Section 39.

His Majesty, by the advice aforesaid, does hereby order, that it shall be lawful for the barrister or barristers, appointed in pursuance of the provisions in the said act contained, to determine and set out the extent, limits, and boundary lines of the wards into which it is provided by the said act that certain boroughs of large population shall be divided, and what portions of such boroughs shall be included therein respectively, within the space of sixty days next after the passing of the said act, instead of the space of six weeks next after the passing of the said act.

Section 58.

And his Majesty, by the advice aforesaid, does hereby order, that the council of every borough named in either of the schedule (A) or (B), to the said act annexed, shall appoint a fit person, according to the provisions of the said act, to be the town clerk of such borough, on the first day of January in the year one thousand eight hundred and thirtysix, instead of the ninth day of November in this present year.

WM. L. BATHurst.

INDEX.

ABSENCE beyond a certain period from a borough, disqualifies
for office, sec. 52.
ACCOUNTS of borough to be annually audited, and abstract
thereof printed, sec. 93.
ACT may be given in evidence, under the general issue, in any
trial arising out of its provisions, sec. 133.
ACTIONS and prosecutions against persons for any thing done
in pursuance of this act to be commenced within six months,
sec. 133.

Page

62

109

152

152

152

One month's notice of, and cause thereof to be given, sec. 133. 152
Plaintiff not to recover after tender of sufficient amends, or pay-
ment of sufficient sum into court, sec. 133.
If verdict pass for defendant, or plaintiff become nonsuit, &c.,
defendant to recover full costs, sec. 133.
ADVOWSONS, bodies corporate, seised of, in their corporate
capacity, must sell as the Ecclesiastical commissioners shall
direct, sec. 139

Vacancy arising before such sale to be supplied by the bishop of
the diocese, sec. 139.

AFFIRMATION may be substituted for oath, sec. 21.

152

157

158

33

33

If false, to be deemed perjury, and punished as such, sec. 21.
ALDERMEN." The Mayor, Aldermen, and Burgesses," to be

the style of each corporate body after first election of
councillors, &c. sec. 6

Together with mayor and councillors, to form "The Council" of
each borough, sec. 25.

To be one-third in number of the councillors, sec. 25,
Triennial election of, on the 9th of November, from among coun-
cillors or persons qualified as such, sec. 25.

8

Half the number to go out of office every third year, sec. 25.

39

On going out of office, not to vote at election of successors, sec. 25.
Capable of re-election, if qualified, sec. 25.

39

39

40

To continue members of council during their office, sec. 26.
Extraordinary vacancy in the office of, to be filled up by coun-
cil within ten days, sec, 27.

Alderman so elected to hold office so long as his predecessor
would have stayed in, sec. 27.

But eligible, if duly qualified, to be re-elected, sec. 27.

No clergyman or dissenting minister qualified to fill the office,

sec. 28.

40

40

41

41

ALDERMEN-continued

Nor any one not entitled to be on the burgess list, sec. 28.
Nor unless possessed of property as follows; viz.

In boroughs divided into four or more wards, 1000l.; or rated
at 301. annual value;

If divided into less than four wards, or not into wards, 500l.;
or rated at 151. annual value, sec. 28.

Nor while holding other office in gift of the council other than
that of mayor, sec. 28.

Nor while sharing in any contract or employment from council,
sec. 28.

Disqualification not to extend to shareholders of water or
insurance company holding a contract from council, sec. 28.
To preside at election in case of death or inability of the mayor,
scc. 36.
Existing aldermen to go out of office on election of councillors
under this act, sec. 38.

But eligible to be elected under its provisions, sec. 38.
Liable to penalty of 100l. for neglecting or refusing to revise
lists, conduct elections, &c., sec. 48.

Incapable of acting until declaration made of acceptance of
office, and possession of pecuniary qualification, sec. 50.
Once in three years to make a similar declaration if required, by
two councillors, sec. 50

Page

41

41

41

41

42

47

49

49

57

59

60

A person duly qualified and elected, refusing the office, to pay a
fine not exceeding 50l., sec. 51.

61

If not duly paid, upon application of council, shall be levied by
distress and sale, sec. 51.

61

Person elected to subscribe declaration within five days, or liable
to fine, sec. 51.

61

If declared bankrupt or insolvent, or leaving the borough for
more than six months, disqualified, sec. 52.

62

But capable of re-election upon obtaining certificate, paying
debts in full, or returning, sec. 52.

63

Person not qualified acting as, to forfeit 50l. but his acts to be
valid and effectual, sec. 53.

Exempted from serving on borough juries as members of council,
sec. 122.

Number of aldermen in each borough with a commission of the
peace, schedule (A.)

124

In boroughs having no commission of the peace, schedule (B.) 169
ALIEN not to be enrolled a burgess, sec. 9.

12

ALMS or allowance from charitable fund disqualifies receiver from
being enrolled a burgess, sec. 9.

12

AMENDS, plaintiff not to recover in action brought for any
cause arising out of the provisions of this act after tender of,
sec. 133.

152

Page

3

APPEAL to quarter sessions against summary conviction, sec. 131. 150
APPRENTICES, right of, as to borough property preserved, sec. 2
ARBITRATION, differences as to proportion of assessment

towards any debt to be submitted to a barrister for, sec. 8.
Costs of to be assessed by the arbitrator, who is to direct by
whom, and from what fund, they shall be paid, sec. 8.
Differences between council and treasurer for county, as to his
account of expences for maintenance and punishment of
offenders at the assizes, to be submitted to, according to
5 G 4, c. 85, sec. 114.

Also between treasurer of county and council respecting county
rate, sec. 117.
ASSESSORS, in conjunction with mayor, to revise the burgess
lists; and to insert or expunge names, sec. 18.

To be present at the election of councillors, sec. 32.

11

11

133

137

With the mayor to ascertain the result of elections, sec. 35.

Two, to be annually elected, on 1st of March, by the burgesses,
in way similar to councillors, sec. 37.

Must be qualified for councillors, sec. 37.

No treasurer, town clerk, or councillor eligible, sec.

37.

To be elected in wards by the burgesses of such respectively,

sec. 43.

If chosen in more than one ward, to elect for which he will
serve, sec. 46.

Occasional vacancies to be filled up within ten days, sec. 47.
Liable to penalty of 100l. for neglecting duties imposed by this
act, sec. 48.

To sign a declaration of acceptance of office previously to acting,
sec. 50.

Party qualified and elected, refusing to act, to forfeit not ex-
ceeding 50l. sec. 51
Person not qualified acting as, to forfeit 501.; but his acts to be
valid, sec. 53.

To examine treasurer's accounts in March and September every
year, sec. 93.

AUDITORS, two, to be annually elected, on 1st March, sec. 37. 48
The form of election similar to that for councillors, sec. 37.
No burgess to vote for more than one auditor, sec. 37.
Must be qualified for councillors, sec. 37.

No councillor eligible as auditor, nor the town clerk or treasurer,
sec. 37.

Occasional vacancies to be filled up within ten days, sec. 47.
To sign a declaration of acceptance of office, sec. 50.

Person duly elected, and refusing to accept office, to pay fine,

sec. 51.

Person not qualified acting as, to forfeit 50l.; but his acts to be
valid and effectual, sec. 53.

***** *88

48

48

48

48

56

59

If correct, to sign the same, sec. 93.

BAIL, may be taken by recognizance from persons brought be-
fore constables in night-time for petty misdemeanors, sec. 79. 91

109

BAIL-continued.

In default of appearance recognizance to be forfeited, sec. 79.
Unless time of hearing be postponed by the justice, sec. 79.
BANKRUPTCY or insolvency, a vacation of office, sec. 52.
BARRISTER.-See Arbitration.

Barristers to be appointed to revise burgess lists first year,
sec. 20.

To be paid five guineas each per diem, and travelling expences,

sec. 20.

To furnish particulars thereof to the treasury, sec. 20.

Who will direct payment to be made to them out of the consoli-
dated fund, until council be chosen, sec. 20.

Page

92

93

62

31

333

31

31

Appointed to revise the lists, to set out boundary lines in
boroughs directed to be divided into wards, sec. 39.
Within six weeks after the passing of this act, sec. 39.
To transmit a copy of particulars to secretary of state, and deli-
ver a duplicate to town clerk, sec. 39.

Such division to be in force until altered by parliament, sec. 39.
To apportion the number of councillors in each ward, according
to numbers rated to the relief of the poor, sec. 40.

To transmit a copy of particulars to secretary of state, and to de-
liver a duplicate to town clerk, sec. 40.

To add to, or diminish the number of wards in boroughs where the
ancient division is adhered to, sec. 41.
Empowered to call upon overseers and others, to produce rate
books, sec. 42.

And to administer an oath to all persons whom they may deem it
necessary to examine, sec. 42.
BOND, the compensation to officers deprived of their offices by
abolition or removal to be secured by, under common seal,
sec. 67.

Expences thereof to be defrayed out of the borough fund,

sec. 67.

The pensions and charitable allowances continued by this act
are to be secured by sec. 68.

The expences thereof to be paid out of the borough fund, sec. 68.
BOROUGH COURTS OF RECORD, existing by charter or
custom, for the trial of civil actions, to be holden as hereto-
fore, sec. 118.

But, as to certain actions, and causes of actions, with extended
jurisdiction, sec. 118

Where the judge or assessor is not a barrister of five years' standing
Recorder to be appointed in his room, sec. 118.
Where no recorder, the council to appoint a proper judge or
assessor, sec. 118

Office to be held during good behaviour, sec. 118.
The rules of practice regulating, to be the same as before this act,
sec. 118.

78

88 88

The judge or assessor may make rules of practice, subject to the
revision of three or more judges of the superior courts,