Practically, the determination of the constituency, and of the functions of the council, and the checks on their exercise, comprise the whole of the material pro visions of the act, the rest is merely inci dental to these. Accordingly, the rest of the officers and their functions will be rapidly enumerated.
The Mayor is elected from the coun cillors, and when elected must serve, or pay a fine of 1001. His qualification is that of a councillor, but if he acts, not being qualified, he is liable to a fine of 501. He presides at the meetings of the council, and has precedence in all places within the borough, but he has few other exclusive functions or privileges. With the assessors he revises the lists of the constituency, which he must sign in open court. He also presides with the assessors at the election of councillors. He is dur ing his continuance in office a justice of peace for the borough, and continues such for the succeeding year. In be ronflis returning members to parliament, he is made the returning officer at their election. He is also rendered capable of doing in such borough any act which the chief officer in any borough may before lawfully do, so far as the same may be consistent with the provisions of the pre sent act.
The Aldermen are officers introduced into the new norporations by the amend ments made in the bill by the Lords. Their duties are undefined, and indeed they seem to be little more than council lors having a title of precedence. They are elected by the council itself from the councillors, or persons qualified to be councillors. They consist of one-third of the number of councillors. They can not be elected coroner or recorder, and are exempted from serving on juries. They hold office six years, one half going out every three years. And it is there fore provided that during the respective offices of the mayor and aldermen they are to continue members of the council, notwithstanding the provisions as to the councillors gout out of office at the end of three years. ALDERMAN.] The Town-Clerk acts in obedience to the directions of the council, and for which the latter will be responsible. Be sides the general and implied duties of the office, such as preserving minutes of the transactions of the council, some spe cial duties are cast on him by the act; these are chiefly that of making out the Freemen's Roll,' keeping and publish ing the Burgess List,' and making out Ward Lists' of the same. He is made responsible for the safe keeping of all charter deeds and records. He is sub jected to various fines in case of neglect of duty, and is disqualified to act as audi tor. He is bound to submit accounts of
all money and matters committed to his charge, at such times and in such manner as the council may direct.
A Treasurer is required to be appoint ed by the council, of which he is not to be a member. He is to give security for the proper discharge of his duties. He is to keep accounts of all receipts and dis bursements, to be open to the inspection of aldermen and councillors. He is to pay no money except by order, in writing, of the council, and is to submit his ac counts with vouchers half-yearly to— The Auditors, who are to be two in number, elected by the burgesses annual ly, on the 1st of March, in a similar man ner as councillors are elected, and from the persons qualified to be councillors. No actual councillor, however, nor the town-clerk, nor treasurer, each of whose accounts be examines, can be elected au ditor. His duties sufficiently appear from what has been before stated. [AUDI TOR.
Tie Assessors are two officers to be appointed in every borough, in like man ner as auditors. Their duties are to act in conjunction with the mayor in revising the burgess lists at the election of coun cillors. [AssEsson.] Such is the list of officers necessarily existing in each borough under the pro visions of the Act 4 & 5 Wm. IV. c 76. Other officers may be appointed either for general municipal purposes, or under certain circumstances, for the special pur pose of the administration of justice.
With regard to the administration of justice in boroughs, the Corporation Re form Act made several alterations. In the boroughs named in schedules A and B, the Queen is empowered to appoint as many persons as she may think proper to be Justices of the Peace, who are not required to have any qualification by estate. The council also of any borough may, if they think it necessary that one or more salaried Police Magistrates should be appointed, make a by-law fixing the amount of salary, and thereupon the queen may appoint such person as she may think fit, so that the person be a barrister of five years' standing. The appointment is given to the Crown in order that the administration of justice may be above the suspicion of being tainted by party or local interests, a sus picion which might be incurred, and even deserved, were the appointment made by the council. The justices of the peace may appoint a clerk, with respect to whom some useful provisions will be found in § 102.