Borouyh Fund.—The rents and profits of all hereditaments, and proceeds of all personal property, dues, fines and penalties, and moneys arising from the sale of copies of the burgess-roll, overseers' lists, and lists of claims and objections, are directed to be paid to the treasurer of the borough, and constitute the borough fund. The council are restrained from alienating or mortgaging lands or granting leases (except leases not exceeding 3), years without fine), unless with the consent of three lords of the treasury. An exception is made, however, with regard to certain leases renewable by custom, and building leases.
The purposes to which the borough fund is applicable are, the pay ment of the salaries of the mayor and other officers, all the expenses attending the preparation of the burgess-list and municipal elections, the expenses of the prosecution and punishment of offenders, the main tenance of the borough jail and other public buildings, and various other municipal expenses. Certain contributions are also required to be made to the county treasurer for public purposes; and other expenses to lie presently referred to, have been charged by sundry Acts of Parlia ment upon the borough fund.
If the borough fund be more than sufficient for all the purposes defined by law, then the surplus is to be applied, under the direction of the council, for the public benefit of the inhabitants and the improve ment of the borough. Should the borough fund be insufficient for the above-mentioned purposes, the council are empowered to levy borough rates for the purpose of supplying the deficiency.
The treasurer keeps accounts of receipts and disbursements, and the account books are open to the inspection of any alderman or councillor. They are audited half-yearly, in the months of March and September, and after the September audit a full abstract is printed and published. A full statement of accounts is sent to the secretary of state before the 1st of March in every year.
Justice.—With regard to the administration of justice in boroughs under the Municipal Corporation Act, the crown is empowered to appoint, in the boroughs named in schedules A and B of that Act, justices of the peace, who are not required to have any qualification of estate. The council also of every borough may, if they think it necessary that one or more salaried police magistrates should be appointed, make a bye-law fixing the amount of salary, and thereupon the crown may appoint a barrister of five years' standing to the office. The appointment is vested in the crown, in order that the adminis tration of justice may be above the suspicion of being tainted by party or local interests, which might be incurred if the appointment was made by the town council. In boroughs where the council signify
their desire to that effect by petition, setting forth the grounds of their application, the state of the jail, and the salary which they are willing to pay, the crown may appoint a recorder for any one such borough, or for two or more conjointly. He must be a barrister of not less than five years' standing.
Prisons.—In every borough to which a separate court of sessions of the peace is granted, there must be one common jail, and at least one house of correction, excepting where the corporation contract for the maintenance of borough offenders in some county or borough jail, or house of correction, or in some district prison. The regulation of the jail is entrusted to the borough justices, for which purpose they hold a quarterly session at the usual times of holding quarterly sessions of the peace.
Lunatic Asylums.—The Lunatic Asylums Act, 1853, directs that in every borough having a quarter sessions, recorder, and clerk of the peace, or having had at the passing of a previous Act (8 & 9 Vict. c. 126, 8th Aug., 1845) six justices or more, besides a recorder, a pauper lunatic asylum be provided or hired. The justices of the borough may contract with the justices of any other counties, boroughs, or hospitals, for the reception of the borough lunatics, or they may contract for the erection and provision of a joint lunatic asylum, for the reception of lunatics of other places, as well as their own borough. The charges of the asylum are thrown upon the borough fund, or, if necessary, upon a general borough rate levied for the express purpose.
Public Libraries and Museums.—The Public Libraries Act, 1850, authorises the mayor, upon the request of the town council of any municipal borough, the population of which at the -last census exceeded 10,000, to take the sense of the community as to the desirability of putting this Act into operation. A poll of the burgesses is held after a ten days' notice, and if two-thirds of the votes are in its favour the Act is adopted. The Act enables the council to purchase or hire the necessary lands and buildings, and to erect and maintain necessary buildings, and for this purpose to levy a rate, which must not exceed iu any one year one halfpenny in the pound on the annual value of the property in the borough rateable to the borough rate.