INDEX.

A.

Abatement, none to be of suits in borough courts of record, by
reason of any change of jurisdiction, 164.

Absence from a borough, what, shall vacate the office of mayor,
alderman, or councillor, 77; penalty for it, 77.

Acceptance of office, declaration of, to be made by mayors,
alder-
men, councillors, before they act, 73, 74; when to be made,
76; form of the declaration, 74; acting without having made
it, penalty, 78, 80.
Account, to be rendered by town-clerk, 85; treasurer, 85, 92;
and other officers, 85, 92. Accounts of the treasurer to be
submitted twice every year to the auditors, 129, 139.
Actions against persons for any thing done under this act venue,
177; limitation, 177; notice of action, 177; plea, 177; ten-
der of amends, &c. 177; costs, 177.

Admiral of the Cinque Ports, office of, not affected by this act,
150.

Admiralty jurisdiction, with respect of the office of coroner,
saved, 91.

Admiralty jurisdiction in boroughs, chartered exemptions from,
abolished, 150.

Admission of freemen, how hereafter, 29; fees on admission, 27.
See "Freemen."

Advowson, corporations seised of, shall sell the same, 182; pro-
ceeds to be invested in government securities, and the interest
carried to the borough fund, 183.

Affirmation instead of oath, 48.

Aldermen, to be elected in every borough, 50, 51, by the coun-
cillors, 51, 52; how many, 51; one-half to go out of office
every third year, and others to be elected in their stead, 52;
those going out of office may be re-elected, if qualified, 52;
vacancies in the meantime, how filled up, 52. Qualification
for office, what, 53, 54; not to be persons in holy orders, or
the regular ministers of any dissenting congregation, 53; not
to hold place of profit, or be interested in any contract, under

the council, 54. Aldermen to accept office, or be fined, 75;
becoming bankrupt or insolvent, to lose their office, 77; acting
without being qualified, penalty, 78-80. Declaration of
acceptance of office and of qualification, to be made by them,
73, 74; when to be made, 76; form of it, 74; declaration as
to qualification to be made every three years, if required, 74;
acting without having made such declaration, penalty, 78-80.
Absence of, from the borough, what, shall vacate the office, 77;
penalty for it, 77. An alderman to preside at ward elections,
68, 69; neglect of duty in that behalf, penalty, 71, 72. The
aldermen, together with the mayor and councillors, form the
council, 51, 52. Alderman not to be recorder, 146, or clerk
to the magistrates, 143, 144.

Aldermen, under the old system, when to go out of office, 1, 62,
63; capable of being re-elected under this act, 62; such of
them as are justices of peace may act as such until the 1st
May, 1836, p. 1, 62, 63.

Aliens not to be burgesses, 35.

Allowances. See "Pensions."

Alms, persons having received, within a year, not to be enrolled
as burgesses, 35, 36.

Appeal against a borough rate, 127.

Appeal against a conviction under this act, 175; notice thereof,
175; recognizance, 175; costs, 176.

Appeal to the lords of the treasury, against the determination of
the council as to the compensation to officers, 94.
Apprentices. See "Freemen."

Arsenals of the crown, this act not to extend to the watching,
lighting, &c. of, 120, 121.

Assault on constable in the execution of his duty, penalty, 111;
or the offender may be indicted, 112.

Assessors, two to be elected by the burgesses, 55, annually, from
the persons qualified to be councillors, 61; election to be the
same as for councillors, 61, but each burgess to vote for one
only, 61, 62. In boroughs divided into wards, two assessors
to be elected for each ward, 68; when, how, and before whom
the election to be, 68, 69. Election upon an occasional
vacancy, when, before whom, how, and for what time, 70, 71.
Assessor not to be member of the council, or town-clerk, or
treasurer, 62. Assessor to accept office, or be fined, 75. De-
claration of acceptance of office and of qualification to be made
by assessors, before they act, 73, 74; when to be made, 76;
form of it, 74. Acting without having made such declaration,
or without being qualified, penalty, 78-80. Neglect or re-
fusal of assessors to revise burgess lists, or to conduct or declare
elections, penalty, 71, 72.

Attorney who may act as attornies in the courts of record in
boroughs, for the trial of civil actions, 164. An attorney may
be a town-clerk, 83.

Auditors, two to be elected by the burgesses, 55, annually, from
the persons qualified to be councillors, 61; elections to be the

same as for councillors, 61, but each burgess to vote for one only, 61, 62. Election upon an occasional vacancy, when, before whom, how, and for what, time, 70, 71. Auditor to accept office, or be fined, 75. Declaration of acceptance of office and of qualification to be made by auditors, before they act, 73, 74; when to be made, 76; form of it, 74. Acting without having made such declaration, or without being qualified, penalty, 78-80. Accounts of treasurer to be submitted twice a year to the auditors, 129, 130.

B.

Bail may be taken in petty misdemeanors, by the constable at the watch-house, 109; recognizance, how conditioned, 110; how forfeited, estreated, &c. 110; in what cases enlarged, 111. Bankrupt: mayor or councillor becoming bankrupt, to lose his office, 77.

Barracks of the crown, act not to extend to the watching, lighting, &c. of, 120, 121.

Barrister. See "Revising Barrister.”

Berwick-upon-Tweed, a county of a town, 151; provisions of 38 G. 3. c. 52, as to trial in adjoining county, extended to it,

151.

Body corporate, meaning of the term in this act, 186.

Bodies corporate, to be hereafter styled "The Mayor, Aldermen, and Burgesses of "30.

Booths to be provided for polling at corporate elections, if necessary, 57, 58.

Borough, meaning of the term in this act, 186.

Borough courts of record. See "Court of Record."

Borough fund the annual proceeds of the corporate property, and all fines received, shall be carried to the account of this fund, 123. This fund (subject to the payment of debts and other lawful claims) shall be applied to the payment of salaries, expenses of burgess lists, &c., expenses of prosecutions, of maintaining gaols, &c. 124, 125; expenses of the overseers, &c. 50; if there be a surplus, it shall be applied for the benefit of the inhabitants, &c. 125; if the fund be insufficient, the council shall order a borough rate, to make up the deficiency, 126, 127, (appeal against such rate, 127.) What penalties, under convictions to go to the borough fund, 170.

Borough rate, in what cases, 126, 127; appeal against it, 127. Boundaries of boroughs: those mentioned in sect. 1, of sch. (A) and (B), shall have the same limits as are set out in the boundary act, 2 & 3 W. 4. c. 64. sch. (O); those in sect. 2, to have the same boundaries as now, 30-32.

Boundaries of wards: where boroughs are divided into wards, the boundaries of the wards are to be determined by the revising barristers, 2, 63-65.

Bribery at corporate elections, penalty, and party disqualified from voting at any election, from holding office, 80, 81, if pro

secuted within two years, 82; but persons offending, discovering others who have so offended, to be discharged from all penalties, &c. 81, 82.

Bristol the provisions of 38 G. 3. c. 52, as to trial in adjoining county, extended to it, 151.

Burgess, meaning of the term in this act, 186.

Burgesses, to be occupiers of houses or shops, &c. within the borough, rated as such, and resident householders in, or within seven miles of the same, 2, 33, 34, n. 38; aliens not to be burgesses, 35; nor persons who have received parochial relief, &c. within a year, 35,36. Occupiers of houses or shops in boroughs, may claim to be rated to the poor, 36, & n. What occupation sufficient for those becoming entitled to such houses, shops, &c. by descent, marriage, devise, office, &c. 37, 38. Overseers of the poor annually to make lists of those entitled to be burgesses, to be called" burgess lists," and deliver them to the townclerk, who shall cause them to be printed, and a copy affixed to the town hall, 39, 40; how, in boroughs where there is no town-clerk, 40; how, in precincts, &c. where there are no overseers, 41. Persons, omitted in these lists, may give notice thereof to the town-clerk, 41; so persons, objecting to others on the list, to give notice thereof to the town-clerk, 42; townclerk to make lists of those claiming and objected to, 42, 43, which are to be revised the first year by barristers for that purpose appointed, 46-48, and every year afterwards by the mayor and assessors, 43; how revised, 43-46. Revised lists to be copied into books, which shall be the "burgess roll" of the burgesses entitled to vote in the elections of councillors, assessors, and auditors, 49; copies thereof to be printed for sale, 50. In boroughs divided into wards, lists shall be made of the burgesses in each ward, to be called "ward lists," 69, 70, and each burgess shall vote in that ward in which his property is situate, 69. Burgesses, in boroughs having quartersessions, exempt from serving on juries at quarter-sessions of the county, 167.

Burgess lists, to be made out annually by the overseers, and delivered to the town-clerk, who shall cause them to be printed, and a copy affixed to the town hall, 39, 40; how, in boroughs where there is no town-clerk, 40; how, in precincts, &c. where there are no overseers, 41. How revised, see " Burgesses."

Burgess roll, to consist of the revised lists of the burgesses, copied into books, 49; copies thereof to be printed for sale, 50. Bye-laws the council may make bye-laws, 121, and appoint fines for the breach of them, which may be recovered in a summary way, 123; but such bye-laws not to be in force, until after being submitted to a secretary of state, 122.