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(2.) Where the action is for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does nct recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment; but this provision shall not affect costs on any injunction in the action.
(3.) Subject and without prejudice to any other powers, the council, where the defendant in any such action, prosecution, or other proceeding is their officer, agent, or servant, may, if they think fit, except so far as the court before which the action, prosecution, or other proceeding is heard and determined otherwise directs, pay out of the borough fund or borough rate all or any part of any sums payable by the defendant in or in consequence of the action, prosecution, or proceeding, whether in respect of costs, charges, expenses, damages, fine, or otherwise.
[The effect of section 133 of the Act of 1835 is preserved in this clause.
The word “person” includes incorporated company. Boyd v. Croydon Railway Company (4 Burg. n. c. 669). See also Cortis v. Kent Waterworks Company (7 B. & C., 314).
“Commencement” dates from information or proceedings before magistrates. Rex v. Stokes (2 M. & Sel., 72.).
The chief constable of a borough having by the direction of borough magistrates, laid an information against a person for conspiracy, an action for malicious prosecution was brought by such person against him, and a verdict recovered for £200. Held, “that it was not competent for the town council to order payment of the chief constable's costs out of borough fund or rate under 5 & 6 Will. 4 c. 76, s. 82." Quære, whether such inability would be hereby removed : “ We think it wouid.” See hereon Reg. v. Mayor of Exeter, 44 L T. (N.s.) 101.
227.-(1.) Where a person charged with a petty misdemeanour is brought without the warrant of a justice into the custody of a borough constable during his attendance at a watchhouse in the borough, at any time (by day or night) at which a justice is not actually sitting for the public administration of justice at the justices' room, or town hall, or other place used for that purpose in the borough, the constable may, if he thinks fit, take bail without fee from that person, by recognisance conditioned for his appearance for examination within two days before a justice in the borough at some time and place therein specified.
Power for borough constables to take bail.
(2.) A recognisance so taken shall be of equal obligation on Legal
Proceedings. the parties entering into the same, and liable to the same proceedings for the estreating thereof as if taken before a justice.
(3.) The constable shall enter in a book, kept for that purpose in every watch-house, the name, residence, and occupation of the person entering into the recognisance, and of his surety or sureties, if any, with the condition of the recognisance, and the sums acknowledged.
(4.) The constable shall lay the book before the justice present at the time when and place where the recognisor is required to appear.
(5.) If the recognisor does not apprar at the time and place required, or within one hour after, the justice shall cause a record of the recognisance to be drawn up and signed by the constable, and shall return the same to the next court of quarter sessions for the borough, or, if the borough hus no separate court of quarter sessions, for the county in which the borough is situate, with a certificate at the back thereof, signed by the justice, that the recognisor has not complied with the obligation therein contained. *
(6.) The clerk of the peace shall make the like es'reats and schedules of every such recognisance as of recognisances forfeited in quarter sessions.*
(7.) If the recognisor applies by any person on his behalf to postpone the hearing of the charge against him, and the justice thinks fit to consent thereto, the justice may enlarge the recognisance to such further time as he appoints.
(8.) When the matter is heard and determined, either by the dismissal of the charge, or by binding over the recognisor to answer the matter of the complaint at quarter sessions, or otherwise, the recognisance for his appearance before a justice shall be discharged without fee.
[The effect of section 79 of the Act of 1835 is preserved in this clause. By 47 & 48 Vict. c. 43, 8. 9, nothing in this clause (227) shall be taken to have repealed seo. 38 of the Summary Jurisdiction Act, 1879. See also Appendix.)
* These two sub-sections are repealed by the Act 47 & 48 Vict. c. 43 (Summary Jurisdiction Act, 1884). See Appendix for re-enactments, &c.
Bounda ies of boroughs and transfer of parts to counties.
228.-(1.) Every place at the commencement of this Act included within each borough then existing, and no other place, shall be part of the borough, and in each borough then existing which is a county of itself, shall be part of that county and of no other, as if this Act had not been passed.
(2.) Where under the Municipal Corporations Act, 1835, or any Act amending it, any such county or borough does not, at the commencement of this Act, include a place which, before the passing of the Municipal Corporations Act, 1835, was part thereof, that place shall continue to be part of the county, wherein it is situate, or with which it has the longest common boundary, as if this Act had not been passed.
(3.) But nothing in this Act shall prevent any gaul, house of correction, lunatic asylum, court of justice, or judges' lodging, which at the passing of the Municipal Corporations Act, 1835, was, and at the commencement of this Act is, taken to be, for any purpose, in any county, from being still, for that purpose, , taken to be in that county, as if this Act had not been passed.
(4.) Any gaol, court, depôt for arms, and any land thereto belonging, which at the commencement of this Act is parcel of a county shall continue to be parcel of the county and under the exclusive jurisdiction of the authorities of the county, as if this Act had not been passed.
(5.) Nothing in this Act shall be construed to affect the assessments of the land tax or assessed taxes, as those assessments exist at the commencement of this Act, or to extend or diminish the jurisdiction of any commissioners of those taxes,
* See hereon the Local Government (England and Wales) Act, 1888: Part III., sections 50 to 63.
as such commissioners then exist; but all lands, and all parishes, Boundaries. parts of parishes, and places shall continue to be charged as at the commencement of this Act towards the land tax charged on the county or other district whereof at the commencement of this Act they are part, and to be subject in that behalf to the jurisdiction of the commissioners of the same county or other district, as if this Act had not been passed.
[The effect of sections 7 and 8 of the Act of 1835, sections 1, 2 and 5 of 6 & 7 Will. 4, c. 103 (1836), and section 41 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this clause).
229.-If any place, which under the Municipal Corporations Adjustment Act, 1835, or any Act amending it, ceased to be included in a boroughs and borough or county of a town or city, was before the passing of change of the Municipal Corporations Act, 1835, liable to contribute to any rate for satisfying any lawful debt to which the ratepayers of that borough or county were then liable, and if after the commencement of this Act any difference arises concerning the proportion of that debt to be contributed in respect of that place, the Secretary of State, on the application of the council, or of the chairman of a public meeting of the ratepayers of the place, may appoint by writing under his hand a barrister not having any interest in the question to arbitrate between the parties, and by his award under his hand and seal to assess the proportion aforesaid, if any; and the arbitrator shall assess the costs of the arbitration, and direct by whom and in what proportion and out of what fund they shall be paid ; and the rate aforesaid shall continue to be levied by warrant of the council and to be paid by the place aforesaid to the treasurer of the borough, as if the Municipal Corporations Act, 1835, or any Act amending it, or this Act, had not been passed, until the proportion aforesaid is satisfied, and no longer.
[The effect of section 8 of the Act of 1835, and section 1 of 6 & 7 Will 4, c. 103 (1836), is preserved in this clause).
230.-(1.) Where by this Act any limited time from or Computation after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day;
and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so computed, unless the last day is a Sunday, Christmas day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.
(2.) Where by this Act any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.
(3.) Where by this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time.
The effect of 3 & 4 Will. 4, c. 31, section 30 of the Act of 1835, section 25 of 7 Will. 4 and 1 Vict. c. 78 (1837), section 25 of 35 & 36 Vict, c. 60 (1872), and section 11 of 38 & 39 Vict. c. 40 (1875) is preserved in this clause. Subsection 3 is very important and needs careful consideration in any proceedings involving computation of time.]
Distance. 231.-The distances mentioned in this Act shall be measured in a straight line on a horizontal plane, and may be determined by the map made under the survey commonly known as the Ordnance Survey.
[The effect of section 1 of 32 & 33 Vict. c. 55 (1869), and section 76 of 6 & 7 Vict. c. 18 (1843), is incorporated in this clause).
Notices. 232.-Any notice or other document required by this Act to be fixed on the town hall shall be fixed in some conspicuous place on or near the outer door of the town hall, or, if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates.
[Church and chapel doors where there is no town hall, would meet the require. ments of this section).
Inspection and Copies. 233.-(1.) The minutes of proceedings of the council shall be open to the inspection of a burgess on payment of a fee of one shilling, and a burgess may make a copy thereof or take an extract therefrom.
Measurement of distances.
Notices on town hall.
Inspection and Copies. Inspection of documents.