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The watching and cemetery expenses are defrayed out of the watch and cemetery rates respectively, and paving, lighting and sanitary expenses out of the improvement and borough rates. In addition to all other rates, the council is authorized, when they shall have expended money which they shall declare to be "Private improvement expenses," to make and levy upon the occupiers of the premises in respect of which the money shall have been expended, a rate or rates, to be called "Private improvement rates," of such amount as will be sufficient to discharge such expenses, with interest at 57. per cent.; or the council may grant a rent-charge for advances made to meet the first cost of private improvements.

A concomitant power with that of rating is the power to borrow money, which, for the purpose

notice by advertisement in a local newspaper, in addition to the ordinary notices required for summoning a special meeting. The resolution must be twice advertised in a local newspaper, and consented to by the burgesses at a meeting to be called by the mayor, by notice in a local newspaper and on the church and chapel doors, in shape of a resolution in manner provided by the Local Government Act, 1858, for the adoption of that act. The approval of the Local Government Board in sanitary matters and the Secretary of State in other matters is also necessary, and such consent is only given on proof by statutory declaration that all notices have been given and consents obtained.

of defraying expenses incurred in the performance of the council's duties under the Sanitary Acts, is given, with authority to secure the same by mortgage of all or any of the rates.

The exercise of this power is subject to certain conditions, viz. :

(1.) The money must be expended on permanent works, including expenses incurred

in seeking power to execute such works; (2.) The sanction of the local government board must be obtained;

(3.) The money so borrowed shall not at any time exceed, with the balances of all the outstanding loans of the council under the Sanitary Acts, in the whole, the assessable value for two years of the premises assessable within the district in respect of which such money may be borrowed, and the time for which the money may be borrowed shall not exceed sixty years.

Provided that where the proposed loan with such balances would exceed one year's assessable value, the local government board shall not give their sanction to the loan until a local inquiry shall have been held by one of their inspectors, and his report of the result of such inquiry shall have been received by them. Reborrowing for

the purpose of discharging previous loans, as well as to original loans, is included.

Loans effected to pay off previous loans must be repaid within the term for which the original loan was contracted, unless with the sanction of the local government board, and can in no case be extended beyond the period of sixty years from the date of the original borrowing.

The public works loan commissioners cannot advance money under the Sanitary Acts for a longer period than fifty years (ƒ).

The repayment may be provided for either by equal annual instalments with interest, or a sinking fund, as the council may prefer.

The 78th section of the Local Government Act, 1858, and sect. 19 of the Local Government Amendment Act, 1861, are repealed by sect. 37 of the Sanitary Laws Amendment Act, 1874.

(f) 37 & 38 Vict. c. 89, s. 36.

CHAPTER XVI.

THE RECORDER AND THE ADMINISTRATION OF

JUSTICE.

THE recorder is appointed by the crown; he is a justice of the peace for the borough, and takes precedence therein next after the mayor. The recorder has to make a declaration before the mayor, that he will well and truly perform the duties of his office; in case of sickness, he is empowered to appoint a deputy to act for him at the next ensuing quarter sessions. The recorder holds a court of quarter sessions once in every quarter of the year, of which he is judge, and which takes cognizance of all crimes within the jurisdiction of county quarter sessions. If the mayor should certify to the recorder that the quarter sessions are likely to continue more than three days, he may form a second court, and appoint a barrister of not less than five years' standing to preside therein; the name of the barrister is to be submitted to the secretary of state, and, if approved of, he is to receive ten guineas a day while the court lasts The clerk of the peace is appointed by the coun

cil. The borough justices consist of the mayor, during his year of office and for one year after, and any persons to whom her majesty shall think fit to assign her majesty's commission to act as justices of the peace for the borough to which a separate commission of the peace has been granted. Every such person must reside in, or within seven miles of, the borough for which he is appointed. Sheriffs and coroners are disqualified; but practising attorneys may be appointed. The estate qualification which is required for county justices is not required for borough justices, nor need such justice be a burgess of the borough for which he is appointed. Summonses and warrants of the borough justices may be served and executed in the county in which the borough is situate, and within seven miles of the borough, without the endorsement of a county magistrate. The justices appoint a clerk, but it is not lawful for such clerk to be interested, directly or indirectly, in the prosecution of offenders committed by such magistrates. The expenses of prosecutions at the assizes, and expenses incident thereto, are to be defrayed out of the borough fund or rate. Every burgess is liable once a year to serve on the grand and petty juries at the quarter sessions. The recorder has power to fine a burgess who does not attend when summoned any amount he may think fit, and the

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