petition for the appointment to the Secretary of State, and thereupon it shall be lawful for the Queen to appoint to that office a barrister of seven years standing.1

(2.) He shall hold office during Her Majesty's pleasure. (3.) He shall, by virtue of his office, be a justice for the borough.2

(4) There shall be paid to him such yearly salary, not exceeding, except with the consent of the council, that mentioned in the petition, as Her Majesty from time to time directs.3

(5.) It shall be paid by four equal quarterly payments, and in the same proportion up to the time of his death or ceasing to act.

(6.) On a vacancy, a new appointment shall not be made. until the council again make application as before the first appointment.

(7.) More than one stipendiary magistrate may be appointed for a borough.

1 This section requires that the person appointed shall be a barrister of seven years' standing. Under sec. 99 of the Municipal Corporations Act, 1835, it was only required that he should be of not less than five years' standing.

2 As to the oaths to be taken and the declaration to be made by a borough justice, see notes to sec. 157.

3 The remuneration of the stipendiary magistrate may be paid out of the borough fund without an order. See Fifth Schedule, p. 229.

BOROUGH QUARTER SESSIONS: RECORDER: CLERK OF THE PEACE.

Grant of Separate Court of Quarter Sessions.

162.-(1.) It shall be lawful for the Queen, on the petition to Her Majesty in Council of the council of a borough, to grant that a separate court of quarter sessions be holden in and for the borough.

(2.) The petition shall set forth the grounds of the application and the salary which the council are willing to pay to the recorder.

(3.) The grant may be made on and subject to such terms and conditions, if any, as to Her Majesty in Council seem fit.

(4.) Within ten days after receipt of the grant the council shall send a copy thereof, sealed with the corporate seal, to

the clerk of the peace of the county, or each county if more than one, in which the borough or any part thereof is situate.

The Municipal Corporations Act, 1835, required that the application should set forth the state of the gaol. These words are omitted in consequence of the provisions of the Prisons Act, 1877.

The Recorder.

163.-(1.) It shall be lawful for the Queen from time to time to appoint for a borough having a separate court of quarter sessions a barrister of five years standing to be recorder of the borough.

(2.) He shall hold office during good behaviour.

(3.) He shall, by virtue of his office, be a justice for the borough.

(4.) He shall not act as recorder, or as a justice, until he has taken the oaths required to be taken by a borough justice, and made before the mayor or two other members of the council a declaration as in the Eighth Schedule.1

(5.) He shall have precedence in all places within the borough next after the mayor.

(6.) He shall not, during his office, be eligible to serve in Parliament for the borough, or be an alderman, councillor, or stipendiary magistrate of the borough; but he may be appointed revising barrister for the borough, and shall be eligible to serve in Parliament except for the borough.

(7.) There shall be paid to him such yearly salary, not exceeding that stated in the petition on which the grant of a separate court of quarter sessions was made, as Her Majesty directs; but the same may at any time be increased by resolution of the Council, approved by the Secretary of State, without the resignation and re-appointment of the recorder being necessary.2

(8.) A person may be appointed recorder of two or more. boroughs conjointly.

1 As to the oaths to be taken by a borough justice, see secs. 157 (2) and 239; and for form of declaration, see Form B, in Part I., of Eighth Schedule, p. 233. 2 The remuneration of the recorder may be paid out of the borough fund without an order. See Fifth Schedule, p. 228.

The Clerk of the Peace.

164.-(1.) The council of a borough having a separate court of quarter sessions shall from time to time appoint a fit person to be the clerk of the peace for the borough.

(2.) The clerk of the peace shall hold office during good behaviour.

(3.) The clerk of the peace may from time to time, by writing signed by him, appoint a fit person to act as deputy for him, in case of his illness, incapacity, or absence.

(4.) The appointment of the deputy shall be signified in writing, signed by the clerk of the peace, to the council, and shall be recorded in their minutes.

(5.) Where a table of the fees to be taken by the clerk of the peace has been made by the council and confirmed by the Secretary of State, and is for the time being in force, the clerk of the peace, if paid by fees, may take the fees to which he appears by that table to be entitled.

(6.) The council may from time to time make a new table of the fees to be taken by the clerk of the peace, but shall submit every such table to the Secretary of State for confirmation, and he may confirm and allow the same, either as submitted, or with such alterations, additions, or abatements as he thinks proper, and any such table shall be of no validity until it is so confirmed.

From R. v. Hayward, 2 B. & S. 585; 31 L. J., M. C. 177; 9 Jur., N.S., 45, it would appear that the removal of the clerk of the peace for misbehaviour is vested in the recorder and not in the town council.

With regard to the appointment of an assistant by the clerk of the peace when a second court of quarter sessions is formed, see sec. 168 (5); and as to the duties of the clerk of the peace with respect to fines and forfeitures, see

sec. 222.

Recorder to hold Court of Quarter Sessions.

165. (1.) The recorder shall hold, once in every quarter of a year, or oftener, if and as he thinks fit, or the Secretary of State directs, a court of quarter sessions in and for the borough.1

(2.) He shall sit as sole judge of the court.

(3.) The court shall be a court of record, and shall have cognisance of all crimes, offences, and matters cognisable by courts of quarter sessions for counties in England; and the recorder shall, notwithstanding his being sole judge, have power to do all things necessary for exercising that jurisdiction as fully as those courts.2

(4) But the recorder shall not, by virtue of his office, have power

(a.) To allow, apportion, make, or levy any borough rate; or

(b.) Subject to the provisions of this Act respecting appeals from a rate, to do any act in relation to the allowance, apportionment, making, or levying of any rate whatsoever; or

(c.) To grant any licence or authority to any person to keep an inn, alehouse, or victualling house to sell exciscable liquors by retail; or

(d) To exercise any power by this Act specially vested in the council.

1 The authority of the recorder is not determined or suspended by the judges coming into the county, and acting under their commissions of øyer and terminer and general gaol delivery; and therefore he may hold quarter sessions of the peace during the time of the assizes in the same county. Smith v. Reg. (in error), New Sess. Cas. 564; 13 Q. B., 738; 18 L. J., M. C. 207; 13 Jur., 850.

2 The 8 & 9 Wm. 3, c. 30, s. 6, provides that "the appeal against any order for the removal of any poor person from out of any parish, &c., shall be had, prosecuted, and determined at the general or quarter sessions of the peace for the county, division, or riding wherein the parish, &c., from whence such poor person shall be removed, doth lie and not elsewhere, any former law or statute to the contrary thereof in any wise notwithstanding. The court of quarter sessions of a borough having a grant of such court have, however, exclusive jurisdiction in the trial of appeals from orders of removal made by justices of the borough. R. v. Justices of Salop, R. v. Justices of Lancashire, R. v. Justices of Suffolk, 10 L. J., M. C. 138; 1 G. & D. 146; 2 Q. B. 85; 5 J. P., 484. In a case where justices of the borough of L. made an order for the removal of a pauper from L. to A., notice of appeal was given by the overseers of A. to the sessions of the county in which L. was situate, instead of to the borough sessions. The overseers having discovered their error, a letter was written one day before the holding of the borough sessions, abandon.

ing the notice. The respondents, however, attended at the last-named sessions,

and obtained an order for their costs. It was held that the recorder for the borough had jurisdiction to make such order, and that, under the circumstances, the respondents were entitled to their costs. Reg. v. Recorder of Leeds, 30 L. J., M. C. 86; 3 L. T., N.S. 699.

An indictment for keeping a disorderly house can be tried by the recorder at the court of quarter sessions, R. v. Charles, 7 Jur., N.S. 1308.

The recorder has power to reserve questions of law for the consideration of the Court for Crown Cases reserved. R. v. Masters, 3 New Sess. Cas. 326; 12 Jur., 942.

Power to Appoint Deputy Recorder.

166. (1.) The recorder may, in case of sickness or unavoidable absence, appoint, by writing signed by him, a barrister of five years standing to act as deputy recorder at the quarter sessions then next ensuing or then being held, and not longer or otherwise.

(2.) But the sessions shall not be illegal, nor shall the acts of a deputy recorder be invalid, by reason of the cause of the absence of the recorder not being unavoidable.

Powers of Mayor in Absence of Recorder and Deputy

Recorder.

167.-(1.) In the absence of the recorder and deputy recorder, the mayor shall, at the times for the holding of the court of quarter sessions, open the court, and adjourn the holding thereof, and respite all recognisances conditioned for appearing thereat, until such day as he then and there, and so from time to time, causes to be proclaimed.

(2.) But nothing in this section shall authorize the mayor to sit as a judge of the court for the trial of offenders, or, save as aforesaid, to do any other act in the character of a judge of the court.

Power for Recorder to form a Second Court.

168.-(1.) If at any time it appears to the recorder that the quarter sessions are likely to last more than three days, including the day of assembling, he may in his discretion, but subject to the provisions of this section, order a second court to be formed, and appoint by writing signed by him a barrister of five years standing to preside therein, and try such felonies and misdemeanours as shall be referred to him therein.

(2.) The barrister so appointed shall be styled assistant recorder, and shall have and exercise the same powers, subject to the same regulations (save as regards the making of a declaration as in the Eighth Schedule) as the recorder; and the proceedings had by and before the assistant recorder shall be as effectual as if had by or before the recorder, and shall be enrolled and recorded accordingly.1

(3.) But the assistant recorder shall not have any power or jurisdiction except while the recorder is sitting in quarter sessions; save that the assistant recorder may finish any case in which the prisoner has pleaded, and in the trial whereof the assistant recorder is actually engaged at the time when the recorder ceases to sit, and may sentence any prisoner tried before him, but not then sentenced.

(4.) If at any time during the sitting of the second court the recorder is of opinion that it is no longer required, he may direct the assistant recorder at a proper opportunity to adjourn it.

(5.) Where a second court is so formed, the clerk of the peace shall, on the request of the recorder, appoint an