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acts as to
No. V. the act passed in the session of parliament holden in the first anal and collected 5 & 6 W. 4, second years of the reign of his present Majesty, intituled An Act feim Prorded als c. 76.
amending the Laws relative to the Appointment of Special Constables, an Tag and collect
for the better preservation of the Peace, and shall have the powers an* purpose of pa 1&2W.4,c.41. immunities and be liable to the duties and penalties enacted by ttxt or the intere Payment of said last-mentioned act; and every person so appointed a special cork ined and coil special consta- stable shall receive, out of the borough fund, for every day durin
which he shall be called out to act as such, the sum of three shilling to the watch com and sixpence, and no more.
, the firs On notice of LXXXIV. That as soon as constables shall have been appointed bOktober in ered appointment of the watch committee for any borough, a notice, signed by the mayor one of state a constables, the such borough, specifying the day on which such constables shall begias or policemen present provi- to act, shall be fixed on the door of the town hall and every churc arments
, and sions in local
within such borough; and on the day so specified in such notice as of the salariewatching, &c.
much of all acts named in conjunction with such borough in the Schr policemen, and o to cease.
dule (E.) to this act annexed, and of all acts made before the passing aso borough; and this act, as relates to the appointment, regulation, powers, and dutie mal from time or to the assessment or collection of any rate to provide for the es mal of such bore pences of any watchmen, constables, patrol, or police for any places or policemen.
situated within such borough, shall cease and determine; and a 1 and whereas Watchboxes, watch-houses and watch-boxes in any such place, and all arms, accorruse or more loc arms, &c. to be trements, and other necessaries provided at the public expence for and grain other part given up for watchmen, constables, patrol, or police therein, shall be given up today local act fo the use of the such persons as shall be named by the said mayor in such notice, fcu asting the e constables ap- the use and accommodation of the constables to be appointed under the mi great facilie pointed under
act, and all the property so to be given up shall be deemed to belong to state of offende this act.
the body corporate of such borough ; and in case any person having the inful for the cox Penalty for not charge, control, or possession of any watch-house, watch-box, arms val act for the lice giving them up. accoutrements, or necessaries as aforesaid shall neglect or refuse to borough not be
give up the same as herein-before required, every such offender, beint thereof shall
, in set to them
ca the provisio
ering, as fully
u some public 461, to be named
LXXXV. Provided always, That any rate for defraying the expences a so far as the s Proviso as to rates in arrear, of any watchmen, constables, patrol, or police in any such place as es of this act; and as to debts, aforesaid, made previously to the day specified in such notice as afore- fix and det
hact made in th
far the lighting
eing the whole tuons of any lo
med in such no
rectors under the rates for the
a copy of their
ad, shall be levied and collected in the same manner as if this act had No. V. * been passed : Provided also, that nothing herein contained shall 5 & 6 W.4, revent the levying and collecting of any rate in any such place as
c. 76. wresaid for the purpose of paying any debt contracted before the Lessing of this act, or the interest of any such debt, but that such rate
All and may be levied and collected in the same manner as if this act ed not been passed. .XXXVI. That the watch committee of every such borough shall, on Watch coin
first day of January, the first day of April, the first day of July, and mittee to transa first day of October in every year, transmit to one of his Majesty's mit a report, mcipal secretaries of state a report of the number of men appointed to quarterly to the it as constables or policemen in such borough, and of the description secretary of 1
ams, accoutrements, and clothing, and other necessaries furnished state, and also peach man, and of the salaries, wages, and allowances payable to such
rules, &c. castables or policemen, and of the number and situation of all station sises in such borough; and also a copy of all rules, orders, and reguasons which shall from time to time be made by such watch commitee
by the council of such borough for the regulation and guidance of auch constables or policemen.
LXXXVII. And whereas parts of certain boroughs are within the Power for visions of one or more local a or acts for regulating the lighting council to order zzreof, and certain other parts of the same boroughs are not within the parts of a boturisions of any local act for regulating the lighting thereof, and for cough not with
in a local act salt of such lighting the efficiency of the constables may be much
as to lighting to iminished, and great facilities afforded for the commission of crimes be included in and for the escape of offenders; for remedy thereof be it enacted, That such act. A shall be lawful for the council of any borough in any part of which here is a local act for the lighting thereof to make an order that any part of such borough not being within the provisions of any local act sr the lighting thereof shall, from and after a certain day to be named e such order, be taken to be within the provisions of such local act or ats for lighting any part of such borough as the common council shall pecify in such order; and after such day the part named in such order shall be within the provisions of the act or acts so specified, so far as relates to lighting, or to any rates authorized to be levied for the purpse of lighting, as fully as if such part had been originally named in such act or acts, any thing in such act or acts to the contrary notwithsanding: Provided always, that every part named in such order shall Proviso as to be lighted in the like manner as those parts which before the making amount of rate of such order were within the provisions of such local act, and that the for lighting. rate to be raised for the purpose of defraying the expences of lighting any part so named in such order shall not exceed the average expence la the pound of the lighting of the other parts of such borough. LXXXVIII. That if the council of any borough chosen under this Council may act, shall, by public notice to be affixed on the outer door of the town assume the ball or in some public place within the borongh, declare that on a powers of incertain day, to be named in such notice, not less than twenty-one days spectors under after the day on which such public notice shall have been given, they
3 & 4 W.4, upon a certain act made in the third and fourth year of his present Majesty, the borough not
themselves the powers given to the inspectors named in 9. 90, for lightintituled An Act to repeal an Act of his late Majesty King George the within a local Fourth, for the lighting and watching of Parishes in England and Wales, act for lightand to make other Provisions in lieu thereof, so far as the same relates to ing the same. the lighting the whole or any part of any borough which is not within the provisions of any local act, or in which there is no power of levying rates for lighting the same, the council of such borough shall, after the
day named in such notice, have the same powers and duties as belong oleh
to inspectors under the said last-recited act in regard to lighting, and to levying rates for the purpose of lighting such part of the borough, except so far as the same are contrary to or inconsistent with the proFisions of this act ; and in such case the council shall have the sole power to fix and determine the amount of money which they will call
No. V. for in any one year for the purpose of lighting such part of the borough 5 & 6 W.4, so that such sum shall not exceed the rate of sixpence in the pound otsi c. 76.
the full and fair annual value of all property rateable to the relief of the.. poor within such part of the borough : Provided also, That it shall no be lawful in such case for the inhabitants of such part of the borough, at any time to determine that the provisions of the said recited act shal
cease to be acted upon. Act not to in
LXXXIX. Provided always, That nothing herein contained shall be terfere with the construed to interfere with the watching, paving, or lighting, and regulations for internal regulations established for the government and security of any the govern
of his Majesty's dockyards, victualling establishments, arsenals, and ment &c. of barracks respectively ; nor shall any of the tenements within the said dockyards, ar- dockyards, victualling establishments, arsenals, or barracks, or the senals, &c. inhabitants of the same, be liable to be assessed to the rates for
watching, paving, or lighting the other parts of the city, borough, or parish within which the same may be respectively situated, unless such tenements or the inhabitants thereof are now or may hereafter become liable to be assessed to any such rates made under or by virtue of any law or statute now in force ; nor shall any thing herein contained extend
to defeat or affect the authority of justices of the peace which by an act 2 & 3 W. 4, passed in the second year of his present Majesty's reign, intituled An c. 40,
Act to amend the Laws relating to the Business of the Civil Departments of the Navy, and to make other Regulations for more effectually carrying on the Duties of the said Departments, is vested in the commissioners for executing the office of lord high admiral of the United Kingdom, and in the superintendents of the several dockyards and other naval and victualling establishments, in all places and in all matters relating to his Majesty's naval service, and to the stores, provisions, ammunition,
and accounts thereof. Council to have XC. That it shall be lawful for the council of any borough to make power to make such bye-laws as to them shall seem meet for the good rule and bye-laws. government of the borough, and for prevention and suppression of all
such nuisances as are not already punishable in a summary manner by virtue of any act in force throughout such borough, and to appoint by such bye-laws such fines as they shall deem necessary for the prevention and suppression of such offences ; Provided that no fine so to be appointed shall exceed the sum of five pounds, and that no such byelaw shall be made unless at least two thirds of the whole number of the council shall be present: Provided that no such bye-law shall be of any force until the expiration of forty days after the same or a copy thereof shall have been sent, sealed with the seal of the said borough, to one of his Majesty's principal secretaries of state, and shall have been affixed on the outer door of the town hall or in some other public place within such borough; and if at any time within the said period of forty days his Majesty, with the advice of his privy council, shall disallow the same bye-law or any part thereof, such bye-law or the part thereof disallowed shall not come into operation : Provided also, That it shall be lawful for his Majesty, if he shall think fit, at any time within the said period of forty days, to enlarge the time within which such byelaw, if disallowed, shall not come into force; and no such bye-law shall in that case come into force until after the expiration of such enlarged
time. As to breaches XCI. That all the provisions herein-after contained relative to offences of bye-laws. against this act punishable upon summary conviction shall be taken to
apply to all offences committed in breach of any bye-law or regulation All corporate
made by virtue of this act.
XCII. That after the election of the treasurer in any borough the property and al fines receiv. rents and profits of all hereditaments, and the interest, dividends, and ed to be carried annual proceeds of all monies, dues, chattels, and valuable securities to the account belonging or payable to any body corporate named in conjunction with of the borough the said borough in the said schedules (A.) and (B.), or to any member fund or officer thereof in his corporate capacity, and every fine or penalty for
e offence against this act (the application of which has not been No. V. so faready provided for), shall be paid to the treasurer of such borough ; 5 & 6 W. 4, ad all the monies which he shall so receive shall be carried by him to
c. 76. 1 152 account of a fund to be called “ The Borough Fund ;” and such
und, subject to the payment of any lawful debt due from such body Payment of Surporate to any person, which shall have been contracted before the debts, &c. sala
fusing of this act, and unredeemed, or of so much thereof as the coun- ries of recorder, pri of such borough from time to time shall be required or shall deem town clerk, s expedient to redeem, and to the payment from time to time of the treasurer, and anterest of so much thereof as shall remain unredeemed, and saving all
other officers, ahots , interests, claims, or demands of all persons or bodies corporate
and election or upon the real or personal estate of any body corporate by virtue
expences chany proceedings either at law or in equity which have been already such fund.
paid out of |ustituted or which may be hereafter instituted, or by virtue of any zortgage or otherwise, shall be applied towards the payment of the stary of the mayor, and of the recorder and of the police magistrate berein-after mentioned when there is a recorder or police magistrate, od of the respective salaries of the town clerk and treasurer, and of
rery other officer whom the council shall appoint, and also toward the 2 urment of the expences incurred from time to time in preparing and : iting burgess lists, ward lists, and notices, and in other matters * xtending such elections as are herein mentioned, and, in boroughs rich shall have a separate court of sessions of the peace as is hereindier provided, towards the expences of the prosecution, maintenance, ad punishment of offenders, and towards such other sum to be paid by teh borough to the treasurer of such county as is herein-after provided, ad towards the expence of maintaining the borough gaol, house of cor- tion, and corporate buildings, and towards the payment of the con
tables, and of all other expences not herein otherwise provided for which shall be necessarily incurred in carrying into effect the provisions á this act; and in case the borough fund shall be more than sufficient Application of - the purposes aforesaid, the surplus thereof shall be applied, under surplus se direction of the council, for the public benefit of the inhabitants and Tprovement of the borough ; Provided that it shall not be lawful for Je council to be elected under the provisions of this act, in any borough & which the body corporate named in conjunction with the said
borough in the said schedules (A.) and (B.), before the time of the Appassing of this act shall have contracted any lawful debt chargeable on
ng tolls or dues belonging or payable to the said body corporate, or to sy member or officer thereof in his corporate capacity, or towards the etisfaction whereof such tolls or dues or any part thereof were appli
chle before the passing of this act, to alter or reduce the amount to be aried and payable of such tolls or dues, or to grant for any consideraon any remission of or exemption from such tolls or dues or any part aereof, unless with the consent in writing under the hands of a -ajority in number and amount of the creditors to whom such debt is ilee, until after such debt and all arrears of interest due thereon shall tave been fully paid and satisfied; and in case the borough fund shall If the fund be ot be sufficient for the purposes aforesaid, the council of the borough insufficient, the s hereby authorized and required from time to time to estimate, as cor- council shall rectly as may be, what amount, in addition to such fund, will be suffi- order a rate to cent for the payment of the expences to be incurred in carrying into make up the efect the provisions of this act; and in order to raise the amount so
deficiency. estimated the said council is hereby authorized and required from time
tiine to order a borough rate in the nature of a county rate to be made within their borough, and for that purpose the council of such ha borough shall have within their borough all the powers which any jusptices of the peace assembled at their general or quarter sessions in any ei county in England have within the limits of their commission by virtue
an act made in the fifty-fifth year of his late Majesty king George the Third, intituled An Act to amend an Act of his late' Majesty King George 55 G. 3, c.51. of plte Second, for the more easy assessing, collecting, and levying of County
No. V. Rates, or as near thereto as the nature of the case will admit, except a 5 & 6 W. 4, is herein-after excepted; and all warrants required by the said act to b c. 76.
issued under the hands and seals of two or more justices shall in lik case be signed by the mayor, and sealed with the seal of the borough provided that such council shall not be empowered to receive, hear, o determine any appeal against any such rate; and if any person sha think himself aggrieved by any such rate it shall be lawful for him t appeal to the recorder herein-after mentioned at the next quarte sessions for the borough in which such rate has been made, or i case there shall be no recorder within such borough, to the justice at the next court of quarter sessions for the county within whic such borough is situate or whereunto it is adjacent; and such re corder or justices respectively shall have power to hear and determin the same, and to award relief in the premises, as in the case of a appeal against any county rate; and all such sums levied in pursu ance of such borough rate shall be paid over to the account of th borough fund, and, subject to the provisions herein-before contained shall be applied to all purposes to which before the passing of thi act a borough rate or county rate was by law applicable in sucl borough or county : Provided that in every case in which before th passing this act any rate might be levied in any borough, or in an parish or place made part of any borough under the provisions of thi act, for the purpose of watching solely by day or by night, or for th purpose of watching by day or by night conjointly with any other pur pose, it shall be lawful for the council of such borough to levy a watcl rate sufficient to raise any sum not greater than the average yearly sun which during the last seven years, or where such rate shall not havı been levied during seven years then during such less number of year as such rate shall have been levied, shall have been expended in thi maintenance and establishment of watchmen, constables, patrole, o policemen within the district in which such rate was levied, and fo that purpose the council shall have all the powers herein before giver to the council in the matter of the borough rate; and where any par of any borough shall not at the time of the passing of this act bi within the provisions of the act authorizing the levy of such rate fo watching as aforesaid it shall be lawful for the council from time to time to order that such part, or so much thereof as to the council shal seem fit, shall be rated to the watch rate in like manner as other part: of the borough to be specified in such order, and such watch rate there upon shall be levied within the part mentioned in such order in like manner as in the other parts of the borough so specified, and all such sums levied in pursuance of such watch rate shall be paid over to the account of the borough fund: Provided always, That no such order as last aforesaid shall be made for rating to such watch rate any part of any borough in which at the time of passing this act such rate as afore. said shall not be levied, and which is more than two hundred yards distant from any street or continuous line of houses which shall be regularly watched within the borough under the provisions of this act: Provided also, That nothing in this act contained shall be construed to render liable to the payment of any debt contracted before the passing of this act by any body corporate any part of the real or personal estate of the said body corporate which before the passing of this act was not liable thereto, or to authorize the levy of any rate within any part of any borough for the purpose of paying any debt contracted before the passing of this act which before the passing of this act could not lawfully be
levied therein towards the payment of the same. Accounts of re- XCIII. That the treasurer of every borough shall, in books to be ceipts and dis- kept for that purpose, enter true accounts of all sums of money by him bursements to received and paid, and of the several matters for which such sums shall be kept, audit- have been received and paid ; and the books.containing the accounts ed, and pub- shall at all seasonable times be open to the inspection of any of the lished.
aldermen or councillors of such borough; and all the accounts, with all