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stipendiary magistrate may decide in all such cases where the law otherwise requires two justices of the peace.

The town magistrates, whether salaried or not, have not, generally speaking, the right to assist at the jail delivery at quarter sessions. If the jurisdiction of the county be not expressly excluded by the non-intromittant clause it has concurrent jurisdiction therein; from the decisions of the town magistrates, appeal always lies to the quarter sessions; the Queen can, however, on petition of the council of any borough, erect a separate court of quarter sessions to be holden there. If the application is granted, the crown appoints a recorder who is the sole judge of such court of quarter sessions. In matters of administration pertaining to the town boards he is not authorized to decide, and still less in matters relating to the granting of licenses and the levying of rates, which concern the quarter sessions.

The town government is managed by a council, and in the more restricted sense by the mayor and aldermen. The councillors are elected by the burgesses, and the mayor and aldermen by the council, one third of the latter quit office annually, but those resigning are eligible.

Every person who is a male of full age, not an alien, nor having received within the last twelve months parochial relief, who on the last day of August in any year shall have occupied any house, warehouse, or shop, within the borough during that year, and the whole of the two preceding years, and during such occupation shall also have been an inhabitant householder within the borough, or within seven miles thereof, and shall during such time have been rated in respect of such premises, to all rates for relief of the poor, and have paid all such rates, and all borough rates in respect of the same premises, excepting those payable for the last six calendar months-is entitled to vote on the election of town councillors.

On the 5th September every year, the overseers of the poor make up the burgess-roll, which, between the 1st and 15th October, is revised by the mayor and two assessors. On the 9th of November the mayor, aldermen, and common councilmen are elected. The mayor is in office for one year, but may, on the termination thereof, be re-elected. He presides in the common council, and is a justice of the peace for two years successively. If the place be represented in parliament, he is likewise during

his term of office the returning officer. Aldermen are elected for six years from the body of town councillors.* Every three years one-half retires; upon emergency they represent the mayor, but in reality are merely members of the town council, holding a more prominent position.† They take their share in the business of the administrative committees, but do not constitute a magisterial body. The mayor, aldermen, and common councilmen form the "corporation." There is no interference or ratification on the part of the government; in the event of an election, if the admission to office of any one duly elected be withstood, the Queen's Bench intervenes by writ of mandamus. If an individual has been illegally admitted, he may be removed by a writ of quo warranto.

The common council meets once a quarter (and oftener, if due notice be given) for transacting the general business of the borough. At any meeting where two-thirds at least of the whole attend, the council may make bye-laws for the good rule and government of the borough; the mayor, or presiding member, has a casting vote. When the paving and lighting pertain to the town, the council issues definitive orders, and has also the right to make orders for the prevention and removal of nuisances, and the imposition of fines and imprisonment extending to one month, in regard to which the council may proceed summarily. The council may appoint a town-clerk and a treasurer-neither of whom is to be a member of the council; the former is appointed during pleasure, and must be a lawyer. The town may appoint as many salaried officers as it likes, and ample use is made of the privilege. The auditors of accounts are elected annually by the body of burgesses; and if the borough have a separate court of quarter sessions, a coroner and a clerk of the peace are appointed. Where the town business is not transacted by salaried functionaries, it is attended to by committees consisting chiefly of the aldermen. In every town there is a watch committee for the police administration, presided over by the mayor. Every town, as a rule, has its own salaried police, which may also be introduced where no town corporation exists. Any town is empowered to have lunatic asylums, houses of correction, and prisons of its own. Since 13 and 14 Vict. c. 35, public libraries and museums may be introduced into boroughs, under control of the town council. In the City of London aldermen are Kerr, Blackstone, ed. 1857, i. 525.

elected for life.

The accounts shall at all times be open to inspection, and regularly audited and printed for the use of the ratepayers; the surplus, if any, shall be expended for the public benefit of the inhabitants. The town boards have also the privilege of levying for municipal purposes a borough rate, which is now assimilated to the county rate, and can only be imposed when a deficiency is to be made good. The town corporations are empowered to sue and be sued. Charitable institutions are no longer administered by the town, but by special trustees appointed by the Lord Chancellor. In their financial administration the towns are controlled by the state government, having to transmit annually to the home secretary reports of their expenditure, to be laid before both houses of parliament. It is provided, also, that generally, and subject to certain exceptions, the council shall not sell or mortgage the land or public stock of the borough or demise them for more than a certain term. Bye-laws do not come into force until forty days after the passing thereof; and a copy is to be transmitted to the secretary of state. Within said forty days the Queen in privy council can set aside any bye-laws or separate clauses thereof. On petition of the inhabitants residing in a district addressed to the privy council, the Queen may grant a corporation to localities not hitherto incorporated.

CHAPTER VI.

THE METROPOLIS AND ITS PRESENT CORPORATION.

Police Courts.-Metropolitan Police.—Board of Works.-City Corporation.—Survey of the Corporation at large.

THE vast agglomeration of communities constituting modern London, and comprising nearly 3,000,000 of inhabitants, or more than one-seventh of the entire population of England and Wales, does not possess a corporation in common. Certain institutions, however, originating out of necessity, have been established, which, to a certain extent, are of general application throughout the metropolis.

I. Towards the close of the last century, it became apparent that the powers of justices of the peace were inadequate for the requirements of the metropolis. With the exception of the City, London was accordingly divided into twenty-three district courts, presided over by as many stipendiary magistrates, barristers of seven years' standing being appointed. These magistrates hold office during good behaviour, and, like stipendiary magistrates in other towns, are invested with judicial but not ministerial authority; they have also power to punish constables for infractions of duty.

II. The unsatisfactory condition of the London police induced Sir R. Peel, in 1829, to inaugurate, under the "Metropolitan Police Act," a system modelled on that of the continent. At the head of this body is placed a chief commissioner, with two assistant commissioners nominated by the home secretary, and constituting the sole central police board for the entire metropolis, with the exception of the City. To cover the charges incidental, a police-rate may be imposed on the entire police district, the Treasury bearing one-third of the expenses. The City has its own commissioner appointed by the common council, under approval of the home secretary. The commissioners have co-ordinate jurisdiction with the magistrates, appoint the subordinates, and have the privilege of proposing persons for the higher posts;

they suspend policemen from their functions, have the right of supervision over cabs and carriages, and issue regulations relative to the traffic in markets and streets. Outside the city there are 5807 police officers under a superintendent inspector. A mere penalty of £5, or one month's imprisonment, is inflicted in case of resistance to or assault committed on policemen; this mild system has, however, been found to answer completely in London.*

III. By the " Act for the better Local Management of the Metropolis," a permanent central board has been constituted, termed "The Metropolitan Board of Works." The members are chosen from the district boards of works and from the city boards; it is presided over by a chairman, with a salary ranging from £1500 to £2000. The board superintends the repairs and erection of all public buildings, the paving, lighting, sewerage, and layingout of streets, and carries out improvements generally. By means of bye-laws it may likewise inflict penalties ranging up to £2, and, with the consent of the home secretary, may effect expropriations. In matters relating to charges or penalties imposed, appeal lies to the quarter sessions. The local board of works of the parish and the district boards have analogous func tions; parishes having over 2000 registered householders are apportioned by the commissioners into wards; in each parish there is an auditor of accounts as well as a special board chosen by ballot. Every ratepayer who has resided in the parish one year previous to the election is entitled to vote. One-third of those elected retires annually. The individual boards consist of 18 to 120 members; many parishes constitute but one districtthe governing body being chosen from the several parish boards. The subordinate bodies can only raise loans with consent of the metropolitan board; they are empowered to pass bye-laws, but appeal lies from their decisions to the Metropolitan Board of Works, which, in such event, appoints a committee of inquiry.‡

IV. The fire-engine system is an affair that concerns the parish; the same holds good with regard to London at large. The general inadequacy of the system, especially as to the metropolis, induced the great insurance companies, as far back as 1820, to help themselves in right English fashion. Fire-engines were Statutes at large, 1855.

* Gneist, ii. 444.
† 18 and 19 Vict. c. 120.

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