A 771,185
JS
3265
157

b
GENERAL LIBRARY
UNIVERSITY OF MICHIGAN.
THE
Hagerman Collection
OF BOOKS RELATING TO
HISTORY AND POLITICAL SCIENCE
BOUGHT WITH MONEY PLACED BY
JAMES J. HAGERMAN OF CLASS OF '61
IN THE HAND9 OF
Professor Charles Kendall Adams
IN THE YEAR
1883.
"
POT-WALLOPERS.—A
A "pot-waller, or "pot-
wallopper," was one who had a right to boil a pot within
the borough, and if he had possessed this right for six
months preceding an election, and had not been in the re-
ceipt of parochial relief, he had a vote. Taunton was a
pure pot-walling borough, and one of the most corrupt in
the kingdom. It is only very recently that the pot-wallers
there have been convinced that they are not entitled-as of
right to a sovereign a had at every election !-Once a
Week.
THE
21770
BURGESS'S MANUAL:
A
PRACTICAL EXPOSITION
OF
The Constitution of Corporate Towns,
AS REGULATED BY THE VARIOUS
MUNICIPAL CORPORATION ACTS,
COMPRISING
THE PROVISIONS RELATING TO THE MUNICIPAL ELECTIONS,
THE OFFICERS OF THE CORPORATION, THE TOWN COUNCIL,
THE GENERAL GOVERNMENT AND IMPROVEMENT OF,
AND THE ADMINISTRATION OF JUSTICE IN,
BOROUGHS,
AND
THE GRANT OF CHARTERS OF INCORPORATION TO
NON-CORPORATE
WFS.
TOWNS.
BY
FREDERIC MERRIFIELD, ESQ.
OF THE MIDDLE TEMPLE,
BARRISTER-A T-L A W.
LONDON:
V. & R. STEVENS AND G. S. NORTON,
Law Booksellers and Publishers,
26, BELL YARD, LINCOLN'S INN.
EDINBURGI: T. & T, CLARK; DUBLIN: HODGES & SMITH.
1854.
f
JS
3265
・m57
1
LONDON:
PRINTED BY C. ROWORTH AND SONS,
BELL YARD, FLEET STREET.
سم
ཀ
!
TO
THE HONOURABLE
SIR RICHARD BUDDEN CROWDER, KNT.,
ONE OF THE JUSTICES OF HER MAJESTY'S COURT OF
COMMON
PLEAS,
C
da w
Reclassi
This Book
IS,
BY HIS LORDSHIP'S PERMISSION,
RESPECTFULLY INSCRIBED.
PREFACE.
THE object of the author, in preparing this
volume, has been to provide a perspicuous
and low-priced guide to the numerous pro-
visions, scattered over many Acts of Parlia-
ment, relating to the government of Muni-
cipal Corporations. The work is, as its title
implies, designed principally for the use of
that large portion of the public in general
which is personally interested in knowing
something of the Corporate system. But the
author ventures to hope that the book may
also be found useful to the profession; and,
in this hope, he has carefully noted his au-
thorities, and appended references to some
recent cases.
He is desirous of acknowledging his obli-
gations to the following works :-Rawlin-
son's Municipal Corporation Act, &c. (2nd
vi
PREFACE.
edition, by W. N. Welsby), and Arnold on
Corporations-works which have spared him
a great deal of labour, and which he cannot
too strongly recommend to those who wish
to obtain a more extended knowledge of
the subject than this small volume can pre-
tend to offer.
2, Dorset Gardens, Brighton,
April, 1854.
L
Table of Statutes
Table of Cases
CONTENTS.
PART I.
THE SEVERAL MEMBERS AND OFFICERS.
The Burgesses
..
Who are Burgesses, Qualifications and Disqualifications
Claims and Objections
Preparation of the Burgess Lists
Revision of the Burgess Lists.
The Burgess Roll
•
Privileges of Burgesses
The Mayor ..
The Aldermen
The Councillors, their Number, Qualifications and Disqualifi-
cations
Elections of Councillors, ordinary and extraordinary
Who entitled to vote in Elections of Councillors
Proceedings at Elections of Councillors :
First, where the Borough is not divided into Wards
Secondly, where the Borough is divided into Wards..
The Elective Auditors and the Mayor's Auditor
The Borough Assessors and the Ward Assessors
The Town Clerk
The Treasurer
The Recorder
The Clerk of the Peace
The Borough Justices
The Clerk to the Justices
The Police Magistrates
The Coroner
The Sheriff
Other Officers
PAGE
xi
XV
1
1
8
10
15
18
20
21
25
30
34
36
37
45
49
51
54
58
61
62
63
64
65
66
71
72
viii
CONTENTS.
GENERAL PROVISIONS RELATING TO MEMBERS AND
OFFICERS.
PAGE
I. Declaration and Oaths by all Corporate Officers on or
before Admission..
73
II. Declaration to be made by certain Corporate Officers
before acting..
77
77
78
1. By Mayor, Aldermen, Councillors, Auditors and
Assessors
2. By Recorder and Borough Justices
III. Mayor, Aldermen, Councillors, Auditors and Assessors
must accept Office or pay a Fine.-Who exempt from
serving
IV. Extraordinary Vacancies in Corporate Offices.-How
they may be occasioned. — Bankruptcy, Amotion, &c.
V. Penalties on Officers, &c., for Offences against the
Municipal Corporation Act
79
82
86
1. For Neglect of Duty as to Burgess Lists and Elections 86
2. For acting without being duly qualified
88
3. Penalties on Persons for Bribery at Elections
89
4. On certain Officers acting as Clerk to the Justices.
-As to Actions for the above Penalties
91
VI. Summary Proceeding against Officers refusing to ac-
count
92
•
VII. Perpetual Disqualifications from holding Office..
VIII. Elections not held on the appointed Day to be held on
the following Day
94
95
IX. How the Right to corporate Offices, &c., is enforced or
contested.-Mandamus and Quo Warranto
X. Defect in Title of Officers not to invalidate their Acts 101
XI. Protection (against Actions, &c.) of Persons acting in
execution of the Municipal Corporation Act
102
96
PART II.
THE CORPORATE BODY AND THE GOVERNMENT AND
INTERNAL ECONOMY OF THE BOROUGH.
Name and Seal
Governing Body-The Council
104
105
CONTENTS.
ix
Meetings, Special Meetings, Proceedings at Meetings
Power to appoint Committees.
To make Bye-Laws..
Powers and Duties in general..
Prisons
Lunatic Asylums
Public Libraries and Museums
Public Baths and Washhouses
Application of the Public Health Act
Removal of Nuisances..
TAGE
105
111
111
113
114
121
125
126
127
128
129
134
..
138
Building, repairing, &c., of Public Buildings
Police-The Watch Committee
Charities, Paving, Lighting, Improvement, and General
Management of the Borough
Finance.
1. The Borough Revenues, Expenditure and Accounts,
Corporate Property, Borough Fund, Borough and
other Rates
..
140
2. Financial Relations between Boroughs and Counties 152
Justice.
1. The Borough Justices and their Jurisdiction
2. The Borough Court of Quarter Sessions
3. The Borough Court of Record
157
164
170
172
5. Fees of Officers of Courts of Justice
. 173
4. Juries
PART III.
PROVISIONS NOT COMING UNDER THE PRECEDING
HEADS.
Reserved Rights of Freemen-Temporary and special Provi-
sions, &c.
Grant of Charters of Incorporation
ERRATUM.
Page 37, note, last line, for "electors" read "elections."
174
. 177
TABLE OF DAYS fixed for the Performance of various
Municipal Duties, &c. in every Year.
Feb. 1st.-Coroner's return of inquests for the year ending
31st December preceding, to be transmitted to
Secretary of State.
Council to transmit a statement of the borough re-
venues and expenditure, made up to the last period
of audit, to the Secretary of State, before the 1st of
March.
Mar. 1st.-Appointment of mayor's auditor, and elections of
elective auditors and assessors.
Borough accounts to be made up for the half year
ending 1st of March, and audited in the month of
March.
Aug. 31st. The period selected for the termination of the period
of occupation required by the act.
All rates (except what have become payable within
the preceding six months) to be paid on or before
this day.
Receipt of charitable allowance within twelve months
before this date, a disqualification.
Sept. 1st.-Borough accounts to be made up for the half year
ending 1st of March, and audited in the month of
September.
5th.-Overseers to deliver burgess lists prepared by them
to the town clerk, and to keep copies for inspec-
tion until 15th of September.
8th.-Town clerk to fix copy of burgess lists on the door
of the town hall-there to remain one week.
15th.-Notices of claims and objections to be delivered on
or before this day.
23rd. Lists of claims and objections to be fixed on the
door of the town hall there to remain until the
30th of September (inclusive).
Oct. 1st.-Court of revision to be held between this day and
the 15th of October (both inclusive)-three days
previous notice having been fixed on the door of
the town hall.
22nd.—Burgess roll to be completed by this day.
Nov. 1st. The day on which the new burgess roll comes in
force-Elections of councillors.
9th.-Meeting of council at noon-Elections of mayor,
sheriff (if any), and aldermen.
TABLE OF STATUTES.
9 Anne, c. 20
11 Geo. 1, c. 4
•
5 Geo. 2, c. 18, s. 2.
32 Geo. 3, c. 58
55 Geo. 3, c. 51
4 Geo. 4, c. 64 ..
5 Geo. 4, c. 85.
s. 1
• •
•
...
97
158
•
99
145
.120, 129, 131
.115, 119, 120
129, 154
115
FAGE
21, 99
PAGE
5 & 6 Will. 4, c. 76, s. 25.. 25, 26
30, 105, 175, 176
s. 26
. 23, 29
s. 27
.25, 26, 176
s. 28
30, 31
s. 29
..29, 37
s. 30.21, 25, 35, 49, 51
s. 31...
•
35, 175
s. 32..
37
6 Geo. 4, c. 50
172
s. 33..
39
7 Geo. 4, c. 18
118
s. 34..
41
7 Geo. 4, c. 64, ss. 22, 23, 25 153
9 Geo. 4, c. 17
s. 35
•
42, 56
• ..
.75, 76
s. 36
ss. 2, 3, 4
1 & 2 Will. 4, c. 41
• ·
74
s. 37
137
s. 39
•
2 & 3 Will. 4, c. 64
155
ss. 40, 41.
3 & 4 Will. 4, c. 90
140
s. 42.
•
·
.. 24, 29
49, 51, 53
•
30, 176
30
.30, 176
5 & 6 Will. 4, c. 28
73
s. 43
•
5 & 6 Will. 4, c. 38 ....120, 129
45, 52
5 & 6 Will. 4, c. 76 (Municipal
Corporation Act),
s. 44.
•
46
s. 45.
•
20
S. 2
175
s. 46.
s. 47
..
48
•
•
35, 50, 53
s. 3
175
s. 48
•
87
s. 4
175
s. 49.
··
.20, 21, 22
s. 5
175
s. 50..
•
•
•
28, 29, 78
s. 6.
•
104, 105
s. 51
•
•
•
79, 80, 82
ss. 7, 8
176
s. 52
s. 9...
2, 6, 158
..
s. 10.
6
· ·
s. 11..
4,7
·
s. 12
3
s. 56.
s. 14
175
s. 15
.8, 55
s. 16
10, 57
s. 17
•
..
11, 56
s. 18
•
16, 56
s. 60.
s. 19..
s. 21
s. 22.
·
•
18
s. 61..
s. 53.
.83, 84
.88, 101
s. 54.. 31, 88, 94
s. 55.
s. 57..22, 23, 24, 29
s. 58..22, 39, 54, 58
72, 92
93, 158
71
90, 94
90, 94
63, 158
•
.17, 18
s. 62
•
.66, 67, 69
...
·
6, 18, 19, 56
s. 63.
69
s. 23
s. 24..
..
•
20, 56
s. 64.
66
s. 65..
.57, 176
xii
TABLE OF STATUTES.
(5 & 6 Will. 4, c. 76),
PAGE
(5 & 6 Will. 4, c. 76),
PAGE
ss. 66, 67.
142
s. 139
142
s. 68...
176
s. 141
178
s. 69..21, 23, 105,106
s. 142
•
.8, 11, 139
107, 109
s. 70..
6 & 7 Will. 4, c. 89
68
111
s. 71
6 & 7 Will. 4, c. 104 (Municipal
138, 139
Funds Act),
ss. 72-75
139
ss. 1, 2, 3
142
s. 76.
•
23, 134
s. 5
148
s. 77
134
s. 7
88
ss. 78-81
135
s. 8
80, 83
s. 82..
136
s. 9
175
ss. 83, 86
137
s. 10.
·
150
ss. 87, 88.
140
s. 90..
•
112
s. 91
•
113
s. 92..5, 62, 141-145
6 & 7 Will. 4, c. 105 (Municipal
Administration of Justice
Act),
s. 1...
•
.119, 168
148
s. 2..
.115, 168
s. 93
.23, 51, 149
S. 3
79
S. 94
.141, 142
S. 4
21
s. 99.
• •
65
s. 98.. .63, 157, 158
s. 101..63,157,159,164
s. 102..62, 64, 91,160
s. 103..26, 31, 61, 62
63, 158, 165, 167
s. 104
s. 105
•
79
62
s. 106
23, 169
ss. 107, 110.... 175
•
7 Will. 4 & 1 Vict. c. 19 (Borough
Quarter Sessions Act).. 169
7 Will. 4 & 1 Vict. c. 68.. 68, 69
7 Will. 4 & 1 Vict. c. 78 (Muni-
cipal Act Amendment Act),
s. 5
·
26, 71, 106
s. 6
70
s. 7
176
s. 8
s. 9
139, 168
171
s. 111
158
s. 1
101
s. 112
152
s. 4
52
s. 113
153
s. 5
20, 102
s. 114.. 115, 152, 154
s. 6
• •
20, 150
s. 115
s. 116.
s. 117
•
•
116
s. 8
•
• •
115, 120
s. 9
•
152
s. 10
•
s. 118.. 62, 170, 171
s. 119
171, 172
s. 121..63, 169, 172
s. 11
3
3, 4
176
35, 36, 48
• •
ss. 12, 13
•
•
..
176
s. 14
•
27, 56
s. 122..20, 23, 29, 34,
s. 15.
31
57, 60, 64, 173
s. 16
48
s. 123
175
s. 17.
54
s. 124
63, 173
s. 18
•
38
s. 125
174
s. 22
•
109, 110
s. 127
•
.113, 160
s. 23
• ·
100
ss. 128, 129
• •
161
s. 24.10,16,97,98,151
s. 130....
161, 175
s. 25
95
s. 131
·
•
161
s. 26
•
•
97
s. 133
s. 132..113, 161, 177
..88,113
s. 27
•
•
175
8. 28
• 2 •
142
TABLE OF STATUTES.
xiii
PAGE
147
139, 163
s. 32..
(7 Will. 4 & 1 Vict. c. 78),
s. 29
s. 31
•
PAGE
(5 & 6 Vict. c. 98),
ss. 5, 6 ....132, 146
s. 7....132, 146, 148
171
ss. 8, 9
•
ss. 33, 35
.
.... 171
s. 13.
s. 36
•
172
s. 14.
s. 37
120, 129, 130
s. 15
··
s. 38.
120
s. 17
•
114, 164, 165
...115, 129
131
130
119
s. 39
..
.31, 85, 94
s. 18
......152, 154
130
s. 19
....152, 153
176
•
115
s. 21
s. 22
s. 20.. 146, 152, 154
5 & 6 Vict. c. 104 (Municipal
Act further Amendment Act),
.152, 154
152
s. 40
s. 41
•
·
s. 42..
s. 44.. 144, 151, 176
ss. 45-48
138
s. 49..179, 180, 181,
182, 183
7 Will. 4 & 1 Vict. c. 81 (Muni-
cipal Rates Act)
s. 3
147
72
1 & 2 Vict. c. 5 (Municipal De-
clarations Act)..... 75, 76
1 & 2 Vict. c. 15.
s. 1
·
75
1 & 2 Vict. c. 31 (Municipal
Church Patronage Act). 142
1 & 2 Vict. c. 35 (Stamp Duty
on
Act),
Freemen's
s. 1
2 & 3 Vict.
•
Admission
175
c. 27 (Borough
Courts Act),
ss. 1, 2, 3...... 171
s. 1
s. 2
s. 8
·
33
108
32
6
6 & 7 Vict. c. 18, s. 76
6 & 7 Vict. c. 89 (Municipal
Act further Amendment Act),
s. 1
•
s. 5
s. 6
•
ss. 7,8
6 & 7 Vict. c. 104, s. 8
7 & 8 Vict. c. 19
100
.98, 101
58
167
32
170
7 & 8 Vict. c. 93 (Arbitration be-
tween Counties and Boroughs
Act)
154, 155
8 & 9 Vict. c. 52 (Jews' Decla-
ration Act)
76
2 & 3 Vict. c. 28 (Municipal | 8 & 9 Vict. c. 110 (Borough and
Watch Rates Act),
s. 1
147
2 & 3 Vict. c. 56, s. 1..115, 116
s. 3
•
ss. 12, 13.
•
116
.
130
3 & 4 Vict. c. 28 (Watch Rates
Act Amendment Act). 147
3 & 4 Vict. c. 47
Watch Rates Act) 147, 168
s. 4
s. 6
s. 7
150
•
147
163
8 & 9 Vict. c. 126 (Lunatic Asy-
lums and Pauper Lunatics
Act).
·
•
121, 156
21 9 & 10 Vict. c. 74 (Public Baths
and Washhouses Act) 126, 143
4 & 5 Vict. c. 48 (Corporations
Rating Act)
•
142
5 & 6 Vict. c. 53 (District Courts
and Prisons Act)
•
•
170
ss. 1-11 .. 116, 129
ss. 12-29
ss. 31-43
•
126
s. 4....126, 146, 151
s. 3
ss. 5 and 7
126
ss. 12, 22, 23, 33, 34
35, 36, 37, 127
115
118
9 & 10 Vict. c. 84
10 & 11 Vict. c. 43
132, 143
5 & 6 Vict. c. 98 (Prisons Act),
ss. 1, 2
s. 3
S. 4
·
··
•
•
130, 131
131
132
•
121
•
121
11 & 12 Vict. c. 14 (Borough Po-
lice Superannuation Fund
Act)..
s. 2
•
136
151
xiv
TABLE OF STATUTES.
PAGE (13 & 14 Vict. c. 65),
11 & 12 Vict. c. 39 (Prisons Build-
ing, &c. Act)
•
132
11 & 12 Vict. cc. 42, 43 (Admi-
nistration of Justice Acts) 162
11 & 12 Vict. c. 63 (Public Health
Act)..
ss. 8, 9
s. 10
127
•
127
127, 128
ss. 12, 33, 121, 122, 128
11 & 12 Vict. c. 78
•
168
11 & 12 Vict. c. 123 (Nuisances
Removal and Diseases Pre-
vention Act, 1848)..
128
12 & 13 Vict. c. 8 (Overseers'
Appointment (Cities and
Boroughs) Act)
164
12 & 13 Vict. c. 18 (Petty Ses-
sions Act)
s. 1
143, 163
162
12 & 13 Vict. c. 64 (Poor Relief
in Boroughs Act) 164
12 & 13 Vict. c. 65 (County Rates,
&c. Act)
147
12 & 13 Vict. c. 82 (Boroughs Re-
lief from County Rate Act),
s. 1
s. 2
•
156
157
12 & 13 Vict. c. 94 (Public Health
Supplemental Act, 1849),
s. 10...
PAGE
ss. 1, 2...
125
s. 3 ..
125, 146
...
126
125
136
ss. 4, 5, 7.
s. 8
•
13 & 14 Vict. c. 87
13 & 14 Vict. c. 91 (Borough
Gaols Act, 1850),
ss. 2, 5, 6.. 152, 153
154
13 & 14 Vict. c. 99 (Small Tene-
ments Rating Act
7
14 & 15 Vict. c. 23 (Public Works,
&c. Act, 1851)
•
124
15 & 16 Vict. c. 5 (Municipal Cor-
poration Amendment Act,
1852),
ss. 1, 6.....
33
164
15 & 16 Vict. c. 38
15 & 16 Vict. c. 81 (County Rates
Act, 1852)
145, 147
16 & 17 Vict. c. 79 (Municipal
Corporations
Act, 1853),
Amendment
ss. 2, 3, 4...... 180
s. 6
172
s. 7 ..24, 29, 44, 145
s. 8 22, 23, 24, 29, 44
105
s. 9
s. 11
• • · •
. 35, 36, 53
128
s. 12
•
•
53
s. 13
28
s. 14..
8
s. 15..
•
180
12 & 13 Vict. c. 111 (Nuisances
Removal and Diseases Pre-
vention Amendment
Amendment Act,
1849)
• •
128
13 & 14 Vict. c. 32 (Public Health
Supplemental Act, 1850),
s. 6
128
13 & 14 Vict. c. 42 (Boroughs' In-
corporation Confirming Act,
1850),
S. 3
16 & 17 Vict. c. 97 (Lunatic Asy-
lums Act, 1853).. 121, 143,
S. 2
156, 157
121
ss. 3, 4, 5, 6, 8.. 122
s. 7
ss. 9, 10
•
145, 179
s. 30
13 & 14 Vict. c. 64 (Borough
s. 46..
121, 122
123
122
124, 146
Bridges Act),
ss. 47, 48.
•
124
s. 1
133
s. 49
150
s. 2
• •
133, 145
s. 50
124
s. 3
•
s. 4
•
133
133, 150
ss. 51, 52, 129,
130
•
124
s. 5
•
133
s. 131
123
13 & 14 Vict. c. 65 (Public Libra-
ries Act, 1850) …….. 125
s. 132
•
121
TABLE OF CASES.
PAGE
PAGE
E.
A.
Addison v. Preston (Mayor of) 171
Arnold v. Poole (Mayor of) 55, 104
Attorney-General v. Norwich
(Mayor of)
(Corporation of)
v. Litchfield
144
145
Eggington, Ex parte
Evans, In re
F.
94
2
B.
Fernley v. Worthington
Fishmorgers' Company v.
Robertson
of) v Oswald
Berwick-upon-Tweed (Mayor
Birmingham (Mayor of) v.
Flight's case,
Bedford
..
145
104
11
58
··
Wright
72
Bruce v. Bruce
4
G.
Bushell, App., Luckett, Resp. 8
Bush v. Ralling..
89
Gateshead, In re (The Jus-
tices of)
93
C.
Carmarthen (Corporation of)
In re
Clarke v. Gant ..
Coe v. Lawrence
H.
42
87
Hammond v. Peacocke
120
91, 160
Harding v. Stokes
89
Henslow v. Fawcett
89
55
Hughes, App., Chatham (Over-
5
seers of) Resp.
5
2
Cope v. Thames Haven Dock
and Railway Company
Crooke, App., Luckett, Resp.
Croucher, App., Lambeth,
Resp..
J.
D.
Jones v. Carmarthen (Mayor
Downing, App., Luckett, Resp. 2
Duigenan's case
of)
•
54
3,4
v. Johnson 102, 145, 148
xvi
TABLE OF CASES.
K.
King v. Burrell ..
-
v. Share
PAGE
87,102
87
R. v. Coward
- v. Deighton.
PAGE
27,38
v. Dale
•
. 163
v. Dixon..
11, 27
101
M.
v. Dunn.
..
Mellor v. Leather
103
v. Edye
Miles v. Bough
109
v. Ellis
Moss, App., Lichfield (Over-
seers of), Resp. .
4
v. Eyles.
v. Dodsworth
v. Dover (Mayor of)
v. Duncan
41
98
144
144
101
41
v. Evesham (Mayor of )..
Eye (Mayor of) In re
Neobard
10
2,16
N.
Northampton Charities, In re 137
P.
Page, App., Perkins, Resp.
Phillips' case
Pitts, App., Smelley, Resp.
R.
2
3,4
2
Rutter v. Chapman.. 180, 183
R. v. Arnold
v. Avery
v. Fryer
v. Greene
v. Gregory
-v. Harwich (Mayor of ) 8
A. & E. 919, 1 P. & D. 134
11, 16
- v. Harwich (Mayor of), 1
El. & Bl. 617, 17 Jur. 914,
22 L. J. (Q. B.) 216
- v. Harwich, 1 Bail Court
3
4
77, 144
4,38
v. Grimshaw
..67, 100, 108
v. Grosvenor..
80
v. Hartlepool (Mayor of )
v. Harvey
15
32
11
42
Cases, 13..
98
37
- v. Hiorns
39
v. Axmouth
5
- v. Hodge..
..
99
v. Bailey..
2
- v. Hodson
100
v. Bath (Recorder of)
144
- v. Hull (Recorder of)
169
v. Blagg..
42
- v. Hulton
137
v. Bourchier
165, 183
- v. Humphrey
74
v. Bower..
80
- v. Hungerford
80
of)
- v. Carroll
V.
v. Bradford (Mayor of)
v. Bridgenorth (Mayor of)
v. Bridgewater
v. Bridgwater (Mayor of ) 144
v. Bridgwater (Inhabitants
Carmarthenshire (Jus-
26
- v. Kidderminster (Mayor
16
of) ..
4, 11
5
- v. Lancaster..
- v. Ledgard
158
2
v. Lancashire (Justices of) 177
v. Leeds (Mayor of ) 38, 42
44, 84, 143
v. Lichfield (Mayor of ) 5, 6,
120
42
tices of) ..
68
10, 16
ܳ
v. Chapman
40
v. Lichfield (Town Coun-
v. Coaks
31, n., 81, n. 101,
cil of)
143, 144, 151
v. Corfe Mullen (Inhabi-
tants of) ..
v. Maddy
21, 26
77
v. Maish
41
TABLE OF CASES.
xvii
PAGE
R. v. Masters
v. May
168, n.
101
R. v. Warwickshire (Justices
of)
PAGE
68
1. M Gowan
21
v. Milner
100
- v. Warwick (Mayor of )
- v. Westmoreland (Justices
144
v. Mitchell
4
of)
145
v. Morton
47
of)
v. New Sarum (Mayor of) 152
- v. New Windsor (Mayor
v. North Curry (Inhabi-
v. Weymouth & Melcombe
Regis (Mayor of )
52
- v. Whitwell
80
5, 16
- v. Wilts (Justices of)
152
tants of)
v. Okehampton
v. Oswestry
4
- v. Winchester (Mayor of) 44
- v. York (Mayor of) 120, 142
5
153
S.
·
106
81
55, 143
99
158
177
v. Rowley
v. Oxfordshire (Justices of) 68
v. Oxford (Mayor of)
v. Paramore
v. Parkyns
v. Parry
v. Perkins
v. Preece
- v. Prest
v. Quayle
v. Read ..
v. Richmond (Duke of)
v. Ripon (Justices of)
144
Saint John's Hospital case,
In re
Score, App., Huggett, Resp.
99 Simpson v. Read
Southampton Dock Company
v. Richards
Stevenson v. Norwich (Mayor
Sutton's Hospital case
84
70
of)
137
2
88
109
55
104
4
44
T.
v. Sankey
57
v. Sefton
Tarrant v. Baker
2
. 170
v. Sidney..
101
v. Spalding
41
V.
v. Stacey
99
v. Stamford
v. Stanley
v. Sutcliffe
v. Taylor
v. Thomas
•
Thompson
v. Thwaites
v. Trapshaw
v. Waghorn
55
Vanacher's case ..
. 80, 81
..
47
..147, 163
W.
..
183
54 Wansey, App., Perkins, Resp. 2, 5
Whalley v. Bramwell
41
32, 38, 89
2
163
3
Whithorn, App., Thomas, Resp. 4
Wright, App., Stockport (Town
Clerk of), Resp. ..
5
F
b
•
こ
​A
PART I.
THE SEVERAL MEMBERS AND
OFFICERS OF THE CORPORATION.
THE BURGESSES.
Who are Burgesses.
Qualifications (all of which must be united in
the individual).
1. Being male and of full age.
2. Having on the last day of August in any year
occupied any house, warehouse, counting-house, or
shop within the borough during that year, and the
whole of each of the two preceding years.
3. Having been, during the time of such occu-
pation, an inhabitant householder within the borough
or within seven miles of it.
4. Being duly enrolled on the burgess roll for
that year.
5. Having been rated in respect of the premises
so occupied to all parish poor rates made during the
time of his occupation; and having paid, on or be-
fore the last day of August, all poor and borough
rates which shall have become payable in respect
of such premises, except such as became payable
NOTE.-Where the section only of an Act of Parliament
is referred to, the reference is to the Municipal Corporation
Act, 5 & 6 Will. 4, c. 76, (passed 9th September, 1835.)
B
"i
2
THE BURGESSES.
within six months next before the said last day of
August.
Disqualifications (any one of which will exclude).
1. Being an alien.
2. Having been convicted of bribery.
3. And it is provided that no person shall be en-
rolled in any year who within twelve months next.
before the said last day of August shall have received
any parochial relief, alms, or charitable allowance.
Sect. 9.-"Every male person of full age who on the
last day of August in any year shall have occupied (a)
(a) Occupied, &c. A party residing in a house for the
whole of which he is rated is entitled to be on the burgess-
roll, as an occupier of a house, notwithstanding he lets a
room in the house at a yearly rent to a person who does not
sleep there (Reg. v. Mayor of Eye, In re Neobard, 9 A.
& E. 670; see also Rex v. Sefton, Russ. & Ry. 202, and
the note thereon in Rawlinson's Municipal Corporation Act,
2nd edit. p. 16), or, it would seem, to a person who does
sleep there. See Pitts, App., Smedley, Resp., 7 M. & G. 85 ;
S. C. Bar. & Arn. 344; Page, App., Perkins, Resp., 8
Scott, N. R. 983; Wansey, App., Perkins, Resp., Hill's
Case, 7 M. & G. 15; S. C. Bar. & Arn. 409; Croucher,
App., Lambeth, Resp., 8 Scott, N. R. 985.
Where different tenements were under the same roof, and
opened on a common passage and staircase, the occupier of
each set of premises, being duly rated, was held to be quali-
fied under this section of the Act. In the matter of Evans,
9 A. & E. 679.
And where one house is let out in separate portions to
different tenants, and the owner or landlord does not reside
(Downing, App., Luckett, Resp., 5 C. B. 40; Toms, App.,
Luchett, Resp., 5 C. B. 23) on the premises, though there is
but one outer door common to all the tenants, each distinct
portion so let is considered the house of its occupier. Rex
THE BURGESSES.
3
.
any house, warehouse, counting-house or shop within
any borough during that year and the whole of each of
the two preceding years (b), and also during the time of
such occupation shall have been an inhabitant house-
holder c) within the said borough, or within seven
v. Trapshaw, 1 Leach, 427; Rex v. Carroll, Id. 680;
Rex v. Bailey, 1 Mood. C. C. 23; and Littledale, J., in
Reg. v. Mayor of Eye, 9 A. & E. 680; Score, App., Hug-
gett, Resp., 7 M. & G. 95; S. C. Bar. & Arn. 355.
But where a person lets a portion of his house to lodgers,
and retains any part of it as his own dwelling, he has the
legal occupation of the whole; he is the party liable to be
rated, and entitled to be registered as a burgess. See Phil-
lips' case, Alcock's Registry Cases, 20, and Duigenan's
case, Id. 114.
See also R. v. Eyles, Cald. S. C. 414, and
the cases collected on this point in Rogers on Election Law
and Elliott on Registration.
A question has been raised whether joint occupiers are
entitled to be registered. The practice has been, it is be-
lieved, almost universal to admit them. See note 1 to this
section, Rawlinson's Municipal Corporation Act, pp. 16, 17,
18, and cases there cited.
(b) During that year and the whole of each of the two
preceding years. A removal during the three years, provided
each set of premises occupied during that period is such as
would entitle the occupier to be enrolled, will not disqualify.
See the second proviso in this section above; see also
Whalley v. Bramwell, 15 Ad. & Ell. N. S. (Q. B.) 775.
Where any house, warehouse, counting-house or shop comes
to a person by descent, marriage, marriage settlement, devise.
or promotion to any benefice or office, he may reckon the
occupancy and rating of his predecessor conjointly with the
period of his own occupancy and rating, so as to make up
the period required by the act. Sect. 12, and 7 Will. 4 &
1 Vict. c. 78, ss. 8 & 9.
(c) And also during the time of such occupation shall
B 2
4
THE BURGESSES.
D
miles of the said borough, shall, if duly enrolled in that
year according to the provisions hereinafter contained,
be a burgess of such borough and member of the body
corporate of the mayor, aldermen and burgesses of
such borough: Provided always that no such person
shall be enrolled in any year unless he shall have been
rated (d), in respect of such premises so occupied by
him within the borough, to all rates made for the relief
of the poor of the parish wherein such premises are
situated during the time of his occupation as aforesaid,
have been an inhabitant householder, &c. Under this section
a party must be an inhabitant householder in addition to his
occupation (but it will be sufficient if he occupies and resides
in the same house). The act thus excludes not only lodgers
and inmates (ante, p. 2, note a), but also non-residents.
To be an inhabitant the party must reside within the
borough, or within seven miles thereof. See Rex v. Fryer
and others, cited in Rex v. Inhabitants of North Curry, 4
B. & C. 961.
Many questions have arisen and been decided as to what
sufficient residence. See Phillips' case, ubi supra; and
Duigenan's case, ubi supra ; and Rex v. Duke of Richmond,
6 T. R. 560; R. v. Sargent, 5 T. R. 466; Bruce v. Bruce,
2 Bos. & P. 229; R. v. Mitchell, 10 East, 511; Whithorn,
App., Thomas, Resp., 7 Man. & G. 1; and Elliott on Re-
gistration, 204 (2nd edit.)
(d) Rated, &c. Many questions have arisen as to what is
a sufficient rating, and the decisions as to actual and virtual
rating have been numerous and conflicting. See Moss, App.,
Overseers of Lichfield, Resp., 7 Man. & G. 72. See also
Lord Mansfield's reasons, 2 Burr. 1053; and the cases on
this head collected in Elliott on Registration, 190 (2nd edit.);
and Arnold on Corporations, p. 88. See also 7 Will. 4 & 1
Vict. c. 78, s. 9 (stated ante, p. 3, note (b)); and see Reg. v.
Mayor of Kidderminster, 2 L. M. & P. (P. C.) 201; and
Reg. v. Gregory, 17 Jur. 439.
He must be rated for the whole of the premises in respect
of which he claims to be qualified as an occupier (see ante,
THE BURGESSES.
5
and unless he (e) shall have paid, on or before the last
day of August as aforesaid, all such rates (ƒ), including
therein all borough rates, if any, directed to be paid
under the provisions of this act, as shall have become
payable by him in respect of the said premises, except
such as shall become payable within six calendar months
next before the said last day of August: Provided also
that the premises in respect of the occupation of which
any person shall have been so rated need not be the
sanie premises or in the same parish, but may be dif-
ferent premises in the same parish or in different
parishes: Provided also that no person being an alien
shall be so enrolled in any year, and that no person
shall be so enrolled (g) in any year who, within twelve
note (a), p. 2). In certain cases he is to be deemed rated,
although not actually so; see sect. 11, stated post, p. 7, and
the note thereto.
(e) He, §c. The payment must be by the party himself,
or by some person duly authorized by him. Wansey, App.,
Perkins, Resp., Bar. & Arn. 402; S. C. 7 M. & G. 145.
But a payment by the landlord in consequence of a bona fide
arrangement between him and his tenant, who pays an addi-
tional rent in respect thereof, is a sufficient payment by the
tenant under the Reform Act. Wright, App., Town Clerk of
Stockport, Resp., Bar. & Arn. 39; S. C. 5 M. & G. 33;
Hughes, App., Overseers of Chatham, Resp., Id. 54; Cooke,
App., Luckett, Resp., Bar. & Arn. 647; S. C. 2 C. B. 168.
See also the decisions on the following settlement cases: R.
v. Bridgwater, 3 T. R. 550; R. v. Axmouth, 8 East, 383;
R. v. Okehampton, Burr. S. C. 5.
(ƒ) All such rates. The provision in this section is held
to apply only to poor-rates and the borough-rate in the na-
ture of a county rate under the 92nd section (as to which see
post, p. 144). See Reg. v. Mayor, &c., of Lichfield, 2 Q. B.
693, and 2 G. & D. 10. See also R. v. Mayor of New
Windsor, 7 Q. B. 908.
(g) Enrolled. This word must be read here as meaning
6
THE BURGESSES.
calendar months next before the said last day of August,
shall have received parochial relief or other alms (h), or
any pension or charitable allowance (i) from any fund
intrusted to the charitable trustees of such borough
hereinafter mentioned: Provided that in every case
provided in this act the distance of seven miles shall be
computed (k) by the nearest public road or way by land
or water.
It will have been observed that under the 9th
section a person is not a burgess unless he is en-
rolled. I proceed, therefore, to consider what a
person must do to procure himself to be enrolled.
The burgess roll being a mere transcript of the
"inserted or retained on the burgess lists," the act of en-
rolling strictly being only a ministerial act on the part of the
town clerk, under s. 22 (post, p. 19). Rawlinson's Municipal
Corporation Act (2nd edit., p. 21, n.).
(h) Parochial relief or other alms. In the construction
of this expression it has been held that the word "parochial"
must be read as applying to "relief," and also to “alms."
Reg. v. Mayor of Lichfield, &c., supra. As to what con-
stitutes "parochial" relief or alms, see Rawl. Municip.
Corp. Act, note 7 to this section, and the cases there cited.
See also the numerous cases collected in Elliott on Registra-
tion, and Rogers on Elections.
(i) Charitable allowance. Sect. 10 enacts, that no medical
or surgical assistance, given by the charitable trustees of the
borough, shall be taken to be such charitable allowance as
shall disqualify; nor shall any person be disqualified by rea-
son that any child of such person shall have been admitted
and taught within any public or endowed school.
(k) Distance of seven miles shall be computed, &c. Under
the Reform Act the distance is measured in a straight line.
6 & 7 Vict. c. 18, s. 76.
THE BURGESSES.
7
burgess lists, the latter will naturally be the first of
the two to be treated of. And as rating is required
previously to being admitted on the burgess lists,
it will be proper to preface what is to be said under
the head of the burgess lists, by setting forth a pro-
vision in the act which empowers a person to claim
to be rated.
How Occupiers may claim to be rated.
"In every borough it shall be lawful for any person
occupying any house, warehouse, counting-house
or shop, to claim to be rated to the relief of the
poor in respect of such premises, whether the land-
lord shall or shall not be liable to be rated to the
relief of the poor in respect thereof; and upon
such occupier so claiming and actually paying or
tendering the full amount of the last made rate
then payable in respect of such premises, the over-
seers of the parish in which such premises are
situate are hereby required to put the name of
such occupier upon the rate for the time being;
and in case such overseer shall neglect or refuse so
to do, such occupier shall nevertheless, for the pur-
poses of this act, be deemed to have been rated to
the relief of the poor in respect of such premises,
from the period at which the rate shall have been
made, in respect of which he shall have so claimed
to be rated as aforesaid (1)."
(7) Sect. 11. See also 13 & 14 Vict. c. 99, authorizing
the vestry to declare that £6 tenements shall be rated to the
owners instead of the occupiers, and reserving to all such
8
THE BURGESSES.
The claim under this section may be made ver-
bally or otherwise; but every occupier, on his
claiming, must at the same time tender the amount
of the last made rate then due in respect of his
premises, by whomsoever originally payable. As
to what is "the rate for the time being," see
Bushell, App., Luckett, Resp., 2 C. B. 111 (m).
Preparation of the Burgess Lists.
Lists to be prepared by the Overseers, &c.
The lists are to be prepared by the overseers,
and delivered on the 5th of September to the
town clerk, who is to cause copies to be printed
and sold, and to fix up, from the 8th to the 15th
of September, a copy of the lists on the door of
the Town Hall. The overseers' expenses are to be
paid out of the borough fund (n).
Sect. 15.--On the 5th day of September in every year
the overseers (o) of the poor of every parish, wholly
or in part within any borough, shall make out an
alphabetical list, to be called "The Burgess List,"
according to the Form No. 1 in the Schedule (D) to
this act annexed, of all persons who shall be entitled to
occupiers their municipal privileges as if the rating had been
in their own names.
(m) Rawl. Municip. Corporation Act, note 2 to sect. 11,
p. 26, where some useful observations will be found on this
section.
(n) Sect. 24.
(0) By s. 142, this word is construed to mean all persons
who shall execute the duties of overseers of the poor; and by
16 & 17 Vict. c. 79, s. 14, it is declared, that every matter
directed by the 5 & 6 Will. 4, c. 76, or by any act for amend-
THE BURGESSES.
9
be enrolled (p) in the burgess roll of that year, accord-
ing to the provisions of this act, in respect of property
within such parish, and the overseers shall sign such
burgess lists, and shall deliver the same to the town
clerk of the borough on the said 5th day of September
in
every year, and shall keep a true copy of such lists
to be perused by any person without payment of any
fee, at all reasonable hours, between the 5th and 15th
days of September in every year; and the town clerk
shall forthwith cause copies to be printed of all over-
seers' lists delivered to him, and shall deliver a copy of
all such lists to any person requiring the same, on pay-
ment of a reasonable price for each copy; and shall
cause a copy of all such lists to be fixed on or near the
outer door of the Town Hall, or in some public and con-
spicuous situation within the Borough, on every day
during the week next preceding the 15th day of Sep-
tember in every year.
Form of Burgess List.
THE LIST OF BURGESSES of the Borough of
[or Township] of
Christian Name and
Surname of each
Person at full length.
Nature of the
property rated.
Shop
House
-, in the Parish

Street, Lane, or other place
in this Parish [or Township]
where the property is situated
for which he is now rated.
No. 23, Church Street.
Brook's Farm.
Ashton, John
Bates, Thomas
(Signed.) A. B.
C. D. }
}
Overseers of the said parish
[or township] (q).
ing the same, to be done by overseers, may be lawfully done
by the major part of such overseers.
(p) See title "Who are Burgesses," ante, p. 1.
(9) Schedule D., No. 1.
B 5
10
THE BURGESSES.
Where the overseers have neglected to make
out the lists, relief will be afforded under 7 Will.
4 & 1 Vict. c. 78, s. 24 (r), as to which, see post,
pp. 16, 97.
As to what is to be done where the town
clerk is dead or incapable of acting, see post, p.
57. As to penalties on overseers and town clerk
for neglect of duties, see post, p. 86.
Preparation of the Lists for places in which there
are no Overseers.
Every precinct or place which has no overseers
is, for the purpose of making out the lists, to be
deemed within the adjoining borough parish; or
if it adjoins two borough parishes, then within
the least populous of them; and the overseers of
such parish shall insert in the list for their parish,
the names of the persons entitled in respect of
such precinct or place (s).
Claims and Objections.
Persons omitted from, and claiming to be in-
serted in, the burgess lists must, on or before 15th
September, give notice of their claims to the town
clerk.
(r) Rex v. Mayor of Lichfield, 1 G. & D. 28.
(s) Sect. 16.
THE BURGESSES.
11
Notices of objections to any person on the lists
must be delivered to the town clerk, and to the
person objected to, on or before the 15th Sep-
tember.
Lists of claims and objections are to be made
out by the town clerk, and fixed up, from the
23rd September to the 1st October, on the door of
the Town Hall. Care should be taken to frame
the claims and objections in accordance with the
forms provided by the Act (t), which are given
post, p. 14.
Sect. 17.-"Every person whose name shall have been
omitted in any such burgess list, and who shall claim
to have his name inserted therein, shall, on or before
the 15th day of September in every year, give notice
thereof to the town clerk in writing, according to the
form No. 2 in the said Schedule (D), or to the like effect;
and every person whose name shall have been inserted
in any burgess list for any borough may object to any
other person as not being entitled to have his name
retained in the burgess list for the same borough; and
every person so objecting shall, on or before the 15th day
of September in every year, give to the town clerk of
such borough, and also give to the person objected to,
(t) See Reg. v. Mayor of Harwich, 8 A. & E. 919;
1 P. & D. 134; Flight's case, The Bedford Committee, P.
& K. El. Cases, 119; R. v. Deighton, 5 Q. B. 896; Reg.
v. Mayor of Kidderminster, 2 L. M. & P. (P. C.) 201;
Reg.v. Mayor of Harwich, 1 El. & Bl. 617; 17 Jur. 914;
22 L. J. (Q. B.) 216; and the decisions on the validity of
notices of claims and objections under the Parliamentary
Registration Act, collected in Arnold on Corporations, p.
110. See also sect. 142, providing that no misnomer, &c.
shall invalidate, provided the description be such as to be
commonly understood.
12
THE BURGESSES.
or leave at the premises for which he shall appear to be
rated in the burgess list, notice thereof in writing, ac-
cording to the form No. 3 in the said Schedule (D), or
to the like effect; and every town clerk shall include
the names of all persons so claiming to be inserted on
the burgess list in a list according to the form No. 8 (u)
in the said Schedule (D), and shall include the names of
all persons so objected to as not entitled to be retained
on the burgess list in a list according to the form No. 5
in the said Schedule (D), and shall cause copies of such
several lists to be fixed on or near the outer door of the
Town Hall, or in some public and conspicuous situation
within such borough, during the eight days next pre-
ceding the 1st day of October in every year; and the
town clerk shall likewise keep a copy of the names of
all persons so claiming as aforesaid, and also a copy of
all persons so objected to as aforesaid, to be perused by
any person, without payment of any fee, at all rea-
sonable hours during the eight days, Sunday excepted,
next preceding the 1st day of October in every year,
and shall deliver a copy of each of such lists to any
person requiring the same, on payment of a sum not ex-
ceeding one shilling for each copy."
Form of Notice of Claim.
To the Town Clerk of the Borough of
I HEREBY give you notice, that I claim to have my
name inserted in the Burgess List of the Borough
of
that I occupy [here describe the house,
warehouse, counting-house, or shop then occupied by
the claimant] in the borough, and that I have been
rated in the parish of --, [here state the parish,
(u) For 8 read 4.
THE BURGESSES.
13
or several parishes, and the time during which the
claimant has been rated in each of them within the
borough, necessary for his qualification.]
Dated the
day of
in the
year
(Signed) JOHN Allen of
[place of abode (u)].
Form of Notice of Objection.
To the Town Clerk of the Borough of
[or to the person objected to, as the case may be.]
I HEREBY give you notice that I object to the
name of Thomas Bates, of Brook's Farm, in the
parish of [describe the person objected to as
described in the Burgess List], being retained on
the Burgess List of the Borough of
Dated the day of
(Signed) JOHN ASHTON, of
in the year
[here state the
place of abode and property for which
he is said to be rated in the Burgess
List (x)].
(u) Schedule (D), No. 2.
(x) Schedule (D), No. 3.
14
THE BURGESSES.
Form of List of Claimants.
LIST OF CLAIMANTS.
The following persons claim to have their names
inserted on the Burgess List of the Borough of
Christian Name
and Surname of
each Claimant.
Allen, John .. House
Nature of the
Property for
which he is
now Rated.
Situation of the
Property for
which he is now
Rated.
Parish [or Parishes]
in which he has
been Rated as stated
in the Claim.
No. 17, High Rated in the last
Street
the
year in St. Mary's
Parish, in
Borough, and in
the two preced-
ing years in St.
James's Parish,
in the Borough.
(Signed) A. B., Town Clerk (y).
Form of List of Persons objected to.
LIST OF PERSONS OBJECTED TO.
The following persons have been objected to as
not being entitled to have their names retained on
the burgess list of the borough of:

Christian Name
and Surname of
each Person
objected to.
Nature of the
Property for
which he is now
Rated.
Bates, Thomas House
Situation of the
Property for
which he is said.
to be now Rated
in the Overseer's
List.
Parish in which is
the Property for
which he is now said)
to be Rated in the
Overseer's List.
Brook's Farm. St. James's.
(Signed) A. B., Town Clerk (≈).
(y) Schedule (D), No. 4.
(z) Schedule (D), No. 5.
THE BURGESSES.
15
Revision of the Burgess Lists.
The mayor and the two borough assessors (a) are
to hold an open court for revising the burgess
lists, at some time between the 1st and the 15th
October, both inclusive. At this court the town
clerk is to produce the burgess lists, and the lists
of claims and objections. The overseers, vestry
clerks, and poor-rate collectors are to attend, to
answer questions on oath; and the mayor is to re-
vise the lists, inserting in them the claims that are
made out, and expunging the names of such per-
sons as are objected to and fail in proving their
qualifications. He is also to expunge the names of
persons proved to be dead, and to correct mistakes
and omissions in the lists (b).
The mayor may adjourn the court, from time to
time, to a day not later than the 15th October. He
may require the production of the overseers' books,
&c., and may administer oaths to the town clerk,
overseers, persons claiming, objecting, or objected
to, and to witnesses tendered on either side. The
mayor and assessors are to determine on the vali-
dity of claims and objections, and the mayor is in
open court to write his initials against all names
struck out or inserted, and all corrections of mis-
(a) As to the assessors, see post, p. 51; as to their power
of appointing deputies see post, p. 54.
(b) See Reg. v. Mayor of Hartlepool, 2 L. M. & P. (P.
C.) 666.
16
THE BURGESSES.
takes, to sign his name to every page of the lists
so settled, and to deliver the lists, when so revised
and signed, to the town clerk.
The mayor's decision as to expunging the names
was conclusive. But by 7 Will. 4 & 1 Vict. c.
78, s. 24, those whose claims have been rejected or
names expunged may apply to the Court of Queen's
Bench for a mandamus to insert their names upon
the burgess roll (c). See the section, post, p. 97.
As to penalties on the mayor, assessors, over-
seers and town clerk for neglect of duty, see post,
p. 86. As to mode of proceeding, in a borough
divided into wards, where a burgess is rated for
more than one ward, see post, p. 46.
Sect. 18.-"The mayor and the two assessors herein-
after mentioned, to be chosen in every year by the bur-
gesses of every borough, shall hold an open court within
such borough, for the purpose of revising the said bur-
gess lists, at some time between the first day of October
inclusive, and the fifteenth day of October inclusive in
the year one thousand eight hundred and thirty-six, and
every succeeding year, having first given three clear
days notice of the holding of such court, to be fixed
on or near the outer door of the Town Hall or in some
public and conspicuous situation within the borough ;
(c) See R. v. Mayor of Lichfield, 1 G. & D. 28; 1 Q. B.
453; R. v. Mayor of New Windsor, 7 Q. B. 208; R. v.
Mayor of Harwich, 8 A. & E. 919; 1 P. & D. 134.
R. v.
Mayor of Lichfield, 2 Q. B. 693; 2 G. & D. 10; R. v.
Mayor of Bridgnorth, 10 A. & E. 66; 1 Q. B. 751; R.
v. Mayor of Eye, 9 A. & E. 670; Whalley v. Bramwell,
15 Ad. & Ell. N. S. (Q. B.) 775.
THE BURGESSES.
17
and the town clerk of every such borough shall, at the
opening of the court, produce the said lists and a copy
of the lists of the persons claiming and of the persons ob-
jected to, so made out as aforesaid; and the overseers,
vestry clerks, and collectors of poor's rates of every parish
wholly or in part within every such borough shall at-
tend the court and shall answer upon oath (d) all such
questions as the court may put to them or any of them
touching any matter necessary for revising the burgess
lists;
and the mayor shall insert in such lists the name
of every person who shall be proved, to the satisfaction
of the court, to be entitled to be inserted therein, ac-
cording to the provisions of this act, and shall retain on
the said list the names of all persons to whom no objec-
tion shall have been duly made, and shall also retain on
the said lists the name of every person who shall have
been objected to by any person, unless the party so ob-
jecting shall appear by himself or by some one in his
behalf in support of such objection; and where the
name of any person inserted in any one of the said lists
shall have been duly objected to, and the person object-
ing shall appear by himself or by some one in his behalf
in support of such objection, the court shall require
proof of the qualification of the person so objected to;
and in case the qualification of such person shall not be
proved to the satisfaction of the court the mayor shall
expunge the name of every such person from the said
lists, and he shall also expunge from the said lists the
name of every person who shall be proved to the court
to be dead, and shall correct any mistake or supply any
omission which shall be proved to the court to have
been made in any of the said lists in respect of the
name or place of abode of any person who shall be in-
cluded in any such list, or in respect of the local de-
scription of his property: Provided always, that no
person's name shall be inserted by the mayor in any
(d) Oath, or affirmation for Quakers, &c.; see sect. 21.
18
THE BURGESSES.
such list, or shall be expunged therefrom, except in the
case of death, unless notice shall have been given as is
hereinbefore required in each of the said cases."
Sect. 19.-"Every mayor holding any court under
this act for the revision of the said lists shall have power
to adjourn the same from time to time, so that no such
adjourned court shall be held after the fifteenth day
of October in any year, and shall have power to require
any overseer, or person having the custody of any book
containing any rate made for the relief of the poor dur-
ing that or any preceding year, in any parish wholly or
in part within the borough, to produce the same and
allow the same to be inspected at any court to be held
for revision of the burgess lists, and shall have power to
administer an oath (e) to the town clerk and to the
overseers, and to all persons claiming to be inserted in
or making objection to the omission or insertion of any
name in any of the said lists, and to all persons objected
to in any of such lists, and to all persons claiming to
have any mistake in any of such lists corrected, and to
all witnesses who may be tendered or examined on either
side; and the mayor and assessors shall, upon the hear-
ing in open court, determine upon the validity of such
claims and objections, and the mayor shall, in open court,
write his initials against the names respectively struck
out or inserted, and against any part of the said lists in
which any mistakes shall have been corrected, and shall
sign his name to every page of the several lists so
settled." See also beginning of sect. 22, post, p. 19.
The Burgess Roll.
The town clerk is to keep the revised burgess
lists delivered to him by the mayor, and to have
(e) Oath or affirmation for Quakers, &c.; see sect. 21.
THE BURGESSES.
19
them copied on or before the 22nd October, in one
general alphabetical list (or, where the borough is
divided into wards, in separate alphabetical lists,
to be called "ward lists," one for each ward) into
a book, with every name numbered; such book to
be the burgess roll of the burgesses entitled to vote
in the choice of the councillors, assessors and audi-
tors, at any election which may take place between
the 1st November inclusive in that year, and the
1st November in the succeeding year. The town
clerk is also to cause to be made written or printed
copies of the burgess roll for sale. If by reason of
any neglect the burgess roll shall not have been pre-
pared within the prescribed time, the burgess roll
previously in force is to continue in force till the
new one is made.
Sect. 22.—“The burgess lists so revised and signed
as last aforesaid, shall be delivered by the mayor to the
town clerk of such borough, who shall keep the same,
and shall cause the said burgess lists to be fairly and
truly copied into one general alphabetical list in a book
to be by him provided for that purpose, with every name
therein numbered, beginning the numbers from the first
name, and continuing them in a regular series to the last
name, and shall cause such books to be completed on or
before the 22nd day of October in every year, and shall de-
liver such books, together with the lists, at the expiration
of his office, to the person succeeding him in such office ;
and every such book in which the said burgess lists shall
have been copied shall be the burgess roll of the burgesses
of such borough entitled to vote, after the passing of this
act, in the choice of the councillors, assessors, and audi-
tors of such borough, as hereinafter mentioned, at any
election which may take place in such borough between
the first day of November inclusive in the year wherein
20
THE BURGESSES.
such burgess roll shall have been made and the first day
of November in the succeeding year."
Sect. 23.-"The town clerk of every borough shall
cause to be written or printed copies of the burgess roll
in every year, and shall deliver such copies to all persons
applying for the same, on payment of a reasonable price
for each copy; and the monies arising from the sale
thereof, and of the overseers lists, and of the lists of claims
and objections as aforesaid, shall be paid over to the
treasurer of such borough, and shall be applied by him
in aid of the borough fund hereinafter mentioned."
Sect. 45.-"For the purpose of better ascertaining
who are the burgesses of any such ward the burgess
roll of every borough so divided into wards shall
thenceforward be made out, by or under the direction.
of the town clerk, in alphabetical lists of the burgesses
in each ward, to be called 'ward lists.'"
Stat. 7 Will, 4 & 1 Vict. c. 78, s. 6.-"In every
borough in which by reason of any neglect or informality
a new burgess roll of the said borough shall not have
been duly made in any year within the time directed by
the said act, the burgess roll which was in force before
the time appointed for the revision shall continue in
force until such new burgess roll shall have been duly
made." See also 7 Will. 4 & 1 Vict. c. 78, s. 5.
Privileges, &c., of Burgesses.
The burgesses on the roll are exclusively entitled
to vote in the election of councillors, auditors, and
assessors (ƒ); and in boroughs having courts of
quarter sessions, they are exempt from serving on
county sessions juries (g). As to their right to
inspect council minutes, &c., see post, pp. 109, 110.
(f) Sect. 29, stated post, p. 36.
(g) Sect. 122, post, p. 172.
THE MAYOR.
21
THE MAYOR.
Election, &c.
On the 9th November (or on the following day,
if that be a Sunday (a)), in every year, the council
shall, before proceeding to any other business (b),
elect, out of the aldermen and councillors (c) of the
borough, a fit person to be the mayor (d). The
outgoing mayor may be re-elected (e). The out-
going aldermen may vote in the election of the
mayor (ƒ). The mayor is to continue in office for
one whole year, and until his successor shall have
made and subscribed the declaration of acceptance
of office (g) prescribed by the act (h). In case of
any vacancy occurring during the year, by reason of
the person elected not accepting the office, dying or
ceasing to hold the office, the council shall, within.
ten days after such vacancy, elect another fit per-
son to be the mayor of the borough for the re-
(a) Sect. 30; by which it is enacted, "that whenever
any day by this act appointed for any purpose shall in any
year happen on a Sunday, in every such case the business.
so appointed to be done shall take place on the Monday
following."
(b) Sect. 69; and see R. v. M'Gowan, 11 A. & E. 869.
(c) As to the aldermen, see post, p. 25; as to the coun-
cillors, see post, p. 30.
(d) Sect. 49.
(e) 3 & 4 Vict. c. 47, repealing part of 9 Anne, c. 20.
(ƒ) R. v. Maddy, 11 A. & E. 869, 886.
(9) S. 49; and 6 & 7 Will. 4, c. 105, s. 4.
(h) For form of declaration, see post, p. 77.
22
THE MAYOR.
mainder of the current year (i). As to the meetings
of the council for this and other occasions, see post,
pp. 105–111.
Acceptance of Office, &c.
As to the forms of the declarations and oaths to be
made on acceptance of office, see post, pp. 73-78; ;
fine for non-acceptance, post, pp. 79—82; penalty for
acting without being duly qualified, post, p. 88; ex-
emptions from serving, post, p. 80; vacation of office
by bankruptcy, &c., absence or resignation, post, p.
83-85.
Privileges, Salary, &c.
During his mayoralty he shall have precedence
in all places within the borough (j). As to his
exemption from serving on juries, see post, p. 172.
The council may award him such a salary or al-
lowance as they shall think reasonable (k).
Powers, Duties, &c.
The mayor (but not the deputy mayor (1)) for
the time being is a justice of the peace for the
borough, and continues (unless disqualified) to be
(i) Sect. 49.
(j) Sect. 57.
(k) Sect. 58.
(1) 16 & 17 Vict. c. 79, s. 8, post, p. 24.
THE MAYOR.
23
*
a justice during the next succeeding year after he
ceases to be mayor (m). He is (except in boroughs
which are counties of themselves) the returning
officer in parliamentary boroughs (n). He (but not
the deputy-mayor (o)) presides at all meetings of
the council, and may call meetings of the council as
often as he thinks proper (p), is ex-officio member
of the watch committee (9), appoints the "mayor's
auditor” on the 1st March annually (r), is to open
and adjourn the court of quarter sessions in the
absence of the recorder (s), and continues a mem-
ber of the council during his office (t), and as such
is disqualified from serving on borough and exempt
from serving on county juries (u).
As to his powers and duties in connection with
holding the court of revision of borough lists, see
ante, p. 15; presiding at elections of aldermen, post,
p. 26; elections of councillors, auditors, and as-
sessors, pp. 37–44.
As to his being interested in
contracts relating to gaols, p. 94; penalties for neg-
lect of his duties, &c., p. 86.
(m) Sect. 57.
(n) Where there is more than one mayor within the boun-
daries of a parliamentary borough, the mayor of that muni-
cipal borough to which the writ is directed will be the
returning officer. Sect. 57.
(0) 16 & 17 Vict. c. 79, s. 8, post, p. 24.
(p) Sect. 69, post, pp. 105-110.
(q) Sect. 76, post, pp. 134.
(r) Sect. 93, post, p. 149.
(s) Sect. 106, post, p. 169.
(t) Sect. 26.
(u) Sect. 122, post, p. 172.
24.
THE MAYOR.
Deputy Mayor.
"The mayor of every city, borough, and town
corporate may from time to time appoint an alder-
man or councillor of such city, borough, or town
corporate to act as the deputy mayor during the
illness or absence of the mayor, and every such
appointment shall be signified in writing to the
council, and shall be recorded in the minutes of
their proceedings (x).”
"Every deputy appointed by a mayor under
the provisions of this act may, during the illness or
absence of the mayor, lawfully do and perform all
acts which the mayor in his official capacity might
himself do and perform, provided always, that no
such deputy, not being a justice of the peace, shall
act as a justice of the peace or in any judicial
capacity, nor shall he preside at any meeting of the
council unless specially appointed by the meeting
so to do (y).”
Provision is made for conducting municipal and
parliamentary elections, in case of the death, ab-
sence, or incapacity of the mayor, by 5 & 6 Will. 4,
c. 76, ss. 36, 57; post, p. 29.
(x) 16 & 17 Vict. c. 79, s. 7.
(y) Ibid. s. 8.
THE ALDERMEN.
25
THE ALDERMEN.
Number.
The number of persons to be elected aldermen
shall be one-third of the number of persons to be
elected councillors (z).
Election, &c.
On the 9th of November, (or, if that be a Sun-
day, on the following day (a),) in every third year
(beginning with the year 1838), one-half of the
whole appointed number of aldermen (such half
consisting of those who have been aldermen for
the longest time without re-election) shall go out
of office; and the council shall then elect from
the councillors (b), or from the persons qualified to
be councillors (c), so many aldermen as shall be
necessary to supply the places of those going out
of office. The outgoing aldermen may be re-
elected, if then qualified, but they shall not be
entitled to vote in the election of a new alder-
(z) Sect. 25. As to the number of councillors, see post,
p. 30.
(a) Sect. 30.
(b) If a councillor is elected, a vacancy will be created
in the council (s. 27), as to the mode of filling up which see
post, p. 35.
(c) As to who are qualified to be councillors, see post,
p. 30.
C

26
THE ALDERMEN.
man (d); they are entitled, however, to vote in the
election of mayor (e), and in the appointment of
the sheriff (f). The recorder of the borough is not
eligible to be an alderman (g).
Whenever any extraordinary vacancy (h) shall
take place in the office of alderman, the council
shall, within ten days after such vacancy shall
occur, on a day to be fixed by the mayor for such
purpose, elect some other fit person to fill such
vacancy, either from the councillors, or from the per-
sons qualified to be councillors (i). Every person
elected an alderman to fill an extraordinary vacancy
shall hold such office until the time when the per-
son in the room of whom he was chosen would re-
gularly have gone out of office; and he shall then
go out, but may be re-elected if then qualified (j).
Manner of Electing.
Every member of the council entitled to vote at
the election of aldermen "may vote for any number
(d) Sect. 25.
(e) Ante, p. 21; Reg. v. Maddy, 11 A. & E. 869, 886.
(f) Post, p. 71; 6 & 7 Will. 4, c. 105, s. 5.
(g) Sect. 103, post, p. 165.
(h) As to how such vacancies may happen, see p. 82.
(i) As to who are qualified to be councillors, see p. 30. If
a councillor is elected an alderman, a vacancy will thereby
be created in the council, as to the mode of filling up which
see post, p. 35.
(j) Sect. 27. R. v. Mayor of Bradford, 2 L. M. & P.
(P. C.) 35, is a recent case on the election of aldermen.
THE ALDERMEN.
27
of persons, not exceeding the number of aldermen
then to be chosen, by personally delivering at such
meeting, to the mayor or chairman of the meeting,
a voting paper containing the christian name and
surname of the persons for whom he votes, with
their respective places of abode (k) and descrip-
tions, such paper being previously signed with the
name of the member of council voting; and the
mayor or chairman of the meeting, as soon as all
the voting papers have been delivered to him, shall
openly produce and read the same, and imme-
diately afterwards deliver them to the town clerk,
to be kept among the records of the borough; and
in case of equality of votes among those entitled
to vote the mayor or chairman shall have a cast-
ing vote, whether or not (1) he may be entitled to
vote in the first instance" (m).
Declaration of Result of Election.
"At every election of aldermen the persons, not
exceeding the number of aldermen then to be
chosen, who shall have the greatest number of
votes according to the voting papers signed by
the persons entitled to vote at such election, and
(k) That is, their residence; see R. v. Deighton, 5 Q. B.
896; and R. v. Coward, 16 Q. B. 819.
(7) He is not entitled to vote in the first instance if he is
one of the outgoing aldermen, Reg. v. Stanley, 11 A. & E.
869, 886.
(m) 7 Will. 4 & 1 Vict. c. 78, s. 14.
c 2
فلانة
THE ALDERMEN.
delivered to and openly read by the mayor, shall
be declared by the mayor to be and thereupon shall
be duly elected aldermen: provided always, that
in every case of an equality of votes the mayor
shall have a casting vote (n)."
Acceptance of Office, &'c.
As to the forms of declarations and oaths to be
made on acceptance of office, see post, pp. 73-78;
fine for non-acceptance, post, p. 79; penalties for
acting without being duly qualified, post, p. 88; ex-
emptions from serving, post, p. 80; vacation of
office by bankruptcy, &c., absence, or resignation,
post, pp. 83, 84.
Aldermen to make Declaration of Qualification
Once every Three Years.
Every alderman who shall have made and sub-
scribed the declaration in respect of estate, "shall
once in every period of three years, if required in
writing so to do by any two members of the
council, make and subscribe a declaration that he
is qualified to the same amount in real or personal
estate, or both, as the case may then be, as the
amount mentioned in the declaration originally
made and subscribed by him (0).”
(n) 16 & 17 Vict. c. 79, s. 13.
(o) Sect. 50. See the declaration, post, p.. 77.
THE ALDERMEN.
29
Powers, Duties, &c.
If the mayor shall, at the time when it shall be-
come necessary to execute his powers and duties
with respect to municipal or parliamentary (p)
elections, be dead, absent, or otherwise incapable
of acting, the council shall forthwith elect one of the
aldermen to execute all such powers and duties in
the place of the mayor (q). As to the appointment,
powers and duties of the alderman presiding at
municipal elections, see post, pp. 44-48; at meet-
ings of council, pp. 105-111; as to aldermen
being interested in contracts relating to gaols, p.
94; penalties for neglect of duty, pp. 86-91.
He continues a member of the council during
his office (r), and as such is disqualified from serv-
ing on borough and exempt from serving on county
juries (s).
As to the alderman of the ward to preside at
ward elections, see post, p. 45.
(p) Sect. 57; the wording of this section, however, slightly
differs from that of sect. 36.
(q) Sects. 36, 57. See now, however, the power given to
the mayor by 16 & 17 Vict. c. 79, ss. 7, 8, ante, p. 24, of
appointing a deputy.
(7) Sect. 26.
(s) Sect. 122.
30
THE COUNCILLORS.
1
THE COUNCILLORS.
Number of Councillors.
The number of persons to be elected councillors
is fixed for each borough by the Schedules (A) and
(B) annexed to the act (t).
The apportionment of councillors among the
different wards (where the borough is divided into
wards) has been, in respect of some boroughs,
fixed by the schedules to the act; in respect of
others, by barristers appointed under the act to
effect the division into wards (u). The number of
councillors assigned to each ward is always some
number divisible by three (x).
As to the period for which they are elected, and
their going out by rotation, see post, p. 34.
Qualifications and Disqualifications.
Qualifications (both of which must be united in
the individual).
1. He must be on the burgess roll for the current
year (y).
(t) Sect. 25.
(u) Sects. 39, 40, 41, 42.
(x) Sect. 40. See also Schedules (A) and (B) annexed to
the act.
(y) Sect. 28, stated below, and note (ƒ) p. 32.
THE COUNCILLORS.
31
2. He must be, in boroughs divided into four or
more wards, either possessed of property to the
amount of £1,000, or rated to the poor of the
borough upon an annual value of not less than
£30; in boroughs divided into less than four
wards, either possessed of property to the amount
of £500, or rated to the poor upon an annual value
of not less than £15(z).
Disqualifications (any one of which will exclude).
1. Being in holy orders, or being a dissenting
minister (a).
2. Holding any office in the disposal of the
council, except that of mayor (a).
3. Having any interest in any contract, &c., with
the council (a).
4. Having been interested while holding an office
under the corporation in any contract relating to a
gaol, &c. (b).
5. Having been convicted of bribery at a muni-
cipal election (c).
6. Being assessor or elective auditor (d).
7. Being recorder for the borough (e).
Sect. 28.-"No person being in holy orders, or being
the regular minister of any dissenting congregation, shall
be qualified to be elected or to be a councillor of any
(z) Sect. 28, stated below.
(a) Sect. 28, stated below.
(b) Stat. 7 Will. 4 & 1 Vict. c. 78, s. 39.
(c) Sect. 54. As to bribery see post, p. 89.
(d) 7 Will. 4 & 1 Vict. c. 78, s. 15. As to assessors, see
post, p. 51; elective auditors, post, p. 49.
(e) Sect. 103, post, p. 165.
32
THE COUNCILLORS.
such borough or an alderman of any such borough, nor
shall any person be qualified to be elected or to be a
councillor or an alderman of any such borough who
shall not be entitled to be on the burgess list of such
borough (ƒ), nor unless he shall be seised or possessed
of real or personal estate or both to the following
amount, that is to say, in all boroughs directed by this
act to be divided into four or more wards to the amount
of one thousand pounds, or be rated to the relief of the
poor of such borough upon the annual value of not less
than thirty pounds, and in all boroughs directed to be
divided into less than four wards, or which shall not be
divided into wards, to the amount of five hundred
pounds, or be rated to the relief of the poor in such
borough upon the annual value of not less than fifteen
pounds, or during such time as he shall hold any office
or place of profit (g), other than that of mayor, in the
gift or disposal of the council of such borough, or during
such time as he shall have directly or indirectly, by
himself or his partner, any share or interest in any con-
tract or employment (h) with, by, or on behalf of such
(f) Entitled to be on the burgess list of such borough.
Much difficulty has been experienced in ascertaining what is
the proper meaning to be attached to these words; but the
case of R. v. Harvey, 3 Q. B. 475, 3 G. & D. 246, and
the recent case of R. v. Thwaites, 1 El. & Bl. 704; 17 Jur.
712; 22 L. J. Q. B. 238, seem to justify the construction
put upon it in the text, viz., that the candidate must be upon
the burgess roll in force for the current municipal year in
which the election takes place. See also 6 & 7 Will. 4, c.
104, s. 7.
(g) Place of profit, &c. The 5 & 6 Vict. c. 104, s. 8, de-
clares the office of sheriff not to be an office of profit, so as
to create a disqualification. As to the sheriff, see post, p. 71.
(h) Any share or interest in any contract or employment.
Many cases have been decided upon these words, and similar
expressions in statutes relating to work-houses, turnpike
THE COUNCILLORS.
33
council: Provided that no person shall be disqualified
from being a councillor or alderman of any borough as
aforesaid by reason of his being a proprietor or share-
holder of any company which shall contract with the
council of such borough for lighting or supplying with
water or insuring against fire any part of such
borough."
As to the necessity of giving notice of disqualifi-
cation at the time of the election, see post, "Pro-
ceedings at Elections," pp. 37, 39.
Acceptance of Office, &c.
As to the forms of declarations and oaths to be
made on acceptance of office, see post, pp. 73-81;
fine for non-acceptance, p. 79; penalties for acting
trusts, &c., which are noticed in the note to this section in
Rawlinson, who remarks:- "It is submitted that any selling
to, dealing with, or working for the council in their cor-
porate capacity, especially if payment is to be made out of the
borough fund, will come within the scope of the .... words."
The statute 5 & 6 Vict. c. 104, sect. 1, enacts, that the word
contract in this section shall not be construed to extend to any
lease, sale, or purchase of any lands, tenements, or heredita-
ments, or to any agreement for any such lease, sale, or pur-
chase, or for the loan of money, or to any security for the
payment of money only. See also the proviso at the end of
the above section, and 15 & 16 Vict. c. 5, by which (sects. 1
& 6) it is enacted, that no person shall be deemed to have an
interest in a contract or employment under the above section,
by reason only of his having a share or interest in any
newspaper in which any advertisement relating to the affairs
of the borough may be inserted.
c 5
34
THE COUNCILLORS.
without being duly qualified, p. 88; exemptions from
serving, p. 80; vacation of office by bankruptcy,
&c., absence or resignation, pp. 83, 84.
Exemption from serving on Juries.
Councillors are disqualified from serving on
borough and exempt from serving on county
juries (¿).
ELECTIONS OF COUNCILLORS.
SECT. 1.-DAY ON WHICH ELECTIONS TO BE HELD,
PERIOD OF SERVICE, GOING OUT BY ROTATION.
Ordinary Annual Elections.
Upon the first day of November in every year,
(or, if it be a Sunday, then on the following day,)
one-third of the whole appointed number of coun-
cillors (such one-third consisting of those who shall
have been the longest time in office without re-elec-
tion) shall go out of office; and on that day, the
burgesses enrolled shall openly assemble and elect,
from the persons qualified to be councillors (k),
such part of the councillors as shall be needed to
(i) Sect. 122, post, p. 172.
(k) As to the seven qualifications of councillors, see ante,
p. 30.
ELECTIONS OF COUNCILLORS.
35
supply the places of those who shall then go out
of office (1). The outgoing councillors may be re-
elected if then qualified (m).
Elections to supply extraordinary Vacancies (n).
If any extraordinary vacancy occurs in the office
of councillor, the burgesses entitled to vote shall on
a day to be fixed by the mayor, or where the bo-
rough is divided into wards, by the alderman of the
ward (o) in which the vacancy has happened, (such
day not to be later than ten days after such vacancy,
or after notice shall have been given to the mayor
or town clerk by any two burgesses (p),) elect
another burgess to supply such vacancy. Every
person so elected shall hold office until the time
at which the person in the room of whom he was
chosen would regularly have gone out of office, and
he shall then go out, but may be re-elected if then
qualified (q).
Sect. 47.-"If any extraordinary vacancy shall be
occasioned in the office of councillor, auditor, or asses-
sor for any borough, the burgesses entitled to vote shall,
on a day to be fixed by the mayor of such borough, or
in the case of a councillor or assessor, where the borough
(1) Sect. 30.
(m) Sect. 31.
(n) As to how such extraordinary vacancies may happen,
see post, p. 82.
(0) As to the Alderman of the Ward,' see post, p. 45.
(p) 16 & 17 Vict. c. 79, s. 11.
(9) See also 7 Will. 4 & 1 Vict. c. 78, s. 11, stated post,
p. 43.
36
ELECTIONS OF COUNCILLORS.
shall have been divided into wards (9) by the alderman
of the ward in which the vacancy has happened, (such
day not to be later than ten days after such vacancy),
elect from the persons qualified to be councillors another
burgess to supply such vacancy; and such election shall
be held, and the voting and other proceedings, in case of
a contest, shall be conducted, in the same manner and
subject to the same provisions as are herein before enacted
with respect to the election of councillors as aforesaid;
and every person so elected shall hold such office until
the time at which the person in room of whom he was
chosen would regularly have gone out of office, and he
shall then go out of office, but shall be capable of im-
mediate re-election, if then qualified as berein pro-
vided." [Here follows a proviso repealed by 7 Will. 4
& 1 Vict. c. 78, s. 11.]
16 & 17 Vict. c. 79, s. 11. "If an extraordinary
vacancy shall happen in the office of councillor, auditor,
or assessor, the election to supply such vacancy shall
take place not later than ten days after notice shall have
been given to the mayor or town clerk by any two bur-
gesses, anything to the contrary notwithstanding."
As to the mode of proceeding at ordinary and ex-
traordinary elections, see post, p. 37.
SECT. 2.-WHO ENTITLED TO VOTE, &C.
Who entitled to vote.
"Every burgess of any borough who shall be
enrolled on the burgess roll (s) for the time being
(9) As to wards, see post, p. 45.
(s) As to the preparation of the burgess roll, see ante, p. 18.
ELECTIONS OF COUNCILLORS.
37
of such borough shall be entitled to vote in the
election of councillors and of the auditors and asses-
sors (t) hereinafter mentioned for such borough, and
no person who shall not be enrolled in such burgess
roll for the time being shall have any voice or be
entitled to vote in any such election (u).”
SECT. 3.-PROCEEDINGS AT ELECTIONS.
First. Where the Borough is not divided into
Wards (v).
The elections are held before the mayor and
assessors. The voting is to begin at 9 A. M. and
to close at 4 P. M., and shall be conducted as fol-
lows:-every voter may vote for as many candi-
dates (or any less number) as there are vacancies,
by delivering to the presiding officer a voting paper
containing the christian names and surnames and
descriptions of the persons for whom he votes, and
signed with the name of the voter, and of the pro-
perty in respect of which he is rated on the bur-
gess roll.
The poll may be closed at any time before 4 P. M.
if one hour shall have elapsed without any vote
having been tendered.
Sect. 32.-"Every election of councillors within any
(t) Auditors, see post, p. 49; assessors, post, p. 51.
(u) Sect. 29.
(v) The provisions under this head are also applicable,
with the slight modifications stated post, pp. 45—48, to elec-
tors in boroughs divided into wards.
38
ELECTIONS OF COUNCILLORS.
!
borough according to the provisions of this act shall be
held before the mayor and assessors (x) for the time
being of such borough, except as herein is excepted (y);
and the voting at every such election shall commence
at nine o'clock in the forenoon, and shall finally close at
four o'clock in the afternoon of the same day, and
shall be conducted in manner following; that is to say,
every burgess entitled to vote in the election of coun-
cillors may vote for any number of persons not ex-
ceeding (z) the number of councillors then to be chosen,
by delivering to the mayor and assessors or other presid-
ing officer as hereinafter mentioned a voting paper, con-
taining the christian names and surnames of the persons
for whom he votes, with their respective places of abode
and descriptions, such paper being previously signed
with the name of the burgess voting, and with the
name of the street, lane, or other place in which the
property for which he appears to be rated on the bur-
gess roll is situated (a)."
Stat. 7 Will. 4 & 1 Vict. c. 78, s. 18.-" At any elec-
tion under the provisions of the said act (b) or of this
act it shall be lawful for the presiding officer to close
the poll at any time before four of the clock, if one
(x) See post, p. 44, as to who is to preside in case of the
incapacity of the mayor or assessors.
(y) This exception has reference to the elections in
boroughs divided into wards, as to which see post, pp. 45—48.
(z) Votes given for more candidates than there are va-
cancies are thrown away. R. v. Mayor of Leeds, 7 A. &
E. 963.
(a) See the following recent decisions upon voting papers :
R. v. Avery, 17 Jur. 272; R. v. Gregory, Ib.; R. v.
Thwaites, 1 El. & Bl. 704; 17 Jur. 712; 22 L. J. Q. B.
238; R. v. Coward, 16 Q. B. 819.
(b) The Municipal Corporation Act.
ELECTIONS OF COUNCILLORS.
39
hour shall have elapsed during which no vote shall have
been tendered for any candidate; provided that no per-
son or persons have within the last hour been prevented
from coming to the poll by any riot, violence, or other
unlawful means, of which notice shall have been given
to the returning officer."
Notice of Disqualification.
If a candidate is not qualified, notice of dis-
qualification should be given at the time of the
election. All votes given in his favour after notice
of disqualification will be thrown away (c).
Polling Booths, &c.
The mayor may provide district polling booths,
and may divide them into compartments, giving
two days public notice thereof; and he may appoint
a deputy to preside at each polling-place, and a
poll clerk for each compartment.
Sect. 33.—“At every election in any borough the
mayor, if it shall appear to him expedient for taking
the poll at such election, may cause booths to be erected,
or rooms to be hired and used as such booths, for dif-
ferent parts of such borough, which may be situated
either in one place or in several places, and shall be so
divided and allotted into compartments as to the mayor
shall seem most convenient; and the mayor shall appoint
(c) See R. v. Hiorns, 7 A. & E. 960, and the other au-
thorities stated or referred to in Rawlinson's Municipal Cor-
poration Act, note (2) to sect. 58; and see Reg. v. Coaks, 18
Jur. 378.
40
ELECTIONS OF COUNCILLORS.
a clerk to take the poll at each compartment, and shall
cause to be affixed on the most conspicuous part of each
of the said booths the names of the parts for which such
booth is respectively allotted; and no person shall be
admitted to vote at any such election except at the
booth allotted for the part wherein the house, ware-
house, counting-house, or shop occupied by him as
described in the burgess roll may be; but in case no
booth shall happen to be provided for any particular
part as aforesaid the votes of the persons voting in
respect of property situate in any part so omitted may
be taken at any of the said booths; and public notice of
the situation, division, and allotments of the different
booths shall be given two days before the commence-
ment of the poll by the mayor; and in case the booths
shall be situated in different places the mayor may ap-
point a deputy to preside at each place: Provided
also, that no election shall be holden under this act in
any borough in any church, chapel, or other place of
public worship."
Questions which may be asked of Voters.
"No inquiry shall be permitted at any election as
to the right of any person to vote as a burgess in
any borough, except only as follows; (that is to say,)
that the mayor or other presiding officer shall, if
required by any two burgesses entitled to vote in
the same borough, put to any voter at the time of
his delivering in his voting paper and not after-
wards the following questions, or any of them, and
no other (c):-
(c) See R. v. Chapman, K. B. T. T. 7 Will. 4.
ELECTIONS OF COUNCILLORS.
41
1. Are you the person whose name is signed as
A. B. to the voting paper now delivered in by
you?
2. Are you the person whose name appears as
A. B. on the burgess roll now in force for this
borough, being registered therein as rated for pro-
perty described to be situated in? [Here
specify the street, &c., as described in the burgess
roll.]
3. Have you already voted at the present elec-
tion?
And no person required to answer any of the
said questions shall be permitted or qualified to
vote until he shall have answered the same; and if
any person shall wilfully make a false answer to any
of the questions aforesaid he shall be deemed
guilty of a misdemeanor, and may be indicted and
punished accordingly" (d).
Declaration of the Result of the Election.
The mayor and assessors are to cast up the votes,
and in case of an equality of votes for any candi-
dates, the mayor and assessors, or any two of them,
are to select out of such candidates so many as
shall be necessary to complete the requisite number
(d) Sect. 34.
8 C. & P. 218;
See R. v. Dodsworth, 2 Moo. & R. 72, and
R. v. Marsh, 6 A. & E. 250; R. v. Ellis,
C. & Mar. 564; R. v. Spalding, Id. 565; and R. v. Thomp-
son, 2 Moo. & R. 355.
42
ELECTIONS OF COUNCILLORS.
of persons to be elected. The mayor is to publish
the result of the election not later than 2 P. M. on
the day next but one after the election.
The voting papers are to be kept for six months
in the office of the town clerk, for the inspection of
the burgesses.
Sect. 35.-"The mayor and assessors shall examine
the voting-papers so delivered as aforesaid, for the pur-
pose of ascertaining (e) which of the several persons
voted for are elected; and so many of such persons,
being equal to the number of persons then to be chosen,
as shall have the greatest number of votes, shall be
deemed to be elected; and in case of an equality in the
number of votes for any two or more persons, the mayor
and assessors, or any two of them, shall name from
amongst those persons for whom the number of votes
shall be equal so many as shall be necessary to complete
the requisite number of persons to be chosen; and the
mayor shall cause the voting-papers to be kept in the
office of the town clerk during six calendar months at
the least after every such election; and the town clerk
shall permit any burgess to inspect the voting-papers
of any year (ƒ), on payment of one shilling for every
search; and the mayor shall publish a list of the names
of the persons so elected not later than two of the clock
in the afternoon (g) of the day next but one following
the day of such election, unless such day be Sunday,
and then on the Monday following."
(e) See R. v. Ledgard, 8 A. & E. 535.
(ƒ) See R. v. Arnold, 4 A. & E. 657, and R. v. Blagg,
10 Jur. 983.
(g) R. v. Mayor of Leeds, 11 A. & E. 512; and In re
Corporation of Carmarthen, Q. B., M. T. 1845.
ELECTIONS OF COUNCILLORS.
43
Elections to supply Extraordinary Vacancies.
Where more extraordinary vacancies than one
are to be supplied at the same election, the candi-
date having the smallest number of votes, is to
take the place of the councillor, who would regu-
larly have first gone out of office, and so on. See
further as to extraordinary vacancies, ante, p. 35,
and the next head.
Stat. 7 Will. 4 & 1 Vict. c. 78, s. 11.-[The former
part of this section is omitted, because it is wholly re-
trospective.]. . . "And in every case in which more than
one such extraordinary vacancy shall be so supplied the
councillor elected by the smallest number of votes shall
be taken to be elected in the room of him who would
regularly have first gone out of office, and the councillor
elected by the next smallest number of votes shall be
taken to be elected in the room of him who would regu-
larly have next gone out of office, and so with respect
to the others."
Elections to supply at the same time Ordinary and
Extraordinary Vacancies.
Where an election to supply an extraordinary
vacancy takes place on the day of an ordinary
election, care must be taken that in the notice of
election, as well as in the voting-papers and in
the publication of the names of the elected, a dis-
tinction is preserved between the two classes of
candidates, and the two descriptions of vacancies,
44
ELECTIONS OF COUNCILLORS.
so that it may distinctly appear who is to fill the
extraordinary vacancy, and who the ordinary. Un-
less this distinction is clearly preserved throughout
the proceedings, the election will be irregular and
void;
and it even seems doubtful whether an elec-
tion to supply the two classes of vacancies at the
same time can be held (h).
Who to preside at Elections when Mayor or
Assessors incapable.
"If the mayor of any borough shall, at the time.
when it shall be necessary to execute the powers
and duties herein provided with respect to elec-
tions, be dead, absent, or otherwise incapable of
acting, the council of such borough shall forthwith
elect one of the aldermen to execute all such
and duties in the place of the mayor (i)."
powers
In case of the illness or incapacity to act of any
assessor, the deputy-assessor (as to whom, see post,
p. 54) is to act for him. As to what is to be
done in case of an extraordinary vacancy in the
office of assessor, see post, p. 53.
(h) See R. v. Rowley, 3 Q. B. 143; S. C. 6 Q. B. 668 ;
Mayor of Leeds, 7 A. & E. 963; and R. v. Mayor of
Winchester, Id. 215.
R. v.
(i) Sect. 36. But see now the power given to the mayor
by 16 & 17 Vict. c. 79, ss. 7, 8 (ante, p. 24) of appointing
a deputy.
ELECTIONS OF COUNCILLORS.
45
Secondly.— Where the Borough is divided into
Wards.
It will have been seen (ante, p. 30), that the coun-
cillors of a borough divided into wards, instead
of being for the whole borough, are apportioned
among the wards, a certain number of councillors
being assigned to each ward.
The councillors thus assigned to each ward are
elected by the burgesses of such ward. The elec-
tions for each ward are held before the alderman
and assessors of the ward, who have the same
powers in regard to elections in their ward as the
mayor and borough assessors have in regard to an
undivided borough (k).
The Alderman and Assessors of the Ward.
The alderman of the ward is yearly appointed
by the councillors for that ward. The ward asses-
sors are annually elected by the burgesses of the
ward on the first of March.
Sect. 43.-"In every case in which there shall be a
division into wards of any borough, the burgesses of
every such ward, and none others (1) . on the first
day of November in any ・ ・ ・ year, shall separately
•
•
(k) Sect. 43, stated below; as to these powers, see ante,
pp. 37-44.
(1) I have omitted certain portions of this section which
were either applicable only to the first three years after the
act was passed, or have since been repealed.
46
ELECTIONS OF COUNCILLORS.
•
elect from the persons qualified to be councillors one-third
part of the whole number of councillors assigned to such
ward, and on the first day of March. . . . in every
year, shall separately elect from the persons quali-
fied to be councillors two assessors for each ward (m);
and every such ward election .... shall be held before
the .... alderman whom the councillors chosen in such
ward shall yearly appoint in that behalf, and before the
two assessors of such ward; .... and the votings and
other proceedings in all other respects at such ward elec-
tions shall be conducted in the same manner as at elections
of councillors or assessors respectively by the burgesses
of the whole borough, and the alderman and assessors
of each ward shall have the same powers in regard to
elections in their ward as the mayor and assessors for
the whole borough if not divided into wards; and
every person so elected a councillor or assessor in such
ward shall hold his office for the same time that he
would have held it if he had been elected by the bur-
gesses of the whole borough, and if the number elected
in such ward had been the whole number for the
borough."
Ward Voting.
The burgesses vote in the ward in which the
property for which they are rated on the burgess
roll is situated. If any burgess is rated for dis-
tinct premises in more wards than one, he must
select which ward he will vote in.
Sect. 44. "Every burgess of any borough shall be
entitled to vote in the election of the councillors and as-
sessors to be chosen within that ward in which the pro-
(m) As to ward assessors, see post, p. 52.
ELECTIONS OF COUNCILLORS.
47
perty of such burgess for which he appears to be rated
on the burgess roll for the time being of such borough
shall appear to be situated, and not otherwise; and if
any burgess shall be rated in respect of distinct premises
in two or more wards then he shall be entitled to be
enrolled (n) and to vote in such one of the said wards
as he shall select, but not in more than one."
Provision for the case of a Person being elected
Councillor for more than One Ward.
If a person is elected a councillor in more wards
than one, he must choose within three days for
which he will serve, otherwise the mayor shall
choose for him.
(n) Enrolled, &c. The act is defective in not fixing any
time at or before which the selection must be made. As the
burgess roll must be an exact transcript of the revised bur-
gess lists, and as this section declares that a burgess shall not
be enrolled in more than one ward, the latest period for
making the selection would appear to be the time of the re-
vision.
The usual course has been to summon the party to appear
at the revision court and make his selection, and in default
of his so doing, his name has been struck out of one of the
lists. But there is no express authority in the act for this
step. See Rawlinson's Municipal Corporation Act, note to
this section.
At all events a party having voted for one ward has
thereby made his election, and cannot at a subsequent elec-
tion vote for another ward. R. v. Morton, 4 Q. B. 198.
48
ELECTIONS OF COUNCILLORS.
Sect. 46.—“If at any election of councillors or as-
sessors for any borough any person shall be elected a
councillor or assessor in more than one of the wards of
such borough, he shall within three days after notice
thereof choose, or in his default the mayor shall declare,
for which one of the said wards such councillor or as-
sessor shall serve, and such person shall thereupon be
held to be elected in that ward only which he shall so
choose, or which the mayor shall so declare."
Who to preside at Ward Elections when Alder-
man or Assessors incapable.
“In case of the illness or incapacity to act of
any alderman at any election, the mayor shall be
empowered to appoint another alderman to act in
the room of such alderman during such illness or
incapacity"(n). As to illness, or incapacity, or
death of an assessor, see ante, p. 44, and post, p. 54.
In all other respects the proceedings at ward
elections are similar to those at borough elections,
as to which see ante, pp. 37–44.
(n) 7 Will. 4 & 1 Vict. c. 78, s. 16.
THE AUDITORS.
49
THE AUDITORS.
1. The Elective Auditors.
Two auditors for the borough are elected by the
burgesses annually on the 1st of March, or on the
following day, if that be a Sunday (o). They are
to be elected from among the persons qualified to
be councillors (p); but the town clerk, the trea-
surer, and the members of the council, are in-
eligible. The elections are conducted in the same
manner as the elections of councillors, except that
no burgess can vote for more than one candidate.
Sect. 37.-On the first day of March in every year,
"the burgesses of every borough shall elect from the
persons qualified to be couucillors by a majority of
votes, two burgesses, who shall be and be called auditors
of such borough, and two burgesses, who shall be and
be called assessors (q) of such borough; and every such
auditor and assessor shall continue in office until the
first day of March in the year following his election;
and the election of such auditors and assessors re-
spectively shall be in form and manner herein before
provided for the election of councillors provided never-
theless, that in every such election of auditors or as-
sessors no burgess shall vote for more than one person
to be an auditor or assessor: provided also, that no
(0) Sect. 30.
(p) As to who are qualified to be councillors, see ante,
p. 30.
(9) As to the assessors, see post, p. 51.
D
50
THE AUDITORS.
burgess shall be eligible to be or be elected such auditor
or assessor as aforesaid who shall be of the council, or
the town clerk or treasurer of such borough."
There is no provision as to the election of an
outgoing auditor.
Acceptance of Office, &c.
As to the forms of declarations and oaths to be
made on acceptance of office, see post, pp. 73-78;
fine for non-acceptance, post, p. 79; penalties for
acting without being qualified, post, p. 88; exemp-
tions from serving, post, p. 80; vacation of office by
resignation, &c., post, pp. 82-86.
Extraordinary Vacancies.
As to how extraordinary vacancies may happen,
see post, p. 82. As to how they are to be filled up,
see sect. 47, stated ante, p. 35.
Duties.
Their duties are to examine and audit the ac-
counts half yearly, as to which see post, p. 148.
2. The Mayor's Auditor.
The mayor's auditor is a member of the council
nominated by the mayor, on the 1st of March in
THE AUDITORS.
51
every year, or, in case of an extraordinary vacancy,
within ten days after such vacancy. His duty is
to examine the accounts with the elective audi-
tors (r), as to which see post, p. 148.
1
THE ASSESSORS.
1. Where the Borough is not divided into Wards.
Two "assessors of the borough" are elected by
the burgesses annually on the 1st of March(s), or
on the following day, if that be a Sunday (t).
Duties.
They assist the mayor in the revision of the
burgess lists (ante, p. 15), and in presiding at
elections (ante, pp. 37-44).
2. Where the Borough is divided into Wards.
The Borough Assessors for revising the Lists.
"In every borough divided into wards, two
assessors shall be chosen . . . . in every . year
(r) Sect. 93.
..
(s) Sect. 37, stated ante, p. 49.
(t) Sect. 30.
D 2
52
THE ASSESSORS.
th
on the 1st day of March, or on the following day if
that day be on a Sunday, to hold the court for re-
vising the burgess lists with the mayor, in like
manner as is provided in the said act [the Muni-
cipal Corporation Act (5 & 6 Will. 4, c. 76),]
concerning the election of two auditors of such
borough (u)."
The Ward Assessors for presiding at Elections.
Two assessors for each ward are elected by the
burgesses of such ward on the 1st of March (or
on the following day, if that be a Sunday), in every
year (v).
Duties.
The borough assessors assist the mayor in the
revision of the lists (ante, p. 15); the ward as-
sessors preside with the alderman of the ward at
ward elections (ante, p. 45).
3. General Provisions applicable to all Assessors
in all Boroughs.
Qualification - Election.
The qualifications and disqualifications for the
office, and the mode of conducting the elections of
(u) 7 Will. 4 & 1 Vict. c. 78, s. 4. See Reg. v. Mayor
of Weymouth and Melcombe Regis, 1 Q. B. 46. See ante,
p. 49, as to the election of auditors.
(v) Sect. 43, stated ante, p. 45.
THE ASSESSORS.
53
assessors, are the same as in the case of auditors:
as to these see ante, p. 49 (r). There is no provision
as to the re-election of an outgoing assessor.
Acceptance of Office, &c.
As to the forms of declarations and oaths to be
made on acceptance of office, see post, pp. 73-78;
fine for non-acceptance, post, p. 79; penalties for
acting without being duly qualified, post, p. 88;
exemptions from serving, post, p. 80; vacation of
office by resignation, &c., post, pp. 82-86.
Extraordinary Vacancies.
As to how extraordinary vacancies may happen,.
see post, p. 82. As to how they are to be filled up,
see sect. 47 and 16 & 17 Vict. c. 79, s. 11 (stated
ante, p. 35): see also 16 & 17 Vict. c. 79, s. 12,
by which it is enacted, that "if any extraordinary
vacancy shall happen in the office of assessor, the
election to supply such vacancy shall be held before
the alderman of the ward, the continuing assessor,
and such burgess (not being a burgess representing
or enrolled on the burgess list for that ward) as the
mayor shall by writing under his hand appoint."
(x) Sect. 37, stated ante, p. 49.
54
THE ASSESSORS.
บ
a
Deputy Assessors.
"Every assessor shall be empowered and he is
hereby directed as soon as conveniently may be
after his election, and from time to time as the
occasion may arise or to him may seem fit, to ap-
point under his hand a deputy to act for him in
case of his illness or incapacity to act at any
election or any revision of the burgess lists; and
every such appointment shall be signified by him
in writing under his hand to the council, and shall
be recorded on the minutes of their proceedings (y)."
THE TOWN CLERK.
Appointment-Qualifications—Salary, &c.
The town clerk is appointed by the council. He
must not be a member of the council; he may
be an attorney. He holds his office during plea-
sure (). The council may take such security for
the due execution of his office, and award him.
such salary or allowance as they think proper. He
must not be the same person as the treasurer (a).
(y) 7 Will. 4 & 1 Vict. c. 78, s. 17.
(z) R. v. Thomas, 8 A. & E. 183.
(a) Sect. 58, stated post, p. 58. As to what charges a
town clerk is entitled to make, see Jones v. Mayor of Car-
marthen, 8 M. & W. 605; Thomas v. Mayor of Swansea,
THE TOWN CLERK.
55
Duties.
His duties, in connection with the preparation
and revision of the burgess lists, and the prepara-
tion of the burgess roll, will be found stated under
the titles "Preparation of the Burgess Lists," ante,
pp. 8-14; "Revision of the Burgess Lists," pp.
14—18, and “The Burgess Roll," pp. 18-20. It
may, however, be convenient to present a short
summary of them in this place :-
First, then, as to the Preparation of the Burgess
Lists.
The town clerk is to cause copies of the burgess
lists, as delivered to him by the overseers, to be
printed for sale, and fixed up, from the 8th to the
15th of September, on the door of the town hall (b).
Notices of all claims and objections are to be de-
livered to him on or before the 15th of September,
and he is to make out lists of such claims and ob-
jections, and fix them up from the 23rd of Septem-
11 M. & W. 83; Stevenson v. Mayor of Norwich, 1 Q. B.
154; R. v. Prest, 16 Q. B. Rep. 33. As to necessity of
appointment of an attorney by a corporation being under
seal, see Arnold v. Mayor of Poole, 4 Man. & G. 860;
5 Scott, N. R. 741. See also, Reg. v. Mayor of Stamford,
6 Q. B. 433; and Cope v. Thames Haven Dock and Rail-
way Company, 18 L. J., C. P., 345.
(b) Sect. 15, stated ante, p. 8.
56
THE TOWN CLERK.
ber to the 1st of October, on the door of the town
hall, and to keep copies of them for inspection and
for sale (c).
Secondly, as to the Revision of the Burgess Lists
and Preparation of the Burgess Roll.
The town clerk is to attend and produce to the
court of revision the burgess lists and the lists of
claims and objections, which, when duly revised
and signed by the mayor (d), are to be re-delivered
to the town clerk, who is to keep them, and pre-
pare from them the burgess roll (e), of which he is
to cause copies to be made for sale (ƒ).
To have the Custody of the Voting Papers.
The voting papers at elections of councillors are
to be kept for six months after the election in the
office of the town clerk, who is to allow any bur-
gess to inspect them on payment of one shilling(g).
The voting papers at elections of aldermen are to
kept by the town clerk among the records of the
borough (h).
(c) Sect. 17, stated ante, p. 11.
(d) Sect. 18, stated ante, p. 16.
(e) Sect. 22, stated ante, p. 19.
(f) Sect. 23, stated ante, p. 20.
(g) Sect. 35, stated ante, p. 42.
(h) 7 Will. 4 & 1 Vict. c. 78, s. 14, stated ante, pp. 26, 27.
THE TOWN CLERK.
57
To have the Custody of the Borough Records.
"All the charters, deeds, muniments and records
of every borough, or relating to the property thereof,
shall be kept in such place as the council from time
to time shall direct, and the town clerk for the time
being shall have the charge and custody of and be
responsible for the same (i)."
Exemption from Serving on Juries.
He is disqualified from serving on borough and
county juries (j).
Provision for Incapacity of Town Clerk.
"In any borough in which there shall be no town
clerk, or in which the town clerk shall be dead or
incapable of acting, all matters by this act required
to be done by and with regard to the town clerk
shall be done by and with regard to the person
executing duties in such borough similar to those
of town clerk, and if there be no such person, or
if such person shall be dead or incapable of acting,
then by and with regard to such fit person as the
mayor of such borough shall appoint in that be-
half (k)."
(i) Sect. 65. He has no lien on such papers as town
clerk, Rex v. Sankey, 5 A. & E. 423.
(j) Sect. 122, post, p. 172.
(k) Sect. 16.
D 5
58
THE TOWN CLERK.
As to the form of declaration to be made by him,
see post, p. 73; summary proceedings to compel
him to account to the council, post, p. 92; penalty
for neglect of duty in regard to burgess lists, post,
p. 86.
+
THE TREASURER.*
Appointment-Salary.
The treasurer is appointed by the council. He
must not be a member of the council. He holds
his office during pleasure. The council may take
such security for the due execution of his office (l),
and award him such salary or allowance, as they
think proper. He must not be the same person as
the town clerk.
Sect. 58.-"The council of every borough, on the
9th day of November in this present year [1835], shall
appoint a fit person, not being a member of the council,
to be the town clerk of such borough, who shall hold
his office during pleasure; and in any borough may be
an attorney of one of his Majesty's superior courts at
Westminster, any law, statute, charter, or usage to the
contrary notwithstanding; and the council of every
borough shall in every year appoint another fit person,
not being a member of the council, to be the treasurer
of the borough, and also such other officers as have been
usually appointed in such borough, or as they shall
think necessary for enabling them to carry into exe-
(1) See Mayor of Berwick-upon-Tweed v. Oswald, 1 El. &
Bl. 295; 17 Jur. 1148; 22 L. J., Q. B., 140.
THE TREASURER.
59
cution the various powers and duties vested in them by
virtue of this act, and may from time to time discon-
tinue the appointment of such officers as shall appear to
them not necessary to be re-appointed; and shall take
such security for the due execution of his office by any
such town clerk, treasurer, or other officer, as the said
council shall think proper; and shall order to be paid
to the mayor, and to the town clerk and treasurer, and
to every such other officer to be employed as aforesaid,
such salary or allowance as the said council shall think
reasonable; and in case of a vacancy in any such office as
aforesaid by death, resignation, removal, or otherwise,
the council of such borough may appoint another fit
person in the place of the person so making such va
cancy; provided that the town clerk and treasurer
shall not be the same person."
·
Stat. 6 & 7 Vict. c. 89, s. 6.-"And whereas the office
of treasurer of and for the aforesaid boroughs is an office
of great trust, and an annual appointment to such office
is inconvenient and unnecessary; be it therefore enacted,
that so much of the said herein before first-recited act
[The Municipal Corporation Act, 5 & 6 Will. 4. c. 76]
as provides that the council in every borough shall in
every year appoint a fit person to be treasurer of such
borough shall be and the same is hereby repealed, and
that the council of every borough shall, on the ninth
day of November next after the passing of this act,
[24th August, 1843,] or on the ninth day of November
next after such borough shall be incorporated, appoint a
fit person, not being a member of the council, to be the
treasurer of such borough, who shall thenceforth hold
his office during the pleasure of the council for the time
being; and on the happening of any vacancy thereafter,
by death, resignation, amotion, or otherwise, the council
shall proceed to the appointment of a successor, either
at any of the general quarterly meetings of the council,
or at a special meeting to be convened for that purpose,
60
THE TREASURER.
so that in no case such appointment be delayed beyond
twenty-one days from the happening of the vacancy."
Functions and Duties.
All payments to or from the borough fund ap-
pear to be made through the treasurer. His duties,
in reference to keeping accounts, &c., will be found
stated at length under the heads "Borough Ac-
counts," "Separate Accounts," &c., post, pp. 148—
151.
Exemption from Serving on Juries.
The treasurer is disqualified from serving on
borough and county juries (!).
As to the form of declaration to be made by
him, see post, p. 73; summary proceedings to
compel him to account to council, post, p. 92.
(1) Sect. 122, post, p. 172.
THE RECORDER.
61
THE RECORDER.
The subject of the recorder will be treated of
under the title "The Borough Court of Quarter
Sessions," post, p. 164. It may be expedient, how-
ever, to present in this place a short general outline
of the nature of the office, and of the mode of
appointment and duties of the recorder.
A borough need not necessarily have a recorder ;
and one individual may be recorder for several bo-
roughs (m).
Appointment-Salary—Qualifications.
He is appointed by the crown. He must be a
barrister of five years' standing. He holds office
during good behaviour. He receives a salary (n).
As to the forms of the declarations to be taken
by him, see post, pp. 73-78.
Privileges-Powers and Duties.
In all places within the borough he has prece-
dence next after the mayor, is ex officio justice of
the peace for the borough (o), is sole judge of the
(m) Sect. 103, post, p. 165.
(n) Ibid.
(0) Ibid.
62
THE RECORDER.
borough court of quarter sessions (p); and in some
boroughs, where there is a borough court of record
for the trial of civil actions, is the judge of such
court (q). He tries appeals against borough
rates (r). As to his power of appointing a deputy,
see post, p. 167.
Disabilities.
He must not be a member of parliament for the
borough, nor an alderman, councillor or police-
magistrate for the borough (s).
THE CLERK OF THE PEACE.
This subject also will be found treated of under
the title "The Borough Court of Quarter Sessions,"
post, p. 164. It may be convenient to mention, in
this place, that he is appointed by the council of
the borough, and holds his office during good beha-
viour (t). He is prohibited, under a penalty, from
acting as clerk to the borough justices (u). He is
(p) Sect. 105, post, p. 167.
(q) Sect. 118, post, p. 170.
(r) Sect. 92, post, p. 145.
(s) Sect. 103, post, p. 165.
(t) Ibid.
(u) Sect. 102, post, p. 159.
THE CLERK OF THE PEACE.
63
to give ten days' notice of the holding of the court
of quarter sessions, and is to summon the jurors to
such court (x). He is remunerated by fees; as to
which see sect. 124, stated post, p. 173.
THE BOROUGH JUSTICES.
This subject also will be treated of as incidental
to the title "Justice," post, p. 157. A few parti-
culars may, however, be mentioned here.
mayor
They are appointed by the crown (y), but the
is a justice for the borough during the year
of his office and the following year (z), and the re-
corder is ex officio a justice for the borough (a).
They need not be qualified as justices by estate,
but must possess the other qualifications re-
quired for justices of the peace, nor need they be
burgesses (b); but they must reside within the
borough or within seven miles of it, so long as
they act as borough justices (c).
(x) Sect. 121, post, p. 172.
(y) Sect. 98, post, p. 157.
(z) Sect. 57.
(a) Sect. 103, post, p. 165.
(b) Sect. 101.
(c) Sect. 98.
64
THE BOROUGH JUSTICES.
They appoint the justices' clerk (d) (as to whom
see below). They are disqualified from serving on
borough juries, and exempt from serving on county
juries (e).
As to the form of declaration and oaths to be
made by them, see post, p. 78; their jurisdiction and
powers generally, and more particularly in respect
to summary convictions, post, pp. 160–164; gaols,
post, p. 120; poor, post, pp. 163, 164; appointment
of overseers, post, p. 163; swearing in special con-
stables, post, p. 137; protection against actions,
post, pp. 102, 103, 161.
THE CLERK TO THE JUSTICES.
Referring to what is stated with respect to the
clerk to the justices, under the title "Justice," post,
pp. 157–160, 173, it will be sufficient here to state,
that he is appointed by the borough justices, and
is removable at their pleasure (ƒ), and that he is
prohibited, under a penalty of £100, from being
interested or employed in the prosecution of any
offender committed for trial by the borough jus-
tices (g). He is remunerated by fees (as to which
see Sect. 124, post, p. 173).
(d) Sect. 102, post, p. 159.
(f) Sect. 102.
(e) Sect. 122, post, p. 172.
(g) Sect. 102.
THE POLICE MAGISTRATES.
65
THE POLICE MAGISTRATES.
Sect. 99." If the council of any borough shall
think it requisite that a salaried police magistrate
or magistrates be appointed within such borough,
such council is hereby empowered to make a bye-
law (h) fixing the amount of the salary which he
or they are to receive in that behalf; and such
bye-law so made by any council as aforesaid shall
be transmitted to one of his Majesty's principal
secretaries of state, and it shall be lawful there-
upon for his Majesty, if he shall think fit, to ap-
point one or more fit persons, according to the
number fixed in the said bye-law (being barristers-
at-law of not less than five years' standing), to be
during his Majesty's pleasure police magistrate
or magistrates and a justice or justices of the
peace for such borough, and to direct that such
sum shall be paid quarterly out of the borough
fund of such borough as will be sufficient to pay
such yearly salary to each of the justices so as-
signed as last aforesaid, not exceeding in the whole
the salary mentioned in the prayer of such petition,
clear of all fees or deductions, as to his Majesty
shall seem fit; and the treasurer of such borough
shall thereupon pay to each justice so assigned as
(h) As to bye-laws, see post, p. 111.
!
66
THE POLICE MAGISTRATES.
last aforesaid, out of the borough fund of such bo-
rough, the salary so directed to be paid, by four
equal quarterly payments, and in the same propor-
tion up to the time of the death of such justice or
his ceasing to act under such assignment as afore-
said: Provided that in every case of vacancy of the
office of police magistrate in any borough afore-
said no new appointment of police magistrate in
such borough shall be made until the council shall
again make application to one of his Majesty's
principal secretaries of state in that behalf, and as
in the case of the first appointment of a police ma-
gistrate in such borough."
As to the form of declaration to be made by the
police magistrate, see post, p. 78.
THE CORONER.
In boroughs not having a separate court of
quar-
ter sessions (as to which court see post, p. 164) the
county coroner is to act (i). But every borough
having a separate court of quarter sessions is also
to have a borough coroner (k).
(i) Sect. 64, which also contains a reservation of the juris-
diction of the Admiralty coroner in the several ports, &c.,
where it has heretofore been exercised.
(h) Sect. 62, stated p. 67.
THE CORONER.
67
Appointment, &c.
The borough coroner is appointed by the coun-
cil, and is to hold his office during good behaviour.
An alderman or councillor cannot be chosen coro-
ner (1).
Duties and Emoluments.
He holds all coroners' inquisitions within the
borough, and receives a fee of 20s. for every inqui-
sition, besides a small allowance (specified below)
for travelling expenses.
Sect. 62.-"The council of every borough in which
a separate court of quarter sessions of the peace shall be
holden, as is hereinafter provided, shall, within ten days
next after the grant of the said court shall have been
signified to the council of such borough (m), appoint a
fit person, not being an alderman or councillor, to be
coroner of such borough so long as he shall well behave
himself in his office of coroner, and shall fill up every
vacancy of the office of coroner of the borough, by
death, resignation, or removal, within ten days next
after such vacancy shall have occurred, and none there-
after shall take any inquisition which belongs to the
office of coroner within such borough save only the
coroner so from time to time to be appointed; and every
such coroner, for every inquisition which he shall duly
take within such borough, shall be entitled to have the
sum of 20s., and also the sum of 9d. for every mile
exceeding two miles which he shall be compelled to
(7) Sect. 62, stated below.
(m) Reg. v. Grimshaw, 5 Dowl. & L. 249; 10 Q. B. 747.
68
THE CORONER.
travel from his usual place of abode to take such inqui-
sition (n), to be paid by the treasurer out of the borough
fund of such borough, by order of the court of quarter
sessions for such borough."
The order of the court of quarter sessions being
necessary, under the above section, for the pay-
ment of the coroner's fees and mileage, he usually
lays his account for fees and mileage before the
recorder, at each quarter sessions.
The "Act to provide for Payment of the Ex-
penses of holding Coroners' Inquests," (7 Will. 4
& 1 Vict. c. 68, after directing the town council to
make a schedule of fees, allowances and disburse-
ments, which on the holding of any inquest on
any dead body may be paid by the coroner (other
than fees to medical witnesses under the "Act to
provide for the Attendance and Remuneration of
medical Witnesses at Coroners' Inquests," (6 & 7
Will. 4, c. 89), requires every borough coroner,
within four months after holding any inquest, to
cause a full account of all sums paid by him under
the provisions of that act, with proper vouchers,
to be laid before the council of the borough, who
may examine him on oath as to such account, and,
on being satisfied of its correctness, are to make
an order on the borough treasurer for the payment
of the sum due to him on such account, and also
of the sum of 6s. 8d. " for every inquest holden by
(n) See R. v. Oxfordshire (Justices), 2 B. & A. 203;
R. v. Warwickshire (Justices), 5 B. & C. 431; R. v. Car-
marthenshire (Justices), 2 New Sess. Ca. 679.
THE CORONER.
69
him as aforesaid, over and above all other fees and
allowances to which he is now by law entitled."
Thus, besides the account of his own fee of 20s.
and mileage, to be laid before the recorder, under
the Municipal Corporation Act, the coroner is,
under the stat. 7 Will. 4 & 1 Vict. c. 68, to lay
before the council an account of the sums paid by
him to witnesses, &c. under the last-mentioned act,
which are to be reimbursed by an order from the
council on the treasurer; and is entitled, it would
seem, to a fee of 6s. 8d. over and above the fee of
20s., to which he is entitled by sect. 62 of the
Municipal Corporation Act.
To make Annual Returns to the Secretary of
State.
"On or before the 1st day of February in every
year after the passing of this act every coroner
appointed in any borough shall make and trans-
mit to one of his majesty's principal secretaries of
state a return in writing, according to such form
as the said secretary of state from time to time
shall direct, of all the cases in which he (o) may
have been called upon to hold an inquest touching
the cause of death of any person during the year
ending on the 31st day of December immediately
preceding (p)."
(0) Or his deputy, post, p. 70.
(p) Sect. 63.
70
THE CORONER.
Power to appoint a Deputy.
In case of the coroner's illness or unavoidable
absence, he is, by writing under his hand and seal,
to appoint a fit person, being a barrister or an
attorney, and not being an alderman or councillor
of the borough, to act for him, as deputy coroner,
during his illness or unavoidable absence; provided
that the mayor or two borough justices, on each
occasion, certify under their hands and seals, the
necessity for the appointment of such deputy coro-
ner; and such certificate shall state the cause of
absence of the coroner, and shall be openly read
to every inquest jury summoned by such deputy
coroner; and the particulars of every inquest
holden before any deputy coroner shall be included
in the return to be made by the coroner to the
secretary of state, as provided by the Municipal
Corporation Act (g).
As to inquests taken before deputies, see Reg. v.
Perkin, 7 Q. B. 165.
(q) 6 & 7 Will. 4, c. 105, s. 6.
THE SHERIFF.
71
THE SHERIFF.
In the city of Oxford, in the town of Berwick-
upon-Tweed, and in the counties of the cities of
Bristol, Canterbury, Chester, Coventry, Exeter,
Gloucester, Lichfield, Lincoln, Norwich, Worces-
ter, and York, and in the counties of the towns of
Carmarthen, Haverfordwest, Kingston-upon-Hull,
Newcastle-upon-Tyne, Nottingham, Poole, and
Southampton, the council shall (r), at their quar-
terly meeting on the 9th November, in every year,
immediately after the election of mayor (s), appoint
a fit person to execute the office of sheriff, with the
like duties and powers as the sheriff, or the person
filling the office of sheriff in the said town and
counties respectively, would have had if the Muni-
cipal Corporation Act had not been passed (t); and
such sheriff is to hold his office until the appoint-
ment of his successor (u).
(r) Sect. 61.
(s) 6 & 7 Will. 4, c. 105, s. 5.
(t) 5 & 6 Will. 4, c. 76, s. 61.
(u) 6 & 7 Will. 4, c. 105, s. 5.
72
OTHER OFFICERS.
OTHER OFFICERS.
The 58th section of the Municipal Corporation.
Act (stated ante, p. 58) declares that the council
shall appoint the town clerk and the treasurer, and
also such other officers (x) as have been usually ap-
pointed in the borough, or as they shall think ne-
cessary for enabling them to carry into execution
the various powers and duties vested in them by
virtue of the act; and may from time to time.
discontinue the appointment of such officers as
shall appear to them not necessary to be re-ap-
pointed; and shall take such security for the due
execution of his office by any such officer as the
council shall think proper, and shall order to be
paid to every such officer such salary or allowance
as the council shall think reasonable.
As to the judge and registrar of the court of
record, see post, p. 170. As to constables, see
post, pp. 134-137.
As to the form of declaration and oaths to be
made by officers on admission, see post, pp. 73-77.
(x) The overseer appointed under 7 Will. 4 & 1 Vict.
c. 81, s. 3 (post, p. 147), is not an "officer" within sect. 58
of the Municipal Corporation Act. Mayor of Birmingham
v. Wright, 16 Q. B. Rep. 623.
GENERAL PROVISIONS.
73
GENERAL PROVISIONS RELATING TO
MEMBERS AND OFFICERS OF MUNI-
CIPAL CORPORATIONS.
I. DECLARATION AND OATHS TO BE MADE BY ALL
CORPORATE OFFICERS, ON OR BEFORE ADMIS-
SION TO OFFice.
1. Declaration in General.
Every person placed, elected or chosen in or to
the office of mayor, alderman, recorder, bailiff,
town clerk or common councilman, or in or to any
office of magistracy, or place, trust, or employ-
ment (y) relating to the government of any city,
corporation, borough or cinque port within England
and Wales, or Berwick-upon-Tweed, shall within
one calendar month next before or upon his admis-
sion into any of the aforesaid offices or trusts, make
and subscribe the declaration following:-
"I, A. B., do solemnly and sincerely, in the
presence of God, profess, testify and declare
upon the true faith of a Christian, that I will
never exercise any power, authority or influence
which I may possess by virtue of the office of
, to injure or weaken
the Protestant Church as it is by law esta-
blished in England, or to disturb the said
(y) Sheriff exempted by 5 & 6 Will. 4, c. 28.
E
74
GENERAL PROVISIONS RELATING TO
church, or the bishops and clergy of the said
church, in the possession of any rights or
privileges to which such church or the said
bishops and clergy are or may be by law en-
titled (z).
The above declaration is directed to be made and
subscribed before the person or persons who by
charter or usage ought to administer the oath for
the due execution of the office, and in default of
such, in the presence of two borough justices, if
such there be, or otherwise before two justices of the
county, riding, division, or franchise in which the
borough is situate; and the declaration is to be
entered and filed among the borough records (a).
In case of omission or neglect to make the de-
claration, the election will be void (b).
The words "upon his admission" (in sect. 2,
above cited) have been held to mean upon the oc-
casion of, or at the time of, his admission, and not
a reasonable time after; and it has been held, that
the authorities who admit may prescribe the order
in which the ceremonies, forming parts of the ad-
mission, shall take place (c).
(z) 9 Geo. 4, c. 17, s. 2.
(a) Ibid. s. 3.
(b) Ibid. s. 4.
(c) Reg. v. Humphery, 10 A. & E. 365.
MEMBERS AND OFFICERS, ETC.
75
Special Provision relating to Quakers, Moravians,
and Separatists.
The stat. 1 & 2 Vict. c. 5, (extended by stat. 1 & 2
Vict. c. 15,) enables any Quaker, Moravian or Sepa-
ratist admitted to the office of mayor, alderman,
councillor, recorder, bailiff, town clerk or common
councilman, or any office of magistracy, or place,
trust, or employment relating to the government of
any city, corporation, borough, or cinque port
within England and Wales or Berwick-on-Tweed,
to make, instead of the above declaration, the fol-
lowing declaration :-
"I A. B., being one of the people called
Quakers [or one of the persuasion of the peo-
ple called Quakers, or of the united brethren
called Moravians, or of the denomination
called Separatists, as the case may be], having
conscientious scruples against subscribing the
declaration contained in an act passed in the
ninth year of the reign of King George the
Fourth, intituled An Act for repealing so much
of several Acts as imposes the Necessity of re-
ceiving the Sacrament of the Lord's Supper as a
Qualification for certain Offices and Employ-
ments(d), do solemnly, sincerely and truly de-
clare and affirm that I will not exercise any
(d) The 9 Geo. 4, c. 17, cited above.
E 2
76
GENERAL PROVISIONS RELATING TO
power or authority or influence which I may
possess by virtue of the office of
to in-
jure or weaken the Protestant Church as it is
by law established in England, nor to disturb
the said church, or the bishops and clergy of
the said church, in the possession of any
right or privileges to which such church or
the said bishops and clergy may be by law
entitled (e)."
Special Provision relating to Jews.
The stat. 8 & 9 Vict. c. 52, enables every person
professing the Jewish religion, admitted to the
office of mayor, alderman, recorder, bailiff, com-
mon councilman, councillor, chamberlain, treasurer,
town clerk, or any other municipal office in any
city, town corporate, borough, or cinque port, with-
in England and Wales or Berwick-upon-Tweed, to
make, instead of the declaration prescribed by the
9 Geo. 4, c. 17, a declaration according to the form
set forth in the 8 & 9 Vict. c. 52, (and which is
almost identical with the form of declaration to be
made by Quakers, &c., given above).
(e) 1 & 2 Vict. c. 5.
MEMBERS AND OFFICERS, ETC.
77
2. Oaths of Allegiance, Supremacy, and Abjura-
tion.
Although these oaths are not mentioned in the
Municipal Corporation Act, it would seem that
they must still be taken upon admission to any
municipal office. They should be taken at the time
of admission: see Rex v. Inhabitants of Corfe
Mullen, 1 B. & Ad. 219.
II. DECLARATION TO BE MADE BY CERTAIN COR-
PORATE OFFICERS BEFORE ACTING.
1. By Mayor, Aldermen, Councillors, Auditors,
and Assessors.
"No person elected a mayor, alderman, or coun-
cillor, or auditor or assessor for any borough, shall
be capable of acting as such, except in administer-
ing the declaration hereinafter contained, until he
shall have made and subscribed before any two or
more such aldermen or councillors (who are hereby
respectively authorized and required to administer
the same to each other(ƒ)), a declaration in the
words or to the effect following; (that is to say),
"I A.B., having been elected mayor [or
alderman, councillor, auditor, or assessor] for
the borough of do hereby declare, that I
,
(f) Reg. v. Greene, 2 Q. B. 460.
78
GENERAL PROVISIONS RELATING TO
take the said office upon myself, and will duly
and faithfully fulfil the duties thereof accord-
ing to the best of my judgment and ability;
[and in the case of the party being qualified by
estate, say (g), and I do hereby declare that I
am seised or possessed of real or personal
estate, or both, [as the case may be], to the
amount of one thousand pounds or five hun-
dred pounds, as the case may require(h), over
and above what will satisfy all my debts (i)."]
As to the penalty for acting without making the
above declaration, see post, p. 88.
2. By Recorder and Borough Justices.
"No recorder or person assigned to keep the
peace within any such borough shall be capable of
acting as recorder or justice of the peace within
such borough until he shall have taken the oaths
provided to be taken by justices of the peace, ex-
cept the oath as to qualification by estate, and
until he shall have made before the mayor or be-
fore any two or more of the auditors or councillors
of such borough (who is and are hereby authorized
(g) As to the qualification by estate (which is the same
for mayor, aldermen, councillors, auditors and assessors),
see ante, p. 31.
(h) See last note.
(i) Sect. 50.
MEMBERS AND OFFICERS, ETC.
79
and required to administer the same) a declaration
in the following form; (that is to say,)
"I A.B. do hereby declare, that I will
faithfully and impartially execute the office of
recorder [or justice of the peace] for the
borough of —— according to the best of my
judgment and ability (j).”
III. MAYOR, ALDERMEN, COUNCILLORS, AUDI-
TORS, AND ASSESSORS, MUST ACCEPT OFFICE, OR
PAY A FINE. -WHO EXEMPT FROM SERVING.
Every person elected to the office of mayor,
alderman, councillor, auditor or assessor, must
accept the same, by making and signing the decla-
ration given, ante, p. 77, or pay to the borough
such fine, not exceeding 1007. in the case of mayor,
and 507. in the case of aldermen, councillors, au-
ditors or assessors, as the council shall by a bye-
law (k) declare. The declaration must be made
within five days after receiving notice of the elec-
tion, otherwise the office shall be deemed vacant,
and the person elected will be liable to the fine as
for non-acceptance (1).
(j) Sect. 104. See also 6 & 7 Will. 4, c. 105, s. 3, ren-
dering it unnecessary to sue out any special dedimus, &c. for
administering the oaths required by sect. 104 of the Munici-
pal Corporation Act.
(k) As to bye-laws in general, see post, p. 111.
(7) Sect. 51, stated p. 80.
80
GENERAL PROVISIONS RELATING TO
Persons disabled by lunacy or imbecility of
mind, deafness, blindness, or other permanent in-
firmity of body, and officers on full pay, are exempt
from serving. And persons above sixty-five years
of age, or who have already served the office or
paid the fine within five years, are exempt, if they
claim their exemption within five days after re-
ceiving notice of their election (m). And by 6 & 7
Will. 4, c. 104, s. 8, it is enacted, that "no person
enabled by law to make an affirmation instead of
taking an oath shall be liable to any fine for non-
acceptance of office in any borough by reason of
his refusal on conscientious grounds to take any
oath or make any declaration required by the said
act [the Municipal Corporation Act], or to take
himself the duties of such office."
upon
Sect. 51. Every person duly qualified who shall
be elected to the office of alderman, councillor, auditor,
or assessor, and every councillor (n) who shall be elected
to the office of mayor, for any borough, shall accept such
office to which he shall have been elected, or shall in
lieu thereof pay to the mayor, aldermen, and burgesses
of such borough such fine not exceeding fifty pounds in
case of aldermen, councillors, auditors, or assessors, and
such fine, not exceeding one hundred pounds, in case of
(m) Section 51, stated below.
(n) Councillor. It would seem that an alderman elected
mayor is not liable to the fine for non-acceptance; but a
mandamus calling on him to serve the office would be granted,
R. v. Bower, 1 B. & C. 585; and he would be indictable,
Vanacher's Case, Lord Raym. 499; Carthew, 400; or liable
to a criminal information. R. v. Whitwell, 5 T. R. 86; R. v.
Hungerford, 11 Mod. 142; R. v. Grosvenor, 2 Str. 1193.
MEMBERS AND OFFICERS, ETC.
81
mayor, as the council of such borough by a bye-law
to be made as hereinafter provided shall (o) declare in
that behalf; and such fine if not duly paid shall be
levied by the warrant of any justice having jurisdiction
within the borough, who is hereby required on the
application of the council to issue the same, by distress
and sale of the goods and chattels of the person so
refusing to accept office, with the reasonable charges of
such distress; and every such person so elected shall
accept such office by making and subscribing the decla-
ration herein before mentioned within five days after
notice (p) of his election, otherwise such person shall be
liable to pay the said fine as for his non-acceptance of
such office, and such office shall thereupon be deemed to
be vacant and shall be filled up by a fresh election to
be made in the manner hereinbefore mentioned: Pro-
vided always, that no person disabled by lunacy or
imbecility of mind, or by deafness, blindness, or other
permanent infirmity of body, shall be liable to such
fine as aforesaid: Provided also, that every person so
elected to any such office who shall be above the age
of sixty-five years, or who shall have already served
such office respectively, or paid the fine for not accept-
ing such office respectively, within five years from the
day on which he shall be so re-elected, shall be ex-
empted from accepting or serving the same office if he
shall claim such exemption within five days after notice
of his election provided always, that nothing in this
act contained shall extend to compel the acceptance of
any office or duty whatever in any borough by any
military, naval, or marine officer in his majesty's service
(o) The council must, it would seem, Vanacher's case, 1
Lord Raym. 499, and 5 Mod. 440.
(p) As to what notice is sufficient for this purpose, see
Reg. v. Preece, 5 Q. B. 94; Dav. & M. 156; Reg. v. Coaks,
18 Jur. 378.
E 5
82
GENERAL PROVISIONS RELATING TO
on full pay, or by any officer or other person employed
and residing within any of his majesty's dockyards,
victualling establishments, arsenals, or barracks."
IV. EXTRAORDINARY VACANCIES IN CORPORATE
OFFICES.-HOW THEY MAY BE OCCASIoned.
By Non-acceptance.
By being elected into another
Office.
By Resignation.
By being interested in Gaol Con-
tracts.
By Bribery or Corruption,
By Amotion.
By Bankruptcy, &c.
By Death.
By Absence.
By Non-acceptance.
Unless the declaration required to be made by
all mayors, aldermen, councillors, auditors and
assessors (q), be made within five days after re-
ceiving notice of election, the office shall be deemed
vacant, and the person elected to it will be liable
to the fine as for non-acceptance (r).
By being elected into another Office,
As where a councillor is elected alderman (s).
It may be stated generally, that the acceptance by
any corporate officer of an office incompatible
with that which he already holds, will avoid the
(q) For the form of this declaration, see ante, p. 77.
(r) Sect. 51, stated ante, p. 80.
(s) Ante, pp. 25, n., 26, n.
MEMBERS AND OFFICERS, ETC.
83
original office. Where, however, the office is such
as cannot be resigned without the consent of another
authority, the acceptance of the new office will not
avoid the old one, unless it be made with the con-
currence of such other authority (t).
By a reference to the appropriate title of any
one of the corporate offices, as previously treated
of in this work, it will generally be found what
offices it is in compatible with.
By Resignation.
"Every person elected into any corporate office
in any of the said boroughs may at any time resign
such office on payment of the fine which he would
have been liable to pay for non-acceptance of the
same office (u)." As to the mode of resigning, see
Rawlinson's Municipal Corporation Act, pp. 288,
289, in notis, and the authorities there cited.
By Bankruptcy, &c.
If a mayor, alderman or councillor, becomes
bankrupt or insolvent, or compounds with his cre-
ditors, he shall become disqualified and cease to
hold office (x).
(t) See Glover on Corporations, p. 139 et seq; and Raw-
linson's Municipal Corporation Act, pp. 290, 291, in notis,
and the authorities there cited.
(u) 6 & 7 Will. 4, c. 104, s. 8.
(x) Sect. 52, stated post, p. 84.

84
GENERAL PROVISIONS RELATING TO
By Absence.
If a mayor is absent from his borough for more
than two months, or an alderman or councillor for
more than six months, at one and the same time
(unless in case of illness), he shall become disqua-
lified, and cease to hold office, and shall be liable
to the fine as for non-acceptance.
Sect. 52.-"If any person holding the office of
mayor, alderman, or councillor for any borough shall be
declared bankrupt, or shall apply to take the benefit
of any act for the relief of insolvent debtors, or shall
compound by deed with bis creditors, or, being mayor,
shall be absent for more than two calendar months,
or, being an alderman or councillor, for more than six
months at one and the same time, (unless in case of
illness,) from the borough of which he shall be mayor,
alderman, or councillor, then and in every such case
such person shall thereupon immediately become dis-
qualified and shall cease to hold the office of such
mayor, alderman, or councillor as aforesaid, and in the
case of such absence shall be liable to the same fine, to
be recovered in the same manner, as if he had refused
to accept the said office; and the council thereupon
shall forthwith declare the said office to be void, and
shall signify the same by notice in writing under the
hands of three or more of them, countersigned by the
town clerk, to be affixed in some public place within the
borough, and the said office shall thereupon (y) become
void; but every person so becoming disqualified and
ceasing to hold such office on account of his being
declared a bankrupt, or of his applying to take the
(y) Rex v. Mayor of Leeds, 7 A. & E. 963; Rex v.
Mayor of Oxford, 6 A. & E. 349.

MEMBERS AND OFFICERS, ETC.
85
benefit of any act for the relief of insolvent debtors, or
having compounded with his creditors as aforesaid,
shall, on obtaining his certificate or on payment of his
debts in full, be capable (if otherwise qualified) of
being re-elected to such office, and every person be-
coming disqualified to hold such office on account of
absence as aforesaid shall on his return to such bo-
rough be capable of being re-elected to such office,
provided he shall then be otherwise qualified."
By being interested in any Contract relating to
Borough Gaols.
See 7 Will. 4 & 1 Vict. c. 78, s. 39, stated post,
p. 94.
By Bribery or Corruption.
See post, p. 89.
By Amotion.
Every corporation has a power of removing its
members for reasonable cause.
The offences for which a corporator may be dis-
franchised, or a corporate officer removed, have
been distributed into three distinct classes:-
First, such as relate merely to his corporate or
official character, and amount to breaches of the
condition tacitly or expressly annexed to his fran-
chise or office.
86
GENERAL PROVISIONS RELATING TO
Secondly, such as have no immediate relation to
his corporate or official character, but are in them-
selves of so infamous a nature as to render the
offender unfit to enjoy any public franchise, such
as perjury, forgery, &c.
And, thirdly, offences of a mixed nature, being
not only against his corporate or official duty, but
also indictable at common law (2),
The death of an officer will, of course, occasion
a vacancy in his office.
As to the mode of filling up extraordinary va-
cancies in the various offices, see the several titles
of such offices, ante, pp. 21-72.
V. PENALTIES ON OFFICERS, &c., FOR OFFENCES
AGAINST THE MUNICIPAL CORPORATION Act.
1. Penalties on Mayor, Aldermen, Assessors, Over-
seers and Town Clerk for neglect of Duty as to
Burgess Lists and Elections.
Every mayor, alderman or assessor neglecting
or refusing to revise the burgess lists (a), or to con-
duct or to declare any election of councillors, asses-
(z) 2 Kyd on Corporations, 50; Glover on Corporations,
327, where the subject is fully treated of.
(a) As to the preparation and revision of the burgess lists,
see ante, pp. 8—15.
MEMBERS AND OFFICERS, ETC.
87
sors or auditors (b), is subjected to a penalty of
£100; and every overseer neglecting or refusing
to make out, sign and deliver his list (c), and every
town clerk neglecting or refusing to receive, print
and publish the burgess lists (d), and every over-
seer and town clerk refusing to allow the list to be
perused by any person having a right thereto (e),
is subjected to a penalty of £50; the penalties in
each case to be recovered by action (to be brought
within three calendar months after the commission
of the offence), and half to go to the person suing
and half to the borough fund (ƒ).
Any neglect of duty as above, although not
wilful, subjects the party to the penalty (g).
A party sued for the penalty for neglecting to
sign a burgess list is not within the provisions of
sect. 133, stated post, p. 102 (h).
(b) As to elections of councillors, see ante, p. 34; of
assessors, ante, pp. 51-53; of auditors, ante, p. 50.
(c) As to the overseers' duties in the preparation of the
lists, see ante, p. 8.
(d) As to the town clerk's duties in reference to the
burgess lists, see ante, pp. 55, 56.
(e) As to who is entitled to peruse the lists, see ante,
pp. 9, 12.
(f) Sect. 48.
(g) King v. Burrell, 4 P. & D. 207; 12 A. & E. 460;
King v. Share, 3 Q. B. 31; 2 G. & D. 453. See also
Clarke v. Gant (in error), 8 Exch. 252; 17 Jur. 239; 22
L. J. (Exch.) 67-Exch. Cham.
(h) King v. Burrell, ubi supra.
88
GENERAL PROVISIONS RELATING TO
2. Penalties on Mayor, Aldermen, Councillors,
Auditors or Assessors acting without being duly
qualified.
If any person shall act as mayor, alderman,
councillor, auditor or assessor, without having
made the declaration given ante, p. 77, or without
being duly qualified (i), or after having become
disqualified, he shall forfeit for every offence the
sum of £50, to be recovered by action, half to go
to the person suing, and half to the borough fund.
The action can only be brought by a burgess (k);
and he must serve a written notice of action per-
sonally upon the party (l) within fourteen days
after the commission of the offence (m).
As to the fine on the above officers for non-accept-
ance, see ante, p. 79; for absence, p. 84; for resig-
nation, p. 83.
See sect. 133 (post, p. 102), containing provisions
for the protection against actions of persons acting
in pursuance of the act.
(¿) As to the qualifications of the mayor, see ante, p. 21;
aldermen, ante, p. 25; councillors, p. 30; auditors, p. 49;
assessors, p. 52; and see 6 & 7 Will. 4, c. 104, s. 7.
(k) Simpson v. Ready, 12 M. & W. 736.
(1) See Arnold on Corporations, p. 139.
(m) Sect. 53.
MEMBERS AND OFFICERS, ETC.
89
3. Penalties on Persons guilty of Bribery and Cor-
ruption at Elections.
"If any person who shall have or claim to have
any right to vote in any election of mayor, or of
a councillor, auditor, or assessor of any borough,
shall, after the passing of this act, ask or take any
money or other reward by way of gift, loan, or
other device, or agree or contract for any money,
gift, office, employment, or other reward whatso-
ever, to give or forbear to give his vote in any
such election, or if any person, by himself or any
person employed by him, shall, by any gift or
reward, or by any promise, agreement (n), or se-
curity for any gift or reward (0), corrupt or pro-
cure (p), or offer to corrupt or procure, any person
to give or forbear to give his vote in any such
election, such person so offending in any of the
cases aforesaid shall for every such offence forfeit
the sum of fifty pounds of lawful money of Great
Britain, to be recovered, with full costs of suit,
by any one who shall sue for the same, by action
of debt, bill, plaint, or information in any of his
Majesty's courts of record at Westminster; and
any person offending in any of the cases aforesaid
(n) Reg. v. Thwaites, 1 El. & Bl. 704; 17 Jur. 712;
22 L. J., Q. B., 238.
(0) Harding v. Stokes, 1 M. & W. 354.
(p) Harding v. Stokes, 2 M. & W. 233; Bush v. Ral-
ling, Sayer, 292; Henslow v. Fawcett, 3 A. & E. 51; 4 N.
& M. 592.
90
GENERAL PROVISIONS RELATING TO
being lawfully convicted thereof, shall for ever be
disabled to vote in any election in such borough,
or in any municipal or parliamentary election what-
ever in any part of the united kingdom, and also
shall for ever be disabled to hold, exercise, or
enjoy any office or franchise to which he then
shall or at any time afterwards may be entitled
as a burgess of such borough, as if such person
was naturally dead "(g).
"If any person offending in any of the cases
aforesaid shall, within the space of twelve months
next after such election as aforesaid, discover any
other person offending in any of the cases afore-
said, so that such other person be thereon con-
victed, such person so discovering, and not having
been before that time convicted of any such of
fence, shall be indemnified and discharged from
all penalties and disabilities which he shall then
have incurred by any such offence "(r).
"No person shall be made liable to any incapa-
city, disability, forfeiture, or penalty by this act
imposed in any of the cases aforesaid, unless pro-
secution be commenced within two years after
such incapacity, disability, forfeiture, or penalty
shall be incurred, anything herein contained to the
contrary notwithstanding" (s).
(9) Sect. 54.
(r) Sect. 55.
(s) Sect. 56. See the various cases on this subject noticed
and commented on in Rawlinson's Municipal Corporation
Act, pp. 93-96, in notis.
MEMBERS AND OFFICERS, ETC.
91
4. Penalties on Alderman, Councillor or Clerk of
the Peace, &c., acting as Clerk to the Justices.
Any person, being an alderman, councillor or
clerk of the peace of any borough, or the partner
or clerk, or in the employ of such clerk of the
peace (q), who shall act as clerk to the justices of
such borough, is subjected to a penalty of £100,
half to go to the borough fund, and half to the
person suing for the same (r).
5. As to Actions for the above Penalties.
See the provisions mentioned post, p. 102, for
the protection against actions of persons acting in
pursuance of the act.
As to penalties on persons for assaulting con-
stables, see post, p. 135; penalties on constables for
neglect of duty, post, p. 135; fines on jurors for
non-attendance, post, p. 172; on witnesses for non-
attendance, post, p. 161; for breach of bye-laws,
post, p. 111.
As to offences against the act cognizable by the
borough justices, see post, p. 160.
(9) Coe v. Lawrence, 1 El. & Bl. 516; 17 Jur. 1115;
22 L. J., Q. B., 140.
(r) Sect. 102, stated post, p. 159.
92
GENERAL PROVISIONS RELATING TO
VI. SUMMARY PROCEEDING AGAINST TREASURER,
TOWN CLERK, OR OTHER OFFICERS REFUSING TO
ACCOUNT.
(6
Every town clerk, treasurer, or other officer
appointed by the council as aforesaid (s) shall, at
such times during the continuance of his office, or
within three months after the expiration of his office,
and in such manner as the said council shall direct,
deliver to the council, or to such person as they shall
authorize for that purpose, a true account in writing
of all matters committed to his charge by virtue
of this act, and also of all monies which shall have
been by him received by virtue or for the purposes
of this act, and how much thereof shall have been
paid and disbursed, and for what purposes, together
with proper vouchers for such payments, and also a
list of the names of all such persons as shall not
have paid the monies due from them for the pur-
poses of this act, and of the amount due from each
of them; and every such officer shall pay all such
monies as shall remain due from him to the trea-
surer for the time being, or to such person as the
said council shall authorize to receive the same;
and if any such officer shall refuse or wilfully neg-
lect to deliver such account, or the vouchers relating
to the same, or such list as aforesaid, or to make
payment as aforesaid, or shall refuse or wilfully
neglect to deliver to the said council, or to such
(s) See sect. 58, stated ante, p. 58. See also ante, p. 72.
MEMBERS AND OFFICERS, ETC.
93
person as they shall authorize, within three days
after being thereunto required by notice in writing
under the hands of any three or more of the said
council, to be given to or left at the last place of
abode of such officer, all books, papers, and writings
in his custody or power relating to the execution of
this act, or to give satisfaction to the said council,
or to such other person as aforesaid, respecting the
same, then and in every such case, upon complaint
made on behalf of the said council, by such per-
son as they shall authorize for that purpose," to
any justice of the peace for the county or other
jurisdiction wherein such officer shall be or re-
side (t), such justice may issue a warrant to bring
him before two justices for such county or jurisdic-
tion, who may hear and determine the matter in a
summary way, issuing a warrant of distress for any
money that may appear to remain due from the
officer; and if that is insufficient, committing him
to prison until he pays or compounds for it with
the council. If his offence is the having refused
to deliver accounts, vouchers, books, &c., or to
give satisfaction respecting the same as aforesaid,
the justices may commit him to prison until he
does so (u).
But no person so committed to prison, shall be
detained there for want of sufficient distress only, for
a longer space than three calendar months (x).
(t) In the matter of the Justices of Gateshead, 6 A. &
E. 550, n.
(u) Sect. 60.
(x) Sect. 60.
94
GENERAL PROVISIONS RELATING TO
Ex parte Eggington, 18 Jur. 224, is a recent
case on sect. 60 of the Municipal Corporation Act.
VII. PERPETUAL DISQUALIFICATIONS FROM HOLD-
ING OFFICE.
Bribery and Corruption.
See sections 54, 55, 56, stated ante, pp. 89, 90.
Officers being interested in any Contract relating to
the Building of Gaols (y).
7 Will. 4 & 1 Vict. c. 78, s. 39.—“ It shall not
be lawful for any mayor, alderman, councilman, or
other officer of a corporation, to be interested or
concerned or employed, directly or indirectly, as an
architect, builder, artist, mechanic, workman, mer-
chant, trader, or otherwise howsoever in any part
of the work to be done or materials to be supplied
at any such gaol or house of correction, or in any
contract whatever relating thereto (z); and if any
one holding such office shall be so interested, con-
cerned, or employed in such work or contract as
aforesaid, he shall thenceforward be disqualified
from continuing to hold such office, and also from
being thereafter elected or appointed to fill any cor-
porate office within any such city or borough."
(y) As to borough gaols see post, pp. 114-121; 129–132.
(z) See note on this section in Rawlinson, p. 346.
MEMBERS AND OFFICERS, ETC.
95
As to the necessity of giving notice of disqualifi-
cation at the time of the election, see ante, p. 39.
VIII. ELECTIONS OF OFFICERS, &c., PREVENTED
BY ACCIDENT FROM BEING HELD ON THE AP-
POINTED DAY, TO BE HELD ON THE FOLLOW-
ING DAY, &c.
In case no election shall be made of any mayor,
or of any of the aldermen, councillors, or other
corporate officers upon the day or within the time
appointed by the acts, or such election being made
shall afterwards become void, whether such omis-
sion or avoidance shall happen through the default
of the officer or officers who ought to preside at
such election, or by any accident or other means
whatsoever, the corporation shall not thereby be
deemed to be dissolved or disabled from proceed-
ing to the election; but in any case where no such
election shall be made as aforesaid, the election
may be had upon the day next after the day on
which such election ought to have been made, un-
less such day shall happen to be on a Sunday, and
then upon the Monday following (a).
As to the mandamus to compel a corporation to
proceed to an election, see post, p. 97.
(a) 7 Will. 4 & 1 Vict. c. 78, s. 25.
96
GENERAL PROVISIONS RELATING TO
IX. LEGAL ProceedingS BY WHICH THE RIGHT
TO CORPORATE OFFICES, ETC., IS ENFORCED OR
Contested—MANDAMUS AND QUO WARRANTO.
Remedy of Officers who are kept out of their
Offices.
A mandamus (which is described by Black-
stone (b) as a high prerogative writ, and, in form,
a command issuing in the Queen's name directed
to any person, or corporation, or inferior court of
judicature, within the Crown's dominions, requiring
them to do some particular thing therein specified,
which appertains to their office and duty, and
which the Court of Queen's Bench has previously
determined, or at least supposes, to be consonant
to right and justice) will lie to compel a corpo-
ration to proceed to the election of corporate offi-
cers, or the admission of a freeman; or to restore
any officer, such as recorder, town clerk, or clerk
of the peace, or any member of the corporation
who has been turned out, or disfranchised or sus-
pended (c).
(b) Bl. Com. vol. 3, p. 110.
(c) See the chapter on mandamus, in Arnold on Corpora-
tions, where the subject is treated with clearness and con-
ciseness.
MEMBERS AND OFFICERS, ETC.
97
Mandamus to compel Corporations to proceed to
Elections.
The powers given to the Court of Queen's
Bench by the stat. 11 Geo. 1, c. 4, are, by the stat.
7 Will. 4 & 1 Vict. c. 78, s. 26, extended to all
cases in which no election shall be made of any
corporate officer on the day or within the time
appointed for any such election under the provi-
sions of the Municipal Corporation Act, or of the
7 Will. 4 & 1 Vict. c. 78; and the said Court of
Queen's Bench is empowered in all such cases to
award a mandamus requiring the corporation to
proceed to the election; and the elections under
such mandamus are to be conducted according to
the provisions of the said act of Geo. 1 (d).
Remedy for a Burgess improperly kept off the
Burgess Lists.
"It shall be lawful for any person whose claim
shall have been rejected or name expunged at the
revision of the burgess roll (e) of any of the said
boroughs to apply, before the end of the term then
next following, to the Court of King's Bench for
a mandamus to the mayor for the time being of
that borough to insert his name upon the burgess
roll, and thereupon for the court to inquire into
(d) This act of Geo. 1 is given in the Appendix to Arnold
on Corporations, and to Rawlinson's Municipal Corporation
Act.
(e) For roll read lists: see ante, pp. 15—18.
F
98
GENERAL PROVISIONS RELATING TO
the title of the applicant to be so enrolled; and if
the court shall award such mandamus, the mayor
shall be bound to insert the name upon the bur-
gess roll, and shall add thereunto the words-By
order of the Court of King's Bench,' and shall sub-
scribe his name to such words; and thereupon the
person whose name shall be so added to the bur-
gess roll shall be deemed a burgess, and entitled
to vote and act as a burgess in all respects as if
his name had been put upon the burgess roll by
the mayor and assessors; and upon every such
application, the court shall have power to make
such order with respect to the costs as to the court
shall seem fit (e).”
For the mode of proceeding in mandamus, and
for the numerous cases decided on the subject, re-
ference may be made to Arnold on Corporations,
p. 247, and to Rawlinson's Corporation Act, in
notis, and to the following cases recently deter-
mined; R. v. Mayor of Dover, 11 Ad. & Ell. N. S.
(Q.B.) 260; R. v. Mayor of Harwich, 1 Bail Court
Cas. 13; and Whalley v. Bramwell, 15 Ad. & Ell.
N. S. (Q.B.) 775. See also 6 & 7 Vict. c. 89, s. 5.
Proceedings against an Officer, &c., to try his
right to his Office-Quo Warranto.
A writ of quo warranto is described by Black-
stone (ƒ), as a writ in the nature of a writ of right
(e) 7 Will. 4 & 1 Vict. c. 78, s. 24.
(ƒ) Bl. Com. vol. 3, p. 262.
1
MEMBERS AND OFFICERS, ETC.
99
for the crown against any one who claims or usurps
any office, franchise, or liberty, to inquire by what
warrant or authority he supports his claim, in order
to determine the right.
By the stat. 9 Ann. c. 20(g), an information in
the nature of a Quo Warranto may be brought,
with leave of the court, at the relation of any per-
son desiring to prosecute the same, who is then
styled the relator, against any person usurping
into, intruding or unlawfully holding any franchise
or office in any borough corporate. It may be
brought by any inhabitant (h); but when the ap-
plication is made on behalf of individuals, and not
by the corporation, or the mayor as their represen-
tative, it is discretionary with the court to grant or
refuse the rule, taking all the circumstances of the
case into consideration (i).
Time within which Quo Warranto must be brought.
In general, the information must be exhibited
within six years after the admission of the party to
the office (j); but with respect to the mayor, alder-
men, councillors and burgesses, a much shorter time
is limited, it being enacted, that "every application
(g) See the Appendices to Rawlinson and Arnold.
(h) R. v. Hodge, 2 B. & A. 344; R. v. Parry, 6 A.
E. 848; R. v. Quayle, 11 A. & E. 508.
(i) R. v. Stacey, 1 T. R. 3; and see the various authori-
ties cited and commented on in Rawlinson, p. 328 et seq.
(j) 32 G. 3, c. 58.
F 2
100
GENERAL PROVISIONS RELATING TO
to the Court of King's Bench, for the purpose of
calling upon any person to show by what warrant
he claims to exercise the office of mayor, alderman,
councillor, or burgess in any borough shall be made
before the end of twelve calendar months after the
election or the time when the person against whom
such application shall be directed shall have become
disqualified, and not at any subsequent time (k).”
And by 6 & 7 Vict. c. 89, s. 1, it is further enacted,
that every election theretofore made or thereafter
to be made to the office of mayor, alderman, coun-
cillor or any other corporate officer (1), which shall
not be or have been called in question by appli-
cation to the Court of Queen's Bench within twelve
calendar months from such election, shall be deemed
to have been to all intents and purposes a good and
valid election.
And even though the application be made within
the limited period, the court will refuse the rule,
where there has been unreasonable delay in making
the application (m).
For the mode of proceeding in quo warranto,
and for the numerous cases on the subject gene-
rally, reference may be made to the chapter on
"Quo Warranto" in Arnold on Corporations, and
to Rawlinson's Municipal Corporation Act, in notis,
(k) 7 Will. 4 & 1 Vict. c. 78, s. 23. See also 6 & 7 Vict.
c. 89, s. 1.
(1) As to the meaning of these words see R. v. Milner, 5
Q. B. 589; Dav. & M. 495; and R. v. Grimshaw, 5 Dowl.
& L. 249.
(m) R. v. Hodson, 4 Q. B. 648.
MEMBERS AND OFFICERS, ETC.
101
and to the following recent cases; R. v. Edye,
12 Ad. & Ell. N. S. (Q. B.) 937; R. v. Dixon,
15 Ad. & Ell. N. S. (Q. B.) 33; R. v. Sidney,
2 L. M. & P. (P. C.) 149; R. v. May, Ib. 144;
Reg. v. Coaks, 18 Jur. 378. See also 6 & 7 Vict.
c. 89, s. 5.
X. DEFECT IN THE TITLE OF OFFICERS NOT TO
INVALIDATE THEIR ACTS.
"All acts and proceedings of any person in
possession of the office of mayor, alderman, coun-
cillor, auditor, or assessor, and acting as a mayor,
alderman, councillor, auditor, or assessor, shall,
notwithstanding such disqualification or want of
qualification (n), be as valid and effectual as if such
person had been duly qualified (o)."
"No election of any person into any corporate
office which shall take place after the passing of
this act shall be liable to be questioned by reason
of any defect in the title or want of title of the
person before whom such election may have been
had, provided that the person before whom such
election shall be had shall be then in the actual
possession of or acting in the office giving the
right to preside at such election (p).”
"No burgess roll shall be liable to be questioned
(n) As to qualifications and disqualifications see the titles.
of the several offices euumerated in Part I., and also pp. 83,
84, and 88.
(0) 5 & 6 Will. 4, c. 76, s. 53.
(p) 7 Will. 4 & 1 Vict. c. 78, s. 1.
102
GENERAL PROVISIONS RELATING TO
by reason of any defect of title or want of title of
the mayor or assessors by whom the same shall
have been revised, or any or either of them, pro-
vided that he or they shall have been in the actual
possession and exercise of the office of mayor or
assessor, as the case may be (q).”
XI. PROTECTION (AGAINST ACTIONS, ETC.,) of
PERSONS ACTING IN EXECUTION OF THE MUNI-
CIPAL CORPORATION Аст.
"For the protection of persons acting in the
execution of this act, be it enacted, that all
actions (r) and prosecutions to be commenced
against any person for any thing done in pursu-
ance of this act (s) shall be laid and tried in
the county where the fact was committed, and
shall be commenced within six calendar months
after the fact committed, and not otherwise; and
notice in writing of such action, and of the cause
thereof, shall be given to the defendant one calen-
dar month at least before the commencement of
the action; and in any such action the defendant
(q) 7 Will. 4 & 1 Vict. c. 78, s. 5.
(r) Jones v. Johnson, 2 L. M. & P. (P. C.) 177; 6 Wels.
H. & G. (Ex.) 133.
(s) For anything done in pursuance of this act. The
protection granted by this section does not extend to persons
omitting or neglecting to do something required by the act,
as in the case of the overseers neglecting to sign the burgess
lists: see ante, pp. 86, 87, and cases there cited.
MEMBERS AND OFFICERS, etc.
103
may plead the general issue, and give this act
and the special matter in evidence at any trial to
be had thereupon; and no plaintiff shall recover
in any such action if tender of sufficient amends
shall have been made before such action brought,
or if a sufficient sum of money shall have been paid.
into court after such action brought by or on be-
half of the defendant; and if a verdict shall pass
for the defendant, or the plaintiff shall become non-
suit, or discontinue any such action after issue joined,
or if upon demurrer or otherwise judgment shall
be given against the plaintiff, the defendant shall
recover his full costs as between attorney and
client, and have the like remedy for the same as
any defendant hath by law in other cases" (t).
For the provisions for the protection of persons
punishable on summary conviction, see sects. 127
& 132, post, pp. 160, 161.
(t) Sect. 133.-See the notes on this section in Rawlin-
son, p. 221, and cases there cited. And see Mellor v. Lea-
ther, 1 El. & Bl. 619; 17 Jur. 709; 22 Law J., M. C., 77.
.
( 104 )
PART II.
THE CORPORATE BODY AND THE GO-
VERNMENT AND INTERNAL ECONOMY
OF THE BOROUGH.
NAME AND SEAL.
The
EVERY municipal corporation must have a name,
by which it must perform its corporate acts, and
be described in all legal proceedings (a).
proper name of an incorporated borough under
the provisions of the Municipal Corporation Act is
"The Mayor, Aldermen, and Burgesses" of the
borough (b).
Every corporation must have a common seal,
the annexation of which is necessary to express
the assent of the corporate body to any act or
thing (c), such as the making of any contract (d), or
the appointment of an attorney (e), or of any of
the officers of the corporation (ƒ).
(a) 10 Coke, 28, 29; 1 Rol. Rep. 512; Glover on Muni-
cipal Corporations, 52–64.
(b) Sect. 6.
(c) Dav. Rep. 44, 48; Sutton's Hospital case, 10 Rep.
30; Bro. Abr. Corporation, 63 Y. B. 21 E. 4, 13.
(d) Fishmongers' Company v. Robertson, 5 M. & G. 131.
(e) Arnold v. Mayor of Poole, 4 M. & G. 860.
(f) Y. B. 4 H. 7. 6, 13, 17; 7 H. 7. 9.
THE GOVERNING BODY-THE COUNCIL. 105
GOVERNING BODY-THE COUNCIL.
The corporate body acts by "The Council”(g).
Of whom it consists.
The council is composed of the mayor, alder-
men, and councillors (h).
Notice of Meetings.
Three clear days' notice of every meeting held
by virtue of the Municipal Corporation Act, signed
by the mayor, is to be fixed on or near the door of
the town hall (i).
In case of the mayor's refusal to call a special
meeting, the notice is to be signed by the members
of the council calling it. (See title "Special Meet-
ings," post, p. 107.)
"If it shall be necessary by reason of the death,
resignation, or lawful removal of the mayor to
convene a meeting of the council to supply the
vacancy, the notice for such meeting shall be
signed by the town clerk (k).”
(g) Sect. 6.
(i) Sect. 69, stated post, p. 109.
(k) 16 & 17 Vict. c. 79, s. 9.
F 5
(h) Sect. 25.
106
THE GOVERNING BODY.
Quarterly Meetings.
Quarterly meetings, for the transaction of gene-
ral business, are to be held one at noon on the
9th of November, (or, if that be a Sunday, on the
Monday following), and the other three at such
hour and on such days as the council at the quar-
terly meeting in November shall decide. No notice
need be given of the business to be transacted on
such quarterly days(l).
The Quarterly Meeting on the 9th of November.
The first business transacted at this meeting must
be the election of the mayor (m). Immediately
after this, the appointment of the sheriff (if any (n))
is to be made. Then will follow the election of
aldermen (o).
At this meeting the business of the elections
should have precedence of all other matters (p).
(7) Sect. 69, stated post, p. 109.
(m) Sect. 10, post, p. 109. As to the election of the mayor,
see ante, p. 21.
(n) 6 & 7 Will. 4, c. 105, s. 5. As to the sheriff see ante,
p. 71.
(0) As to the aldermen, see ante, p. 25.
(p) R. v. Parkyns, 3 B. & Ald. 668.
THE COUNCIL.
107
Special Meetings-Summonses to Members-Notice
of Business to be transacted.
The mayor may call a meeting of the council as
often as he shall think proper.
In case of the re-
fusal of the mayor to call a meeting, after having
received a requisition for that purpose signed by
five members of the council, the said five members
may call a meeting by giving due notice of meet-
ing (q), signed by them instead of by the mayor,
and stating therein the business to be transacted (r).
In every case of a special meeting a summons to
attend, specifying the business to be transacted,
signed by the town clerk, is to be left at the place
of abode of every member of the council, or at the
premises in respect of which he is enrolled as a
burgess, three clear days at least before the meet-
ing. And no business shall be transacted at such
meeting other than is so specified (s).
Adjourned Meetings.
Every corporate meeting has an incidental power
of adjournment. No new business can be trans-
acted at any adjourned meeting (t). Where the
meeting is an adjourned quarterly meeting, notice
is necessary as to any business which was not
(q) Ante, p. 105.
(r) Sect. 69, post, p. 109.
(s) Sect. 69, post, p. 109.
(t) See Rawl. Municip. Corp. Act, p. 125, n. (1).
108
THE GOVERNING BODY.
actually entered upon at the general quarterly
meeting, but not otherwise (u).
Proceedings at Meetings.
All acts are to be done and questions decided
by the majority of members present, the whole
number present not being less than one third of
the number of the whole council. The mayor,-
or in his absence such alderman, or in the absence
of all the aldermen, such councillor, as the members
present shall choose,-shall preside as chairman,
and, in case of equality of votes shall have a
second or casting vote. No business is to be
transacted other than that specified in the notice
of business (x).
"It shall not be lawful for any member of the
council of any borough to vote or to take part in
the discussion of any matter before the council in
which such member shall, directly or indirectly, by
himself or his partner or partners, have any pecu-
niary interest (y)."
Minutes of Proceedings.
Minutes of the proceedings are to be drawn
up, and fairly entered at the meeting (z), into a book
(u) R. v. Grimshaw, 10 Q. B. 774.
(x) Ante, p. 107; sect. 69, stated post, p. 109.
(y) 5 & 6 Vict. c. 104, sect. 2.
(z) R. v. Mayor of Evesham, 8 A. & E. 266; 3 N. &
THE COUNCIL.
109
་
to be kept for that purpose, and signed at that
time (z), by the chairman of the meeting. Any
burgess may inspect the minutes at reasonable
times, on payment of a shilling (a), and may make
copies of such minutes and of any order of the
council for the payment of money (b). As to the
preservation of the borough records, see p. 57.
Sect. 69." All acts whatsoever authorized or re-
quired by virtue of this act to be done by the council
of such borough, and all questions of adjournment or
others that may come before such council, may be done
and decided by the majority of the members of the
council who shall be present at any meeting held in
pursuance of this act, the whole number present at such
meeting not being less than one-third part of the num-
ber of the whole council; and at all such meetings the
mayor, if present, shall preside; and the mayor, or, in
the absence of the mayor, such alderman, or, in the ab-
sence of all the aldermen, such councillor as the mem-
bers of the council then assembled shall choose to be
the chairman of that meeting, shall have a second or
casting vote in all cases of equality of votes; and
minutes of the proceedings of all such meetings shall
be drawn up and fairly entered into a book to be kept
for that purpose, and shall be signed by the mayor,
alderman, or councillor presiding at such meeting; and
the said minutes shall be open to the inspection of any
burgess at all reasonable times, on payment of a fee of
one shilling provided always, that previous to any
meeting of the council held by virtue of this act a
P. 351; Southampton Dock Company v. Richards, 1 Man.
& G. 448; Miles v. Bough, 3 G. & D. 119; 3 Q. B.
845.
(a) Sect. 69, stated below.
(b) 7 Will. 4 & 1 Vict. c. 78, s. 22, post, p. 110.
110
THE GOVERNING BODY.
notice of the time and place of such intended meeting
shall be given three clear days at least before such
meeting, by fixing the said notice on or near the door
of the town hall of the borough; and such notice shall
be signed by the mayor, who shall have power to call a
meeting of the council as often as he shall think proper ;
and in case the mayor shall refuse to call any such
meeting after a requisition for that purpose signed by
five members of the council at the least shall have
been presented to him, it shall be lawful for the said five
members to call a meeting of the council by giving
such notice as is herein before required in that behalf,
such notice to be signed by the said members instead of
the mayor, and stating therein the business proposed to
be transacted at such meeting; and in every case a
summons to attend the council, specifying the business.
proposed to be transacted at such meeting, signed by
the town clerk, shall be left at the usual place of abode
of every member of the council or at the premises in
respect of which he is enrolled a burgess, three clear
days at least before such meeting; and no business
shall be transacted at such meeting other than is speci-
fied in the notice: provided always, that there shall be
in every borough four quarterly meetings in every
year at which the council shall meet for the transac-
tion of general business, and no notice shall need to be
given of the business to be transacted on such quarterly
days; and the said quarterly meetings shall be holden
at noon on the ninth day of November, or if the ninth
day of November shall fall on a Sunday on the day fol-
lowing, and at such hour on such other three days before
the first day of November then next following as the
council at the quarterly meeting in November shall de-
cide; and the first business transacted at the quarterly
meeting in November shall be the election of mayor.”
Stat. 7 Will. 4 & 1 Vict. c. 78 (passed 17th July,
1837), s. 22, enacts, "that from and after the commence-
THE COUNCIL.
111
ment of this act any burgess of any borough shall be
at liberty, at all seasonable times, to make any copy of
or take any extract from the book required by the
said act [the Municipal Corporation Act] to be kept for
the purpose of entering the minutes of council, and also
to make any copy or take any extract from any order
in council of such borough for the payment of any
money; and it shall also be lawful for any alderman or
councillor of any borough, at all seasonable times, to
make any copy of or take any extract from the book
required by the said act to be kept by the treasurer of
such borough (b)."
Power to appoint Committees.
"It shall be lawful for the council of any bo-
rough to appoint out of their own body, from time
to time, such and so many committees, either of a
general or special nature, and consisting of such
number of persons as they may think fit, for any
purposes which, in the discretion of such council,
would be better regulated and managed by means
of such committees: provided always, that the acts
of every such committee shall be submitted to the
council for their approval (c).”
Power to make Bye-Laws.
"It shall be lawful for the council of any bo-
rough to make such bye-laws as to them shall
(b) As to this book, see pp. 149, 150.
(c) Sect. 70.
112
THE GOVERNING BODY.
seem meet for the good rule and government of
the borough, and for prevention and suppression
of all such nuisances as are not already punishable
in a summary manner by virtue of any act in force
throughout such borough, and to appoint by such
bye-laws such fines as they shall deem necessary
for the prevention and suppression of such offences;
provided that no fine so to be appointed shall ex-
ceed the sum of five pounds, and that no such bye-
law shall be made unless at least two-thirds of the
whole number of the council shall be present;
provided that no such bye-law shall be of any force
until the expiration of forty days after the same
or a copy thereof shall have been sent, sealed with
the seal of the said borough, to one of his majesty's
principal secretaries of state, and shall have been
affixed on the outer door of the town hall or in
some other public place within such borough; and
if at any time within the said period of forty days
his majesty, with the advice of his privy council,
shall disallow the same bye-law or any part there-
of, such bye-law or the part thereof disallowed
shall not come into operation: provided also, that
it shall be lawful for his majesty, if he shall think
fit, at any time within the said period of forty days,
to enlarge the time within which such bye-law, if
disallowed, shall not come into force; and no such
bye-law shall in that case come into force until
after the expiration of such enlarged time (d)."
(d) Sect. 90.
THE COUNCIL.
113
"All the provisions hereinafter contained (e) rela-
tive to offences against this act punishable upon
summary conviction shall be taken to apply to all
offences committed in breach of any bye-law or
regulation made by virtue of this act (ƒ).”
It should be added, that a bye-law, which is un-
reasonable, inconsistent with any statute, or with
the general principles of the law of the land, or
contrary to the provisions of the charter under
which the persons making it act, is invalid (g).
Powers and Duties in general.
These it is impossible to enumerate here. It
will be sufficient to say, that, as the governing body
of the corporation, they possess most of the powers
given by acts of parliament, in reference to the
subjects mentioned under the various heads into
which this division of the book (Part II.) is dis-
tributed, and to which heads the attention of the
reader is now directed.
(e) See sects. 127-132, post, pp. 160, 161, and sect. 133,
ante, p. 102.
(f) Sect. 91.
(g) See further on the subject of bye-laws, Rawlinson's
Municipal Corporation Act, p. 149, n. (1).
114
PRISONS.
PRISONS.
Every Borough having a separate Court of Quarter
Sessions must have Prisons, or contract for the
Use of one.
In every borough to which a separate court of
sessions of the peace has been, or shall hereafter be
granted, there shall be one common gaol, and at
least one house of correction, excepting those bo-
roughs in which the mayor, aldermen and burgesses,
by their council, shall have contracted for the sup-
port and maintenance of borough offenders in
some county, or borough, gaol or house of correc-
tion, or in some district prison (g). The provisions
with respect to such contracts are as follow.
1. Contracts for the Use of the County Gaol.
The council of every borough (whether such
borough is already provided with a gaol or house
of correction of its own or not (h)) may make a
contract, either perpetual or limited to a certain
term of years, according to mutual agreement, with
the justices having jurisdiction over any gaol or
house of correction belonging to any county, riding
or division, for the support and maintenance of
prisoners committed to such gaol from the bo-
(g) 5 & 6 Vict. c. 98, s. 15.
(h) Ibid.
PRISONS.
115
rough (i), or arrested in the borough for debt or
contempt (j). For the purpose of making the above
contracts, the borough council have within their
borough all the powers (except in hearing and de-
termining appeals against convictions) which county
justices have under the 5 Geo. 4, c. 85; such powers
to be exercised at special meetings of the council (k).
For these powers, and generally for the mode of
carrying such contracts into effect, see the sta-
tute 5 Geo. 4, c. 85.
Persons committed under these contracts from
boroughs to county gaols, may be tried at the bo-
rough quarter sessions (7).
2. Contracts for the Use of the Gaol of another
Borough.
In every case in which it shall have been made
to appear to 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 council of any other borough shall have the
same powers of contracting with any person having
the government or ordering of such borough gaol or
house of correction, as they have with justices hav-
(i) 5 Geo. 4, c. 85, s. 1, and 5 & 6 Will. 4, c. 76, s. 114.
(j) 7 Will. 4 & 1 Vict. c. 78, s. 42.
(k) Sect. 116, and 5 & 6 Vict. c. 53, s. 2, and 5 & 6 Vict.
c. 98, s. 17.
(7) 5 Geo. 4, c. 85, s. 1, and 6 & 7 Will. 4, c. 105, s. 2.
See also 2 & 3 Vict. c. 56, s. 1.
116
PRISONS.
ing authority or jurisdiction over county gaols and
houses of correction (as to which see above, p. 114);
and prisoners committed under such contracts to a
borough gaol may be tried in the borough to which
such gaol belongs, if it have received a grant of a
separate court of quarter sessions (m).
3. Contracts for the Use of a District Prison.
District prisons are established under the statute.
5 & 6 Vict. c. 53, which contains a number of pro-
visions enabling justices on behalf of counties, and
councils on behalf of boroughs, to combine for the
purpose of erecting and maintaining and paying
for the cost of prisoners confined in one prison for
the district in union, instead of each county or
borough having to provide a separate prison (n).
Each party is to name a committee of justices (0),
who are to meet and form one joint committee,
who are to draw up an agreement (p), specifying
the particulars required by the act (q). The agree-
ment is then to be referred to the several contract-
ing parties, and when approved of by them (r), and
confirmed by the Queen in council (s), is to be car-
ried into execution by the joint committee, who
are to appoint a chairman and clerk (t), and are
(m) Sect. 115.
(n) 5 & 6 Vict. c. 53, ss. 1, 3.
(0) Sects. 4 and 5.
(9) Sects. 7 and 8.
(s) Sect. 10.
(p) Sect. 6.
(r) Sect. 9.
(t) Sect. 11.
PRISONS.
117
empowered to purchase land for the purposes of
the act (u), and, having submitted estimates of ex-
pense for approval to the several contracting par-
ties, and to the secretary of state, to contract for the
performance of the necessary works (x). Provision
is made for the audit of accounts (y) and the ap-
pointment of the necessary officers (z). The com-
pletion of the prison is to be certified to the secre-
tary of state, who may then authorize it to be used
as a prison (a). With respect to the future regu-
lation of the prison, the committee are directed to
hold gaol sessions, at which they may exercise all
the powers which justices at sessions have over
county gaols (b), and they are required to appoint,
at least once a quarter, visiting justices, who are to
report to the joint committee (c), and a treasurer (d).
Accounts are to be kept and audited (e), and the
committee may make the necessary orders on
the several contracting parties for the payment of
their proportions of the expenses (ƒ). The several
contracting parties may appoint committees of in-
spection (g). Returns are to be made to the secre-
tary of state, as in the case of county gaols (h).
On the expiration of the time limited in the agree-
(u) Sect. 12.
(y) Sect. 14.
(a) Sect. 16.
(c) Sect. 22.
(e) Sect. 24.
(g) Sect. 26.
(x) Sect. 13.
(z) Sect. 15.
(b) Sects. 17, 18, 19, 20, 21.
(d) Sect. 23.
(f) Sect. 25.
(h) Sects. 27, 28, 29.
1
1
118
PRISONS.
ment, the agreement may be revised and renewed (i),
disputes being referred to arbitration (k). The joint
committee is to go out of office annually on the
9th of November, but any of its members may be
re-elected (1). The councils of boroughs, contracting
towards a district prison, may sell old borough
prisons as provided by 7 Geo. 4, c. 18 (m). One
court is to be held for the united district, of which
court the recorder of any borough included in the
district is to be the judge(n); but if several boroughs,
having separate courts of quarter sessions, are in-
cluded, sub-districts are to be made for holding the
several courts of quarter sessions under their re-
spective recorders (o). The act contains various
provisions with respect to the summoning, &c., of
jurors (p), the payment of court expenses (q), and
the jurisdiction of the court (r).
Such being a summary of the provisions for the
formation and regulation of district prisons, it re-
mains to be added that the council of any borough
not a party to the agreement under which the dis-
trict prison is established have the same power of
contracting for the conveyance, support and main-
tenance of the borough offenders with the com-
mittee of a district prison, for the use of such dis-
trict prison as they have for the like purpose, with
the justices of any county for the use of a county
(i) Sect. 31.
(1) Sect. 34.
(k) Sect. 32.
(m) Sect. 35.
(n) Sect. 36.
(0) Sect. 41.
(p) Sects. 37, 38, 39, 40.
(r) Sect. 43.
(1) Sect. 42.
4
PRISONS.
119
gaol(s), or with the mayor, aldermen and burgesses
of any borough, or their council, for the use of a
borough gaol(t).
Power of Council to contract with County Jus-
tices for the use of the Borough Gaol.
The justices of any county, riding, parts or di-
vision of a county, shall have the same powers of
contracting with the council of any borough, in
which it shall have been made to appear to the
satisfaction of the secretary of state that there is a
gaol or house of correction fit for the confinement
of prisoners, for the conveyance to and support and
maintenance in such gaol or house of correction of
prisoners committed thereto by any justice of such
county, ridings, parts or division of a county,
which the council of any other borough have with
respect to prisoners committed to such gaol or house
of correction from such last-mentioned borough (u).
The provisions of the 5 Geo. 4, c. 85, are extended
to all such contracts; and it is declared that pri-
soners so committed may be tried and sentenced at
the quarter sessions of the borough to which the
gaol belongs, if such borough have received a grant
of a separate court of quarter sessions (x).
(s) As to contracts for the use of county gaols see ante,
p. 114.
(t) 5 & 6 Vict. c. 98, s. 14. As to contracts for the use
of borough gaols, see ante, p. 115.
(u) As to these powers see ante, p. 115.
(x) 6 & 7 Will. 4, c. 105, s. 1.
120
PRISONS.
Regulation of Borough Prisons.
All the powers of regulation which before the
passing of the Municipal Corporation Act (y) were
possessed by the justices having the government or
ordering of any gaol or house of correction, and
all things by any act of parliament provided to be
done at any general or quarter sessions of the
peace, in relation to the regulating of any such gaol
or house of correction, shall, subject to any altera-
tions made by the 5 & 6 Will. 4, c. 38, be exer-
cised or done by the justices of the borough to
which such gaol or house of correction shall belong;
and for that purpose the justices shall hold a quar-
terly session at the usual times of holding quarterly
sessions of the peace: provided, that no order made
by the justices in pursuance of these powers, which
shall require the expenditure or payment of any
money, shall be of force until confirmed by the
council of the borough (≈).
Under this clause it appears that the borough
justices have the appointment of the surgeon, gaoler
and other officers of the gaol (a).
(y) See 4 Geo. 4, c. 64; 5 Geo. 4, c. 85; and 5 & 6
Will. 4, c. 38.
(z) 7 Will. 4 & 1 Vict. c. 78, s. 38. See also 5 & 6 Will.
4, c. 76, s. 116, and 7 Will. 4 & 1 Vict. c. 78, s. 37; and see
the recent case of Reg. v. Mayor of York, 1 El. & Bl. 588;
17 Jur. 667; 22 L. J., M. C., 73.
(a) Hammond v. Peacock, 1 Exch. 41; R. v. Lancaster,
16 L. J., Q. B., 414.
PRISONS AND PRISONERS.
121
With respect to the power of building and re-
pairing prisons, see post, pp. 129–132; and as to
contributions from boroughs to the expenses of
county prisons, see post, pp. 152—156.
LUNATIC ASYLUMS.
Certain Boroughs to provide or contract for the
Use of Lunatic Asylums.
The justices of every borough having a quarter
sessions, recorder and clerk of the peace (b), and
having, at the passing of the act 8 & 9 Vict. c.
126(c) six justices or more besides the recorder,
--such borough not already having an asylum for
pauper lunatics,-are required by "The Lunatic
Asylums Act, 1853" (which repeals the 8 & 9 Vict.
c. 126, 9 & 10 Vict. c. 84, and 10 & 11 Vict. c. 43),
to provide one (d), or contract for the use of
one (e). They may provide one, either by erecting
or providing an asylum for their own lunatics only,
or by contracting with the justices of any other
counties, boroughs, or hospitals for the reception of
(b) 16 & 17 Vict. c. 97, s. 132.
(c) Passed 8th August, 1845.
(d) 16 & 17 Vict. c. 97, s. 2.
(e) Sect. 7.
G
122
LUNATIC ASYLUMS.
lunatics, or with the committee of visitors of any
existing asylum, or with any or all of these jointly,
for erecting or providing a joint lunatic asylum for
the lunatics belonging to all the contracting par-
ties. For these purposes, and for carrying the
contracts into effect, each of the contracting parties
is to appoint a committee of its own body (f), to
whom various powers are given for carrying the
act into effect.
Instead of providing an asylum as above, they
may contract for the use of any such asylum al-
ready existing or to be erected, for a sun in gross,
or for an annual or periodical payment, in which
case they are to appoint annually a committee of
visitors, who are to visit and report to a special
meeting of the borough justices (g).
Every such borough as aforesaid which shall
neglect to provide, or contract for the use of, an
asylum, is to be annexed to the adjoining county
(as mentioned under the next head).
Boroughs already contributing to a county lu-
natic asylum are to be considered as having an
asylum; but they are empowered to separate from
the county, and shall from the time of such sepa-
ration be no longer liable to contribute towards
the county lunatic asylum (h).
Every such borough already having an asylum,
but the accommodation of which is inadequate, is
to enlarge it, or provide a new one (i).
(f) Sects. 3, 4, 5, 6.
(h) Sect. 8.
(g) Sect. 7.
(i) Sect. 30.
LUNATIC ASYLUMS.
123
Certain Boroughs to be annexed to Counties for the
purposes of the Act.
Every borough, city, town, liberty, parish, place
or district other than those comprised under the
last head, as well as every borough comprised
under the last head which shall neglect to provide
or contract for the use of an asylum as above (k),
is to be annexed, for the purposes of the act, to the
adjoining county, and if it do not already contri-
bute to the lunatic asylum, it is to contribute
thereto according to the comparative population
(according to the last census) of such borough,
&c. (1), and the county to which it is so annexed;
such contribution in the case of boroughs to be
raised by the council by a borough rate, or out of
the borough fund, and paid by the borough trea-
surer to the treasurer of the asylum (m).
In case of a borough being thus annexed to a
county, two borough justices are to be appointed
by the recorder members of the committee of the
county asylum (n).
Expenses of carrying the Act into effect-Power
to borrow Money.
These may be defrayed out of the borough
fund, or out of a general borough rate to be made
(k) Sect. 10.
(m) Sect. 9.
(1) Sects. 9 and 131.
(n) Sect. 9.
G 2
124
LUNATIC ASYLUMS.
and levied for the purpose (o).
And the councils
of boroughs are authorized to raise money for the
purposes of the act, by mortgaging any of or all
the borough rates and funds (p), or by receiving
loans from the "Public Works Loan Commission-
ers," acting under the 14 & 15 Vict. c. 23(q).
The money borrowed is to be paid off within
thirty years (r).
Councils of Boroughs may take upon themselves the
Powers and Duties imposed by the Act on the
Borough Justices.
The council of every such borough as is de-
scribed under the first head (s), is empowered, within
six months after the passing of the act(t), to take
upon itself the powers and duties given to and im-
posed on the borough justices by the act(u).
(0) Sect. 46.
(g) Sects. 48, 52.
(s) Ante, p. 121.
(u) Sects. 129, 130.
(p) Sects. 47, 51, 52.
(r) Sect. 50.
(t) Act passed 20th August, 1853.
PUBLIC LIBRARIES AND MUSEUMS. 125
PUBLIC LIBRARIES AND MUSEUMS.
These may be established under the "Public
Libraries' Act, 1850" (u), which (after repealing the
Museums Act, 8 & 9 Vict. c. 43), authorizes 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 ascertain whe-
ther the act shall be adopted, by giving ten days'
public notice, as required by the act (v), and then
holding a poll, at which all burgesses on the roll
may vote. If two-thirds of the votes given are in
favour of the adoption of the act, the act is to be
adopted (x).
If the act is rejected, its adoption is not to be
again proposed for two years(y).
If it is adopted, the council may purchase or
take on rent the necessary lands and buildings,
and erect and maintain the necessary buildings,
and may levy the necessary funds, either as part of
the borough rate, or by a separate rate; but the
whole amount of the rate levied for the purposes
of the act is not to exceed in any one year one
halfpenny in the pound on the annual value of the
property in the borough rateable to the borough
rate (~).
(u) 13 & 14 Vict. c. 65.
(x) Sects. 1, 2, 3.
(v) Sect. 1.
(y) Sect. 8.
(≈) Sect. 3.
126
PUBLIC LIBRARIES AND MUSEUMS.
The council, and such committees as it may ap-
point for the purpose, are authorized to make rules
and regulations for the safety and use of the library
and museum, and to appoint officers and servants
at salaries (a). The admission to such libraries
and museums is to be free of charge (b).
The council may, with the approbation of the
Treasury, borrow money for the purposes of the
act, on the security of the yearly amount of rate
authorized by the act (c).
PUBLIC BATHS AND WASHHOUSES.
These are established under the 9 & 10 Vict. c.
74, which act may be adopted by the council of
any borough (d). If adopted, it is thenceforth to
take effect in the borough; and the expenses of
carrying it into execution are charged on the bo-
rough fund, and may be levied either by a separate
rate, or as part of the borough rate, as if it were
a sum "incurred in carrying into effect the provi-
sions of the 5 & 6 Will. 4, c. 76 (e);" but separate
accounts are to be kept(ƒ).
Various powers are given to the council for
(a) Sect. 4.
(c) Sect. 5.
(e) Post, p. 143.
(b) Sect. 7.
(d) 9 & 10 Vict. c. 74, s. 3.
(f) Sect. 4.
PUBLIC BATHS AND WASHHOUSES.
127
carrying the act into execution, and, among others,
powers to make bye-laws for the regulation of the
use of, and the charges at, the baths and wash-
houses (g), and a power to borrow the money re-
quired for the purposes of the act, either by mort-
gage of the borough fund (with the approval of the
Treasury) (h), or by loan from the "Public Works
Loan Commissioners (i)."
APPLICATION OF THE PUBLIC HEALTH
ACT.
(11 & 12 VICT. c. 63.)
Upon the petition of not less than one-tenth of
the rated inhabitants of any place having a known
boundary, the General Board of Health established
under the act may, after sending down their in-
spector to make inquiries, report to her Majesty,
who may, by order in council, direct the act to be
put in force; but in the case of certain boroughs
and places described in the act(j), the order is to
have no force until sanctioned by parliament (k).
No corporate borough is to be united with any
(g) Sects. 33-37.
(i) Sect. 22.
(h) Sects. 21, 23.
() Viz. places within which there is any local act in
force for paving, lighting, &c.
(k) 11 & 12 Vict. c. 63, ss. 8, 9, 10.
128
PUBLIC HEALTH ACTS.
other place into any district for the purposes of the
act (except for the purposes of main sewerage),
without the consent of the town council (1).
In districts exclusively consisting of the whole
or part of a corporate borough, the council of the
borough are to constitute the Local Board of Health;
in other districts, the mayor and a portion of the
councillors are to be members of the Local Board
of Health, to be formed for the united district (m).
REMOVAL OF NUISANCES.
By "The Nuisances Removal and Diseases Pre-
vention Act, 1848 (n)," (which, however, is not to
apply to any place in which the Public Health Act
is in force, unless the General Board of Health
shall otherwise direct,) the council of the borough
may-upon receipt of a notice, according to the form
furnished by the act, signed by two inhabitant
householders, of the existence in any house, &c. of
any nuisance dangerous to health-examine the pre-
mises; and if upon such examination, or upon
the
(7) 11 & 12 Vict. c. 63, s. 10.
(m) Ibid. s. 12. See also sects. 33, 121 & 122 of the
above act; 12 & 13 Vict. c. 94, s. 10; and 13 & 14 Vict.
c. 32, s. 6.
(n) 11 & 12 Vict. c. 123, amended by 12 & 13 Vict. c. 111.
REMOVAL OF NUISANCES.
129
certificate of two medical practitioners, the nuisance
should appear to exist, the council may make com-
plaint to a justice, who may summon the owner or
occupier to appear, and may order the nuisance to
be removed within two days: if the order is not
obeyed, the council may cause the nuisance to be
removed, and recover the costs of the removal
against the owner or occupier, who is besides liable
to a penalty of ten shillings for every day during
which the nuisance exists after the period named
in the justice's order for its removal.
BUILDING, REPAIRING, &c. OF PUBLIC
BUILDINGS.
Building, enlarging, altering and repairing of
Gaols and Houses of Correction.
The council of every borough are to have all the
powers of building, enlarging and repairing any
gaol or house of correction belonging to their bo-
rough, which justices having the government or
ordering of any borough gaol had in general or quar-
ter sessions under the 4 Geo. 4, c. 64, and the 5
Geo. 4, c. 85 (subject to the alterations made in those
acts by the 5 & 6 Will. 4, c. 38), such powers to
be exercised at special meetings of the council (o);
(0) 7 Will. 4 & 1 Vict. c. 78, s. 37; and 5 & 6 Vict. c. 53,
s. 2, and c. 98, s. 17.
G 5
130
BUILDING, REPAIRING, ETC.
provided that before the building, enlarging or
repairing any such gaol or house of correction, the
expediency thereof shall first be certified under the
hand of the recorder (p).
Previously to enlarging, building or rebuilding
any prison, plans must be sent for approval to the
secretary of state (g).
Building of Town Hall, Council House, Police
Office, Gaol and House of Correction.
The council of any borough may purchase any
lands not exceeding in the whole five acres, either
within or beyond the limits of the borough, and
build thereon a town hall, council house, police
office, gaol or house of correction, for the bo-
rough (r).
By a later act it is declared, that, for the purpose
of providing a prison, they may purchase so much
land as the secretary of state shall deem to be
necessary for the purposes of the prison (s).
All persons, whatever their legal disabilities, are
empowered to sell any houses and lands to the
mayor, aldermen and burgesses of the borough, in
trust, and for the purpose of converting the same
(p) 7 Will. 4 & 1 Vict. c. 78, s. 37.
(q) 2 & 3 Vict. c. 56, ss. 12, 13.
(r) 7 Will. 4 & 1 Vict. c. 78, s. 40. See also 5 & 6 Vict.
c. 98, ss. 1, 2, &c.
(s) 5 & 6 Vict. c. 98, s. 13.
OF PUBLIC BUILDINGS.
131
into or for erecting new prisons, court houses, or
other necessary buildings to be used with such
prisons, or of enlarging old ones, and of providing
the yards, courts and outlets thereunto belonging;
and the provisions of the 4 Geo. 4, c. 64, with some
amendments, are extended to all contracts necessary
for carrying these purposes into effect (t).
Power to borrow Money, for Building, &c.
Prisons, &c.
In every borough having a separate court of ses-
sions of the peace, the council may "borrow any
sum of money not exceeding the amount of the
estimate or estimates approved by the council for
building or rebuilding, repairing or enlarging the
prison, court-house, and other necessary buildings
to be used with the prison for such borough ac-
cording to any plan approved by the secretary of
state, and for the purchase of land for the purposes
any such prison, court-house, and other necessary
buildings as aforesaid, or for repaying any monies
which may have been borrowed for any of the said
purposes before the passing of this act : Provided
always that the whole of the sum borrowed under
this act, and the interest accruing due from time to
time, shall be repaid within thirty years from the
time of borrowing the same (u)."
(t) 5 & 6 Vict. c. 98, ss. 8, 9; see also ss. 1 & 2.
(u) 5 & 6 Vict. c. 98, s. 3.
132
BUILDING, REPAIRING, ETC.
The Exchequer Loan Commissioners are em-
powered to advance money to the council for
building, rebuilding, enlarging, improving, repair-
ing or fitting up any borough prison; such ad-
vances with interest to be fully paid off within
twenty years (x).
To secure the repayment of any money borrowed
for the above purposes, the council may mortgage,
with the consent of three commissioners of the
treasury, the borough lands, or the borough rates
or gaol rates; such mortgages to be paid off within
thirty years, and to be in the form provided in the
schedule annexed to the act (y). The act contains
provisions for the making and levying of gaol
rates for the purpose of paying off the money
borrowed (z).
By a later act, the clauses in the "Commis-
sioners Clauses Act, 1847," respecting mortgages,
are extended, with some exceptions, to mortgages
and bonds granted under the 5 & 6 Vict. c. 98 (a).
See further on the subject of prisons, ante, pp.
114-121.
Maintaining, repairing, and improving Bridges.
By the 13 & 14 Vict. c. 64, all bridges situate
within the limits of, and repaired at the expense of
(x) 5 & 6 Vict. c. 98, ss. 4, 5.
(y) 5 & 6 Vict. c. 98, s. 5.
(z) 5 & 6 Vict. c. 98, ss. 6, 7.
(a) 11 & 12 Vict. c. 39.
OF PUBLIC BUILDINGS.
133
any incorporated borough, are placed under the sole
management and control of the council of the bo-
rough, who are authorized to pay the monies re-
quired for the purposes of the act out of the borough
rates; or, where the estimated expense exceeds
£150, to borrow the necessary money, upon mort-
gage of rates, such mortgages to be paid off within
fourteen years (b).
The treasurer of the borough is to keep an ac-
count of receipts and payments under this act, sepa-
rate from all other accounts, and to submit it to
the council at their quarterly meeting; and the
council are to inspect the account, and give all ne-
cessary orders and directions in the matter (c).
Other Buildings.
As to the building of district prisons, see pp.116
-118; of lunatic asylums, pp. 121-124; as to pro-
viding police offices, see p. 162.
(b) 13 & 14 Vict. c. 64, ss. 1, 2, 3, 5.
(c) 13 & 14 Vict. c. 64, s. 4.
134
POLICE-THE WATCH COMMITTEE.
POLICE-THE WATCH COMMITTEE.
The Watch Committee.
The council shall from time to time, as they shall
deem expedient, appoint out of their own body a
sufficient number, who, together with the mayor,
shall constitute the watch committee. Of the watch
committee, three are to be a quorum, and the majo-
rity present at any meeting are to decide (d).
Appointment, Jurisdiction, and Dismissal of
Constables.
The watch committee shall from time to time
appoint constables, who are to be sworn in before
a justice, and shall then have the same powers,
duties, and responsibilities in the borough, and in
every county within seven miles of it, as any con-
stable has by common law or statute within his
constablewick (e). The committee are to frame
regulations for the management of the constables,
and they, or any two justices having jurisdiction
within the borough, may suspend or dismiss any
constable for negligence or unfitness; and no con-
stable once dismissed shall be reappointed without
the consent of two such justices (f).
(d) Sect. 76.
(e) Ibid.
(f) Sect. 77.
POLICE-THE WATCH COMMITTEE. 135
Powers of Constables.
Every constable is empowered to apprehend all
idle and disorderly persons whom he shall find dis-
turbing the public peace, or whom he shall have
just cause to suspect of an intention to commit a
felony, and to deliver them into the custody of
the constable in attendance at the nearest watch-
house (g), who is authorized, if he shall think fit,
to take bail for such persons' appearance for exa-
mination within two days before a justice of the
peace within the borough (h).
Penalties on Constables for Neglect of Duty, &c.
Any constable convicted before two justices of
any neglect of duty, or disobedience of any lawful
order, may be imprisoned not more than ten days,
or fined not more than 40s., or dismissed, at the
discretion of such justices (¿).
Penalties for Assaults on Constables.
Persons convicted before two justices of assault-
ing or resisting constables in the execution of their
duty, may be fined such sum, not exceeding £5,
as the justices shall think meet (k).
(g) Sect. 78.
(i) Sect. 80.
(h) Sect. 79.
(k) Sect. 81.
136
POLICE-THE WATCH COMMITTEE.
Wages of and Allowances to Constables-Super-
annuation Fund.
The wages of and allowances to constables are
fixed by the watch committee, subject to the ap-
probation of the council, who are also to order the
payment of any extraordinary expenses incurred
by constables in apprehending offenders, and exe-
cuting the orders of any justice having jurisdiction
within the borough, such expenses having been
first examined and approved by such justice (7);
and the watch committee may, subject to the ap-
probation of the council, order to constables re-
wards for extraordinary diligence or exertion, com-
pensation for wounds or severe injury received in
the execution of their duty, and retiring allowances
to constables disabled by bodily injury or worn out
by length of service (m). The council may also
establish a "Police Superannuation Fund," to be
maintained by contributions from the pay of con-
stables. See the "Borough Police Superannuation.
Act," 11 & 12 Vict. c. 14, which fixes the rates of
retiring allowances, by reference to length of ser-
vice, and makes various provisions on the subject.
See also 13 & 14 Vict. c. 87.
(1) R. v. Thompson, 5 Q. B. 477; Dav. & M. 497.
(m) Sect. 82.
POLICE-THE WATCH COMMITTEE.
137
Special Constables.
Two or more justices having jurisdiction within
the borough are, in the month of October in every
year, to appoint as many persons as they shall
think fit, to act, whenever required by justice's war-
rant, as special constables within the borough. Such
special constables are to have the powers and im-
munities and be liable to the duties and penalties
enacted by the stat. 1 & 2 Will. 4, c. 41, and to
receive pay of 3s. 6d. each for every day during
which they shall be called out (n).
Watch Committee to report Quarterly.
The watch committee are to transmit a quar-
terly report on the 1st January, 1st April, 1st July,
and 1st October in every year to the secretary of
state, with a copy of their rules for the manage-
ment of the constables (o).
Provisions in Local Acts relative to Police and
Watching to cease.
The act declares that, from the day on which
the constables appointed by the watch committee
begin to act, all provisions in any local acts rela-
tive to watching and police shall cease, and all
watchhouses, &c. shall be given up for the use of
the constables appointed under the Municipal Cor-
poration Act (p).
(n) Sect. 83. See R. v. Hulton, 13 Q. B. Rep. 592.
(0) Sect. 86.
(p) 5 & 6 Will. 4, c. 76, ss. 84, 85.
138 CHARITIES, PAVING, LIGHTING, ETC.
IM -
CHARITIES, PAVING, LIGHTING,
PROVEMENT AND GENERAL MANAGE-
MENT OF THE BOROUGH.
The provisions of the various acts on these sub-
jects are numerous and lengthy. For the purposes
of the present work, the following brief summary
may be sufficient.
Charitable Trusts.
Provision is made by the Municipal Corporation.
Act for divesting the corporations of all charitable
trusts vested in them (p).
Other Trusts and Powers under Acts of Parliament.
Provision is made for vesting in the corporate
bodies as re-modelled by the act, and empowering
their councils to exercise, all powers in acts of par-
liament, and all trusts (other than charitable trusts)
of which the old corporations, or any of their mem-
bers in their corporate capacity, were sole trus-
(p) Sect. 71. See also 7 Will. 4 & 1 Vict. c. 78, ss.
45-48; and see the cases cited in Rawlinson, pp. 129, 130,
and In re St. John's Hospital, 3 Mac. & Gor. (Ch.) 235, and
In re Northampton Charities, 3 De G. Mac. & G. 179; 17
Jur. 6; 22 L. J., Chanc., 611.
CHARITIES, PAVING, LIGHTING, ETC.
139
tees (q); for divesting all members and nominees of
the old corporations of all such powers in acts of
parliament and trusts as were vested in them (r);
and-where vested in them jointly with other trus-
tess-empowering the council to nominate new
trustees (being members of the council) to supply
the place of the old ones (s).
And by 6 & 7 Will. 4, c. 105, s. 8, all powers
vested by any local acts of parliament in any par-
ticular class of the members of the corporation, as
well as all powers by any such acts vested in any
justices at quarter sessions (not relating to the
business of a court of civil or criminal judicature)
are transferred to the council, who may appoint a
committee to exercise them (t).
Trustees of Local Acts may transfer their Powers
to Council.
By section 75 of the Municipal Corporation Act,
the trustees of any local paving, lighting, cleansing,
watching, regulating, supplying with water, and
improving, acts, may transfer their powers to the
council.
(q) Sects. 72 and 142.
(r) Sect. 74.
(s) Sect. 73. See the notes on sects. 71-74 in Raw-
linson.
(t) All offences against any local acts are by the 7 Will.
4 & 1 Vict. c. 78, s. 31, made cognisable by the borough
justices, as to whom see post, pp. 157-164. Provisions in local
acts relative to watching and police are to cease: see ante,
p. 137.
140
CHARITIES, PAVING, LIGHTING, ETC.
Lighting.
Where there is a local act for the lighting of any
part of a borough, the council may order any other
part of the borough to be taken within the pro-
visions of the local act (u). The council may as-
sume the powers of the General Lighting and
Watching Act (3 & 4 Will. 4. c. 90) for lighting
the whole of the borough, or any part thereof not
within the provisions of any local lighting act (v).
General Provision.
The council have power to make such bye-laws
as to them shall seem meet for the good rule and
government of the borough, and for the prevention
and suppression of nuisances (x).
FINANCE.
I. The Borough Revenues, EXPENDITURE AND
ACCOUNTS.
Corporate Revenues—Borough Fund.
The rents and profits of all hereditaments, and
the interests, dividends and annual proceeds of all
monies, dues, chattels, and valuable securities be-
longing or payable to the corporation, as well as
the proceeds of sale of copies of the burgess lists,
&c.(y), all fines and penalties for offences against
the Municipal Corporation Act the application of
(u) Sect. 87.
(v) Sect. 88.
(x) See sect. 90, stated ante, p. 111.
As to the power of
As to the
the council to expend the surplus of the borough fund for
the benefit of the borough, see post, p. 144.
(y) Sect. 23.
FINANCE.
141
which is not specially provided for(x), and—in bo-
roughs having separate courts of quarter sessions—
all penalties recoverable in a summary way before
justices (with certain exceptions) (y), are to be paid
to the treasurer of the borough, who is to carry
them to the account of "The Borough Fund” (≈).
As to the power of raising borough rates and watch
rates, see post, p. 144.
Management of Corporate Property.
The council are prohibited from selling, mort-
gaging, or alienating any lands, tenements or he-
reditaments belonging to the body corporate, and
from granting any leases of the same (other than
leases for terms not exceeding thirty-one years, at
a reasonable rent, without fine), unless with the ap-
probation of three lords of the Treasury. And the
council are required to give public notice of their
intention to apply to the Treasury, at least one ca-
lendar month before making the application; and
a copy of the memorial intended to be sent to the
Treasury is to be kept in the town clerk's office,
and to be open to the inspection of the burgesses
during such month (a).
There is a proviso, however, authorizing the
council to renew old leases upon the old terms, and
another, authorizing them to grant leases for
seventy-five years, either at a reserved rent or fine,
(x) Sect. 92.
(z) Sect. 92.
(y) Sect. 126.
(a) Sect. 94.
142
FINANCE.
or both, as the council shall think fit (a), of certain
buildings and building and garden ground therein
specified (b).
All advowsons, and rights of nomination or pre-
sentation to any benefice or ecclesiastical prefer-
ment (c) belonging, at the passing of the Municipal
Corporation Act, to any corporation, are directed
to be sold under the direction of the ecclesiastical
commissioners, and the proceeds to be paid to the
borough treasurer, and either applied by him, under
the direction of the council, in paying off old cor-
porate debts (d), or invested by him on government
securities, the annual interest being carried to the
borough fund (e).
As to the rateability of corporate property to the
poor rate, see 4 & 5 Vict. c. 48; and R. v. Mayor
of York, 6 A. & E. 418, and the authorities there
cited.
Application of the Borough Fund.
The borough fund (subject to the payment of the
corporate debts and liabilities) (ƒ) is to be applied
(a) 6 & 7 Will. 4, c. 104, s. 2.
(b) Sect. 94.
(c) These words are explained by 1 & 2 Vict. c. 31.
(d) 6 & 7 Will. 4, c. 104, s. 3.
(e) Sect. 139.
(f) See 5 & 6 Will. 4, c. 76, s. 92; 6 & 7 Will. 4, c. 104,
ss. 1 and 3; 7 Will. 4 & 1 Vict. c. 78, s. 28; and see the
various cases cited in Rawlinson (notes to the above sections),
and in Arnold, pp. 39, 40, 236. See also 5 & 6 Will. 4, c.
76, ss. 66 & 67, as to payment of compensation to officers.
FINANCE.
143
in paying the salaries of the mayor and other sala-
ried officers; the expenses of preparing the burgess
lists and other election expenses; the expenses of
the prosecution, maintenance and punishment of
offenders; the sum to be paid by the borough to
the county treasury, "as hereinafter provided" (g);
the expense of maintaining the borough gaol, house
of correction, and corporate buildings; the consta-
bles' wages; and all other expenses, not otherwise
provided for, which shall be necessarily incurred
in carrying into effect the provisions of the Mu-
nicipal Corporation Act (h). Other charges have
been imposed by later acts of parliament upon.
the borough fund, as by the Prisons Act, 5 & 6
Vict. c. 98 (i), the Lunatic Asylums Act, 1853(k),
the Public Baths and Washhouses Act (1), and the
Petty Sessions Act (m).
In order to give all persons interested in the bo-
rough fund, a direct and easy remedy for any mis-
application thereof, it is enacted, "that any order
of the council of any borough for the payment of
any sum of money from or out of the borough
fund of any borough may be removed into the
Court of King's Bench by writ of certiorari, to be
moved for according to the usual practice of the
said court with respect to writs of certiorari; and
(g) Post, pp. 153–157.
(h) Sect. 92.
(i) Ante, pp. 114, 130, 131, 132.
(k) Ante, p. 121.
(7) Ante, p. 126.
(m) Post, pp. 162, 163.
144
FINANCE.
that such order may be disallowed or confirmed
upon
motion and hearing, with costs, according to
the judgment and discretion of the said court (n).”
In case the borough fund shall be more than
sufficient (o) for the purposes aforesaid, the surplus
thereof shall be applied, under the direction of the
council, for the public benefit of the inhabitants and
improvement of the borough (p).
In case it should be insufficient for the above
purposes, the council may make a borough rate to
make up the deficiency. As to the subject of
rates generally, see the next head.
Borough and other Rates.
In case the borough fund is insufficient for the
purposes expressed under the last head, the coun-
cil are to make an estimate of the sum required to
supply the deficiency, and raise the amount by a
(n) 7 Will. 4 & 1 Vict. c. 78, s. 44; see R. v. Town
Council of Lichfield, ubi supra; R. v. Dunn, 5 Q. B. 959;
R. v. Greene, 4 Q. B. 646; and R. v. Duncan, 5 Q. B.
959.
(0) See Attorney-General v. Mayor of Norwich, 12 Jur.
424; 16 Sim. 225.
(p) Sect. 92. As to what expenses may be paid out of the
surplus of the borough fund see R. v. Mayor of Bridgwater,
10 A. & E. 281; R. v. Paramore, Id. 286; R. v. Mayor
of Leeds, 4 Q. B. 790; R. v. Thomson, 5 Q. B. 477; R.
v. Mayor of Warwick, 15 L. J., Q. B., 306; R. v.
R. v. Town
Council of Lichfield, 4 Q. B. 893; 10 Q. B. 534; R. v.
Prest, 16 Q. B. Rep. 33; Attorney-General v. Mayor of
Wigan, 18 Jur. 238, 299.
FINANCE.
145
borough rate, in the nature of a county rate (q).
For the purpose of levying this rate the council
have, within their borough, all the powers which
justices at sessions have, within the limits of their
commissions, under the 55 Geo. 3, c. 51 (r). Any
person aggrieved by the rate in respect of the
omission of any parish, or the unequal apportion-
ment of the rate among the several parishes sub-
jected to it(s), may appeal to the recorder at the
next quarter sessions (or, if there be no recorder,
then to the next quarter sessions for the county),
who may hear and determine the appeal, and
award relief, as in the case of an appeal against a
county-rate (t).
The expenses of obtaining a grant of a charter
of incorporation, and of all proceedings under the
same, may be paid out of the borough rates (u).
The monies required under the act for the main-
tenance and repair of bridges (ante, p. 132) (x);
(q) If the rate falls short the deficit may be included in
the next rate, although in general the rate must not be
retrospective. See Wood v. Reed, 2 M. & W. 777; Attor-
ney General v. Corporation of Lichfield, 17 L. J., N. S.,
Chanc. 472; Fernley v. Worthington, 1 M. G. 491; Jones
v. Johnson, 5 Wels. H. & G. (Ex.) 862 and 7 Exch. Rep.
453.
(r) Sect. 92. The 55 Geo. 3, c. 51, is repealed, as to
county rates, by the County Rates Act, 15 & 16 Vict. c. 81.
(s) Reg. v. Recorder of Bath, 9 A. & E. 871; Rex v.
Justices of Westmoreland, 10 B. & C. 226.
(t) Sect. 92.
(u) 13 & 14 Vict. c. 42, s. 3. As to such grants, see post,
p. 177.
Ꮖ
(x) 13 & 14 Vict. c. 64, s. 2.
H
146
FINANCE.
under the 5 & 6 Vict. c. 98, for the building, re-
pairing, enlarging, &c. of any "prison, court-house,
and other necessary buildings to be used with the
prison" (ante, pp. 130, 131)(y); under the Public
Libraries and Museums Act (ante, p. 125)(z); and
under the Public Baths and Washhouses Act (ante,
p. 126) (a), may also be raised out of the borough
rate. Separate and distinct rates may also be
made for the purposes of the three last-mentioned
acts respectively (b), as well as for the expenses
incurred, under the 5 & 6 Vict. c. 98, in the con-
veyance, transport, maintenance, safe custody, and
care of borough offenders committed to county
prisons (c); for the expenses of carrying "The
Lunatic Asylums Act, 1853," (d) into effect(e);
and for watching; with respect to these last,
called watch rates, it is enacted, that in every
borough in which a watch rate might have been
levied before the Municipal Corporation Act, the
council may levy a watch rate not exceeding in
amount the average of the seven years last before
the act, or, where the borough fund shall be insuffi-
cient for the purpose without the aid of a borough
(y) 5 & 6 Vict. c. 98, s. 5.
(z) 13 & 14 Vict. c. 65, s. 3.
(a) 9 & 10 Vict. c. 74, s. 4.
(b) 5 & 6 Vict. c. 98, ss. 5, 6, 7; 13 & 14 Vict. c. 65, s.
3; 9 & 10 Vict. c. 74, s. 4.
(c) 5 & 6 Vict. c. 98, s. 20. See further on this subject,
post, p. 153.
(d) As to this act, see ante, pp. 121-124.
(e) 16 & 17 Vict. c. 97, s. 46.
M
FINANCE.
147
rate, not exceeding six-pence in the pound per
annum (ƒ). Moreover, power is given to the
council to order any parts of the borough not pre-
viously within the provisions of the local act autho-
rizing the levy of the watch-rate, to be included
therein for the purpose of being rated thereto (g).
As to the watch committee, &c., see ante, p. 134.
Mode of levying Rates-District Rates.
By the 7 Will. 4 & 1 Vict. c. 78, s. 29, and c.
81(h), provision is made for the levying of borough
rates in cases where a part only of a parish, town-
ship or place is within the limits of the borough.
By the 8 & 9 Vict. c. 110, and 12 & 13 Vict. c.
65 (i), further provision is made for the making
and levying of district borough and watch rates.
Under the 7 Will. 4 & 1 Vict. c. 81, the council
may order the amount of a borough or watch rate
assessed upon each parish (k) to be paid by the
churchwardens and overseers out of the poor-rate
of such parish; or they may order the church-
wardens and overseers to levy the required sum
by making and collecting "a certain pound-rate
(ƒ) 2 & 3 Vict. c. 28, s. 1, explained by 3 & 4 Vict. c.
28.
(g) Sect. 92.
(h) As to the construction of this statute, see R. v. Su:-
cliffe, 13 Q. B. Rep. 833.
(i) Partially repealed by 15 & 16 Vict. c. 81.
(k) But, as to district watch rates, see 8 & 9 Vict. c. 110,
s. 6.
H 2
148
FINANCE.
upon and from the occupiers or possessors of all
rateable property within" their parish. A similar
provision is made by the 5 & 6 Vict. c. 98, s. 7,
with respect to the rate to be levied for building,
&c., prisons, &c., under that act (as to which, see
ante, pp. 130—132).
In the Municipal Corporation Act, sect. 92, and
the 6 & 7 Will. 4, c. 104, s. 5, will be found further
provisions with respect to the mode of levying
rates (l).
Application of Surplus of Borough Rate.
By the Municipal Corporation Act, sect. 92, it is
enacted, that, "all such sums levied in pursuance of
such borough rate shall be paid over to the account
of the borough fund, and, subject to the provisions
herein before contained, shall be applied to all pur-
poses to which, before the passing of this act, a
borough rate or county rate was by law applicable
in such borough or county."
Borough Accounts.
The Treasurer (m) is to keep accounts of all
receipts and disbursements, and the account-books
are to be open for the inspection of any of the
aldermen or councillors at all reasonable times,
(7) As to the making of borough rates, see Jones v. John-
son, 5 Wels. H. & G. (Ex.), 862, 7 Exch. Rep. 453.
(m) As to this officer, see ante, p. 58.
FINANCE.
149
and to be submitted, with the vouchers, to the
auditors (n) half-yearly in the months of March and
September. After the September audit the Trea-
surer is to make out a full abstract of the accounts
for the year, and cause copies of such abstract to
be printed for inspection by and sale to all rate-
payers. A full statement of the receipts and ex-
penditure for the year, made up to the last period
of audit, is to be transmitted to the Secretary of
State before the 1st of March in every year.
Sect. 93.—“The treasurer of every borough shall,
in books to be kept for that purpose, enter true ac-
counts of all sums of money by him received and paid,
and of the several matters for which such sums shall
have been received and paid; and the books containing
the accounts shall at all seasonable times be open to
the inspection of any of the aldermen or councillors of
such borough; and all the accounts, with all vouchers
and papers relating thereto, shall, in the months of
March and September in every year, be submitted by
the treasurer of the borough to the auditors herein-
before provided to be elected, and to such member of
the council as the mayor shall name on the first day of
March in every year, or in case of extraordinary va-
cancy within ten days next after such vacancy, for the
purpose of being examined and audited, from the first
day of September in the year preceding to the first day
of March, and from the first day of March to the first
day of September in the year in which the said audi-
tors were elected and named, and if the said accounts
shall be found to be correct, the auditors shall sign the
same; and after such accounts shall have been so exa-
(n) As to the auditors see ante, p. 49.
150
FINANCE.
mined and audited in the month of September in every
year, the treasurer shall make out in writing and shall
cause to be printed, a full abstract of his accounts for
the year, and a copy thereof shall be open to the in-
spection of all the rate-payers of such borough, and
copies thereof shall be delivered to all rate-payers of
such borough applying for the same, on payment of a
reasonable price for each copy."
The 6 & 7 Will. 4, c. 104, s. 10, enacts, that the
council of each borough shall, before the first day of
March in each year, transmit to one of his Majesty's
principal secretaries of state a statement of all monies
received and expended on account of the mayor, alder-
men, and burgesses of that borough, within the year pre-
ceding; and the 7th Will. 4 & 1 Vict. c. 78, s. 6,
enacts, that "every such account shall be made up to
the last period of audit of the said receipt and expendi-
ture, and not further or otherwise."
Separate Accounts of particular Funds.
Separate accounts are to be kept of district
rates (o); of money borrowed under the provisions.
of "The Lunatic Asylums Act, 1853" (p); of
money raised and expended under the Borough
Bridges Act (q) (and these last-mentioned accounts
are to be made up and laid before the council for
inspection at their quarterly meetings (r)); of the
monies raised and expended under the Borough
(0) 8 & 9 Vict. c. 110, s. 4, ante, p. 147.
(p) 16 & 17 Vict. c. 97, s. 49, ante, p. 121.
(g) 13 & 14 Vict. c. 64, ante, p. 132.
(r) 13 & 14 Vict. c. 64, s. 4.
FINANCE.
151
Police Superannuation Act (s), and of the monies
raised and expended under the Public Baths and
Washhouses Act (t).
Treasurer to pay no Money but by Order of the
Council, &c.
"The treasurer of any borough shall pay no
money on account of the mayor, aldermen, and
burgesses of such borough, save only in such case
as is provided by this act, or upon the order in
writing of the council, signed by three or more
members of the council, and countersigned by the
town clerk of such borough (u), or by order of the
Court of Sessions of the peace for the borough, or
of a justice of the peace acting in and for the bo-
rough in the discharge of his judicial duty, in such
case as is provided by this act, or in such case as
a Court of Sessions of the peace for any county, or
a justice of the peace acting in and for a county
in the discharge of his judicial duty, may make an
order for the payment of money on the treasurer
of such county, or for the payment of the salaries
granted to any recorder or police magistrate as
hereinafter provided (x).”
(s) 11 & 12 Vict. c. 14, s. 2, ante, p. 136.
(t) 9 & 10 Vict. c. 74, s. 4, ante, p. 126.
(u) See 7 Will. 4 & 1 Vict. c. 78, s. 44, ante, pp. 143, 144,
and R. v. Town Council of Lichfield, 4 Q. B. 893; Dav. &
(x) Sect. 59.
M. 491.
152
FINANCE.
2. FINANCIAL RELATIONS BETWEEN BOROUGHS
AND COUNTIES-LIABILITY OF BOROUGHS TO
COUNTY RATES AND EXpenditure.
Exemption of certain Boroughs.
Every borough which has received a grant of
a separate Court of Quarter Sessions is, from the
date of such grant, exempt from assessment to
county rates (y); but is charged with the payment
out of the borough fund, of; First, all costs ari-
sing out of the prosecution of borough offenders (z),
committed for trial to any county prison (a); Se-
condly, (in the absence of any special contract be-
tween the borough and county authorities (b), as to
which see ante, p. 114), all costs arising out of the
maintenance, punishment, conveyance, and transport
of borough offenders committed to any county
prison (c); and Thirdly, a proportion of all the
other county expenditure (d). The statutory pro-
visions on the subject of these charges are very
numerous and lengthy; I therefore content myself
with giving a brief abstract of some of the more
(y) Sect. 112, and 5 & 6 Vict. c. 98, s. 22. See R. v.
Justices of Wilts, 11 Ad. & Ell., N. S. (Q. B.) 758.
(z) That is, persons committed for offences arising within
the borough.
(a) Sect. 113, and 5 & 6 Vict. c. 98, s. 19.
(b) As to the meaning of these words see Reg. v. Mayor
of New Sarum, 17 Jur. 934; 22 L. J., M. C., 155, Q. B.
(c) Sect. 114, and 5 & 6 Vict. c. 98, ss. 18, 20, 21; and
13 & 14 Vict. c. 91, ss. 2, 5, 6.
(d) Sect. 117, and 5 & 6 Vict. c. 98, s. 22.
FINANCE.
153
important among them, and I consider it conve-
nient to do so in the order in which the several
charges are arranged above.
First, then, Expenses of Prosecution of Borough
Offenders.
These are to be paid upon the order of the court
before which the prisoners are tried, such order
being addressed directly to the treasurer of the
borough fund (e). The judge's order is conclu-
sive (f).
Secondly, Expenses of Maintenance, Punishment,
Conveyance and Transport of Borough Offenders.
The council of the borough are directed to pay
to the treasurer of the prison, or other person ap-
pointed by the county justices in general or quarter
sessions, the actual expenses incurred in the con-
veyance, transport, maintenance, safe custody, and
care of every borough offender committed to the
county prison, (or removed thereto under the au-
thority of the stat. 13 & 14 Vict. c. 91,) according
to the time for which each such prisoner shall be con-
fined there, at an average to be taken as directed
by the act, and subject to deductions on account of
(e) 7 Geo. 4, c. 64, ss. 22, 23, 25; 5 & 6 Will. 4, c. 76,
s. 113; 5 & 6 Vict. c. 98, s. 19.
(ƒ) R. v. Oswestry, 12 Ad. & Ell. N. S. (Q. B.) 239.
H 5
154
FINANCE.
prisoners' earnings, &c. (g) The council are to pay
these expenses out of a rate to be made and levied
for that purpose in the nature of a borough rate (h).
The clerk of the visiting justices of the prison is
to make out from time to time and sign an ac-
count of expenses due and payable under this head,
and deliver it to the town clerk of the borough;
and such account is to be conclusive against the
borough, unless some objection to it is made in
writing, signed by the town clerk, and delivered to
the clerk of the visiting justices, within one calen-
dar month after the receipt of the account (i).
In case of any difference arising concerning these
expenses, it is to be referred to arbitration, as in
the case of differences arising under the statute 5
Geo. 4, c. 85 (k). The mode of arbitration is fur-
ther regulated by the stat. 7 & 8 Vict. c. 93, which
authorizes the arbitrator to state a special case for
the opinion of a court of law.
(g) 5 & 6 Vict. c. 98, s. 18; and 13 & 14 Vict. c. 91, ss.
2, 5, 6.
(h) 5 & 6 Vict. c. 98, s. 20; but the 13 & 14 Vict. c. 91,
contains no similar provision. As to borough rates, see ante,
pp. 144-148.
(i) 5 & 6 Vict. c. 98, s. 21, and 13 & 14 Vict. c. 91, s. 6.
I refer also to the 5 & 6 Will. 4, c. 76, s. 114, directing the
county treasurer to keep an account of these expenses, and
send it in, not more than twice yearly, to the council of the
borough, who are to order its payment out of the borough
fund.
(k) Sect. 114; and 5 & 6 Vict. c. 98, s. 20.
FINANCE.
155
Thirdly.-Other County Expenditure.
Every county treasurer is directed to keep an
account of all sums expended out of the county
rate other than for the purposes specified under the
two preceding heads, and for coroners' inquests; to
send such account in, not more than twice yearly,
to the council of every borough situate within the
county, which has received a grant of a separate
court of quarter sessions, and which before the
Boundary Act (2 & 3 Will. 4, c. 64) was liable to
contribute to the county rate, and to make an order
on the council for the payment of such proportion
as would have been chargeable, after deducting all
sums received in aid of the county rate, upon the
borough if the Municipal Corporation Act had
not been passed; and the council are to order the
same, with all reasonable charges of making and
sending the account, to be paid to the county
treasurer out of the borough fund. There is a
provision for the arbitration of differences concern-
ing the account similar to that mentioned under the
second head (p. 154) (m).
But every corporate borough in which an in-
spector of weights and measures is appointed by
the borough authorities (see post, p. 169) is to be
exempt from contributing to the county expendi-
ture in relation to the standard weights and mea-
sures, and the inspector thereof, for the county (n).
(m) Sect. 117; and 7 & 8 Vict. c. 93.
(n) 16 & 17 Vict. c. 79, s. 5.
156
FINANCE.
And no borough which shall have received a
grant of a separate court of quarter sessions, and
which shall possess or provide, or shall have com-
menced and be bonâ fide proceeding with the con-
struction of a sufficient gaol and house of correc-
tion, to the satisfaction of the secretary of state, for
borough offenders, shall be liable to contribute to-
wards the cost of any new county gaol or house of
correction, except that the parties making the cal-
culations of the expenses payable by boroughs un-
der the second head (p. 153) may include in such
calculations such proportion of the monies ex-
pended out of the county rate in building the new
county gaol or house of correction, as the number of
borough offenders confined in any county gaol
during the period for which the calculation is made.
bears to the whole number of prisoners confined
during the same period in all the county gaols (n).
And no such borough as aforesaid which shall
possess or provide, or shall have commenced and be
bonâ fide proceeding with the construction of, a suf-
ficient asylum, to the satisfaction of the secretary of
state, for pauper lunatics, in pursuance of the
Lunatic Asylums and Pauper Lunatics Act (8 & 9
Vict. c. 126) (o), shall be liable to contribute to-
wards the cost of any new county lunatic asylum,
or to any costs which may be incurred for main-
(n) 12 & 13 Vict. c. 82, s. 1.
(0) This act is repealed by the Lunatic Asylums Act, 16
& 17 Vict. c. 97, as to which see ante, p. 121.
FINANCE.
157
taining the county lunatics after the borough lunatic
asylum shall be actually opened for the reception of
borough lunatics ( p).
Crown
JUSTICE.
I. THE BOROUGH JUSTICES.
may issue Commission to certain Boroughs.
The crown may issue a commission to any num-
ber of persons to act as justices of the peace in
and for certain boroughs specified in the schedule
(A) to the Municipal Corporation Act, and in and
for such of the boroughs in the schedule (B) to
which her Majesty may be pleased, upon the peti-
tion of the council thereof, to grant a commission
of the peace (q).
The crown may also, upon the petition of the
council, appoint salaried police magistrates, (as to
whom see ante, p. 65.)
Qualifications and Residence of Justices.
They need not possess the qualification by estate
required for county justices (r). They are not re-
quired to be burgesses, but they must reside within
the borough or within seven miles of it, (to be
(p) 12 & 13 Vict. c. 82, s. 2.
(9) Sect. 98.
(r) Sect. 101.
158
JUSTICE.
measured by the nearest road) (s), so long as they
act as justices for the borough (t). An attorney or
solicitor may be a borough justice (u).
The recorder is an ex officio justice of the
borough (x), and the mayor is a justice of the
borough during his term of office, and for one year
afterwards unless previously disqualified (y).
For the declaration to be made by justices before
acting, see ante, p. 78. As to the borough jus-
tices, see also ante, p. 63.
Jurisdiction-Concurrent Jurisdiction of County
Justices in some Boroughs.
In boroughs which have not received the grant
of a separate court of quarter sessions, the county
justices have concurrent jurisdiction with the bo-
rough justices; but no part of any borough which
has a separate court of quarter sessions is to be
within the jurisdiction of the justices of any county
from which such borough, before the passing of the
Municipal Corporation Act, was exempt (z).
Summonses and warrants issued by a borough
justice may be served and executed within the
(s) Sect. 9, ante, p. 6.
(t) Sect. 98.
(u) 5 Geo. 2, c. 18, s. 2.
(x) Sect. 103.
(y) Sect. 57.
(z) Sects. 98 & 111. See also sect. 60, ante, p. 92, and
cases there cited; and R. v. Read, 1 G. & D. 292; R. v.
Inhabitants of Bridgwater, 10 A. & E. 711.
JUSTICE.
159
county in which the borough is situated, or within.
seven miles of the borough (a).
Justices to appoint a Clerk - Penalty on Clerk
conducting Prosecutions.
"It shall be lawful for the justices of every bo-
rough to which a separate commission of the peace
shall be granted as aforesaid, at their first or any
other meeting, and they are hereby respectively re-
quired, to appoint a fit person to be the clerk to the
justices of such borough, to be removable at their
pleasure, and so as often as there shall be a vacancy
in the said office of clerk to the justices by death,
resignation, removal, or otherwise; provided that
it shall not be lawful for the said justices to appoint
or continue as such clerk to the justices any alder-
man or councillor of such borough, or clerk of the
peace of such borough, or the partner of such
clerk of the peace, or any clerk or person in the
employ of such clerk of the peace: provided also,
that it shall not be lawful for the said clerk to the
justices, by himself or his partner, to be directly or
indirectly interested or employed in the prosecution
of any offender committed for trial by the justices
of whom he shall be such clerk as aforesaid, or
any of them, at any court of gaol delivery or gene-
ral or quarter sessions; and any person being an
alderman or councillor, or clerk of the peace of any
borough, or the partner or clerk or in the employ
(a) Sect. 101.
160
JUSTICE.
of such clerk of the peace (b), who shall act
as clerk to the justices of such borough, or shall
otherwise offend in the premises, shall for every
such offence forfeit and pay the sum of one hun-
dred pounds, one moiety thereof to the treasurer
of such borough, to be paid over to the credit and
account of the borough fund of such borough, and
the other moiety thereof, with full costs of suit, to
any person who will sue for the same in any of his
majesty's courts of record at Westminster (c).”
The clerk to the magistrates is remunerated by
fees, as to which see post, p. 173.
Summary Convictions for Offences against the
Municipal Corporation Act(d).
The prosecution for every such offence must be
commenced within three calendar months after the
commission of the offence. Any justice may sum-
mon any person charged with such an offence, by
the oath of any credible witness, to appear before
any two justices acting in and for the borough, and,
in default of his appearance, may either hear and
determine the cause in his absence, or issue a war-
rant for his apprehension (e).
(b) See Coe v. Lawrence, 1 El. & Bl. 516; 17 Jur. 1115;
22 L. J., Q. B., 140.
(c) Sect. 102.
(d) As to the summary proceeding against officers refusing
to account, see ante, p. 92. As to other offences punish-
able by summary conviction in general, see ante, pp. 134
135, and post, p. 163.
(e) Sect. 127.
JUSTICE.
161
Any such justice may also issue his summons for
the appearance of witnesses; and in the event of
any witness failing to appear, and not making rea-
sonable excuse for his absence, or refusing to be
examined, the justices present may fine him any
sum not exceeding five pounds (f).
Any pecuniary penalty inflicted by the justices
for any offence against the act may be levied by
distress; and for want of sufficient distress, the
offender may be imprisoned, with or without hard
labour, for any term not exceeding one calendar
month where the penalty does not exceed five
pounds, and not exceeding two calendar months in
any other case (g).
A form of conviction is provided by the act (h),
and a power is given to all persons who may think
themselves aggrieved by any summary conviction.
in pursuance of the act, to appeal to the quarter
sessions for the county or borough wherein the
cause of complaint shall have arisen (i).
No conviction under the act is to be quashed for
want of form or removed by certiorari; and no
warrant of commitment or distress is to be void for
any defect or want of form (k).
(f) Sect. 128.
(g) Sect. 129.
(h) Sect. 130.
(i) Sect. 131.
(k) Sect. 132, post, p. 176.
162
JUSTICE.
Sittings of Borough Justices to be a Petty
Sessions.
By 12 & 13 Vict. c. 18, s. 1, it is declared, that
the sittings of the justices of the peace, or of a
stipendiary magistrate in and for every city, bo-
rough or town corporate having a separate com-
mission of the peace, or for any part thereof, shall
be deemed a petty sessions of the peace, and the
district for which the same shall be holden shall be
deemed a petty sessional division within the mean-
ing of the acts relating to petty sessions (1).
Council must provide Police Offices.
"The council of every borough to which a se-
parate commission of the peace shall be granted
under the provisions of this act shall be authorized
and required to provide and furnish one or more
fit and suitable office or offices, to be called 'The
Police Office' or 'Offices' of the borough, for the
purpose of transacting the business of the justices
of such borough, and to pay from time to time out
of the borough fund such sums as may be neces-
sary for providing, upholding, and furnishing, and
for the necessary expenses of such police office or
offices; provided that no room in any house li-
censed as a victualling-house or alehouse shall be
(1) See 11 & 12 Vict. cc. 42 and 43.
JUSTICE.
163
used for the purposes of any such police of-
fice" (m).
Under the Petty Sessions Act (12 & 13 Vict. c.
18, above mentioned), the council of every borough
having a separate commission of the peace are also
required to direct fit and proper places to be hired
or otherwise provided for holding the petty ses-
sions; the expenses thereof to be paid out of the
borough fund. They are empowered to contract
for the use of the county court for this purpose.
Miscellaneous Powers of Borough Justices(n).
Besides the powers which as justices they pos-
sess in common with all other justices of the peace,
some special powers have been conferred on them
by act of parliament. Thus, all offences committed
within any borough against the provisions of any
local act of parliament are cognizable by the jus-
tices of such borough (o). Power is given to them
to issue distress warrants for the recovery of district
rates, and to commit in default of distress (p).
They have the exclusive right of appointing
(m) Sect. 100.
(n) The following are recent cases with respect to the
jurisdiction and authority of borough justices-R. v. Sut-
cliffe, 13 Q. B. Rep. 833; R. v. Waghorn, 1 El. & Bl. 647;
17 Jur. 785; 22 L. J., M. C., 44; R. v. Dale, 1 Dear. C.
C. R. 37; 17 Jur. 47; 22 L. J., M. C., 44.
(0) 7 Will. 4 & 1 Vict. c. 78, s. 31.
(p) 8 & 9 Vict. c. 110, s. 7.
164
JUSTICE.
overseers of the poor for the several parishes, &c.,
or parts thereof, within their borough (q).
All the powers relating to the poor which, by
the 43rd of Elizabeth, may be exercised out of ge-
neral or quarter sessions by two or more justices
of the county, may be exercised within any borough
by any two or more justices having jurisdiction
within such borough (r).
They are not to act as justices at any court of
gaol delivery, or general or quarter sessions, or in
making or levying any county rate or rate in the
nature of a county rate (s).
As to their powers in reference to the regulation
of borough prisons and the appointment of the gaoler
and other officers of the prison, see ante, p. 120.
As to their powers to compel officers to account,
see ante, p. 92; as to certain offences punishable
by them upon summary conviction, see ante, pp. 160,
161.
II. THE BOROUgh Court of QUARTER SESSIONS.
Grant of Court of Quarter Sessions-Appointment
of Recorder and Clerk of the Peace.
The crown is empowered, upon the petition of
the council of any borough, setting forth the
grounds of the application, the state of the gaol (t),
and the salary which they are willing to pay the
recorder in that behalf, to grant that a separate
(q) 12 & 13 Vict. c. 8, explained by 15 & 16 Vict. c. 38.
(r) 12 & 13 Vict. c. 64, explained by 15 & 16 Vict. c. 38.
(s) 5 & 6 Will. 4, c. 76, s. 101.
(t) See 5 & 6 Vict. c. 98, s. 15, ante, p. 114.
JUSTICE.
165
court of quarter sessions of the peace shall be
thenceforward holden in and for such borough,
and to appoint for such borough, or for any two or
more of such boroughs conjointly, a recorder; and
thereupon the council are to appoint a fit person to
be clerk of the peace during his good behaviour (u).
Privileges, Powers, Duties, and Disabilities of
the Recorder and Clerk of the Peace.
The recorder receives a salary. In all places
within the borough he has precedence next after
the mayor. He must not be a member of par-
liament for the borough, nor an alderman, coun-
cillor, or police magistrate for the borough (v). He
is sole judge of the borough court of quarter ses-
sions, (as to which see post, pp. 167–170 (x)).
The clerk of the peace is remunerated by fees,
(as to which see post, p. 173 (y) ).
Sect. 103. "The council of every borough which
shall be desirous that a separate court of quarter ses-
sions of the peace shall be or continue to be holden in
and for such borough shall signify the same by petition
to his Majesty in council, setting forth the grounds of
the application, the state of the gaol (z), and the salary
which they are willing to pay to the recorder in that
behalf; and it shall be lawful for his Majesty, if he
shall be pleased thereupon to grant that a separate
(u) Sect. 103, stated below.
(v) Sect. 103, stated below.
(x) See further as to the recorder, ante, p. 61.
(y) See further as to the clerk of the peace, ante, p. 62.
(≈) See R. v. Bourchier, 3 Q. B. 641; see also 5 & 6
Vict. c. 98, s. 15, ante, p. 114.
166
JUSTICE.
court of quarter sessions of the peace shall be thence-
forward holden in and for such borough, to appoint for
such borough, or for any two or more of such boroughs
conjointly, a fit person, being a barrister-at-law of not
less than five years' standing, who shall be and be called
the recorder of such borough or boroughs, and shall
hold such office during his good behaviour, and upon
any vacancy in any such office to appoint another fit
person, being a barrister-at-law of not less than five
years' standing, to be the recorder in the place of the
person so making such vacancy; and the council of
every such borough shall appoint a fit person to be clerk
of the peace during his good behaviour; and the
recorder for the time being of any borough shall be a
justice of the peace of and for such borough, although
he may not have such qualification by estate as is re-
quired by law in the case of any other person being a
justice of the peace for a county; and such recorder
shall have precedence in all places within the borough
of which he may be the recorder next after the mayor
thereof; and in such case it shall be lawful for his
Majesty to direct that an annual salary, not exceeding
the sum stated in the petition of the council, shall be paid
to such recorder, by the treasurer of such borough out of
the borough fund: Provided always, that no person being
such recorder as aforesaid shall be eligible to serve in par-
liament for such borough, nor shall he be an alderman,
councillor, or police magistrate of such borough: Pro-
vided nevertheless, that nothing in this act contained
shall be construed to disqualify any such recorder from
being appointed a barrister to revise any list of voters
under the provisions of an act passed in the second year
of his Majesty, intituled An Act to amend the Represen-
tation of the People in England and Wales, or from being
eligible to serve in parliament, otherwise than is herein-
before provided: Provided also, that in every borough
in and for which a separate court of general or quarter
sessions of the peace is now holden, and of which the
present recorder or deputy recorder is a barrister of five
JUSTICE.
167
years' standing, such recorder or deputy recorder, being
qualified as aforesaid, shall be continued or appointed
recorder under the provisions of this act. [Here follows
a proviso repealed by 6 & 7 Vict. c. 89, s. 7, as noticed
below.]
The Recorder may appoint a Deputy.
"In case of sickness or unavoidable absence the
recorder of any borough shall be and he is hereby
empowered, under his hand and seal, to appoint a
deputy recorder, being a barrister of five years'
standing, to act for him at the quarter sessions
then next ensuing or then being held, and not
longer or otherwise (a).”
The holding of the Court and its Jurisdiction.
"The recorder of every borough shall hold once
in every quarter of a year, or at such other and
more frequent times as the said recorder in his dis-
cretion may think fit, or as his majesty shall think
fit to direct, a court of quarter sessions of the
peace in and for such borough, of which court the
recorder of such borough shall sit as the sole judge;
and such court of quarter sessions of the peace
shall be a court of record, and shall have cogni-
zance of all crimes, offences and matters whatso-
ever cognizable by any court of quarter sessions of
the peace for counties in England, and the said
recorder shall have power to do all things neces-
sary for exercising such jurisdiction, notwithstand-
(a) 6 & 7 Vict. c. 89, ss. 7, 8, (repealing the last proviso
in 5 & 6 Will. 4, c. 76, s. 103).
168
JUSTICE.
"
ing his being such sole judge, as fully as any such
last-mentioned court: provided nevertheless, that no
recorder, by virtue of his office, shall have power
to make or levy any county rate, or rate in the
nature of a county rate, or to grant any licence or
authority to any person to keep an inn, alehouse,
or victualling house, to sell exciseable liquors by
retail, or to exercise any of the powers herein
specially vested in the council of such borough (b).”
"Provided also, that no recorder by virtue of
his office shall have power to allow, apportion, make,
or levy or do any act whatsoever with relation to
the allowance, apportionment, making, or levying of
any rate whatsoever (c).”
County offenders committed under contract (as
to which see ante, p. 119) to a borough prison
may be tried at the borough quarter sessions (d);
and borough offenders committed under contract
(as to which see ante, p. 114) to a county gaol
may be removed to and tried at the borough quarter
sessions (e).
The recorder may hear appeals against the
borough rate (ƒ), and against district, borough and
watch rates levied under the 8 & 9 Vict. c. 110
(ante, p. 147).
He may reserve a case for the Court of Criminal
Appeal (g).
(b) Sect. 105.
(c) 6 & 7 Will. 4, c. 105, s. 8.
(d) 6 & 7 Will. 4, c. 105, s. 1.
(e) 6 & 7 Will. 4, c. 105, s. 2.
(ƒ) See ante, p. 145.
(g) 11 & 12 Vict. c. 78; R. v. Masters, 3 New Sess. Ca.
326.
JUSTICE.
169
!
The recorder has the appointment of the in-
spector of weights and measures (g).
In the absence of the recorder and deputy re-
corder, the mayor is required to open the court at
the time appointed, and adjourn it and respite all
recognizances, until such further day as the mayor
shall then and there cause to be proclaimed (h).
The clerk of the peace is to give public notice
of the time and place of holding every quarter
sessions of the peace ten days at least before the
holding thereof (i).
As to grand and petty juries at sessions, see
post, p. 172.
Court of Quarter Sessions may be divided.
By the 7 Will. 4 & 1 Vict. c. 19, it is enacted
(sect. 1), that if it shall appear to the recorder or
other person presiding, that the quarter sessions
are likely to last more than three days, he may
order a second court to be formed, and by writing
under his hand and seal appoint a barrister of five
years' standing, to be called the "assistant bar-
rister," to preside and try such felonies and mis-
demeanors as shall be referred to him; and in
such case the recorder is to appoint an additional
crier, and the clerk of the peace is to appoint an
(g) Reg. v. Recorder of Hull, 8 A. & E. 639. See fur-
ther, as to the jurisdiction of the recorder, Arnold on Cor-
porations, pp. 222-224, and cases there cited.
(h) 5 & 6 Will. 4, c. 76, s. 106.
(i) Sect. 121.
I
170
JUSTICE.
assistant, for the second court. But it is provided
that the powers given by the act are not to be ex-
ercised, unless the mayor or two aldermen shall
have certified before each such quarter sessions
that the council have resolved that it will be ex-
pedient that the same should be exercised, nor
unless the name of the barrister proposed to be
appointed shall have been previously approved of
by the secretary of state.
The assistant barrister is entitled to ten guineas
a day, the assistant clerk of the peace to two
guineas a day, and the additional crier to half a
guinea a day, for their services, to be paid out of
the borough fund (sect. 2).
As to the district courts under 5 & 6 Vict. c. 53,
see ante, p.
118.
III. THE BORough Court of Record (k).
Courts of record for the trial of civil actions
were held in some boroughs by charter or custom
before the passing of the Municipal Corporation
Act. In these boroughs, where the judge of such
court was not a barrister of five years' standing,
the recorder, or if there be no recorder, then the
officer who was previously the judge, is to be the
judge of the court of record, and is to hold his
office during good behaviour (l). In the absence
(h) Quære if 7 & 8 Vict. c. 19, applies to these courts.
See Tarrant v. Baker, 18 Jur. 15.
(1) Sect. 118.
JUSTICE.
171
of the recorder the court may be holden for all
purposes (except the trial of issues in law or in
fact) before any barrister or attorney of five years'
practice, appointed by the recorder(m).
The council are, by a bye-law, to fix the salary
of the recorder or barrister appointed to act as
judge, such salary to be paid out of the borough
funds (n).
The judge may make rules for regulating the
form and manner of proceedings and practice of
the court(o).
The courts are to be held at least four times a
year (p).
Their jurisdiction is for the most part
limited to actions for sums or damages of £20 or
less, and to actions of ejectment where the annual
rent does not exceed £20 (q).
The registrar (r) and other officers of the court
are to be appointed by the council (s). They are
remunerated by fees (as to which see post, p. 173).
Attornies may practise in the courts; but no
(m) 7 Will. 4 & 1 Vict. c. 78, s. 32.
(n) 6 & 7 Will. 4, c. 105, s. 9. See Addison v. Mayor of
Preston, 12 C. B. 108.
(0) 2 & 3 Vict. c. 27, ss. 1 & 3.
(p) 2 & 3 Vict. c. 27, s. 2.
(g) 5 & 6 Will. 4, c. 76, s. 118. As to the power of ex-
tending their jurisdiction beyond the boundaries of the
borough, see 7 Will. 4 & 1 Vict. c. 78, s. 35.
(r) As to the powers of the registrar, see 7 Will. 4 & 1
Vict. c. 78, s. 33.
(s) 5 & 6 Will. 4, c. 76, s. 119.
I 2
172
JUSTICE.
officer of the court, or his clerk or partner, can do
so (t).
IV. JURIES.
The Municipal Corporation Act contains various
provisions for the summoning of jurors, and the
infliction of fines on them for non-attendance (u).
Every burgess (unless exempt or disqualified,
otherwise than in respect of property, by virtue of
6 Geo. 4, c. 50) is qualified and liable to serve on
grand juries in his borough, and upon juries for
the trial of issues in the court of quarter sessions
or court of record of such borough; but no person
is to be summoned more than once in one year,
unless all the persons liable to serve have been
summoned once in that year (x).
The councillors, borough justices, treasurer, and
town clerk of every borough are exempt and dis-
qualified from serving on any jury summoned
within their borough (except that councillors in
boroughs having less than 12,000 inhabitants at
the last census are liable to serve on borough
grand juries (y)); and exempt from serving on any
jury summoned to serve in the county wherein their
borough is situate; and all burgesses of any bo-
rough having a separate court of quarter sessions
are exempt from serving on any jury for the trial
(t) 5 & 6 Will. 4, c. 76, s. 119.
(u) 5 & 6 Will. 4, c. 76, s. 121.
(x) Ib. and 7 Will. 4 & 1 Vict. c. 78, s. 36.
(y) 16 & 17 Vict. c. 79, s. 6.
JUSTICE.
173
of issues in any court of general or quarter sessions
for the county in which their borough is situate (z).
V. FEES OF CLERK OF THE PEACE, MAGISTRATES'
CLERK, AND OFFICERS OF COURT OF RECORD.
The council are to make tables of the fees to be
taken:-in boroughs having a separate court of
quarter sessions, by the clerk of the peace; in
boroughs having separate commissions of the
peace, by the clerk to the borough justices; and in
boroughs having courts of record, by the registrar
and officers of such court: which tables of fees
are to come into operation when confirmed by the
secretary of state, who may previously make alter-
ations therein. The council may from time to time
make new tables of fees, subject to confirmation
by the secretary of state. Until the tables are
made and confirmed, the clerk of the peace and
clerk to the justices may take the fees authorized
to be taken by the corresponding officers in the
adjoining county; and the registrar and officers of
the court of record are authorized to take the fees
usually taken by them before the passing of the
Municipal Corporation Act (a).
"The town clerk of every borough shall cause a
true copy of the tables of fees in force for the time
being to be hung up in a conspicuous part of the
(z) 5 & 6 Will. 4, c. 76, s. 122.
(a) 5 & 6 Will. 4, c. 76, s. 124.
174
JUSTICE.
room in which the business of his office is trans-
acted, and also in the room wherein the justices
of the peace of such borough shall sit for transact-
ing their business, and also in the room wherein
the court of quarter sessions of the peace for the
borough shall be held, and also in the court of
record of the said borough (b).”
PART III.
PROVISIONS NOT COMING UNDER ANY
OF THE PRECEDING HEADS.
Reserved Rights of Freemen, &c.
It was the custom in many boroughs, before the
passing of the Municipal Corporation Act, to divide
the borough revenues among the freemen and bur-
gesses of the borough, instead of applying them to
public purposes: the act reserves to all those who
were freemen at the passing of the act, or might
subsequently become so by birth, marriage or ser-
vitude, their rights (subject, however, to the pay-
ment of all lawful charges upon the corporate
funds); and it requires the town clerk to keep a
list of freemen, to be called "The Freemen's Roll."
(b) 5 & 6 Will. 4, c. 76, s. 125.
SPECIAL PROVISIONS.
175
The act also reserves the rights of those, who,
at the passing of the act, were entitled to exemption
from corporate tolls (a).
Exclusive rights of trading in boroughs (b), char-
tered criminal and other jurisdictions (c), and char-
tered exemptions from juries (d), are abolished.
Temporary and Special Provisions.
The acts contain various provisions of a tem-
porary nature; such as those relating to the first
elections under the acts (e), and, in the case of
(a) As to freemen, see 5 & 6 Will. 4, c. 76, ss. 2-5; 6 &
7 Will. 4, c. 104, s. 9; 7 Will. 4 & 1 Vict. c. 78, s. 27; 1
& 2 Vict. c. 35.
(b) 5 & 6 Will. 4, c. 76, s. 14.
(c) Ib., ss. 107, 110.
(d) Ib., s. 123.
(e) See the various sections referred to in the first and
second parts of this work with respect to elections, and also
5 & 6 Will. 4, c. 76, s. 130. With respect to aldermen (half
of whom go out of office every three years) it was provided,
that the councillors immediately after the first election of
aldermen (which was appointed to take place in 1835) should
appoint which of the aldermen should go out of office in the
year 1838; and with respect to councillors (one third of
whom go out of office every year) it was declared that the
councillors to go out of office in 1836 should be those who
had received the smallest number of votes at the election of
councillors, and that the councillors to go out in 1837 should
be those who had received the next smallest number of votes;
the majority of the whole council determining who should
go out, in case of an equality of votes in regard to any of
the councillors. 5 & 6 Will. 4, c. 76, ss. 25, 31.
176
SPECIAL PROVISIONS.
aldermen (ƒ) and councillors (g), the selection of
those who were first to go out of office (h), the divi-
sion of the borough into wards (i), the removal of the
existing officers at the passing of the act and com-
pensation to them for the loss of their offices (j),
the setting aside of collusive leases, and other pro-
visions of a special character, such as those relative
to the cinque ports and dockyards, with which it
has not been deemed advisable to encumber this
work.
Municipal Boundaries.
Various provisions are made on this subject by
5 & 6 Will. 4, c. 76, ss. 7, 8; 6 & 7 Will. 4, c. 105,
s. 7, and 7 Will. 4 & 1 Vict. c. 78, s. 41.
No Certiorari, &c.
"No conviction, order, warrant, or other matter
made or purporting to be made by virtue of this
act shall be quashed for want of form, or removed
by certiorari or otherwise into any of his majesty's
courts of record at Westminster (k); and no war-
rant of commitment shall be held void by reason
of any defect therein, provided that it be therein
(ƒ) 5 & 6 Will. 4, c. 76, s. 25.
(g) Ib. ss. 27,31; and 7 Will. 4 & 1 Vict. c. 78, ss. 10, 12, 13.
(h) See ante, p. 175, n. (e).
(i) Ib. ss. 39-42.
(j) Ib. ss. 65-68.
(k) But see 7 Will. 4 & 1 Vict. c. 78, s. 44, ante, pp.
143, 144.
SPECIAL PROVISIONS.
177
alleged that it is founded on a conviction, and
there be a good and valid conviction to sustain the
same; and where any distress shall be made for
levying any money by virtue of this act the dis-
tress itself shall not be deemed unlawful, nor the
party making the same be deemed a trespasser, on
account of any defect or want of form in the sum-
mons, conviction, warrant of distress, or other pro-
ceedings relating thereto, nor shall the party dis-
training be deemed a trespasser ab initio, on ac-
count of any irregularity afterwards committed by
him, but the person aggrieved by such irregularity
may recover full satisfaction for the special damage,
if any, in an action upon the case (1).”
GRANT OF CHARTERS OF INCORPO-
RATION.
Crown may grant Charters of Incorporation, &c.
"And whereas sundry towns and boroughs of
England and Wales are not towns corporate, and
it is expedient that several of them should be in-
corporated;' be it enacted, that if the inhabitant
householders of any town or borough in England
7) 5 & 6 Will. 4, c.
Ripon, 7 A. & E. 417;
A. & E. 144.
76, s. 132. See R. v. Justices of
R. v. Justices of Lancashire, 11
I 5
178
GRANT OF CHARTERS
and Wales shall petition his majesty to grant to
them a charter of incorporation, it shall be lawful
for his majesty, by any such charter, if he shall
think fit, by advice of his privy council, to grant
the same, to extend to the inhabitants of any such
town or borough within the district to be set forth
in such charter the powers and provisions in this
act contained: provided nevertheless, that notice of
every such petition, and of the time when it shall
please his majesty to order that the same be taken
into consideration by his privy council, shall be
published by royal proclamation in the London
Gazette one month at least before such petition
shall be so considered (m)."
“If the inhabitant householders of any town or
borough in England or Wales shall petition his
majesty to grant to them a charter of incorpora-
tion, it shall be lawful for his majesty, by any such
charter, if he shall think fit by the advice of his
privy council to grant the same, to extend to the
inhabitants of any such town or borough within
the district to be set forth in such charter all the
powers and provisions of the said act for regulat-
ing corporations, whether such town or borough
be or be not a corporate town or borough, or be or
be not named in either of the schedules to the said
act: provided, nevertheless, that notice of every
such petition, and of the time when it shall please
his majesty to order the same to be taken into
consideration by his privy council, shall be pub-
(m) 5 & 6 Will. 4, c. 76, s. 141.
OF INCORPORATION.
179
lished in the London Gazette one month at least
before such petition shall be so considered, but
such publication shall not need to be by royal pro-
clamation (n)."
Expenses of obtaining Charters may be paid out of
Borough Rate.
"When any charter of incorporation shall hereafter
be granted by her majesty to any town or borough
in England or Wales, in pursuance of the provi-
sions of an act made and passed in the session of
parliament held in the fifth and sixth years of the
reign of King William the Fourth, intituled An
Act to provide for the Regulation of Municipal
Corporations in England and Wales, or of any act
or acts which have been or may be passed to amend
the same, it shall be lawful for the council of such
town or borough to pay the costs and expenses of
and in relation to such charter of incorporation, and
of and in relation to all elections, acts, and proceed-
ings under the same, out of any borough rate or
borough rates to be made for such town or bo-
rough (0)."
Corporations erected since 5 & 6 Will. 4, c. 76, to
be on a footing with Corporations named therein.
"In every case in which an existing or future
act, passed after the act of the sixth year of William
the Fourth, chapter seventy-six, for the regulation
of municipal corporations, or any provision of any
(n) 7 Will. 4 & 1 Vict. c. 78, s. 49.
(0) 13 & 14 Vict. c. 42, s. 3.
180
GRANT OF CHARTERS
such act, applies generally to the municipal cor-
porations specified in the schedules to that act, or
applies generally to municipal corporations in Eng-
land, every such act and every such provision shall
(except only so far as by any act hereafter passed
is otherwise expressly provided) extend and apply,
not only to every municipal corporation in England
specified in those schedules, but also to every muni-
cipal corporation in England erected after the pass-
ing of that act of the sixth year of William the
Fourth, and whether erected by charter under that
act, or otherwise." 16 & 17 Vict. c. 79, s. 2.
Sections 3 and 4 extend the operation of sect.
2, retrospectively, to acts done by corporations pre-
viously to the passing of this act, with a saving as
to actions commenced previously to the 18th of
March, 1853. And sect. 15 declares that this act
shall extend to all municipal corporations specified
in the schedules to 5 & 6 Will. 4, c. 76, or erected
since that act.
The case of Rutter v. Chapman.
The following important case was decided in the
Court of Exchequer Chamber, in 1841, upon a
charter granted under the 7 Will. 4 & 1 Vict. c.
78, s. 49 (stated above, p. 178), to the borough of
Manchester:-
A petition, which had been agreed upon at a
meeting of the ratepayers of the parliamentary
borough of Manchester, convened by public adver-
tisement, and which was, in fact, attended by 1000,
(and which petition was afterwards signed by 4000,)
OF INCORPORATION.
181
inhabited householders of the borough, was pre-
sented to her majesty, praying for the grant of a
charter of incorporation to the inhabitants of such
borough, under the provisions of the statute 1 Vict.
c. 78, s. 49. Afterwards, and before the day ap-
pointed for this petition being taken into consi-
deration by the privy council, a counter petition,
signed by 6000 of such inhabitant householders,
was presented to her majesty, praying her not to
grant such a charter. The whole number of in-
habitant householders of the borough amounted to
48,000. It was held, 1. "That the second petition
did not necessarily, in point of law, deprive her
majesty of the power to grant such charter upon
the first petition; but that whether the first petition
was, under all the circumstances, the petition of
the inhabitant householders of the borough, so as
to authorize the exercise of the powers conferred
by the 1 Vict. c. 78, s. 49, was a question of fact
for a jury; and that the determination of the privy
council to advise the crown to grant the charter
upon such petition, was not conclusive upon its
validity.
"2. The grant of such charter of incorporation
is an exercise of the common law prerogative of
the crown, although it also extends to the new
corporation the powers of the Municipal Corpora-
tion Act, 5 & 6 Will. 4, c. 76, which the crown has
power to do only by virtue of the 1 Vict. c. 78,
s. 49.
•
"3. Such charter may be granted to a part only
(to be defined therein) of the borough from the
182
GRANT OF CHARTERS
whole of which the petition emanated, and need
not be conferred upon the inhabitant householders
of the whole borough.
"4. The crown may, by its common law pre-
rogative, appoint in such charter the number, and
set out the limits, of the wards in the new borough.
"5. The crown may also, by such charter, dele-
gate to an individual the power of appointing the
first members of such corporation; or may, at all
events, appoint a person to ascertain the individuals
who compose the class to whom the charter is
granted. [Lord Denman, C. J., and Williams, J.,
diss.]
"6. The provisions of the 5 & 6 Will. 4, c. 76,
as to the machinery for the formation and revision
of the burgess lists, being applicable only to then
existing corporations, and to the particular period
at which that act took effect, need not be precisely
followed in the case of new corporations created
by charter under the powers conferred on the crown
by the 1 Vict. c. 78, s. 49, but may be followed
cy-près (p). Therefore, the appointment, in such
charter, of individuals named therein, to make out
and revise the lists, and to act as returning officer
at the first election under such charter, is good.
So also, days for holding the first elections, though
not agreeing with those named for the elections in
the 5 & 6 Will. 4, c. 76, may be appointed by such
charter.
"7. Nor is such charter void because it directs
(p) That is, as closely as possible.
OF INCORPORATION.
183
<
the person appointed to make out the first list to
include in it only all inhabitant householders
within the borough who shall possess the qualifi-
cation required by the 5 & 6 Will. 4, c. 76,' in-
stead of including also all persons occupying shops
&c. within the borough, and being inhabitant house-
holders residing within seven miles thereof, accord-
ing to the schedule to that act." [Williams, J.,
dubitante (q).]
(q) Rutter v. Chapman (in error), in the Exchequer
Chamber, 8 M. & W. 1. See also the cases of Reg. v.
Taylor, 11 A. & E. 949; Reg. v. Bourchier, 2 G. &' D.
737; 3 Q. B. 641.
[A concise summary of the contents of the Royal Charter
of Incorporation recently granted to the Town of Brigh-
ton, and made public since the foregoing sheets were in
type, may not be deemed out of place here.]
The charter is dated 1st April, 1854. After reciting the
7 Will. 4 & 1 Vict. c. 78, s. 49 [stated ante, p. 178], the
fact of the petition from the inhabitants-the taking of the
petition into consideration by the Privy Council-and the
advice of the Privy Council, that the charter should be
granted and reciting that "the boundaries of the said town
of Brighton are for the purposes of this charter" to be the
same as the boundaries of the parish of Brighton-the char-
ter proceeds to constitute the inhabitants of the town of
Brighton and their successors a body corporate by the name
of The Mayor, Aldermen and Burgesses of the Town of
Brighton," with perpetual succession, &c. It then proceeds
to extend to them all the powers and provisions of the Mu-
nicipal Corporation Act, and of all acts for amending the same.
After empowering the body corporate to have a common seal
and armorial bearings, the charter then authorizes the cor-
poration to purchase and hold lands and other possessions to
any value in the town of Brighton, and to the value of
£10,000 per annum out of the town.
The charter then declares that the council of the borough
184
A SUMMARY.
shall consist of a mayor, twelve aldermen, and thirty-six
councillors; and declares that their election, qualification,
powers, duties, &c. shall be the same as those of the same
officers in the boroughs enumerated in the Municipal Cor-
poration Act; and that the qualification of the burgesses
shall be the same as if Brighton had been included in the
first section of the Schedule (B.) to the Municipal Corpora-
tion Act annexed.
It is then declared that the borough shall be divided into six
wards (the names and boundaries of which are specified),
and that each ward shall return six councillors.
The charter then proceeds to appoint a person to make
out the burgess lists, and the lists of claims and objections,
specifies the dates for the preparing of these lists, and for the
making of claims and objections, and contains various direc-
tions on the subject of claims and objections, substantially
the same with the provisions on the same subject in the Mu-
nicipal Corporation Act. A barrister is then appointed to
hold the Court of Revision on a day named, and the person
charged with the duty of preparing the burgess lists is
directed to make out, on or before the 20th May following,
the burgess roll, which is to be the burgess roll of the bur-
gesses entitled to vote in the choice of councillors, assessors
and auditors, at any election which may take place before
the 1st November following.
The charter then declares that the first election of coun-
cillors shall be holden on the 30th May next; that the first
aldermen shall be elected and assigned to their respective
wards on the 7th June; that the councillors, immediately
after the first election of aldermen, shall appoint who shall
be the aldermen to go out of office on the 9th November,
1856, and that thereafter those who shall go out of office
shall be those who have been aldermen for the longest time
without re-election (r); that the first mayor shall be elected
on the 7th June; and that the first election of auditors and
assessors shall take place on the 3rd July.
The charter concludes by naming a person to act as re-
turning officer at such election of mayor, aldermen, coun-
cillors, auditors and assessors, and at any subsequent election
which it may be necessary to hold before a valid election
could be held under the Municipal Corporation Act.
(r) As to which councillors were first to go out of office
under the Municipal Corporation Act, see ante, p. 175, n.
INDEX.
ABSENCE,
of mayor and other officers, vacates the office, and subjects.
to fine, 84.
ACCOUNTS,
to be kept, audited and published, 148-150.
to be sent to secretary of state annually, 149, 150.
separate, of certain funds, 133, 150.
who may inspect, 111, 148-150.
summary proceeding against officers refusing to account, 92.
to be made out by county treasurer. 154, 155, 156.
ACTIONS,
by clerk to visiting justices, 154.
for penalties, &c., against officers, &c., 87, 88, 89, 91, 102.
ACTS (LOCAL),
provisions of, as to watching, to cease, 137.
powers and trusts of, vested in council, 138, 139.
trustees of, may transfer their powers to council, 139.
offences against, to be tried by justices, 163.
ADJOURNMENT,
of court of revision, 15, 18.
of council meetings, 107.
of court of quarter sessions, 169.
ADVOWSONS,
belonging to corporations, 142.
ALDERMAN OF THE WARD,
appointment and duties of, 45-48.
ALDERMEN,
number, qualifications, and election of, 25-32, 175, n.
period of service, 25, 26, 175, n.
outgoing aldermen, powers of, 21, 25, 26.
first elections of, 175, n., 184.
extraordinary vacancies in, 26, 82-86.
declaration to be made by, 77.
once every three years, 28.
fine on,
for non-acceptance of office, 79, 81.
powers, duties and privileges of, 29.
186
INDEX.
ALDERMEN-continued.
penalties for neglect of duty, 29, 86, 94.
for acting without being qualified, 88.
for acting as clerk to justices, 91.
not to be interested in gaol contracts, 94.
of wards, 45-48.
ALIENS,
cannot be burgesses, 1, 5.
AMOTION,
of corporate officers, 85.
ARBITRATION,,
between counties and boroughs, 154, 155.
ASSAULTS,
on constables, 135.
ASSESSORS,
of the borough,
election of, 51.
duties of, in revising lists, 15-18, 51.
at elections, 37, 41, 42, 51.
of wards,
election of, 51.
duties of, 45, 46, 48, 52.
qualifications, &c. of, 31, 49, 52, 53.
whether outgoing may be re-elected, 53.
extraordinary vacancies in, 35, 53, 82.
declaration to be made by, 77.
fines on, for non-acceptance, 79-81.
penalties on, for neglect of duty, 86.
for acting without being qualified, 88.
deputy assessors, 54.
ASSISTANT-BARRISTER, 169, 170.
ASSISTANT CLERK OF THE PEACE, 169, 170.
ATTORNEY,
of corporation, must be appointed under seal, 104.
may be a borough justice, 158.
may practise in borough court of record, 171, 172.
AUDITORS,
elective,
qualifications and election of, 31, 49, 50.
whether outgoing may be re-elected, 50.
mayors, appointment of, 50.
duties of, 49, 50, 51, 149, 150.
declaration to be made by, 77.
fines for non-acceptance of office, 79, 81.
penalties for acting without being qualified, 88.
INDEX.
187
BANKRUPTCY of mayor or other officer vacates the office, 83, 84.
BARRISTER, ASSISTANT, 169, 170.
BATHS AND WASHHOUSES, public, 126, 127.
BENEFICES belonging to corporations, 142.
Books,
of account, inspection of, 111.
minute, 108-110.
BOROUGH FUND,
sources from which supplied, 140, 141, 142.
application of, 143.
application of surplus of, 144, and n.
remedy for misapplication of, 144.
BOROUGH JUSTICES, 63, 157, and see JUSTICES.
BOROUGH RATES, 144–148; and see RATES, Borough.
BORROWING of money by council, 124, 126, 127, 131, 132.
BOUNDARIES, municipal, 176.
BRIBERY, penalties, &c. for, 2, 31, 89, 90, 94.
BRIDGES, repairing and improving of, 132.
BRIGHTON, form of charter granted to, 183, n.
BUILDING, repairing, &c. of public works and buildings, 129—
133.
BURGESSES,
qualifications and disqualifications of, 1—6.
privileges of, 20.
quo warranto to try their right, 98-101; and see BURGESS
LISTS and BURGESS ROLL.
BURGESS LISTS,
preparation of, 8—10.
copies to be fixed on door of town hall, 8, 9.
to be printed for sale, and kept for inspection, 8, 9.
form of, 9.
remedy for burgess improperly kept off, 10, 97.
claims to be put on, 10-18; and see CLAIMS.
objections to names on, 10-18; and see OBJECTIONS.
revision of, 15—18.
BURGESS ROLL,
preparation of, 18, 20.
copies to be made for sale, 19, 20.
persons on, are alone burgesses, 1-4.
are exclusively entitled to be elected councillors, 30,
32, and n.
and to vote for councillors, 36, 37.
period for which it is in force, 19, 20.
mandamus to compel mayor to add a name to, 97.
not to be questioned for defective title of mayor, &c., 101.
188
INDEX.
BYE-LAWS,
in general, 111, 127, 171.
for government of borough, 140.
CASTING VOTE,
in elections of aldermen, 27, 28.
in elections of councillors, 41, 42, 175, n.
of chairman at meetings of council, 108, 109.
CERTIORARI, &c., 143, 161, 176.
CHARITIES,
provisions as to, 138.
receipt of, a disqualification, 6, and n.
CHARTERED RIGHTS, &c., 174, 175.
CHARTER OF INCORPORATION,
grant of, 177-184.
expenses of, may be paid out of borough rates, 179.
form of, granted to Brighton, 183, n.
CHURCHWARDENS AND OVERSEERS to levy borough rates, 147, 148.
CLAIMS to be put on Burgess Lists,
notice of, when to be given, 10, 11.
form of, 12.
lists of, to be made and hung up, 12.
copies of, for inspection and sale, 12.
form of, 14.
proceedings as to, at court of revision, 15-18.
CLERGYMEN, &c., cannot be councillors, 31.
CLERK OF THE PEACE, 62, 63, 165, 166, 169, 173.
assistant, 169, 170.
CLERK TO THE JUSTICES,
appointment and disabilities of, 64, 159.
fees of, 173.
penalties on aldermen, &c., acting as, 91, 159.
COLLECTORS OF POOR RATES to attend court of revision, 15-17.
COMMISSIONERS, PUBLIC LOAN, for what purposes may advance
money, 124, 127, 132.
COMMITTEES appointed by council, 111.
CONSTABLES,
appointment, dismissal and powers of, 134-137.
wages and allowances of, 136.
penalties for assaults on, 135.
penalties on, for neglect of duty, 135.
superanuation fund, 136, 151.
special constables, 137.
CONTRACTS,
interest in, a disqualification, 31, 32, and n., 33.
by corporations, must be under seal, 104.
INDEX.
189
CONTRACTS-continued.
for use of county gaol, 114.
of borough gaols, 115, 119.
of district prisons, 118.
of lunatic asylums, 122.
for building of district prisons, 116.
for building and repair of public works and buildings, 121-
133.
CONTRIBUTION of boroughs to county expenditure, 152-157.
CONVICTION, form of, 161, 176.
Coroner,
appointment of, 66.
duties and emoluments of, 68-70.
to make annual returns, 69.
deputy coroner, 70.
CORPORATIONS, new, to be on a footing with old ones, 179, 180.
COUNCIL,
of whom it consists, 105.
meetings of, 105–110.
may appoint committees, 111.
may make bye-laws, 111.
powers and duties of in general, 113, 140.
contracts by, for use of county gaols, 114.
of gaols of other boroughs, 115.
of district prisons, 118.
of borough gaol by county, 119.
powers of, as to lunatic asylums, 124.
public libraries and museums, 125, 126.
public baths and washhouses, 126.
public health act, 128.
removal of nuisances, 111, 128.
building, repairing, &c., of public works and buildings,
129-134.
police and watch committee, 134–136.
lighting, 139, 140.
making and levying rates, 144–148.
control over expenditure, 120, 150, 151.
powers and trusts in acts of parliament, vested in, 138,
139.
trustees of local acts may transfer powers to, 139.
general government of borough, 140.
order for payment of money by may be removed by certiorari,
143.
duties in reference to county expenditure, 152–157.
COUNCIL-HOUSE, building of, 130.
COUNCILLORS,
number of, 30.
apportionment of, among the wards, 30, 45.
190
INDEX.
COUNCILLORS-continued.
qualifications and disqualifications of, 30, 31.
elections of, 34-48; and see ELECTIONS.
first elections of, 175, n., 184.
declaration to be made by, 77.
privileges of, 34, 172.
fines on, for non-acceptance of office, 79-81.
penalties on, for acting without being qualified, 88.
for acting as clerk to justices, 91.
COUNTY,
prisons, 114, 153, 154.
lunatic asylums, 121–123.
contracts with boroughs for use of county gaol, 114.
of borough gaol, 119.
for erection and mutual use of lunatic asylums, 121—
123.
and borough, financial relations between, 152-157, 121—
123.
expenditure, liability of boroughs to, 152-157, 121–123.
arbitration between counties and boroughs, 154, 155.
rates, 152, 164.
COUNTY COURT,
borough justices may contract for use of, 163.
COUNTY VISITING JUSTICES and their Clerk, 154.
COURT-HOUSES, providing of, 131, 146, 162, 163.
COURT OF REVISION, 15-18.
district, 118.
of quarter sessions, 164–170.
of record, 170-172.
CRIER OF COURT, 169, 170.
DEAD MEN'S names to be struck out of Burgess Lists, 15, 17, 18.
DEATH of Corporate Officer, 86.
DEBTS, corporate, payment of, 142.
DECLARATION,
of election of aldermen, 27.
of councillors, 41, 42.
to be made by mayor, aldermen, councillors, auditors and
assessors, 77.
by recorder and justices, 78, 79.
by aldermen every three years, 28.
under stat. 9 Geo. 4, c. 17..73.
DEEDS, 57; and see RECORDS.
DEPUTY ASESSSOR, 54.
DEPUTY CORONER, 70.
DEPUTY MAYOR, 24.
INDEX.
191
4
DEPUTY RECORDER, 167.
DISQUALIFICATIONS,
of burgesses, 1, 2, &c.
of councillors, 31.
perpetual, 94.
notice of, must be given at election, 39.
DISSENTING MINISTERS cannot be councillors, 31.
DISTRESS WARRANTS by justices, 160, 161, 163, 176.
DISTRICT COURTS, 118.
DISTRICT RATES, 147, 148.
ECCLESIASTICAL PREFERMENTS belonging to Corporations, 142.
ELECTIONS,
parliamentary, 23 and
municipal,
of mayor, 21, 22.
n.,
29.
of aldermen, 25-28.
of councillors, 34-48.
ordinary annual, 34.
extraordinary, 35, 36.
who entitled to vote at, 36.
proceedings at, 37–48.
in undivided boroughs, 37-44.
in wards, 45-48.
casting vote at, 41, 42.
declaration of result of, 41, 42.
of auditors, 49.
of assessors, 52, 53.
mandamus to compel, 97.
held before officers with defective titles, 101.
prevented by accident, 95.
to have precedence of other business, 106.
who to preside at, 44.
first elections, &c., 175 and n.
penalties for bribery at, 89, 90.
penalties on mayor, &c., for breach of duty as to, 86.
ENROLMENT of Burgesses, 1, 4, 5, 6, n.
EXCHEQUER LOAN COMMISSIONERS,
may advance money to councils, 137.
EXEMPTIONS from serving Corporate Offices, 79–81.
EXPULSION of Officers, 85; and see AMOTION.
EXTRAORDINARY VACANCIES,
in general, how they may happen, 82-86.
of mayor, 21.
alderman, 26.
councillor, 35.
auditor, 35, 82.
assessor, 35, 53, 82.
192
INDEX.
EXTRAORDINARY VACANCIES-continued.
several to be filled up at once, 43.
whether they can be filled up at same time as ordinary
vacancies, 43, 44.
FEES to be taken by Officers of Courts, 173.
tables of, to be hung up, 173.
FINANCE, Borough, 140-157.
FINES,
for non-acceptance of office, 79-81.
for resignation of office, 83.
for absence from office, 84.
for offences against act, 160, 161.
for breach of bye laws, 111-113.
for assaults on constables, 135.
on constables, 135.
and see PENALTIES.
FREEMEN, reserved rights of, 174.
FUND, BOROUGH, 140 et seq.; and see BOROUGH FUND.
GAOL RATES, 132, and see RATES, BOROUGH.
GAOLER, appointment of, 120.
GAOLS, Councillors not to be interested in, 31, 94; and see
PRISONS.
GRANTS OF CHARTERS of Incorporation, 177-183.
HEALTH ACT, Public, application of, 127.
HOUSE, what is a, under the act, 2, n. (a)
HOUSE OF CORRECTION; see PRISONS.
HOUSEHOLDERS, burgesses must be, 1, 3, 4, and n.
must reside within seven miles, ibid. and 6, n.
IMPROVING Acтs, 139; and see ACTS, LOCAL.
INFANTS cannot be burgesses, 1, 2.
INHABITANT HOUSEHOLDERS, burgesses must be, 3, 4, and n., 6,
and n.; and see HOUSEHolders.
INQUESTS,
coroner to make annual returns of, 69.
before deputy coroners, 70.
INSPECTION,
of burgess lists, &c., 8, 9, 12.
of minutes and orders of council, 108-111.
of treasurer's books, 108-111.
INSPECTORS OF WEIGHTS AND MEASURes,
appointment of, 155, 169.
་
INDEX.
193
JEWS' declaration on admission to office, 76.
JURIES, who liable to serve on, 172, 175.
JUSTICES, BORough,
appointment, qualifications, and residence of, 63, 157, 158.
declaration to be made by, 78, 79, and n.
to compel officers to account, 92.
removal of nuisances, 128, 129.
to provide lunatic asylums, 121, 122.
to regulate gaols, 120.
powers of, in reference to police, &c., 134-137.
special constables, 137.
powers in general, 160-164.
summary convictions by, 92, 135, 137, 160, 161, 163, 164.
sittings of, to be a petty sessions, 162.
JUSTICES, COUNTY,
have jurisdiction in certain boroughs, 158.
LEASES of corporate property, 142, 176.
LIBRARIES AND MUSEUMS, public, 125–126.
LIGHTING, Powers of council as to, 139, 140.
LIGHTING ACTs, 139, 140; and see ACTS, LOCAL.
LISTS, BURGESS, 8-18; and see BURGESS LISTS.
LISTS, WARD, 19, 20.
LOANS, for what purposes, may be raised by council, 124, 126, 127,
131, 132, 133.
LOCAL ACTS, 137, 138-140; and see ACTS, LOCAL.
LODGERS not entitled to be burgesses, 2, 3, n. (a).
LUNATIC ASYLUMS,
what boroughs to provide them, 121.
contributions of boroughs to expenses of county asylums,
122, 123, 156, 157.
power to raise money for providing them, 123.
separate accounts to be kept as to, 150.
MAGISTRATES, STIPENDIARY, 65.
MANDAMUS, 96-98.
MAYOR,
election of, 21.
period of service of, 21.
extraordinary vacancies in, 21, 82-86.
privileges and salary of, 22.
powers and duties of in general, 22, 23.
duties in revision of burgess lists, 15-18.
in election of aldermen, 25-28.
of councillors, 35–44.
K
194
INDEX.
MAYOR continued.
provision for death, absence, or incapacity of, at elections,
29, 44.
meeting of council on death or resignation of, 105.
may appoint an assessor pro tem., 53.
a town clerk pro tem., 57.
may call meeting of council whenever he thinks proper, 107.
declaration to be made by, 77.
fine on, for non- acceptance of office, 79-81.
penalties on, for acting without being qualified, 88.
for neglect of duty, 86.
deputy-mayor, 24.
MEETINGS OF COUNCIL,
notice of, 105.
notice of business at, 107.
summonses to attend, 107.
quarterly, 106, 107, 150.
special, 107, 129.
adjourned, 107.
proceedings at, 108.
minutes of, 108.
MINUTES of council, 108-110.
MISNOMER not to invalidate, 11, n.
MISTAKES in burgess lists, to be corrected at the revision, 15, 17.
MORAVIANS' declaration on admission to office, 75.
MORTGAGE,
of borough funds, 124, 127.
rates, 124, 126, 132, 133.
lands, 132.
of gaol rates, 132.
MUSEUMS AND LIBRARIES, Public, 125, 126.
NAME of Corporations, 104.
NEWSPAPER, share in, not an interest in a contract, 32, 33
and n.
NOTICE,
of meeting of council, 105, 107.
of business at, 106, 107, 108.
NUISANCES, removal of, 111-113, 128.
OATHS, to be taken by all Corporate Officers, 77.
to be taken by recorder and justices, 78, 79.
INDEX.
195
OBJECTIONS to Names on Burgess Lists,
notices of to be given, 11, 12.
form of notice, 13.
lists of to be made and hung up, 12.
copies of, for inspection and sale, 12.
form of, 14.
proceedings as to, at revision of lists, 15-18.
OCCUPATION,
for what period necessary to make a burgess, 1, 2, and
n. (a).
how reckoned in cases of descent, &c., 3, n. (b).
as to joint occupiers, 3, n. (a).
different tenements under same roof, 2, n. (a).
removal, no disqualification, 3, n. (b).
OFFICES,
declaration and oaths on admission to, 73-77.
fines for non-acceptance of, 79-81.
exemptions from serving, 79, 82.
extraordinary vacancies in, how they may happen, 82-86.
non-acceptance of, 82.
resignation of, 82.
amotion from, 85.
incompatible, 82, 83.
perpetual disqualifications from, 94.
how the right to may be enforced, 96, 97.
how contested, 98-101.
OFFICERS OF CORPORATIONS,
general provisions relating to, 73–103.
declaration and oaths to be made by, 73–77.
certain, must accept office or pay a fine, 79-81.
may resign, 82.
may be amoved, 85, 176.
how they may enforce their rights to their offices, 96, 97.
how their title may be contested, 98-101.
defect in title of, not to invalidate their acts, 101.
certain, appointed by council, 72.
to be appointed under seal, 104.
summary proceeding to compel them to account to
council, 92.
of gaols, 120.
of court of record, 171, 173.
certain, cannot be councillors, 31, 32, and n.
OMISSIONS,
in burgess lists, to be supplied at the revision, 15, 17.
OVERSEERS,
appointment of, 163, 164.
interpretation of the word, 8, n.
to prepare burgess lists, 8-10.
keeping copies for inspection, 9.
1
K 2
196
INDEX.
OVERSEERS-continued.
to attend court of revision, with their books, 15-18.
expenses of, how defrayed, 8.
penalties on, for neglect of duty, 86.
to levy borough rates, 147, 148.
majority of them may act, 9, n. (o).
not officers, within sect. 58, 71.
PAROCHIAL Relief,
receipt of, a disqualification, 2, 6, and n.
PAVING ACTs, 138, 139, and see ACTS, LOCAL.
PAYMENT of certain rates necessary to entitle one to be a burgess,
1, 4, 5, and n.
PENALTIES,
on certain officers,
for neglect of duty as to burgess lists, 86.
for acting without being qualified, 88.
as to actions for, 91.
for bribery at municipal elections, 89, 90.
for not removing nuisances, 129.
on constables, for neglect of duty, 135.
for assaults on constables, 135.
for breach of bye-laws, 111.
for offences against act, 160, 161.
PENSIONERS of borough charity not to be burgesses, 2, 6, and n.
PETTY SESSIONS, 162, 163.
POLICE, 134-137.
POLICE MAGISTRATES, 65.
POLICE OFFICE to be provided, 130, 162.
POLL, at elections of councillors, 37, 38, 39.
POLL CLERKS may be appointed, 39, 40.
POLLING BOOTHS AND POLLING PLACES, 39, 40.
POOR RATE COLLECTORS, to attend court of revision, 15, 17.
POOR RATES,
liability of corporate property to, 142.
powers of justices in relation to, 164.
PRESENTATIONS, ecclesiastical, belonging to corporation, 142.
PRISONERS,
committed under gaol contracts, where to be tried, 115, 116.
expenses of, how defrayed, 146, 153.
committed to county gaol, expenses of, 153, 154.
what, may be tried at borough sessions, 167, 168.
INDEX.
197
PRISONS,
what boroughs must provide them, 114.
contracts for use of county gaol, 114.
of borough gaol, 115.
of district prisons, 118.
by county, of borough gaol, 119.
district prisons, 116.
county prisons, 153.
regulation of, 120.
appointment of surgeon, gaoler, &c., 120.
building and repairing, &c. of, 129-132, 156.
of district prisons, 116, 117.
officers, &c., not to be interested in contracts relating to, 94.
PROPERTY, CORPORATE,
management of, 141.
rateability of, to poor, 142.
PROSECUTION,
of borough offenders, expenses of, how defrayed, 153.
justices' clerk not be interested in, 159.
PROTECTION of officers, &c., against actions, 102.
PUBLIC WORKS LOAN COMMISSIONERS, may advance money to
councils, for what purposes, 124, 127.
QUAKERS' declaration on admission to office, 75.
QUALIFICATION,
of burgesses, 1, 2, &c.
aldermen, 28.
declaration of, 28.
councillors, 30, 31.
penalties for acting without being qualified, 88.
of borough justices, 63, 157.
declaration of, 28, 77.
QUARTER SESSIONS, 164-170; and see SESSIONS, BOROUGH.
QUESTIONS,
that may be asked of voters, 39, 40.
penalties for answering falsely, 41.
QUO WARRANTO, &c., 98, 101.
RATE BOOKS to be produced at revision of lists, 18.
RATES, BOROUGH,
when and how to be made and levied, 144, 147, 148.
recorder not to make or levy, 168.
appeal against, 145, 168.
what expenses may be paid out of, 145, 146, 179.
surplus of, how to be applied, 148.
for lunatic asylums, 123, 146.
198
RATES, BOROUGH
INDEX.
continued.
for libraries and museums, 125, 146.
for baths and washhouses, 126, 146.
for building prisons, &c., 146, 148.
for expenses of prisoners committed to county prisons, 146,
153, 154.
gaol rates, 132.
watch rates, 146, 147, 168.
district rates, 147, 150, 163, 168.
mortgage of, 124, 126, 132, 133.
RATES, COUNTY,
what boroughs liable to, 152.
borough justices not to assist in making, 164.
RATES, POOR, 142, 147.
RATING,
what necessary to be on the burgess lists, &c., 1—7, n.
how occupiers may claim to be rated, 7, 8.
RECORD, BOROUGH COURT OF, 170-172.
RECORDER,
appointment, &c., of, 61.
powers and duties of. 61, 165-170.
disabilities of, 62, 165, 166.
declaration and oaths to be made by, 178, 179, and n.
when judge of court of record, 170.
deputy recorder, 167.
RECORDS OF THE BOROUGH to be in custody of Town Clerk, 57.
REGISTRAR OF COURT OF RECORD, 171, 173.
REMOVAL, where no disqualification, 3, n. (b).
RESIGNATION of corporate offices, 83.
REVISION of Burgess Lists,
court of, 15-18.
ROLL, BURGESS, 18-20; and see BURGESS ROLL.
SALARIES of Officers, &c., how defrayed, 143.
SEAL, CORPORATE, 104.
SEPARATISTS' declaration on admission to office, 75..
SESSIONS, BOROUGH QUARTer,
grant of, 164, 167.
jurisdiction and holding of, 167, 170.
adjournment of, 169.
division of, 169.
SESSIONS, COUNTY QUARTER, 164.
SESSIONS, GAOL, 120.
SESSIONS, PETTY, 162, 163.
INDEX.
199
SHERIFF, 71.
SPECIAL Constables, 137.
STIPENDIARY MAGISTRATES, 65.
SUMMONSES to attend Council Meetings, 107.
Justices, 160, 161, 176.
SUMMARY CONVICTIONS, 92, 135, 137, 160, 161, 163, 164.
SUNDAY, Elections, &c., falling on, 21, n.
SUPERANNUATION FUND, Police, 136, 150.
SURGEON, Gaol, appointment of, 120.
TOLLS, exemptions from, 175.
TOWN CLERK,
appointment and salary of, &c., 54, 55.
duties, &c., in general, 54-57.
as to burgess lists, &c., 8, 9, 11, 12, 14, 15, 18, 19.
cannot be auditor, 49, 50.
assessor, 49-50, 52.
refusing to account, summary proceeding against, 92.
penalties on, for neglect of duty, &c., 86.
provision for death or incapacity of, 57.
TOWN HALL, building, &c., of, 130.
TREASURER, BOROUGH,
appointment, salary, &c., of, 58, 60.
cannot be auditor or assessor, 49, 50.
functions and duties of, 60, 148–151.
to keep accounts, 148-151.
to keep separate accounts of particular funds, 133.
his account books may be inspected, 111.
what he is to carry to borough-fund, 140, 141, 142.
expenses as to prisoners, &c., which he is to pay, 153, 154.
refusing to account, summary proceedings against, 92.
TREASURER, COUNTY, his duties in relation to boroughs, 154,
155, 156.
TRUSTEES of local acts, their powers vested in council, 138, 139.
TRUSTS,
of local acts vested in council, 138, 139.
charitable, 138.
VACANCIES, extraordinary, in offices, 43, 44, 82-86; and see
EXTRAORDINARY VACANCIES.
VESTRY CLERK to attend court of revision, 15-17.
VOTERS, questions that may be asked of, 40, 41.
VOTES, thrown away, 39.
200
INDEX.
VOTING PAPERS,
at elections of aldermen, 27, 56.
of councillors, 37, 38, n. 42, 56.
WARD ASSESSORS, 45, 52-54; and see ASSESSORS, WARD.
WARD LISTS to be prepared by town clerk, 19, 20; and see BUr-
GESS ROLL.
WARDS,
division of boroughs into, 30, 45, 176, 182.
aldermen of, 45, 46.
assessors of, 45, 46.
elections in, 45-48, and 37, n.
burgess not to vote in two wards, 47, and n.
burgess having property in two, must select one, 46, 47,
and n.
councillor elected in two, must choose one, 47, 48.
WASHHOUSES AND BATHS, public, 126, 127.
WATCH COMMITTEE, powers and duties of, 134-137.
WATCH RATES, 146, 147, 168; and see RATES, BOROUGH.
WATCHING ACTS, 139; and see AcTS, LOCAL.
WATER SUPPLYING ACTS, 139; and see ACTS, LOCAL.
WEIGHTS AND MEASURES, what boroughs liable to contribute to
county for cost of, 155.
appointment of inspectors of, 169.
THE END.
LONDON:
PRINTED BY C. ROWORTH AND SONS,
BELL YARD, TEMPLE BAR.

921 JAN 30
pl

+
FEB 14-1958
APR 25


UNIVERSITY OF MICHIGAN
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