borough to pay the amount out of the borough fund. (i) In boroughs, not having separate quarter sessions, the costs of prosecutions for offences committed within them, continues still to be regulated by stat. 7 Geo. 4. c. 64.

Gaols.] The council of the several boroughs named in sch. A to the Gaol Act, 4 Geo. 4. c. 64, as amended by 5 Geo. 4. c. 85, shall have the same powers, with respect to their gaols, as are therein given to the respective courts of quarter sessions of such boroughs, and which powers shall be exercised at some quarterly meeting of such council. (k) Or the council of any borough may contract for the maintenance of its prisoners in the county gaol, (1) or in the prison of any other borough, (m) and if the latter borough have a separate court of quarter sessions, such prisoners may be tried and punished there. (n)

V. JUSTICES, POLICE, &c.

Justices of Peace.] It has been already mentioned that the mayors, aldermen, &c. of the several boroughs to which this Act extends, go out of office on the 26th December 1835; (o) but such of them as are justices of the peace for their respective boroughs, at the time of the passing of this Act, shall continue to act as such until the 1st May, 1836. (p) The mayor of every borough is also, ex officio, a justice of the peace for it, and shall act as such, not only during his year of office, but for the year next following also. (q) So the recorder, if appointed, is, ex officio, a justice of the peace for the borough. (r) Besides these, the king may assign to so many persons, as he may think proper, his commission to act as justices of the peace in and for each of the boroughs, cities, and towns named in sch. A. and for such of the boroughs in sch. B. to which he may be pleased, on petition of the council thereof, to grant a commission of the peace, (s) and the persons so assigned, shall reside within the borough, or within seven miles thereof; (t) but it is not necessary that they should have the usual qualification by estate, nor is it necessary that they should even be burgesses; (u) they shall not, however, sit as justices at the quarter sessions, &c., nor interfere in the making or levying of the county rate, or other rate in the nature of it (x). The justices, so assigned, shall take the oaths, &c. before they act. (y) And, lastly, in every borough, to which the king

(i) Sect. 114. (1) Sect. 114. (n) Id.

Sect. 38.

Sect. 103.

(t) Id. (x) Id.

(k) Sect. 116.

(m) Sect. 115.

(e) Sect. 38. & Ord.C. 11 Sep. (q) Sect. 57.

(s) Sect. 98.

(u) Sect. 101.
(y) Sect. 104.

shall not grant a separate court of quarter sessions, the justices of the county, within which such borough is situate, shall exercise in it the same jurisdiction as they may in any other part of the county. (z)

The justices of every borough, to which a separate commission of the peace shall be granted, shall appoint a fit person to act as clerk to such justices, and which person shall not be an alderman or councillor, or the clerk of the peace for the borough, or any partner of, or clerk, or person in the employ of such clerk of the peace. (a) This clerk to the justices shall not, by himself or his partner, be interested or employed in the prosecution of offenders committed for trial by the justices. (b)

All summons and warrants issued by the justices of a borough, in any matter within their jurisdiction, may be served or executed, at any place within the county in which such borough is situate, or at any place within seven miles of such borough, without being backed. (c)

Salaried Justices.] If the council of any borough shall think it requisite that a salaried police magistrate or magistrates should be appointed within such borough, they may make a bye-law, fixing the amount of salary he or they are to receive; and upon transmitting this to one of the principal secretaries of state, the King may appoint one or more barristers, (according to the number fixed in the bye-law), of not less than five years' standing, to be police magistrate or magistrates for the borough, with a fixed salary, to be paid out of the borough fund. (d) And upon any subsequent vacancy, no new appointment shall take place, until the council shall in like manner make application to one of the secretaries of state in that behalf. (e)

Police Office.] And in all boroughs, to which a separate commission of the peace shall be granted, the council shall provide and furnish one office or more, to be called the Police Office or offices, for the purpose of transacting the business of the justices of such borough; the necessary expenses of which shall be paid out of the borough fund. (ƒ)

Watch Committee.] The council, immmediately after the first election, and from time to time afterwards as may be expedient, shall appoint a sufficient number of members of their own body, who, with the mayor, shall be called the Watch Committee; which committee, within three weeks after their formation, and so from time to time afterwards as occasion may require, shall appoint a sufficient number of fit men to act as constables for the said borough, to keep the peace by day and by night, to prevent robberies and other felonies, and apprehend offenders (g);

they may make regulations for them, and may dismiss them for negligence in the discharge of their duty, or being unfit for the same. (h) Upon constables being thus appointed by the watch committee, all the present provisions in local acts as to watchmen, constables, patrol, &c. within the borough, shall cease; and all the watch-houses, watch-boxes, arms, &c. shall be given up, for the use of the constables appointed under this Act. (i)

The watch committee, four times in every year, shall transmit to one of the secretaries of state a report of the number of constables or policemen in such borough, their arms, clothing, wages, station-houses, &c., and also of the regulations made for their guidance. (k)

Constables or Policemen.] A sufficient number of fit men shall be appointed by the watch committee, as already mentioned, and sworn in before some justice of the peace for the borough, to act as constables for preserving the peace by day and by night, preventing robberies and other felonies, and apprehending offenders against the peace; and such constables shall have all the powers, and be liable to the same duties, as any other constables, and shall act as such, not only within the borough, but also within the county in which such borough is situate, and in any place within seven miles of such borough; and within this extent, they shall obey the commands, not only of the borough justices, but of the justices of the county in which they shall be called upon to act (1). They may apprehend all idle or disorderly persons breaking the public peace, or whom they shall justly suspect of an intention to commit a felony. (m) The constable at the watch-house, at night, may take bail in cases of petty misdemeanors. (n) Constables guilty of neglect of duty or disobedience of orders, may, upon summary conviction, be fined or imprisoned. (0) Persons assaulting or resisting them in the execution of their duty, are punishable either upon summary conviction or by indictment. (p)

The watch committee shall make such regulations as they may deem expedient, for preventing abuse or neglect, and for rendering such constables efficient in the discharge of their duties. (q) And such committee, or any two justices having jurisdiction within the borough, may dismiss any constable whom they shall think negligent in the discharge of his duty, or otherwise unfit for the same; and if dismissed, he shall not be re-appointed without the consent of two such justices. (r)

The treasurer of the borough shall pay the constables their

wages, &c., and such rewards for extraordinary exertion, such compensation for wounds, &c., as the watch committee (with the approbation of the council,) shall direct. (s)

Special Constables.] In October, in every year, two or more justices of the peace, having jurisdiction within any borough, shall nominate and appoint so many of the inhabitants as they shall think fit, to act as special constables, whenever they shall be required to do so by the warrant of a justice of peace; they shall be paid 3s. 6d. per day, when on duty; and shall have the same powers and immunities, and be liable to the same duties and penalties, as other special constables under stat. 1 & 2 W. 4. c. 41. (t)

VI. TRUSTEES.

Trustees for Charities.] In all boroughs, where the corporate body, or any part thereof, were, at the time of the passing of this act, solely, or together with others, seised or possessed of property as trustees for any charitable use, the individuals forming the body so seised or possessed shall continue such trustees until the 1st August 1836, notwithstanding they may have before then eeased to hold office, &c.; and then the Lord Chancellor shall appoint trustees in their stead. (u)

Trustees for other purposes.] When the former body corporate of a borough, or any member thereof in his corporate capacity, were the sole trustees for the execution of any Act of parliament, or of any trust not relating to charities, the present body corporate of the borough shall be trustees for executing the same by their council. (x) But where they were such trustees jointly with others, in that case the council shall appoint a like number of its members to be trustees instead of the members of the former corporate body; (y) as to the time at which such appointment is to be made. (%)

The trustees appointed by act of parliament, for paving, lighting, cleansing, &c. any borough, who are not personally, or as trustees for others, interested therein, may, if they think fit, transfer their trusts to the body corporate of the borough, who shall thereafter execute such trusts by their council. (a)

Sect. 82. (u) Sect. 71. (y) Sect. 73. (a) Sect. 75.

(t) Sect. 83.
(a) Sect. 72.
(z) See sect. 74.

VII. PROPERTY, PENSIONS, COUNTY RATE, &c.

Property.] The rents, profits, interest, &c. of the corporation property, and all fines for offences against this Act, shall be paid to the treasurer, and carried to the account of the borough fund; which, after payment of debts, interest, &c., shall be applied to the payment of the salaries of the mayor, recorder, police magistrate, town clerk, treasurer, and other officers,-to the payment of the expenses of preparing and printing burgess' lists, ward lists, notices, and other matters attending elections,-to the payment of costs of prosecutions, the maintenance and punishment of offenders, maintaining gaols and corporate buildings, payment of constables, &c. (b) If there be a surplus, it shall be applied for the public benefit of the inhabitants and improvement of the borough; if the fund be insufficient, the deficiency shall be made up by a rate. (c) The treasurer's accounts shall at all times be open to the inspection of the aldermen and councillors, shall twice in every year be audited by the auditors of the borough, and an abstract of them yearly shall be printed, for the use of the ratepayers. (d)

The council of a borough shall not sell or mortgage the lands, &c. belonging to the corporate body, or lease them for a longer term than thirty-one years, and at a reasonable rent without fine, without the leave of the Lords of the Treasury, unless bound to do so by some contract, &c., made before the 5th June, 1835; (e) but of land for building, &c., and on which the lessee shall contract to erect buildings of the yearly value of the land, they may grant leases for seventy-five years. (f) And the council first appointed shall have power to call in question all sales, leases, &c., and distributions of property of which the corporate body were seised or possessed, either in their own right or as trustees, made after the 5th June, 1835, in the manner pointed out by the statute. (g) If, however, any such body corporate be seised or possessed as such, and not as charitable trustees, of any lands, &c., to which an advowson or right of presentation to a benefice is appurtenant, or of any advowson in gross, &c., such advowson or presentation shall be sold by direction of the ecclesiastical commissioners, the produce vested in the public funds, and the interest yearly carried to the account of the borough fund. (h)

Pensions, &c.] All pensions or allowances granted to retired officers, &c., on or before the 5th June 1835,—all stipends or allowances paid to the ministers of churches or chapels, masters of

(b) Sect. 92. (d) Sect. 93. (f) Sect. 96.

(h) Sect. 139.

(c) Id.

(e) Sect. 94, and see s. 95. (g) Sect. 97.