borough shall send a copy of such grant, sealed with the seal of the borough, to the clerk of the peace of the county in which such borough or any part thereof is situated; and after the grant of such court to any borough, it shall not be lawful for justices of the peace of any county within which such borough or part of such borough is situated, to assess any messuages, lands, tenements, or hereditaments within such borough, to any county rate thereafter to be made, but every part of every such borough shall thenceforward be wholly free and discharged from contributing, otherwise than is hereinafter provided, to any rate or assessment of any kind, of and for the county in which any part of such borough is situated: provided nevertheless, that all arrears of such rates theretofore made, may be levied and collected as if this act had not passed (ƒ). Rate in nature of a County Rate in a Borough.]-The council of the borough may order a borough rate to be made therein, in the nature of a county rate, and have all the powers of justices under 55 G. III. c. 51; except that the appeal is to the recorder at the next quarter sessions for the borough in which such rate has been made; or, if there is no recorder within the borough, to the next quarter sessions for the county within or adjacent to which it is situate, and who shall respectively have power to hear and determine the same, and award relief in the premises as in appeals against county rates (g). Before 7 W. IV. & 1 V. c. 81, s. 2, the town council had not power to make a retrospective borough rate in nature of a county rate, for paying the expenses incurred in carrying into effect the Municipal Corporation Amendment Act, 5 & 6 W. IV. c. 76 (h). A rate of this kind cannot be abandoned after appeal lodged against it at the quarter sessions of the borough against the town council, except on payment of costs to the appellants by the former. The mode of obtaining the costs is for appellants to prove due service on the town clerk of the notice of appeal, and of the notice to produce the rate, and to show that the rate has been abandoned by the town council. If no one appears for the respondents, or produces the rate, but it is suggested that the rate is abandoned as illegal, the rate is sufficiently before the court, and the recorder has jurisdiction, and ought to confirm the appeal with costs (i). (f) 5 & 6 W. IV. c. 76, s. 112. (g) Id. s. 92. (h) Woods v. Reed, 2 M. & W. 777, on 5 & 6 W. IV. c. 76, s. 92. See Reg. v. Bath (Recorder), 9 Ad. & E. 714, 871; 1 P. & D. 620, S. C. (i) Reg. v. Stamford (Recorder of), 1 P. & D. 72. The appeal had been frequently respited, and once in part heard. By analogy to county rates in counties, a notice of appeal is required by this clause (see 55 G. III. c. 51; 57 G. III. c. 94), and must be given to the town clerk, he being the officer of the parties (viz. the town council) making the rate, and therefore respondents (j). It is decided that the notice of an appeal against a borough rate, under 5 & 6 W. IV. c. 76, s. 92, must state directly, that the party appealing is aggrieved, or must show facts from which it can be collected. Where the notice merely described such an appellant as a " burgess of the borough called on to pay the rate," the court refused a mandamus to compel a recorder to enter continuances and hear the appeal, though it was stated on the affidavit, that the appellant was a party aggrieved, and that the omission in the notice arose from oversight. The recorder had refused to hear the appeal or to enter and respite it (k). Where a borough sessions quashes an appeal against a borough rate in the nature of a county rate, made under 5 & 6 W. IV. c. 76, s. 92, their order is not removable, the certiorari being expressly taken away by sect. 132 (7). Gaols of Counties, &c., how used as Gaols of Boroughs.]—All sums directed by 7 G. IV. c. 64, s. 25, to be paid by virtue of that act, in respect of felonies and such misdemeanours as aforesaid, committed or supposed to have been committed in any borough in which a separate court of quarter sessions of the peace shall be holden, shall be paid out of the borough fund of such borough, and the order of court shall in every such case be directed to the treasurer of the borough (m). The powers given by 5 G. IV. c. 85, to justices of a borough having a gaol (n), to contract with justices having jurisdiction over any gaol or house of correction of the county wherein such borough is situated, or whereto it is adjacent, for the conveyance and maintenance in such gaol, &c., of prisoners committed thereto from such borough, remain, but are vested in the council of the borough (o). Where it appears to (j) Reg. v. Carmarthen (Recorder of County of Borough of), 7 Ad. & E. 756; 3 Nev. & Per. 19. See 7 W. IV. & 1 V. c. 78, s. 44, and Reg. v. Bath (Recorder), ante, p. 7. (k) R. v. Bond, 6 Ad. & E. 905. (1) Reg. v. Rippon (Justices), 7 Ad. & E. 417; 2 N. & P. 411, S. C. (m) 5 & 6 W. IV. c. 76, s. 113. (n) Reg. v. Lancashire (Justices), 3 P. & D. 86, Mich. 1839. (0) 5 & 6 W. IV. c. 76, s. 114. This clause applies to prisoners committed, in the first instance, to the borough gaol before trial, and after bill found at the assizes against them handed over to the county gaoler; and if convicted, committed to the county gaol or house of correction in execution of their sentences; and the town council are liable, not only for the expenses of the food, clothing, and punishment of such pri the satisfaction of the secretary of state, that there is in any borough a gaol or house of correction fit for the confinement of prisoners, the town council have the same powers of contracting with those who have the government of such gaol, &c. in like manner as in sect. 114; and in case the borough has a separate court of quarter sessions, such offenders may be tried and sentenced by such court for all offences of which that court has cognizance, and punished accordingly: and the provisions of 5 G. IV. c. 85 shall extend as nearly as may be to the trial and punishment of such offenders, and to all acts necessary for, or consequent on, such trial (p). But if the borough, though with separate quarter sessions, has no such gaol, the town council cannot contract as above (q). Offences against Local Acts.]-All offences committed within any borough, or the local precincts thereof, against the provisions of any local act of parliament, are made cognizable by justices of the borough, who are invested with all the powers respecting such offences which the county justices theretofore possessed under the local act, and may imprison under the same in any gaol to which they may commit offenders (r). Cinque Ports.]-Justices acting in the cinque ports, under commissions granted by virtue of 51 G. III. c. 36, may exercise all the powers of justices in counties relating to granting licenses to victuallers (s). Their ancient jurisdiction, as enjoyed before 5 & 6 W. IV. c. 76, is preserved to them by that act (t). soners, but for a proportionate share of the expenses of the county gaol: though there was no contract in force, under 5 G. IV. c. 85, between the county and borough justices for maintenance of the borough prisoners; and an award of a barrister appointed by an order of the judge of assize, on application of the lay tenure under G. IV. c. 85, and 5 & 6 W. IV. c. 76, s. 114, was con firmed by the court, Reg. v. Johnson, 2 P. & D. 611, Trin. 1839. (p) 5 & 6 W. IV. c. 76, s. 115. See (r) 7 W. IV. & 1 V. c. 78, s. 31. CHAPTER XV. OF OTHER MATTERS WITHIN THE JURISDICTION OF BASTARDY AND ORDERS OF FILIATION. Jurisdiction of Quarter Sessions before 14th August, 1834, and down to 26th August, 1839.]-Before the passing of the Poor-law Amendment Act (4 & 5 W. IV. c. 76), justices in quarter sessions had original and appellate jurisdiction in bastardy: original, to make (u) orders on putative fathers for support of their bastards (called orders of filiation); and appellate, to quash or confirm similar orders made in petty sessions (v), and brought up on appeal (w). After exercising this appellate power by quashing such an order, they might revert to their original power by making a new one on another person (x). In this state the law remained till 14th August, 1834, when stat. 4 & 5 W. IV. c. 76, by sect. 72, declared the quarter sessions to be the only tribunal competent to make an order on the putative father (u) By 3 C. II. c. 4, s. 15. (v) See 18 El. c. 3; 49 G. III. c. 68, s. 5 and s. 7. (w) Hatton's case, Salk. 477. (x) Barrel's case, 1 Mod. 20; Pridgeon's case, 1 Bulst. 255; R. v. Smith, 2 id. 340. of a bastard for its support, if born after that day (y). The same act (z) repealed for the most part the bastardy laws then in operation; avoided (a) all securities already given, under 49 G. III. c. 68, &c., for indemnifying parishes against children likely to be born bastards: and in the working of its other provisions, as to notice, &c. made the means. of procuring support for bastards from their fathers limited, hazardous, and costly. These provisions occasioned no perceptible diminution in the births of illegitimate children. Their real effect was the teaching effrontery to unhackneyed offenders, and securing impunity to profligates of the stronger sex, at the expense of their female victims and the parochial purse. But it was not till 1839 that the legislature retraced its steps, and replaced the enactments of the reign of Elizabeth as to the tribunal (y) The old laws as to bastards born before this date are preserved in Burn's Justice, 26th edit. tit. Bastard. (z) 4&5W.IV. c.76, s.69, "From and after the passing of this act [14th August, 1834] so much of any act or acts of parliament as enables any single woman to charge any person with having gotten her with any child of which she shall then be pregnant, or as renders any person so charged liable to be apprehended, or committed, or required to give security on any such charge, or as enables the mother of any bastard child or children to charge or affiliate any such child or children on any person, as the reputed or putative father thereof; [or, as enables any overseer or guardian to charge or make complaint against any person, as such reputed or putative father, and to require him to be charged with, or contribute to the expenses attending the birth, sustentation, or maintenance of any such child or children; (quære, if 18 El. c. 3, &c. are revived since the repeal of 4 & 5 W. IV. c. 76, quoad hoc, by 2 & 3 V. c. 85;)] or, to be imprisoned or otherwise punished for not contributing thereto; or, as in any way renders such reputed or putative father liable to punishment or contribution as such; or, as enables churchwardens and overseers, by the order of any two justices of the peace, confirmed by the sessions, to take, seize, and dispose of the goods and chattels, or to receive the annual rents or profits of the lands, of any putative father of bastard children; and so much of any such act or acts as renders an unmarried woman with child liable, as such, to be summoned, examined, or removed; or, as renders the mother of any bastard liable, as such, to be imprisoned or otherwise punished; shall, so far as respects any child which shall be likely to be born, or shall be born a bastard after the passing of this act, or the mother or putative father of such child, be, and the same was thereby repealed." (a) By 4 & 5 W. IV. c. 76, s. 70, "Every security given, or recognizance entered into by any person or persons, or his or their surety, before the passing of this act [14th August, 1834], to indemnify any parish or place as to any child or children likely to be born a bastard or bastards, whereof any single woman shall be pregnant at the time of the passing of this act, or to abide and perform such order or orders as might have been made touching such child or children, pursuant to 18 El. c. 3, concerning bastards begotten and born out of lawful matrimony, shall be, and the same are hereby declared null and void; and every person who shall, at the time of the passing of this act, be in custody upon the commitment of any justice or justices, for not having given such security or entered into such recognizance, shall be discharged (upon the application of such person) by any one of the visiting justices of the gaol in which such person shall be in custody under such conviction." See Laing or Lang v. Spencer, T. & Gr. 358; 3 C. M. & R. 129, S. C.; post, p. 991. |