delivery of such nominatidn papers. 2. Ccmdidates old of United Kingdom ineligihle.'] The nomination of a person who is absent from the United Kingdom shall be void, unless his vn-itten consent given within one month of the day of his nomination before two witnesses be produced at the time of his nomination. 3. Mayor to appoint officers for talcing the poll?\ At any municipal election of councillors, auditors, or assessors, the power and duty of the mayor, under section twenty of the Ballot Act of 1872, to provide every- thing which in the case of a parliamentary election is required to be pro- vided by the returning officer for the purpose of a poll, shall (save as to the appointment of the alderman as returning officer for any ward) extend to the appointment of officers for taking the poll and counting the votes recorded at such election. 4. Amendment of la,w^ The provisions contained in rules 16 and 19 of the first schedule to the Ballot Act, 1872, shall not apply to any such election, but the mayor shall furnish every polling station with such number of compartments in which the voters can mark their votes screened from observation, and furnish each presiding officer with such number of ballot papers, as in the judgment of the mayor shall be necessary for effectually taking the poll at such election in other respects in the manner provided by the Ballot Act, 1872. Wliere more candidates are nominated than there are vacancies to be supplied, the mayor shall at least four days before the day of election, give such public notice as may be required by law of the situation, division, and allotment of polling places for taking the poll at any municipal election, and of the description of pei-sons entitled to vote thereat and at the several polling stations. 38 d 39 Vict. c. 40, coxev 5. Concltmveness of lurgess roll.'] At any imiuielpal election a person shall not be entitled to sign or subscribe any nomination paper, or to vote, unless bis name is on tbe burgess roll for the time being iu force in the borough, or on the ward list for the time being in force for the ward, for which such election shall be held ; and every person whose name is on such burgess roU or ward list, as the case may be, shall be entitled to sign or subscribe any nomination paper, and to demand and receive a ballot paper, and to vote ; provided that nothing in this section shall entitle any person to do any of the acts aforesaid who is prohibited from doing such acts or any of them by law, or relieve such person from any penalties to which he may be liable for doing any such act. 6. One poll to he taken for auditors and assessors.] At the poll at any election of auditors and assessors one ballot paper only slfeU be used by any person voting. In such ballot paper the names of the candidates for the respective ofiices shall be separate, and distinguished so as to show the office for which they are respectively candidates, and the ballot paper shall be in the form No. 3, set forth in the first schedule to this Act or to the like effect, and the provisions of the BaUot Act, 1872, shall at any such election be altered and varied accordingly : provided always, that in count- ing the votes every such ballot paper shall be deemed to be a separate ballot paper in respect of each office, and any objections thereto shall be considered and dealt with accordingly. 7. Withdrawal of candidates.] Where more candidates are nominated at any municipal election than there are vacancies to be filled at such elec- tion, any of such candidates may withdraw from his candidature by notice signed by him and delivered to the town clerk not later than two o'clock in the afternoon of the day next after the last day for the delivery of nomination papers to tbe town clerk ; provided that such notices shall take effect in the order in which they are delivered to the town clerk, and that no such notice shall have effect so as to reduce the number of candidates ultimately standing nominated below the number of the vacancies to be fiUed. 8. Notices hy mayor or town cleric may comprise the several wards of iorough.] Anj notice required by law to be given or published by the mayor or other returning officer or town clerk in connexion with any municipal election may, as to auditors and assessors, be comprised in one notice, and with respect to the election of councillors in any borough divided into wards, may comprise the matter necessary to such notice for the several wards in the borough, and it shall not be necessary to issue a separate notice for each ward. 9. Time of holding election on extraordinary vacancies.] Section eleven of the Act sixteenth and seventeenth Victoria, chapter seventy-nine, shall be read as if fourteen days were therein inserted instead of ten days, and the day for holding the election in the case of any extraordinary vacancy in the office of councillor, auditor, or assessor in any borough (whether such borough shall be divided into wards or not) shall be fixed by the mayor. 10. Fower to town council to divide wards info polling places as they may think ft.] The town council of any borough^may by order divide any such borough or any ward or wards of such borough into polling districts in such manner as they may think most convenient for taking the votes of the ccxcvi Appendix. burgesses at a poll, and the overseers shall, so far as practicable, make out the lists of burgesses in such manner as to divide the names in conformity with such polling districts. 11. Computation of time under the Act.'] In rectoning time for the pur- pose of this Act, Sunday, Christmas Day, Good Friday, and any day set apart. for a public holiday, fast, or public thanksgiving, shall be excluded. 12. Repeal of parts of Acts in Second Schedule.'] The several Acts of parliament mentioned in the second schedule to this Act shall be repealed to the extent specified in the third column of such schedule, but such repeal shall not affect the validity or invalidity of anything already done or suf- fered, or any remedy or proceeding in respect tliereof, or the proof of any past act or thing. 13. Act to ie construed with Municipal Corporation Acts.] This Act shall, as far as consistent with the tenor thereof, be construed as one with the Act fifth and sixth William the Fom-th, chapter seventy-six, and the Acts amending the same, and the Acts for the time being in force relating to elections of councillors, auditors, and assessors in boroughs. 14. Short title.] This Act may for all purposes be cited as "The Municipal Elections Act, 1875." 15. Duration of Act.] This Act shall continue in force for so long only as the Ballot Act, 1872, continues in force. FIEST SCHEDULE. FOBM No. 1. Notice. Borough of . Election of [Councillors, or Auditors, or Assessors, as the case may he] for the [ Ward or several Wards of the] Borough. TaJce Notice, 1. That an election of \_here insert the number of Councillors, Auditors, or Assessors, as the case may le] for the [ Ward or several Wards of the] said Borough will be held on the day of . 2. Candidates must be nominated by writing, subscribed by two enrolled burgesses as proposer or seconder, and by eight other enrolled burgesses as assenting to the nomination. 3. Candidates must be duly qualified for the office to which they are nominated, and the nomination paper must .state the surname and other names of the person nominated, with his place of abode and description, and may be in the following form, or to the like efiect : (Set out Form No. 2.) 38 S 39 FifS, c. 40. CCXCVII 4. Each candidate must he nominated lay a separate nomination paper, but the same Irargesses or any of them may subscribe as many nomination papers as there are vacancies to be filled for the borough [or ward], but no more. _ 5. Every person who forges a nomination paper, or delivers any nomina- tion paper knowing the same to be forged, will be guilty of misdemeanor, and be liable to imprisonment for any term not exceeding six months, with or without hard labour. 6. Nomination papers must be delivered by the candidate himself, or his proposer or seconder, to the town clerk at his ofB.ce before five o'clock in the afternoon of r- day the day of next. 7. The mayor will attend at the town hall on day the day of , from two to four o'clock in the afternoon, to hear and decide objec- tions to nomination papers. 8. Forms of nomination papers may be obtained at the town clerk's office ; and the town clerk will, at the request of any enrolled burgess, fill up a nomination paper. Dated this day of 18—. A. S., Town Clerk. FoEM No. 2. Nomination Faper. Borough of . Election of Councillors, Auditors, or Assessors for Ward in the said Borough [or the said Borough], to be held on the day of 18—. We, the undersigned, being respectively enrolled burgesses, hereby nomi- nate the following person as a candidate at the said election. Surname. Other Names. Abode. Description. (Signed) A.B. of* CD. of* We, the undersigned, being respectively enrolled burgesses, do hereby assent to the nomination of the above person as a candidate at the said ■election. Dated this day of 18—. (Signed) :B.-P. of* I.J. of* K.L. of* M.N. of* O.F. of* Q.S. of* S.T. of* * The number on the Biu-gess Roll of the Biugess snbsoiibing, with the situation of the property in respect of which he is enrolled on the Burgess Roll. ccxcviii ApjoenAix. FoEM No. 3.— Baiiot Papee. Form of Front of Ballot Paper. For Auditors. Counterfoil. No. NOTE; Tlw counterfoil is to liave a number to corres- pond loitli tliat on the hack of the Ballot Paper. CADE. (John Cade, of 22, "WeUclose Place, Accountant.) JOHNSON. (Charles Johnson, of 7, Albion Street, Gentleman.) THOMPSON. (William Thompson, of 14, Queen Street, Silversmith.) For Revising Assessor. 1 BACON. (Charles Bacon, of 29, New Street, Solicitor.) 2 BYRON. (James Byron, of 45, George Street, Commission Agent.) 3 WILSON. (George "Wilson, of 22, Han- over Square, Gentleman.) Form of Sack of Ballot Baper. No. — . Election of Auditors {or Assessors] for the borough of to be held on the day of 18 — . The number on the back of the ballot paper is to correspond with that on the counterfoil. 38 S 39 Vict. c. 40. SECOND SCHEDULE. ccxcix Session and Chapter. 5 & 6 "WUl. 4 u. 76. 22 Vict. c. 35. 32 & 38 Vict. c. 55. 35 & 36 Vict, c. 33. Title of Act. An Act to provide for the regulation of Municipal Corporations in England and Wales. The Municipal Corporation Act, 1859. An Act to shorten the term of residence required as a qualification for the Muni- cipal Franchise, and to make provision for other purposes. The BaUot Act, 1872. Kxtent of Repeal. So much of section 47 as relates to the fixing of the day of election by the alderman. Sections 5, 6, 7, and Sche- dules. Sections 6 and 7. Directions in the Schedule to the Act as to the form of nomination papers at Municipal Elections. The provisions of the statutes relating to the promotion of the public health may be referred to; also those relating to the removal of nuisances (o.) (o) See " Lmnley's Sanitaiy Laws," tliird edition, Shaw and Sons, London (1872). INDEX. ACTION. — See tits. Stni. Paeliambntabt Elections. Teial. Against Justices : venue in, 163. when to te commenced, 163. notice of, 163. how defendant may plead, 163. costs, 163. ADJOURNMENT of revision court, 82. ADMISSION of freemen {see tit. Peebmbn's Roil). no time limited for making claim, 50. stamp duty aholished, in respect of Mrth and servitude, 50. of burgess (see tit. Stamps). ADVOWSON, presentation must he by deed, 12. or right of presentation to benefice, &c., in the gift of cor- poration, to be sold, 26. council to convey to purchaser, 27. proceeds to be invested in Government securities, 27. interest to be paid to borough fund, 27. or to liquidation of certain debts, 27. AGE, full, required to entitle person to he burgess, 55, 56, AGENCY, wheh may he inferred, 84. AGENTS, provisions as to appointment of, by candidates, 221, 235. notice of time and place of counting of votes, to he given by the returning officer to agents, 222. to form of, 222. notice to candidates as to appointment of, form of, 222, 223. form of appointment by candidates of, 223. Index. AG'ENTS—confimted. should be duly authorized to attend at polling stations, &c., 225. dying, 225. or becoming incapable to act, 225. how many may be appointed, 222. AGREEMENT, with corporate officer, not under seal, not Innding, 12. ALDERMEN, number in each borough, 115. election of, 115. when void, 115. how conducted, 116. re-election of, 115. going out of office cannot vote, 115. may vote at election of mayor, 115. so, if elected mayor, 116. qualification, 116. who entitled to vote, 116. qualification for voting, 116. elected by voting papers, 116. not required to be stamped, 116. to make declaration before they act, 116. penalty for not accepting office, 117. to renew declaration if required, once in three years, 117. exemptions from serving office, 117. loses office, when, 117. extraordinary vacancy, how filled up, 117. member of council, during office, 118. to preside at elections, in absence of mayor, 118. to preside at ward elections, 118. penalty for neglect, 118. directions for the guidance of, at, 235. appointment of by council, 248. form of appointment, 248. chapter on the practice of electing aldermen to hold election of councillors, 247. ALIEN, who is, 69. disqualified as burgess, 55. ALIENATION. — See tits. Advotvson. Nomination. Pae- LIAMENTAET ELECTIONS. corporation cannot mortgage or alien lands or grant leases Index, ALIENATION— <;o»<»««e£?. (except building leases) for more than thirty-one years, unless in certain cases, 24. or with sanction of the Ti'easury, 24. preliminaries to obtaining, 24. council may grant renewal of leases in certain instances, 24. Treasury may fix period for repayment of money horrowed on mortgage, 25. may make regulations as to investment of money, &c., 25. Lands Clauses Consolidation Act does not enable Corporation to sell lands without consent of Treasury, 26. with such consent corporation may graut lands for baths and wash-houses, 26. for play-grounds, &o., 26. for libraries and museums, 26. for working men's dwellings, 26. may transfer laud to Secretary for War without consent of Treasury, 26. ALMS, receipt of, disqualifies as burgess, 55. ' what constitutes, 69. relief to family of party, 70. to family of militia man, 72. not to wife living in adultery, 71. nor medical assistance given by charitable trustees, 71. secus, if given by parish, 71. nor loan of money, 72. payment of school fees, 72, AMOTION, from corporate office. — See tit. Bte Laws. in event of bankruptcy or insolvency, 106, 140. for misconduct, 140. power of, incidental to corporation, 140. vested in council (and see tit. Council), 140. for offences relating to corporate character, 140. offences not relating to corporate character, 141. in this class, must be conviction before amotion, 141. offences of a mixed nature, 141. council must be duly convened, 141. party must have notice to appear, 141. notice must state charge, 142. what particularity required, 142. charge must be proved, if not confessed, 142. effect of, 142. ^ does not invalidate former acts, 142. o2 Indexr. AHIOTIOI^!— continued. if officer continues to act may be removed ij qwo warranto, 142. ANSWER, in equity (see tit. Suit). APPEAL, from summary conviction to sessions, 163. written notice to be given to convicting- justices, 162. against orders of removal, 167. against rates, 16S. notice, 168, 169. does not lie, iu case of refusal, to grant publicans' licenses, 169. APPRENTICE.— te tit. FBEEMAif. ASSESSORS, two to be elected in the same manner as councillors, ».e-, by nomination and ballot (see tits. AtruiTOBS, Coun- cillors), 135. to appoint deputy, 136. in case of vacancy, fresh election to take place, 186. to make declaration, 136. penalty for refusing to accept office, 186. exemptions from serving, 136. penalty for acting without being qualified, 136. to assist mayor in revising burgess lists, 137. acts valid notwithstanding want of qualification, 137. cannot be member of council, 137. ASSISTANT BARRISTER, may be appointed by recorder, to preside over second court, when, 170. must be of five years' standing, 170. fees of, 170. may be directed by recorder to adjourn court, when, 170. ASSUMPSIT, will not lie by or against municipal corporation on executory contract, 29, 82. secus on executed contract, 14, 29, 32. where bringing action of by corporation, operates as admis- sion of binding contract, 29, 30. lies for duties, &c., 30. ATTORNEY.— See tit. Bte-Laws. to corporation must be appointed under seal for general pur- poses, 11. Index. XTTOTCN'EY—conUmted. otherwise he cannot recover for business done, 12. may be appointed by record, 12. ■duly authorized, may vote in choice of assignees, 12. ■corporation must appear by, 28. having claims for work done, partly by retainer under seal, and partlj* not, may appropriate payments to latter portion, 32. articles of clerkship to, not apprenticeship, 44. may practise in borough court of record, 178. AUDITORS, two to be elected by burgesses, 135, from persons qualified to be councillors, 135. called elective auditors, 137. member of council not eligible, 135. nor towu-clerk, 135. nor treasurer, 135. election to be conducted in «ame manner as that of coun- cillors {i.e. hj nomination and ballot), 135. only one ballot paper to be used for election of auditors and assessors, 135. mo burgess to vote for more than one auditor (see note), 136. no provision as to re-election, 136. ■when exfcraordhisry vacancy, to be fresh election, 136. to make declaration, 136. penalty for not accepting office, 136. exemptions from serving, 136. penalty for acting without qualification, 137. mayor to name co-auditor, 137. to audit and sign accounts twice a year, 137. acts vaUd, though he may have been disqualified, 137. elective, auditor cannot be member of council, 137. AUDITORS XST) ASSESSORS, notice of election of, 205, one ballot paper only to be used m election of, 211, 212. form of ballot paper in election of, App., p. ccxcviii. BAILIFF, appointment must be by deed, 12. 80, as to authority to enter on land for condition broken, 12. properly appointed may perform incidental acts without special command, 12. a,ppointment to distrain for damage feasant need not be by deed, 13. Index. BALLOT ACT, schedules directory only, 244. BALLOT BOXES, construction of, 214. who to have charge of, at poll, 226. BALLOT PAPERS, provisions as to form, &o., of, 211. for auditors and assessors, 211. form of, at election for auditors and assessors, App., p. ccxcviii. suggestions as to printing, &o., 212. how many to he provided, 212. tendered, may he used by burgesses personated, 213. to he of a different colour from ordinary ballot papers, 213. account, form of, 216. who to decide on objections to, 236. rejection of invalid, 241 et seq. when insufficiently marked, 245. what irregularities will vitiate, 244, 245. BANKRUPT.— See tit. Counoillob. uncertificated, not disqualified from being elected coun- cillor, 106. corporate officer becoming, is disqualified, 106. BILL OP DISCOVERY.— 5ee tit. Suit. BIRTH.— ,See tit. Fkbembn. BOARD OP HEALTH.— ;See tit. Cotocil. BOND. — See tit. Paeliamentaey Eujctions. BOROUGH COURTS OP RECORD.- &e tit. Kecoed, Bo- EOTJffH COTEET OF. BOROUGH FUND.— fee tit. CoTTWCii.. of what it consists, 183. under general control of council, 130. what corporate debts to be paid out of, 183. money borrowed to make such payments, 183. principal cannot be used for such payments, 184. salaries of mayor, recorder, and other officers to be paid out of, 185. other matters, 184, et seq. surplus to be applied to public purposes, 186. instances in promoting or opposing bills in parliament, 186, 187. Index. BOROUGH YWSD—conUnued. in defending corporate rights, &c., 188. instances where expenses cannot be charged on fund, 189. if not sufficient, council may order borough rate to be made (and see tit. BosouaH Bate), 190. BOROUGH GAOL.— S-ee tit. Gaol BOBOUGH BATE, may be ordered by council in case of deficiency of borough fund, 190. to be made in nature of county rate, 190. not to be retrospective, 190. when past expenses may be included,' 191. how to be assessed, 191. to be paid by overseers, 1£ ordered by council out of poor rate, ISl. or made separately, 191. if overseers refuse, may be levied by distress, 191. amount may be levied by distress from persons rated, 192. in places partly within and partly out of borough (and see tit. District Rate), 192. not to be made for larger sum than ordered by council, 193. what amounts to authority to make, 193, appeal against, to sessions, 168, 194. in what cases, 168. notice to town-clerk necessary, 169. must state grounds of appeal, 169. BOUNDARIES, Municipal, 52 ei seq, BEIBEBY, definition of, 104 et seq^. disqualifies from being councillor, 103. BUILDING, occupation of, to entitle person to be burgess, 59. nature of, 59, 60. BUILDING LEASE.— -See tit. Ambitation. BURGESS.-- See tits. Pebemait. IirHABiTANT. qualifications of, 55. age and sex, 55. occupation of premises within borough {see tit. Peemises). residence as inhabitant householder {see tit. EbSIDENCB). rating to poor rates {see tit. BATiNft). payment of rates (*ee tit. Rates). Index. BURGESS— coBi{«m«ed. enrolment (see tits. BUESESS LISTS, BiTEGBSS Eoit, Stamp). disqualifications, 69. alien {see tit. Alien). receipt of parochial relief {see tit. Alsis). to nominate councillors, 89, 91, right of voting for councillors. Tested in, 91. not considered a corporate officer, 200. BURGESS LISTS, overseers of each parish or majority, to make out and sign list, 73, 74 (and see tit. Oteeseees). ■what to contain, 73. town-clerk to have printed, 75 (and see tit. Toww-Ciebk). to be affixed to town hall, 75. who entitled to copy, 75. effijct of non-publication in proper time, 76. parties omitted may claim to have name inserted, 76. particulars of notice of claim, 76. party in list may object to any other party therein, 76. particulars of notice of objection, 77., form of notice, 77. no power to object to claimant, 78. revision of {see tit. Matoe). BURGESS ROLL. — See tits. Bitegess Lists. Mandamus. to be made from burgess lists, 83 (and see tit. Tovra Cleek). where borough divided into wards {see tit. Waed Lists). enrolment on, necessary to confer municipal franchise, 55. no stamp payable upon enrolment, 84. not to be questioned, for want of title in mayor or as- sessors, 85. if new roll invalid, old roll to remain in force, 85. rejected claimant may apply for mandamits, 84. BUTLER to corporation, need not be appointed by deed, 13. BYE-LAWS.— &e tit. Feeeman. power to make, incident to every corporation, 15. must be consistent with law of the land, and the provisions of the charter of incorporation, 15. at common law, might be made by select body, 15. must now be made by the council, 15. when a majority of two-thirds is present, 15, 127- how proved, 127. copy to be forwarded to Secretary of State, 15. copy to be affixed to town hall, 15. Index. BYE-LAWS— co»e brought by or against corporation, 31. when suit against, usual to make some members co-defen- dants, 46. does not abate by death of individual members, 31. criminal prosecution {see tit. PEOSEOtJTioif). criminal information {see tit. Infoemation). action against, must commence by writ of summons, 31. except in ejectment and qaare impedit, 31. if appearance not entered, distringas issues, 31. bill of discovery lies against, 31. unless where facts prayed for, immaterial, 32. answer must be under seal, 32. officer may be compelled to affix, 32. when not entitled to costs, 32. SUMMONS.— See tit. Sttit. to attend extraordinary meetings of council, must be left with every member, 124. mxxst specify business to be transacted, 124. SURGEON, to gaol to be appointed by justices of quarter sessions, 172. TENANCY, from year to year, when admitted by payment of rent, 14. TENANT.— See tit. Joint-Tenancy. in common, corporation may be, together with another cor. poration, or a natural person, 22. TOLLS, when charitable trusts, 129. TOWN-CLERK, to be appointed by council, 127, 143. may be an attorney, 143. but not member of council, 143. or treasurer, 143. or assessor or auditor, 149. to hold ofice during pleasure, 143. Index. TOWS-CLE^K— continued. council may require security from, 143. council to fix salary, 143. may recover money necessarily disbursed, 143. cannot recover other compensation, ] 43. Duties of: to make out list of freemen entitled to vote in parlia- mentary elections, 47. to make oxit fremen's roll (and see tit. Fbebmen's Eoli), 49. to print burgess lists received from overseers, 75, 144 (and see tit. BuEGESs Lists). to deliver copy when required, 75. no penalty for neglect, 76. to cause copy to be published, 75. penalty for neglect, 75. what amounts to, as to publication, 75. to make out and publish lists of claimants and of persons objected to, 78, 145. to publish copies, 79. to allow perusal, 79, to deliver copies, 79. penalty for neglect, 79. at opening of revision court to produce burgess lists, and copy of lists of claimants and of persons objected to, 81. to keep revised burgess lists and separate lists, 84. to make burgess roll from burgess lists, 84. to copy separate lists at end of burgess roU, 84. to make copies of burgess roll and ward lists every year, 84. to deliver same, on payment, to any person applying, 84. to pay proceeds of, and of sale of lists of claims and objec- tions, to treasurer, 85. as to giving notice of elections, 88, 92, 143. as to nominations in election of councillors, auditors, and assessors, 91, 133, 145. under Ballot Act, 93 et seg., 146. to publish notice of election of councillors, &c., 205. to fill up nomination paper, 206. to prosecute persons forging nomination papers, 206. to send notice of nomination paper to candidate, 206. to give notice if candidates duly nominated, 210. to advise on difficulties during the poll, 227. to summon councillors to appoint returning officers, 248. to record proceedings of, 248. form of record, 248. peeping voting papers of election of aldermen, 147. Index, TOWN-CLERK— eoM«M«erf. in boroughs divided into wards, 147. to sign summonses to attend meetings of council (and see tit. StTMMONS), 124, 147. to cause copies of fees to be hung up, 147. to have charge of muniments of borough, 147. has no lien on them, 147. to deliver up books, &c., to council on notice, 147. to deliver accounts when required, 148. in case of neglect may he committed to house of cor- rection, 147, 148. money due may he levied by distress, 148. may act as registrar of court of record, 178. exempt from serving ou county juries, 149. TOWN COVTSCIL.-See tit. CouNCii,. TOWN HALL.— &e tit. Bte-LawS. TREASURER.— ^ee tits. Pine. Pbocebds. Rent. to be appointed by council, 127, 150. cannot he councillor, 150. or town-clerk, 150. or assessor or auditor, 150. to hold office during pleasure, 150. council to fix salary of, 150. council may require security from, 150. Duties of : to receive penalties,-&c., to credit of borough fund, 150. to receive monies from other officers and from sale of ad- vowsons, 151. to pay monies as required by Act, or by written order of council, 151. to keep accounts of all monies received and paid, 151. to submit same to auditors, 151. to print abstract for sale, 151. exempt from serving on county juries, 152. TREASURY, LORDS OP.— See tit. Alienation. TRESPASS, ACTION OP, lies hy municipal corporation, 30. not against, for their own act, 33. seeus for tortious act of authorized agent, 23. TROVER, lies ly municipal corporation, 30. against, for tortious conversion by authorized agent, 33. Index, TRUSTS. — See tit. Chabitable Tbttsts. TBUSTEES FOB LIGHTING, &c.-,Seetit. Cotocil. USAGE, contrary to charter, void, 42. USE AND OCCUPATION, corporation may sue in assumpsit for, 14. VACANCY, EXTEAOEDINARY, in office of councillor, how to be filled up, 94. of auditor or assessor, 134. VESTRT-CLEEK, to attend court for revision of burgess lists, 80. VISITING JUSTICES TO GAOL, may be appointed, with consent, by justices at quarter sessions, 175. rules as to their duties, 175. to report once a quarter at least, to the sessions, 175. VOTERS, directions for the guidance of, 220, App., p. ccxxvii. VOTES.— «ee also tit. Eleotiou. list of, marked by presiding officer, form of, 215. tendered list of, form of, 216. counting of, 236. time of, 236. suggestions as to mode of, 238, 239, 240, 241. when invalid, 244. what irregularities will not vitiate, 245. method of counting, 236. VOTING PAPERS.— -See tit. Ballot. at election of aldermen, to be examined by mayor or chair- man, 116. no stamp required, 116. to be delivered to town-clerk, 116. to be kept among the records, 1 16. misdescription of candidate in, 116. WARD LISTS, to be made out in lieu of burgess roll, where borough divided into wards, 84. expenses of making, 83, n. {Ic). Ifidex. WARDS. — See tit. Cottnciilobs, WAREHOUSE, what constitutes, 59. WATCH COMMITTEE, to be appointed by council, 128, 156. mayor to be member of, 128, 156. three members must be present to make valid meeting, 156. power to appoint and regulate constables (and see tit. Con- stables), 156. may dismiss constable for neglect of duty, 156. may agree with county justices, to consolidate county and borough police establishments, 156. how such agreement to be terminated, 157- may appoint fresh borough constable in lieu of one dis- missed by chief constable, 157. subject to approbation of councU, to fix salaries of consta- bles, 158. and to award rewards and compensations, 158. and to direct payment of other charges and expenses, 158. must originate order as to payments for, 158. to make quarterly reports to Secretary of State as to con- stabulary force, 159. WATCH-RATE, to be levied by councU, 133, 194. not to exceed 8d. in the pound, 133, 194. district rate may be made, when, 194. not to be paid out of poor's rate, 194. to be allowed and published, 194. may be appealed against, 194. may be levied by distress, 194. WEIGHTS AND MEASURES, INSPECTORS OF.— ^ee tit. COTTNCIL. WITNESS, penalty for not appearing to summons, 162. for refusing- to give evidence, 162. WOMAN, unmarried, entitled to he on burgess roll, 55, 56. WRIT.— &e tit. Suit. { London: Shaw & Sons, Fetter Lane. if"-