No. V. 5 & 6 W. 4, c. 76. ber of parlia ment for the borough, alder and the council of every such borough shall appoint a fit person to be clerk of the peace during his good behaviour; and the recorder for the time being of any borough shall be a justice of the peace of and for such borough, although he may not have such qualification by estate as Recorder to be is required by law in the case of any other person being a justice of the a justice of the peace for a county; and such recorder shall have precedence in all peace for the places within the borough of which he may be the recorder next after borough ; the mayor thereof; and in such case it shall be lawful for his Majesty to direct that an annual salary, not exceeding the sum stated in the petition of the council, shall be paid to such recorder, by the treasurer but not a mem- of such borough out of the borough fund: Provided always, That no person being such recorder as aforesaid shall be eligible to serve in parliament for such borough, nor shall he be an alderman, councillor, or police magistrate of such borough: Provided nevertheless, That nothing in this act contained shall be construed to disqualify any such recorder from being appointed a barrister to revise any list of voters under the provisions of an act passed in the second year of his Majesty, intituled An Act to amend the Representation of the People in England and Wales, or from being eligible to serve in parliament, otherwise than is herein-before provided: Provided also, That in every borough in and for which a separate court of general or quarter sessions of the peace is now holden, and of which the present recorder or deputy recorder is a barrister of five years standing, such recorder or deputy recorder, being qualified as aforesaid, shall be continued or appointed recorder under the provisions of this act: Provided also, That in the case of sickness or unavoidable absence, the recorder of any borough shall be empowered, under his hand and seal, with the consent of the council of such borough, to appoint a deputy recorder, being a barrister of five years standing, to act for him at the quarter sessions of the peace then next ensuing, and no longer or otherwise. man, councillor or police magistrate. 2 W. 4, c. 45. Recorder and CIV. Provided nevertheless, That no recorder or person assigned to justices to make keep the peace within any such borough shall be capable of acting as declaration be- recorder or justice of the peace within such borough until he shall have fore acting. taken the oaths provided to be taken by justices of the peace, except the oath as to qualification by estate, and until he shall have made before the mayor or before any two or more of the aldermen or councillors of such borough (who is and are hereby authorized and required to administer the same) a declaration in the following form, that is to say,) Sessions of the peace to be held for the borough of which the recorder to be the sole judge. 'I A. B. do hereby declare, That I will faithfully and impartially ability.' CV. That the recorder of every borough shall hold once in every quarter of a year, or at such other and more frequent times as the said recorder in his discretion may think fit, or as his Majesty shall think fit to direct, a court of quarter sessions of the peace in and for such borough, of which court the recorder of such borough shall sit as the sole judge; and such court of quarter sessions of the peace shall be a court of record, and shall have cognizance of all crimes, offences, and matters whatsoever cognizable by any court of quarter sessions of the peace for counties in England, and the said recorder shall have power to do all things necessary for exercising such jurisdiction, notwithstanding his being such sole judge, as fully as any such last-mentioned court: Provided nevertheless, That no recorder, by virtue of his office, to make or levy shall have power to make or levy any county rate, or rate in the nature county rate,&c. of a county rate, or to grant any licence or authority to any person to keep an inn, alehouse, or victualling house, to sell exciseable liquors by retail, or to exercise any of the powers herein specially vested in the council of such borough Recorder not No. V. CVI. That in the absence of the recorder and deputy recorder the mayor shall be authorized and required, at the proper times appointed 5 & 6 W. 4, for the holding of such court of quarter sessions of the peace in and for such borough, to open the said court, and to adjourn over the holding c. 76. of the same, and to respite all recognizances conditioned for appearing Mayor, in the at the same, until such further day as such mayor then and there, and absence of the so from time to time, shall cause to be proclaimed: Provided neverthe- recorder and less, that nothing in this act contained shall authorize or require any deputy recordsuch mayor to sit as a judge of the said court for the trial of offenders, er, may open or to do any other act in the character of a judge of such court, save and adjourn the only in opening and adjourning the same, and respiting the said recognizances in manner aforesaid. court. abolished. CVII. That after the first day of May one thousand eight hundred Capital jurisand thirty-six all powers and jurisdictions to try treasons, capital felo- dictions, and all nies, and all other criminal jurisdictions whatsoever granted or con- other criminal firmed by any law, statute, letters patent, grant, or charter whatsoever, jurisdictions in to any mayor, bailiff, alderman, recorder, or other corporate or char- boroughs, other than are specitered officer, or corporate or chartered justice of the peace whomsoever, fied in this act, in any borough, and all right of any body corporate in any borough, or any of the members thereof, by virtue of any law, statute, letters patent, grant, or charter whatsoever, to elect or nominate any justices to keep the peace in or for any borough, or by any members of any such corporate body to act as such justices of the peace in or for any of the lastnamed boroughs other than is herein declared, shall cease: Provided nevertheless, that nothing in this act contained shall be construed to restrain or prevent the holding of any court of gaol delivery or general or quarter sessions of the peace in and for any borough for which such court may now be holden, until the said first day of May, but every such court may be holden in like manner, and with the same powers, until the said first day of May, as if this act had not been passed. CVIII. That from and after the passing of this act so much of all Chartered adlaws, statutes, and usages, and so much of all royal and other charters, miralty jurisgrants, and letters patent heretofore granted to any borough or body dictions abocorporate, whereby such borough, or any place within the precincts or lished. liberties of the same, or such body corporate, or the freemen or inhabitants of the same, claims or claim to be exempted and released from the jurisdiction and office of the lord high admiral of England, or of the high court of the admiralty of England, or whereby any body corporate, or any mayor, bailiff, recorder, steward, or other chartered or corporate officer of any borough has or claims any thing belonging to the office of admiral, whether or not to be exercised by virtue of any commission to them or any of them to be directed, shall be and the same is hereby repealed: Provided nevertheless, that nothing in this act contained shall extend to alter or affect the jurisdiction and office of the lord warden in his office of admiral of the cinque ports: Provided also, that all suits and matters wherein before the passing of this act the rights of any salvors, or any droits or perquisites to the office of admiral belonging, were drawn into question, may be continued, heard, determined, and adjudicated upon in like manner as if this act had not passed. CIX. And whereas an act was passed in the thirty-eighth year of his Certain exceplate Majesty George the Third, intituled An Act to regulate the Trial of tions in 38 G.3, Causes, Indictments, and other Proceedings which arise within the Counties c. 52, repealed. of certain Cities and Towns Corporate within this Kingdom, but certain : cities and counties of cities were excepted out of the operation of the same and whereas it is expedient to repeal in part the said exceptions; be it therefore enacted, That so much of the last-recited act as provides that nothing therein contained shall extend or be construed to extend to the city or county of the city of Bristol, or the city or county of the city of Chester, or to the criminal jurisdiction of the city of Exeter and county of the same city, shall be and the same is hereby repealed; and Berwick-uponthat the town of Berwick-upon-Tweed shall be taken to be a county of Tweed to be a a town corporate, and to be within all the provisions of the last-recited F county of a town. No. V. 5 & 6 W. 4, c. 76. As to trial of act; and that after the first day of May in the year one thousand eight hundred and thirty-six, and until his Majesty shall be pleased to direct a commission of oyer and terminer and gaol delivery to be executed within any county of a city or town corporate, all bills of indictment for offences committed within such county of a city or town corporate shall offences com- be preferred and all proceedings upon such indictments shall be had as mitted in coun- in the last-recited act is authorized to be done, and the counties of the ties of cities and cities and towns corporate named in the first column of the Schedule (C.) to this act annexed shall be considered as next adjoining to the county named in conjunction with the same respectively in the second column of the said Schedule (C.) towns corpo rate. Offenders committed to bo rough sessions whose jurisdic tion is taken ing county. CX. That after the said first day of May one thousand eight hundred and thirty-six every person who shall then stand committed to take his trial at any court of gaol delivery, general or quarter sessions of the peace for any borough, charged with any offence which the recorder of such borough after the said first day of May will not have jurisdiction away to be tried to try, may be lawfully removed and committed to the gaol or house of in the adjoincorrection of the county in which or adjoining to which such borough is situated, there to remain and take his trial at the next court of quarter sessions for such county, if the offence is cognizable by a court of quarter sessions, and if not, then before the judges of oyer and terminer and gaol delivery at their next circuit; and all persons bound by recognizance to prosecute and give evidence against such offenders shall be bound to appear to prosecute and give their evidence at the court at which such offenders shall be tried as aforesaid; and all such recognizances and all depositions relating to such charges shall be transmitted to the proper officer of the court where such offenders shall be tried; and the sheriff, under-sheriff, gaolers, and other officers of the county in which such offenders shall be so tried are hereby authorized and required in every such case to receive every prisoner so committed to their custody, and him safely to keep until delivered by due course of law; and the judges of assize and others named in his Majesty's commissions of oyer and terminer and gaol delivery, or the justices for the county, as the case may be, in which such offenders shall be tried, are hereby authorized and required to hear and determine all such cases, and to order the payment of the usual and fit expences of the prosecutors and witnesses, and all other costs and expences which in like case may be directed to be paid by order of the court. County justices CXI. That after the said first day of May one thousand eight hunto have jurisdic- dred and thirty-six the justices assigned or hereafter to be assigned to tion in all bo- keep the peace in and for the county in which any borough is situated, roughs which to which his Majesty shall not have granted that a separate court of have not a se-quarter sessions of the peace shall be holden in and for the same, shall parate court of exercise the jurisdiction of justices of the peace in and for such borough as fully as by law they and each of them can or ought to do in and for the said county; and no part of any borough in and for which a separate court of quarter sessions of the peace shall be holden shall be within the jurisdiction of the justices of any county from which such borough before the passing of this act was exempt, any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding. quarter sessions of the peace under this act. Certain bo assessed to county rates. CXII. That within ten days after the grant of a separate court of roughs not to be quarter sessions of the peace to any borough the council of such borough shall 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 is situated; and after the grant of such court to any borough it shall not be lawful for the justices of the peace of any county wherein such borough or part of such borough is 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 shall thenceforward be wholly free and discharged from contributing, otherwise than is herein-after provided, to any rate or assess ment of any kind of and for the county in which any part of such borough is situated: Provided nevertheless, that all arrears of such rates theretofore made may be levied and collected as if this act had not been passed. No. V. 5 & 6 W. 4, c. 76. CXIII. And whereas by an act made in the seventh year of his late Boroughs to Majesty George the Fourth, intituled An Act for improving the Adminis- pay the extration of Criminal Justice in England and Wales, it was enacted that all pences of prosums directed to be paid by virtue of that act in respect of felonies and secutions at the misdemeanors therein enumerated, committed in liberties, franchises, assizes. cities, towns, and places which do not contribute to the payment of any 7 G. 4, c. 64. county rate, should be paid as therein is directed; be it therefore enacted, That all sums directed to be paid by virtue of the last-recited act in respect of felonies and such misdemeanors as aforesaid, committed or supposed to have been committed in any borough in which a separate court of quarter sessions of the peace shall be holden, shall be paid out of the borough fund of such borough, any thing in the said act contained notwithstanding; and the order of court shall in every such ase be directed to the treasurer of such borough instead of the treasurer of the county. CXIV. That the treasurer of every county in England and Wales Treasurers of shall keep an account of all costs arising out of the prosecution, main- counties to keep tenance, and punishment, conveyance and transport of all offenders an account of committed for trial to the assizes in such county from any borough in expences of which a separate court of quarter sessions of the peace shall be holden; offenders sent prosecution of and the treasurer of every such county shall, not more than twice in by such boevery year, send a copy of the said account to the council of each of the roughs for trial said boroughs, and shall make an order for payment of the same on the at the assizes, council of such borough; and the council of every such borough shall and make order forthwith order the same, with all reasonable charges of making and on them for paysending such account, to be paid to the treasurer of such county out of ment thereof. the borough fund; and in case any difference shall arise concerning In case of difthe said account, it shall be decided by the arbitration of a barrister to ference respectbe named as is provided in the case of differences with respect to the ing such acpayment of monies under contracts made by authority of an act made count the same in the fifth year of his late Majesty King George the Fourth, intituled to be referred to arbitration, as An Act for amending an Act of the last Session of Parliament, relating to the building, repairing, and enlarging of certain Goals and Houses of Correction, and for procuring Information as to the State of all other Gaols and Houses of Correction in England and Wales: Provided that nothing herein contained shall be construed to alter or restrain the powers given by the last-mentioned act of contracting with the justices of the peace having authority or jurisdiction in and over any gaol or house of correction of the county wherein or where such borough is situated, or whereto it is adjacent, for the conveyance, support, and maintenance in such last-mentioned gaol or house of correction of prisoners committed thereto from such borough, save only that all such powers shall after the first day of May one thousand eight hundred and thirty-six be vested in the council of such borough in the name of the body corporate whose council they are, and in none other; and for the purpose of making such contracts as aforesaid the council of such borough, and none other, shall have power to make the orders required by the said lastmentioned act to be made by the justices of the borough at the borough sessions. G. 4. c. 85. provided in CXV. That in every case in which it shall have been made to appear Council may to the satisfaction of one of his Majesty's principal secretaries of state contract for that there is in any borough a gaol or house of correction fit for the committing priconfinement of prisoners, the council of any borough shall have the soners to the same powers of contracting, in the name of the body corporate whose gaol of another council they are, with any person or body corporate having the govern- borough, if sufment or ordering of such last-mentioned gaol or house of correction, in like manner as is herein-before enacted concerning contracts with justices of the peace having authority or jurisdiction in and over county ficient. No. V. 5 & 6 W. 4, c. 76. Council of cer to have the same powers under the acts as justices of the peace have at their sessions in counties. gaols and houses of correction; and all the provisions of the lastrecited act made in the fifth year of his late Majesty shall extend, or as nearly as may be, to all such contracts for the conveyance to and support and maintenance of offenders in such borough, gaol, or house of correction; and in case his Majesty shall have granted to the borough in which such gaol or house of correction shall be situated a separate court of quarter sessions of the peace, such offenders may be tried and sentenced by such court for all offences of which the court has cognizance, and punished accordingly; and all the provisions of the lastrecited act made in the fifth year of his late Majesty shall extend as nearly as may be to the trial and punishment of such offenders, and to all acts necessary for such trial or consequent thereon. CXVI. And whereas by an act passed in the fourth year of his late tain boroughs Majesty George the Fourth, intituled An Act for consolidating and amending the laws relating to the building, repairing, and regulating of certain Gaols and Houses of Correction in England and Wales, it was pro4 G. 4, c. 64, vided, that certain cities, towns, and places included in a certain Scheand 5 G.4,c.85, dule (A.) to the said act annexed should be taken to be within the provisions of the same: and whereas by an act passed in the fifth year of his late Majesty George the Fourth, intituled An act for amending an act of the last session of Parliament, relating to the building, repairing, and enlarging of certain Gaols and Houses of Correction, and for procuring Information as to the State of all other Gaols and Houses of Correction in England and Wales, so much of the last-recited act as related to the cities of Canterbury, Lichfield, and Lincoln was repealed; be it therefore enacted, that the council of every borough named in the last-mentioned Schedule (A,) (except the cities of Canterbury, Lichfield, and Lincoln) shall have within their borough all the powers (except in hearing and determining appeals against convictions) 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 the said last-recited acts or either of them, or as near thereto as the nature of the case will admit; and all things in the said last-recited acts or either of them provided to be done at any general or quarter sessions of the peace shall be done at some quarterly meeting of the council of such borough. Boroughs to pay a propor tion of the other county expenditure. 2 & 3 W. 4, c. 64. CXVII. That the treasurer of every county in England and Wales shall keep an account of all 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 the case of boroughs having a separate court of quarter sessions of the peace other than out of coroners' inquests, and shall, not more than twice in every year, send a copy of the said account to the council of every borough situate within such county in which a separate court of quarter sessions of the peace shall be holden, and which before the passing of the said act, intituled An Act to settle and describe the Divisions of Counties and the Limits of Cities and Boroughs in Englaad and Wales, so far as respects the Election of Members to serve in Parliament, was chargeable with or liable to contribute in whole or in part to the county rate of such county, and shall make an order on the council of every such borough for the payment 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 aforesaid, if this act had not passed, upon such borough as the same shall be bounded according to the provisions of this act; and the council of such borough shall 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: Provided that in case any difference shall arise concerning the last-mentioned account it shall be decided by the arbitration of a barrister to be named as is provided in the case of differences with respect to the payment of |