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Jurisdiction of justices; quarter sessions.
Where a borough has not a separate court of quarter sessions, but has
a separate commission of the peace, the justices of the county in
which the borough is situate have a concurrent jurisdiction with the
borough justices in all matters arising within the borough. Where,
however, the borough has a court of quarter sessions, the county
justices have no jurisdiction within the borough. In all cases,
whether the borough has quarter sessions or a separate commission or
not, the mayor, by virtue of his office, is a justice for the borough,
and continues to be such justice during the year next after he ceases
to be mayor. He takes precedence over all justices in and for the
borough, and is entitled to take the chair at all meetings at which he
is present by virtue of his office of mayor. A separate commission of
the peace may be granted to a borough on the petition of the council.
A borough justice is required to take the oaths of allegiance and the
judicial oaths before acting; he must while acting reside in or within
7 m. of the borough, or occupy a house, warehouse or other property in
the borough; but he need not be a burgess nor have the qualification
by estate required of a county justice. Where the borough has a
separate commission, the borough justices have power to appoint a
clerk, who is now paid by salary, the fees and costs pertaining to his
office being paid into the borough fund, out of which his salary is
paid. The council may by petition obtain the appointment of a
stipendiary magistrate for the borough. The crown may also on petition
of the council grant a separate court of quarter sessions for the
borough, and in that event a recorder has to be appointed by the
crown. He must be a barrister of not less than five years' standing,
and he holds office during good behaviour; he receives a yearly
salary. The recorder sits as sole judge of the court of quarter
sessions of the borough. He has all the powers of a court of quarter
sessions in a county, including the power to hear appeals from the
borough justices; but to this there are a few exceptions, notably the
power to grant licences for the sale of intoxicating liquor. The grant
of a separate court of quarter sessions also involves the appointment
by the council of a clerk of the peace for the borough. It should be
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