Page images
PDF
EPUB

(a) Boroughs within this section are not thereby exempted from rates assessed on the hundred under 7 & 8 Geo. 4, c. 3. (Birley v. Inhabitants of the Hundred of Salford, 11 M. & W. 391.) Boroughs with separate courts of quarter sessions, are exempt from contributing towards the expenses of the county under the Contagious Diseases (Animals) Act, 1878 (41 & 42 Vict. c. 74), s. 47 (2). By the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), s. 51, the treasurer of the county, in which a quarter sessions borough is situate, is to exclude from the account of moneys expended out of the county rate to which the borough is liable, all sums expended in pursuance of this Act.

Note.

Sect. 150.

quarter

expenses of

151. The municipal corporation of a borough having Liability of a separate court of quarter sessions shall be liable to pay sessions such sums, if any, as are expended out of the county rate borough for prosecution of the county in which the borough is situate, and as are not otherwise paid or chargeable, in respect of the costs county. arising out of the prosecution, maintenance, conveyance, transport, or punishment of all offenders committed for trial from the borough to the assizes for the county (a).

(a) The maintenance of offenders is now a charge on the government under the Prisons Act, 1877 (40 & 41 Vict. c. 21.) As to conveyance of prisoners, see Mullins v. Surrey, L. R. 7 App. Cas. 1. In that case it was decided that the expenses of conveying to prison persons who are committed to prison either for punishment, or to take their trial, and are unable to pay those expenses, are 66 expenses incurred in respect of the maintenance of prisoners" within sects. 4 & 57 of the Prisons Act, 1877, and that those sections transfer the liability for such expenses from county rates to moneys provided by Parliament.

The expense of clothing requisite for the admission of a youthful offender to a reformatory must be defrayed out of moneys provided by Parliament. (Prison Commissioners v. Liverpool, L. R. 4 Q. B. D. 329; 5 Q. B. D. 332.) The maintenance of a criminal lunatic is payable out of the Consolidation Fund. (Mews v. Reg. 48 L. T. (N.s.) 1.)

certain

boroughs to

152.-(1.) If the whole or any part of the area for Liability of the time being comprised in a borough having a separate quarter court of quarter sessions was, before the eleventh of July sessions one thousand eight hundred and thirty-two (a), charge- other county able with or liable to contribute to the county rate of the expenses. county in which it is situate, the municipal corporation shall, in addition to its liability to pay for the purposes mentioned in the last foregoing section, continue liable to contribute to the county rate for other purposes (in this Act referred to as general county purposes), as if this Act had not been passed.

Sect. 152.

38 & 39 Vict. c. 63.

Mode of accounting by borough to county.

(2.) General county purposes shall not include the costs arising out of coroners inquests, or the expenses incurred under the Sale of Food and Drugs Act, 1875, in respect of the county, or, in the case of a borough having its own inspector of weights and measures, the expenses relating to the inspection of weights and measures for the county, or payments to or in respect of special constables.

(a) This is the date of the passing of "an Act to settle and describe the divisions of counties, and the limits of cities and boroughs in England and Wales, in so far as respects the election of members to serve in Parliament." (2 & 3 Will, 4, c. 64.)

153.-(1.) The treasurer of each county shall, not more than twice in every year, send to the council of each borough situate in the county and having a separate court of quarter sessions an account showing separately(a.) The sums, if any, expended out of the county rate in respect of the costs arising out of the prosecution, maintenance, conveyance, transport, or punishment of offenders committed for trial from the borough to the assizes for the county; and (b.) If the borough is liable to contribute to the county rate for general county purposes, all sums expended out of the county rate for general county purposes, and all sums received in aid or on account of the county rate, and the proportion chargeable on the borough of the sums so expended after deduction of the sums so received; and shall make an order on the council for the payment of the sum appearing by this account to be due from the municipal corporation of the borough.

(2.) The council shall thereupon forthwith order the sum so appearing to be due, with all reasonable charges of making and sending the account, to be paid to the treasurer of the county out of the borough fund.

(3.) If the order is not complied with, two justices for the county may, on the complaint of the treasurer of the county, made within one month after the issue of the

order, issue and send to the treasurer of the borough a warrant requiring him to pay to the treasurer of the county, besides the sum mentioned in the order, the additional sum mentioned in the warrant, the same being calculated in the proportion of one shilling to every ten on the sum mentioned in the order; and until payment thereof the treasurer of the county shall have, in respect of the warrant, all the powers for the recovery thereof which are given against a guardian or overseer for the recovery of county rates and surcharges.

(4.) If any difference arises concerning the account, it shall be decided by the arbitration of a barrister, named, on the application either of the treasurer of the county or of the treasurer of the borough, by the Secretary of State. The arbitrator may, if he thinks fit, adjourn the hearing from time to time, and may require all such information to be afforded by either party as he thinks fit. He shall by his award in writing determine the amount to be paid by the council to the treasurer of the county, and his award shall be final and conclusive. He shall also assess the costs of the arbitration and determine by whom and out of what fund they shall be paid.

Sect. 153.

PART VIII.

ADMINISTRATION OF JUSTICE.

County Justices.

of county

154.-(1.) Where a borough has not a separate Jurisdiction court of quarter sessions, the justices of the county in justices in which the borough is situate shall exercise the jurisdic- borough. tion of justices in and for the borough as fully as they can or ought in and for the county (a).

(2.) No part of a borough having a separate court of quarter sessions shall be within the jurisdiction, exercise

M

MUNICIPAL CORPORATIONS.

Sect. 154. able out of quarter sessions (b), of the justices of a county, where the borough was exempt therefrom before the passing of the Municipal Corporations Act, 1835.

Mayor and

last mayor to be borough justices.

Separate com.

mission of

peace.

Qualification

of borough justice.

(a) The county justices, however, cannot refuse to recognize the jurisdiction of the mayor of the borough which has not a separate court of quarter sessions. (Per STEPHEN, J., in Wilson v. Strugnell, L. R. 7 Q. B. D. 548.)

(b) See sect. 165. Appeals under the 9 Geo. 4, c. 61, in respect of licenses must be made to the next general or quarter sessions of the peace holden for the county or place wherein the cause has arisen.

The words "exerciseable out of quarter sessions" have been added with reference to R. v. Dean, 2 Q. B. 96.

Borough Justices.

155.—(1.) The mayor shall, by virtue of his office, be a justice for the borough, and shall, unless disqualified to be mayor, continue to be such a justice during the year next after he ceases to be mayor.

(2.) The mayor shall have precedence over all other justices acting in and for the borough, and be entitled to take the chair at all meetings of justices held in the borough at which he is present by virtue of his office of mayor; except that he shall not by virtue of this section have precedence over the justices acting in and for the county in which the borough or any part thereof is situate, unless when acting in relation to the business of the borough, or over any stipendiary magistrate engaged in administering justice.

156. It shall be lawful for the Queen, on the petition of the council of a borough, to grant to the borough a separate commission of the peace.

157.-(1.) It shall be lawful for the Queen, from time to time, to assign to any persons Her Majesty's commission to act as justices in and for each borough having a separate commission of the peace.

(2.) A justice for a borough shall not be capable of acting as such until he has taken the oaths required to be

taken by justices, except the oath as to qualification by Sect. 157. estate, and made before the mayor or two other members of the council a declaration as in the Eighth Schedule (a).

(3.) He must, while acting as such, reside in or within seven miles of the borough, or occupy a house, warehouse, or other property in the borough (b).

(4.) He need not be a burgess or have such qualification by estate as is required for a justice of a county.

(a) The oaths to be taken by a justice of the peace are the oath of allegiance and the judicial oath. The oath of allegiance is as

follows:"I

do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me God."

The judicial oath is as follows :

"I

do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of justice of the peace, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill-will. So help me God."

These oaths must be taken before such persons as Her Majesty may from time to time appoint; or, in open court at the general or quarter sessions of the peace for the county, borough, or place in which the person taking the oath acts as justice.

On the 4th November, 1871, Her Majesty appointed that the oaths to be taken by a mayor to qualify as a justice of the peace may be taken before any two justices of the peace for the borough of which he is mayor, or if there are no justices, then before any two councillors of such borough.

On the 25th November, 1882, Her Majesty appointed that the oath of allegiance and the judicial oath may be taken by the mayor in the manner mentioned in the Circular of the 4th November, 1871; and by any justice of the peace before the mayor.

Any person permitted by law to make a solemn affirmation or declaration may, instead of taking an oath, make a solemn declaration in the form of the oath, substituting the words "solemnly, sincerely, and truly declare and affirm" for the word "swear," and omitting the words "So help me God."

See the Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), and the Promissory Oaths Act, 1871 (34 & 35 Vict. c. 48), and the Home Office Circulars of the 4th November, 1871, and 25th November, 1882. The justices must also make the declaration in the Eighth Schedule. The 1st section of the 34 & 35 Vict. c. 18, provides that no person shall be capable of becoming, or being a justice of the peace for any county in England or Wales (not being a county of a city, or county of a town) in which he shall practise and carry on the profession or business of a solicitor, or proctor; and where any person practises and carries on such profession or business in any city or town being a county of itself, he shall, for the purposes of that Act, be deemed to carry on the same within the county within which such city or town or any part thereof is situate.

The 2nd sect. of 1 Mary, sess. 2, c. 8, provides that no person exer

« EelmineJätka »