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suchers and papers relating thereto, shall, in the months of March and No. V.
xptember in every year, be submitted by the treasurer of the borough 5 & 6 W. 4, o the auditors herein-before provided to be elected, and to such member
c. 76. f the council as the mayor shall name on the first day of March in very year, or in case of extraordinary vacancy within ten days next fter such vacancy, for the purpose of being examined and audited, on the first day of September in the year preceding to first day of arch, and from the first day of March to the first day of September in 2 year in which the said auditors were elected and named, and if the ad accounts shall be found to be correct, the auditors shall sign the ere, and after such accounts shall have been so examined and audited = the month of September in every year, the treasurer shall make out
1 writing, and shall cause to be printed, a full abstract of his accounts 5 let the year, and a copy thereof shall be open to the inspection of all
e rate-payers of such borough, and copies thereof shall be delivered wail rate-payers of such borough applying for the same, on payment
a reasonable price for each copy. XCIV. That it shall not be lawful for the council of any body corpo- Power of sale rate to be elected under this act to sell, mortgage, or alienate the lands, and leasing reEsernents, or hereditaments of the said body corporate, or any part strained. #reof, except in pursuance of some covenant, contract, or agreement má fide made or entered into on or before the fifth day of June in this present year, by or on behalf of the body corporate of any borough, or | 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, contract, or agreement bona fide ? cade or entered into on or before the said fifth day of June by or on the behalf of such body corporate, or in pursuance of some resolutions duly entered in the corporation books of such body corporate on or efore the said fifth day of June, or except in the cases herein-after mentioned, any lands, tenements, or hereditaments of such body corprate, or any part thereof, or to enter into any new covenant, contract, e agreement (except in the cases herein-after mentioned) for demising o leasing any such lands, tenements, or hereditaments, or any part thereof, for any terin exceeding thirty-one years from the time when such lease shall be made, or if made in pursuance of a previous agreesent, then from the time when such agreement shall have been entered into ; and in every lease which the said council is not hereby restrained from making there shall (except in the cases herein-after mentioned) be reserved and made payable during the whole of the term thereby granted such clear yearly rent as to the council shall appear reasonable, without taking any fine for the same : Provided nevertheless, that in every case in which such council shall deem it expedient to sell and alienate or to demise and lease for a longer term than thirty-one years, or upon different terms and conditions than those herein-before mentioned, any of the said lands, tenements, or hereditaments, it shall be lawful for such council to represent the circumstances of the case to the lords commissioners of his Majesty's treasury; and it shall be lawful for such council, with the approbation of the said lords commissioners or any three of them, to sell, alienate, and demise any of the lands, tenements, and hereditaments of the said body corporate in such manner and on such terms and conditions as shall have been approved by the said lords commissioners : Provided always, that notice of the intention of the council to make such' application as aforesaid shall 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 a copy of the memorial intended to be sent to the said lords commissioners shall be kept in the town clerk's office during such calendar month, and shall be freely open to the inspection of every burgess at all reasonable hours during the same.
XCV. Provided always, That in all cases in which any body corpo- The council of rate shall on the fifth day of June in this present year have been bound any borough
or engaged by any covenant or agreement, express or implied, or have 5 & 6 W. 4, been enjoined by any deed, will, or other document, or have been sanc-iteit c. 76.
tioned or warranted hy ancient usage or by custom or practice, to make bir
any renewal of any lease for years, or for life or lives, or for years deterunder this act minable with any life or lives at any fixed or determinate or known or authorized to accustomed period, or after the lapse of any number of years, or on the renew leases, dropping of any life or lives, and years determinable after the lapse of
any number of years, at a fine certain, or under any special or specific not
done in case this act had not been passed.
, heredita-vite to or for making ments, to any person, body politic, corporate, or collegiate, for gardens, &c., not exceeding seventy-five years from the time of making such lease or may be made for seventy
part of the yearly value of which shall at the time of making the leas
the occupiers of any such house or building. Collusive pur
XCVII. That it shall be lawful for the council first to be elected in
goods, and valuable securities, or any part of the real or personal
the to is zabeth
u tom under *
2014 usta la
and premises in question to be inquired of and found by a jury of No. V. selve indifferent men of the county in which, or adjoining to which in 5 & 6 W 4, he case of Berwick-upon-Tweed, and of all counties of cities and towns
c. 76. corporate, such lands, tenements, hereditaments, or premises do lie ; and in order thereto the said council is empowered to summon and call before such jury all persons having the custody and possession of any deed or agreement concerning the said lands, tenements, hereditaments, ind premises made or entered into since the said fifth day of June, and to cause all such deeds and agreements to be produced before the said ury, and examined by them, and to examine upon oath every person who shall be thought necessary to be examined (which oath the mayor is hereby empowered to administer); and the council shall, by ordering a riew or otherwise, use all lawful means for the information as well of themselves as of the said jury in the premises ; and the jury shall find the value of the said lands, tenements, hereditaments, and premises, and the consideration which shall have been given, and also that which ought of right to have been given, for the purchase, sale, lease, demise, i appropriation thereof, according to the terms of such purchase, sale, tase, demise, contract, or appropriation, and taking into account all the circumstances under which the same shall have taken place; and if the jury by their oaths shall find that no consideration, or a consideration less than that which they shall have so found to be the value which ought therefore to have been given, shall have been collusively given or contracted to be given by the terms of any such purchase, sale, lease, demise, contract, or appropriation, the party to such purchase, sale, lease, demise, contract, or appropriation shall have his option either to re-convey and restore the lands, tenements, hereditaments, and premises in question, and to abandon the contract to which he shall have been party, upon receipt in each case of the consideration, if any, which he shall have given for the same, or to give therefore in each case such additional consideration so that the whole consideration given shall be that which ought of right to have been given, so found by the jury as aforesaid ; and in every such case as last aforesaid the additional consideration given or to be given shall be endorsed on the original deed or conveyance; and unless he shall so do within one calendar month next after the finding of the jury every such purchase, sale, lease, demise, contract, and conveyance shall be absolutely void and of none effect, as against the said body corporate and their successors ; and in every case in which any such contract shall have been abandoned as aforesaid, or in which any such purchase, sale, lease, demise, contract, or conveyance, shall become void and of none effect; under the provisions of this act, the party who would otherwise have had the benefit of the same shall be remitted to his former estate, title, and interest (if any) in the premises as if no such contract, purchase, sale, lease, or demise had been made or entered into; and for summoning and returning such juries, and for imposing fines on the sheriff, his deputy, bailiff, or agent, and on the persons summoned and returned on the said jury, and on any person required to give evidence, who shall in this behalf contravene the provisions of this act, the council of every such borough shall have all the powers given in that behalf to the trustees or commissioners of any turnpike road by an act made in the third year of his late Majesty George the Third, intituled An Act to amend the General Laws now in being for regulating Turnpike 3 G. 4, c. 126. Roads in that part of Great Britain called England; and all the costs of the said jury, and of all witnesses tendered by the said council to be examined before the said jury, shall in every case be borne by the council, and paid out of the borough fund: Provided nevertheless, That it shall be lawful for his Majesty, if he shall think fit, by the advice of his privy council, upon petition to him setting forth the special circumstances under which any purchase, sale, lease, demise, contract, or appropriation of any of the said lands, tenements, hereditaments, and premises shall have been made since the said fifth day of June, to order
2. mas be respectiv
- That no sud astee of the peace B, or in makin in canis rate.
SESSION of the er other meetii
person i de remorable at
No. V. that the same shall not be called in question under the provisions can be not di 5 & 6 W. 4, this act; and in such case as last aforesaid the same shall not be calle o de canse
in question or set aside or affected under the provisions of this act z dngh such Provided always, That in every case in which such petition shall hay atdhe stali hi been presented it shall be lawful for his Majesty, if he shall think fit, 1. et summons 1 enlarge the time within which (in case his Majesty shall not think fit is such appearance make such order as aforesaid) the council may have power as aforesai
ಜ್ tanr offen to call in question any purchase, sale, lease, demise, contract, or approvating in and
priation referred to in such petition. His Majesty's
XCVIII. That it shall be lawful for his Majesty from time to time seid boron commission
to assign to so many persons as he shall think proper his Majesty ring veren mile may be issued commission to act as justices of the peace in and for each borough, and a fare eh for certain per- in and for each of the counties of cities and towns respectively name issued or sul sons to aci as in the said schedule (A.), and in and for such of the boroughs in th
on in the
1 justices in any of said schedule (B.) to which his Majesty may be pleased upon the peti
13, statute, char such boroughs. tion of the council thereof to grant a commission of the peace: Provide
nevertheless, That every person so to be assigned shall reside within th
justice of the peace in and for such borough.
XCIX. That if the council of any horough shall think it requisit make bye-laws, that a salaried police magistrate or magistrates be appointed within sucl on which the borough, such council
is hereby empowered to make a bye-law fixings byl be larful se crown may ap- the amount of the salary which he or they are to receive in that behalf point salaried and such bye-law so made by any council as aforesaid shall be trans justices. mitted to one of his Majesty's principal secretaries of state, and it shal.
be lawful thereupon for his Majesty, if he shall think fit, to appoint one
or clerk assignment as aforesaid : Provided that in every case of vacancy of the I the employ office of police magistrate in any borough aforesaid no new ap: pointment of police magistrate in such borough shall be made until te for every the council shall again make application to one of his Majesty's principal secretaries of state in that behalf, and as in the case of the first appoint
ment of a police magistrate in such borough. Council to pro
C. That the council of every borough to which a separate commis- will sue for vide a police
sion of the peace shall be granted under the provisions of this act shall office. be authorized and required to provide and furnish one or more fit and
suitable office or offices, to be called “The Police Office” or “ Offices”
alehouse shall be used for the purposes of any such police office.
peace in and for the borough for which he shall have been so assigned,
er the partner
watul for the sai " Orectly
peral or quarte
genade, one moie ut to the cred ed the other ne
That the council in eart of quart en and for such
e that behalf hased theren
vi the peace
2. to appoint for
ta conjointly, a
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2, and upon ?
A being a bar
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covided that such person be not disqualified by law to act as a justice No. V. If the peace for any other cause or upon any other account than in 5 & 6 W. 4, respect of estate, and although such person may not be a burgess of the c. 76. borough in and for which he shall have been assigned to act as a justice of reace, and that every summons for the appearance of any person, or rarrant to compel such appearance, or warrant for the apprehension of dy person charged with any offence, or search warrant, issued by any istice of the peace acting in and for any borough in any matter within *3$ jurisdiction, may be respectively served and executed within any ranty in which the said borough shall be situated, or within any istance not exceeding seven miles from such borough, and within such units as aforesaid shall have the same force and effect as if the same ad been originally issued or subsequently indorsed by a justice of the
zace having jurisdiction in the place where the same shall be served or frecuted, any law, statute, charter, or usage to the contrary notwith1 tanding; and every such summons and warrant shall and may be
awfully served or executed within such limits as aforesaid by the constable or special constable to whom the same shall be directed: Pro- Such justices rided nevertheless, That no such person, by virtue of such assignment, not to sit in hall act as a justice of the peace at any court of gaol delivery or general courts of gaol
quarter sessions, or in making or levying any county rate, or rate in delivery, xc. the nature of a county rate.
CII. That it shall be lawful for the justices of every borough to which Justices to apa separate commission of the peace shall be granted as aforesaid, at point a clerk, their first or any other meeting, and they are hereby respectively re- who shall not quired to appoint a fit person to be the clerk to the justices of such be clerk of the torough, to be removable at their pleasure, and so as often as there peace, or an
alderman or shall be a vacancy in the said office of clerk to the justices by death,
councillor, nor resignation, removal, or otherwise; provided that it shall not be lawful
be concerned in for the said justices to appoint or continue as such clerk to the justices the prosecution any alderman or councillor of such borough, or clerk of the peace of of offenders uch borough, or the partner of such clerk of the peace, or any clerk or committed by person in the employ of such clerk of the peace : Provided also, That it the borough shall not be lawful for the said clerk to the justices, by himself or his justices. partner, to be directly or indirectly interested or employed in the prosecution of any offender committed for trial by the justices of whom he shall be such clerk as aforesaid, or any of them, at any court of gaol delivery or general or quarter sessions; and any person being an alderman or councillor, or clerk of the peace of any borough, or the partner or clerk or in the employ of such clerk of the peace, who shall act as clerk to the justices of such borough, or shall otherwise offend in the premises, shall for every such oflence forfeit and pay the sum of one hundred pounds, one moiety thereof to the treasurer of such borough, to be paid over to the credit and account of the borough fund of such orough, and the other moiety thereof, with full costs of suit, to any person who will sue for the same in any of his Majesty's courts of record at Westminster.
CIII. That the council of every borough which shall be desirous that His Majesty a separate court of quarter sessions of the peace shall be or continue to may grant à be holden in and for such borough shall signify the same by petition to separate court his Majesty in council, setting forth the grounds of the application, the of quarter sesstate of the gaol, and the salary which they are willing to pay to the sions, and aprecorder in that behalf; and it shall be lawful for his Majesty, if he point a re
corder in cershall be pleased thereupon to grant that a separate court of quarter
tain boroughs. sessions of the peace shall be thenceforward holden in and for such borough, to appoint for such borough, or for any two or more of such boroughs conjointly, a fit person, being a barrister at law of not less than five years standing, who shall be and be called the recorder of such borough or boroughs, and shall hold such office during his good behaviour, and upon any vacancy in any such office to appoint another fit person, being a barrister at law of not less than five years standing, to be the recorder in the place of the person so making such vacancy;