Page images
PDF
EPUB

No. V.

5 & 6 W. 4, c. 76.

the act passed in the session of parliament holden in the first an second years of the reign of his present Majesty, intituled An Act fo amending the Laws relative to the Appointment of Special Constables, an for the better preservation of the Peace, and shall have the powers an 1 & 2W.4,c.41. immunities and be liable to the duties and penalties enacted by th Payment of said last-mentioned act; and every person so appointed a special co special consta- stable shall receive, out of the borough fund, for every day durin which he shall be called out to act as such, the sum of three shilling and sixpence, and no more.

bles.

On notice of

acts as to

watching, &c.

to cease.

Watchboxes, arms, &c. to be given up for the use of the constables appointed under

this act.

LXXXIV. That as soon as constables shall have been appointed b appointment of the watch committee for any borough, a notice, signed by the mayor constables, the such borough, specifying the day on which such constables shall begi present provi- to act, shall be fixed on the door of the town hall and every churc sions in local within such borough; and on the day so specified in such notice much of all acts named in conjunction with such borough in the Sch dule (E.) to this act annexed, and of all acts made before the passing this act, as relates to the appointment, regulation, powers, and dutie or to the assessment or collection of any rate to provide for the e pences of any watchmen, constables, patrol, or police for any plac situated within such borough, shall cease and determine; and a watch-houses and watch-boxes in any such place, and all arms, accou trements, and other necessaries provided at the public expence for an watchmen, constables, patrol, or police therein, shall be given up t such persons as shall be named by the said mayor in such notice, fc the use and accommodation of the constables to be appointed under th act, and all the property so to be given up shall be deemed to belong t the body corporate of such borough; and in case any person having th Penalty for not charge, control, or possession of any watch-house, watch-box, arms giving them up. accoutrements, or necessaries as aforesaid shall neglect or refuse t give up the same as herein-before required, every such offender, bein convicted thereof before any two justices of the peace, shall for ever such offence forfeit and pay, over and above the value of the propert not given up, such sum not exceeding five pounds as the said justice shall think meet; and where there shall be any building in any suc place as aforesaid a part only of which building shall have been hereto fore used as a watch-house, such part shall be given up every day, fron 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 unde this act; and if any person having the charge, control, or possession o any such building shall neglect or refuse to give up such part thereo for the purposes aforesaid, or to permit free access thereto or egress therefrom during any portion of the time above prescribed, every 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 purpose, nothing in this act contained shall be construed to prevent the levying and collecting 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.

Proviso as to

LXXXV. Provided always, That any rate for defraying the expences rates in arrear, of any watchmen, constables, patrol, or police in any such place as and as to debts. aforesaid, made previously to the day specified in such notice as afore

ad, shall be levied and collected in the same manner as if this act had

No. V.

c. 76.

t been passed: Provided also, that nothing herein contained shall 5 & 6 W. 4, revent the levying and collecting of any rate in any such place as resaid for the purpose of paying any debt contracted before the ssing of this act, or the interest of any such debt, but that such rate all and may be levied and collected in the same manner as if this act ad not been passed.

secretary of

XXXVI. That the watch committee of every such borough shall, on Watch comfirst day of January, the first day of April, the first day of July, and mittee to transe first day of October in every year, transmit to one of his Majesty's mit a report ncipal secretaries of state a report of the number of men appointed to quarterly to the as constables or policemen in such borough, and of the description arms, accoutrements, and clothing, and other necessaries furnished state, and also each man, and of the salaries, wages, and allowances payable to such rules, &c. a copy of their stables or policemen, and of the number and situation of all station cuses in such borough; and also a copy of all rules, orders, and regutions which shall from time to time be made by such watch commitee by the council of such borough for the regulation and guidance of uch constables or policemen.

in a local act

LXXXVII. And whereas parts of certain boroughs are within the Power for visions of one or more local act or acts for regulating the lighting council to order reof, and certain other parts of the same boroughs are not within the parts of a bovisions of any local act for regulating the lighting thereof, and for rough not withant of such lighting the efficiency of the constables may be much as to lighting to minished, and great facilities afforded for the commission of crimes be included in and for the escape of offenders; for remedy thereof be it enacted, That such act. 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 art of such borough not being within the provisions of any local act the lighting thereof shall, from and after a certain day to be named such order, be taken to be within the provisions of such local act or ts for lighting any part of such borough as the common council shall pecify in such order; and after such day the part named in such order shall be within the provisions of the act or acts so specified, so far as relates to lighting, or to any rates authorized to be levied for the purpose of lighting, as fully as if such part had been originally named in such act or acts, any thing in such act or acts to the contrary notwithstanding: Provided always, that every part named in such order shall Proviso as to be lighted in the like manner as those parts which before the making amount of rate of such order were within the provisions of such local act, and that the for lighting. rate to be raised for the purpose of defraying the expences of lighting any part so named in such order shall not exceed the average expence in the pound of the lighting of the other parts of such borough.

LXXXVIII. That if the council of any borough chosen under this Council may act, shall, by public notice to be affixed on the outer door of the town assume the hall or in some public place within the borough, declare that on a powers of incertain day, to be named in such notice, not less than twenty-one days spectors under after the day on which such public notice shall have been given, they 3 & 4 W. 4, will take upon themselves the powers given to the inspectors named in c. 90, for lighta certain act made in the third and fourth year of his present Majesty, the borough not ing any part of intituled An Act to repeal an Act of his late Majesty King George the within a local Fourth, for the lighting and watching of Parishes in England and Wales, act for lightand to make other Provisions in lieu thereof, so far as the same relates to ing the same. the lighting 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 in 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

No. V.

5 & 6 W. 4, c. 76.

Act not to in

terfere with the regulations for the govern. ment &c. of

dockyards, arsenals, &c.

2 & 3 W. 4, c. 40.

Council to have

power to make bye-laws.

As to breaches of bye-laws.

All corporate

for in any one year for the purpose of lighting such part of the borough so that such sum shall not exceed the rate of sixpence in the pound or the full and fair annual value of all property rateable to the relief of the poor within such part of the borough: Provided also, That it shall no 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 shad cease to be acted upon.

LXXXIX. Provided always, 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; 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 any law or statute now in force; nor shall any thing herein contained extend to defeat or affect the authority of justices of the 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 Business of the Civil Departments of the Navy, and to make other Regulations for more effectually carrying on the Duties of the said Departments, is vested in the commissioners for executing the office of lord high admiral of the United Kingdom, and in the superintendents of the several dockyards and other naval and victualling establishments, in all places and in all matters relating to his Majesty's naval service, and to the stores, provisions, ammunition, and accounts thereof.

XC. 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 byelaw 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 affixed 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 council, 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 byelaw, 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. That all the provisions herein-after 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. That after the election of the treasurer in any borough the property and all fines receiv- rents and profits of all hereditaments, and the interest, dividends, and ed to be carried annual proceeds of all monies, dues, chattels, and valuable securities to the account belonging or payable to any body corporate named in conjunction with of the borough the said borough in the said schedules (A.) and (B.), or to any member or officer thereof in his corporate capacity, and every fine or penalty for

fund

y offence against this act (the application of which has not been

No. V.

c. 76.

ready provided for), shall be paid to the treasurer of such borough; 5 & 6 W. 4, and all the monies which he shall so receive shall be carried by him to account of a fund to be called "The Borough Fund;" and such

and election

d, subject to the payment of any lawful debt due from such body Payment of porate to any person, which shall have been contracted before the debts, &c. salaassing of this act, and unredeemed, or of so much thereof as the coun- ries of recorder, of such borough from time to time shall be required or shall deem town clerk, expedient to redeem, and to the payment from time to time of the treasurer, and other officers, terest of so much thereof as shall remain unredeemed, and saving all ights, interests, claims, or demands of all persons or bodies corporate expences to be or upon the real or personal estate of any body corporate by virtue paid out of my proceedings either at law or in equity which have been already such fund. stituted or which may be hereafter instituted, or by virtue of any ortgage or otherwise, shall be applied towards the payment of the ry of the mayor, and of the recorder and of the police magistrate berein-after mentioned when there is a recorder or police magistrate, nd of the respective salaries of the town clerk and treasurer, and of ery other officer whom the council shall appoint, and also toward the arment of the expences incurred from time to time in preparing and ting burgess lists, ward lists, and notices, and in other matters tending such elections as are herein mentioned, and, in boroughs tich shall have a separate court of sessions of the peace as is hereiner provided, towards the expences of the prosecution, maintenance, ad punishment of offenders, and towards such other sum to be paid by ch borough to the treasurer of such county as is herein-after provided, ad towards the expence of maintaining the borough gaol, house of cortion, and corporate buildings, and towards the payment of the conables, and of all other expences not herein otherwise provided for hich shall be necessarily incurred in carrying into effect the provisions

this act; and in case the borough fund shall be more than sufficient Application of the purposes aforesaid, the surplus thereof shall be applied, under surplus. direction of the council, for the public benefit of the inhabitants and provement 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 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 y member or officer thereof in his corporate capacity, or towards the tisfaction whereof such tolls or dues or any part thereof were applible before the passing of this act, to alter or reduce the amount to be evied and payable of such tolls or dues, or to grant for any consideraon any remission of or exemption from such tolls or dues or any part hereof, unless with the consent in writing under the hands of a ajority in number and amount of the creditors to whom such debt is e, until after such debt and all arrears of interest due thereon shall have been fully paid and satisfied; and in case the borough fund shall If the fund be ot be sufficient for the purposes aforesaid, the council of the borough insufficient, the hereby authorized and required from time to time to estimate, as cor- council shall rectly as may be, what amount, in addition to such fund, will be suffi- order a rate to cent for the payment of the expences to be incurred in carrying into make up the Fffect the provisions of this act; and in order to raise the amount so deficiency. stimated 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 Third, intituled An Act to amend an Act of his late Majesty King George 55 G. 3, c. 51. The Second, for the more easy assessing, collecting, and levying of County

No. V.

5 & 6 W. 4, c. 76.

Rates, or as near thereto as the nature of the case will admit, except a is herein-after excepted; and all warrants required by the said act to b issued under the hands and seals of two or more justices shall in lik case be signed by the mayor, and sealed with the seal of the borough provided that such council shall not be empowered to receive, hear, c determine any appeal against any such rate; and if any person sha think himself aggrieved by any such rate it shall be lawful for him t appeal to the recorder herein-after mentioned at the next quarte sessions for the borough in which such rate has been made, or i case there shall be no recorder within such borough, to the justice at the next court of quarter sessions for the county within whic such borough is situate or whereunto it is adjacent; and such re corder or justices respectively shall have power to hear and determin the same, and to award relief in the premises, as in the case of a appeal against any county rate; and all such sums levied in pursu ance of such borough rate shall be paid over to the account of th borough fund, and, subject to the provisions herein-before contained shall be applied to all purposes to which before the passing of thi act a borough rate or county rate was by law applicable in suc borough or county: Provided that in every case in which before th passing this act any rate might be levied in any borough, or in an parish or place made part of any borough under the provisions of thi act, for the purpose of watching solely by day or by night, or for th purpose of watching by day or by night conjointly with any other pur pose, it shall be lawful for the council of such borough to levy a watcl rate sufficient to raise any sum not greater than the average yearly sun which during the last seven years, or where such rate shall not hav been levied during seven years then during such less number of year as such rate shall have been levied, shall have been expended in the maintenance and establishment of watchmen, constables, patrole, o policemen within the district in which such rate was levied, and fo that purpose the council shall have all the powers herein before give to the council in the matter of the borough rate; and where any par of any borough shall not at the time of the passing of this act b within the provisions of the act authorizing the levy of such rate fo 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 shal seem fit, shall be rated to the watch rate in like manner as other part: of the borough to be specified in such order, and such watch rate there upon 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: Provided 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 passing this act such rate as afore said 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 contracted before the passing of this act by any body corporate any part of the real or personal estate of the said body corporate which before the passing of this act was not liable thereto, or to authorize the levy of any rate within any part of any borough 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.

Accounts of re- XCIII. That the treasurer of every borough shall, in books to be ceipts and dis- kept for that purpose, enter true accounts of all sums of money by him bursements to received and paid, and of the several matters for which such sums shall be kept, audit- have been received and paid; and the books.containing the accounts ed, and pub

lished.

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

« EelmineJätka »