« EelmineJätka »
- zetubers of the council then assembled shall choose to be the chairman No. V.
pe that meeting, shall have a second or casting vote in all cases of 5 & 6 W. 4, za humility of votes; and minutes of the proceedings of all such meetings
c. 76. fel be drawn up and fairly entered into a book to be kept for that Epose, and shall be signed by the mayor, alderman, or councillor preking at such meeting; and the said minutes shall be open to the section of any burgess at all reasonable times on payment of a fee of E shilling: Provided always, That previous to any meeting of the Notice of meetei held by virtue of this act a notice of the time and place of such ings of council. coded meeting shall be given three clear days at least before such sting, by fixing the said notice on or near the door of the town hall be borough; and such notice shall be signed by the mayor, who I have power to call a meeting of the council as often as he shall
k proper; and in case the mayor shall refuse to call any such meetafter a requisition for that purpose signed by five members of the
teil at the least shall have been presented to him, it shall be lawful is the said five members to call a meeting of the council by giving such atce as is herein-before required in that behalf, such notice to be feed by the said members instead of the mayor, and stating therein « business proposed to be transacted at such meeting; and in every * a summons to attend the council, specifying the business proposed Dhe transacted at such meeting, signed by the town clerk, shall be left the usual place of abode of every member of the council or at the
mises in respect of which he is enrolled a burgess, three clear days last before such meeting; and no business shall be transacted at and neeting other than is specified in the notice: Provided always, Quarterly at there shall be in every borough four quarterly meetings in every meetings of a at which the council shall meet for the transaction of general busi- council. les , and no notice shall need to be given of the business to be trans
on such quarterly days; and the said quarterly meetings shall be piden at noon on the ninth day of November, or if the ninth day of Evember shall fall on a Sunday on the day following, and at such hour such other three days before the first day of November then next
as the council at the quarterly meeting in November shall ride; and the first business transacted at the quarterly meeting in kember shall be the election of mayor. LXX. That it shall be lawful for the council of any borough to appoint Council may
of their own body, from time to time, such and so many committees, appoint comKer of a general or special nature, and consisting
of such number of miltees. ions as they may think fit, for any purposes which, in the discretion such council, would be better regulated and managed by means of Nach committees : Provided always, that the acts of every such comtee shall be submitted to the council for their approval.
LXXI. And whereas divers bodies corporate now stand seised or Charitable pressed of sundry hereditaments and personal estate, in trust, in whole trustees.
part, for certain charitable trusts, and it is expedient that the ministration thereof be kept distinct from that of the public stock and tough fund; be it enacted, That in every borough in which the body Erporate, or any one or more of the members of such body corporate,
his or their corporate capacity, now stands or stand solely, or Kether with any person or persons elected solely by such body cor
rate, or solely by any particular number, class, or description of Lumbers of such body corporate seised or possessed for any estate or terest whatsoever of any hereditaments, or any sums of money, chat* securities for money, or any other personal estate whatsoever, in posle or in part in trust' or for the benefit of any charitable uses or frusts whatsoever, all the estate, right, interest, and title, and all the boxers of such body corporate, or of such member or members of such My corporate, in respect of the said uses and trusts, shall continue in
persons who at the time of the passing of this act are such trustees etice by virtue of which before the passing of this act they were such aforesaid, notwithstanding that they may have ceased to hold any
No. V. trustees, until the first day of day of August one thousand eight hundre 5 & 6 W. 4, and thirty-six, or until parliament shall otherwise order, and sha c. 76.
immediately thereupon utterly cease and determine: Provided alway That if any vacancy shall be occasioned among the charitable trustee for any borough before the said first day of August, it shall be lawfi for the lord high chancellor or lords commissioners of the great seal fi the time being, upon petition, in a summary way, to appoint anoth trustee to supply such vacancy; and every person so appointed trustee as last aforesaid shall be a trustee until the time at which ti person in the room of whom he was chosen would regularly have cease to be a trustee, and he shall then cease to be a trustee : Provided als That if parliament shall not otherwise direct, on or before the said fir day of August one thousand eight hundred and thirty-six, the lord hig chancellor or lords commissioners of the great seal shall make sue orders as he or they shall see fit for the administration, subject to su
charitable uses or trusts as aforesaid, of such trust estates. Council to act LXXII. That the body corporate named in the said schedules (A
and (B.) in conjunction with any borough shall be trustees for executir where corpora- by the council of such borough the powers and provisions of all acts tors were ex parliament made before the passing of this act, (other than acts mat officio sole
for securing charitable uses and trusts,) and of all trusts (other tha trustees.
charitable uses and trusts) of which the said body corporate, or any the members thereof in their corporate capacity, was or were so trustees before the time of the first election of councillors in sut
borough under this act. Council to ap
LXXIII. That in every borough in which the body corporate, or point a limited particular or limited number, class, or description of members of tł number of
body corporate, or of persons appointed by the body corporate, was < councillors to
were before the passing of this act trustees jointly with other truste be joint trustees for the execution of any act of parliament, or of any trust, or in whic for certain pur- the body corporate, or any particular or limited number, class, poses.
description of members or nominees of the body corporate, by an statute, charter, bye-law, or custom was or were before the passing this act lawfully appointed to or exercised any powers, duties, or fun tions whatsoever not otherwise herein provided for, and the continuant of which is not inconsistent with the provisions of this act, the coune of such borough, on the day named in such act as last aforesaid, or i the deed or will by wbich' such trust is created for a new electior nomination, or appointment of trustees, or on which such new election nomination, or appointment has usually been made, (and if there sha be no such day named or usually observed, then on the first day. January in every year,) shall appoint the like number of members of th council, or as near as may be to the like number of members of th council, as there were theretofore members or nominees of such corporat body who in right of their office were such trustees, or charged with th execution of such powers, duties, and functions, in room of the member or nominees of such corporate body ceasing to be trustees, or ceasin to exercise such powers, duties, and functions by virtue of this act, ani in every case of extraordinary vacancy among the trustees or per
so appointed by the council shall forthwith appoint one othe member of the council in the room of the person by whom sucl vacancy has been made, and to hold his trust or office for such tim as the person by whom such vacancy has been made would regularly
have held it. Present trus- LXXIV. That notwithstanding any thing in this act contained, every tees for certain member of any body corporate who in his corporate capacity, and acts continued every nominee of any body corporate, or any particular number, class for a definite
or description of members of such body corporate, who at the time of time. the passing of this act shall be for a definite number of years or other
shorter time a trustee of such acts or trusts as last aforesaid, shall continue to be such trustee until the time when he would have ceased to be such trustee if this act had not passed; and if a trustee for an inde
site time, or for life, or for so long as he shall be a member, or of a No. V. articular class or description of such body corporate, then until the 5 & 6 W. 4, past day of January in the year one thousand eight hundred and thirty1, and no longer and every member of the council appointed under e provisions of this act to be a trustee of such acts or trusts as last sresaid shall continue to be such trustee until the time herein proviet for the new appointment of a member of the council to be trustee
is room, notwithstanding that he may have ceased to be a member the council; and in case any particular member or officer of any of Trustees not to he said bodies corporate shall have been appointed by any such act, or go out of office any such trust deed or will as last aforesaid, to perform during a by reason of suite number of years or other shorter time any specific powers, du- ceasing to be of
or functions whatsoever; the person who at the time of the passing the council unthis act shall be the person designated and qualified to perform the til the time preLe shall continue to perform the same until the time when he would scribed by the
terms of the pare ceased to perform the same if this act had not passed ; and if ap
ated for an indefinite time, or for life, or for so long as he shall be a senber, or of a particular class or description of such body corporate, en until the first day of January in the year one thousand eight hunsi and thirty-six and no longer : Provided nevertheless, that nothing - this act shall be construed to extend to the body corporate of the ees of the Liverpool docks, but that every person who at the time of fe passing of this act shall be a trustee of the Liverpool docks, and
e other, shall be continued to be such trustee until the first day of firember in the year one thousand eight hundred and thirty-six, and slonger ; and every such trustee who is appointed to discharge, or in
et corporate capacity discharges any powers, duties, or functions whatFeter in respect of the said last-mentioned trust estate, and none other, el continue to discharge
the same, as if this act had not passed, until first day of November in the year one thousand eight hundred and anty-six, and no longer. LÚXV. And whereas it may be expedient that the powers now vested Powers vested n the trustees appointed under sundry acts of parliament for paving,
in trustees may sting, cleansing, watching, regulating, supplying with water, and be transferred
to councillors. proving certain boroughs, or certain parts thereof, should be transferred to and vested in the councils of such boroughs respectively; e enacted, That the trustees appointed by virtue of any such act of arliament as last aforesaid, wherein the trustees, or the persons whose - sees they may be, are not beneficially interested, may, if it shall en to them expedient, at a meeting to be called for that purpose, Ensfer in writing under their hands and
seals all the powers vested in Nata as such trustees by any such act or acts of parliament as aforesaid the said body corporate of such borough, and the said body corporate uch borough shall thenceforth be trustee for executing by the council uch borough the several powers and provisions of any such act or is of parliament, and the members of the council shall have the same users and be subject to the same duties as if their names had been Kainally inserted in such act or acts, or as if they had been elected
der the provisions of any such act or acts as such trustees respecfrely: Provided always, that no such transfer as aforesaid shall be made the powers vested by virtue of the acts mentioned in schedule (E.) Huch relate to the town of Cambridge, without the consent of the zancellor, masters, and scholars of the university of Cambridge. sately after their first election, and so from time to time thereafter as they mittee to be apcall ileem expedient, appoint, for such time as they may think proper,
pointed, to cono sufficient number of their own body, who, together with the mayor of sist of the mayor
and councilmittee for such borough; and all the powers herein-after given to such #borough for the time being, shall be and be called the Watch com
committee to be executed by the majority of those who shall be pre- appoint conany meeting of such committee, the whole number present at stables for the och ineeting being not less than three; and such watch committee shall, borough.
unmittee ent at
No. V. within three weeks after their first formation, and so from time to tir 5 & 6 W. 4, thereafter as occasion shall require, appoint a sufficient number of c. 76.
men who shall be sworn in before some justice of the peace havi jurisdiction within the borough to act as constables for preserving t
peace by day and by night, and preventing robberies and other felonie Constables to and apprehending offenders against the peace; and the men so swo be for the
shall not only within such borough, but also within the county in whi county, &c., as such borough or part thereof shall be situated, and also within eve well as borough.
county being within seven miles of any part of such borough, and als within all liberties in any such county, have all such powers and prix leges, and be liable to all such duties and responsibilities, as any co stable duly appointed now has or hereafter may have within his const blewick by virtue of the common law of this realm, or of any statuts made or to be made, and shall obey all such lawful commands as the may from time to time receive from any of the justices of the pea having jurisdiction within such borough, or within any county in whic they shall be called on to act as constables, for conducting themselve
in the execution of their office. Watch com- LXXVII. That the watch committee for any such borough as afor mittee to make said may from time to time frame such regulations as they shall deez Tégulations for expedient for preventing neglect or abuse, and for rendering such cor the manage
stables efficient in the discharge of their duties ; and the said committe ment of the constables.
or any two justices of the peace having jurisdiction within the boroug! may at any time suspend or dismiss any constable whom they sha think negligent in the discharge of his duty, or otherwise unfit for tb same; and when any man shall be so dismissed, or cease to belong t the said constabulary force, all powers vested in him as a constable b virtue of this act shall immediately cease; and no man so dismissed a aforesaid shall be re-appointed without the consent of two of the justice
of the peace having jurisdiction within the borough. Power to con- LXXVIII. That it shall be lawful for any constable during the tim stables to ap- of his being on duty to apprehend all idle and disorderly persons whon prehend disor- he shall find disturbing the public peace, or whom he shall have jus derly persons, cause to suspect of intention to commit a felony, and to deliver an &c.
person so apprehended into the custody of the constable appointer 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 brough before a justice of the peace to be dealt with according to law, or ma: give bail for his appearance before a justice of the peace, if the con
stable shall think fit to take bail, in the manner herein-after mentioned Constables at- LXXIX. That where any person charged with any petty misde lending at the meanour shall be brought without the warrant of a justice of the peact watch houses in into the custody of any constable appointed under this act, during his the night may attendance in the night-time at any watch-house within any such take bail by re- borough as aforesaid, it shall be lawful for such constable, if he shall cognizance think fit, to take bail by recognizance, without any fee or reward, from from persons
such person, conditioned that such person shall appear for examination brought before within two days before a justice of the peace within the borough at them for petty misdemea
some time and place to be specified in the recognizance; and every renours, such re
cognizance so taken shall be of equal obligation on the parties entering cognizance to
into the same, and liable to the same proceedings for the estreating be conditioned thereof, as if the same had been taken before a justice of the peace; and for the appear
the constable shall enter in a book, to be kept for that purpose in every ance of the par- watch-house, the names, residence, and occupation of the party, and ties before a his surety or sureties, if any, entering into such recognizance, together magistrate. with the condition thereof, and the sums respectively acknowledged, and
shall lay the same before such justice as shall be present at the time In default of and place when and where the party is required to appear; and if the appearance re- party does not appear at the time and place required or within one hour cognizance to after, the justice shall cause a record of the recognizance to be drawn be forfeited. 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
anty in which such borough is situate, in those boroughs for which No. V. xre shall be no separate general or quarter sessions of the peace, with 5 & 6 W.4, a certificate at the back thereof, signed by such justice, that the party
c. 76. es not complied with the obligation therein contained; and the clerk
peace shall make the like estreats and schedules of every such magnizance as of recognizances forfeited in the sessions of the peace ; a if the party not appearing shall apply by any person on his behalf Time of hears ostpone the hearing of the charge against him, and the justice shall ing may be tik fit to consent thereto, the justice shall be at liberty to enlarge the postponed. regnizance to such further time as he shall appoint; and when the uter shall be heard and determined, either by the dismissal of the aplaint or by binding the party over to answer the matter thereof at a sessions, or otherwise, the recognizance for the appearance of the aty before a justice shall be discharged without fee or reward.
LIXX. That if any constable of any borough shall be guilty of any Penalties on eglect of duty or of any disobedience of any lawful order, every such constables for leder, being convicted thereof before any two justices of the peace, neglect of duty.
- for every such offence be liable to be imprisoned for any time not aceeding ten days, or to be fined in any sum not exceeding forty shil123
, or to be dismissed from his office, as such justices shall in their retion think meet. LXXXI. That if any person shall assault or resist any constable of Penalty for assborough appointed under this act in the execution of his duty, or saults on consall aid or incite any person so to assault or resist, every such offender, stables, ng convicted thereof before any two justices of the peace, shall for very such offence forfeit and pay such sum not exceeding five pounds is the said justices shall think meet: Provided always, That nothing Proviso. stein contained shall prevent any prosecution by way of indictment sanst any person so offending, but so as that such person shall not be secuted hy indictinent and also proceeded against under this act for De same offence. LXXXII. That the treasurer of every borough appointed under this Regulation and at shall pay to the constables of such borough appointed under this act payment of sch salaries, wages, and allowances, and at such periods, as the watch expences. committee for such borough shall, subject to the approbation of the wancil
, direct, and the council shall order to be paid also any extradinary expences
which such persons shall appear to have necessarily acurred in apprehending offenders and executing the orders of any ustice of the peace having jurisdiction within such borough, such pences having been first examined and approved by such justice; and Rewards for de said treasurer shall also pay such further sums as the watch com- activity, &c. aittee shall, subject to the approbation of the council, award to any of
persons belonging to the said constabulary force, as a reward" for atraordinary diligence or exertion, or as a compensation for wounds or
injuries received in the performance of their duty, or as an allowance to such of them as shall be disabled by bodily injury reeived, or shall be worn out by length of service, and all other
charges expences which the watch committee shall, subject to the approbatop of the council, direct to be paid for the purposes of the constaculary force under this act.
LXXXIII. That any two or more of the justices of the peace having Magistrates to purisdiction within any borough are hereby authorized and required in appoint annulie month of October in every year to nominate and appoint by precept ally a certain abitants of such borough (not legally exempt from serving the office of sons to act as
vastable), to act as special constables within such borough whensoever special constathey shall be required by the warrant of any of the justices of the peace
bles. having jurisdiction within such borough so to act, and not otherwise ;
such warrant shall recite that in the opinion of the justice kranting the same the ordinary police force of the borough is insuffiCient at that time to maintain the peace of the borough; and every
appointed a special constable shall take the oath set forth in