Administration of Justice in Certain Boroughs Act 1836
|1836 c. 105
(6 & 7 Will. 4) C A P. CV.
[20th August 1836]
'WHEREAS by reason of certain Defects in an Act passed in the last Session of Parliament, intituled England Wales, the Administration of Civil and Criminal Justice is injuriously hindered and delayed in certain Boroughs named in the Schedules(A.) and (B.) to the said Act annexed:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Justices of the Peace of any County, Riding, Parts, or Division of a County shall have the same Powers of contracting with the Council of any Borough, Town, or City named in the said Schedules in which it shall have been made to appear to the Satisfaction of One of His Majesty's Principal Secretaries of State that there is a Gaol or House of Correction fit for the Confinement of Prisoners, for the Conveyance to and Support and Maintenance in such Gaol or House of Correction of Prisoners committed thereto by any Justice or Justices of such County, Ridings, Parts, or Division of a County, which the Council of any other Borough have with respect to Prisoners committed to such Gaol or House of Correction from such last-mentioned Borough; and all the Provisions of an Act made in the Fifth Year of His late Majesty, intituled England Wales, shall extend, or as nearly as may be, to all such Contracts; and in case His Majesty shall have granted to the Borough, Town, or City in which such Gaol or House of Correction shall be situated a separate Court of Quarter Sessions of the Peace, such Offendersmay be tried and sentenced by such Court for all Offences of which the Court has Cognizance, and punished accordingly, and all the Provisions of the last-recited Act made in the Fifth Year of His late Majesty shall extend as nearly as may be to the Trial and Punishment of such Offenders, and to all Acts necessary for such Trial or consequent thereon.
II Power to try Prisoners at Borough Sessions, although committed for Trial under Contract to a County Prison more than Two Miles from the Borough.
II. 'And whereas it is expedient to enlarge the Powers given to the Councils of the Boroughs named in the said Act for the Regulation of Municipal Corporations, in which a separate Court of Quarter Sessions of the Peace shall be holden, of contracting with the Justices of the Peace having Authority or Jurisdiction in and over any Gaol or House of Correction of the County, Riding, or Division wherein such Borough is situated or whereunto it is adjacent, for the Conveyance, Support, and Maintenance in such last-mentioned Gaol or House of Correction of Prisoners committed thereto from such Borough;' be it enacted, That it shall be lawful to try any such Prisoner at the Borough Court of Quarter Sessions of the Peace, and for the proper Officer of such Borough to direct the Removal of such Prisoner for Trial, and to do all other Acts necessary for such Trial or consequent thereon, notwithstanding that the Gaol or House of Correction so receiving under Contract a Prisoner committed for Trial may be situate more than Two Miles from the usual Place of Trial of such Borough.
III Oaths required to be taken by Recorder, &c. may be taken before the Mayor or Two Aldermen or Councillors.
III. 'And whereas it is by the said recited Act enacted, that no Recorder or Person assigned to keep the Peace within any such Borough shall be capable of acting as Recorder or Justice of the Peace within such Borough until he shall have taken the Oaths provided to be taken by Justices of the Peace, except the Oath as to Qualification by Estate;' be it enacted, That all Oaths so required to be taken by any such Recorder or Person assigned to keep the Peace may be taken before the Mayor or any Two Aldermen or Councillors of the said Borough, without suing out or obtaining any special Dedimus or other Commission or Authority for administering such Oaths.
IV Mayor to hold over until Acceptance of Office by his Successor.
IV. 'And whereas by the said Act it is provided that the Mayor of every Borough named in the said Schedules (A.) and (B.) shall continue in his Office for One whole Year;' be it enacted, That the Mayor of every such Borough shall continue in Office for One whole Year, and until his Successor shall have accepted the Office of Mayor, and shall have made and subscribed the Declaration required in that behalf.
V Sheriff to be elected on Ninth November instead of First November.
V. And be it...
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