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 THE 
 
 ENGLISH MUNICIPAL CODE: 
 
 BEING THE 
 
 MUNICIPAL CORPOEATIONS ACT, 1882 
 
 (45 & 40 Victoria, Chapter 50) ; 
 
 WITH HISTORICAL INTRODUCTION, NOTES, COMMENTS, 
 
 AND REFERENCES; 
 
 -THE GENERAL ORDEES OF THE JUDGES 
 
 ■ UNDER THE CORRUPT PRACTICES (MUNICIPAL ELECTIONS) ACT, 
 AND ALSO UNDER THIS ACT ; 
 
 A STATISTICAL APPENDIX, 
 
 AND 
 
 A COMPEEHENSIYE INDEX. 
 
 THIRD EDITION, 
 (WITH FURTHER NOTES AND COMMENTS), 
 
 AND INCLUDING 
 
 THE STATUTES PASSED AND CASES REPORTED 
 
 FROM 1882 TO 1888, 
 WHICH AFFECT MUNICIPAL CORPORATIONS: 
 
 Sir J. R. SOMERS VINE, F.S.S. 
 
 ACTHOE OF "ENGLISH MUNICIPAL INSTITUTIONS— THEIR GKOWTH AMD DEVELOPMENT;" AND EDITOR 01 
 
 " THE COUNTY COMPANION" AND "THE MUNICIPAL CORPORATIONS COMPANION AND 
 
 YEAR BOOK OP STATISTICS," cStC, &C., &0, 
 
 LONDON : 
 
 WATERLOW & SONS LIMITED, LONDON WALL, E.G. 
 
 188 8. 
 
 

 
 
 
 ?R 00X1920 
 
 
 L-
 
 
 CONTENTS 
 
 e/j 
 
 >- 
 ce 
 •< 
 a: 
 
 00 
 
 Title Page 
 
 Contents Table ....... 
 
 Preface (Third Edition) ..... 
 
 Dedication (First and Second Eihtioxs) 
 Preface (First and Second Editions) . 
 
 Nature and Constitution op Municipal Corporations 
 History of the Exglish Municipalities 
 The Municipal Corporations Act, 1882 
 
 Schedules to ditto 
 
 HI 
 
 vu 
 
 IX 
 
 1 
 
 3 
 13 
 
 201 
 
 9 
 
 o 
 
 Ul 
 
 o 
 
 :j3 
 
 Ob 
 
 cxs. 
 
 Appendix : — 
 
 General Rules made by Judges, Nov. 20, 1872 . . . 215 
 
 Additional ditto ditto Dec. 10, 1872 . . 222 
 
 Ditto . ditto ditto Jan. 27, 1875 . . . 223 
 
 General Rules made by Judges under Part IV. of this 
 
 Act, April 17, 1883 224 
 
 Time Table op Municipal, &c., Duties .... 233 
 
 Municipal Cities and Boroughs in England and Walks . 238 
 
 Acts of Parliament (affecting Municipal Corporations) 
 
 passed between 1882 and 1888 242 
 
 List of Casks quoted . 
 
 . 305 
 
 General Index 
 
 307 
 
 433366
 
 PEEFACE TO THIRD EDITION. 
 
 rrillE first edition of this Book was exhausted within a very few 
 weeks of its publication, and a second and larger issue having 
 been long out of print, a new edition was rendered desirable, as much 
 from the point of view of a pressing demand as the necessity for 
 incorporating the provisions of subsequent legislation. 
 
 Notes on the practice and references to decisions which have arisen 
 on the working of the Act, together with a full digest of those 
 enactments whieli specially affect its sections, have been added 
 to this edition, and the needful corrections thereon made in 
 the Ajopendix and elsewhere ; but a desire to maintain the work 
 as a cheap legal and practical text book dictated the omission 
 of Acts, passed between 1882 and 1888, which have only a 
 general application to Municipal Corporations in common with other 
 authorities. 
 
 The list of Cities and Boroughs, with the population of each place 
 according to the census of 1881, has been corrected to the 1st of 
 January in the present year. 
 
 The Appendix (page 286) also contains an abstract of the clauses 
 contained in the Local Grovernment (England and Wales) Act, passed 
 in the present Session of Parliament, which materially concern the 
 corporate Cities and Boroughs of England find "Wales ; and references 
 to the important amendments made by that Act will be found in 
 their proper places throughout the book- 
 
 J. R. SOMEES VINE. 
 
 September Ibt/i, 1888.
 
 (FinST EDITION.) 
 
 TO THE 
 
 RIGHT HON. SIE WM. YERNON HARCOURT, aC, M.R 
 
 ETC. ETC. ETC. 
 
 HER MAJESTY'S SECRETARY OF STATE FOR THE HOME DEPARTMENT, 
 
 EaUALLY DISTINGUISHED AS 
 
 A LAWYER AND A STATESMAN, 
 
 THIS VOLUME IS (WITH PERMISSION) RESPECTFULLY DEDICATED 
 
 BY 
 
 THE EDITORS.
 
 PEEFACE TO FIRST AND SECOND EDITIONS. 
 
 iniFTT years' experience of the working of the Municipal Corpo- 
 rations Act of 1835 revealed many shortcomings. These were 
 chiefly due to the difficulty of dealing with existing laws, statutes, 
 and usages, charters, grants, and letters patent, so as to effectually 
 provide against injustice when bringing their operations within the 
 scope of a uniform measure. Progressive legislation effected many 
 important changes which required corresponding modifications of the 
 original Act. The Municipal Corporation Elections Act, 1869, 
 shortening the term of residence and admitting women to the 
 municipal franchise, the Ballot Act, and the Corrupt Practices 
 (Municipal Elections) Act, 1872, the Municipal Elections Act, 
 1875, the Municipal Corporations (New Charters) Act, 1877, the 
 Parliamentary and Municipal Registration Act, 1878, and the Town 
 Council and Local Boards Act, 1880, diffiised the law through 
 many channels and eventually rendered consolidation a matter of 
 imperative necessity. 
 
 While the Act dealt with in this volume, is, to use the words of 
 Mr. Hibbert, the member for Oldham, one intended " merely to 
 consolidate all municipal Acts relating to England," it at the same 
 time effects by no means unimportant alterations and amendments, 
 most of which are more particularly noticed under the severaJ 
 sections in which they appear.
 
 X PRRFACE. 
 
 The Act has now been before the public for some weeks, but it 
 is doubtful if many of the changes effected by it have obtained 
 general notice. The principal of these are as follows : — 
 
 The Mayor may be elected "from the aldermen or councillors, or persons qitalijied 
 
 to be such " — in other words, the Council may choose the Mayor from the 
 
 general body of bnrpesscs or non-residents qualified for election as councillors, 
 
 to the exclusion of members of the Council {See section 15 (1) at page 34). 
 All questions at, and acts of a Council, are to be decided by a mHJority of the 
 
 members jn-escnt a)id voting (See Schedule II., paragraph 10, at pai'C 40). 
 Notice in tvriting, to the Town Clerk, is required for the resignation of a corporate 
 
 office {See section 36, at page 51). 
 The salarj' of a Recorder may be increased without the necessity of reappointment 
 
 or a new appointment {See section 163, at page 145). 
 The powers of the Recorder are given to the deputy Hecorder {See section 168 (9), 
 
 at page 150). 
 The Watch Committee is not to exceed in number one-thii'd of the Council {See 
 
 section 190 (1), at page 161). 
 Assaults on Borough Constables are treated as provided for in section 81 of the Act 
 
 of 1835, notwithstanding intervening legislation {See section 195 (1), at page 
 
 163;. 
 Borough Constables may take bail by day or night {See section 227, at page 184) 
 
 There are other changes which remove doubts as regards identity of 
 candidates or voters raised in many of the cases decided, and which 
 will tend to render this Act simple and efficient in its working. 
 
 The first seven Schedules have been interpolated with the various 
 SedJona of the Act having relation thereto. The Index has been 
 prepared in a form which it is thought will greatly facilitate 
 reference to the body of the Act. The List of Cities and Boroughs to 
 come under its operation on January 1st, 1883, comprises the popu- 
 lation of each place according 1o the census of 1881. The Time 
 Table sets out the principal duties of municipal administration 
 which are associated with fixed periods of the year. 
 
 It has been the earnest desire of the Editors to render the 
 present work a complete legal and practical text-book, to avoid 
 unnecessary prolixity, and to afford safe guidance and useful 
 information to all persons more immediately interested in the 
 municipal institutions of the country. 
 
 ,T. W. HUME WILLIAMS. 
 
 J. R. SOMERS VINE. 
 
 London, Becemher \st, 1882.
 
 THE ENGLISH MUNICIPAL CODE. 
 
 THE NATURE AND CONSTITUTION OF MUNICIPAL CORPORATIONS.* 
 
 A CORPORATION is a franchise possessed by one or more individuals who 
 subsist as a body politic under a special denomination, and are vested 
 by the policy of the law with the capacity of perpetual succession, 
 and of acting in several respects, however numerous the association 
 may be, as a single individual. The object of the institution is to 
 enable those constituting it to act by one united will, and to continue 
 their joint powers and property in the same body, undisturbed by 
 the change of members, and without the necessity of perpetual con- 
 veyances, as their corporate rights pass from one individual to 
 another. All those composing a corporation, and their successors, 
 are considered in law but as one person, capable under an 
 artificial form of taking and conveying property, contracting debts 
 and duties, and of enjoying a variety of civil and political rights. 
 One of the peculiar properties of a corporation is the power of 
 perpetual succession, for in the judgment of law it is capable of in- 
 definite duration. The rights and privileges of the corporation do not 
 determine or vary upon the death or change of any of the individual 
 members : they continue as long as the corporation endures. It was 
 chiefly for the purpose of clothing bodies of men in succession with 
 the qualities and capacities of one single artificial and fictitious being 
 that corporations were originally invented, and for the same conve- 
 nient purpose they have been brought largely into use. Corporations, 
 private as well as public, or municipal, were well known to the 
 Roman law, and they existed from the earliest periods of the Roman 
 republic. The powers, capacities, and incapacities of corporations 
 
 * From " EiiRlisli Muricipallnstitutions— their Growth and Development," by J. E. Somerfl 
 Vine, F.S.S. : Waterlow and Sous Limited, London Wall, B.C. (1879J.
 
 2 THE ENGLISU MUNICIPAL CODE. 
 
 under the English law, do, indeed, very much resemble those under 
 the civil law ; and it is evident that the principles of law ai^plicuble 
 to corporations under the former were borrowed cliiefly from the 
 Romiin law, and from the policy of the municipal corporations 
 established in Ijritain and the other Roman colonies, after the 
 countries had been conquered by the Roman arms. 
 
 The first division of corporations is into aggregate or sole. Cor- 
 porations a{^greg-ate consist of many persons united together into 
 one society, and are kept up by a perpetual succession of members, 
 so as to continue for ever. Corporations sole consist of one person 
 only and his successors, and are incorporated by law in order to give 
 them some legal capacities and advantages, particularly that of 
 perpetuity, which in their natural person they could not have had. 
 Another division of corporations, either sole or aggregate, is into 
 ecclesiastical UTidi lay ; while lay corporations are again subdivided 
 into civil and eleemnsy^utrij. The civil are such as are created for a 
 variety of temporal purposes, and under this head are included 
 municipal corporations. Tiie eleemosynary sort are such as are 
 constituted for the perpetual distribution of the free alms or bounty 
 of the founder of them to such persons as he has directed. 
 
 Corporations by the civil law seem to have been created by tlie 
 mere act and voluntary association of their members. But, in 
 England the consent of the Crown is absolutely necessary to the 
 creation of any corpoiation ; that consent, however, may be either 
 expressly or impliedly given. The sovereign's implied consent is to 
 be found in corporations which exist by force of the common law, 
 to which former kings are supposed to have given their concurrence; 
 common law being nothing else but custom arising from the tacit 
 assent and usage of the whole community. Another method of im- 
 plication, M hereby the consent of the Crown is presumed, is as to all 
 corporations "Si^^ prescription, such as the city of London, and many 
 others which have existed as corporations, time whereof the memory 
 of man runneth net to the contrary, and therefore are looked upon 
 in law to be well created. For, although the members thereof can 
 show no legal charter of incorporation, yet in cases of such high 
 antiquity the law presumes that there once was one, and that, by the 
 variety of accidents which a length of time may produce, the charter 
 is lost or destroyed. The methods by which the consent of the 
 Crown is expressly given are either by Act of Parliament or charter. 
 
 When a corporation is created, a name must be given to it, and 
 by which name alone it must sue and be sued, and do all legal acts.
 
 EISTORY OF THE ENGLISH MUNICIPALITIES. 8 
 
 After a corporation is so formed and named, it acquires many powers, 
 rights, capacities, and incapacities. As — 
 
 (1) To liave perpetual succession. 
 
 (2) To sue or to be sued, implead or be impleaded, grant or 
 receive by its corporate name, and do all otber acts as natural 
 persons may. 
 
 (3) To purchase lands, and hold them for the benefit of them- 
 selves and their successors. 
 
 (4) To have a common seal. 
 
 (5) To make bye-laws or private statutes for the better govern- 
 ment of the corporation, which are binding upon themselves, unless, 
 contrary to the laws of the land, or inconsistent with their charter, 
 or unreasonable, and then they are void. 
 
 THE HISTORY OF THE ENGLISH MUNICIPALITIES.* 
 
 Municipal Corporations did not exist in England until 1439 ; but 
 although that is the date of the earliest known charter of incor- 
 poration, boroughs, the citizens of which exercised powers of local 
 self-government, existed from the earliest periods of British history. 
 There is no doubt that such municipalities may be traced back to the 
 Eoman occupation of Britain, and the organisation of these seems to 
 have been, at least in part, adopted by the Anglo-Saxons. Although 
 great obscurity surrounds the early constitution of the English 
 municipalities, there are valid reasons for believing that the " free- 
 men " or "burgesses at large" were the governing body. The 
 Anglo-Saxon forms of local organisation were legitimate ramifications 
 of the common- law rights of the free population. It is at all events 
 certain that at that time, while the county districts or shires were 
 under the jurisdiction of shire-reeves (whence sherifis), the boroughs 
 were under the rule of borough- or |;or^-reeves. As the counties had 
 their shire-jremotes or sheriffs' towns in which their local affairs were 
 discussed and regulated, so the latter had their burgh-mote or court- 
 leet of the borough. The one assembly was composed of the free- 
 holders of the county, and the other of the freemen resident in the 
 borough, and both were charged with essential duties to their im- 
 
 * This Historical Sketcli is (with some few additions) taken from " The English Municipali- 
 ties — their Growth and Development," by J. R. Somers Vine, F.S.S. : Waterlow and Sons 
 Limited, London Wall, E.G. (1879J.
 
 4 THE EyOLISH MUNICIPAL CODK 
 
 mediate communities and responsible obligations to the witena-gemot, 
 or national council. Tlie individuals composing these communal 
 associations were men who had a stake — inconsiderable though it 
 may frequently have been — in the country, or, in homely words, " had 
 something to lose ;" hence the irresistible impulses which in later 
 times compelled despotic administrators, much against their will, to 
 formally recognise the enjoyment of " peculiar privileges " which 
 had thereto been exercised as " undisputed rights." It does not 
 appear that the " borough liberties" of the Anglo-Saxons depended 
 for their origination upon the favour of the sovereign. They were 
 the natural outgrowth of social necessities. The Municipal Com- 
 missioners (of 1833-5), in their report, adduced only two instances of 
 grants of local charters by Saxon kings — that of Athelstan to Beverley 
 and that of Edward the Confessor to the Cinque Ports — neither of 
 which, from the alleged nature of their contents, can be accepted as 
 satisfactory evidence of the creation of municipal franchises by 
 monarchical condescension prior to the Norman era. 
 
 At the time of the Norman conquest the county sheriff was 
 supplanted by the vice-comes, while the borough- or port-reeve gave 
 place to the bailiff (or mayor), the new officers being appointed by 
 the king instead of by the freeholders or resident freemen, as the 
 case might be. With this exc(;ption, however, it would seem that 
 William the Conqueror did not alter the local institutions of the 
 coimtry to the extent that is sometimes imagined. The two leading 
 records which establish this position are the laws compiled by this 
 sovereign and the Domesday Book In the former the same features 
 are traceable as in the Sixon laws. The king's peace is to be 
 preserved, the freemen are to be sworn to their allegiance, the 
 payment of scot and Jot (or local rates) is mentioned, the watch 
 and ward in boroughs is enforced, the provisions of the old law 
 for selling in the presence of witnesses are repeated, as well as the 
 general system of giving pledges for good behaviour which was so 
 remarkable a characteristic of the Saxon system. Distinct traces 
 are also to be found of the law which subsequently assumed much 
 greater prominence and contributed so materially to the rise and 
 growth of towns, namely, that " all bondmen who remained without 
 claim for a year and a day in any borough, &c., should be free." In 
 Domesday Book boroughs and burgesses are frequently mentioned, 
 and it is clear from the way in which this is done that the local 
 government of the towns was separate from that of the counties, and 
 that it was vested in the burgesses presided over bv a bailiff. At a
 
 SIS TOUT OF TEE ENGLISH MUNICIPALITIES. 6 
 
 later period the " burgesses " were, in too many boroughs, a small 
 select class, excluding the great mass of the inhabitants from the 
 right of local government, and exercising the powers which tliey thus 
 obtained for their own profit and advantage. But at this early 
 period the test of municipal citizenship continued to be the same as it 
 was in Saxon times, and, broadly speaking, was in fact very nearly 
 the same as it is at present. An excellent authority* thus refers to 
 burgessship as it existed in the tenth and eleventh centuries : — 
 
 " There are entries in Domesday, in almost every county, which, establish that burgess- 
 ship did not depend upon tenure, because many burgesses are described as belonging to 
 other manors. If tenure was the basis of their right, they would have belonged alto- 
 gether to the manors, and would not be described of the boroughs, because they did not 
 hold of them. But if residence made them burgesses, then the entry is explained 
 reconcilably with facts, because they would in respect of their resiancp be bm-gesses in 
 the place of their residence, but would be entered under the manors of which their 
 lands were held. There are also, numerous instances in which, the burgesses being 
 distinctly connected with theii* houses, and tlie latter being "inhabited," it is impossible 
 not to infer that they were householders. They paid the custom of gable for their 
 houses, and other taxes. In the entry as to Cantei'bury, 14 burgesses are mentioned 
 instead of their houses ; and in Thetford, Norwich, and other places, the identity cannot 
 be mistaken. It is also clear from many passages that all the householders were not 
 burgesses. Peers, ecclesiastics, minors, villains, and persons of infamous character 
 were excepted from the pri\aleges and also exempted from the duties of burgessship ; 
 many houses are therefore mentioned in the returns which had not burgesess. Those 
 only who bore their share of the burthens of the place, or, according to the laws of 
 the Saxons and of William the Conqueror, paid scot and bore lot, were entitled to the 
 privileges ; those who from poverty or other cause did not pay the charges or serve 
 the public offices of the borough being excluded. It would have been inconsistent with 
 the whole system of the law at that time if non-residents could have been burgesses; and 
 therefore we find throughout this document that the burgesses were resident, and in 
 that respect distinguished from the members of the trading companies who might be 
 non-resident." 
 
 A careful examination of Domesday Book shows clearly that at the 
 time of its compilation, no municipal corporations were in existence, 
 although several ecclesiastical corporations are mentioned. During 
 the reign of William II. no municipal grants nor any changes in the 
 municipal institutions appear to have been made, Henry I. granted 
 charters to several boroughs, but they were not charters of incorpo- 
 ration. They were principally devoted to enlarging the powers of 
 local self-government possessed by the burgesses of the places to 
 which they related. About this period, or soon afterwards, a very 
 important change in their government took place. The bailiff 
 appointed by the king was charged with the duty of assessing and 
 
 • Merewether and Stephen's " History of Boroughs, &c.," 1833.
 
 a TITE EXGLISS MUyiClPAL CODE. 
 
 collecting the king's taxes due from the borough. As might have 
 been anticipated, this was often made the cause or pretence of great 
 oppression, and, in or ler to get rid of it, many towns offered to pay a 
 larger sum than had previously been exacted from them, on condition 
 that they might elect their own chief magistrate and assess them- 
 selves. These offers were too tempting to be resisted by sovereigns 
 who were often sorely in want of money, and the towns were thus 
 allowed to re-purchase the right which they had possessed in Saxon 
 times. The elected officer was sometimes called by the old name of 
 port-reeve ; but he was more generally known as the mayor. At this 
 time the merchant guilds who afterwards assumed so large a share in 
 the government of many, perhaps of most municipal corporations, 
 had no connection with the constitution of the boroughs. Down to 
 the reign of Henry VI., the right of burgcssship, and, after the 
 boroughs were represented in Parliament, the right of voting for 
 Parliamentary representatives continued to be vested in the whole 
 body of resident inhabitant householders, being freemen, paying 
 scot and bearing lot, and doing suit and service in the court-leet of 
 the town or city. 
 
 Notwithstanding the slight interference of the Conqueror and his 
 immediate successors with the local institutions of the subjugated 
 country, the introduction of the feudal systems of the continent 
 gradually but surely obliterated the free peasantry, and transferred 
 their independent jurisdictions to the Lords of the Manors. The 
 principal towns were reserved to the Crown, and were known as 
 " Royal boroughs " or " boroughs of ancient demesne " ; the 
 inhabitants held their town at fee-farm, undisturbed by the king's 
 officers, and continued, with few exceptions, in possession of their 
 ancient freedoms. The earliest charters were, invariably, simple con- 
 firmations of old customs and liberties ; special immunities were 
 sometimes conferred, but they were chiefl}'- such as regarded the 
 burgesses in their external relations. "What the inhabitants mainly 
 secured in their contracts with the king, in addition to their primary 
 privileges was — freedom from servile duties; free trade and exemption 
 from toll in every part of the king's dominions ; that all the land 
 within their limits should be the property of the community— such as 
 was not already occupied by tenements to form common land, of 
 which portions might be saved for building, &c., to the profit of the 
 community and the improvement of the town ; that the burgesses 
 should answer to the king for his, form by their own appointed chief 
 officer ; that the profits arising from fines, &c., in the borough courts,
 
 BISTORT OF THE ENGLISH MUNICIPALITIES. T 
 
 should be applied to the common benefit of the townsmen ; and that 
 they should be untrammelled in their choice of a mayor, bailiff, or 
 port-reeve. These weie the examples of municipal enfranchisement 
 usually cited by the barons in their charters to the smaller towns 
 which they held in fief from the king or those which sprang up under 
 the walls of their castles. The extinction of feudalism eventually 
 brought these baronial boroughs under the direct authority of the 
 C rown. 
 
 In the reign of Henry VI., a process was commenced which gradu- 
 ally transferred the power from the hands of the burgesses generally 
 to various exclusive bodies within the boroughs, and idtimately pro- 
 duced the gravest and most intolerable abuses, which were not swept 
 away until the year 183:>. In the year 1439 the first charter of 
 iitcorporaiion to a municipal body was granted to Kingston-upon-Hull. 
 Incorporations did not, however, immediately become general, for this 
 charter is followed by others upon the roll which are not of that 
 kind. It is not, indeed, surprising that there was some disinc lination 
 on the part of the towns to receive charters of incorporation, because 
 proof is extant that, even at this time, the corporate bodies which 
 then existed had began to abuse the powers given to them, and to 
 make usurpations upon the rights of the people. To take a single 
 instance of the spirit which was at work : In 1467 it was found that 
 the companies and liveries of London had been making encroach- 
 ments upon the privileges of the householders in the wardmotes to 
 such an extent that it was necessary for Parliament to interfere for 
 the protection of the people. And upon the Parliament roll for the 
 same year there is a petition praying for the dissolution of the tailors' 
 guild at Exeter, on the ground that they set the authority of the 
 mayor at defiance, and threatened to reduce the town to a state of 
 anarchy. But although the boroughs showed but slight de-ire for 
 incorporation, the courts of law were determined to thrust it upon 
 them. In 14GG the Court of Common Pleas laid the foundation of 
 a doctrine from which important results subsequently flowed — that 
 of the creation of corporations by inference or implication — by holding 
 that, " If the king gave land in fee-farm to the good men of the town 
 of Dale, the corporation was good. And so likewise when it was 
 given to the burgesses, citizens, and commonalty, &c." The principle 
 of this decision was afterwards extended, and the charters of our 
 early kings, which merely conferred the right of local self-government 
 upon boroughs, were then construed as charters of incorporation, 
 with very mischievous consequences, as was thereafter seen.
 
 9 THE ESGLISn MUXICIPAL CODE. 
 
 The increasing importance of the House of Coniraons under the 
 Tudor sovereigns made these princes exceedingly anxious to establish 
 an ascendancy in that assembly. The first mode adopted Avas to issue 
 writs for the return of members of Parliament to small or decayed 
 towns in which the king or some of his courtiers could exercise a 
 commanding influence. This course was taken to some extent by 
 Henry YIIL, and to a much greater extent by Queen Mary and 
 Queen Elizabeth ; but the House of Coram(ms at last intervened, 
 and succeeded in putting a stop to these arbitrary and fraudulent 
 enfranchisements of dependent boroughs. The Crown then resorted 
 to another device. As there was no doubt that the right of election 
 belonged to the burgesses, it was clear that if the <:eneral body of 
 inhabitant householders could be deprived of their privileges, and 
 if these could be handed over to some select knot wlio would be 
 under the dictation of the Crown or of some great men in the neigh- 
 bourhood, the end in A-iew would be obtained as effectually as by the 
 creation of new nomination boroughs. Accordingly, new charters 
 were granted to a number of boroughs. In these the doctrine ot the 
 existence of corpoi'ations by implication was expanded into that 
 of corporations by prescription. It was falsely recited that they had 
 been incorporated from time immemorial, and under this pretext, and 
 under that of confirming ancient usage, the right of burgessship was 
 either limited to a select and self-electing body, or was extended — and 
 this was quite as mischievous — to non-re iidents, who were admitted 
 by the governing bodies of the boroughs to the freedom of the town. 
 At the same time — in the reign of Queen Elizabeth — the judges by 
 their decision in the celebrated Corporations case with respect to the 
 validity of electors and as to the. binding effect of bye-laws made by 
 select bodies in the corporations, laid the foundation for further and, 
 as the result proved, almost indefinite encroachment upon the rights 
 of the burgesses. Stating the matter broadly, it may be said that 
 the efiect of these innovations was to deprive the municipalities of 
 their character of local institutions, and to subject them in their 
 character of corporations — the creatures of the law — to the manipula- 
 tion of judges who were, at this period and during the reigns of 
 the Stuarts bitterly hostile to popular rights and equally bent 
 upon extending in every way the influence of the Crown. It is true 
 that in the reign of James I. an effort was made to check a process 
 by which the right of burgessship, and consequently the right to the 
 franchise, was being gradually involved in inextricable confusion. 
 The famous election committee, presided over by Serjeant Glanville,
 
 SIS TORY OF TEE ENGLISH MUNICIPALITIES. 
 
 decided " that of common right the burgesses were the inhabitant 
 householders, resident, paying scot and lot ; " but this decision was 
 lost sight of, or, at any rate, it was never acted upon in the revolu- 
 tionary times which followed ; and, after the Restoration, during the 
 reigns of Charles II. and James II., the process of remodelling the 
 corporations was resumed and prosecuted with augmented vigour. 
 In the words of the learned writers already quoted (and who are 
 entitled to the merit of being the first to place the history of English 
 municipal incorporations on a sound basis) — 
 
 *' The interference in the reigns of Elizabeth and James I. by charters of the Crown 
 — the decisions of the courts, and the acquiescence of the people — had merged all the 
 borough privileges and jurisdictions in the general notion of corporations; and as by 
 these means all their rights were brought under the influence and control of the Crown, 
 the subsequent attack upon them was made comparatively easy. On the Ecstoration 
 the statute passed for the correction of the corporations afforded ready means for that 
 attack, and a pretext for every species of usurpation. Extensive use was made of the 
 opportunity; the old members and officers of the corporations were displaced ; ministers 
 of the Crown, officers of state, and non-residents were substituted ; and from the pro- 
 ceedings upon the statute it is obvious that no corporation had any chance of continuing 
 its existence but by a submissive compliance with the wishes of the king. * * * 
 After the success of the London qtio u-arranto, the king sent his officers into all parts of 
 the kingdom to terrify the corporations by the threats of similar legal proceedings to 
 give up their charters. The greater portion of them voluntarily smrendered them 
 through the agency of the select bodies, on the promise of having new grants from the 
 Cro-wTi ; against those who were refractory proceedings were instituted. So that at 
 this time the borough rights, which by general misconception and practice had been 
 assumed to be identified with the corporations, were by the acts of the corporations and 
 the surrender or seizure of the corporations submitted entirely to the mercy of the Crown." 
 
 There is no doubt that his dealings with the corporations contri- 
 buted in no slight degree to the downfall of James II. But, although 
 William III. did not imitate his predecessors, he did nothing to 
 correct the abuses which had grown up under them. Indeed, during 
 his reign and those of his successors, much was done to perpetuate 
 and to extend those abuses — not, indeed, by the king, whose 
 interference with corporate rights and privileges ceased with the 
 Revolution of 1G88, but by the House of Commons and the courts 
 of law. Again quoting the before-mentioned authority, we find — 
 
 "The first (Parliament) in the reign of William III. passed the Act compelling the 
 sherifls to make the return from the elections according to the rights which had last 
 been detei-mined by the House of Commons, by which means the varying and anoma- 
 lous usages of the different boroughs and the contradictory decisions of committees wera 
 sanctioned and confirmed. The House of Commons also — by its resolution — supported 
 the former decisions, however irreconcilable with the charters or the principles of our 
 institutions ; and in some instances under the general name of " burgesses " introduced 
 new varieties, according to the agreement of parties or the absurd usages of places that 
 were brought before them. The com-ts of law relied upon the few early cases to which
 
 10 TUE EXGLISH MUKICIPAL CODE. 
 
 we have referred, and the extra-judicial opinions in the reigns of Elizabeth and James ; 
 and they fell into the same course -which the Hcjuse of Commons and the Legislature had 
 taken, adopting the same rules, by which they avoided a discrepancy which might have 
 existed injurious to the character of both, as well as detrimental to the people. The 
 courts, therefore, ujAeld the same principles, supported usage, maintained the select 
 bodies, sanctioned the non-residents, con6nned numerous bye-laws not in accordance 
 with the charters or with each other, but gi%ang a different constitution to every different 
 borough, and as the greatest and worst innovation of aU, gave the stamp of judicial 
 authoiity to the doctrine of the arbitrary admission of burgesses by the corporations, a 
 principle which had not before been expressly sanctioned by legal decisions. * * * 
 Dui-ing the reigns of Queen Anne, George T., IT., III., and IV., the abuses to which 
 we have referred were fully maintained. Select bodies, common councils, their bye- 
 laws, and non-residents were supported. Freemen were substituted for * burgesses,' 
 and the latter name was applied to burgage-tcnants, freeholders, pot-wallers, and in- 
 habitants without any other qualification. The court-leet was neglected, its proceed- 
 ings disregarded or misapplied. Instead of them, courts baron were brought into a 
 prominent situation in the municipal government of boroughs, for which they were 
 never intended. Trade, and the companies and liveries connected with it, particularly 
 in London, were more interwoven with the rights of burgessship than the original 
 constitution of boroughs would justify ; and the unrestrained admission of freemen as 
 burgesses, which was declared to be lawful, laid all the municipal privileges and juris- 
 diction at the feet of those of whatever party who happen to possess the influence 
 necessary to secure the admission of thcu- friends. Hence in some places a sufficient 
 number of non-resident honorary freemen were admitted to overawe or neutralise the 
 votes of the real burgesses ; making in this manner the important functions of the 
 separate exclusive jurisdictions of boroughs not the means of local government, as they 
 were intended to be, but the tools of party violence and private intrigue." 
 
 The general result of these Id novations — for so they may be justly 
 described — was that the municipal corporations were, for the most 
 part, in tlie hands of narrow and scIf-electcd cliques, wlio administered 
 local affairs for their own advantage, rath^T than for that of the 
 borough; that the inhabitants were practically deprived of all power 
 of local self-government, and were ruled by those whom they had 
 not chosen, and in whom they had no confidence ; that the corporate 
 funcis were wasted ; that the interests and the improvements of towns 
 were not cared for ; that the local courts were too. often corrupted by 
 party influence, and failed to render impartial justice; and that 
 municipal institutions, instead of strengtliening and supporting the 
 political framework of the country, were a source of weakness and a 
 fertile cause of discontent. 
 
 Buch was the condition of the English municipalities until the 
 year 1835, when Parliament in passing the Act 5 & 6 William IV,, 
 c. 76, restored to the inhabitants of the boroughs those rights which 
 their remote ancestors had enjoyed, but of which they had been 
 deprived by a long series of usurpations. 
 
 Between the Dth of September, 1835 (the date of the passing of
 
 HISTORY OF THE ENGLISH MUNICIPALITIES. 11 
 
 the first Municipal Act), and the 18th of August, 1882 (the date of 
 the passing of the Consolidation Act, which forms the principal 
 subject of this book) inclusive, no less than 55 Acts, having reference 
 wholly or in part to municipal corporations, received the Royal 
 Assent. Previous to 1835, there were 14 statutes passed which 
 applied more or less to municipal corporations, commencing with the 
 3rd of Edward I., c. 6 (the statutes of Westminster, the first). 
 Between the years 1504 (19 Henry 7, c. 7) and 1878 (41 & 42 Vict. 
 c. 26), there were 29 Acts* passed, w^hieh, to a greater or lesser 
 extent, had a remote connection with municipal corporations and their 
 functions, making together a grand total of 98 separate enactments, 
 in which were comprised the municipal lawsf of England and Wales. 
 The general purport of the above-named laws may be thus briefly 
 Buramurized : — 
 
 (a) To constitute a corporation composed of a mayor, aldermen, and burgesses, acting 
 by a council in which the general body of burgesses were represented by from twelve to 
 8i"xtv-four members thereof. The burgesses, by which term is indicated those individuals 
 enjovino- the privilege of voting, consisted of householders within the borough (residents 
 within seven miles of it, and payers of borough and poor rates) ; an occupancy of not less 
 than twelve months being necessary, and non-payment of rates or acceptance of poor 
 relief entailed deprivation of the franchise. The register of voters, or " burgess roll," 
 was prepared annually, and, in borou,i;hs both municipal and parliamentary, settled by a 
 revising barrister ; ia boroughs municipal only that duty devolved upon the mayor, aided 
 by two annually-elected assessors. The burgesses elected the coimcillors by ballot, on the 
 first of November in each year, and the council chose the aldermen biennially (one for every 
 three councUlors), and the mayor annually. The qualification for a councillor or alderman 
 was £1,000 property or £30 rating, if the borough was before the year 1869 divided into 
 four or more" wards," or £500 property or £15 rating in other cases, and residence within 
 fifteen miles of the borough ; but by a very recent Act (43 Vict. c. 17), this restriction was 
 modified in a very important sense, as any person qualified to be a burgess was thereby 
 qualified to serve as alderman or councillor. The property qualification then apphed only 
 to burgesses living beyond seven but within fifteen mUes of the borough. In such 
 boroughs as were divided into wards the councillors were apportioned among and separately 
 elected in the several wards. A person might be chosen an alderman although he had 
 not been elected a councillor, but the mayor had to be selected from the aldermen or 
 councillors. By virtue of his appointment the mayor became a justice of the peace for the 
 borough durmg his tenure of office and one year after. There were certain monetai-y 
 penalties, limited in amount, for the non-acceptance of office. 
 
 {b) To provide for the performance of the following functions (amongst others of a 
 Diinor character ) : — 
 
 (1) Administration of justice in local criminal and civil courts. 
 
 (2) Appointment and supervision of police. 
 
 (3) Administration of public property and the levy of rates when such property is not 
 
 sufficient to meet the public expenses. 
 
 (4) The enactment of bye-laws and appointment and dismissal of public servants. 
 
 (5) Execution of sanitary regulations under the Publi ■ Health Acts. 
 
 (6) Paving, lighting, supplying water, cleansing, and maintenance and improvement of 
 
 thoroughfares and sewerage. 
 
 (7) Establishment and maintenance of public buildings, works, museums, and libraries. 
 
 (8) Making and maintainina harbours, docks, and navigations. 
 
 (9) Administration of special charitable trusts. 
 
 (10) Superintendence and enforcement of educational regulation where there is no school 
 board. 
 
 • These Acts did not, however, come sufficiently within the scope of the Consolidation 
 Bill to necessitate their inclusion in the schedules of the present Act (45 & 46 Vict. c. 50). 
 
 f An examination of the Consolidation Act will of course show to what extent the law— as it 
 stood when the Act was passed— has been amended by its provisions. The general eflect of the 
 law as summarized in paragraphs a and b is still preserved, but there are more or less 
 important amendments, such, for instance, as that which now permits the mayor to be 
 chosen from the burgesses at large (Clause 15, subsection 1),
 
 13 THE EXGUSH MUXICIPAL CODE. 
 
 It is to the Prime ^Minister * of this country that we owe two 
 assertions which may well become historical and be appropriately 
 introduced in tliese pages. One of them — " Our municipalities 
 produce qualities which are the best safeguards of England's great- 
 ness " — is au unassaiUible declaration which does not admit the 
 shadow of denial even from those who have never enjoyed tlie higli 
 privilege of living under the popular form of local government 
 which is associated with English corporate administration. But 
 the " English citizen" who appreciates the regulated independence 
 which is secured to him by a well-ordered system of necessary control 
 — working without friction between the State and the individual 
 — may be reasonably expected to extend a somewhat reluctant 
 concurrence to the statement from the same eminent authority — 
 that the parliamentary session of 1882 " is, so far as concerns 
 leo-islation, one of utter ruin and discomfiture." In a general 
 way this sweeping censure is irrefutable, but the session witnessed 
 many welcome additions to the Statute Holl which go far to 
 redeem it from the severe stigma applied in the Premier's language. 
 Several measures passed through the various stages of parlia- 
 mentary revision and legislative sanction almost unnoticed by the 
 public, but they are none the less much-needed and useful laws. 
 In proposing the adoption of the Municipal Reform Bill of 1835, 
 Lord John Russell remarked : " I Lave no doubt that when this 
 new constitution of the municipal boroughs comes into effect, we 
 shall find, not only that it will be productive of great improve- 
 ments, not only that many defects will be remedied and many abuses 
 corrected, but that the working of the Bill itself will point out how 
 the whole system may be perfected." These hopeful anticipations, 
 after the lapse of half a century, may be said to have attained their 
 complete fulfilment. The ^Municipal Corporations Act of 1882, 
 prepared in pursuance of a recommendation from the Statute Law 
 Committee, first introduced in the House of Lords as a purely 
 Consolidation Bill (with necessary verbal amendments), and whicli 
 received the Royal Assent on the 18th of August, can fairly claim 
 of itself to give a notable and gratifying character to the senatorial 
 achievements of the session, inasmuch as it provides the inhabitants 
 of England and Wales — after nearly fifty years of legislative experi- 
 ence — with a sound and comprehensible Municipal Code. 
 
 • Tuen the Right Hon. W. E. Gladstone, M.P.
 
 THE 
 
 MUNICIPAL CORPORATIONS (CONSOLIDATION) ACT, 
 
 18 8 2. 
 (45 & 46 VICTORIA, CHAPTER 50.) 
 
 AN ACT FOR CONSOLIDATIKG, WITH AMENDMENTS, ENACTMENTS RELATING 
 TO MUNICIPAL CORPORATIONS IN ENGLAND AND WALES. 
 
 This Act received the Hoyal Assent on August ISth, 1882. 
 
 PEEAMBLE. 
 
 WHEREAS divers bodies corporate at sundry times have been Freamhie. 
 constituted in the cities, towns, and boroughs of England and 
 Wales, to the intent that the same might for ever be and 
 remain well and quietly governed : 
 
 And whereas the A ct of the session of the fifth and sixth 
 years of the reign of King William the Fourth, chapter 
 seventv-six,* " to provide for the regulation of Municipal 
 Corporations in England and Wales," applies to most of those 
 bodies constituted before the passing of that Act, and to every 
 of those bodies constituted after the passing of that Act ; and 
 that Act having been from time to time much altered and 
 added to by other Acts, it is expedient that all the Acts aforesaid 
 be reduced into one Act with some amendments : 
 
 [See pages 21 to 24 for the Schedules of Acts thus generally recited]. 
 
 Be • it therefore enacted by the Queen's most Excellent 
 Majesty, by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, as 
 follows : 
 
 * RefeiTed to throughout the comments and notes following as " the Act of 1835."
 
 14 THE ENGLISH MUNICITAL CODE. 
 
 PART I. 
 PRELIMINARY. 
 
 Short title. 1. — Tliis Act may be cited as the Municipal Corporations Act, 
 
 1882*. 
 
 Division of Act 2. — This Act is divided into [Thirteeul Parlst, as follows: 
 
 into parts Land i. -i ' 
 
 arrangement of 
 
 •^"^"""^l- Paut I.-Pkelim.nart. 
 
 Section 
 
 1. Short title. 
 
 2. Division of Act into parta. 
 
 3. Extent, 
 
 4. Commencement. 
 6. Repeals. 
 
 6. Application. 
 
 7. Interpretation and construction. 
 
 Part II. — Constitutiok and Government of BoituuoH. 
 
 Corporate Name. 
 
 8. Name of municipal corporation. 
 
 Burgesses. 
 
 9. Qualification of burgesa. 
 
 Council ; Mayor, Aldermen, and Councillon, 
 
 10. Constitution of council. 
 
 11. Qualification of councillor. 
 
 12. Disqualifications for bein<^ councillor. 
 
 13. Term of office and rotation of councillors. 
 
 14. Number, term of office, and rotation of aLlermen. 
 
 15. Qualification, term of office, salary, precedence, and powers of mayor. 
 
 16. Power of mayor to appoint deputy. 
 
 Officers of Council. 
 
 17. The town clerk and deputy. 
 
 18. The treasurer. 
 
 19. Other borough officers. 
 
 20. Security by and remuneration of officers, 
 
 21. Accountability of officers. 
 
 • It should be noted that Parts II., HI., IV., — as amended bvthe Municipal Elections 
 (Corrupt Practices) Act, 188-1— section 124 of Part V., Parts XII. and XIII , the Second 
 Schedule, Parts II. and III. of the Third Schedule, and Part I of the Eighth Sciiedule 
 were applied, so far as are unrepealed and arc consistent with the Local Government 
 Act, 1888, to that Act and county councils un ler it. 
 
 t The arranweinent of sections, which in the Act itself forms the IntrotIuctio;i, is 
 inserted here as being the most htting place for consjcutive reference.
 
 TEE MUNICIPAL CORIORATIOXS ACT, 1882. 16 
 
 Meetings and Froceedivgs of Council; Committees. Division of 
 
 Section ... . ■^'^^ "'^o partt 
 
 Tl. Quarterly and other meetings of council ; appointment of commiltees, \and arrange- 
 minutes, &c. mcnt of 
 
 Bije-lawa. sections'], 
 
 23. Po-s^'er of council to make bj-o-lai^a. 
 
 24. Evidence of bye-laws. 
 
 Accounts and Audit, 
 
 25. The horouffh auditors. 
 
 26. Half-yearly accounts of treasurer. 
 
 27. Audit and publication of treasurer's accounts. 
 
 28. Eetuins to Local Government Board. 
 
 Hevising Assessors. 
 
 29. Eevising assessors in non-parliamentary boroughs. 
 
 Division of Borough into Wards, or alteration oj Wards. 
 
 30. Proceedings for division of borough into wards, or alteration of \var(i3. 
 
 Supplemental and Exceptional Provisions. 
 
 31. Occupation of part of house. 
 
 32. Cl:iim by occupier to be rated. 
 
 33. Rules as to qualification of burgess on succession, &c. 
 
 34. Obligation to accept office or pay fine. 
 
 35. Declaration on acceptance of office. 
 
 36. Fine on resignation, &c. 
 
 37. Re-eligibility of office holders. 
 
 38. Alayor and aldermen to continue members of council. 
 
 39. Avoidance of office by bankruptcy or absence. 
 
 40. Filling of casual vacancies. 
 
 41. Penalty on unqualified person acting in office. 
 
 42. Validity of acts done not-withstandmg disqualification, &c. 
 
 43. Duties of town clerk, deput)-, and treasurer during vacancy or in- 
 
 capacity. 
 
 Part III. — Preparations for and Procedure at Elections. 
 
 Parish Burgess Lists ; Burgees EoUs ; Ward Bolls. 
 
 44. Preparation and revision of parish burgess li>ts. 
 
 45. The burgess roll and ward rolls. 
 
 46. Arrangement of lists and rolls. 
 
 47. Correction of burgess roll. 
 
 48. Printing and sale of burgess roll and other documents. 
 
 49. Separate list of persons qualified to be councillors but not to be burgess- >a. 
 
 Election of Councillors. 
 
 50. Borough and ward elections. 
 
 61. Title to vote. 
 
 62. Day of election. 
 
 63. Returning officer at election. 
 54. Kotice of election. 
 
 65. Nomination of candidates. 
 
 56. Relation of nomination to election. 
 
 67. Publication of uncontested election. 
 
 58. Mode of conducting poll at contested election. 
 
 69. Questions which may be put to voters. 
 
 Election of Aldermen, 
 
 60. Time and mode of election of aldermen. 
 
 Election of Magor. 
 
 61. Time and mode of election of mayor.
 
 16 
 
 TUB EXGLISH MUXICirAL rOT)E. 
 
 Division 
 Act into 
 [and art 
 tnent of 
 sections'] 
 
 Election of Auditors and Assessors. 
 
 of 
 
 parts Section 
 
 ange- 62. Tim',' and mode of election of auditors and assessors. 
 
 Supplemental and Exceptional Provisions, 
 
 63. Right of women to vote. 
 
 G4. Polling district <. 
 
 65. Notices as to elections. 
 
 66. Time for filling casual vacancies. 
 
 67. Illness, &c., of mayor or returning oCQcer. 
 
 68. Election of councillor in more than one ward. 
 
 69. Elections not in churches. 
 
 70. Omission to hold election, or election void. 
 
 71. Burgess roll to be in operation until revision of new burgess roll. 
 
 72. Non-compliance with rules. 
 
 73. Election valid unless questioned within twel\^e months. 
 
 74. Offences in relation to nomination papers. 
 
 75. Offences in relation to lists and elections. 
 
 76. Eevival of former law on expiration of Ballot Act. 
 
 Part IV. — Corrupt Practices A>fD Election Petitions. 
 
 77. 
 78. 
 79. 
 
 80. 
 
 81. 
 82. 
 83. 
 84. 
 85. 
 86. 
 
 87. 
 
 88. 
 
 89. 
 
 90. 
 
 91. 
 
 92. 
 
 93. 
 
 94, 
 
 95. 
 
 96. 
 
 97. 
 
 98. 
 
 99. 
 100. 
 101. 
 102. 
 103. 
 104. 
 
 for corrupt practices by 
 for corrupt practices by 
 
 Corrupt Practices. 
 
 Definitions. 
 
 General penalties for corrupt practices. 
 
 Disqualifications and avoidance of election 
 
 candidates. 
 Disqualifications and avoidance of election 
 
 agents, and for offences against tliis Part. 
 Avoidance of election for general corruption. 
 Paid agents and canvassers. 
 Payment for conveyance of voters. 
 Prosecutions for corrupt practices. 
 Striking off votes. 
 Personation. 
 
 Election Petitions. 
 
 Power to question municij^al election by petition. 
 
 Presentation of jietition 
 
 Security for costs. 
 
 Petition at issue. 
 
 Municipal election list. 
 
 Constitution of election court. 
 
 Trial of election petition. 
 
 Witnesses. 
 
 Withdrawal of petition. 
 
 Abatement of petition. 
 
 AVithdrawal and substitution of respondents. 
 
 Costs on election petitions. 
 
 Reception of and attendance on the election court. 
 
 Rules of pi'occdure and jurisdiction. 
 
 Expenses of election conrt. 
 
 Acts done pending a petition not invalidated. 
 
 Provisions as to elections in the room of persoq^ unseated on petition. 
 
 Prohibition of disclosure of vote. 
 
 Part V. — Corporate Property and Liabilities. 
 
 Corporate Land, 
 
 105. PoAver to purchase land for town hill, &c. 
 
 JOG. Power to borrow with approval of Treasury. 
 
 107. Power to acquire land with the approval of the Treasury.
 
 TEE MUyiCTPAL CORPORATIOXS ACT, 18S2. 17 
 
 Section _ Division of 
 
 JC^. Rostrictions on alienation of corporate land without approval ol jid into parts 
 Treasury. [and arrange- 
 
 109. Power to dispose of land witli approval of Treasury. nicnt of 
 
 110. Council may renew leases, «S:c. sections']. 
 
 JJ^'orJcing Men''s Dwellings. 
 
 111. Sites for working men's dwellings. 
 
 Eepaijment of Loans. 
 
 112. Power for Treasury to impose conditions aa to repayment of money 
 
 borrowed. 
 
 113. Provisions as to sinking fund. 
 
 Purchase or Compensation Money. 
 
 114. Provision for replacing purchase or compensation money paid to trea- 
 
 surer. 
 
 115. Investment of proceeds of sale or exchange authorized by Treasury. 
 
 116. Power for Ti-easury to authorize application of certain investments for 
 
 benefit of borough. 
 
 Misappropriation. 
 
 117. Penalty for misappropriation of moneys. 
 
 Corporate Stock. 
 
 118. Transfer of and other dealings with corporate stoek- 
 
 Borough Bridgets. 
 
 119. Slaintenance of borough bridges. 
 
 Loans for Municipal Buildings. 
 
 120. Power to borrow for buildings. 
 
 Advoicsons and similar Rights. 
 
 121. Obligations and powers in respect of advowsons, iSrc. 
 
 122. Hegulations as to sale of ecclesiastical patronage belonging to municipal 
 
 corporation. 
 
 Special Rates. 
 
 123. Power to continue rates for special purposes. 
 
 Misapplication of Corporate Propertu . 
 
 124. Prohibition of expendituie of corporate funds on parliamentary elections. 
 
 Transitory Provisions. 
 
 125. Transfer of investments made before 1860 in names of trustees. 
 
 126. Scheme respecting mortgage debts incurred before 1860. 
 
 127. Consolidation of debts incurred before 1860. 
 
 128. Saving for sales, &c., in pursuance of past contracts and resolutions. 
 
 129. Saving for rates in respect of past debts. 
 
 ISO. Saving for rights of creditors in respect of tolls or iues. 
 
 131. Sa%-ing for lawful debts contracted before o & 6 Will. 4, c. 76. 
 
 132. Saving against new liability to debts contracted before 5 & G Will. 4, 
 
 c. 76. 
 
 Paet VI. — Charitable and other Trusts and Powe.is. 
 
 Charitable Trusts. 
 
 133. Administration of charitable trusts and vesting of legal estate, 
 
 2
 
 18 TUE EyQLlSH MUNlCll'AL CODE. 
 
 Division of Special Trusts and Poivers. 
 
 Act iulo parts Section 
 
 \and arrange- l"'^*- Corporation to bo trustee where corporators trustees. 
 
 mcnt of 135. Appointment of members of council to be trustees in cases of joint trusts 
 
 sections']. ''"*! other cases. 
 
 Local Acts. 
 
 136. Transfer of powers of local authorities to municipal corporations. 
 
 137. Power for council to extend local lighting Act. 
 
 138. Exercise of powers under local Acts. 
 
 Part VIT. — Borough Fund : Borough Pate : County Rate. 
 
 Borough Fund. 
 
 139. Payments to borough fund. 
 
 140. Application of borough fund. 
 
 141. Orders for payment of money. 
 14 2. Paynicnts to and by treasurer. 
 
 143. Application of sui-plus of borough fund. 
 
 Borough Rate. 
 
 144. Power for council to make borough rate and assess contribution thereto. 
 
 145. Collection of borough rate in undivided jiarish. 
 
 146. Collection of borough rate in di'vided parish. 
 
 147. Eating of owners instead of occupiers for borough rate in certain cases. 
 
 148. Warrants for levy of borough rate. 
 
 149. Borough rate to go to borough fund ; and its application. 
 
 County Rate, 
 
 150. 
 151. 
 
 152. liabiliiy _. „ - _, „ 
 
 153. Mode of accounting by borough to county. 
 
 Part VIII. — Administration of Justice. 
 
 County Justices. 
 
 154. Jurisdiction of county justices in borough. 
 
 Borough Justices. 
 
 155. Mayor and last mayor to be borough justices. 
 15G. Separate eciiniuission of peace. 
 
 157. Qualiliiation of borough justice. 
 
 158. Jurisdiction of borough justices. 
 
 159. Clerk to borough justices. 
 IGO. Justices' room. 
 
 Stipendiary Magistrate. 
 
 161. Appointment of stipendiary magistrate. 
 
 Borough Quarter Sessions : Recorder : Cleric of the Peace. 
 
 162. Grant of separate court of quarter sessions. 
 1()3. The recorder. 
 104. The clerk of the peace. 
 
 165. Recorder to hold court of qiiarter sessions. 
 
 166. Power to appoint dejjuty recorder. 
 
 167. Powers of mayor in absence of recorder and deputy recorder. 
 
 168. Power for rt^cordor to foi-m a second court. 
 
 169. Liability of borough having quarter sessions for prosecutors' expenses. 
 
 Sheriff. 
 
 170. Appointment of sheriff in counties of cities and counties of towns.
 
 THE MUNICIPAL COEPORATIOXS ACT, 1S82. 19 
 
 Coroner. Division of 
 
 Section Act into parti 
 
 171. Appointment, fees, &c. of borough, coroner in boroughs having separate [and arnoiae- 
 
 quarter sessions. ^ .f|^^.)^t ^f 
 
 172. Power of borough coroner to appoint a deputy. sectiona\. 
 
 173. lieturns by borough coroners. 
 
 174. Acting of county coroner in borough. 
 
 Borough Civil Court. 
 
 175. Judge of borough civil coui-t wliere there is a recorder, 
 
 176. Judge of borough civil coui't where thei-e is no recorder. 
 
 177. Tenure of judge. 
 
 178. Registrar and other officers and fees. 
 
 179. Solicitors. 
 
 180. Time of holding court. 
 
 181. Procedure. 
 
 182. Power forjudge to make rules of procedure. 
 
 183. Jm'isdiction of coui't. 
 
 184. Saving for borough ci^Tl courts and for 35 & 30 V'ct. c. 8S. 
 
 185. Power to extend jurisdiction of borough civil court. 
 
 Borough Juries. 
 
 186. Provisions as to juries in boroughs. 
 
 Pxceptionat Frovisiong. 
 
 187. Grants to boroughs not affected by subsequent gi-ants to counties. 
 
 188. Trial of otiences committed in counties of cities and counties of tovran, 
 
 189. Jurisdiction in places separated from borough. 
 
 Part IX. — Police. 
 
 Watch Committee ; Constables. 
 
 190. Council to appoint watch committee. 
 
 191. Appointment, duties and powers of borough constables. 
 
 192. Quarterly retm-ns as to borough constables. 
 
 193. Power for constables to apprehend disorderly persons, &e, 
 
 194. Penalties on constables for neglect of duty. 
 
 195. Penalty for assaults on constables. 
 
 Special Constables. 
 
 196. Appointment of special constables. 
 
 Watch Mate* 
 
 197. Levy of watch rat«. 
 
 193. "Watch rate in divided parish. 
 
 199. Warrant for le\y of watch rate. 
 
 200. Watch rate to go to borough fund. 
 
 Part X. — Fkeemi-v. 
 
 201. Definition of freeman. 
 
 202. Freedom not by gift or purchase. 
 
 203. The freemen's roil. 
 
 204. Admission to freedom. 
 
 205. Reservation of rights of property to freemen and otherfl. 
 
 206. Limit of value and saving as to conditions precedent. 
 
 207. Saving for power to question right. 
 
 208. Reservation of beneficial exemptions to freemen and others, 
 
 209. Reservation of parliamentaiy franchise, &c.
 
 20 
 
 THE EXGLISn MUXICIPAL CODE. 
 
 Division of 
 Act into parts 
 [a»d arrange- 
 ment of 
 sections'^. 
 
 Part XI. — Grant of Charters. 
 
 Septtoi: 
 
 210. Power to Crown in grantinp^ charter to borougli to extend to it the 
 
 pro\'isions of the ^luniciiial Cor]iorations Acts. 
 
 211. Reference to Committee of Council, and notice of petition for charter. 
 
 212. Power by charter to settle wards, and by fixing; dates and otherwise to 
 
 adapt the Municipal Corporations Acts to first constitution of new 
 borough. 
 
 213. Scheme for continuance or abolition of and adjustment of rights of 
 
 existing local authority and officers. 
 
 214. Supplemental provisions as to scheme and charter. 
 21>5. Provision as to police force in new borough. 
 
 216. Validity of charters. 
 
 217. Power to settle scheme in case of recent charters. 
 
 218. Power to amend scheme. 
 
 Part XII. — Legal Proceeeings. 
 
 219. Prosecution of offences and recovery of fines. 
 
 220. Exclusion of certiorari. 
 
 221. Application of penalties in quarter sessions boroughs. 
 22 -'. Duties of clerk of peace as to fines and forfeitures. 
 
 2 2 '5. Service of summons or warrant. 
 
 224. Procedure in penal actions against corporate officers. 
 
 22.5. Quo warranto and mandamus. 
 
 226. Provisions for protection of persons acting under Act. 
 
 227. Power for borough constables to take bail. 
 
 Part XIII. — General. 
 
 Boundaries. 
 
 228. Boundaries of boroughs and transfer of parts to counties. 
 
 229. Adjustment between boroughs and counties on change of boundaiies. 
 
 230. Computation of time. 
 
 231 . Measurement of distances. 
 
 232. Notices on town hall. 
 
 233. 
 234. 
 235. 
 236. 
 237. 
 238. 
 
 Time. 
 
 Distance. 
 
 Notices. 
 
 Ins^Jection and Copies. 
 Inspection of documents. 
 
 Fees. 
 Tables of fees to be posted. 
 
 Seals and Si ff natures. 
 Forgery. 
 
 Application.<< to Treasury. 
 Notice of application to and con-espondence with Treasury. 
 
 Diputij. 
 Acts of deputy not to be invalidated by defect in appointment. 
 
 Overseers. 
 Notices to and acting of overseers.
 
 TEE MUNlVirAL VOKFOKATWNS ACT, 1882. 21 
 
 Declarations and Oaths. Division of 
 
 Bection _ Act into parts 
 
 239. Power to administer oaths, &c. [and arrange- 
 
 Forms. 
 
 ment of 
 
 rurms. seclionsX. 
 
 240. Forms in schedule. ■'' 
 
 Misnomer or Inaccurate Description. 
 
 241. Misnomer or inaccurate description not to hinder. 
 
 Substitution in former Acts, 
 
 242. Provision for references in unrepealed enactments to 5 & 6 Will. 4, 
 
 c. 7(5, &c. 
 
 243. Short titles of Acts partly repealed. 
 
 Returning Officers at Parliamentary Elections, 
 
 244. Mayors of certain boroughs to be returning officer in parliamentary 
 
 elections. 
 
 Disfranchised Parliamentary Boroughs. 
 
 245. Electors in disfranchised boroughs. 
 
 Licensing. 
 
 246. Explanation of terms "town corporate," &c., in Licensing Act. 
 
 Freedom of Trading, 
 
 247. Right of free trading in boroughs. 
 
 Cinque Ports. 
 
 248. Special provisions as to certain of the Cinque Ports. 
 
 Cambridge. 
 
 249. Vice-Chancellor of Cambridge. 
 
 Savings. 
 
 250. Saving for existing corporations. 
 
 251. Saving for local Acts. 
 
 252. SaAong for Prison Acts. 
 
 253. Sa-^Tng for military and naval officers, &c. 
 
 254. Sa\-ing for dockyards, barracks, &c. 
 
 255. Saving as to AdrDiralty. 
 
 256. Saving for Lord Warden. 
 
 257. Saving for universities. 
 
 258. Saving for jurisdiction over cathedral precincts. 
 
 259. Saving for royal prerogative. 
 
 260. Saving as to repealed enactments]. 
 
 3. — This Act sliall not extend to Scotland or Ireland. Extent. 
 
 4. — This Act shall commence and have effect from and cotnmeDc&- 
 immediately after the thirty-first of December one thousand 
 eight hundred and eighty-two. 
 
 5. — The enactments described in the First Schedule* are Repeals. 
 hereby repealed, subject to the exceptions and quahfications in 
 this Act mentioned. 
 
 [Part I. of the First Schedule recites the Enactments repealed generally. 
 They are 43 in number, as follows : — 
 
 * Subsection 4 of clause 7 (see page 26) provides that "The schedules shall be read 
 and have effect as if they were part of this Act."
 
 'J1 
 
 TUE EXGL'ISH MUNICIPAL CODE. 
 
 Repeals. 
 
 r, &eWill.4, c. 7G. 
 
 6 & 7 WiU. 4, c. 77, 
 
 in part. 
 
 G & 7 Will. 4, 
 
 c. 103, 
 
 in part 
 
 
 6&7 Will. 4, 
 
 c. 104. 
 
 6& 7 Will. 4, 
 
 c. 105. 
 
 7 Will. 4 k 1 
 
 Vict. 
 
 7 \Viii.'4 & 1 Vict. 
 
 c. 81. 
 
 
 I & 2 Vict. c. 
 
 31. 
 
 1 & 2 Vict. c. 
 
 3.5. 
 
 2 & 3 Vict. c. 
 
 27. 
 
 2 & 3 Vict. c. 
 
 28. 
 
 3 & 4 Vict. c. 
 
 28. 
 
 4 & 5 Vict. c. 
 
 48. 
 
 6 & 7 Vict. c. 89, 
 8 & 9 Vict. c. 110. 
 
 11 & 12 Vict. c. 9.3. 
 
 12 & 13 Vict. c. G5. 
 
 12 & 13 Vict. c. 82, 
 in part. 
 
 13 & 14 Vict. c. 42. 
 
 13 & 14 Vict. c. 64. 
 
 13 & 14 Vict. c. 91, 
 
 in part. 
 
 13 & 14 Vict.c. 101, 
 in part. 
 
 16 & 16 Vict, c 
 
 81, 
 
 in part. 
 
 
 16 & 17 Vict. c. 
 
 79. 
 
 16 &17\'ict.c. 
 
 137. 
 
 20&21 Vid. c 
 
 .-iO. 
 
 21 & 22 Vict. c. 
 
 43. 
 
 22 Vict. c. 
 
 3.5. 
 
 22 & 23 Vict. c. 
 
 32, 
 
 in part. 
 
 
 The JIunicipal Coqiorations Act, 183.5. 
 An Act for carrying; into ctl'ect the reports of the Commis- 
 sioners appointed to consider the state of the Established 
 Church in England and Wales, with reference to eccle- 
 siastical duties and revenues, so far as they relate to 
 episcopal dioceses, revenues and patronage ; 
 in part, namely, — 
 section twenty-six. 
 The ilunicipal Coi-poration (Boundaries) Act, 1836 ; 
 
 except section six ( Berwick "i. 
 The Municipal Coiporation (Borough Fund) Act, 1836. 
 The JIunicipal Corporation (Justices, &c.) Act, 1836. 
 The Municipal Corporation (General) Act, 1837. 
 
 The Municipal Corporation (Watch Eate) Act, 1837. 
 
 The Municipal Corporation (Benefices) Act, 1838. 
 
 An Act to repeal the stamp duty now paid on admission to 
 
 the freedom of corporations in England. 
 Tlie IMunieipal Corporation (Borough Courts) Act, 1839. 
 The JMunicipal Corporation (Watcli Kate) Act, 1839. 
 The iSIunicipal Corporation (AVatch Rate) Act, 1840. 
 An Act to render certain municipal corporations rateable 
 
 to the relief of the poor in certain cases. 
 The IMunieipal Corporation Act, 1843. 
 The jMunicii)al Corporation (Kates) Act, 184,5. 
 An Act to confirm the incorporation of certain boroughs. 
 An Act to provide a more convenient mode of levying and 
 collecting county rates, county police rates, and district 
 police rates, in parishes situated partly within and 
 jiartly w'ithout the limits of boroughs which are not 
 liable to such rates. 
 An Act to relieve boroughs in certain cases from contribu- 
 tion to certain descriptions of county expenditm-e ; 
 in part, namely, — 
 section one. 
 The IMunieipal Corporation (Incorporation) Act, 1850. 
 The Municipal Corporation (Bridges) Act, 1850. 
 The Municipal Corporation (Justices) Act, 1850 ; 
 in part, namely, — - 
 section nine. 
 An Act to continue two Acts passed in the twelfth and 
 thirteenth years of the reign of Her Majesty, for charg- 
 ing the maintenance of certain poor persons in unions 
 in England and Wales upon the common fund ; and to 
 make certain amendments in the laws for the relief of the 
 poor ; 
 
 in part, namely, — 
 section ten. 
 An Act to consolidate and amend the statutes relating to 
 the assessment and collection of county rates in England 
 and Wales ; 
 
 in part, namely, — • 
 section thirty-eight. 
 The IMunieipal Corporation Act, 1853. 
 Tlie Charitable Trusts Act, 1853 ; 
 in i)art, namely, — 
 section sixty-five. 
 The Municipal Corporation Act, 1857. 
 An Act to amend the municipal franchise in certain cases. 
 Tlie Municipal Corporation Act, 1859. 
 An Act to amend the law concerning the police in counties 
 and boroughs in England and Wales ; 
 in part, namely, — 
 
 sections five and six.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS2. 
 
 23 
 
 24 & 25 Tict. c. 
 
 75. 
 
 31 >v 32 Vict. c. 
 
 41. 
 
 32 & 33 Vict. c. 
 
 23. 
 
 32 & 33 Vict. c. 
 
 55. 
 
 32 & 33 Vict. c. 
 
 62, 
 
 in part. 
 
 
 34 & 35 Vict. c. 
 
 67. 
 
 35 & 36 Vict. c. 
 
 33, 
 
 in part. 
 
 
 35 & 36 Vict. c. 
 
 60. 
 
 36 & 37 Vict. c. 
 
 33. 
 
 37 & 38 Vict. c. 
 
 59. 
 
 38 & 39 Vict. c. 
 
 40. 
 
 39 & 40 Vict. c. 
 
 61, 
 
 in part. 
 
 
 10 & 41 Vict. c. 
 
 69. 
 
 11 & 42 Vict, c 
 
 26, 
 
 in part. 
 
 
 Part II. of the 
 
 ioruuf/h'i within 
 
 this 
 
 3 Edw. 1, c. 6, 
 
 
 in part. 
 
 
 3 Edw. 1, c. 31 
 
 r 
 
 in part. 
 
 
 15 Ricli. 2, c. 5 
 
 J 
 
 in part. 
 
 
 2 & S Phil. & Mary, 
 
 c. 18. 
 7 Jas. 1, e. 5, 
 in part. 
 
 21 Jas. 1, c. 12, 
 in part. 
 
 11 Geo. 1, c. 4. 
 
 The Municipal Corporations Acts Amendment Act, 1861. Repeals. 
 The i;orou-h Electors Act, 1868. 
 The Municipal Corporation (Recorders) Act, 1869. 
 The Municipal Corporation (Election) Act, 1869. 
 The Debtors Act, 1869; 
 in part, namely, — 
 section twenty-one. 
 The Municipal Corporations Act, 1859, Amendment Act. 
 The BaUot Act, 1872; 
 in part, namely, — 
 
 sections twenty and twenty-one. 
 The CoiTupt Practices (Municipal Elections) Act, 1872. 
 The Municipal Corporations Evidence Act, 1873. 
 The Working Men's Dwellings Act, 1874. 
 The Municipal Elections Act, 1875. 
 
 The Divided Parishes and Poor Law Amendment Act, 
 18J6 ; 
 in part, namely, — 
 section thii'ty. 
 The Municipal Corporations (New Charters) Act, 1877. 
 The Parliamentary and Municipal Registration Act, 1878 ; 
 in part, namely, — 
 
 sections twenty, thirty-four, and forty-one. 
 
 First Schedule recites the Enactments repealed onli/ as to 
 Act.* They are 26 in number, as follows : — 
 
 The Statutes of Westminster, the first. Amerciaments 
 shall be reasonable : 
 in part, namely, — 
 
 as far as it relates to a city, borough, or town. 
 The Statutes of Westminster, the first. Excessive toll ia 
 market town. Murage ; 
 in part, namely, — 
 
 from " Touching citizens " to " the King " inclusive. 
 St. 7 Edw. I. de Religiosis. Converting land to a church- 
 yard declared to be within that statute. Mortmain, where 
 any is seised of lands to the use of spiritual persons. 
 Mortmain to purchase lands to gilds, fraternities, offices, 
 commonalties ; or to theii' use ; 
 in part, namely, — 
 
 as far as it relates to mayors, bailiffs, and commons 
 of cities, boroughs, and other towns which have a 
 perpetual commonalty. 
 An Act touching commissions of the peace and gaol deli- 
 very in towns corporate not being counties in themselves. 
 An Acte for ease in pleading against troublesome and con- 
 tencious gidtes presented against justices of the peace, 
 maiors, constables, and certaine other His Majesties 
 officers for the lawful execution of their office ; 
 in part, namely, — 
 
 as far as it relates to mayors of cities or towns 
 corporate. 
 An Acte for ease in pleading against troublesome and con- 
 tencious suites ; 
 in part, namely, — 
 
 section three, as far as it relates to mayors of cities 
 or towns corporate. 
 An Act for preventing the inconvenience arising from want 
 of elections of mayors or other chief magistrates of 
 boroughs or corporations being made upon days appointed 
 by charter or usage for that purpose, and directing in 
 what manner such elections shall be afterwards made. 
 
 * But see Appendix for the Municipal Corporations Act. 1883 (46 & 47 Vict. c. 18), 
 ■which brought certain boroughs then irithoat th.s Act under its provisions.
 
 24 
 
 THE EXGLISn MUNICIPAL CODE. 
 
 Lepeals. 
 
 12 Geo. 3, c. 21. 
 
 Application. 
 
 32 Geo. 3, c. 
 55 Geo. 3, c. 
 
 53. 
 
 51. 
 
 57 Geo. 3, c. 91. 
 
 2 & 3 Will. 4, c. 69. 
 
 3 & 4 Will. 4, c. 31 
 
 4 & 5 WiU. 4, c. 27, 
 
 7 Will. 4 & 1 Vict. 
 c. 19. 
 
 5 & 6 Vict. c. 104. 
 15 & 16 Vict. 0. 6. 
 23 & 24 Vict. c. 16. 
 23 & 24 Vict. c. 61, 
 in part. 
 
 23 & 24 Vict. c. 106, 
 in part. 
 
 38 & 39 Vict. 
 in part . 
 
 c. 89, 
 
 39 & 40 Vict. c. 20, 
 in part. 
 
 40 & 41 Vict. c. 17. 
 
 40 & 41 Vict, 
 in part. 
 
 0. 66, 
 
 42 & 43 Vict. c. 
 in part. 
 
 43 Vict. 0. 17. 
 
 30, 
 
 An Act for giWng relief in proceedings upon writs of man- 
 damu.s for the admission of freemen into corporations and 
 for other purposes therein mentioned. 
 An Act for tlie amendment of the law in proceedings upon 
 
 information in nature of tjuo warranto. 
 An Act to amend an Act of His late Slajcsty King Georgo 
 the Second, for the more easy assessing, collecting, and 
 levj-ing of county rates. 
 An Act to cnaLle justices of the peace to settle the fees to 
 be taken by clerics of the peace of the respective counties 
 and other divisions of England and Wales. 
 An Act to prevent the application of corporate property to 
 the purposes of election of members to serve in Par- 
 liament. 
 An Act to enable the election of officers of corporations and 
 other public companies now required to bo held on the 
 Loid's Day to be held on the Saturday next preceding or 
 on the Monday next ensuing. 
 An Act for the better administration of justice in certain 
 
 boroughs and franchises. 
 An Act to empower the recorder or other person presiding 
 at quarter sessions in corporate cities and towns, and 
 justices of the peace for counties, ridings, or divisions, to 
 divide their respective courts in certain cases. 
 The Municipal Corpoi'ation Act, 1842. 
 The Municipal Corporation Act, 1852. 
 The Municipal Corporation (Mortgages, &c.) Act, 1860. 
 The Local Taxation Ketums Act, 1860 ; 
 in i)art, namely, — 
 
 so far as it relates to the receipts and expenditure of 
 a municipal corporation. 
 The Lands Clauses Consolidation Acts Amendment Act, 
 1860; 
 in part, namely, — 
 section six. 
 The Public Works Loans Act, 1875 ; 
 in part, namely, — 
 
 in section forty, the second paragraph (beginning 
 
 " The council " and ending "this Act "), and the 
 
 words ' ' and the council respectively ' ' in the last 
 
 paragraph. 
 
 The Statute Law Revision Act (Substituted Enactments) 
 
 Act, 1876; 
 
 in part, namely, — 
 section thi'ee. 
 An Act to amend the law relating to the division of courts 
 
 of quarter sessions in boroughs. 
 The Local Taxation Returns Act, 1877 ; 
 in part, namely, — 
 
 so far as it relates to the receipts and expenditure of 
 a municipal corporation. 
 The Sale of Food and Drugs Act Amendment Act, 1879 ; 
 in part, namely, — 
 section eight. 
 The Town Councils and Local Boards Act, 1880. 
 
 6. — This Act shall apply to every * city and town to which 
 the Municipal Corporations Act, 1835, applies at the com- 
 mencement of this Act, and to any town, district, or place 
 whereof the inhabitants are incorporated after the com- 
 
 * A List of the Boroughs to which the Municipal Corporations Act of 1835 applied at 
 the time of its passing, and those subseijuently incorporated under its provisions, will be 
 found in the Appendix.
 
 TEE MUmCIPAL CORPORATIONS ACT, 1SS3. 2.5 
 
 mencement of this Act, and whereto the provisions of the 
 Municipal Corporation Acts are under this Act extended by 
 charter, but to no other place. 
 
 7.— (1.) In this Act— interpretation 
 
 "Borough*" means, unless a contrary intention appears, a ^{^0.'^°^^'^'^'^°* 
 city or town to which this Act applies ; 
 
 [The effect of this paragraph would not, however, seem to invalidate the use 
 of the style " borough" by any city or town (to which this Act does not apply) 
 where a prescriptive or chartered right to the user has been established]. 
 
 " Municipal corporation " means the body corporate con- 
 stituted by the incorporation of the inhabitants of a borough : 
 
 " Municipal Corporations Act, 183-5," means the recited Act 
 of King William the Fourth, the date of the passing whereof 
 is the ninth of September one thousand eight hundred and 
 thirty-five : 
 
 " Municipal Corporations Acts " means this Act and any 
 Act to be passed amending this Act : 
 
 " Burgess *' includes citizen : 
 
 " Corporate seal " means the common seal of a municipal 
 corporation : 
 
 *' Corporate office" means the office of mayor, alderman, 
 councillor, elective auditor, or revising assessor : 
 
 " Corporate land" means land belonging to or held in trust 
 for a municipal corporation : 
 
 " ^Municipal election " means an election to a corporate 
 office : 
 
 "Parliamentary borough" means any borough, city, county 
 of a city, county of a town, place, or combination of places, 
 returning a member to serve in Parliament, and not being a 
 county at large, or a riding, parts, or division of a county at 
 large : 
 
 " Parliamentary election " means an election of a member to 
 serve in Parliament : 
 
 "Parish " means any place for which a separate poor rate is 
 or can be made : 
 
 " Overseers " means overseers of the poor of a parish, town- 
 ship, or place, and includes all persons who execute the duties 
 of overseers : 
 
 * By section 31 of the Local Government Act, 1888, those boroughs which are named 
 in the Third Schedule to the Act are to be referred to as " County Boroughs." The 
 future relations of such boroughs to the Counties in wliich they are situate are provided 
 for in Clauses 31 to 39 of that Act (which see at pages 286 to '^93).
 
 2<3 THE EXGLISH MUNICIPAL COLE. 
 
 ^»f«''Pj-^^ation " Countj " does not include a county of a city or county of 
 Construction. ^ town, but iucludes a riding, parts, division, or liberty of a 
 county : 
 
 *' Trustees " moans trustees, commissioners, or directors, or 
 the persons charged with the execution of a trust or public 
 duty, however designated : 
 
 " Person " includes a body of persons corporate or unin- 
 corporate : 
 
 " Treasury " means the Commissioners of Her Majesty's 
 Treasury : 
 
 " The Secretary of State " means one of Her Majesty's 
 Principal Secretaries of State : 
 
 " High Court " means Her Majesty's High Court of Justice : 
 
 *' Justice " means one of Her Majesty's justices of the peace : 
 
 *' Eoi'ough civil court " means an inferior court of record for 
 the trial of civil actions which by charter, custom, or otherwise, 
 is or ought to be holden in a borough, but does not include a 
 count}' court : 
 
 " Bank of England " means the Governor and Company of 
 the Bank of England : 
 
 " Schedule " means schedule to this Act, and " Part " means 
 part of this Act : 
 
 " Writing " includes print, and " written " includes printed. 
 
 (2.) Words in this Act referring to a borough, municipal 
 corporation, auihority, officer, or office, shall be construed dis- 
 tributively as referring to each borough, corporation, authority, 
 officer, or office to which or to whom the provision is applicable. 
 
 (3.) Words in this Act referring to a parish shall be con- 
 strued, unless a contrary intention appears, as referring to every 
 parish situate wholly or in part in a borough. 
 
 (4.) The schedules shall be read and have effect as if they 
 were part of this Act. 
 
 [The effect of section 142 of the Act of 1835, section U of 16 & 17 Vict. c. 79, 
 and section 4 of 41 & 42 Vict. c. 26, is preserved in this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 27 
 
 PAPvT II. 
 Constitution and Government of Borough. 
 
 ^ , T\-r Corporate 
 
 Corporate JSame. Name. 
 
 8. — The municipal corporation of a boroug-h sliall bear the Kameof 
 
 ^' i- L <-> municipal 
 
 name of the mayor, aldermen, and burgesses of the borough, corporatkn. 
 or, in the case of a city,* the mayor, aldermen, and citizens 
 of the city.t 
 
 [This clause preserves the effect of section 6 of the Act of 1835 and clears 
 away certain doubts which had arisen under that Act with respect to the 
 proper style and name of a municipal corporation governed under its pro- 
 visions. Sections provided: — "That after the iiist election of councillors, 
 under this Act in any borough, the body or reputed body corporate named in 
 the said schedule in connection with such borough shall take and bear the names 
 of the mayor, aldermen and burgesses of such borough, and by that name shall 
 have perpetual succession, and shall be capable by the council hereinafter 
 mentioned (the town council) to do and suffer all acts which now lawfully they 
 and their succes-oi s respectively may do and sutler by any name or title of incor- 
 poration." As to the effects of mism.mer of Cfirporations, see Mayor and Burgesses 
 of Lyme Regis {\Q'Riii).\2Q,l2Z), Mayor of Stafford m . Bolton (1 B. & P. 40). The 
 absence of the express proviso now included in clause 8 of the present Act 
 was deemed in many quarters to bar the use of the word "citizens" in all 
 legal documents or "instruments. In 1878 the town clerk of Exeter (B. C. 
 GiJley, M.A.) suggested the subject for discussion fand determination by the 
 Exeter City Council) in an interesting pamphlet, which quoted judicial opinions 
 in favour of the term " citizens," and not " burgesses," being employed in the 
 corporate style of cities. It is difficult to comprehend how any very serious 
 misgiving could have arisen under the Act (if 1835 when careful consideration 
 was given to the 6th, 137th and 142ud clauses of that statute. The last-named 
 clause defined clearly that " Burgess shall be construed to mean citizen in the 
 case of a city." The present clause, however, wisely leaves no room for 
 doubt]. 
 
 Burqesaes. „ 
 
 •^ Burgesses. 
 
 9. — (1.) A person shall not be deemed a burgess for any Qualification of 
 purpose of this Act unless he is enrolled as a burgess. mgest, 
 
 [See sections 201-209 as to the rights of freemen to enjoy the privileges of 
 
 burgesses.] 
 
 (2.) A person shall not be entitled to be enrolled as a burgess 
 unless he is qualified as follows : 
 
 * The cities to whicli the distinctive style contained in the latter part of this clause 
 apply are given in the Appendix. 
 
 t By section 34 of the Local Govemment (England and Wales) Act, 1888 " The 
 mayor, aldermen, and burgesses " of a county borough (named at page 303) are to 
 have all the duties, powers, and liabilities of a coimty council under the Act. See 
 Appendix.
 
 28 THE ENGLISH MUNICIPAL CODE. 
 
 Burgesses. [a.) Is of full age ; and 
 
 {h.) Is on the fifteenth of July in any year, and has been 
 during the whole of the then last preceding twelve 
 months* in occupation, joint or several, of any house, 
 warehouse, counting-house, t shop, or other building (in 
 this Act referred to as qualifying property) in the 
 borough ; and 
 
 {c.) Has during the whole of those twelve months resided! in 
 the borough, or within seven miles thereof ; and 
 
 (</.) Has been rated in respect of the qualifying property to 
 all poor rates made during those twelve months for the 
 parish wherein the property is situate ; and 
 
 {e) Has on or before the twentieth of the same July paid 
 all such rates, including borough rates (if any), as have 
 become payable by him in respect of the qualify- 
 ing property up to the then last preceding fifth of 
 January. 
 
 [By section 3 of the County Electors Act, 1S88, it is enacted that "Every 
 person who is entitled to be registered as a voter in respect of a ten pounds 
 occupation qualification within the meaning of the provisions of the Registration 
 Act, 1885, which are set out in the .schedule to this Act, shall be entitled to 
 be registered as a countj' elector, and to bo enrolled as a burgess, in respect of 
 such qualification, in like manner in all respects as if the sections of the 
 IMunicipal Corporations Act, 1882, relating to a burgess qualification included 
 the said ten pounds occupation qualificatiou.''] 
 
 (3.) Every person so qualified shall be entitled to be enrolled 
 as a burgess, unless he — 
 (a.) Is an alien ; or 
 [b.) Has within the twelve months aforesaid received union 
 
 or parochial relief or other alras§ ; or 
 (c.) Is disentitled under any Act of Parliament, 
 
 [The effect of section 13 of the Act of 1835, section 1 of 32 & 33 Vict. c. 65 
 (18G9), section 4 of 35 & 36 Vict. c. 60 (1872), and section 7 of 41 & 42 Vict. 
 c. 26 (1878) is preserved in this clause. It will be observed that under sub- 
 
 * Section 9 of the Act of 1835 fixed three years for the term of residence, wliirh was 
 shortened to one year by section 1 of 32 iVc 83 Vict. c. 5.5 (1869). By tlie 5Iiiiiicii):d 
 Voters Relief Act, 1885 (18 Vict. c. 9, s. 2— See Appendix), it was enacted tliat ii bur- 
 gess who lots liis house as a furnished house, for a iieriod not exceedinfj four months 
 in the qualifying period, and does not for that period reside within seven miles of a 
 borougli is not to bu disqualified. See also Greenvmy v. Batchelor, L. J. (n. s.) 
 1883, page 127, as to j(jint occupation of a private residence where the landlord 
 paid the rates. 
 
 f An attorney's office, if occupied, comes within the meaning of " counting-house." 
 See re Creek (32 L.T., Q.B., 89). 
 
 \ See Reg. v. Mai/or of Exeter — (Wcscomb's case, L. R., 4 Q.B., 110 ; per Black- 
 burn J., as to what is, " in common sense," a residence. 
 
 § By the Medical Relief Disqualification Act. 1885 (48 & 49 Vict. c. 46). the receipt 
 of medical or surgical assistance or any medicine at the expense of the poor's rate is not 
 to disqualify a burgess in respect of being registered and voting. See Appendix.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 29 
 
 section 2. paragraphs b and c, a burgess must be an inhabitant as well as an Burgesses. 
 occupying householder. The residence must be actual and bond fide ; mere 
 colourable residence within the borough or within seven miles will not 
 make a p; rson an inhabitant so as to entitle him to bo on the burgess roll. By 
 32 & 34 Vict. c. 00, s. 1 provides "that the respective distances mentioned in that 
 Act should be measured in the manner directed by section seventy-six of the Act 
 of the session of the sixth and seventh years of Queen Victoria chapter eighteen." 
 The words of that section are, "That the said distance shall be understood to be 
 the distance of seven miU s as measured in a straight line, on the horizontal plane, 
 from the point within a city or borough, or place sharing in the election therewith, 
 from which such distance is to be measured, according to the directions in that 
 behalf in the said Act : Provided always, that in cases where there is now or shall 
 hereafter be a map of any city or borough and of the country surrounding 
 the same, drawn or published under the authority and direction of the principal 
 officers of Her Majesty's Ordnance, such distance may be measured and 
 determined by the said map." This principle was acted on in casss of measure- 
 ment under Metropolitan Police Acts as to cabs (16 & 17 Vict. c. 127, s. 13); 
 Bankers' Cheques (17 & 18 Vict. c. 83, s. 7), see Ecg. v. Inhabitants of Saffron 
 Walden (92 B., 76), Lake v. Butler (5 B. & B., 350). No point is fixed as to or 
 from which the distance is to be measured. A burgess is not, however, the less 
 a householder or the less an occupier of a house because he lets a portion of his 
 house to lodgers. The retention of any part of the house as his own dwelling 
 gives him the legal occupation of the whole ; the occupation of the lodger 
 being considered in law that of the landlord, who is the party entitled to 
 be rated. Paragraph b of the clause has been also settled in respect to the 
 words "joint and several " with reference to the case of Reg. v. The Mai/or of 
 Exeter (Dipstale's case, L. E., 4 Q. B., 114). The rule called upon the mayor to 
 show cause why a mandamus should not issue, commanding him to admit one 
 Dipstale into the place and office of one of the burgesses of the city. Dipstale 
 occupied a house in Exeter jointly with his partner, and carried on his tusiness 
 there. He had the exclusive use of a furnished bed-room and sitting-room. He 
 resided more than seven miles from Exeter, but visited the city every day except 
 Sundays to attend to his business, which he always transacted at the house, and 
 sometimes took his meals there. His affidavit stated that he " sometimes " slept 
 there : — Held (by J J. Blackburn and Hannen) that a joint occupation was a suf- 
 ficient occupation under sec. 9 of the Municipal Corporations Act, to entitle a man 
 to be placed on the list of burgesses, but the Court held that Dipstale had not 
 inhabited the house so as to constilute him an inhabitant householder 
 under the section. Subsection 2, paragraphs «? and e. : " Shop " and the ante- 
 cedent terms are by 41 & 42 Vict. c. 26, s. 5, made to include part of a house, 
 if such part is separately occupied for the purpose of any trade, business or 
 profession. The same " shop " may be now jointly occupied. It is important 
 that a right description of the qualification be mserted on the burgess roll, as 
 otherwise the name may be removed. Reg. v. Mayor of Chipping JVycombe 
 (44 L. J., Q. B., 82). With regard to rating, it is now settled that, in order to 
 constitute a good rating, the name of the party intended to be charged must 
 appear on the rate. Moss (appellant) v. Overseers of Lichfield (respondents), 
 (7 Man. & G., 72). The payment of rates to entitle a person to be put upon the 
 burgess list of a borough must be a payment by his own act. Payment by another 
 person acting as a volunteer and without any authority from the person liable 
 is not sufficient. Reg. v. Mayor and Corporation of Bridgnorth (10 A & E., 66), 
 But a payment by a landlord in consequence of an arrangement between him 
 and his tenant, who was to pay an additional rent in respect thereof, is considered 
 a sufficient payment by the tenant. Moger v. Escott (L. R., 7 C. P., 158). 
 The non-payment of an illegal rate does not disqualify the ratepayer, although 
 he has not appealed against it. Reg. v. Mayor of New Windsor (7 Q. B., 908). 
 Occupiers of any house, warehouse, counting-house, or shop in any borough 
 may claim to be rated to the relief of the poor in respect of such premises, 
 whether the landlord is or is not liable to be rated 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 
 overseer of the parish in which such premises are situate are required to put 
 the name of the occupier upon the rate for the time being. Relief of any kind 
 (subsect. 3, par. b.) — other than medical or surgical relief given by the poor-law
 
 30 THE EXOLLsn MLMCH'AL CODE. 
 
 Burgesses. authorities to a man, or any mombcr of his family whom hy law he is bound to 
 
 maintain — will disqualify him for ydinission to the burgees roll : Kelief to a 
 man's father not within section. Rcij. v. Ireland (L. R., 3 Q B., 130). 
 Instruction in the endowed schools is not a cause of disqualification for 
 burgL'Ssship ; section 10 of the Act of 1835 expressly defined this exemption, 
 and paragraphs a and b, subsection 4, clause 33 of this Act, renew it. 
 "Other alms" mean parochial alms, within the ruling of Rcj. v. Mai/or of 
 Lichfield (2 Q. B., C93j.] 
 
 Council; CoiiDcil ; Maijor, Aldermen, and Councillors. 
 
 Mai] or, > J ■> J 
 
 Aldermen and IQ, — ([ ) The municipal corporation of a borough sliall be 
 Constitution of capable of acting by the council of the borough, and the council 
 
 shall exercise all powers vested in the corporation by this Act 
 
 or otherwise. 
 
 (2.) The council shall consist of the mayor, aldermen, and 
 
 councillors. 
 
 [The effect of sections 6 and 25 of the Act of 1835 is preserved in this 
 clause. It should be noted that the council is not "the corporation" 
 as is sometimes imagined. They are simply the persons chosen by the 
 corporation (the mayor, aldermen, and burgesses at large), to conduct it3 
 affairs. The C'orpo?-atioH of Ili/dc v. The Bank of England, 46 L. T. II. (n. s.) 
 910, supplies a ruling on this point.] 
 
 Quaiiflcation of JJ, — (1.) The councillors shall be fit persons elected by the 
 burgesses. 
 
 ("2.) A person shall not be qualified to be elected or to be a 
 councillor, unless he — 
 
 (a.) Is enrolled and entitled to be enrolled as a burgess ; or 
 
 (J.) Being entitled to bo so enrolled in all respects, except 
 
 that of residence, is resident beyond seven miles but 
 
 within fifteen miles of the borough, and is entered in 
 
 the separate non-resident list directed by this Act to be 
 
 made* ; and 
 
 (c.) In either of those cases, is seised or possessed of real or 
 
 personal property or both, to the value or amount, in the 
 
 case of a borough liaving four or more wards, of one 
 
 thousand pounds, and in the case of any other borough, 
 
 of five hundred pounds, or is rated to the poor rate in 
 
 the borough, in the case of a borough having four or 
 
 more Mards, on the annual value of thirty pounds, and 
 
 in the case of any other borough of fifteen poirnds. 
 
 (3.) Provided, that every person shall be qualified to be 
 
 elected and to be a councillor, who is, at the time of election, 
 
 * See hereon sub-section 12 of section 7.5 of the Local Government Act, 1888, as 
 follows: — "Section 11 of the Municipal Corporations Act, 188'2, with respect to the 
 qualification of a county councillor by reason of his beini^ entered in tlie separate 
 non-resident list, shall hiclude, for the pui-poses of this Act (the Local Government 
 Act), all persons entered in such separate list in any municipal borough by reason of 
 occupation of property in the borough."
 
 TEE MUNICIPAL COHPOltATIONS ACT, 18S2. 31 
 
 qualified to elect to the office of councillor ; which last-men- Council; 
 
 tioned qualification for being elected shall be alternative for AUermen, and 
 
 and shall not repeal or take away any other qualification. Councillors. 
 
 [See Flinthamv. Jioxburffh,l7 Q-B.!). a (arguod in 1886), and wherein it 
 •was /ir/d that a person not qualified to be a burgess, who had been enrolled 
 on the burgess roll, and was therefore entitled to vote under sec. 51, was not 
 therefore qualified to be elected a councillor under this subsection, he not being 
 " entitled " to bo enrolled.] 
 
 (4.) But if a person qualified under the last foregoing proviso 
 
 ceases for six months to reside in the borough, he shall cease to 
 
 be qualified under that proviso, and his office shall become 
 
 vacant, unless he was at the time of his election and continues 
 
 to be qualified in some other manner. 
 
 [The effect of sections 25 and 28 of the Act of 1 83.5, section 3 cf 32 & 33 Vict, 
 c. 55 (1S69), and 43 Vict. c. 17 (1880), is preserved in this clause. Subsection 
 2, paragraph a, has been settled with reference to the case of Middleton and 
 others V. Simpson (L.K., 5 C.P.D., 183), which was a petition against the return of 
 the respondent as town councillor for a ward in Liverpool. The election com- 
 mi>sioner reserved, for the opinion of the higher court, the question of law 
 whether the burgess list and roll were conclusive. Coleridge L.C.J, and JJ. 
 Grove and Lindley held that to be eligible for the office of town councillor a 
 candidate must be " entitled to be on" the burgess roll, and that the fact of 
 his name being on the roll is not conclusive evidence that he is " entitled to be 
 on." It does not, therefore, follow that because an individual procures his 
 enrolment as a burgess he is thereby secured in the privileges of the position, 
 should his enrolment have taken place in ignorance, or otherwise of his disquali- 
 fication to be on the roll. See also section 73, and paragraph c, subsection 1, 
 clause 87, of this Act. Ex parte Birhheck (L. E., 9 Q. B., 256).— It was held 
 that under the old law, not repealed by 38 & 39 Vict. c. 40, it was the existence 
 of the right to be on the burgess roll and not the fact of being on it, which was 
 to be considered in regard to the right of town councillors. Ex parte Hindmarch, 
 (L. R., 3 Q. B., p, 12). — Motion for a quo tcarranto against a town councillor 
 on the roll was made on the ground that he was not duly qualified : per 
 Cockburn C. J. " Proceedings not taken in due time and therefore held to be 
 entitled to be on the list." It is not necessary that the qualification of a 
 burgess for the office of councillor in his borough should be in the ward he 
 seeks to represent.] 
 
 12. — (1.) A person shall be disqualified for being elected Disquaiifica- 
 
 and for being a councillor, if and while he — councillor. 
 
 {a.) Is an elective auditor or a revising assessor*, or holds any 
 
 office or place of profit, other than that of mayor or 
 
 sheriff, in the gift or disposal of the council ; or 
 
 [The distinction shown to exist in the case of Ex parte Molesworth (L. R., 7 
 Q. B. 209), whereon a motion was made for an information calling upon James 
 Adams to show by what right he exercised the office of councillor of the city of 
 Chichester was here done away with. JJ. Lush and Hannen held in the case 
 cited that ward assessors appointed under 7 Will. 4 & 1 Vict. c. 78, s. 4, were 
 not disqualified from serving as counciilors, but that the objection held good 
 against borough assessors elected under the Act of 1835, section 37. The learned 
 judges were, however, of opinion that considerable doubt did exist, and by 
 this Act the ward assessorships were abolished. An overseer of the poor in a 
 borough is not disqualified, as such, from taking office as a councillor if qualified 
 in other respects.] 
 
 * This office was practically abolished by the County Electors Act, 1888 (section 
 4, subsection 1, paragraph a).
 
 32 THE EXGLISU MUXICIPAL CODE. 
 
 Council; (/».) Is in holy orders, or thei-egular minister of a dissentinor 
 
 Mai/or, •a- 
 
 Aldermen, and Congregation* ; or 
 
 [On tho motion for a quo ivarranto information against a town councillor of a 
 borou2:h on the ground that he was disciualified at the election in November, 
 1868, by 5 & 6 Will. 4 c. 76, s. 28, as being " the regular minister of a dis- 
 senting congregation," it appeared that the defendant carried on business in the 
 borough, and was a deacon of the Bapti-t Church there, and he had been invited 
 in September, 18G7, by the members of an Independent Chapel, in a village 
 about ten miles from the borough, to be their minister, which invitation he 
 refused; but he subsequently agreed to preach for them everv Sundav, from the 
 25th of March to the 24th of June, 1SG8. and at the end of this time further 
 agreed to continue to preach till the end of the year 1868 : Meld that the defen- 
 dant was not " the regular mini.-^tor of a dissenting congregation, within s. 28, 
 and was therefore not disqualified as town councillor:" per Blackburn, 
 " regular minister in an analogous position to a beneficed clergyman." Pu;]. 
 v. Oldham (L. R., Q. B., vol. 4, p. 290) : A clergyman may relinquish his 
 clerical office under 33 & 34 Vict. c. 91.] 
 
 (c.) Has directly or indirectly, by himself or his partner, any 
 
 share or interest in any contract or employment with, 
 
 by, or on behalf of the council : 
 
 [The disqualification under this section which is similar to that in section 
 28, 5 & 6 A\ ill. 4, c. 76, appli' s only during the continu;ince of the contract, 
 so that by becoming interested in such a contract an alderman or councillor 
 does not cease to be qualified, or become disqualified within the meaning of 
 section 53 of Act cited, so as to incur penalties for acting alter the termination 
 of the contract, Lewis v. Carr (L. J., 1 Ex. D., 484). Words "contract" or 
 "employment" will receive the widest interpretation. Contract need not be 
 under seal, Reg. v. Francis (18 Q. B., 526: S. E. L. T., Q. B., 304). A lease 
 by corporation to a stranger in trust for councillor, held within meaning, 
 Simpson V. Beady (12 M. & W., 736) ; but such is provided for in the subsection 
 fuUowing. Amongst other cases which provide rulings on this subject are 
 Lefem-rc v. Lancaster (3 E. & B., 530). Fletcher v. Hudson (46 L. T. R. (n. s.), 
 125). Nicholson v. Fields 21 L. J., Ex. 233). Seg.v. Gascarth (42 L. T. 
 (N.S.), 68S.] 
 
 (2.) But a person shall not be so disqualified, or be deemed to 
 have any share or interest in such a contract or employment, 
 by reason only of his having any share or interest in — 
 
 (a.) Any lease, sale, or purchase of land, or any agreement 
 
 for the same ; or 
 {h.) Any agreement for the loan of money, or any security 
 
 for the payment of money only ; or 
 (c.) Any newspaper in which any advertisement relating to 
 
 the affairs of the borough or council is inserted ; or 
 {(l.) Any company which contracts with the council for 
 
 lighting or supplying with water or insuring against fire 
 
 any part of the borough ; or 
 
 [With reference to this paragraph the following question, with the answers, may 
 be of interest — Query: "Can A.B. legally act as an alderman — oris he disqualified 
 for that office — by reason of his holding tho appointment of paid clerk to a com- 
 mittee composed of several representatives of various local authorities constituted 
 
 * This disqualification, as well as that of peers owning property in a county, is removed 
 in the case of county councils imder the Local Government (England and Wales) Act, 
 1888. See Appendix.
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS2. 33 
 
 for the purpose of supijlying certain districts wiih water— the borough for which Cnuncil ; 
 he, A. B., acts as alderman being one of those districts P " — Ai/.^wers. — (1 .) If the ^^n]/'"" 
 waterworks committee is a committee of the corporation, and regarded as such, -jj'lerinen, and 
 and the representatives of other authorities are admitted to take part in its (-'Juncillors. 
 deliberations and proceedings under the powers of any resolution of the council, 
 then A. B. is unquestionably debarred frotn holding the office of alderman 
 during the time he acts as paid clerk of the committee. (2.) But if the com- 
 mittee is constituted and is an authority perfectly distinct from the council, 
 and not required to submit its acts and proceedings for the approval of the 
 council, then A. B. is not disqualified from simultaneously holding the office 
 of alderman of tlie council and paid clerk to the committee. If the committee 
 has power to make contracts independently of the authority of the council the 
 point is without doubt. Paragraph d in subsection 2 of section 12 of the 
 Municipal Corporations Act, 1882, would then apply to the case."] 
 
 {e.) Any railway company, or any company incorporated by 
 Act of Parliament or Roj'al charter, or under the 
 Companies' Act, 1862.* 
 
 [The f ff. ct of section 28 of the Act of 1835, section 15 of 7 Will, 4 and 1 
 Vict. c. 78 (1837), sections 1, 7 and 8 of 5 & 6 Vict. c. 10-t (1842). sections 
 1 and 6 of 15 & 16 Vict. c. 5 (1852), and section 5 of 32 & 33 Vict. c. 55 
 (1869), is preserved in this clause.] 
 
 13. — (1.) The term of office of a councillor shall be three Te™ of ofince 
 
 ^ ' aua rotation of 
 
 years. councillors. 
 
 (2.) — On the ordinary day of election of councillors in every 
 year one third of the whole number of councillors for the 
 borough or for the ward, as the case may bo, shall go out of 
 office, and their places shall be filled by election, 
 
 (3.) The third to go out shall be the councillors who have 
 been longest in office without re-election. 
 
 [The effect of sections 30, 31 and 43 of the Act of 1835 is preserved in 
 this clause.] 
 
 14. — (1.) The aldermen shall be fit persons elected by the N-umber, term 
 
 • I of office, and 
 
 council, rotation of 
 
 aldei'men. 
 
 [The use here of the word "fit " implies that the olEce is to be regarded 
 as one of honour and dignity.] 
 
 (2.) The number of aldermen shall be one third of the 
 number of councillors. 
 
 (3.) A person shall not be qualified to be elected or to be an 
 alderman unless he is a councillor or qualified to be a councillor. 
 
 (4.) If a councillor is elected to, and accepts, the office of 
 alderman he vacates his office of councillor. 
 
 (5.) The term of office of an alderman shall be six years. 
 
 * The 25 Si 26 Vict. c. 89.
 
 3( 
 
 THE ESULISH MUNICIPAL CODE. 
 
 Qualification, 
 term of otl;ce, 
 salary, pre- 
 cedence, and 
 powers of 
 mayor. 
 
 Council; (0.) On tlie Ordinary day of election of aldermen in every 
 
 Afdermenand tliii'd year One half of the whole nuniher of aldermen shall go 
 Coun:iHors. q^^ (jf office, and their places shall be filled by election. 
 
 (7.) The half to go out shall be those who have been alder- 
 men for the longest time without re-election. 
 
 [The effect of sections 25 and 27 of the Act of 183.3 is preserved in this 
 clause.] 
 
 15.— (1.) The mayor shall be a fit person elected by the 
 council from among the aldermen or councillors or persons 
 qualified to be such. 
 
 [This subsection effects a very important amendment of the Act of 1S3.5. By 
 section 49 of that statute the mayor was to be elected from the aldenncn or 
 councillors. No person could, therefore, fill the chief magistracy without pre- 
 liminary election by the burgesses as a councillor, or appointment by the council 
 as alderman. At the same time this restriction did not prevent the possibility d 
 a curious and to some extent inconsistent circumstance happcniniif every third 
 year if the council so pleased. By section 49 of the Act of 183.5 the first bu.vi- 
 ness to be transacted at the quarterly meetini^ falling on the 9th of November 
 in each year was specifically confined to the election of a mayor. An outgoing 
 alderman could be elected without his subsequent re-election as alderman being 
 required or involved. The ordinary and legal numb<r of the council would 
 apparently be thus increased by one, 1 ut, in an appointment under such 
 circumstances, it would become difficult to determine how far the ma\ or 
 was a member of the council or was not. An incident of this character marked 
 the mayoralty election of St. Ives, in Cornwall, on the 9th November, 1880* 
 The newly-elected mayor was one of the retiring aldermen. He was not re- 
 elected as alderman, and the town clerk on being appealed to advised that the 
 mayoralty should be retained, but that no vote could or should be uiven except a 
 casting vote as mayor in the event of an equal division of the council, he (the 
 mayor) not being a member of the council, but only an officer, with ( ertain 
 powers under the law. Tliere is no doubt of the soundness of the town clerk's 
 advice ; but it is as well that this subsection, and the following one, which may 
 be regarded as a necessary corollary, have met the po:nt allu'led to in adilition to 
 giving the council a wider field for the choice of a ^'■Jit " person for the honour- 
 able position of chief magistrate. Anij pruperUj quvlxjkd huujtss can now be 
 elected as mayor to the exclusion of member.s of the council.] 
 
 (2.) An outgoing alderman is eligible. 
 [The note to the preceding subsection should be read with this.] 
 
 (3.) The term of office of the mayor shall be one year, but 
 he shall continue in office until his successor has accepted office 
 and made and subscribed the required declaration. 
 
 [This subsection ensures the perpetuity of the mayoralty except in the event 
 of death.] 
 
 • See the " M>inicip;>l Cni-jioraHons Companion and Year Book of Statistics" 
 (J. R. Soniers ViiieJ for IbSl. p. 402: Walerlow & Sous Limited, Loudoji Wall.
 
 THE MUNICIPAL CORPORATIONS ACT, 18S2. 35 
 
 (4.) lie may receive such remuneration as the council think Council ; 
 
 reasonable. Aldermen and 
 
 Councillors. 
 [It may be observed here that it is a custom which has been generally 
 adopted for a council desiring to spend a sum of money upon objects which are 
 outside the application thereto of the money of the ratepayers, to attain the 
 end desired by voting the amount needed as a temporary increase of salary to the 
 mayor. ] 
 
 (5.) He shall, subject to the provisions of this Act respecting 
 justices, have precedence in all places in the borough. 
 
 [The proviso in this subsection applies in cases where a borough has not a 
 separate commission of the peace, and is comprised in a county petty sessional 
 division. The mayor may claim to be in the chair when the business to be 
 transacted arises in his own borough, but not otherwise. The application of 
 this Act to county councils by the Local Government Act, 1888, is not to 
 include this subsection. See section 75, subsection 16, paragraph b, of 
 that Act.] 
 
 (6.) The mayor of a borough named in the schedules to the 
 Municipal Corporations Act, 1835, shall be capable in law to 
 do and suffer all acts which the chief officer of the borough 
 might at the passing of that Act lawfully do or suffer, as far 
 as the same were not altered or annulled by that Act, or have 
 not been altered or annulled by any subsequent Act. 
 
 [The effect of sections 6, 25, 49, 67, and 58 of the Act of 1 835, and section 4 of 
 6 & 7 Will. 4, c. 105 (1836), is preserved by this clause (16), sof;ir as election of 
 mayor by the council. The area of selection is extended to those qualified to be 
 aldermen or councillors, election to the latter no longer being a condition prece- 
 dent of eligibility for former Subsection 6 is simply a saving of ancient rights.] 
 
 16. — (1.) The mayor may from time to lime appoint an Power of mayor 
 
 , , .,*; - ^^ to appoiut 
 
 alderman or councillor to act as deputy mayor during the deputy. 
 illness or absence of the mayor. 
 
 (2.) The appointment shall be signified to the council in 
 writing, and be recorded in their minutes. 
 
 (3.) A deputy mayor may, while acting as such, do all acts 
 wh'ch the mayor as such might do, except that he shall not 
 take the chair at a meeting of the council, unless specially 
 appointed by the meeting to do so, and shall not, unless he is 
 a justice, act as a justice or in any judicial capacity. 
 
 [The effect of sections 7 and 8 of 16 & 17 Vict. c. 79 (1853), is preserved in this 
 clause. The deputj' may do all that the mayor could do in his official capacity, 
 except as restricted by subsection 3. The application of this A.ct to county 
 councils by the Local Government Act, 1888, is not to include this suction. 
 See section 75, subsection 16, p<ragraph
 
 Sli THE EXOLISH MUNICIPAL CODE. 
 
 Officers of OfficCt'S of CoUHClL 
 
 Council. 
 
 The twn clerk 17. — (1.) Tlie couucil sliall from time to time appoint a fit 
 aa fepuy. person, not a member of the council, to be the town clerk of 
 the borough. 
 
 [The appointment should always be ratified under the corporate seal. So 
 many important duties have at times to be perlormed by the town clerk on 
 behalf of the corpoiation i hat this precaution is necessary.] 
 
 (2.) The town clerk shall hold office during the pleasure of 
 the couucil. 
 
 [A resolution of the council rescinding the appointment is sufficient. — Tifj. 
 V. Thomas (8, A. & E. 183).] 
 
 (3.) He shall have the charge and custody of, and be respon- 
 sible for, tlie charters, deeds, records, and documents of the 
 borough, and they shall be kept as the council direct. 
 
 [The town clerk cannot establish a lien on corporation documents other than 
 papers used in work done as a solicitor. Iteg. v. Sankey (5 A. & E. 43).] 
 
 (4.) A vacancy in the office shall be filled within twenty-one 
 days after its occurrence. 
 
 (5.) In case of the illness or absence of the town clerk, the 
 council may appoint a deputy town clerk, to hold office during 
 their pleasure. 
 
 [This power is very limited, and difficult circumstances might arise by the 
 to«n clerk not having power to nominate a deputy in case of his illness or 
 absence.] 
 
 (6.) Ail things required or authorized by law to be done bv 
 or to the town clerk may be done by or to the deputy town 
 clerk. 
 
 [The cffoct of sections 58 and G5 of the Act of 183.5 is preserved in this clnuse. 
 In n(;arJyall large boroughs tlie duties of the town clerk are defined in writing, 
 because work is thrown upon them other than that defined by statute. 
 Subject to the provisions of this Act the ordinary law of master and servant 
 would apply to all ofiBcers appointed by a town council.] 
 
 The treasurer. 18. — (1.) The couucil shall froui time to time appoint a fit 
 person, not a member of the council, to be the treasurer of the 
 borough. 
 
 (2.) The tieasurcr shall hold office during the pleasure of the 
 council.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 37 
 
 [By se't^on 53 of tho Act of 1835 the treasurer was elected annually. The officert of 
 Act 6 & 7 Vict. c. 89 (18'13) directed the office to be held at pleasure.] Council. 
 
 (3.) A vacancy in the office shall be filled within twenty-one 
 days after its occurrence. 
 
 (4.) The offices of town clerk and treasurer shall not be held 
 by the same person. 
 
 [The effect of section 5S of tho Act of 1835 and section 6 of 6 and 7 Vict. c. 
 S9 (1843) is preserved in this clause.] 
 
 19. — The council shall from time to time appoint such other other borough 
 officers as have been usually appointed m the borough, or as the ° 
 council think necessary, and may at any time discontinue the 
 appointment of any officer appearing to them not necessary to 
 be re-appointed. 
 
 [The effect of section 58 of the Act of 183o is preserved in this clause. It 
 follows herein th;it compensation could not be claimed for loss of office if even 
 the office vacated bo not actually abolished by the council. It would be 
 enough for the council to determine that, in their opinion, it is not necessary 
 to re-uppoiiit any particular olhcer.] 
 
 20. — Tlie council shall require every officer appointed by them security by and 
 
 , .11 PiiT j^' reniuneriition 
 
 to give such security as they thmk proper tor the due execution of officers. 
 of his office, and shall allow him such remuneration as they 
 think reasonable. 
 
 [The effect of section .58 of the Act of 1835 is preserved in this clause. Tho 
 town clerk is to be paid by salary, out of the borough fund ; but, whether he 
 t.us or has not a fixed salary, he cannot make any claim against the corporation 
 for payment in respect of the duties imposed upon him by this Act, or by tho 
 lieform Act. Jones v. Mntjor of Carmarthen (8 M. and W., 605). His salary is 
 considered a compensation for all loss of time, &c. But he is entitled to be 
 repaid money actually disbursed for the preparation of ward lists, &c. Reg. v. 
 Gtn-cr7ior of Poor in Bull (2 E. & B., 182). From the principles laid down it 
 follows that he has no claim for charges in respect of revision of burgess 
 lists, ward lists, election of councillors, or auditors, returns to Secretary 
 of State, bye-laws, copying, &c. However, the town council may resolve to 
 pay him, besides his salary, the usual charges for defending and bringing 
 actions, &c. See Thomas v. Maijor and Corporation of Sivansea (2 DowL, N.S., 
 470) ; Stevenson v. Mai/or and Corporation of Berwick (1 Q. B,, 151). See also 
 Reff. V. Prcst (IG Q. B., 32).] 
 
 21. — (1.) Every officer appointed by the council shall at such Accoun'abiiitv 
 times during the continuance of his office, or withm three 
 months after his ceasing to hold it, and in such manner as the 
 council direct, deliver to the council, or as they direct, a true 
 account in writing of all matters committed to his charge, and 
 of his receipts and payments, with vouchers, and a list of per- 
 sons from whom money is due for purposes of tliis Act in 
 connection with his office, shewing the amount due fi'om each. 
 
 433366
 
 38 THE ENGLISH MUNICIPAL CODE. 
 
 OfFcers of (2.) Every such officer shall pay all money due from him to 
 
 Counct . ^^^ treasurer, or as the council direct. 
 
 (3.) If any such officer — 
 
 {a.) Ivefuses or wilfully neglects to deliver any account or 
 list which he ought to deliver, or any voucher relating 
 thereto, or to make any payment which he ought to 
 make ; or 
 
 [" Wilfully" means " intentionally." See Tiii/lor v. Vergette (L. J., N. S., 
 Ex. 401). For interpretalion of '• wilful," see 17 & 18 Vict. c. 102, s. 14.] 
 
 {b.) After three days' notice in writing, signed by the town 
 clerk or by three members of the council, given or left 
 at his usual or last known place of abode, refuses or 
 wilfully neglects to deliver to the council, or as they 
 direct, any book or document which he ought so to 
 deliver, or to give satisfaction respecting it to the council 
 or as they direct ; 
 
 a court of summary jurisdiction* having jurisdiction where the 
 officer is or resides may, by summary order, require him to 
 make such delivery or payment, or to give such satisfaction. 
 
 [By this subsection, ii even the officers bo living within the borough, and 
 the borough have a commission of the peace of its own, county magistrates may 
 determine complaints against corporate officers by virtue ot their jurisdiction 
 under suT)section 1 of section 154 of this Act. See also Baylis v, Strickland 
 (1 M. & G. 591).] 
 
 (4.) But nothing in this section shall affect any remedy by 
 action against any such officer or his surety, except that the 
 officer shall not be both sued by action and proceeded against 
 summarily for the same cause. 
 
 [The effect of section 60 of the Act of 1835 is preserved in tbis clause. See 
 Mnyor and Corporation of Lichfield v. Simpson (8 Q.B., 05).] 
 
 MeetijiffS and 
 
 Proceedings of Meetings and PyoceedimiH of Council ; Coiiuiiiitees. 
 
 Council , ^ . 
 
 Conimitteca. 
 
 Quarterly and 22- — (1.) The rulcs iu the Sccoud Schcdule shall be 
 
 other meetings 
 
 of council J ' observed. 
 
 appointment of 
 
 committees, 
 
 minutes, &c, 
 
 • As to the Court of Summary Jurisdiction see 4"2 & 43 Vict. c. 49, s. 20, sub- 
 section 10.
 
 THE MUNICIPAL CORFORATIOXS ACT, 1882. 39 
 
 Tlie Schedule is as follows :— Meelinas and 
 
 1. The council shall hold four quarterly meetings in every year for the j'/ocefdinos (./ 
 transaction of general business. Council 
 
 2. The quarterly meetings shall be held at noon on each ninth* of Commilte's. 
 November, and at such hour on such other three days before the first of 
 November the next following as the council at the quarterly meeting in 
 November decide or afterwards from time to time by standing order 
 determine. 
 
 3. The mayor may at any time call a meeting of the council. 
 
 [It is not necessary that the notice of such meeting contain a statement of 
 th" business to be transacted. This, however, applies only to meetings called 
 by the mayor on his own initiative and authority.] 
 
 4. If the mayor refuses to call a meeting after a requisition for that pur- 
 pose, signed by five members of the council, has been presented to him, any 
 live members of the council may forthwith, on that refusal, call a meeting. 
 If the mayor without so refusing) does not within seven days after such 
 presentation call a meeting, any five members of the cauncil may, on the 
 ex])iration of those seven days, call a meeting. 
 
 5. Three clear days at least before anyt meeting of the council, notice 
 of the time and place of tne inton-lod meeting, signed by the mayor, or if 
 the meeting is called by mem^ ers of the council, by those members, shall 
 be fixed on the town hall. Where the meeting is called by members of the 
 council, the notice shall specify the business proposed to be transacted 
 thereat. 
 
 6. Three clear days at least before any meeting of the council, a summons 
 to attend the meeting, specifying the business proposed to be transacted 
 thereat, and signed by the town clerk, shall be left or delivered by post in 
 a registeredX letter at the usual place of abode of every member of the 
 council, three clear days at least before the meeting. 
 
 7. "Want of service of the summons on any member of the council shall 
 not afl^ect the validity of a meeting. 
 
 8. No business shall be transacted at a meeting other than that specified, 
 in the summons relating thereto, except in case of a quarterly meetingt 
 business prescribed by this Act to be transacted thereat. 
 
 [The question as to what particular business would fall within the des- 
 cription of "business prescribed by this Act to be transacted thereat," would 
 seem to afford opportunities for occasional difliculties which would have to be 
 determined with reference to special circumstances.] 
 
 * The date of the November quarterly meeting for county councils under the Local 
 Government Act, 1888, is the seventh. 
 
 f .\t an adjfnirned quaitethj meeting it was held that notice must be given of any 
 business which was not actually begun at the quarterly meetmg ; but of business actually 
 commenced no notice was requisite. — lieg. v. Grimshaw (10 Q.B., 747); but the mayor 
 
 of C ruled at a quarterly meeting, under this Act, that only business named on 
 
 the agenda could be taken. This ruling was objected to on the ground that an agenda 
 for fl quarterhj meetitig can only be regarded as an assistance to the members with 
 respect to business which it is intended and desired that the council should be made 
 acquamted. It was maintained that the principal object of the law in requiring the 
 coumil to decide at the first quarterly meeting the dates of the three succeeding 
 quarterly meetings, is that the members of the council may have those dates in their 
 memory and be aware that business may be brought forward at the meetings on those 
 dates without any other notice. If the mayor calls a meeting on requisition the 
 summons comes under the provisions of Rule 6 and notice of the agenda must be 
 given. In a case recently submitted for the opinion of council, it was advased that an 
 agenda for a quarterly meeting was now necessary and that only business " prescribed 
 by the Act," could be transacted thereat without notice, but in face of the ruhng 
 quoted above, and which thereafter settled the practice under the Act of 1835, and 
 the fact that the present schedule does not clearly abrogate that practice, it must be ad- 
 mitted that doubts may be reasonably entertained of the necessity of an agenda for 
 quarterly meetings. Notice of a quarterly meeting, if given, must of course be given 
 in the manner directed. 
 
 J This is an addition to the requirements londer section 69 of the Act of 1835.
 
 40 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Meetings and ^- -^^ every meeting of the council, the mayor, if present, shall be 
 
 Procecdinns of chairman. Jt' the mayor is alisent, tlien the deputy mayor, if chosen* for 
 
 Council • t'^^t purpose by the members of the council then present, shall be chainnan. 
 
 Committees. ^^ both the mayor and the deputy mayor are absent, or the deputy mayor 
 
 beinir present, is not chosen, then such aldermen, or in the absence of all 
 
 the aldermen, such councillor, as the members of the council tliun present 
 
 choose, shall be chairman. 
 
 10. All acts of the council, and all questions coming or arising before the 
 council, may be done and decided by tlie majority of such members of the 
 council as are present and vote at a meeting beld in pursuance of this Act, 
 the whole number presc-ntat the meeting, whether voting or n'>t, not being 
 less than one third of the numDer of the whole council. 
 
 [At a town council meeting, wlicrc there were thirteen members present 
 besides the chairman, on a question being put six voted for and four against 
 and three besides the chairman did not vote, though they remained in the room. 
 This vote was questioned on the contention that, according to section 69 of the 
 Act of 18:j5, it was not good, as it was not a majority of the members present, 
 who voted for it. The generally received view of this section was that a 
 majority of those present was required for a resolution to be valid. This rule 
 (10), which takes the place of section G9, effects a substantial change, or, at all 
 events, clears up a doubtful point. Under the section named it was not certain 
 if any members present at a meeting abstained from voting and a resolution was 
 carried bj^ a number le.ss than a m:ijority of those present it was valid]. 
 
 11. In case of equality of votes, the chairman of the meeting shall have 
 a second or casting vote. 
 
 12. Minutes of the pr' ccedings of every meeting shall be drawn up and 
 fairly entered in a book kept tor that purpose, and shall be signed in 
 manner authorized by this Act. 
 
 13. Subject to the' foregoing provisions of this schedule, the council may 
 from time to time make standing orders for the regulation of their pro- 
 ceedings and business, and vary or revoke the same. 
 
 [The etlect of section 69 of the Act of 1835, and section 3 of 3G & 37 Vict. 
 0. 33 (1873), is i^reserved in the foregoing schedule]. 
 
 (2.) The council may from time to time appoint out of their 
 
 own body such and so many committees, either of a general or 
 
 special nature, and consisting of such number of persons, as 
 
 ihey think fit,t lor any purposes which, in the opinion of the 
 
 council, would be better regulated and munagod by means of 
 
 such committees; but the acts of every such committee shall be 
 
 submitted to the council for their approval. 
 
 [With reference to the subject of committees the following statement of a 
 case for opinion can be advantageously noticed here: — "The town council of 
 
 S are in the habit of api^ointing (on the 9th of each November) the 
 
 whole of the council as a committee for finance, watcbingfand urban sanitary 
 purposes, each member of the council, in fact, being a member of three 
 important committees. The council also a])point other committees not composed 
 of the wliolo number of nu.iub-rs of the council, and it is the i)ractice for these 
 small committe(;s to rcj)ort at jih asure to one or other of the tliree large com- 
 mittees. Objection being taken to this procedure it was decided, with the tacit 
 concurrence of the town clerk, that a report to one or other of the committees 
 composed of the whole of the council can make no difference, seeing that they 
 are really the council. Is this method irregular or illegal, and can the council 
 properly ajijioint a committee 'of and not 'out' of the council r " From 
 inquiries instituted upon this statement it was elicited that the small connnittees 
 
 * This sentence of the paragraph would imply that the deputy mayor should bo 
 chosen unless some good reason exists for passing him over. 
 
 + The Watch Committee must not, however, exceed one-third of the Council. See 
 section 190, sub-section 1.
 
 THE MUj^rCIFAL COBPORATIONS ACT, ISSS. i\ 
 
 •were not appointed by the council sitting as one or other of the three large com- Meetiriffs am! 
 niittees befon; referred to, but by the council sitting as such, and that no special j>,-occi(lhujs of 
 instructions were laid down as to how or to what body reports should bo made. Council; 
 The following answer was returned :— " (1.) The practice of appointing the entire Comm'Utee$. 
 body of the council is not opposed to the law * and although it is not a practice 
 
 observed elsewhere to the extent that obtains in S , still it is a fact that 
 
 most corporations appoint the whole body of the council to act upon some par- 
 ticular committee. Iklany people may say that it is farcical for a committee and 
 a council composed of exactly the same members to exist side by side, but it is 
 not so because an ojiposition in committee (whether successful or unsuccessful) can 
 be repeated when the committee is constituted as the council without reference 
 to what has occurred in committee. Say, for example, that a council of 12 con- 
 stitute themselves a committee. When sitting in committee a subject is discussed 
 and divided upon. The minority in the interval between the holding of the 
 committee meeting and the meeting of the council (however long or short) may 
 obtain information and learn facts, which, if known in committee, might have 
 influenced some on the opposite side to vote with theni. The opposition might 
 then be renewed when sitting as a council, and if even they are not armed with 
 fresh facts and arguments minorities are not prevented standing upon their strict 
 rights and renewing the opposition in council. (2.) It is irregular for one com- 
 mittee to report to another, unless the committee reporting has been appointed 
 by the committee to which it reports, or the council has specially instructed it to 
 so report. If say, a committee is appointed by the council — sitting as the council — 
 then the committee must report to the council unless it has a special instruction 
 to report to some other committee. A committee, unless constituted as a sub- 
 committee, so reporting, affords opportunity for an opposition being twice 
 repeated, or in other words, for a subject to be fought three times — viz. (1) in 
 the committee which reports, (2) in the committee reported to, and (3) in the 
 council." The fact of a committee being composed of the whole of the members 
 of the council does not relieve it from the duty of reporting its action for 
 approval to the council as such.] 
 
 (3.) A member of the council shall not vote or take part in the 
 
 discussion of any matter belbre the council, or a committee, in 
 
 which he has, directly or indirectly, by himself or by his partner, 
 
 any pecuniary interest. 
 
 [See paragraphs a, b, c, d, and e, subsection 2, and section 12 of this Act for 
 exceptions to disqualification, which also hold good under this subsection]. 
 
 (4.) No act or proceeding of the council, or of a committee, 
 
 shall be questioned on account of any vacancy in their body. 
 
 [The effect of this subsection is to prevent the stoppage of any council or 
 committee business by reason of the occurreuce of a casual vacancy from what- 
 ever cause arising]. 
 
 (5.) A minute of proceedings at a meeting of the council, or 
 of a committee, signed at the same or the next ensuing meet- 
 ing, by the mayor, or by a member of the council, or of the 
 committee, describing himself as, or appearing to be, chairman 
 of the meeting at which the minute is signed, shall be received 
 
 in evidence without further proof. 
 
 [This subsection (with paragraph 12 of the Second Schedule) effects a much 
 needed settlement of the rules which ought and should guide the keeping and con- 
 firmation of the minutes of proceedings. It assimilates the procedure to that now 
 generally obsei-ved by all regularly constituted bodies, namely, that the recorded 
 proceedings of one meeting shall be submitted to and signed by the chairman (i 
 the next subsequent meeting. PrcAdous to the passing of this Act the usage varied 
 considerably. Some councils followed the course which is laid down in this 
 subsection quite regardless of the fact that by section 69 of the Act of 1835, the 
 
 •Esceptinthecaseof a watch committee limited under thisAct to one-third of the council.
 
 42 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 MeetitK/s and siprnatiirc of any other person than that of the actual chairman of the meeting; to 
 
 rroceellings of '^vliich tlie minutus refernd would bo illegal. Other councils dfcmed that the 
 
 Council • 1'^^^ '*'i*i heen Cdiuplicd with by the chairman of any particular incctiug isigning 
 
 Committees. t^^ minutes of tluit meeting wlicTievcr presented to liim for that purpose ; 
 
 wliilst some so literally observed the directions " shall be signed by tlie mayor, 
 
 alderman, or councillor /)/rsiVj«i7 a< swe/i nieeling" as to require the minutes to 
 
 be fairly transcribed then and there, and signed before the chairman vacated his 
 
 seat. In the event of voluiiino'is correspondence or detailed particulars being 
 
 ordered to be entered on tlie niiimtes, this last method often involved a tedious 
 
 interval h(>t ween the formal break up of the council and the release of the chainnan 
 
 from his position. It would seem that of the three methods referred to, the last 
 
 named was undoubtedly a rigid adherence to the directions of the statutv, whilst 
 
 the t rst would be positively irregular, and the second open to doubt. By this 
 
 subsection any one of these three courses would be correct]. 
 
 (6.) Until the contrary is proved, every meeting of the 
 council, or of a committee, in respect of the proceedings where- 
 of a minute has been so made, shall be deemed to have been 
 duly convened and held, and all the members of the meeting 
 shall be deemed to have been duly qualified ; and where the 
 proceedings are proceedings of a commiltee, the committee shall 
 be deemed to have been duly constituted, and to have had 
 power to deal with the matters referred to in the minutes. 
 
 [The efTect of sections 69 & 70 of the Act of 1835, section 22 of 7 Will 4 & 1 
 Vict. c. 78 (1837), section 2 of 5 & 6 Vict. c. 101 (1842), and section 3 of 36 & 
 37 Vict. c. 33 (1873), is preserved in this clause. The "proof to the con- 
 trary" required by subsection 6 would have to be raised by writ of quo warranto 
 in the High Coui-t. — See judgment of Coleridge J., Reg. v. Thomas, 8. 
 A. & E., 1S3J. 
 
 Bye-laics. 
 
 23. — (1.) The council may, from time to time, make such 
 bye-laws as to them seem meet for the good rule and govern- 
 ment of the borough, and for prevention and suppression of 
 nuisances not already punishable in a summary manner by 
 virtue of any Act in force throughout the borough, and may 
 thereby appoint such fines, not exceeding in any case five pounds, 
 as they deem necessary for the prevention and suppression of 
 offences against the same. 
 
 (2.) Such a bye-law shall not be made unless at least two 
 thirds of the whole number of the council are present. 
 
 (3.) Such a bye-law shall not come into force until the expira- 
 tion of forty days after a copy thereof has been fixed on the 
 town hall. 
 
 (4.) Such a bye-law shall not come into force until the expira- 
 tion of forty days after a copy thereof, sealed with the corporate 
 seal, has been sent to the Secretary of State ; and if within those 
 forty days the Queen, with the advice of Her Privy Council, 
 Hi-!illow8 the bye-law or part thereof, the bye-law or part dis- 
 
 Bye-laws. 
 
 Power of coun- 
 cil to mako 
 bj I -laws.
 
 THE MTfNICirAl COItrOliATIOXS ACT, 18S2. 43 
 
 allowed shall not come into force ; but it shall be lawful for the liye-latc: 
 Queen, at any time within those forty days, to enlarge the time 
 within which the bye-law shall not come into force, and in that 
 case the bye-law shall not come into force until after the expira- 
 tion of that enlars-ed time. 
 
 (5.) Any offence against such a bye-law may be prosecuted 
 summarily. 
 
 (6.) Nothing in this section shall interfere with the operation 
 of section one hundred and eighty-seven of the Public Health 
 Act, 1875; and that section shall have eifect as if this 
 section were therein referred to, instead of section ninety 
 of the Municipal Corporations Act, 1835 ; but nothing in 
 the Public Health Act, 1875, shall be construed as having 
 restricted the meaning or scope of the Municipal Corporations 
 Act, 1835, or as restricting the meaning or scope of this section, 
 with respect to prevention or suppression of nuisances. 
 
 [The effect of sections 90 and 91 of the Act of 1835, and section 187 of 
 38 & 39 Vict. c. 55 (1875) is preserved in this clause. This power of making 
 bye-laws is one of the most important entrusted to the covmcil. It is settled by 
 decided cases that they must he reasonable and not inconsistent with any statute 
 or with the general principles of the law of the land : that a bye-law can be 
 made for the regulation of any trade carried on within the borough, but not 
 in restraint of it (see Everett v. Grapes, 3 L.T., N.S., 669) ; that this power of 
 regulation still remains, notwithstanding section 14 of the Act of 1835 abolished 
 all exclusive rights of trading ; and that the validity of a bye-law may be tested 
 and tried in an action brought to recover the penalty, or, if the mode of enforcing 
 the penalty be by distress, by an action of trespass. Within the limits of its 
 operation, bye-laws have the same force as Acts of Parliament. Hopkins v. 
 Mayor of Swansea (4 M. & W. 621) . 
 
 A bye-law made by a council, under this section (in 1886), provided that 
 " no person, not being a member of Her Majesty's army or auxiliary forces, 
 acting under the orders of his commanding officer," should sound or play upon 
 any musical instrument in any of the streets of the borough on Sunday : Held 
 that the bye-law was unreasonable and ultra vires, and therefore void. 
 Johnson v. Mayor, ^-c., of Croydon, 16 Q.B.D. 708. A bye-law (made in 1887), 
 making parents liable to a penalty if they suffered a child to sell articles in the 
 street after a certain hour was also held to be in excess of the powers here 
 given. Macdonald\. Lochrane, 61 J. P. 691. 
 
 24. The production of a written copy of a bye-law made by Evidence of 
 
 the council under this Act, or under any former or present or 
 
 future general or local Act of Parliament, if authenticated by 
 
 the corporate seal shall, until the contrary is proved, be sufficient 
 
 evidence of the due making and existence of the bye-law, and, 
 
 if it is so stated in the copy, of the bye-law having been 
 
 approved and confirmed by the authority whose approval or 
 
 confirmation is required to the making or before the enforcing 
 
 of the bye-law. 
 
 [The effect of section 2 of 36 & 37 Vict. c. 33 (1873) is preserved in this 
 clause].
 
 41 
 
 TBE ENGLISH MVmClFAL COLE. 
 
 Accounts and 
 Audit 
 
 The borough 
 auditors. 
 
 Half-yearly 
 accounts of 
 treasurer. 
 
 Audit and pulj- 
 licalio 1 of 
 treasurer's 
 aucoants. 
 
 Uctums to 
 Ijocal (iovcrn- 
 tacut Board. 
 
 Accounts and Aiidif, 
 
 25. — (1.) There shall be ihree borough auditors, two elected 
 by the burgesse.s, called elective auditors, and one appointed by 
 the mayor, called mayor's auditor. 
 
 (2). An elective auditor must be qualified to be a councillor, 
 but may not be a member of the council or the town clerk or 
 the treasurer. 
 
 (3.) The mayor's auditor must be a member of the council. 
 
 (4.) The term of office of each auditor shall be one year. 
 
 (5.) The appointment of the mayor's auditor shall be made 
 on the ordinary day of election of the elective auditors. 
 
 (6.) On a casual vacancy in his office an appointment to fill it 
 shall be made within ten days after the occurrence of the vacancy. 
 
 [The effect cif sections 37 and 93 of the Act of 1835 and section 1 of 40 & 41 
 Vict. c. 66 (1871), is preserved in this clause. It will be noticed that the terms 
 "mayor's auditor " and " elective auditor " are new designations.] 
 
 26. — The treasurer shall make up his accounts half-yearly to 
 such dates as the council, with the approval of the Local Govfrn- 
 raent Board, from time to time appoint ; and, subject to any such 
 appointment, to the dates in use at the commencement of this Act. 
 
 [The effect of section 93 of the Act of 183-5 and section I of 40 & 41 Vict., 
 c. 06 (1877) is preserved in this clause. The dates generally approved by the 
 Local Government Board are the 29th of September and the 2oth of March, the 
 hitter date being that particularly named in the Local Taxation lieturns Act, 
 1»77, for the making of annual returns to the Local Government Board.] 
 
 27. — (1.) The treasurer shall within one month from the 
 date to which he is required to make up his accounts in each 
 half year, submit them, with the necessary vouchers and papers, 
 to the borough auditors, and they shall audit them. 
 
 (2.) After the audit of the accounts for the second half of 
 
 each financial year the treasurer shall print a full abstract of his 
 
 accounts for that year. 
 
 [The effect of section 93 of the Act of 1835 is preserved in this clause.] 
 
 28. — (I.) The town clerk shall make a return to the Local 
 Government Board of the receipts and expenditure of the 
 municipal corporation for each financial year. 
 
 (2.) The return shall be made for the financial year ending 
 on the tweiitv-filth of March,* or on such other day as the Local 
 
 * The uniform dntc for making up these returns will be— not later than the year 
 1891— the 31st of March in each year. See seaion 73 of the Local Government 
 (England and Wales) Act, 1888.
 
 THE MUNFCirAL CORPORATIONS ACT, 1S82. 45 
 
 Government Board, on the application of the council, from time Aacountu and 
 
 .. Audit. 
 
 to time prescribe. 
 
 (3.) Tlie return shall be in such form and contain such par- 
 ticulars as the Local Grovornmcnt Board from time to time direct. 
 
 (4.) The return shall be sent to the Local Q-overnraent Board 
 withiu one month alter the completion of the audit for the 
 second half of each financial year. 
 
 (5.) If the town clerk fails to make any return required under 
 this section, he sliall for each offence be liable to a fine not 
 exceeding twenty pr)unds to be recovered by action on behalf of 
 the Crown in the High Court. 
 
 (6.) The Local Government Board shall in each year prepare 
 an abstract of the returns made in pursuance of this section, 
 under general heads, and it shall be laid before both Houses of 
 
 Parliament. 
 
 [The efEect of section 10 of 6 & 7 Will. 4, c. 104 (1836), section 43 of 7 
 Will. 4 and 1 Vict. c. 78 (1837), and 23 (&; 24 Vict. c. 51 (1860), and 40 & 41 Vict. 
 C. 66 (1870), is preserved in this clause. The general heads under which returns 
 are now required by the Local Grovernment Board are as follows : — Receipts. 
 From borough rate ; other rates ; tolls and dues ; rents ; fines on renewal of 
 leases ; allowances from Her Majesty's Treasury for pay and clothing of police, 
 prosecution, &c., of prisoners, and maintenance of borough lunatics ; sale of 
 property ; loans effected on security of rates or property ; and all other sources 
 of income not included in foregoing. Expendilnrc. Public works, main- 
 tenance, and repairs ; cost of police ; cost of prosecutions, maintenance of 
 prisoners ; cost of lunatics chargeable to borough ; contribution to school 
 boaids ; loans repaid (with interest) during year ; salaries and collectors' 
 poundage ; sinking fund ; and all other charges not included in foregoing. 
 Also a return of amount of loans outstanding at close of account.] 
 
 Revising Assessors.* Revising 
 
 Assessors. 
 
 29. — (1.) In every borough whereof no p(7rt of the arm is co- Revising 
 extensive icith or included in the area of a parliamentary borough* non^iiariia- 
 there shall be tivo revising assessors elected by the burgesses. boroughs. 
 
 (2.) Every p)<^^'son shall be eligible who is qualified to be a 
 councillor and is not a member of the council or the town clerk or 
 treasurer. 
 
 (3.) The term of offive of each revising assessor shall be one year. 
 
 * The abolition of the office of assessor in municipal boroughs inchided in the area of 
 a rarliartientary forough was ett'ected by section 20 of 41 & 4"2 Vict. c. 26 (1S78) as 
 follows : — " After the commencemeut of this Act assessors shall not be elected in any 
 municipal borough which as regards the whole or part of its area is co-extensive with 
 or included iu the area of a parliamentary borough, and any assessors elected in any 
 such municiiial borough before the commencement of this Act shall cease to bold ollice 
 upon the commencement of this Act." The County Electors Act, 1888 (section 4, sub- 
 section l,paragiaph o), directed the foregoing Act and the Registration Act, 1885 
 (section 6, subsection 2i, to apply as far as circumstances would admit to all boroughs 
 excluded therefrom, and revising Assessors are not to be elected sncli borouglis. The 
 office is therefore impliedly abohshcd for all practical purposes. Sec also Appendix.
 
 46 THE ENGLISH MUXICIPAL CODE. 
 
 (4.) Every revising assessor shall, as soon as conveniently 
 may he after his election, and from time to time as occasion 
 requires, appoint, by writiny signed by him, a person eligible to 
 the office of revising assessor, to be his deputy, to act for him in 
 case of his illness or incapacity to act. 
 
 [Section 15 of 7 Will. 4 and 1 Vict. c. 78 (by which no burgess was eligible 
 to be elected a member of the council of a borough while holding the oflice of 
 assessor), applied only to assessors elected under 5 & 6 Will. 4, c. 76, s. 37, and 
 did not apply to an assessor for revising the burgess list appointed under 7 
 Will. 4 and 1 Vict. c. 78, s. 4j. 
 
 (5.) The appointment shall be signified to the council, in 
 periling signed by the assessor, and be recorded in their 
 minutes. 
 
 [The effect of section 37 of the Act of 1835, sections 4 and 17 of 7 Will. 4 
 and 1 Vict. c. 78 (1837), and section 20 of 41 & 42 Vict, c. 26 (1878), was pre- 
 served in this clause]. 
 
 Division of Divisioti of Boroxigh into Ward», or alteration of Wards. 
 
 Borough into 
 
 Wards, or 30. — (1.) If two thirds of the council of a borough agree to 
 
 alteration of -, ... • • l^ r^ pi 
 
 Hoards. petition, and the councu thereupon petition, the (4ueen lor the 
 
 I'roceedings for division of the borough into wards, or for the alteration of the 
 b .rough "into number and boundaries of its wards, it shall be lawful for Her 
 tiou o^f wards!**' Majesty from time to time, by Order in Council, to fix the num- 
 ber of wards into which the borough shall be divided ; and the 
 borough shall be divided into that number of wards. 
 
 (2.) Notice of the petition, and of the time when it pleases 
 Her Majesty to order that the same be taken into consideration 
 by Her Privy Council, shall be published in ih.e London Gazette 
 one month at least before the petition is so considered. 
 
 (3.) "Where an Order in Council has been so made, the Secre- 
 tary of State phall appoint a commissioner to prepare a scheme 
 for determining the boundaries of the wards and apportioning 
 the councillors among them. 
 
 (4.) In case of division into wards, the commissioner shall 
 apportion all the councillors among the wards. 
 
 (5.) In case of alteration of wards, he shall so apportion 
 among the altered wards the councillors for those wards as to 
 provide for their continuing to represent as large a number as 
 possible of their former constituents. 
 
 (6.) In either case, each councillor shall hold his office in the 
 ward to which he is assigned for the same time that he would 
 have held it had the borough remained undivided or the wards 
 unaltered.
 
 TEE MUXICirJL COliPORATIOXS ACT, 1882. 47 
 
 (7.) In case of division into wards the returning officer at the Division of 
 first election for each ward held after the division shall, notwith- j^'Jl"l!,\^" " 
 standing anything in this Act, be the mayor or a person alteration oj 
 appointed by the mayor. 
 
 (8.) If by reason of any division or alteration under this 
 section any doubt arises as to wliich councillor should go out of 
 office, the doubt may be determined by the council. 
 
 (9.) The division of a borough into a greater number of 
 wards shall not affect the qualification of aldermen or coun- 
 cillors. 
 
 (10.) The number of councillors assigned to each ward shall 
 be a number divisible by three ; and in fixing their number the 
 commissioner shall, as far as he deems it practicable, have 
 regard as well to the number of persons rated in the ward as 
 to the aggregate rating of the ward. 
 
 (11.) The commissioner shall make the scheme in duplicate, 
 and shall deliver one of the duplicates to the town clerk, and 
 shall send the other to the Secretary of State, to be submitted 
 by him to Her ^lajesty in Council for approval. 
 
 (12.) The scheme shall be published in the London Gazette, 
 and shall come into operation at the date of that publication, 
 and thenceforth the boundaries of wards and apportionment of 
 councillors determined and made by the scheme shall be 
 observed and be in force. 
 
 (13.) If Her ^Majesty in Council does not approve the scheme, 
 as originally prepared by the commissioner, it shall neverthe- 
 less be published in the London Gazette, and shall be in force 
 for the purposes of any municipal election until Her Majesty 
 in Council, on further information and report from the commis- 
 sioner, definitively approves a scheme in that behalf. 
 
 (14.) The commissioner may administer oaths, and may - ' 
 require any person having the custody of any book containing 
 a poor rate made for a parish to produce the book for his 
 inspection ; and every person required by the commissioner to 
 answer any question put to him for the purposes of this section 
 shall answer it. 
 
 (15.) The commissioner shall have remuneration as appearing 
 by the Fourth and Fifth Schedules.* 
 
 • The remuneration is five guineas for every day he is employed over and above hia 
 travelling and other expenses (The Fourth Schedule, paragraph 1), and the same may 
 not be paid without an order (The Fifth Schedule, Part II., paragraph 8 .)
 
 48 
 
 THE EXGLISH MUNICIPAL CODE. 
 
 [The eflFect of sections 39, 40, 42, and 43 of the Act of 1835, eection 10 of 7 
 Will. 4 and 1 Vict. c. 78 (1837), sections 1, 2, and 3 of 22 Vict. c. 35 (1859), 
 eection 4 of 32 & 33 Vict. c. 23 (18G9), and 34 & 35 Vict. c. 67 (1871) is 
 preserved in this clause]. 
 
 StippIeincHlal 
 uhU Excep- 
 tional I'rovi- 
 
 sioHS. 
 
 Occupation of 
 jiart or house. 
 
 tV.aim by occu- 
 pier to be rated. 
 
 Supplemental and Exceptional Provisions. 
 
 31. — In and for the purposes of this Act — 
 
 («.) The terms house, warehouse, counting house, shop, or 
 other building include any part of a house, where that 
 part is separately occupied for the purposes of any trade, 
 business, or profession ; and any such part may, for the 
 purpose of describing the qualification, be described as 
 office, chambers, studio, or by any like term applicable 
 to tlie case. 
 
 [There may, by this subsection, be several persons deri-snng their qualification 
 to be on the burgess roll by separate occupancy of part of the same building. 
 The occupancy must be for trade, business or professional — not merely residen- 
 tial — purposes. "Separately " applies to the trade, as in Eeff. v. Maijor of Exeter 
 (L.R., 4 Q.B., 114): — Held, that a joint occupation is sufficient to confer the 
 municipal franchise]. 
 
 (b.) Where an occupier is entitled to the sole and exclusive use 
 
 of any part of a house, that part shall not be deemed to be 
 
 occupied otherwise than separately , by reason only that the 
 
 occupier is entitled to the joint use of some other part. 
 [Although by the Parliamentary and Municipal Eegistration Act, 1878 
 (41 & 42 Vict. c. 26, s. 5), the term "dwelling-house" in the Representation of 
 the People Act, 1867 (30 & 31 Vict. c. 102) is to mean part of a house separately 
 occupied, yet, in order to be entitled to the borough franchise as the occupier of 
 a dwelhng-house, the person must have an occupation in respect of which he can 
 be rated to the relief of the poor, and therefore ho is not entitled to such dwelling- 
 house franchise by reason of the occupation of part of a house if he occupies 
 6uch part as a lodger. — " The tenant of two rooms, which he took unfurnished 
 at a weekly rent, had the exclusive use of such rooms, and a key of the outer 
 door of the house. His landlord also had a key of the outer door, and resided 
 in all the rest of the house, but supplied no attendance or service to such 
 tenant : — Held, that such tenant occupied the rooms as a lodger, and consequently 
 that in respect of such occupation he could not acquire the dwelling-house 
 franchise under the Rei^resentation of the People Act, 1867." — "The tenant of 
 two rooms, which he took unfurnished at a weekly rent, had in common with 
 the other tenants of the house, which was wholly let out on similar tenancies, the 
 user of the passages, staircase, street door, and usual conveniences of the house. 
 The landl rd and not the tenant was rated, and the Lmdlord did all repairs 
 inside and out, but he did not reside in the house, nor did he, save as aforesaid, 
 retain the control and dominion over the house or render any services to any of 
 the tenants : — Held, that such tenant did not occu]>y the rooms as a lodger but 
 as an occupj-ing tenant under the Representation of the People Act, 1867, and 
 that he could therefore acquire the dwelling-house franchise in respect of such 
 occupation." Bradlei/, appellant, Batjlcss, respondent; Morfee, appellant, 
 Xorris, respondent; Kirhy, appellant, liiff'en, respondent. (L. R., Q. B. D., 
 vol. 8, p. 195.) In Vrecnuay v. liatchelor (Aldridge's case) 12 Q. B. D., 381, 
 on a statement of case by a revising barrister (Nov. 26, 1883), it was held by 
 the court that the payment of all lates by the landlord is sufficient to confer 
 the municipal Iranchise on a tenant occupying only a portion of a house as a 
 private dwelling.] 
 
 32. — (1.) If an occupier of any qualifying property, whether
 
 THE MUNICIPAL CORTORATIONS ACT, 1SS3. 49 
 
 the landlord is or is not liable to be rated to the poor rate in ^^^^^^'/^["■^ 
 respect thereof, claims to be rated to the poor rate in respect tionai Provi- 
 
 8 10 US 
 
 thereof, and pays or tenders to the overseers of the parish 
 where the property is situate the full amount of the poor rate 
 last made in respect of the property, the overseers shall put the 
 occupier's name on the rate book in respect of that rate. 
 
 [The landlord is not relieved from liability to the poor rate by the operation 
 of this subsection should the tenant fail to act as here permitted or make default : 
 and by the following subsection, any laches on the part of the overseers will 
 not deprive the tenant of his right to qualify in respect of assessment to the 
 poor rate. Generally, the clause may be regarded as the tenant's means of 
 securing his franchise privileges notwithstanding omission or default, or the 
 possibility of such, on the part of the landlord], 
 
 (2.) If they fail to do so, he shall nevertheless for the purposes 
 of this Act be deemed rated to that rate. 
 
 [The effect of section 11 of the Act of 1835 is preserved in this clause. By 
 69 Geo. 3 c. 12, s. 19, the vestry of any parish may resolve that the owners of all 
 houses in the parish, being the immediate lessors of the actual occupier, which 
 shall be let "at any rent not exceeding twenty pounds by the year for any less 
 term than one year, or any agreement by which the rent shall be reserved or made 
 payable at any shorter period than three months," shall be assessed to the rates in 
 respect of such houses, instead of the actual occupiers: — Held (by Lord Coleridge 
 CJ. and Brett LJ., Baggallaj'- LJ, dissenting) that this section has no applica- 
 tion to houses let at a weekly rent amounting to more than twenty pounds by 
 the year. — lies, appellant ; The Assessment Committecof West Ham Union and others, 
 respondents. (L.E., Q,. B. D., vol. 8, p. 69)]. 
 
 33. — (1.) Where a person succeeds to qualifying property by ^^^if^clton of 
 descent, marriage, marriage settlement, devise, or promotion to e^^feg^g^oQ &(. 
 a benefice or office, then, for the piirpose of qualification the 
 occupancy of the property by a predecessor in title, and the 
 rating of the predecessor in respect thereof, shall be equivalent 
 to the occupancy and rating of the successor ; and rating in the 
 name of the predecessor shall, until a new rate is made after 
 the date of succession, be equivalent to rating in the name of 
 the successor ; and the successor shall not be required to prove 
 his own residence, occupancy, or rating before the succession, 
 
 (2.) The qualifying property need not be throughout the 
 twelve months constituting the period of qualification the same 
 property or in the same parish. 
 
 (3.) Where by law a borough rate is payable by instalments, 
 payment by any person of any such instalment shall, as regards 
 his qualification to be enrolled as a burgess, be deemed a pay- 
 ment of the borough rate in respect of the period to which the 
 instalment applies. 
 
 (4.*) A person shall not be disentitled to be enrolled as a 
 burge s by reason only — 
 
 * See page 28 (Section 9, subsection 3, paragr.^ph h). 
 
 4
 
 50 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 and Kxrep- 
 tioiitil I'lV- 
 
 viniuua. 
 
 OHliijatinn to 
 
 Hccept ottice 
 or pay lino. 
 
 (b.) 
 
 (a.) That he has received medical or surgical assistance* from 
 the trustees of the municipal charities, or has been 
 removed, by order of a justice, to a hospital or place for re- 
 ception of the sick, at the cost of any local authority ; or 
 That his child has been admitted to and taught in any 
 public or endowed school. 
 [The effect of sections 9, 10, and 12 of the Act of lS3o, sections 8 & 9 of 7 
 Will. 4 and 1 Vict. c. 78 (18:57), and section 1 of 32 & .33 Vict. c. 65 (1869), is pre- 
 served in this clause]. 
 
 34. — [1.) Every qualified person elected to a corporate office, 
 unless exempt under this section or otherwise by law, either shall 
 accept the office by making and subscribing the declaration f 
 required by this Act within fivet days after notice of election, or 
 shall, in lieu thereof, be liable to pay to the CDuncil a fine of 
 such amount not exceeding, in case of an alderman, councillor, 
 elective auditor, or revising assessor, fifty pounds, and in case of 
 a mayor one hundred pounds, as the council by bye-law determine . 
 
 [Tiie town clerk should notify the election. liri/. v. Freece, 5 Q. B. 94. Ey 
 tho Local Government A.ct, 1888, section 75, subsection 16, para, c, it is directed 
 that nothing in this Act "shall render any person elected to a corporate office 
 without his consent to his nomination being previously obtained liable to pay 
 a fine on non-acceptance of ofiBce."] 
 
 (2.) If there is no bye-law determining fines, the fine, in case 
 of an alderman, councillor, elective auditor, or ren'shig asscssoi^^ 
 
 shall be twenty-five pounds, and in case of a mayor fifty pounds. 
 
 [There is no authority given by this Act to remit this penalty, which is fixed 
 in amount in case a bye-law has not otherwise determined.] 
 
 (3.) The persons exempt under this section are — 
 
 {a ) Any person disabledby lunacy orirabecilityof mind, or by 
 deafness,blindness,or other permanent infirmityof body; and 
 
 (b.) Any person who, being above the age of sixty-five years 
 or having within five years before the day of his election 
 either served the office or paid tlia fine for non-accept- 
 ance thereof, claims exemption within five days after 
 notice of his election. 
 
 (4 ) A fine payable under this section shall be recoverable 
 
 summarily. 
 
 [The effect of section 51 of the Act of IS 35 is preserved in this clause]. 
 
 * Disqualification on account of receipt of medical or surgical relief is now altogethtr 
 removed by 48 & 49 Vict., c. 4G., a. 2 (18«.5). See Appendix. 
 
 I The declaration is as follows : — " 1, A.B., having be(?n elected mayor [or alderman, 
 councillor, elective auditor, o/- revising assessor] for the borough of , hereby 
 
 d(tclnre that I take the said otiice upon myself, and will duly and faithfully fulfil the 
 duties thereof accordiug to the best of my judgment and ability [and in the case of the 
 jt.uson beiiif/ (/ualified hij estate, say, And I hereby declare that I am seised or possessed 
 of real or personal estate, or both ' as the case mat/ be], to the value or amount of one 
 tliousand poun Is or five hundred pounds [as the case ma// require], over a.nd above 
 what will satisfy my just debtsj." — Schedule VIII., Form A. 
 
 I Extended to ten days for any coii^orate office under the Local Government Act, 
 1888 (sec. 75, subsec. 11). See Appendix. 
 
 § Practically abolished by County Electors Act, 1888. See Appendix.
 
 THE MUXICIPAL CORPORATIONS ACT, 1SS2. 51 
 
 35. — A person elected to a corporate office shall not, until he -'Supplemental 
 
 * _ '■ _ ana Jixcejt- 
 
 has made and subscribed before two members of the council, or tw7iai Pro- 
 
 the town clerk, a declaration as in the Eighth Schedule, act in Declaration on 
 
 the office except in administering that declaration. office. 
 
 [The effect of section 50 of the Act of 1835 is preserved in this clause. — At 
 an election [loider (his Act^ for the oflSce of councillor of one of the wards of a 
 borough, R. and P. were the only candidates. At the close of the poll P. objected 
 that 11. was disqualified for election by reason of his being an alderman of the 
 borough, whose term of office had not expired, and P . claimed himself to be elected 
 whatever might be the result of the poll. The returning officer counted the 
 votes, and then stated to those present the number given to each candidate, the 
 result of the poll being that R. had a majority. Having taken time to consider 
 the objection, the returning officer on the following day issued a public notice, 
 stating the number of votes given to each candidate, and the objection, and declar- 
 ing that P. was duly elected. P. thereupon made and subscribed the declaration 
 of acceptance ot the office required by this section and attended meetings of the 
 council. R. subsequently made and subscribed a similar declaration, and attended 
 meetings of the council : Held, reversing the decision of the Queen's Bench Divi- 
 sion (56 L.T. 434), making absolute a rule for a mandiimus to compel the mayor 
 and corporation of the borough to receive P.'s votes at their corporate meetings ; 
 (1.) that R.was not, by reason of his being an alderman, disqualified for election to 
 the office of councillor, and that by accepting the latter office he vacated the former; 
 (2.) that the returning officer had no power to decide whether R. was disqualified 
 or not; (3.) that by stating at the close of the poll the number of votes given to 
 each candidate, the returning officer had made a sufficient declaration, under 
 sect. 2 of the Ballot Act, 1872, that R. was elected, and that the eifect of that 
 declaration was not altered by reason of the public notice issued on the follow- 
 ing day under rules 45 & 46 of the rules in the first schedule to that Act ; and 
 (4.) that the office of councillor was not de facto filled by P., so as to entitle 
 him to hold it until dispossessed by an election petition or by quo warranto. 
 Reg. V. Mayor, ^c, of Bangor, 18 Q.B.D. 349. This decision of the Court of 
 Appeal was subsequently affirmed by the House of Lords, 57 L.J. 313.] 
 
 36. -(1.) A person elected to a corporate office may at any time, ^^jf^""*?*'^' 
 
 by writing signed by him and delivered to the town clerk, resign 
 
 the office, on payment of the fine provided for non-acceptance 
 
 thereof. 
 
 [See also comment upon subsections 1 and 2 of section 34, on preceding page. 
 The resignation is completed by the delivery of the writing to the town clerk and 
 the payment of the fine, and cannot afterwards, even with the assent of the 
 corporation, be withdrawn. — Reg v. Co^-poration of Wigan, 14 Q.B.D. 908]. 
 
 (2.) In any such case the council shall forth^vith declare the 
 office to be vacant, and signify the same by notice in writing, 
 signed by three members of the council and countersigned by 
 the town clerk, and fixed on the town hall, and the office shall 
 thereupon become vacant. 
 
 (3.) 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 by reason of his refusal on conscientious grounds to 
 take any oath or make any declaration required by this Act or 
 
 to take on himself the duties of the office. 
 
 [The effect of section 8 of 6 & 7 Will. 4, c. 104 (1836) is preserved in this 
 clause. See The Common Law Procedure Act, 1854 (17 «fc 18 Vict. c. 12.5, 
 sec. 20) ; and The Supreme Court of Judicafire Act, 1878 (36 & 37 Vict. c. 66)].
 
 absence. 
 
 62 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 
 and Excep. 27. — A porson ceasino' to hold a corporate office shall, udIcss 
 
 tional Pro- ... 
 
 visions. disqualiticd to hold the office, be re-eligiLle. 
 
 Re-eligibility of «• r • 
 
 office holders. [The effect of suctions 25 and 31 of the Act of 1835 is preserved in this clause]. 
 
 Mayor and 38. — The mayor and aldermen shall, during their respective 
 
 nldermen to _, . . ^ it 
 
 continue mem- ottices, continuc to DO members 01 the council, notwithstaudiuff 
 
 bers of council. ii • • n • » j ; •n • 
 
 anything m this Act as to councillors going out of office at 
 the end of tliree years. 
 
 [The effect of section 26 of the Act of 1835 is preserved in this clause]. 
 Avoidance of 39. — (1.) If the mavor, or an alderman or councillor — 
 
 office bj- bank- ttiti'i 
 
 ru,)tcyor {((.) Is declared bankrupt, or compounds by deed with his 
 
 creditors, or makes an arrangement or composition with 
 his creditors, under the Bankruptcy Act, 1869, by deed 
 or otherwise ; or 
 
 [The case of Aslatt v. 3Iai/or and Corporation of Southampton, in the Chancery 
 Division of the High Court of Justice (L.K., CD. vol. 16, p. 143), was a motion 
 made to restrain the defendants, the Lorongh town council, from avoiding or declar- 
 ing void the office ot aldonnan of the boi-ough held by the plaintiif, and from 
 appointing or electing any successor to him and interfering with his riglits and 
 privileges as an alderman. The plaintifiFin January submitted a proposition to his 
 creditors lor a composition on their debts, and this composition was accepted by a 
 certain number of the creditors by a resolution and by a circular letter. The plaintiff 
 did not execute any composition deed, and had not taken any proceedings imder 
 the Bankruptcy Act, 1869, for an arrangement or C( mposition with his creditors. 
 He had, however, executed a bill of sale in which he admitted, in cross-examina- 
 tion, that the consideration was stated to be the finding of money for the pui-poses 
 of his composition. The defendants had not taken any step to avoid the otKce 
 until the 4th inst., when, in consequence of the death of another alderman, the 
 mayor called a meeting of the corporation to be held on the 8tb inst., at half- 
 past two, to declare the oQice of alderman bidd by the plaintiff void, and to elect 
 another alderman in the place of the gentleman who was dead, and for other 
 business. The grounds upon which the defendants contended that tlie otKce was 
 vacant were by virtue of the Municipal Corporations Act, 1835, s. 52, by which 
 any alderman who shall "compound by deed with, his creditors shall 
 immediately become disqualified, and shall cease to hold the office of 
 alderman, and the council shall forthwith declare the oflice to be void 
 and signify the same," as therein provided. By the Debtors Act, 1869, 
 the disqualification is extmded to any person who has been declared bank- 
 rupt, or arranged or compounded with liis creditors under the Cankruptcy Act, 
 1869, whether by deed or otlierwise. For the defendants on the motion it was 
 argued that the plaintiff had in effect " compounded by deed " with his ci'editors, 
 and that his ease was, at all events, within the mischief intended to bo pre- 
 vented by the above disqualification. It was further argued Ihat the Master of 
 the Ivolls had no jurisdiction to entertain the case, which should have been 
 brought by some proceeding in the (Queen's Bench Divihion. Jessel, M.R. 
 f aid that the case was one of great importance, and he should have been glad 
 if it had been possible to have liad f urtlier time to consider the point. As the 
 meeting had, however, been called for that day, he was compelled to decide it at 
 once, and his decision must, to a gi-cat extent, be a final one under the circum- 
 stances. If any miscarriiige did occur, the defendants were only to blame for 
 not having brought the matter to an issue previously. Tii liis opinion, what the 
 plaintiO had done was not a '' composition by deed " witliiu the meaning of tho 
 Municipal Corporations Act, 1835, b. 52, and it could also not be said to be an 
 arrangement or composition under the Bankruptcy Act, 1869. He was bound, 
 as the secticms were penal, to construe them strictly, and whatever he might 
 think was the spirit of the Acts in question, technically the plaintiff was not 
 liable to the pen ilties imposed thereby, and he had not therefore ceased to hold 
 office, and the defendants were not justified in impeding him in the exercise of 
 his duties. He was fuither of opinion that whatever power the old Court of 
 Chancery might have had in a case like the present, he now had ample jurisdic-
 
 THE MUNICIPAL CORrORATIOXS ACT, 18S2. 53 
 
 tion, under section 25 of the Jiulic.iturc Act, 1-73, to prant an injunction in all Supplemental 
 cases for the protection of a legal right or the prevention of a threateneil wrong, and Excep- 
 ■where it was "just and convenient " so to do. He also thought that this action timial Frovi- 
 was not one of those assigned to the Queen's Bench Division, and, even if it liad sions. 
 been, he still considered that he had jurisdiction to interfere where, as here, his 
 interference was imperatively dfinanded, and where, if ho refused to hear the 
 application, it would, in effect, be a denial of justice. He therefore granted an 
 injunction restraining tlie defendants from avoiding the ollicc of alderman, and 
 from interfering Avith the plaintiff in liis duties and privileges thereof. By 
 consent this injunction was made perpetual, with costs]. 
 
 {b.) Is (except in case of illness) continuously absent from 
 the borough, being mayor, for more than two months, 
 or, being alderman or councillor, for more than six* 
 months : 
 
 he shall thereupon immediately become disqualified and shall 
 
 cease to hold the office. 
 
 (2.) In any such event the council shall forthwith! declure 
 
 the office to be vacant, and signify the same by notice signed by 
 
 three members of the council, and countersigned by the town 
 
 clerk, and fixed on the town hall, and the office shall thereupon 
 
 become vacant. 
 
 [These directions must be strictly followed. Office not vacant until the 
 formalities be complied with : Jlcq. v. Mayor of Leeds (7 A. & E., 963) ; Reg. v. 
 Mayor of Oxford (C A. & E., 349)]. 
 
 (3.) Where a person becomes so disqualified by being declared 
 banl^rupt, or compounding, or making an arrangement or com-, 
 position, as aforesaid, the disquulification, as regards subsequent 
 elections, shall, in case of bankruptcy, cease on his obtaining 
 his order of discharge, and shall, in case of a compounding or 
 composition as aforesaid, cease on payment of his debts in full, 
 and shall, in case of an arrangement as aforesaid, cease on his 
 obtaining his certificate of discharge. 
 
 [The foregoing subsections have been framed with reference to the case of 
 Hardtvick v. Broicn (L. R., 8 C. P., 406) as follows :—B, a town councillor of 
 Newcastle, made a composition with his creditors under s. 126 of the Bankruptcy 
 Act, 1869 (32 & 33 Vict. c. 71), under which a resolution was come to for a 
 composition of 3s. 6d. in the pound (secured) in satisfaction of B's debts, the 
 first instalment of wliich was payable six months after registration of the 
 confirming resolution. The registration took plac^ on the 23rd of September. 
 On the 'Ith of November, B placed his resignation of his office of councillor in 
 the hands of the town clerk, and announced his resignation by advertisement on 
 the 6 th of November, and by the same advertisement ofifeied himself for ro- 
 
 * Extended to twelve months for county aldermen and councillors under the Local 
 Government Act, 1888 (sec. 75, sub-sec. 14). See Appendix. 
 
 t "Forthwith " per Lord Campbell, C.J., "may have a different meaning, according 
 as the act to be done is ministerial or jmliciiil." Castor y. //< thennfiton (28 L. J., 
 N. S., M. C, 199). Ministerial, it is " uilliiu a reasonable time "— jii'^i'^''^— " "PO" 
 appl cution being male.'
 
 54 
 
 THE ENGLISH MUXICIPAL CODE. 
 
 Supplemental 
 and Excip- 
 tional Frovi- 
 fiuns. 
 
 election. At the annual meetinsr of the town council on the 9th of November, 
 the above letter was read, and B's resignation was accepted by the council ; and 
 on the 1 8th (there having been no declaration by the council that the office was 
 void) he was re-elected a town councillor. Upon a case stated for the opinion 
 of the Court, pursuant to s. 15 of the Corrupt Practices (I\Iunicipal Elections) 
 Act, 1872 (35 & 36 Vict. c. 40) -.—Held (by Bovill, C.J. and Keating and 
 Honvman, J.J.), that B. having by reason of his having compounded with his 
 creditors ceancd to hold the office of councillor, was incajiable of resigning it, 
 and the council not ha\'ing pursued the course pointed out by s. 52 of the Muni- 
 cipal Corporations Act, that the election was therefore void. Held, also, that B 
 notha\'ing " paid his debts in full," he was not qualified for re-election under 
 that section. A burgess, from the mere fact of being an uncertificated bankrupt, 
 is not disqualified from being elected a councillor or alderman ; aithougli 
 Lankiuptcy during the term of office, would act as an immediate cause of in- 
 capacity.— ito v. Chitii/ ,5 A. & E., 009.)]. 
 
 (4.) Where a person becomes so disqualified by absence, he 
 shall be liable to the same fine as for non-acceptance of office, 
 recoverable summarily, but the disqualification shall, as regards 
 subsequent elections, cease on his return, 
 
 [The effect of section 52 of the Act of 1835, section 21 of 32 & 33 Vict. c. 62, 
 (1869) and general!}/ 32 & 33 Vict. c. 71 (The Bankruptcy Act, 1869) is preserved 
 by this clause. Subsection 4 is a necessary proviso in conjunction with the obliga- 
 tory character of section 34 ; otherwise the acceptance of office or pajTnent of the 
 monetary penalty in default would be easily avoided by non-residence.] 
 
 Filling of 
 
 casu:il 
 
 Tacancies. 
 
 40. — (1.) On a casual vacancy in a corporate office, an elec- 
 tion shall be held by the same persons and in the same manner 
 as an election to fill an ordinary vacancy ; and the person 
 elected shall hold the office until the time when the person in 
 whose place he is elected would regularly have gone out of 
 office, and he shall then go out of office. 
 
 [The case of Conncll v. Mayor and Corporation of Newcastle, in the Queen's 
 Bench Division of the High Court of Justice, is interesting as defining the duty 
 of a corporation in the event of a vacancy in the office of alderman through a 
 previous invalid election. The petitioner moved for a rule for a mandamus calling 
 npon the defendants to proceed to the election of an alderman to fill up the 
 vacancy in the number of aldermen in the corporation. It appeared that on the 
 9th of November the corporation elected Mr. (now Sir) Lowthiin Bell to fill the 
 vacancy; but it was subsequently found that Mr. Bell, although living close to 
 Newcastle, did not possess the necessary qualification. The election was conse- 
 quently invaliil. The corporation did not oppose the application for a rule, or 
 that it should be made absolute. The petitioner therein apjjlied that the rule 
 should be made absolute with costs, seeing that the matter had arisen out of the 
 mistakeof the corporation. The corporation resisted the api^lication to saddle 
 them with the costs, as, in point of fact, nobody was to blame ; but, acting on a 
 suggestion from the Bench (Field and IManisty, JJ.) that the prosecutor being a 
 private person the costs ought to be paid by the public body, they consented to 
 the rule being made absolute with costs. Rule made absolute accordinglj']. 
 
 (2.) In case of more than one casual vacancy in the office of 
 councillor being filled at the same election, the councillor elected 
 by the smallest number cf votes shall be deemed to be
 
 THE ifVmCIPAL CORronATIONS ACT, 188g. bb 
 
 elected in the place of him who would regularly have first gone SitppUmentul 
 out of office, and the councillor elected by the nest smallest uonauZHvi- 
 number of votes shall be deemed to be elected in the place of **<"'*• 
 him who would regularly have next gone out of office, and so 
 with respect to the others ; and if there has not been a contested 
 election, or if any doubt arises, the order of rotation shall be 
 determined by the council, 
 
 (3.) Non-acceptance of office by a person elected creates a 
 casual vacancy. 
 
 [The effect of sections 27, 47, 49, and 51 of the Act of 1835, and section 11 
 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this clause]. 
 
 41. — (1.) If any person acts in a corporate office without Penalty on 
 
 1- Till •! !•* • 1 •! unqualified 
 
 having made the declaration by this Act required, or without person nctinj? 
 
 ■..,.-, n • '^ office. 
 
 being qualified at the time of making the declaration, or after 
 ceasing to be qualified, or after becoming disqualified, he shall 
 for each oCence be liable to a fine not exceeding fifty pounds, 
 recoverable by action.* 
 
 (2.) A person being in fact enrolled in the burgess roll 
 shall not be liable to a fine for acting in a corporate office 
 on the ground only that he was not entitled to be enrolled 
 therein. 
 
 [The effect of section 53 of the Act of 1835 and section 7 of 6 & 7 Will. 4, c. 
 105 (1836), is preserved in this clause. Subsection 2 provides for a double dis- 
 qualification that therein defined not being sufficient of itself for liability to the 
 fine to attach]. 
 
 42. — (1.) The acts and proceedings of a person in possession validity of acts 
 of a corporate office, and acting: therein, shall, notwithstanding standing dis- 
 
 i ' o 5 ' o qualification, 
 
 his disqualification or want of qualification, be as valid and ^<^- 
 effectual as if he had been qualified. 
 
 [The Corrupt Practices Act, 35 & 36 Vict. c. 60, s. 23 (1872), provides that 
 acts of all persons declared not elected under the provisions of that statute shall 
 be valid, till the decision that they are not elected has been duly certified to 
 the town clerk]. 
 
 (2.) An election of a person to a corporate office shall not be 
 liable to be questioned by reason of a defect in the title, or want 
 of title, of the person before whom the election was had, if that 
 person was then in actual possession of, or acting in, the office 
 giving the right to preside at the election. 
 
 * See Part XII. as to Legal Piocecdings.
 
 56 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 and Excep- 
 tional Frovi- 
 siont. 
 
 Dnties of town 
 clerk, deputy, 
 aud treaburer 
 durini; vacancy 
 or iiiuapacity. 
 
 (3.) A burgess roll shall not be liable to be questioned by 
 reason of a defect in the title, or want of title, of the mayor or 
 any revising authority by whom it is revised, if he was then in 
 actual possession and exercise of the office of mayor or revising 
 authority. 
 
 [The effect of section 53 of the Act o^ 1835, and sections 1 & 5 of 7 Will. 4 
 and 1 Vict. c. 78 (1837), is preserved in this clause.] 
 
 43. — If there is no town clerk, and no deputy town clerk, or 
 there is no tren surer, or the town clerk, deputy town clerk, or 
 treasurer (as the case may be) is incapable of acting, all acts by 
 law authorized or required to be done by or with respect to the 
 town clerk or the treasurer (as the case may be) may, subject to 
 the provisions of any other Act, be done by or with respect to a 
 person appointed in that behalf by the mayor. 
 
 [The effect of section 16 of the Act of 1835 is pieserved in this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 67 
 
 PART III. 
 Preparations for and Procedure at Elections. 
 Parish Burgees Lists ; Burgess Rolls; Ward Rolls. p^^ig^ 
 
 Burgess Lists; 
 
 44. — (1.) "Where the whole or part of the area of a borouo:h Burgess Rni's; 
 
 ... . „ . ° Ward Rolls. 
 
 is co-extensive with or iucluded in the area of a parliamentary 
 
 borough, the lists of burgesses are to be made out and revised, and revision of 
 
 T,. ,,.. t • 1 1 -I parish burgesa 
 
 and claims and objections relatmg thereto are to be made, usts. 
 in accordance with the provisions of the Parliamentary and 
 Municipal Registration Act, 1878*. 
 
 [Sections 15 to 23 of the Act here referred to (40 & 41 Vict. c. 26), being 
 that portion which enacts the method of revision, may be here usefully cited as 
 follows : — S. 15. Where the whole or part of the area of a municipal borough ia 
 co-extensive with or included in the area of a parliamentary borough, the lists 
 of parliamentary voters and the burgess lists shall, so far as practicable, be made 
 out and revised together. In every such case the overseers of every parish 
 situate wholly or partly either in the parliamentary borough or in the municipal 
 borough shall, on or before the last day of July in every year, make out a list of 
 all persons entitled under any right conferred by the Reform Act, 1832, or by 
 8. 3 of the Representation of the People Act, 1867, to be registered as voters 
 for the parliamentary borough in respect of the occupation of property situate 
 wholly or partly within that parish, or entitled to be enrolled as burgesses of 
 the municipal borough in respect of the occupation of any property so situate. 
 With respect to every hst so made out the following provisions shall have 
 effect : — (1) The lists shall be in substitution for the lists of persons so entitled, 
 which are required to be made out under the Parliamentary Registration Acts 
 and the Municipal Corporation Acts: (2.) WTiere the parish is situate, wholly 
 or partly, both in the parliamentary borough and in the municipal borough, the 
 list for the parish sliaJl be made out in three divisions : Division One shall 
 comprise the names of the persons entitled both to be registered as parliamentary 
 voters under a right conferred as aforesaid, and to be enrolled as burgesses ; 
 Division Two shall comprise the names of the persons entitled to be registered 
 as parliamentary voters under a right conferred as aforesaid, but not to be 
 enrolled as burgesses ; Division Three shall comprise the names of the persons 
 entitled to be enrolled as burgesses, but not to be registered as parliamentary 
 voters under a right conferred as aforesaid : (3.) Each list shall state the 
 surname and other name or names of every person whose name is inserted 
 therein, his place of abode, the nature of his qualification, and the situation and 
 description of the property in respect of which he is entitled : (4.) Each list 
 shall be signed and otherwise dealt with in manner directed by the Parlia- 
 mentary Registration Acts with respect to the alphabetical lists mentioned in 
 s. 13 of the Parliamentary Registration Act, 1843 : (5.) Where no part of the 
 parish is situate within the municipal borough, the list for the parish shall be 
 deemed to be a list of voters for the parliamentary borough : (6.) Where no 
 part of the parish is situate within the pai-liamentary borough, the list for the 
 parish shall be deemed to be a burgess list for the municipal boi'ough : (7.) 
 Where the list is made out in divisions, Divisions One and Two shall be deemed 
 to be lists of voters for the parliamentary borough, and Divisions One and 
 Three shall be deemed to be burgess lists for the municipal borough : (8.) The 
 lists, and, if the lists are made out in divisions, each division thereof shall, if 
 and so far as the local authority from time to time direct, according to conve- 
 nience for use, be framed in parts for polling districts or wards ; and where the 
 polling districts and wards are not conterminous, in such manner that the 
 parts may be conveniently compiled or put together to serve either as lists for 
 polling districts or as ward lists. S. 16. In the case of any parliamentary 
 
 * By the County Electors Act, 1S88 (section 4, subsection 7), this Act was directed 
 to apply so far as circumstances would admit to nil municipal boroughs excluded 
 therefrom. See sections 19 and "20 on next page. Further, by section 6, the eighth 
 of September is to be substituted for the fifteenth, and declarations sent to the clerk 
 of the peace or town clerk on or before the fifth of September.
 
 68 THE EXGLISS MtTKlCirAL COLE. 
 
 Parish boroupfh in which any persons are entitled to be rop^stored as freemen, or under 
 
 Hurt/ess Lint-i ; any ri_<,^lit other tluin ;i right conferred by tlie Kei'orm Act, 1832, or s. 3 of tho 
 B'trgess Rolls ; Representation of the People Act, 1867, the registration of such persons shall bo 
 Ward Rolls. carried out in tho manner directed by the Parliamentary Registration Acts, as 
 modified by this Act. S. 17. In the case of a parliamentary borough which 
 includes in whole or in part more municipal boroughs than one, each such 
 municipal borough shall, for tho purposes of this Act, be dealt with separately, 
 and as if each were the only municipal borough included in whole or in part in 
 Bucli jiarliamentary borough ; and if any parish is partly in one and partly in 
 another or others of such mimicipal borouglis, so much thereof as is in any one 
 of such municipal boroughs shall, for the purposes of this Act, be dealt with as a 
 separate parish. The town clerk of each such municipal borough shall, so far as 
 regards the area of such municipal borough, issue the precepts and perform the 
 other duties to be performed by the town clerk under and shall be the to-mi 
 clerk for the purposes of the Parliamentary Registration Acts and this Act. 
 S. 18. Tho Municipal Corporations Acts shall not, as to anything prior to the 
 completion of the revision of the burgess lists, apply to any burgess list made 
 out under this Act, and instead thereof the Parliamentary Registration Acts, as 
 modified by this Act, shall, up to the completion of the revision of the burgess 
 lists, apply to every such burgess list, as if it were a list of parliamentary voters 
 made out under those Acts, and as if the municipal borough to which such 
 burgess lists relate were a parliamentaiy borough : Provided as follows: — (1.) 
 Nothing in this Act shall authorize a person entered on a burgess list, not being 
 also entered on a list of parliamentary voters, to make any objection in respect 
 of a list of parliamentary voters, or authorize any person entered on a list of parlia- 
 mentary voters, not being also entered on a burgess list to make anj' objection in 
 respect of a burgess list ; (2.) The last day for revising a burgess list made out 
 under this Act shall be the 12th October; and (3.) The burgess lists when revised 
 Kliall be copied for the burgess roll in manner directed by the I^Iunicipal Corj)0- 
 ration Acts. S. 19*. Where the whole or part of the area of a municipal 
 borough is co-extensive with or included in the area of a parliamentary borough, 
 the separate lists of the persons entitled to be elected councillors or aldermen of 
 the municipal borough, though not entitled to be on the burgess roll, shall be 
 made out at the same time and in the same manner as the burgess lists, and all 
 the provisions of this Act Avith respect to the burgess lists shall apply to those 
 separate lists. S. 20*. After the commencement of this Act assessors shall not 
 bo elected in any municipal borough which as regards the whole or part of its 
 area is co-extensive with or included in the area of a parliamentary borough, and 
 any assessors elected in any such municipal borough before <he commencement 
 of this Act shall cease to hold office upon the commencement of this Act. S. 21. 
 If and so far as tho local authority so direct, the lists of parliamentary vi iters 
 and registers of parliamentary voters in parliamentary boroughs, and the burgess 
 lists and burgess rolls in municipal boroughs, and the lists of claimants and 
 persons objected to in parliamentary boroughs and municipal boroughs respec- 
 tively, or any of those documents, shall, so far as they relate to persons qualified in 
 respect of the ownership or occupation of property (including persons qualified 
 in respect of lodgings) be so arranged in the same order in wliich the (iualifying 
 premises appear in the rate book for the parish in which those premises" are 
 situate, or as nearly thereto as will cause those lists, registers, and rolls to record 
 the qualifying premises in successive order in the street or other place in which 
 Ihey are situate, subject in the case of a mimicipal borough divided into wards 
 to the division of the burgess roll into ward lists. The local authority in this 
 Act means as regards a parliamentary borough the authority having power to 
 r dinde the parliamentary borough into polling district.-*, and as regards a muni- 
 
 cipal borough the council of the municipal borough. S. 22. Where a person is 
 entered in respect of lodgings on the register of voters for the time being in 
 force, and desiies to be entered on the next register in respect of the same lodg- 
 ings, he may claim to be so entered by sending notice of his claim to the over- 
 seers of the parish in which his lodgings are situate on or before the 25th July. 
 The overseers shall on or before the last day of July make out a list of all per- 
 sons so claiming, and if they have reasonable cause to believe that any person 
 whose name is entered on the list is not entitled to be registered or is dead, 
 shall add in the margin of the list opposite his name the words "objected to," or 
 " dead" as the case may be. The lists so made out shall be signed, published, 
 and otherwise dealt with in the same manner as the alphabetical lists mentioned 
 
 * See footnote on preceding page.
 
 TRE MUmCIPJl COPtPORATtONS ACT, 1882. 80 
 
 in s. 13 of the Parliamentary Registration Act, 1843, and shall for the purposes Pariah 
 
 of the Parliamentary Registration Acts be deemed to be lists of voters, and the Burgess Lists ^ 
 
 provisions of the Parliamentary Registration Acts as to objections shall apply to TSimjcKs lloUs ; 
 
 such li-;ts, and the persons against whoso names the overseers have so written the " "''^ iiolU. 
 
 words "objected to " or " dead " shall be deemed to be duly objected to. 8. 23. 
 
 Tn the case of a person claiming to vote as a lodger, the declaration annexed to 
 
 Ids notice of claim shall, for the purposes of revision, be prima facie evidence 
 
 of his qualification."] 
 
 (2.*) Where no part of the area of a borough is co-extensive with 
 or included in the area of a parliamentary borough, the lists of 
 burgesses shall be made out and revised, and claims and objections 
 relating thereto may be made, in accordance, as nearly as may be, 
 with the provisions of Part I. of the Third Schedule. 
 
 Part I (now obsolete as regards the method of revision — see footnote) of 
 Schedule III is as follows : — 
 
 1 . On or before each first of September, the overseers of each parish 
 shall make, sign, and deliver to the town clerk a list, called the parish 
 burgess list, of all persons entitled to be enrolled in the burgess roll for the 
 year in respect of property in that parish. t 
 
 [A printed list, corrected by an overseer in his own handwriting and in 
 which his own name was inserted as a burgess, was not a sufficient signing. £. 
 v. Burreil, 12 A. & E. 4G0.1 
 
 2. The overseers shall keep a printed copy of the parish burgess list made 
 by them open to public inspection on the first fifteen days of September. 
 
 3. The town clerk shall cause a printed copy of all the parish burgess 
 lists to be fixed on the town hall, and to be kept so fixed during the last 
 seven of those fifteen days, 
 
 [It was incumbent upon the town clerk to make certain that a perfect list was 
 exposed daily. It. v. Rochester, 7 E. & B. 910.] 
 
 4. Every person whose name is not in a parish burgess list, and who 
 claims to have it inserted therein (in this Act referred to as a claimant), 
 shall, on or before the fifteenth of September, give notice in writing of his 
 claim to the town clerk. 
 
 5. Every person whose name is in a parish burgess list may object to any 
 other person as not being entitled to have his name retained in that or any 
 other parish burgess list. 
 
 6. Every pei-son so objecting (in this Act referred to as an objector), 
 shall, on or before the fifteenth of September, give to the town clerk, and 
 also give to the person objected to, or leave at or on the property for which 
 he appears in the parish burgess list to be rated, notice in writing of the 
 objection. 
 
 7. The town clerk shall make two separate lists of the claimants and the 
 persons objected to (in this Act referred to as respondents), and shall causa 
 printed copies thereof to be fixed on the town hall, and to be kept so fixed 
 during the last seven days of September. 
 
 8. He shall also keep a printed copy of each of these lists open to public 
 inspection on any day during the same seven days. 
 
 9. The mayor and the two revising assessors shall in each year revise 
 the parish burgess lists. 
 
 10. They shall for this purpose hold an open court in the borough on 
 some or one of the first fifteen days of October. 
 
 * As to this subsection (2) and the schedule attached, see the County Electors Act, 
 1888 (Appendix) which practically abolished the office of revising assessor, and 
 directed the Usts to be made out and revised in accordance with the procedure for 
 boroughs included in subsection 1 pi-eceding. 
 
 f Overseers are entitled to have reasonable expenses incurred by them in preparing 
 the lists, to be defrayed out of the borough fund. In view of Addison v. Mayor of 
 Preston, 12 C. B. 108, the overseers' remedy for non-payment of reasonable expenses 
 would appear to be by mandmnus and not by an action ag.imst the council.
 
 60 TEE ENGLISH MUNICIPAL CODE. 
 
 P(iy{g\ 1 1 . Tliey shall give tlireo clear days' notice of the holding of the couil., by 
 
 Burgess Lists ; notice fixed on the town haU. 
 
 Utirgess Bolls • ^^- '^^^^ town clerk shall at the opening of the court produce the parish 
 
 Ward Bolls. ' burgess lists, and a copy of the lists of claimants and respondents. 
 
 13. The court shall insert in the parish hui-gess lists the name of every 
 person who has duly claimed to have his name inserted therein, and is 
 proved to the satisfaction of the court to be so entitled. 
 
 14. The court shall expunge from the jjarish burgess lists the name of 
 every jierson proved to the court to be dead. 
 
 15. Subject as aforesaid, the court shall retain in the parish burgess lists 
 the name of every person to whom objection has not been duly made. 
 
 16. The court shall also retain therein the name of every respondent, 
 unless the objector appears by himself, or by some person on his behalf, in 
 supjjort of the objection. 
 
 17. Where the objector so appears, the court shall require proof of the 
 respondent's qualification, and, if it is not proved to the satisfaction of the 
 court, shall expunge his name from the parish burgess list. 
 
 [An appeal laid to the Supreme Court for a mandamus.^ 
 
 If*. If the name of auy jierson is entered in respect of property situate in 
 more than one ward, the court may call upon him to choose and if he does 
 not choose, may determine in which of those wards he shall be entitled to 
 Tote. 
 
 19. The court shall correct any mistake and supply any omission proved 
 to the court to have been made in any of the lists with respect to the name 
 or abode of any person, or the descrijition of any property. 
 
 20. The overseers, vestry clerks, and collectors of poor rates of every 
 parish shall attend the court. 
 
 21. The court may require any overseer or person having the custody of 
 any book containing any poor rate made in any year in any parish to 
 produce the same at the court for inspection. 
 
 22. The court may examine on oath the town clerk, overseers, vestry 
 clerks, and collectors, and any claimant, objector, respondent, or witness. 
 
 23. The court shall, on the hearing in open court, determine on the 
 validity of all claims and objections. 
 
 24. The mayor shall, in open court, write his initials against each name 
 inserted or expunged, and against any jaart of the lists in vvliich a mistake 
 has been corrected or omission supplied, and shall sign his name to every page 
 of the lists so revised. 
 
 25. The Ma3'or may adjourn the court from time to time, so that no 
 adjourned court be held after the fifteenth of October. 
 
 [As to this Schedule, which is now practically obsolete, see footnote on pre- 
 ceding page]. 
 
 ('3.) In either case the lists shall be styled the parish Lui-gess 
 lists. 
 
 [The efiect of sections 16, 17, 18, 19, and 44 of the Act of 1835, section 7 of 
 20 & 21 Vict, c 50 (1857), section 18 of 41 & 42 Vict c. 20 (1S78), and other 
 sections of that Act cited under subsection 1, was preserved in this clause. It 
 will also be noticed that a new designation was introduced in the clause 
 (subsection 3), namely, that of " Parish burgess lists "]. 
 
 The burgcssrou 45. — (1.) Whcii the parish buro:css lists have been revised and 
 
 niid ward _ ^ ' _ '^ o 
 
 rolls. signed, the revising authority shall deliver them to the town 
 
 clerk, and a printed copy thereof, examined by him and signed 
 by bim, shall be the burgess roll of the borough. 
 
 (2.) The burgess roll shall be completed on or before the 
 twentieth of October in each year, and shall come into operation 
 on the first of November in that year, and shall continue iu 
 operation for the twelvemonths beginning on that day.
 
 THE MUNICIPAL COHrORATIONS ACT, 1S8S. 61 
 
 [This subsection is framed with reference to the case of Budge V. Andrews Pariah 
 and others (3 C.r.I). 510), which was a special que ry to the Court as to wlicthcr Burgess Lists ; 
 a burgess on the roll in force at the time of the nomination but not on the roll Biiryss Rolls ; 
 upon whii h the election proceeds can properly be nominated. Held in the Ward Jiollt. 
 afl^mative (by Grove and Liiidley, JJ.)]. 
 
 (3.) The names in the burgess roll shall be numbered by 
 wards or by polling districts, unless in any case the council 
 direct that the same be numbered consecutively without reference 
 to wards or polling districts. 
 
 (4.) Where the borough has no wards, the burgess roll shall 
 be made in one general roll for the whole borough. 
 
 (5.) Where the borough has wards, the burgess roll shall be 
 
 made in separate rolls, called ward rolls, one for each ward, 
 
 containing the names of the persons entitled to vote in that 
 
 ward, and the ward rolls collectively shall constitute the burgess 
 
 roll. 
 
 (6.) A burgess shall not be enrolled in more than one ward 
 
 roll.* 
 
 [This subsection repeals s. 44, 5 & 6 Will. 4 c. 76 : " If a burgess bo rated in 
 respect of distinct premises in two or more wards he shall be entitled to be 
 enrolled, and to vote in such one of the wards as he shall select, but not in more 
 than one." A biirgess of a borough, divided into wards, was on the roll for two 
 wards ; at the election of town councillors he voted for H in one ward, and 
 immediately afterwards voted in the other ward : — Held, that the vote for H 
 was good ; for that by voting in one ward the burgess had properly made his 
 selection, and the fact of his voting afterwards in the other ward could not 
 vitiate his previous vole. Reg. v. Harrald (L. R., C. P., vol 8, p. 418)]. 
 
 (7.) Where a duplicate of a burgess list is made under section 
 thirty-one of the Parliamentary and Municipal Registration 
 Act, 1878,t it sliall have the same effect as the original, and 
 may be delivered instead thereof. 
 
 (8.) Every person enrolled in the burgess roll shall be deemed 
 to be enrolled as a burgess, and every person not enrolled in 
 the burge«s roll ehall be deemed to be not enrolled as a burgess. 
 
 * If a person is qualified to be a burgess in more thnn one ward he must elect in 
 which ward he will be enrolled, and if he fails to do so, the rovising authority may enrol 
 him at discretion in any one of those in which his quaUticaiion arises. 
 
 t This section is as follows :—" The Usts, if made out in divisions mider this Act, 
 shall when revised be delivered to the town clerk, to whom in respect of the area to 
 which the hsts relate revised parliamentary lists ought to be dehvered. The revising 
 barrister shall as part of the business of the revision, at the request of thp town clerk 
 of any municipal borough the whole or part of the nrea of which is co-extensive with 
 or included in the area of a parliamL-ntary borough, sign and deliver to him a duplicate 
 of the whole or part of any revised hst made out in divisions and relating to that muni- 
 cipal borough. Every such duplicate shall be prepared by the town clerk at whose 
 request it is so signed, and bhall be kept bv him for use for municipal purposes, 
 41 & 42 Vict. c. 20.
 
 62 
 
 TEE ENGLISH .VUyiOIPJL CODE. 
 
 Arrnngement 
 of lists and 
 roUa. 
 
 ■P'"«»A (9.) No stamp duty sJiall be payable in respect of the enrol- 
 
 Burgess Lists ; j. i» i j. 
 
 Burgess Rolls; "^eilt ot a burgCSS* 
 
 Ward RolU. 
 
 [The effect of sections 22, 44 and 45 of the Act of 1835, and sections 31 and 
 33 of 41 & 42 Vict. c. 26, have toon preserved in this cluuso. See Reg. v. 
 Straehnn (L. R. C. v. 7, 4G;5), as to operation of Stamp Act (.S;j & 34 Vict. c. 97, 
 8s. 3, 102, and sch.) which imposes a penny stamp on " Votinji; paper." — Does 
 not extend to voting papers UH(;d under 7 Will. 4 and I Vict. c. 78, ss. 13, 14, at 
 a meeting of the town council of a municipal borough for tho election of 
 aldermen]. 
 
 46. — (1.) If and as far as the council so direct, the parish 
 burgess lists, and the burgess roll, and the ward rolls (if any), 
 and the lists of claimants and respondents, or any of those 
 documents, shall be arranged in the same order in which the 
 qualifying properties appear in the rate book for the parish in 
 which they are situate, or otherwise in such order as will cause 
 those lists and rolls to record the qualifj'ing properties in suc- 
 cessive order in the street or other place in which they are 
 situate. 
 
 (2.) Subject to any such direction, and to the provisions of 
 this Act as to polling districts, the arrangement of the lists and 
 rolls shall be alphabetical. 
 
 [The effect of sections 22 and 45 of the Act of 1835, and section 21 of 41 & 42 
 Vict. c. 26 (1878), is preserved in this clause]. 
 
 47, — (1.) Where the parish burgess lists are revised under 
 the Parliamentary and Municipal Registration Act, 1878, the 
 burgess roll is subject to alteration or correction in manner 
 provided by section thirty-five of that Act. 
 
 [The section is as follows : — " Where burgess lists are revised under this Act, 
 the provisions of the Parliamentary Registration Acts as to app(;al from the 
 decision of the revising barrister sliall apj)ly to a decision on the revision of the 
 burgess lists, and the provisions of the said Acts as to the alti-ration or correc- 
 tion of the register in pursuance of any judgment or order of the court of appeal 
 shall apply to the alteration or correction of tho burgess roll made uj) from the 
 burgess lists as if it were a register of parliamentary voters, except that the 
 notice of the judgment or order shall be given to the town clerk having the 
 custody of tho burgess roll, and the alteration or correction shall be made and 
 signed by him "]. 
 
 (2.) Where the parish burgess lists are revised under this 
 Act, any person ivhose claim has been rejected or name expunged 
 
 Correction of 
 burgbss roll. 
 
 * The Stamp Acts tjciurally provide tliat there shall be paid on admission in England 
 or Ireland as a burgiss, or into any corporation or company, in any city, borough or 
 town corporate, in rcsiu-ct of birtli, apprenticcsliii), or marriage, or in Iroland, in respect 
 of being engaged in any trade, mystery or liandicraft, the sum of £1 ; upon any other 
 ground £3. llie exeniplions arc admission of any pirson to tlie freedom of the City 
 of Lond(m, by redenijjtion and enrolnu;nt as in tliis subsection. As the Inland 
 Revenue authorities attach (piite a dillcient meaiiing to the terms "enrolment" and 
 " admission " (this on authority), the insertion of the subsection may be regarded as 
 a desire to avoid the possibility of doubt on the subject.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS2. 63 
 
 at the revision of the lists may apply, icithin two months after the Parish 
 last sitting of the revision court, to the High Court in the Queen\s n^ny/7^s Poti' ; 
 Bench Division for a mandamus to the mayor to insert his name ^ardiiulU. 
 in the burgess roll ; and thereupon the court shall inquire into 
 
 the title of the applicant to be enrolled. 
 
 [The word " shall " after " court " in this subsection was used with reference 
 to the case of Reg. v. Mm/or of llarivich (8 A. & E., 919). After a burgess roll 
 had been made np in the manner provided by 5 & 6 Will 4 c. 76, the pt^rsons 
 whose names were on the roll were entitled to vote at the election of councillors, 
 and upon the trial of an information, their right could not be questioned. — 
 Meg. V. Titgwell (38 L. J, R., N. S,, Q. B. 12)]. 
 
 (3.) If the court grants a mnndamiis, the mayor shall insert the 
 name in the burgess roll, and shall add thereto the icords " by 
 order of Her Majesty's High Court of Justice," and shall 
 subscribe his name to those u-onls.* 
 
 [The effect of section 24 of 7 Will. 4 and 1 Vict. c. 78 (1837), and section 35 
 of 41 and 42 Vict. c. 26 (1878) was preserved in this clause], 
 
 48. — (1.) The town clerk shall cause the parisli burgess Printing and 
 lists, the lists of claimants and respondents, and the burgess rou and otuer^ 
 roll, to be printed, and shall deliver printed copies to any person ° ^'^^^ ^' 
 on payment of a reasonable price for each copy. 
 
 (2.) Subject to section thirty of the Parliamentary and 
 Municipal Registration Act, 18 J 8, the proceeds of sale shall 
 go to the borough fund. 
 
 [The eff'ect of sections 16, 17 and 23 of the Act of 1835, and section 30 of 
 41 & 42 Vict. c. 26 (1878), is preserved in this clause. The section last referred 
 to is as follows : — " Where the whole or part of the area of a municipal borough 
 is co-extensive with or included in the area of a parliamentary borough, the 
 expenses properly incurred by the town clerk (including in his expenses the 
 matters mentioned in s. 31 of the Eepresentation of the People Act, 1867), and 
 the expenses properly incurred by the overseers in carrying into effect the pro- 
 visions of this Act with respect to the lists of parliamentary voters and burgess 
 lists, and all moneys received in respect of any of those lists, or in respect of any 
 fine imposed by the revising barrister on the revision of the lists, shall be respec- 
 tively paid and applied as follows :— (1.) If the area of the parliamentary borough 
 and the area of the municipal borough are co-extensive, one-half of the expenses 
 shall be defrayed in the manner provided by the Parliamentary Eegistration 
 Acts as expenses incurred thereunder, and the other half shall be defrayed out of 
 the borough fund, and one-half of the money received as aforesaid shall be 
 applied in the manner directed in those Acts, and the other half shall be paid 
 to the borough fund. (2.) In all other cases the expenses and receipts in resj ect 
 of the area common to the parliamentary borough and to a municipal borough 
 shall, as to one-half thereof, be defrayed and applied as expenses and receijits 
 under the Parliamentary Eegistration Acts, and shall as to the other half 
 thereof be defrayed out of and paid to the borough fund of such municipal 
 borough. And the expenses and receipts in respect of an area exclusively parlia- 
 mentary shall be defrayed and applied as expenses and receipts under the 
 Parliamentary Eegistration Acts. And the expenses and receipts of an area 
 exclusively municipal shall be defrayed out of and paid to the borough fund of 
 the municipal borough comprising such area. Any expenses and receipts in- 
 curred or arising in respect of more than one such area shall be apportioned 
 
 * With the abolition of revising assessors under the County Electors Act, 1888, 
 subsections 2 and 3 here describe a procedure now practically obsolete.
 
 64 THE EXGLISn MUXICIPAL CODE. 
 
 Parish between the several areas in respect of which they are incurred or arise, in the 
 
 Burr/ess Lists ; proportion as nearly as may be in -vrhich the same are incurred and arise in respect 
 ^iirgess hulls ; ^f jfjg several areas, regard being had to the number of parliamentary voters or 
 "' '^ *• burgesses in each area, or any other circumstances occasioning the expenses or 
 giving rise to the receipts. The revising barrister shall, as part of the business 
 of the revision, determine, if necessarj% in respect of what aria or areas any 
 expenses or receipts are incurred or arise, and how much thereof is attributable 
 to each area. The remuneration of the revising barrister shall be paid as here- 
 tofore under the Parliamentary Registration Acts ; Provided always, that in the 
 case of a municipal borough whose burgess lists are revised under this Act, 
 there shall be paid out of the borough fund to the revising barrister, by way of 
 additional rc^muneration in respect of his additional work on account of the 
 municipal revision for such municipal borough, a remuneration at the rate 
 mentioned in s. 3 of the Municipal Corporations Act, I85U"]. 
 
 pem™sqmui°^ 49— (1.) TliG oversoers of eacli parish shall at the same 
 
 cfiiors burnot' ^^^^ ^^^^ they make the parish burgess list make a list of the 
 
 to be burgesses. pej-gQiis entitled in respect of the occupation of property in that 
 
 parish to be elected councillors, as being resident within fifteen 
 
 miles although beyond seven miles from the borough.*" 
 
 (2.) The provisions of this Act as to the parish burgess lists, 
 and claims and objections relating thereto, and the revision of 
 those lists shall, as nearly as circumstances admit, apply to the 
 lists made under this section. 
 
 (»3.) The town clerk shall arrange the names entered in these 
 lists, when revised, in alphabetical order as a separate list (in 
 this Act called the separate non-resident list), with au appro- 
 priate heading, at the end of the burgess roll. 
 
 [The effect of section 3 of 32 & 33 Vict. c. 55 (1809) and section 19 of 41 & 
 42 Vict. c. 26 (1878), is preserved in this clause. The distinction here should 
 be noted. A "burgess" must reside within seven miles from the borough; 
 a councillor elected under the property qualification, if resident beyond the 
 seven miles, but within the fifteen miles, is not a burgess until he is elected]. 
 
 Election of Election of Councillors. 
 
 Councillors. 
 
 BorouKhivn.i 50. — (1.) Where a borough has no wards, there shall be one 
 
 ward elections. i ,. n -n p xi i i i i 
 
 election oi councillors tor the whole borough. 
 
 (2.) "Where a borough has wards, there shall be a separate 
 election of councillors for each ward.f 
 [The effect of sections 43 and 44 of the Act of 1835 is preserved in this clause]. 
 
 * See hereon section 1'2 of Ihe County Electors Act, 1888, as follows: — " A list of 
 persons occupying property in a county, :uui lesi.linf^ within fifteen miles, but more than 
 seven miles from tlie county, shall bo made out in accordance witli section forty-nine of 
 the Municipal Corporations Act, 1882, and that section sliiill ajiiily as if it were herein 
 re-eiiitcted, with the substitution of 'county' for ' borout,'h,' and of ' county elector ' 
 for 'burgess,' and of 'clerk of the pence' for 'town clerk'"; and tin; following 
 quahfication in subsec. 6 of see. 70 of the Local Government Act, 1888 : — " It is hereby 
 declared that notbinfj in sRction 1'2 of ttie County Electors Act, 1888, applies to any 
 person occupyinK property within a borousli." 
 
 f The extrenu! ntunber of councillors named in the schedules of the Act of 1635 is 
 forty-eight, and itltlioiif»h special and local Acts of Parliament liave in some instances 
 varied the wards and lepresentation, that number has not been exceeded.
 
 THE MUNICIPAL CORrORATlOXS ACT, 18S2. 65 
 
 51. — (1). At an election of councillors, a person shall he Election of 
 
 entitled to subscribe a nomination paper, and to demand and rp-^/^^^^^j^" 
 
 receive a voting paper, and to vote, if he is enrolled in the burgess 
 
 roll, or, in the case of a ward election, the ward roll, and not 
 
 otherwise.* 
 
 [See 22 Vict. c. 35, s. 6, where a municipal borough is divided into wards, 
 the person nominating a candidate for town councillor, must be entitled to vote 
 for the particular ward for which he nominates, and if he be entitled to vote 
 only for another ward, his nomination and the election of the candidate are void. 
 Reg. V. Farkinson, (L.R., 3 Q.B., 11)]. 
 
 (2.) No person shall subscribe a nomination paper in or for 
 more than one ward, or vote in more than one ward. 
 
 (3.) Nothing in this section shall entitle any person to do any 
 
 act therein mentioned who is prohibited by law from doing it, or 
 
 relieve him from any penalty to which he may be liable for doing it. 
 
 [The effect of sections 29 and 44 of the Act of 1835, section 10 of S6 & 36 
 Vict. c. 60 (1872), and secti-in 5 of 38 & 39 Vict. c. 40 (1875), is preserved in 
 this clause]. 
 
 52. — The ordinary day of election of councillors shall be the nay of election, 
 first of November.! 
 
 [The effect of section 30 of the Act of 1835 is preserved in this clause]. 
 
 53. — (1.) At an election of councillors for a whole borough Returning 
 
 ^, " officer at 
 
 the returning officer shall be the mayor. t election. 
 
 [There have been some important decisions given in the supreme courts with 
 respect to the mayor's position as returning officer. The principal ones areas 
 follows: — Under sects.32- 35 of the Act of 1835,amaj^or of a borough not divided 
 into wards, who * * * presides at and declares the result of an elec.ion 
 of town councillors for the borcush is precluded from being a candidate for 
 election as town councillor, inasmuch as, acting as returning officer, he cannot 
 return himself. Under section 28, which enacts that no person shall be eligible 
 as councillor " during such time as he shall hold any office or place of profit othnr 
 than that of mayor'' (in the disposal of the borough), the mayor is eligible as 
 town councillor, if the borough is divided into wards, for a ward in which he is 
 not acting as returning officer. R(g. v. Owens (2 El. & El. 86.) In another case 
 at an election of councillors for a borough not dividi d into wards, the mayor 
 was a candidate and also acted as returning officer. There was evidence that a 
 number of the electors who voted for him knew that ha was acting as returning 
 officer, but not of their knowledge that he was thereby disqualified from being 
 a candidate. — Held that, although the electors who so voted were proved to have 
 known of the fact, the legal eflect of which is to disqualify a candidate, it 
 could not wi'hout further evidence be presumed that they voted knowing that 
 he was actually disqualified and thereby threw away their votes. Reg. v. The 
 Mayor, Aldermen and Burgesses of Tewkesburg (37 L. J. K., N. S., Q.B. 283)]. 
 
 * See section 47 (pnf;e 63 a7ite) as to the case of Reg. v. Tugwell. 
 
 \ The most recent charters of incorporation have invariably specified under their 
 authority this date for the first election. The convenience is obvious — two general 
 elections within twelve months being thus avoided. By subsection 1 of section 75 of 
 the Local Government (England and Wales) Act, 1888, the elections for county coun- 
 cillors, in a year in which they are elected, will be conducted together with the 
 elections for borough councillors. See Appendix. 
 
 + In such boroughs he will be the deputy of the returning officer, appointed by the 
 county coimcils under the Local Government Act, 1888 (section 75, subsection 6). 
 
 5
 
 {J6 
 
 TEE EXGLISH MUNICIPAL CODF. 
 
 EUclii n of [^y section 38 of the Act of 1835 no person is qualilicd to bo elected councillor 
 
 Ckfuucillon. ^^ ^^7 ljoron<:;h during such time as lie shall hold any office or ^ilaco of profit, 
 other than that of mayor, in the gift or disposal of the council of the borough. 
 I?y section 32 every (■lection of councillors is to be held before the mayor and 
 assessor, who by section 35 are to examine the voting papers for the purpose of 
 ascertaining which persons are elected. By section 3G, if the mayor of any 
 borough sliall, at the time when it shall be necessary to execute the powers and 
 duties of mayor with respect to elections, ho dead, absent, or otherwise incapatile 
 of acting, the council of such borough shall forthwith elect one of the aldermen 
 to execute all such powers and duties in the place of the mayor. — Hehi that, 
 although the mayor cannot act as returning officer at an election when h(; him- 
 self is a candidate , yet he may be lawfully elected or re-elected councillor during 
 his mayoralty, after previously declaring his incapacity to act as returning officer 
 at the election by reason of his being a candidate, and after an alderman of the 
 borough has been elected to fulfil the duties of mayor at the election, as the 
 words " incapable of acting" in the staluto are not limited to cases of physical 
 incapacity. Eeg. v. White (3G L. J. R., N. S., Q. B. 2G7)]. 
 
 (2.) At an election for a ward the returning officer shall be an 
 alderman assigned for tliat purpose by the council at the meeting 
 of the ninth of November. 
 
 [The effect of sections 32 and 43 of the Act of 1833 is preserved in this 
 clause. At the election of a councillor for a ward in a borough the maj'or i3 
 not the returning officer within the meaning of section 20 of the Ballot Act, 
 imless he also happens to be alderman of such ward, or unless the office of 
 alderman in such ward be vacant. Harmon v. /V/;7.(T;. E,., Q. B. D. 6, \). 323). 
 Sub-section 2 renders it necessary that an alderman bo assigned, and supersedes 
 *x-officio aldermanic discharge of duties as returning officer] . 
 
 Notice of 
 election. 
 
 Komination of 
 Candida tea. 
 
 54. — Nine days at least before the day for tlie election of a 
 councillor, the town clerk shall prepare and sign a notice thereof, 
 and publish it by fixing it on the town hall, and, in the case of a 
 ward election, in some conspicuous place in the ward. 
 
 [The effect of section 1 of 38 & 39 Vict. c. 40 (1875) is preserved in this 
 
 clause]. * 
 
 55. — The nomination of candidates for the office of councillor 
 shall be conducted in accordance with the rules in Part II. of 
 the Third Schedule. 
 
 [The effect of sections 1, 2, and 7 of 38 & 39 Vict. c. 40 (187')), and section 34 
 of 41 & 42 Vict. c. 26 (1878), is preserved in this clause. The rules of Part 
 II. of the Third Schedule are as follows : — 
 
 1. Every candidate for the oflBce of councillor must he nominated in 
 writing.* 
 
 [A candidate at a municipal election was twice nominated, one nomination 
 being good, but the other being bad. Ilis name appeared in the ballot papers 
 twice ; once in respect of each nomination. 71 voters appended their marks 
 to his name under one nomination, and 301 under the other. All the voters 
 80 voting intended to vote for the candidate, and if both classes of voters 
 could be added together, he bad a majority, and was entitled to be returned. — 
 
 Stc Form 1. Part H. of the Eighth Schedule.
 
 THE MUyiCIPAL CORPORATIONS ACT, 1882. 67 
 
 TTeld, that havina; been duly nominated, and having a majority of votes, he was Election of 
 entitled to be returned. Held., also, that the defect in the bad nomination was Councillurt. 
 not cured by the 12th and 13th rules of the 1st schedule of the Ballot Act, in- 
 asmuch as those rules do not apply to the nomination at a municipal election. — 
 Barnstaple Municipal Ehctinn (L. R. C. P., vol. 10, p 476)J. 
 
 2. The writing must be subscribed by two burgesses of the borough, or, in 
 the case of a ward election, of the ward, as proposer and seconder,and by eight 
 other burgesses of the borough or ward, as assenting to the nomination. 
 
 [The alteraticm of nomination paper after delivery to the town clerk, where the 
 proposer was not an enrolled burgess, by the substitution of a proposer duly 
 ((ualifiedwas — Held, in the absence of the seconder and assenting burgesses, to 
 invalidate nomination though other formalities complied -with..— Harmon v. 
 Park (L. R., Q. B. Div. 7, p. 3G9)]. 
 
 3. Each candidate must be nominated by a separate nomination paper, 
 but the same burgesses, or any of them, may subscribe as many nomina- 
 lion papers as there are vacancies to be filled, but no more. 
 
 [At a municipal election there were four vacancies to be filled, a burgess 
 subscribed four nomination papers, which were delivered within due time, and 
 subsequently he subscribed a fifth nomination paper which was al^o delivered 
 in due time. In each case he subscribed as one of the eight assenting bur- 
 gessps required by the Act (Municipal Elections Act, 1875, 38 & 39 Vict. c. 
 40, s. 1. sub-sec. 2). Held, that the first four nomination papers were valid, 
 and that the fifth was invalid. Burgoyne v. Collins (L. R., 8 Q. B. D., 
 p. 450). See also Rule 10]. 
 
 4. Each person nominated must be enrolled in the burgess roll or 
 entered in the separate non-resident list required by this Act to be made. 
 
 [The words '-any person entitled to vote" in 22 Vict. c. 35, s. 6, which 
 provided that at any election of councillors to be held for any borough or 
 ward any person may nominate for the office of councillor himself (if duly- 
 qualified), for any other person or persons so qualified (not exceeding the 
 number of persons to be elected, for the borough or ward as the case may be), 
 &c., required that at the election of councillors for a ward the person nom- 
 inating should be on the list of voters for the ward. Reg. v. Parkinson (37 L. J.R., 
 N. S.,Q. B.,52)]. 
 
 5. The nomination paper must state the surname and other names of the 
 candidate, with his abode and description. 
 
 [In a nomination paper at an election for town councillors of a borough 
 under the Municipal Elections Act, 1875, the name of a candidate, which was 
 Robert Vicars Mather, was inserted thus " Robert V. Mather " : — Held, not such 
 a statement of "the surname and other names of the person nominated " as to 
 satisfy^ the requin ment of s. 1 of the Act and the form giren in the 2nd 
 schedule ; and that the inaccuracy was not cured by s. 142 of 6 & 7 Will. 4, 
 c. 76. Mather v. Brown (L. R., C. P. D., vol. 1., p. 599). But R. v, Bradley, 
 3 E. & E. 634, held that Wm. for William — -afterwards confirmed by the Court 
 of Appeal in Henri/ v. Armitage — was sufiicient.] 
 
 6. The town clerk shall provide nomination papers, and shall supply 
 any burgess with as many nomination papers as may be required, and shall, 
 at the request of any burgees, fill up a nomination paper. 
 
 [The town clerk must fill in the number and qualifying property of the bur- 
 gesses subscribing the nomination papers if required. A duly attested mark 
 should be regarded as equivalent to a signature]. 
 
 7. Every nomination paper subscribed as aforesaid must be delivered by 
 the candidate, or his proposer or seconder, atthetswn clerk's oflice, seven* 
 days at least beforet the day of election, and before five o'clock in the after- 
 noon of the last day for delivery of nomination pipers. 
 
 [Under the Municipal Elections Act, 1875 (^38 & 39 Vict. c. 40. s. 1, sub-s. 3), 
 the nomination paper must be delivered to the town clerk by the candidate him- 
 
 • In the case of elections for county councillors under the Local Government 
 (England and Wales) Act, 1888, section 75, subsection 9, the period between the 
 nomination and election may be fuch peiiod, not exceeding six days as the retmning 
 officer may fix. 
 
 t The latest day before the annual election would be October 24th, subject to 
 the provisions of section 230 as to Sundays and Fastdays.
 
 G8 THE ENGLISH MUNICIPAL CODE. 
 
 Election of self or by his proposer or seconder personall}', and not by an agent. And the 
 Councillors. objection is one which is cngnisable by tho mayor, whose decision allowing it 
 
 may be questioned on a petition against the return of the successful candidate. 
 
 Monks V. Jack-son (L. E., G. P. U., vol. 1, p. 683)]. 
 
 8. Tho town clerk shall forthwith send notice of every such nomination 
 to each candidate. 
 
 9. The mayor shall attend at the to'w'n hall on the day next * after the 
 last day for delivery of nomination papers for a sufficient time, between the 
 hours of two and lour in the afternoon, and shall decide on the validity of 
 every objection made in writing to a nomination paper. 
 
 [Where a town cleik issued notice in the prescribed form but erroneously stating 
 the last day for the delivery of nomination papers. Held, that the notice 
 being calculated in the opinion of the court to mislead the candidates, and .'■o 
 prevent a fair election, the whole proceeding must be declared void and a new 
 election ordered. Iloives v. Turner (L. E.., C. P. U., 1, p. 070). Northampton 
 borough.] 
 
 10. Where a person subscribes more nomination papers than one, his 
 subscription shall be inoperative in all but the one which is first delivered. 
 
 [When read with liule 3 this one appears absolutely contradictory, but having 
 regard to original legislation on the point, the case noted under Rule 3 would 
 seem to provide a safe indication of the coiu-se to be adopted. See also 
 Rule 3]. 
 
 11. Each candidate may, by writing signed by him, or, if he is absent 
 from the United Kingdom, then his proposer or seconder may, by writing 
 signed by him, appoint a person (in the schedule referred to as the candi- 
 date's representative) to attend the proceedings before the mayor on behalf 
 of the candidate, and this appointment must be delivered to the town clerk 
 before five o'clock in the afternoon of the last day for delivery of nomination 
 papers. 
 
 [S. was nominated a candidate for the ofiice of councillor in the borough of 
 B., in his nomination paper his seconder was described as of H. Street. The 
 situation of the property of the seconder was described on the burgess roll as 
 being in W. Street. The street was generally known as H. Street, and its 
 name hadonlj- l-oen recently changed to W. Street ; no one had been or could 
 be misled by the description thereof as H. Street. The mayor of B. having 
 declared the nomination paper to be void on the ground that tho seconder of S. 
 had improperly described the situation of the property in respect of which he 
 was enrolled on the burgess roll : — Held, that the situation of the property of 
 the seconder was sufficiently described, and that the decision of the mayor was 
 wrong. Soper v. Mai/or of Basingstoke (L. R., C. P. D., vol. 2., p. 440)]. 
 
 12. Each candidate and hi^: representative, but no other person, except 
 for the purpose of assisting the mayor, shall be entitled to attend the pro- 
 ceedings before the mayor. 
 
 [A candidate at a municipal election under the Ballot Act, 1872 (35 & 36 
 Vict. c. 33), has a right as such candidate to be present in the polling stations 
 durin? the polling, although he does not either himself undertake the duties of 
 an agent or assist his agent m the performance of such duties ; and therefore 
 the presiding officer at the election has no authority to exclude such candidate 
 therefrom if he does not interfere with the polling or in any other way mis- 
 conduct himself. Clementson v. Mason (L. R., C. D., vol. 10, p. 209)]. 
 
 13. Each candidate and his representative may, during the time ap- 
 pointed for the attendance of the mayor for the purposes of this schedule, 
 object to the nomination paper of any other candidate for the borough or 
 ward. 
 
 14. The decision of the mayor shall be given in writing, and shall, if 
 disallowing an objection, be final, but, if allowing an objection, shall be 
 subject to a reversal on petition questioning the election or return. 
 
 [The duty here devolving on the maj'or is one which the very wording of the 
 rule implies is to be discharged with every care and consideration. Where the 
 Mayor allows an objection which is obviously tho effect of an erroneous 
 judgment, the Mayor may not be made a respondent. Harmon v. Fark, &c., 
 44 L. T. (N. 6.) 81]. 
 
 • That is to say — for an annual election — on October the 25th.
 
 TEE MUmCIPAL CORPORATIONS ACT, 18S2. 69 
 
 15. The town clerk shall at least four days before * the day of election Election of 
 ca-use the stirnnmesand otlior names of aU persons validly iioiiiinated, with Cuiincillort 
 their respeetivu abodes and dcsciiijtions, and the names of tin; persons sub- 
 scribing their noinination papers as proposers and seconders, to be printed 
 
 and fixed on the town hall, and in the case of a ward election, in soirie con- 
 spicuous place in the ward. 
 
 16. The nomination of a person absent from the United Kingdom shall lie 
 void, unless his written consent given within one month before the day of 
 his nomination in tlie presence of two i\'itnesse3 is produced at the time 
 of his nonunatioii. 
 
 17. Where the number of valid nominations exceeds that of the vacan- 
 cies, any candidate may withdraw from his candidature by notice signed 
 by him, and delivered at the town clerk's office not later than two 
 o'clock in the afternoon of the day next after the last day of delivery 
 of nomination papers : Provided that such notices shall take effect in the 
 order in which tiiey are delivered, and that no such notice shall have 
 effect so as to reduce the number of candidates ultimately standing 
 nominated below the number of vacancies. 
 
 [The intention of this rule is clear. Any candidate or candidates who may 
 desire, from whatever cause, to save the borough the expense, labour, and tur- 
 moil of a contested election have provided here a method for giving effect to 
 their wishes] . 
 
 18. In and for the purposes of the provisions of this Act relating to 
 proceedings preliminary to election, the burgess roll or ward roll which 
 will be in force on the day of election shall be deemed to be the burgess 
 roll or ward roll, and a person whose name is inserted in one of the lists 
 from which the bm-gess roll or ward roll will be made up, shaU be 
 deemed to be enrolled in that roll although that roll is not yet com- 
 pleted. 
 
 [See section 45 ante (page 61) for reference to the case of Bndqe v. Andrews. 
 It will be useful to also here notice the case of Golhard and others (petitioners) v. 
 Clarke and others (respondents), (argued in C. P. Div., H. C. J., before JJ. 
 Grove and Lopes). It appeared that the petitioners were candidates for the 
 office of councillor for the Heaton Norris ward of the borough of Stockport. 
 Messrs. Clarke, Hunt and Livesley, the respondents, were also candidates, and 
 they were declared to be duly elected. The nomination papei-s of the petitioners 
 were delivered to the tovra. clerk. In the case of each of the petitioners, 
 George Chapman was the seconder of the nomination. His number on the 
 burgess roll was given in the nomination paper as 695. It was objected that 
 the number 695 on the ward list did not represent George Chapman, and that, 
 as the burgess number given in the nomination paper was wrong, the nomination 
 was insufficient and the description misleading. The number 695 was the 
 number of George Chapman sh^wn in certain uncorrected proofs of the burgess 
 roll which had been supplied by a clerk in the town clerk's office to the agents 
 of the two political parties in the borough. In tliis i^roof certain numbers had, 
 by a clerical error, been inserted t\vice over. When the error was discovered, 
 it was corrected by the town clerk. The effect of this cornction was that in 
 the burgess roll, as completed on the 22nd of October, Mr. Chnpman's number 
 was 704 instead of 695. The mayor allowed the objection, and declared the 
 respondents duly elected. Mr. Chapman was a justice of the peace for the 
 borough, held certain offices and was well known in the borough, and nc person 
 was or could be misled in any way by the alleged inaccuracy in the nomination 
 papers, nor was there nor could there be any doubt as to the identity of George 
 Chapman. The petitioners submitted that the alleged inaccuracy was im- 
 materiil, and that the mayor ought to have disallowed the objection to the 
 nomination papers. The question for the court was whether the mayor's 
 decision was right. Mr. Justice Grove : The question depends mainly on the 
 con.struction which is to be placed on the schedule in 38 & 39 Vict. c. 40 (the 
 Municipal Elections Act, 1875). Previous to the passing of that Act it was not 
 necessary to give in the nomination paper the register numbers of the nominators. 
 The form of nomination paper prescribed by the 38 & 39 Vict. 0. 40 contains 
 
 The 27th of October in the case of an annual election.
 
 70 
 
 THE ENGLISH MUNICIPAl CODE. 
 
 Election of 
 Councillors. 
 
 RelHtion of 
 nomination to 
 election. 
 
 a note, " the number on the burgess roll of the burg' ss subscribing, with the 
 valuation of the property in respect of which he is enrolled on the burgess 
 roll." As to the meaning of this note there could be no doubt. The (inestion 
 is, whether it is imperative or directory only. I see no reason why it should 
 be held to bo merely directory ; and if it were so held, it would inevitably lead 
 to irregularity, and thus give rise to inconvenience. The provisicm was a new 
 one, and there seemed to be good and suihcient reason for it, the object clearly 
 being to enable persons who took an interest in the election to ascertain, by an 
 inspection ot the burgess roll, who were the persons proposing, seconding, and 
 assenting to the nomination of the candidates. It was a simple and useful 
 provision, and ought not to be ignored. It would lead to great carelessness if 
 it were decided in a court of law that any number could be placed against the 
 names of the burgesses, subject to a power of correction in the mayor. More- 
 over, that power could not ho exercised by the mayor until the object of the 
 statute had been completely frustrated, that object being that, before the election, 
 persons should see whether the candidate was properly proposed, seconded, and 
 assented to by cnrolhid burgesses. The consequence of omitting or mis-stating 
 the number on the rrgister might be veiy seriou.s. Suppose, for example, we 
 said, as we are asked to say, the number here is immati rial, because it has not 
 misled any one. If such a contention were allowed, it would become necessary 
 for the mayor, in similar cases, to hold an inquiry in order to discover whether 
 anybody had been misled— an inquiry which would be the reverse of beneficial ; 
 and if the mayor was thought to be a partisan his decis on would be cavilled at. 
 'i'he effect would be to give the mayor much trouble, protract the time of the 
 election, and depart from the terms of the Act, and change a simple and sensible 
 provision for a complex and difficult inquiry. It was argued, on behalf of the 
 petitioners, that the words " to the like effect " would have been omitted from 
 section 1, subsection 2, of the Act, if the subsection was intended to be obli- 
 gatory. But the words in the note to the schedule are plain : " the number on 
 the burgess roll of the burgess subscribing." The words are used in their 
 ordinary sense. The numbers are not given here — 704 is not 695. If this wrong 
 number did not mislead in this particular case, it might hare done so ; and I am 
 of opinion that the provisions of the Act were not properly complied with. 
 Sec. 13 of the Act of 1872 remains to be noticed. It enacts that no election 
 shall be declared invalid "by reason of non-compliance with the rules, or 
 mistakes in the use of the forms." I do not see how we can apply this section 
 in the present case. We are not declaring the election invalid, and the mayor 
 could not declare the election invalid before it was completed. It was argued 
 that the word " election " was used for the process of the election, as well as the 
 completion. In the llith section " election" must be held to mean the consum- 
 mation of the election. No clccti')n in the present case can be declared invalid, 
 because there is no election to declare invalid. We must therefore give judg- 
 ment for the respondents with costs. Iilr. Justica Lopes concurred. (L. R., 
 C. P. D., vol. 5, p. 253)]. 
 
 56. — (1.) If the number of valid nominations exceeds that 
 of the vf^cancies, the councillors shall be elected from among 
 the persons nominated. 
 
 (2.) If the number of valid nominations is the same as that 
 of the vacancies, the peisons nominated shall be deemed to be 
 elected. 
 
 (3.) If the number of valid nominations is less than that of 
 the vacancies, the persons nominated shall be deemed to be 
 elected, aud such of the retiring councillors for the borough or 
 ward as were highest on the poll at their election, or, if the poll 
 was equal, or there was no ])oll, as are selected for that purpose 
 by Ihe mayor, shall be deemed to be re-elected to make up the 
 required number.
 
 THE MUXICIFAL CORPURATIOXS ACT, 1SS2. 71 
 
 (4.) If there is no valid nomination, the retiring councillors Election .f 
 shall be deemed to be re-elected. GoundliorB, 
 
 [The effect of section 8 of 22 Vict. c. 35 (1850), and section 1 of 38 & 39 
 Vict. c. 4i>, is preserved in this clause. Where the mayor of a horcugh has, 
 under section 1, subsection 3, 38 & 39 Vict. c. 40, improperly ullowed an objec- 
 tion to a nomination paper, the court has juri.sdictioii under 35 & 33 Vict. c. 60, 
 8. 12, to entertain a case questioning the validity of the election. Budge v. 
 Andrews (3 C. P. D., 510)]. 
 
 57. — If an election of councillors is not contested, the return- P«Wication of 
 
 ' uncontested 
 
 ing officer shall publish a list of the persons elected not later election. 
 than eleven o'clock in the morning on the day of election. 
 [The effect of section 8 of 22 Vict. c. 35 (1859) is preserved in this clause]. 
 
 58. — (1.) If an election of councillors is contested, the poll J[u°!'tin°ipoUai 
 shall, as far as circumstances admit, be conducted as the poll at ei'e'ctioa.'^ 
 a contested parliamentary election is by the Ballot Act, 1872,* 
 
 * Section 20 of the Act referred to contains the directions as follows : — " The poll at 
 every contested municipal election shall, so far as circumstances admit, be conducted 
 in the manner in which the poll is by this A.ct directed to be conducted at a contested 
 parliamentary election, and, subject to the modifications expressed in the schedules 
 annexed hereto, such provisions of this Act and of the said schedules as relate to or are 
 concerned with a poU at a parliamentary election, shall apply to a poll at a contested 
 mimicipal election : Provided as foUows : 
 
 (1.) The term ' returnuig officer ' shall mean Ihe mayor or other officer who, under 
 
 the law relating to mmiicipal elections, pi-esides at such elections : 
 (2.) The term ' petition questioning the election or return ' shall mean any pro- 
 
 ceeduig in which a muidcipal election can be questioned : 
 1^3.) The mayor shall provide everything which in the case of a parliamentary 
 electi' m is required to be provided by the returnuig officer for the purpose of 
 a poll : 
 (4.) All expenses shall bo defrayed in mramer provided by law with respect to the 
 
 expenses of a municipal election : 
 (5.) No return shall be made to the Clerk of the Crown in Chancery : 
 (fi.) Nothing in this Act shall be deemed to authorize the appointment of any agents 
 of a candidate in a municipal election, but if in the case of a municipal election 
 any agent of a candidate is appointed, and a notice Ln writing of such appoint- 
 ment is given to the returning otliccr, the provisions of this Act with respect to 
 agents of candidates shall, so far as respects such agent, apply in the case of 
 that election 
 (7.) The provisions of this Act with respect to — 
 
 (a.) The voting of a returning officer ; and 
 (6.) The use of a room for taking a poll ; and 
 
 (c.) The right to vote of persons whose names are on the register of voters ; 
 shall not apply in the case of a municipal election. 
 A municipal election shall, except in so far as relates to the takhig of the poU in the 
 event of its being contested, be conducted in the maimer iu which it would have been 
 conducted if this Act bad not passed." 
 
 Rule 64 for Municipal Elections, contained in Part II. of the First Schedule of 
 
 tbe Act, may be also usefully quoted here : — " In the application of the provisions of 
 
 this schedule to municipal elections the following modifications shall be made : — 
 
 (a.) The expression ' register of voters ' means the burgess roll of the burgesses of 
 
 the borough, or, in the case of an election for the ward of a borough, the ward 
 
 hst ; and the mayor shall provide true copies of such register for each polliug 
 
 station : 
 
 (i.) All ballot papers and other documents which, in the case of a parliamentary 
 
 election, are forwarded to the Clerk of the Crown in Chancery shall be delivered 
 
 to the town clerk of the municipal borougli in whicb the election is held, and 
 
 shall be kept by him among the records of tlie Ijonmgh ; and the provisions of 
 
 Parti, of this schedule w.th respect to the inspection, prod action, cud destruction 
 
 of such ballot papers and documents, and to tbe copies of such dociunents 
 
 shall apply respectively to the ballot papers and documents so in the custody 
 
 of the tow'i cli'rk. with these modifications ; namely,
 
 72 THE ENGLISH MUXIVirAL CODE. 
 
 Liection of directed to be conducted, and, subject to the modifications 
 Louuciiiors. gxpj.gggg(i in paj,^ III of the Third Schedule, and to the other 
 
 provisions of this Act, the provisions of the Ballot Act, 1872, 
 relating to a poll at a parliamentary election (including the 
 provisions relating to the duties of the returning officer after 
 the close of the poll)* shall apply to a poll at an election of 
 councillors. 
 
 [The modifications of the Ballot Act in its application to municipal 
 elections referred to above are contained in Part III. of the Third Schedule, as 
 follows : — 
 
 1. The provisions of the Ballot Act, 1872, with respect to the voting 
 of a returning officer,t the use of a room for taking a poll,+ and the 
 right to vote of persons whose names are on the register of votcrs§, and 
 Rules 16 and 19 || in the schedule to that Act, shall not apply in the 
 case of a municipal election, 
 
 2. The mayor shall at least four days before the day of election give 
 public notice of the situation, division, and allotment of polling places for 
 taking the poll at the election, and of the descriptions of the persons 
 entitled to vote thereat, and at the several polling stations. 
 
 3. Tlie mayor shall provide everything which in the caso of a parlia- 
 mentary election is required to be provided by the returning oflicor for 
 the pinpo.se of a poll, and shall appoint officers for taking the poll and 
 counting the votes. 
 
 4. The mayor shall furnish every polling station with such number of 
 compartments in which the voters can mark their votes screened from 
 observation and furnish each presiding oflficer with such number of ballot 
 papers, as in the judgment of the mayor may be necessary for effectually 
 taking the poll at the election. 
 
 5. All expenses of the election shall be defrayed in manner by this 
 Act provided. 
 
 6. No return shall be made to the Clerk of the Crown in Chancery]. 
 
 [It has been held that althousjh a (parliamentary or) municipal election will 
 bo void by the common law of Pai-liament, if it be so conducted that either there 
 be no such election by the constituency at all, or it be not raiUy conducted 
 under the subsisting election law, which is now an election by ballot ; yet if 
 there be no reasonable ground to believe that a majority of the electors may 
 
 (a.) An order of the county coiut having jurisdiction in the borough, or any 
 part thereof, or of any tribunal in which a municipal election is questioned, 
 shall be substituted for an order of the House of Commoiis, or of one of Ht;r 
 Majesty's superior courts; but an ai)peal fmra such county court may be iiaJ 
 in like manner as in other cases in such county court ; 
 
 {h.) The regulations for the inspection of documents and the fees for the 
 supply of copies of documents of wliicli cojiies arc directed to be supplied, sliiill 
 be prescribed by the council of the borough with the consent of one of Iler 
 Majesty's Principal Secretaries of State; and, sul)ject as aforesaid, the town 
 clerk, Ln respect of the custody and destruction of the ballot papers and olliur 
 documents conung into his possession in pursuance of this Act, shall be suliject 
 to the directions of the council of the borough. 
 
 (c.) Nothing in this schedule with respect to the day of the poll shall apply 
 to a municipal election." 
 • Rules .31 to 3S, Part I. of the First Schedule to the Act prescribe these duties. 
 + Section 2 ) 
 
 \ Sections 6, 16 & 17 [ of 35 & 36 Vict. c. 33. 
 § Section 7 j 
 
 li These two rules are as follows: — "16. Each polling station shall be furnished 
 with such number of compartments, in which tlie voters can mark their voles 
 screened from obse-rvation, as the returning oificer thinks necessary, so that at least 
 one compartment be provided for every one hundred and fifty electors entitled to 
 vote at sucli polling station. — 19. The returning oificer sliall give public notice of 
 the situation of polling stations and the description of voters entith d to vote at each 
 station, and of the mode in which electors arc to vote."
 
 TSE MUNICITAL CORPORATIONS ACT, 1SS2. 73 
 
 hare been prevented from voting in favour of the candidate they preferred, Election of 
 and if the election be substantially an election by ballot, the election will not Coa.icillorn. 
 bo void by the common law of Parliament, notwithstanding there may have 
 .been some mistake or misconduct in the use of the machinery in the Ballot 
 Act. (This case, it may be remarked, also decides a number of points of some 
 interest under the Ballot Act, equally applicable to parliamentary and m\inicipal 
 elections, with respect to the marking of papers, voter's signature, &c.) — 
 Woodward v. Sarsons (44 L.J.R., N.S., C.P., 293. See also note to sect. 35. at 
 pnge 51]. 
 
 (2.) Every person entitled to vote may vote for any number 
 of candidates not exceeding the number of vacancies. 
 
 (3.) The poll shall commence at nine [now eifjht] o'clock in the 
 forenoon and close at four [now eighty o'clock in the afternoon of 
 the same day* 
 
 (4.) But if one hour elapses during which no vote is tendered, 
 and the returning officer has not received notice that any person 
 lias within that hour been prevented fmm coming to the poll 
 by any riot, violence, or other unlawful means, the returning 
 officer may, if he thinks fit, close the poll at any time before 
 four o'clock. 
 
 (5.) Where an equality of votes is found to exist between any 
 
 candidates, and the addition of a vote would entitle any of those 
 
 candidates to be declared elected, the returning officer, whether 
 
 entitled or not to vote in the first instance, may give such 
 
 additional vote by word of mouth or in writing. 
 
 [Amendments have been made in the drafting of this subsection to meet 
 omitted cases, and give effect to the obvious intention of the Legislature]. 
 
 (6.) IS'othing in the Ballot Act, 1872, as applied by this Act, 
 shall be deemed to authorize the appointment of any agents of 
 a candidate at a municipal election ; but if, in the case of a 
 municipal election, an agent of a candidate is appointed, and 
 notice in writing of the appointment is given to the returning 
 officer, one clear day before the polling day, then the provisions of 
 the Ballot Act, 1872, with respect to agents of candidates, t shall, 
 as far as regards that agent, appl}'' in the case of that election. 
 
 [The effect of sections 32 and 35 of the Act of 1835, section 18 of 7 W ill. 4 
 and 1 Vict. c. 78 (1837), and section 20 (particularly) of 35 & 36 Vict. 
 0. 33 (which Act is referred to generally;, is preserved in this clause]. 
 
 59. — (1.) At an election of councillors, the presiding officer Questions 
 shall, if require! by two burgesses, or by a candidate or his put to voters. 
 
 * By the Elections (Hours of Poll) Act, 1884—47 & 48 Vict. c. 34— the poll was required 
 to commence at eiCTht o'clock in the forenoon and continue until eight o'clock in the 
 afternoon. This Act was repealed, but its principles re-enacted by 48 Vict. c. 10, Elec- 
 tions (Hours of Poll) Act, 1885. See Appendix. Public notice of the i-esult is to be 
 given by the returning otficer as soon as possible. — R%ile 44, Part I., First Schedule of 
 Ballot Act, 1872. 
 
 ■f See particularly hereon Eules 51 to 55 of Part I. of the Fu"st Schedule of the 
 Ballot Act, 1872.
 
 74 
 
 THE ESGLISn MUXICIPAL CODE. 
 
 E'fction of 
 Councillors. 
 
 Election of 
 Aldermen. 
 
 Time and mode 
 of election of 
 aldermen. 
 
 agent, put to any person offering to vote, at tlie time of 
 presenting liimself to vote, but not afterwards, tlie following 
 questions, or either of them : — 
 
 [a.) Are you the person enrolled in the burgess [or wurd] 
 roll now in force for this borough [or ward] as follows 
 [read the ichole entry from the roll] ? 
 {b.) Uave you already voted at the present election [add, in 
 case of an election for several wards, in this or any other 
 ward] ? 
 (2.) The vote of a person required to answer either of these 
 questions shall not be received until he has answered it. 
 
 (3.) If any person wilfully makes a false answer thereto he 
 shall be guilty of a misdemeanour. 
 
 (4.) Save as by this Act authorized, no inquiry shall be per- 
 mitted at an election as to the right of any person to vote. 
 
 [The efiFect of section 34 of the Act of 1835 is preserved in this clause. It 
 is perhaps worth whilo observing that the stiict prohibition against putting 
 any hut the three questions given above prevents any inquiry into a voter's 
 change or loss of qualification. Once on the burgess roll a person is entitled 
 to vote during the year in which that roll is in force, whether he does or does 
 not possess the same or any qualification. "Where the majority of electors 
 vote for a disqualified person in ignorance of the fact of disqualification, the 
 election may be void or voidable, or, in the latter case, may be capable of 
 being made good, according to the nature of the disqualification. The objec- 
 tion may require ulterior proceedings to be taken before some competent tribu- 
 nal in order to be made available, or it may be such as to place the elected 
 candidate on the same footing as if he had never existed, and the votes for 
 him were a nullity ; but in no such case are the electors who vote for him 
 deprived of their votes, if the fact becomes known and is declared whUe the 
 election is still incomplete; they may then instantly proceed to vote for another 
 candidate. If it be disclosed afterwards, the party ehcted may be ousted and 
 the ehction declared void, but the candidate in the miuoritv will not be deemed 
 ipso facto elected. But when an eleator before voting receives due notice that 
 a particular candidate is disqualified, and yet will do nothing but tender his 
 vote for him, he must be taken as voluntarilj' abstaining from exercising his 
 franchise, and as violating his duty of assisting at the election "*]. 
 
 Election of Aldermen, 
 
 60. — (1.) The ordinary day of election of aldermen shall be 
 the 9th of November, and the election shall be held at the 
 quarterly meeting of tlie council. 
 
 (2.) The election shall be held immediately after the election of 
 the mayor, or, if there is a sheriff, the appointment of the sheriff. 
 
 (3.)An outgoing alderman,although mayor eleet,sliall not vote. 
 
 [An alderman (in 1887) was elected mayor. Having m^'o the usual duelam- 
 tion he then voted in the election of aldermen. Held ih^t his vote wsis 
 invalid, inasmuch as when ho voted he had not ceased to be an " outgoing 
 alderman." Jloumell v. StitiUl (Bridport Election), 19 Q.B.D. 498]. 
 
 (4.) Every person entitled to vote ma}* vote for any number of 
 persons not exceeding the number of vacancies, by signing and 
 personally delivering at the meeting to the chairman a voting 
 
 See " Grant on Corporations," page 399.
 
 THE MUNICIPAL COEFORATIONS ACT, 1SS2. 75> 
 
 paper containing the surname-* and other names and places oi Election of 
 
 abode and descriptions of the persons for whom he votes* ^"" "' 
 
 [In a case decided in Feb., 1861, the initial "W " instead of " "William," was 
 held to be a misnomer cured by s. 142 of 5 & 6 Will. 4, c. 76. It was decided as 
 not necessary that the Christian name should be written at full length ; but 
 if such a contraction as is ordinarily used for the Christian name be written, 
 and intended to designate such, it would be sufficient. — Reg. v. Bradley (30 L. J., 
 i^. B., 180.) In a nomination paper at an election for town councillors of 
 a borough under the Municipal Elections Act, 187-t, the name of a candidate 
 which was Robert Vicars Mather was inserted thus — "Robert V. Mather": 
 Held, not such a statement of ' ' the surname and other names of the persons 
 nominated " as to satisfy the requirements of section 1 of the Act, and the form 
 given in the Second Schedule, and that the inaccuracy was not cured by section 
 142 of 6 cfe 7 Will. 4, c. 76. The Municipal Elections Act, 1875, incorporated 
 the former Act in these words, " This Act shall so far as is consistent with the tenor 
 thereof, be construed as one with the Act 5 & 6 Will. 4, c. 76, and the Acts 
 amending the same." It does not say that the ynovision in a. 142 of the 
 former Act shall be extended to the latter Act, but merely that it shall be 
 construed as one with it. These terms were held not to extend the operation of 
 the amending section in the earlier Act to a document which had no existence 
 then and therefore could not have been in con; emplation of the Legislature. 
 Regina v. Bradley and Regina v. Plenty (L. li., Q. B., 4. 347; (1869), cited 
 and oven-uled by Mather v. Brown (1 C. P. D., 596) (1876)]. 
 
 (5.) The chairman, as soon as all the voting papers have been 
 delivered to him, shall openly produce and read them, or cause 
 them to be read, and then deliver them to the town clerk to 
 be kept for twelve months. 
 
 (6.) In case of equality of votes the chaiiman, although aa 
 an outgoing alderman or otherwise not entitled to vote in the 
 first instance, shall have the casting vote. 
 
 (7.) The persons, not exceeding the number of vacancies, 
 who have the greatest number of votes, shall be declared by the 
 chairman to be, and thereupon shall be, elected. 
 
 [The effect of section 25 of the Act of 1835, section 14 of 7 Will. 4 and I 
 Vict. c. 78 (1837) and section 13 of 16 & 17 Vict. c. 79 (1853), is preserved in 
 this clause]. 
 
 Election of Mayor. Election of 
 
 61. — (1.) Tl.e ordinary day of election of mayorf shall be ^j^^ j,^^ jj,^,^,^ 
 the ninth of November. ^'ayon'"'' °'" 
 
 * At an election of aldermen under this spction in 1883 a voting paper was made 
 out in the name of one person and signed by another. The ElectioB Court decided 
 that the ainliicnity did not invalidate the vote, and that evidence could be received of 
 how the mistake arose. The decision was upheld on appeal to the Q.B. Division. 
 See Su77imrrs v. Moorhotise, 13 Q.B.D. 388. See also Ri;/. v. Ma>/or of Wilton, 
 34 W.K. 273, which case arose, in 1886, out of procedure under this section. 
 
 ■f The very generally used designation of " Ex-mayor," is almost universally 
 supposed to be confined to the immediate past mayor, but it would be difficult to logi- 
 cally dispute the claim of any person, who has held the otfice of mayor, to the title, as 
 the following quotation from Littre will show: — Ex.: Particule qui se joint par le 
 trait d'union a certains mots pour exprimer I'e'tat ou la position autiirieure d'une 
 personne ; un ex-ministre, un ex-depute. Etym. : Lat. : ex ; Grec. : €^, hors. The 
 fact that the term " ex-mayor " is nowhere used in this Act would also seem to bear 
 out the foregoing conclusion.
 
 76 THE ENGLISH MCXIi'IPAL CODE. 
 
 Election of (*2.) Tlifl election of niajor shall be the first business trans- 
 
 ' "^'"' acted at the quarterly meeting of the council on the day of 
 
 election. 
 
 [Tho mayor, and shorifT (if one), nnd the aldermen should be elected before 
 the minutes of tho preceding quarterly meeting are read.] 
 
 (3.) An outgoing alderman may vote although the person for 
 whom he votes is an alderman. 
 
 (4.) In case of equality of votes, the chairman, although not 
 entitled to vote in the first instance, shall have the casting 
 vote. 
 
 [The effect of sections 49 and 69 of tho Act of 1835 is preserved in this 
 clause. Subsection 4 prevents any chairman ensuring his own election as 
 mayor by producing an equality of voles by voting in the first instance and 
 then giving a casting vote. His vote can only be given -when the council 
 (xcliisive of himself, are equally divided. It is almost needless to observe that 
 the rule of " eovernment (or decision) by majority'' of necessity prevails in 
 this case : This definition of the subsection has afforded ground for diversity 
 of opinion, and would bo advantageously determined by special bgislative 
 
 or judicial interpretation. At the election of mayor for the borough of 
 
 in Cornwall in the year 1883, tlic^ chairman sccuied his election to the office of 
 mayor by voting originally aiid then giving a casting vote in his own lav<jur. 
 This proceeding created grave disputt^s and much subsequent im];ediment to 
 tho proper conduct of the business of the borough. . l;eterenct;s to a large 
 number of town clerks throughout the kingdom resulted in nearly an equal 
 number of opinions in favour of and against the above action, some holding 
 that the words "not entitled" gave room for doubts as to absolute pro- 
 hib.tion.*] 
 
 Election of Election of Auditors [and Assessors^']. 
 
 Auditors and 
 
 Assessors. g2. — (1.) The Ordinary day of eltction of elective auditors 
 
 Time anrl mode **• V / c , r i i i i 
 
 of eiectic n f.f i;hall be tlio first of March, Or such other day as the council, 
 
 auditors and . n ^ -r i t-^ -r -i n • 
 
 assessors. with the approval of the Local Government Board, from time 
 to time appoint. 
 
 (2.) IVie ordinary day of election of revisimj asseS'Sorsf sliall he 
 the first of March 
 
 (3.) If the election of elective auditors and that of revising 
 assessorsf are held at the same time, then at the poll one voting 
 paper only shall be used by any person voting. The names of 
 the candidates for the respective offices shall bo therein 
 separate, and distinguished so as to show the otfice for which 
 each is a candidate, and the provisions of the Ballot Act, 1872, 
 shall be varied accordingly ; but in the counting of the votes 
 every voting paper shall be deemed to be a separate voting 
 paper in respect of each office, and any objections thereto shall 
 be considered and dealt with accordingly. 
 
 * The difference between the phraseolopj* of this Act and the Act of 1835 on this 
 particular peint is evidently intentioual, and the eflect intended to be different from 
 the Act of 1835, otherwise the language of the Act of 1>S35 need not have beeu altered. 
 
 t Practically abolished by the County Electors Act, 1888. Sec Appendix.
 
 THE MUNICIPAL CORPORATIOXS ACT, 1SS3. 77 
 
 (4.) An elector shall not vote for more than one person to be Election of 
 elective auditor or revmng assessor* -layor. 
 
 (5.) Elections of elective auditors and of revising assessors* 
 shall be held at the town hall or some one other convenient 
 place appointed by the mayor. 
 
 (6.) Save as in this section provided, all the provisions of 
 this Act with respect to the nomination and election of councillors 
 for a borough not having wards shall appl}' to the nomination 
 and election of elective auditors and revising assessors.* 
 
 [The effect of section 37 of the Act of 183o, spction 4 of 7 Will. 4 and 1 Vict. 
 c. 78 (1837"), section 6 of 38 & 39 Vict. c. 40 (1875), and section 1 of 40 & 41 
 Viot. c. 66 (1877), is preserved in this clause]. 
 
 Sxpplemenfal and Exceptional Provisions. Supplemental 
 
 63. — For all purposes connected Avith and having reference Honai^Pm- 
 to the right to votef at municipal elections words in this Act '"'■^'■'^"'^• 
 
 .• ^1 ,. 1-11 . Riprbt of women 
 
 importmg the masculme gender include women.f to vote. 
 
 [The effect of section 9 of 32 & 33 Vict. c. 55 is preserved in this clause. 
 The 32 & 33 Vict. c. 55, s. 9, which enacts that, in the Municipal Corporations 
 Act, words importing the masculine gender shall include females for all pur- 
 poses connected with the right to vote at the election of councillors, auditors, 
 and assessors, has reference only to the disability of women by reason of sex, 
 and has no reference to the disability by re .son of the status of coverture. 
 And the Married Women's Property Act (33 & 31 Vict. c. 93) has no reference 
 to the political disabilities of married women : — Held therefore (on a rule for a 
 quo warranto against a town councillor who had been elected by a majority 
 of one), that a married woman, though qualified by occupation and payment 
 of rates, and put on the burgess list, cannot vote at the election of town 
 councillors. Scmble, that a woman, who is rightly on the burgess lis*", but 
 married before the election, is also disqualified from voting. — lieg. v. Uarrald 
 (L. R., C. P., V. 7, p. 301)]. 
 
 64. — The council mav divide the borough or any ward into Polling 
 
 *•■ a J districts 
 
 polling districts, and thereupon the overseers shall, as far as 
 practicable, make out the parish burgess lists so as to divide 
 the names in conformity with the polling districts. 
 
 [The effect of section 10 of 38 k. 39 Vict. c. 40 is preserved in this clause]. 
 
 65, — Any notice required to be sriven in connection wit h Notices as to 
 
 . . T , . . . . . elections. 
 
 a municipal election may, as to elective auditors and revising 
 assessors, be comprised in one notice, and may, as to ward 
 
 elections, comprise matter necessary for several wards. 
 
 [The effect of section 8 of 38 & 39 Vict. c. 40 is preserved in this clause]. 
 66. — (I). On a casual vacancy J in a corporate office, the Time for filling 
 
 I casual 
 
 * Practically abolished by the Conuty Klectursi Act, 1S8S. See Appendix. vaoaucies. 
 
 + See Fliuthain v. Boxbunjh, 17 Q. H. D. 41. Hav.ng regard thereto women would 
 not appear to be qualified for election to a corporate office. 
 
 I It has been held that an election taken to fill ordinary and extraordinary vacancies 
 both together is wholly bad. In case, therefore, an election to supply an extraordinai-y 
 vacancy takes place on the day of an ordinary eleL-tiou {that is, on the first of Novem- 
 ber), care must be taken iliat in the notice of the election, as well as in all other 
 subsequent proceedings, a distinction is preserved between tlie two classes of candidates 
 and the two descriptions of vacancies, so that it may distinctly appear who is to fill the 
 extraordinary vacancv, and who the ordinary.
 
 78 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Su/tplementtil 
 and Kxrep- 
 tiomil Pro- 
 visions. 
 
 Illneps, Ac, of 
 mayor or 
 returning 
 officer. 
 
 Election of 
 councillor in 
 more than one 
 wartL 
 
 Elections not in 
 churches. 
 
 Omispion to 
 hold oleotion, 
 or election void. 
 
 election shall be held witliin fourteen daj's after notice in 
 writing of the vacancy has been given to the mayor or town 
 clerk by two burgesses. 
 
 (2.) Where the office vacant is that of mayor, the notice of 
 the meeting for the election shall be signed by the town clerk. 
 
 [In this case only the town clerk should fix tlie date of meeting.] 
 
 (3.) In other cases the day of election shall be fixed by the 
 mayor. 
 
 [The efffct of sections 27, 47, and 49 of the Act of 1835, sections 9 and 11 of 
 16 & 17 Vict. 0. 79 (1853), and section 9 of 38 & 39 Vict. c. 40 (1875), is 
 preserved in this clause.] 
 
 67. — (1.) If the mayor is dead, or is absent or otherwise 
 incapable of acting in the execution of his powers and duties 
 as to elections under this Act, the council shall forthwith 
 choose an alderman to execute those powers and duties in the 
 place of the mayor. 
 
 [Ontil the council choose such an alderman, the deputy mayor, if one has 
 been appointed, would under section 16 be justified in representing the mayor.] 
 
 (2.) In case of the illness, absence or incapacity to act of 
 the alderman assigned to be returning officer at a ward elec- 
 tion, the mayor may appoint to act in his stead another 
 alderman, or, if the number of aldermen does not exceed the 
 number of wards, a councillor not being a councillor for that 
 ward, and not being enrolled in the ward roll for that ward. 
 
 [The effect of section 36 of the Act of 1835, section 16 of 7 Will. 4 and 1 
 Vict. c. 78 (1837), and section 10 of 16 & 17 Vict. c. 79 (1853), is preserved in 
 this clause]. 
 
 68, — If a person is elected councillor in more than one ward, 
 
 he shall, witliiu three days after notice thereof, choose, by 
 
 WTiting signed by him and delivered to the town clerk, or in 
 
 his default the mayor shall, within three days after the time 
 
 for choice has expired, declare for which of those wards he 
 
 shall serve, and the choice or declaration shall be conclusive. 
 [The effrct of section 46 of the Act of 1835 is preserved in this clause]. 
 
 69. — A municipal election shall not be held in any chui'ch, 
 chapel, or other place of public worship. 
 
 [The effect of section 33 of the Act of 1835 is preserved in this clause]. 
 
 70. — (1.) If a municipal election is not held on the appointed 
 day or within the appointed time, it may be held on the day 
 next after that day or the expiration of that time. 
 
 (2.) If a municipal election is not held on the appointed day 
 or within the appointed time, or on the day next after that day 
 or the expiration of tliat time, or becomes void, the municipal
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 79 
 
 corporation shall not thereby be dissolved or be disabled from f^vppUmental 
 electing, but the High Court may, on motion, grant a mandamus tiuvai Pro- 
 for the election to be held on a day appointed by the court. 
 
 (3.) Thereupon public notice of the election shall, by such 
 person as the court directs, be fixed on the town hall, and 
 shall be kept so fixed for at least six days before the day ap- 
 pointed for the election ; and in all other respects the election 
 shall be conducted as directed by this Act respecting ordinary 
 
 elections. 
 
 [The effect of sections 2-5 and 26 of 7 Will. 4 and 1 Vict. c. 78 (1837) par- 
 ticularly, and 11 Geo. 1, c. 4 (1723), which is reproduced to the extent of its 
 repeal by this Act, is preserved in this clause.] 
 
 71. — (1.) If a parish burgess list is not made or revised in Burgess roii to 
 
 T ,. 1 T. ; n ji 1 11 • be in opeiation 
 
 due time, the correspondma: part of the burgess roll m opera- umii revision 
 
 1 . • T p • • 1 n 1 ii of "evv burgess 
 
 tion before the time appointed for the revision shall be the roii. 
 
 parish burge-s list until a bui'gess list for the parish has been 
 
 revised and become part of the burgess roll. 
 
 (2.) If a burgess roll is not made in due time, the burgess 
 
 roll in force before the time appointed for the revision shall 
 
 continue in force until the new burgess roll is made. 
 
 [The effect of section 6 of 7 Will. 4 and 1 Vict. c. 78 (1837), and section 6 of 
 20 & 21 Vict. c. 60 (1857), is preserved in this clause]. 
 
 72. — An election shall not be invalidated by non-compliance Non-compii- 
 
 . .,., PI E^nce with rules. 
 
 with the rules in the Third Schedule, or mistake m the use of the 
 
 forms in the Eighth Schedule, if it appears to the court having 
 
 cognisance of the question that the election was conducted in 
 
 accordance with the principles laid down in the body of this Act. 
 
 [The effect of section 13* of 35 & 36 Vict. c. 33 (1872), and section 41 of 
 41 & 42 Vict. c. 26 (1878), is preserved in this clause. Howes v. Turner, L. E. 
 1 C. P. D., 670, provided a ruling where a town clerk failed to notify 
 seven clear days for the delivery of nomination papers.] 
 
 73. — Every municipal election not called in question within Election valid 
 
 ■^ '- _ ^ ... unless ques- 
 
 twelve months after the election, either by election petition or ti'-ned within 
 
 ' "^ ■*■ twelve montljs. 
 
 by information in the nature of a qvo tcananto, shall be deemed 
 to have been to all intents a good and valid election. 
 
 [The effect of section 1 of 6 & 7 Vict. c. 89 (1843) is preserved in this 
 clause. By section 23, 7 Will. 4 and 1 Vict. c. 78, "every application to court 
 for a quo warranto as to a corporate office must be made before the end of twelve 
 calendar months after the election, or the time when the person shall have 
 become disqualified." This statute of limitations may secure quiet possession ; 
 
 * This section (of the Ballot Act) is as follows: — "No election shaU be declared 
 invalid by reason of a non-compliance with the rules contained in the First Schedule to 
 this Act, or any mistake m the use of the forms in the Second Schedule to this Act, if 
 it ai)pears to the tribunal having cognizance of the question that the election was 
 conducted in accordance with the principles laid down in the body <if tbis Act, and that 
 such non-conipliai ce or mistake did not attect the result of the election."
 
 80 
 
 THE EXGLISJl MUyiCWAL CODE. 
 
 Snpplfmeiital 
 aiul Excep- 
 tional I'lO- 
 visions. 
 
 Offenfes in 
 
 relation to 
 
 nomiiiutiou 
 
 pniiors. 
 
 OffenceB in 
 rc'iixtion to lists 
 aud eiectioiiB. 
 
 but "the party may still ran the risk of penalties, if h.-net^ -while disqualified." 
 — I'.lackburn, J. Ex parte liirlibeck (L. \\., Q. li. 9, p. 'l-tl .)] 
 
 74. — (1.) If any person forges or fraudulently defaces or 
 fraudulently destroys any nomination paper, or delivers to the 
 town cleik any forged nomination paper, knowing it to be 
 forged, ho shall be guilty of a misdemeanor, and shall be liable 
 to imprisonment for any term not exceeding six months, with 
 or without hard labour. 
 
 (2.) An attempt to commit any such offence shall be punish- 
 able as the offence is punishable. 
 
 [The effect of section 'i* of 35 and 3G Vict. c. 33 (1872) and section 1 of 38 
 and 39 A'ict. c. 40, is preserved in this clause.] 
 
 75. — (I.) If a ma I/O)' or revising assessor f neglects or refuses 
 
 io revise a parish burgess /isf, or a mayor or alderman neglects 
 
 or refuses to conduct or declare an election, as required by this 
 
 Act, he shall for every such offence be liable to a fine not 
 
 exceeding one hundred pounds, recoverable by action. 
 
 [A notice of objection, under 5 & 6 Will. 4, c. 76, s. 17 and sch. D. 3, to a 
 person on the burj^-ess list of a borough need not specify the parish in which 
 the objector's qualifying property is situate ; nor tlie nature of the property 
 in respect of which the person objected to is rated. The mayor and assessors of 
 a borough, at a court for the revision of the burgess list, lioblen between the 
 1st and 15th of October, the time limited by s. 18, crronrously determined that 
 certain notices of objection here invalid, and refused to imiuire into the qualifi- 
 cations of the persons objected to. — HcM, that the mayor and assessors had 
 declined jurisdiction ; and the court granted a mandamus commanding them 
 to hold a court to revise the Hst, although the time limited had elapsed. 
 Jicf/. V. Mayor of Monmouth (L.R., Q.B. 6, p. 251). A mandamu-; was directed 
 to the mayor and assessors of a borough within 5 & 6 Will. 4, c. 7G, comprising 
 several parishes. It ccnUiined suggestions that at the court holden in October, 
 185(j, before the mayor and assessors for the re^•ision of the burgess lists of that 
 year, the mayor and assessors refused for insullieient reasons to revise the 
 list. Mandatory part commanding the mayor and assessors to hold a court 
 
 * This section (of the Ballot Act) is as follows : — 
 " Every pereon wlio — 
 
 (1.) Forges or fraudulently defaces or fraudulently destroys any nomination paper, 
 or delivers to the returning officer any nomination pajier, knowing the same to be 
 forfjcd ; or 
 (2.) FoFRcs or counterfeits or fraudulently defaces or fraudulently destroys any 
 
 ballot paper or the otlicial mark oti any ballot paper ; or 
 (3.) Without due authority supplies any ballot paper to any person ; or 
 (4.) Fraiululently puts into any ballot box any paper other than the ballot paper 
 
 wliicli he is authorized by hiw to put in ; or 
 (5.) Fiamluk'utly takes out of the polliuf^ station any ballot paper; or 
 (6.) Without duu authority destroys, takes, opens, or otherwise interferes with any 
 ballot box or packet of ballot papers then in use for the puii)oses of the 
 election ; 
 shall be fiuilty of a misdemeanour, and be liable, if he is a returning officer or an officer 
 or clerk in attendance at a polling station, to imprisonment for any term not exceeding 
 two years, with or without hard labour, and if he is any otlier person, to imprisonment 
 for any tenn not exceeding six montlis, with or without hard labour. 
 
 Any attempt to comnut any ofliiice sperificd in this section shall be punishable in the 
 manner in which the ollcnce itself is punishable. 
 
 In any indictment or other prosecution for an offence in relation to the nomination 
 papers, ballot boxes, ballot piipers, and marking instruments at an election, the pro- 
 perty in such papers, boxes, and instruments, may be stated to be in the returning 
 officer at such eh ction, ns wi 11 as the property in the counterfoils." 
 
 t Practically abolished by the County Electors Act, 18SS. See Appendix.
 
 THE MUNICIPAL COSrOEATIOXS ACT, 1882. 81 
 
 and revise the list for the parish. The wi-itwas tested in January, 1857. The Supplemental 
 Court of Queen's Bench having awarded a peremptory mandamus. — Held, on '^l'(i Excep- 
 error, that the mandamus was properly directed to the existing mayor and ^ioaal Pro- 
 ass^ssor to hold the court and revise the list of the past year. — iiuchester '"'-^'-ons. 
 (Mayor, ^-c.J v. Peff. (in error). (El. Bl. and El , 1024)]. 
 
 (2.) If- 
 
 {a.) An overseer neglects or refuses to miJce, sign, or deliver 
 
 a parish burgess list, as required bj this Act ; or 
 ih.) A town clerk neglects or refuses to receive, print and 
 publish, a parish burgess list or list of claimants or 
 respondents, as required by this Act ; or 
 (r.) An overseer or town clerk refuses to allow any such list 
 to be inspected by a person having a right thereto ; 
 he shall for every such neglect or refusal be liable to a fine not 
 exceeding fifty pounds, recoverable by action. 
 
 (3.) An action under this section shall not lie after three 
 months from the neglect or refusal. A moiety of any fine 
 recovered therein shall, after payment of the costs of action, be 
 paid to the plaintiff. 
 
 [The effect of section 48 of the Act of 1835 is preserved in this clause.] 
 
 76. — (1.) If the Ballot Act, 1872,* ceases to be in force, so Revival of 
 
 T n ,^ • K f 1 n 11. former law on 
 
 much of this Act as directs that the poll at a contested election expiration of 
 
 in 1 Ballot Act. 
 
 ot councillors shall be conducted as the poll at a contested par- 
 liamentary election is by the Ballot Act, i;s72, directed to be 
 conducted, and as applies provisions of the Ballot Act, 1872, t 
 to a poll at a contested election of councillors, shall forthwith 
 cease to be in force, and thereupon the enactments in Part IV. 
 
 of the Third Schedule shall revive and be in force. 
 
 [The enactments which are to revive on the expiration of the Ballot Act, 
 are contained in Part IV. of the Third Schedule, as follows : — 
 
 " With respect to a contested election of councillors, elective auditors, or 
 revising assessors, the following rules shall be observed : 
 
 1. The returning officer shall cause the requisite polling booths to be 
 erected, or the requisite rooms to be hired and used as polling booths. 
 
 2. The returning officer shall, at least two days before the day of election, 
 give public notice of the situation, division, and allotment of the difi'erent 
 booths. 
 
 3. Each booth shall be divided into compartments, and the returning 
 officer shall appoint a clerk to take the poll at each compartment. 
 
 4. There shall be affixed on each booth a notice specifying the part of the 
 borough for which it is allotted. 
 
 6. No person shall be admitted to vote at any booth except that allotted 
 for the part in which his qualifying property is situate, unless no booth 
 is allotted for that part, in which case he may vote at any booth. 
 
 • The Ballot Act, 1872, amended as re^tards municipal election by the Municipal 
 Elections Act, 1875, has been, it is hardly necessary to say, continued in force by 
 successive Expiring Laws Continuance Acts. 
 
 f Seepage 71 and 72 ante, for sections and rules referring thereto. 
 
 6
 
 83 THE ESULlsil MLMcirjI. CODE. 
 
 Supplemental 6. If tlicre is more than one booth, the returning oflBcer may appoint a 
 
 iiiid Fxcep- deputy to preside ut eueh Ixjotli. 
 
 iiyiial Pro- 7, A. burjj^ess may vote by delivering to the returniniz: officer or his deputy 
 
 visivriii. g^ volitiii; paper tontaining the surnames and other names of the persons for 
 
 ■whom he votes, with their abodis and descriptions. Tlie voting paper must 
 be signed by the burgess, and must state the qualifying proiK-rty in respect 
 of ■which he votes. 
 
 [The case of Reg. v. Tart (1 El.and El., 618), although decided ■with reference 
 to the election of a councillor under section 32 of the Act of 183o, has a 
 bearing upon this subsection. It was thereon held that in order to satisfy the 
 section the name of the burgess vcting must so ajipoar upon the face of the 
 voting paper as to show clearly ihal the name is intended as a signature, and 
 also tliat the same must be connected with the street, &c., in which the property 
 is situate]. 
 
 8. The returning ofiicer or his d(;puty shall, if so required by two 
 burgesses, jjut to any person offering to vote at the time of liis delivering 
 in his voting paper, but not aftei wards, the following question : 
 
 'Are you the jiersmi whose name is signed as [A.li.] to the voting paper 
 now delivered in by you r ' 
 The vote of a jjerson required to answer this question shall not be 
 received until he has answered it. If any person wilfully makes a false 
 answer thereto he shall bo guilty of a misdemeanour. 
 
 9. The returning olKcershail, at the close of the poll, examine the voting 
 papers, and shall i)ublis'i a list of the persons elected not later than two 
 o'clock ill the afternoon ot the day next but one after the day of election. 
 
 [No publication can be made after two o'clock under any circumstances. It 
 would, if actually made, be a mere nullity.] 
 
 10. The town clerk shall, for a period of six months from the day of 
 election, keep at his offii e the voting papers used at the election, and shall 
 permit any burgess to inspect the same on payment of one shilling for each 
 search"]. 
 
 (2.) But this cesser and revivor shall not affect any act done, 
 right acquired, or liability or fine incurred, or the institution or 
 prosecution to its termination of any proceeding- in respect of 
 any such right, liability, or fine. 
 
 [The effect of section I.t of 38 & 39 Vict. c. 40 is preserved in this clause. 
 The ISallot Act, 187-, by iinjdieation, imposes a duty /"''«'<? y^ciV on the presiding 
 officer at a | oiling ^tatIon during an election to deliver to the voters voting 
 papers bearing thc^ ollieial maik ajjpointed under the Act for the election, and 
 to be present during such election at the polling station, so that the voters 
 before depositing their voting papers in the ballot-box, can show to him the 
 official niaik on the back of such papers in a'cor<lan<e with the statute. For 
 breach of these duties, being merely ministerial, an action will lie by a party 
 aggrieved, cf/. who has tliereby lost the election through votes given to him 
 being void for want of the ollieial mark, without malice or want of reasonable 
 care on the part of the defendant. 
 
 If a clerk be appointed by the returning officer to assist at the polling 
 station, the presiding officer may by the Act, depute to such clerk so much 
 of his duties as he thinks fit, with certain specified exceptions. For the acts 
 of commission or omii-sii.n of the clerk in the performance of the duties so 
 delegated, the pre.-idiug officer will not he responsible, inasmuch as he does 
 not appoint the clerk, and the relation of master and servant does not exist 
 between them. Pe'r Bovill (!..T. ai\d Grove J. The Act does n<it impose 
 on the presiding officer tlie duty of asccrtainimr before the voter deposits a 
 voting paper in the ballot box, whether the official mark is on such paper. 
 IW Keating and Brett, JJ. : The statute does impose such duty on the 
 presiding officer, rickcring v. Janivs (L. R., G. P. 8, p. 481))].
 
 THE MUJS'ICIFAL VORFORATIONS ACT, 1SS2. 83 
 
 PART IV. 
 
 [The sections and paragraphs Id this Part printed in italics have been re- 
 pealed — but substantially re-enacted— by subsequent legislation. See the 
 references in footnotes and Appendix]. 
 
 Corrupt Practices and Election Petitions. 
 Corrupt Practices. 
 
 77. — In this part — Corrupt 
 
 Practices. 
 
 " Bribery," " treating," "undue influence" and " persona- Definitioua. 
 tion," include respectively anything done before, at, after, or with 
 respect to a municipal election, which, if done before, at, after or 
 with respect to a parliamentary election, would make the person 
 doing the same liable to any penalty, punishment, or disqualifi- 
 cation for bribery, treating, undue influence, or personation, as 
 the case may be, under any Act* for the time being in force 
 with respect to parliamentary elections : 
 
 [By 17 & 18 Vict. c. 102, s. 2, and 22 Vict. c. 35, s. 12, every person shall be 
 deemed guilty of " bribery " who shall . . . olFer, promise, or promise to 
 procure, to endeavour to procure, any money or valuable consideration to or fi)r 
 any voter ... to induce him to vote ... at any parliamentary or 
 municipal election. 
 
 The defendant, soliciting the vote of a voter, said " he should be remunerated 
 fer tiny loss of time." — ^e/^,that this was an offer or promise within the sections. 
 Simpson v. Yeetid (L. R, Q. B. 4, p. 626.)]. 
 
 " Corrupt practice " meam bribery, treating, undue influence^ 
 or personation f : 
 
 [This definition of "corrupt practice' confirmed decision in Hargreaves v. 
 Siwpson (L. E.,4 Q. B. D., p. 403), in which it was held: "By the Corrupt 
 Prautiees (Municipal Elections) Act, 1872, the provisions of 17 & 18 Vitt. c. 
 102, s. 23, by which giving refreshments to voters at parliamentary elections 
 is made illegal under a penalty of forty shillings, aie rendered applicable in 
 the case of municipal elections.] 
 
 " Candidate " means a person elected, or having been nomi- 
 nated, or having declared himself a candidate for election, to a 
 corporate office : 
 
 • These Acts are as follows : — 
 The 17 & 18 Vict. c. 102. 
 The 21 & 22 Vict. c. 87. 
 The 2(i & 27 Vict. c. 29. 
 
 The 35 and 36 Vict. c. 33 (Ballot Act) is confined to sec. 29. — (Councillors, auditors and 
 assessors.) 
 
 t Repealed by 47 & 48 Vict. c. 70 (1884)— iie Municipal Elections (Corrupt and 
 Illegal Practices) Act,. See Appendix, page 271.
 
 84 
 
 THE EXGLISH MUXICWAL CODE 
 
 Corrupt 
 Practices. 
 
 Oeneral 
 jxnaltiet 
 for corrupt 
 practice). 
 
 Ditqnalifi- 
 eaiiou and 
 avoidance of 
 election for 
 corrv ht 
 practices by 
 eandidatei. 
 
 " Canvasser " means any person ivho solicits or persuades, or 
 af tempts to persuade, any person to vote or to abstain from votincj 
 at a municipal election, or to rote or to abstain from voting for a 
 candidate at a municipal election* 
 
 " Voter " means a burgess or a person who votes or claims to 
 vote lit a municipal election : 
 
 " Election court " means a court constituted under this Part 
 for the trial of an election petition : 
 
 *' Municipal election petition" or "election petition " moans 
 a petition under this part complaining of an undue municip:il 
 election : 
 
 " Parliamentary election petition " means a petition under 
 the Parliament ery Elections Act, 18G8 f 
 
 " Prescribed " means prescribed by general rules made under 
 this Part : 
 
 "Borough" and "election" when used with reference to a 
 petition mean the borough and election to which the petition 
 relates. 
 
 [The effect of sections 2, 3 and 13 of 41 & 42 Vict. c. 26 (1878) is preserved 
 in this clause.] 
 
 78. A p)erson guilty of a corrupt ^^f'octice at a municipal 
 eltction shall he liable to the like actions, jjrosecutions, penalties, 
 forfeitures and punishments as if the corrupt practice had been 
 committed at a parliamentary election *: 
 
 [The effect of section 3 of 41 & 42 Vict. c. 26 -was preserved in this clause. 
 
 It has been held that a person convicted of bribery at a municipal election, 
 and fined 40s. in a county court for that offence under the 22 & 23 Vict. c. 3.3, 
 s. 11, is not disriualificd uiider that section from serving a municii)al office. 
 — Wrai/, in re (13 VV. R.. G33.)— y/t-A/, by Cockburn, C.J., disabling clause of 
 17 & 18 Vict c. 102, s. 6, limited to parliamentary elections. This clause 
 assimilated municipal ai.d parliamentary penalties. 
 
 Each separa'e act ot bribery is a separate offence. Where a person has 
 been guilty of several acts of bribery at a municipal election, he is liable to a 
 penalty in respect of each such act of bribery. Kidderminster case. — Jlilner 
 V. lia/'e (L. R., C. P., vol. 10, p. 591).] 
 
 {School Board elections did not come within provisions of this clause. Be 
 West Bromicich School Board {o C. P. D., 101).] 
 
 79 — (1.) Where it isfou)id by the report of an election court 
 that a corrupt practice has been committed by or icith the hnow- 
 ledge and consent of a candidate at a municipal election, that 
 candidate shall be deemed to have been personally guilty of a 
 corrupt practice at the election, and his election, if he has been 
 elected, shall be void : and ho .shftll {u-h^ther elected or not) during'* 
 
 • Repealed bv 47 and 48 Vict. c. 70 (1884). See Appendix. 
 t 31 it 3^ Virt. c. 125.
 
 TJIE MUNCIFAL COUrORATIONS ACT, 1882. 86 
 
 seven years from the date of the report he subject to thejolloicing Corn^pt 
 
 ,.,,',. " Practices, 
 
 disqualifications : 
 
 [The 31 & 32 Vict. c. 125, ss. 43-45 (18G8), 35 & 36 Vict. c. GO, s. 4 (1872), 
 coutaiued provisions similar to those in the foregoing subsection]. 
 
 He shall he incapahle of — 
 
 {a.) Holding or exercising any corporate office or municipal 
 
 franchise, or being enrolled or voting as a burgess : 
 (b.) Acting as a justice or holding any judicial office : 
 (c.) Being elected to or sifting or voting in Parliament : 
 (d.) Being registered or voting as a parliamentary voter : 
 [Disqualification from being registered as a voter, by reason of personal 
 bribery, or bribery by an agent with knowledge and consent of candidate 
 necessitates a finding by the report of the election judge under 31 & 32 Vict. 
 0. 125, s. 11, subsec. 14, that he has been so guilty. Inference from facts stated 
 in judge's report not suificient. — Grant v. Overseers of Pag ham (3 C. P. D. 80,)]. 
 
 (e.) Being employed by a candidate in a parliamentary or 
 
 municipal election : 
 (/.) Acting as overseer or as guardian of the poor : 
 
 [See 33 & 34 Vict. c. 23, s. 2, whereby persons convicted of treason or felony 
 are incapable of exercising any municipal franchise until they have suffered 
 punishment or been pardoned ]. 
 
 (2.) If any person is on indictment or information found guilty 
 of a corrupt practice at a municipal election, or is in any action or 
 proceeding adjudgedi to jxty a jienalty or forfeiture for a corrupt 
 practice at a municipal election, he shall, ichcther he teas a candi- 
 date at the election or not, be subject during seven years from the 
 date of the conviction or judgment to all the disqualifications 
 mentioned in this section. 
 
 (3.) If (fter a person has become disqualified under this Part 
 any witness o-n ichose testimony lie has become disqualifitd is, on 
 his prosecution, convicted of perjury in respect of that testimony^ 
 the High Court may, on motion, and on proof that the dis- 
 qualification teas procured by means of that perjury, order that the 
 
 disqualificatio)i shall cease.* 
 
 [The effect of section 4 of 35 & 36 Vict. c. 60 (1872) was preserved in this 
 clause]. 
 
 80. — If it is found by an election court that a candidate has vhquaiifi- 
 
 . , ci'lions (Did 
 
 hi/ an agent been iiiiilty of a corrupt practice at a municipal amidimce of 
 
 _ . . election for 
 
 election, or tltat any offence against this Part has been committed corrupt pras. 
 at a tnunicinal election hii a candidate, or hii an a(ient for a candi- agents', and 
 
 -' •' T J J . for offences 
 
 date tcitJi tJie candidate's knoivled(ie and consent, the candidate* against thi» 
 
 ^ Fart. 
 
 * Kepealed by 47 & 48 Vict. c. 70 (1884). See Appendix. 
 
 f A mere verdict insufficient. Though there is a distinction in criminal cases between 
 the conviction and attainder, yet there is no such distinction in civil cases between 
 verdict and judgment, so that as any effect can follow from a naked verdict in a civil 
 action no penalty takes place till judgment be given on the verdict. — Sutton v. Bishop 
 (1 Wm. Bl. 666.)
 
 86 THE ENGLISH MUNICIPAL CODE. 
 
 Onmipt shall (hiring the period for which lie teas elected to serve, or for 
 
 lut MS. irhich, if elected, lie might have served, he disqualified for being 
 
 elected to and for holding any corporate office in the borough, and 
 
 if he was elected his election shall he void.* 
 
 [The effect of section 6 of 35 & 36 Vict. c. 60 (1872) was preserved in this 
 
 t'lllUSt']. 
 
 Arnyaneeof 81. — A municipal clection shall he tcholhj avoided by such 
 
 'gemnt'i °^ gencrttl corruption, hrihery, treating or intimidation at the election 
 corrup 10.1. ^^^ icouUl by thc common laiv of Parliament avoid a parliamentary 
 election* 
 
 [The effect of section 6 of 35 & 36 Vict. c. 60 (1872) was preserved in this 
 clause]. 
 
 umi^cwical 82. — (1.) A hurgiss of a borough shall not be retained or 
 
 *"*• employed for payment or reivard by or on behalf of a candidate at 
 
 a municipal election for that borough or any tcard thereof as a 
 
 canvasser for the purposes of the election. 
 
 ['J hese words " or any ward thereof" settled the question whether a hurgess 
 on the register for one ward could he a paid canvasser for a candidate for the 
 office of councillor in another ward. Maude v. Lotvlty (L.li., 9 C.P. 1(35)]. 
 
 (2.) If any person is retained or employed in contravention of 
 this prohibition , that person and also the person by whom he is 
 retained or employed shall be guilty of an offence against this Part, 
 and shall be liable on summary conviction to a fine not exceeding 
 ten jwunds. 
 
 [Both candidate and burgess alike guilty]. 
 
 (3.) An agent or canvasser retained or employed for payment 
 or reward for any of the purposes of a municipal election, shall not 
 vote at the election, and if he votes he shall he guilty of an offence 
 against this Fart, and shall be liable on summary conviction to a 
 
 fine not exceeding ten pounds.* 
 
 [The effect of section 7 of 35 & 3G Vict c. 60 (1872) was preserved in this 
 clause. By the last subsection (3) , If in addition to acting as agent or canvasser, 
 burgess votes for candidate employing him, he was separately liable to additional 
 fine. In parliamentary eleetions electors may be employed as paid canvassers, 
 but if so employed they cannot vote. See also the 30 & 31 Vict. c. 102, s. 11 
 (18G7), and 3") & 36 Vict. c. 33, s. 26 (1872)]. 
 
 fo/^onveyance 83. — If u Candidate ov an agent for a candidate pays or agrees 
 
 0/ voieri. ^^ p^^^^ ^^^^y ^^iQ^^(,,j QYi account of the conveyance of a voter to or 
 
 from the poll, he shall he guilty of an offence against this Part, 
 
 and shall be liable on summary conviction to a fine not exceeding 
 
 five pounds.* 
 
 [The effect of section 8 of 35 & 36 Vict. 00 (1872) was preserved in this 
 clause. The 21 & 22 Vict. c. 87, s. 1 (1858), 30 & 31 Vict. c. 102, s. 36 (1867), 
 and 43 A'ict. c. 18, s. 2 (1879), regulate the conveyance of voters at parlia- 
 mentary elections]. 
 
 * Repealed l.y 17 Si 18 Vict. c. 70 (1884). See Appendix.
 
 TEE MUXICIFAL CORPORATIONS ACT, 1S82. 87 
 
 84.— (1.) The costs and expenses of a prosecutor and Ms ivitnesses Corrupt 
 
 .,., 1 • J] Practices. 
 
 in the prosecution of an// person for bribery, undue influence, or 
 
 ..',,,. •,, /■ J- J. 77 Prosecutions 
 
 personation at a municipal election, icith compensation jor trouble for corrupt 
 
 and loss of time, shall, unless the court othericise directs, he ^'''^ '"*' 
 
 allowed, paid, and borne as in cases of felon;/. 
 
 [Section 113 of the Act of 1835 prescribed the manner in which costs and 
 expenses are to be provided]. 
 
 (2.) The clerk of the peace of the borough, or, if there is none, 
 of the county in which the borough is situate, shall, if so directed 
 by an election court, 2)rosecute any jjerson for bribery, undue 
 influence, or personation at the election in respect of tchich the court 
 acts, or sue or proceed against any person for penalties for bribery, 
 treating, or undue influence, or any offence against this Part at the 
 
 election.^ 
 
 [The effect of section Oof 35 & 36 Yict. c. 60 (1872), was preservedin this 
 clause]. 
 
 85. — The votes of persons in respect of whom any corrupt striking off 
 practice is proved to have been committed at a municipal 
 election shall be struck off on a scrutiny. 
 [The effect of section 10 of 35 & 36 Vict. c. 60 (1872) is preserv^ed in this clause]. 
 
 86. — The enactments for the time being in force for the Personation, 
 detection of personation and for the apprehension of persons 
 charged with personation f at a parliamentary election shall 
 apply in the case of a municipal election. 
 
 [The effect of section 11 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause]. 
 
 Election Petitions. Ejection 
 
 ... . Petitions. 
 
 87. — (1 ) A municipal election may be questioned by an power to 
 election petition on the ground — municipal 
 
 (a.) That the election was as to the borough or ward wholly peution. 
 
 avoided by general bribery, treating, undue influence, 
 
 or personation ; or 
 (b.) That the election was avoided by corrupt practices or 
 
 offences against this part committed at the election; or 
 {c.) That the person whose election is questioned was at the 
 
 time of the election disqualified ; or 
 
 [Disqualification may result from improper nomination, Howes v. Turner 
 (1 C. P. D. 670), and also on the ground that another candidate was wrongly 
 rejected. Pudge y. Andrews (3 C. P. D., 510)]. 
 
 * Repealed by 47 & 48 Vict. c. 70 (1884). See Appendix. 
 
 f See 35 & 36 Vict. e. 33. It has been held under section 9 of 22 Vict. c. 35 that at an 
 election of town councillors the oifence of " personation " is complete when a person 
 not the voter hands in a nomination paper to the polling officer ; and it is immaterial 
 that he does not persist, but answers " no " when questioned whether he is the voter. A 
 conviction under the section that the defendant '" induced J. F. to personate " a voter is 
 good, without setting out the mean< nf inducement. — /ie;f. v. ITar/ue (SSL. J.,M. C. 81).
 
 petitiuo. 
 
 88 TEE ENGLISH MUXICIPAL CODE. 
 
 Flection {cl.) That he was not duly elected by a majority of lawful 
 
 Peiitions. ^Q^gg^ 
 
 (2.) A municipal election shall not be questioned on any of 
 those grounds except by an election petition. 
 
 [The effect of section 12 of 35 & 3G Vict. o. 60 (1872) is preserved in this 
 clause. See Bule 7, Additionril General Itules, January, 1875. See also Reg. 
 V. Maijor of II ehhpool (So L. T. N. S. 594). Where the ground of a petition 
 is that the mayor had improperly allowtd objeL-tions to the nomination papers 
 of certain candidates the petitioner is not obliged to make all those who are 
 elected respondents. The court has power to take a petition off the file where 
 it appears on the face of it no relief can be granted in poi'suauce of xi.Line, ^-c. 
 V. Ifarren, ^c. (14 Q. 15. D. 73,548)]. 
 
 Presentation of 88. — (1.) An elcction petition may be presented either by 
 lour or more persons who voted or had a right to vote at the 
 election or by a person alleging himself to have been a candi- 
 date at the election. 
 
 (2.) Any person whose election is questioned by the petition, 
 and any returning officer of whose conduct a petition complains, 
 
 may be made a respondent to the petition. 
 
 [An unsuccessful candidate who does not claim to he elected cannot he made 
 a respondent against his will. I.overlng v. DmrsfM 1 L R., 10 C.P., 711) 
 The definition of a respondent is omitted in section 7 a>ite: See 35 & 36 
 Vict. c. 60, 8. 13 for definition, which includes a person who claims to be 
 elected, and acts as if he had been. Yates t. Leach (L. K., 9 C. P., 605)]. 
 
 (3.) The petition shall be in the prescribed form* and shall 
 be signed by the petitioner! and shall be presented in the 
 prescribed manner to the High Court in the Queen's Bench 
 Division, and the prescribed officer shall send a copy thereof to 
 the town clerk, who shall forthwith publish it in the borough. 
 
 (4.) It shall be presented within twenty-one days after the 
 day on which the election was held, except that if it complains 
 of the election on the ground of corrupt practices, and specifically 
 alleges that a payment of money or other reward has been made 
 or promised since the election by a person elected at the 
 election, or on his account or with his privity, in pursuance or 
 furtherance of such corrupt practices, it may be presented at 
 any time within twenty-eight days after the date of the alleged 
 payment or promise, whether or not any other petition against 
 that person has been previously presented or tried. 
 
 [The effect of s;clion 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause. An order made by a judge at chambers under the Gth of the General 
 liules made under the Coixupl rractices (Municipal Elections) Act, 1872, for 
 
 * As to the form and il' livery of particulars, refer to Maude v, Lowleii {^o 1) 43 
 L..T. Rep. (N.S.) C.P., lO.S. See also General Rules 2-6, 1872, in Appendix, 
 f See 1, 7-9 R. 4, and General Rules, 1S75.
 
 THE MVXICIPAL CORPORATIONS ACT, 1882. 89 
 
 the delivery of particulars by the petitioners to the respondent, stating by whom, EUrtion 
 when, and where pi rsons alleged to have been bribed and treated had been so PetUicm. 
 bribed and treated, and by whom, when, and where canvassers had been 
 employed and moneys paid for the conveyance of voters to the poll, the order 
 vas allowed by the court, with the addition of the words, "so far as known." 
 A petition against the election of a town councillor cannot, after the expiration 
 of the twenty-one days limited by s. 13. subsection 2 for its presentation, be 
 amended by the introduction of a substantially new charge. The jietition aa 
 originally fi-amed complained of the employment, contrary to the prohibition ia 
 B. 7 as to paid canvassers, at an election for the north ward of the borough, of 
 persons who were on the register of burgesses for that ward. The petitioner 
 after the expiration of the twenty-one days sought to amend the petition by 
 adding " and other wards." JJeld that the court (or a judge) had no power to 
 allow the proposed amendment. Leeds Borough, Maude petitioner, Lowley 
 respondent (L. K., C. P., v. 9, p. 165). 
 
 The High Court will not amend an ele tion petition by striking out, after the 
 lapse o! time limited by the Act for presenting it, that part of the prayer of the 
 petition which cl lims the seat for the petitioner (an unsuccessful candidate) and 
 the allegations applying to a scrutiny which would be depenclent thereon, 
 inasmuch as this would atfect the rights of the cor.stitcency. Pr^ictice of election 
 committees in this respect followed. Semble, it is competent for the High Court 
 to amend an election petition at any time by striking out allegitions therein, 
 where it is satisfied that no injurious result, or a beneficial one, will follow; or 
 by adding matters discovered after the tiling of the petition, Aldridge v. Hurst 
 (L. R., C. P. D., vol. 1., p. 410). 
 
 See Pickering v. Startin (28 L. T., N. S., Ill) petition in a municipal election 
 allowed to be amended after twenty-one days by adding two paragraphs 
 alleging : — 1st. That the-returning officer had neglected to insert ia the counter- 
 foils of 29 of the voting papers the number of the voters appearing on the 
 burgess roll as directed by 35 & 36 Vict. c. 33, s. 2; and, 2nd, that certain 
 " tendered" ballot papers were used as ballot papers and put into the ballot 
 box, and afterwards used in favour of the respondent]. 
 
 89.— (1.) At the time of presenting an election petition or security for 
 within three days afterwards, the petitioner shall give security 
 for all costs, charges, and expenses which may become payable 
 by him to any witness summoned on his behalf, or to any 
 respondent. 
 
 (2,) The security shall be to such amount, not exceeding five 
 hundred pounds, as the High Court, or a Judge thereof, on 
 summons, directs, and shall be given in the prescribed manner, 
 either by a deposit of money* or by recognisancef entered 
 into by not more than four sureties, or partly in one way and 
 partly in the other. 
 
 [In a parliamentary election, one surety for the whole amount was held 
 to be sufficient. — Hereford Election Petition, T.S. 1880]. 
 
 (3.) "Within five days after the presentation of the petition 
 the petitioner shall in the prescribed mannerj serve on the 
 respondent a notice of the presentation of the petition, and of 
 the nature of the proposed security, and a copy of the petition. 
 
 » See General Rules, 16, 17. \ See General Rules, 18-20. 
 
 \ See General Rules, 12, 13.
 
 90 TUB JiyULmU MUyiClfAL CODE. 
 
 EhrtioA U^ '^ ^ '^^^ litinn precedent to the triiil of a miinii'ipal eloclion petition, that 
 
 Petitintx. within Kvo divs after the prescntatioTi of it, the pirtitionor sliouM. in the pre- 
 
 8cril)C!l niimner, serve on the respondent a notiro of the pru3entiitioa and of the 
 nature of the proposed security, and a copy of the jjBtition as required bv 3-5 & 
 3G Vict. c.f;0,s. Vi. HMh-a. A. — IFUliamsv. Mai/or of Tenbif (L.R., C.P.D./vol. 5, 
 p. 135). If not served, the petition will he taken off the file]. 
 
 (4 ) "Within five days * after service of the notice the 
 respondent maj' object in writiiif^ to any recognisance on the 
 ;>round that any surety is insufficient or is dead, or cannot be 
 found or ascertained for want of a sufficient description in the 
 recognisance, or that a person named in the recognisance has 
 not duly acknowledged the same.f 
 
 [After the service of this notice, an affidavit of the time and manner of service 
 must be filed with the Master]. 
 
 (5.) An objection to a recognisance shall be decided in the 
 prescribed manner, t 
 
 (6.) If the objection is allowed, the petitioner may, within a 
 further prescribed time not exceeding five days, remove it by a 
 deposit in the prescribed manner of such sum of money as will, 
 in the opinion of the court or officer having cognisance of the 
 matter, make the security sufficient. 
 
 (7.) If no security is given, as prescribed, or any objection is 
 allowed and is not removed, as aforesaid, no further proceedings 
 ^hall be had on the petition. § 
 
 [The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 retjtionat QQ^ — Qjj^ ^j^e expiration of the time limited for making 
 
 objections, or, after objection made, on the objection being 
 
 disallowed or removed, whichever last happens, the petition 
 
 shall be at issue. 
 
 [The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause. As to amendment of ubjcctions, &c., see Maude v. Loivley (No. 2)]. 
 
 eJe'ctiorTiist ^I. — ( 1) The prescribed olficer shall as soon as may be, make 
 
 a list, in this Act referred to as the municipal election list, of 
 all election petitions at issuo, placing them in the order in 
 which they were presented, and shall keep at his office a copy 
 of this list, open to inspection in the prescribed manner. || 
 
 (2.) The petitions shall, as far as convenientlj'' may be, be 
 uied in the order in which they stand in the list. 
 
 • See Geiiei-iil Rules, 21, 22. 
 t See General Rules, 2. 
 
 ♦ See General Rules, 23, 2-L 
 
 § See General Rules, 26. 
 II See General Rules, 30.
 
 THE MUNICIPAL COBFOEATIONS ACT, 1882. 91 
 
 (3.) Two or more candidates may be made respondents to Election 
 
 the same petition, and their cases may be tried at the same time, ^*'*'''^''**- 
 
 but for the purposes of this Part the petition shall be deemed 
 
 to be a separate petition against each respondent. 
 
 [That is when they have been elected — Levering y. Dawson (I L.R., 10 
 C.P., 711) ; or when they claim to have been elected. — Tates v. Leach (L.R., 
 9 C.P., 605)]. 
 
 (4.) "Where more petitions than one are presented relating 
 to the same election, or to elections held at the same time for 
 different wards of the same borough, they shall be bracketed 
 together in the list as one petition, but shall, unless the High 
 Court otherwise directs, stand in the list in the place where the 
 last of them would have stood if it had been the only petition 
 relating to that election. 
 
 [The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 92. — (1.) An election petition shall be tried by an election constitution 
 court consisting of a banister qualified and appointed as in this court. 
 section provided, without a jury. 
 
 (2.) A barrister shall not be qualified to constitute an election 
 court if he is of less than fifteen years' standing, or is a member 
 of the Commons House of Parliament, or holds any office or place 
 of profit xmder the Crown, other than that of recorder. 
 
 (3.) A barrister shall not be qualified to constitute an election 
 court for trial of an election petition relating to any borough for 
 which he is recorder, or in which he resides, or which is included 
 in a circuit of Her Majesty's judges on which he practises as a 
 barrister. 
 
 (4.) As soon as may be after a municipal election list is made 
 out the prescribed officer shall send a copy thereof to each of the 
 judges for the time being on the rota for the trial of parliamen- 
 tary election petitions ; and those judges or two of them shall forth- 
 with determine the number of barristers, not exceeding five at any one 
 time, necessary to be appointed for the trial of the election joetitions at 
 issue, and shall appoint that number accordingly as commissioners 
 under this Part, and shall assign the petitions to be tried hy each* 
 
 (5.) If a commissioner to whom the trial of a petition is as- 
 signed, dies, or declines or becomes incapable to act, the said judges 
 or two of them may assign the trial to be conducted or continued 
 by any other of the commissioners appointed under this section. 
 
 • The portion in italics was repealed by 47 & 48 Vict. c. 70 (1884). See Appendix.
 
 92 
 
 THE ENGLISn MUNICIPAL CULE. 
 
 Election 
 
 I'<ltilio>l8. 
 
 Trial of 
 
 election 
 potitiou. 
 
 (6.) The election court shall for tlie purposes of the trial have 
 the same powers and privileges as a judge on the trial of a parlia- 
 mentary election petition, except that any fine or order of com- 
 Tuittal by the court may on motion by the person aggrieved be 
 discharged or varied by the High Court, or in vacation by a 
 judge* thereof, on such terms, if any, as the High Court or 
 judge thinks fit. 
 
 [The eflfcct of section 14 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause] . 
 
 93. — (1.) An election petition shall be tried in open court, 
 and notice of the time and place of trial shall be given in the 
 ])reseribcd manner not less than seven days before the day of 
 trial. 
 
 (2.) The place of trial shall be within the borough, except 
 that the High Court may, on being satisfied that special 
 circumstances exist rendering it desirable that the petition 
 should be tried elsewhere, appoint some other convenient place 
 ibr the trial. 
 
 (3.) The election court may in its discretion adjourn the trial 
 from time to time, and from any one place to any other place 
 within the borough or place where it is held.f 
 
 (4.) At the conclusion of the tiial the election court shall 
 determine whether the person whose election is complained of, 
 or any and what other person, was duly elected, or whether 
 the election was void, and shall forthwith certify in writing the 
 determination to the High Court, and the determination so 
 certified shall be final to all intents as to the matters at issue 
 on the petition. 
 
 [The fact of the court being empowered to make their report does not warrant 
 " that, without any act or consent on his part, and against his will, a man can 
 be made a r. spondent, so that the petitioner may gain rights against him. 
 The term respondent includes any one or more persons against whose election a 
 petition is pi'esented," ji^tr Coleridge, C.J [Loveri-nij v. Dawson, L.ll., C.P., 10 
 p. 71S)]. 
 
 (5.) Where a charge is made in a petition of any corrupt 
 practice or oifence against this Part having been committed at 
 the election the court shall, in addition to the certificate, and at 
 the same time, report in writing to the High Court as follows : 
 
 {a.) Wiiether any corrupt practice or oifence against this Part 
 has or has not been proved to have been committed by or 
 
 • As to powers of election judge, see 31 & 32 Vict. c. 115, s. 29. 
 I See General Rules, 35, 36.
 
 THE MUNICirAL CORPORATIOXS ACT, 18S2. 93 
 
 with the knowledge and consent of any candidate at the Election 
 election, and the nature of the corrupt practice or offence ; *'^*'^*''"*- 
 (h) The names of all persons (if any) proved at the trial to 
 have been guilty of any corrupt practice or offence 
 against this Part ; 
 (c.) Whether any corrupt practices have, or whether there is 
 reason to believe that any corrupt practices have, exten- 
 sively prevailed at the election in the borough or in any 
 ward thereof. 
 (6.) The election coui't may at the same time make a special 
 report to the High Court as to any matters arising in the 
 course of the trial, an account of which ought, in the judgment 
 of the election court, to be submitted to the High Court. 
 
 (7.) If, on the application of any party to a petition made 
 in the prescribed manner to the High Court, it appears to the 
 High Court that the case raised by the petition can be 
 conveniently stated as a special case, the High Court may 
 direct the same to be stated accordingly, and any such special 
 case shall be heard before the High Court, and the decision of 
 
 the High Court shall be final.* 
 
 [An appeal lies to decide whether a person has been properlj' made a 
 respondtiut, Hannan v. Fark [\i L.T. (n.s.) 82)J. 
 
 (8.) If it appears to the election court on the trial of a peti- 
 tion that any question of law as to the admissibility of evidence, 
 or otherwise, requires further consideration by the High Court, 
 the election court may postpone the granting of a certificate 
 until the question has been determined by the High Court, and 
 for this purpose may reserve any such question, as questions 
 may be reserved by a judge on a trial at nisi prius. 
 
 (9.) On the trial of a petition, unless the electiou court other- 
 wise directs, any charge of a corrupt practice or offence against 
 this Part may be gone into, and evidence in i elation thereto 
 received before any proof has been given of agency on behalf 
 of any candidate in respect of the corrupt practice or offence. 
 
 (10.) On the trial of a petition complaining of an undue 
 election and claiming the oiBce for some person, the respondent 
 may give evidence to prove that that person was not duly 
 elected, in the same manner as if he had presented a petition 
 against the election of that person. t 
 
 • See GcDeral Rules, 37. I f See General Eulea, 8.
 
 94 
 
 THE EXGLISn MUNICIPAL CODE. 
 
 KUi-tion 
 Felitioiis 
 
 (11.) The trial of a petition shall be proceeded with notwith- 
 standing that the respondent has ceased to hold the ofi&ce his 
 election to wliich is questioned by the petition. 
 
 (12.) A copy of any certificate or report made to the High 
 Court on the trial of a petition, and, in the case of a decision 
 by the High Court on a special case, a statement of the 
 decision, shall be sent by the High Court to the Secretary of 
 State. 
 
 fl3.) A copy of any such certificate and a statement of any 
 such decision shall also be certified by the High Court, under 
 the hands of two or more judges thereof, to the town clerk of 
 the borough. 
 
 [Theefifecfc of section 15 of 35 & 36 Vict. c. 60 (1872) ia preserved in this 
 clause]. 
 
 Witnesses. 94. — (1.) Witnesses at the trial of an election petition shall 
 
 be summoned and sworn in the same manner, as nearly as 
 circumstances admit, as witnesses at a trial at nisi prius, and 
 shall be liable to the same penalties for perjury. 
 
 [Continues provisions of 26 & 27 Vict. c. 29, sec. 7 (1863) relating to exam- 
 ination and indemnity of witnesses]. 
 
 (2.) On the trial the eleciion court may, by order in writing, 
 require any person who appears to the court to have been 
 concerned in the election to attend as a witness, and any person 
 refusing to obey the order shall be guilty of contempt of 
 court.* 
 
 {'A.) The court may examine any person so required to 
 attend or being in court although he is not called and 
 examined by any party to the petition. 
 
 (4.) A witness may, after his examination by the court, be 
 cross-examined by or on behalf of the petitioner and respondent 
 or either of them. 
 
 (5.) A uitncss on an election petition shall not he excused 
 from answering any question relatiny to a corrupt jjractice or 
 offence against this Part comniitied at or connected icith the 
 election on the ground that the ansiver thereto may criminate 
 or tend to criminate him; hut if he answers it he shall he 
 entitled to receive from the court n certificate stating that he 
 was on his examination required hy the court to ansu-irf 
 
 • Sec General Rules, 41. 
 
 t Repealed by 47 & 48 Vict. c. 70 (1884). See Appendix.
 
 TEE MUXICIPAL CORPORATIOXS ACT, 18S2. 95 
 
 questions the answers wliereto criminated or tended to criminate him, Ejection. 
 and that he ansivered all such questions. 
 
 (6.) If any information, indictment or action is at any time 
 thereafter pending against the witness in any court for any corrupt 
 practice or offence against this Part committed at or in relation to the 
 election before the time of his giving his evidence, that court shall, on 
 production and proof of the certificate, stay the proceedings, and may, 
 in its discretion, award to him such costs as he has been put to therein. 
 
 (7.) The giving of or refusal to give any such certificate by the 
 election court shall be final and conclusive. 
 
 [In Scg. V. Price (L. E,., 6 Q.B., 411), it was held that if a witness had in 
 point of fact answered all such questions, he was entitled to a certificate ; and 
 that if commissioners refused to grant a certificate to the witness on the 
 ground that they were of opinion that he had not answered the questions, 
 their decision was to be final and conclusive, but might be reviewed by man- 
 damus. This case dissented from in Meg . v. Hall and others, in Court of Apjieal 
 (7 Q. B. D., p. o7o) : Held, where the commissioners appointed to inquire 
 into corrupt practices at a parliamentary election have, with reference to a 
 witness before them on such inquiry, exercised their judgment as to the right 
 of such witnesses to receive their certificate under section 7 of the Corrupt 
 Practices Prevention Act (26 k 27 Vic. c. 29), their decision refusing such 
 certificate is conclusive and cannot be reviewed by mandamus]. 
 
 (8.) A statement made by any person in answer to a question 
 put to him by or before an election court shall not, except in cases 
 of indictment for perjury, be admissible in evidence in any 
 proceeding, civil or criminal* 
 
 (9.) The reasonable expenses incurred by any person in 
 appearing to give evidence at the trial of an election petition, 
 according to the scale allowed to witnesses on the trial of civil 
 actions at the assizes, may be allowed to him by a certificate of 
 the election court or of the prescribed officer, and if the witness 
 was called and examined by the court, shall be deemed part of 
 the expenses of providing a court, but otherwise shall be deemed 
 costs of the petition.! 
 
 [The effect of section 7 J of 26 & 27 Vict. c. 29 (1863), and section 16 of 
 3o & 36 Vict. c. 60 (1872), is preserved in this clause]. 
 
 * Repealed by 47 & 48 Vict. e. 70 (1884). See Appendix. 
 
 t See Rule 5, Additional General Rules, Jan. 1875. 
 
 I This section is as follows: — "No person who is called as a witness before any 
 election committee or any commissioners appointed in pursuance of the Act of the 
 session holden in the tiitocnth and sixteenth years of the reign of her present Majestv, 
 chapter fifty-seven, sliall be excused from answering any question relating to any 
 corrupt practice at, or connected with any election forming the subject of inquiry by 
 such committee or commissioners, on the ground that the answer thereto may criminate 
 or lend to criminate himself : Provided always, that where any witness shall answer 
 every question relating to the matters aforesaid which he shall be required by suc'i 
 committee or commissioners (as tlie case may be) to answer, and the answer to which 
 may crimmate, or tend to criminate him, he shall be entitled to receive from the 
 committee under the hand of their clerk, or from the commissioners under their hand 
 (as the case may be), a certificate stating that such witness was, upin his examination, 
 lequired by the said committee or commissioners to answer questions or a qijestion 
 rehiting to the matters aforesaid, the answers or answer to which criminated or tended
 
 9G 
 
 TEE EXGLISn MUXICITJL CODE. 
 
 Eiertion 
 J'ftition*. 
 
 V\'itli(lrftvral 
 )l petition. 
 
 95. — (1.) A petitioner shall not withdraw an election petition 
 without the leave of the election court or High Court on special 
 application, made in the prescribed manner, and at the 
 prescribed time and place.* 
 
 [After an election a petition was presnntcd by an unsuccessful candidate 
 claiming that he was returned by a majority oi lawful votes. The mayor, to 
 save expense, induced both parties to .submit to jirbitration. The award being 
 against petitioner, he asked leave to withdraw his petition, and the Court 
 assented. Medium v. Bean, 51 J P. 231]. 
 
 (2.)The application shall not be made until tlie prescribed notice 
 of the intention to make it lias been given in the borough. t 
 
 (3.) On the hearing of the application any person who might 
 have been a petitioner in respect of the election may apply to 
 the court to be substituted as a petitioner, and the court may^ 
 if it thinks fit, substitute him accordingly.! 
 
 (4.) If the proposed withdrawal is in the opinion of the court 
 induced by any corrupt bargain or consideration, the court may 
 by order direct that the security given on behalf of the original 
 petitioner shall remain as security for any costs that may be in- 
 curred by the substituted petition er,and tliat to the extent of tlie sura 
 named in the security, the original petitioner and his sureties 
 shall be liable to pay the costs of the substituted petitioner. 
 
 (5.) If the court does not so direct, then security to the same 
 amount as would be required in the case of a new petition, and 
 subject to the like conditions, shall be given on behalf of the 
 substituted petitioner before he proceeds with his petition and 
 within the prescribed time after the order of substitution. 
 
 (6.) Subject as aforesaid, a substituted petitioner shall, as 
 nearly as may be, stand in the same position and be subject to 
 the same liabilities as the original jietitioncr. 
 
 (7.) If a petition is withdrawn, the petitioner shall be liable 
 to pay the costs of the respondent. 
 
 (8.) Where there are more petitioners than one, an application 
 
 to criminate him, and had answered all such questions or such question ; and if any 
 information, indictment, or action be at any time thereafter peuJin(? in any court 
 against such witness for any ollence under tlie Corrupt IVactices i'revention Acts, oi 
 for which he might bo prosecuted or proceeded against under such Acts, ccmmiittod h^ 
 him previously to the time of his giving his evidence and at or in relation to the 
 elictioii concirning or in relation t> which the witness may have been so (■xamined, tlm 
 court shall, on productii)n and proof of such ccitificate, stay the proceedings in such 
 hist-niintioned information, indictment, or action, and may, at his discretion, award to 
 each w.lness sucli costs as he may have becMi put to in sueli information, indictment, 
 or action : Provided that no statement made by any person in answer to any question 
 put by or before such election committee or commissioners shall, except in cases of 
 indictments for perjury, be admissible in evidence in any proceeding, civil or 
 criminal." 
 
 * See General Rules, 15, IG. 
 
 f See General Kulea, 47. 
 
 i See General Rube, 48
 
 TEE MtlKICIPAL CORPORATIONS ACT, 1SS2. 97 
 
 to withdraw a petition shall not be made except with the consent Election 
 of all the petitioners. 
 
 [The effect of section 17 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause]. 
 
 96, — (1.) An election petition shall be abated by the death Abatement 
 of a sole petitioner or of the survivor of several petitioners.* 
 
 (2.) The abatement of a petition shall not affect the liability 
 of the petitioner or of any other person to the payment of costs 
 previously incurred. 
 
 (3.) On the abatement of a petition the prescribed notice 
 thereof shall be given in the borough, and, within the prescribed 
 time after the notice is given, any person who might have been 
 a petitioner in respect of the election may apply to the election 
 court or High Court in the prescribed manner and at the 
 prescribed time and place to be substituted as a petitioner ; and 
 the court may, if it thinks fit, substitute him accordingly. 
 
 (4.) Security shall be given on behalf of a petitioner 80 
 substituted, as in the case of a new petition. 
 
 [The effect of. section 17 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause]. 
 
 97. — (1.) If before tlie trial of an election petition a withdrawal 
 
 - , , 1 • on ^^^ substL- 
 
 respondeut other than a returning omcer — tntion of 
 
 («,) Dies, resigns, or otherwise ceases to hold the office to 
 which the petition relates ; f or 
 
 [If any of these events take place after notice of trial has been given, but 
 before the trial has commenced, the Master is to countermand the notice of 
 trial. — Rule 6, Additional General Rules, Jan. 1875J. 
 
 (b.) Gives the prescribed notice that he does not intend to 
 oppose the petition ; % 
 
 [It has been held that this does not entitle him to have his name struck out 
 of the petition: Yatvs v. Leach (L. R., 9 C. P., 605). As to the effect ii all the 
 respondents give this notice, see Rule 7, Additional General Rules, January, 
 1875]. 
 
 the prescribed notice thereof shall be given in the borough, and 
 within § the prescribed time after the notice is given any 
 person who might have been a petitioner in respect of the 
 election may apply to the election court or High Court to be 
 admitted as a respondent to oppose the petition, and shall be 
 
 * See General Rules, 50. \ See Geueial Pailes, 52, 53. 
 
 t See General Rules, 51. § See General Rules, 54. 
 
 7
 
 98 
 
 Tin: EXGLISII MUNICIPAL CODE. 
 
 E'fct'ion 
 
 I oBtR on 
 ell ct'on 
 pi titionn. 
 
 iidmitted accoriingly, except that the number of persons so 
 admitted shall not oxceKl thiee. 
 
 (2.) A respondent wlio has given the prescribed notice that 
 he does not intend to oppose the pDtition shall not be iillowed to 
 appear or act as a party against the petition in any proceedings 
 thereon. 
 
 [The efiect of section 18 of 35 & 36 Vict. c. 60 ,'1872) is preserved by this 
 clause]. 
 
 98, — (1.) All coi^t-^,* charges, and expenses of and incidental 
 to the presentation of an election petition, and the pro'^eedings 
 consequent thereon, except such as are by this Act otherwise 
 provided for, shall be defrayed by the parties to the petition in 
 such manner and proportions as the election court determines; 
 and in particular any costs, charges, or expenses which in the 
 opinion of the court have been caused by vexatious conduct, 
 unfounded allegations, or unfounded objections on the part 
 either of the petitioner or of the responrlent, and any needless 
 expense incurred or caused on the part of petitioner or 
 respondent, mu}^ be ordered to be defrayed by the parties by 
 whom it has been incurred or caused, whether they are or net 
 on the whole successful. 
 
 [To obtain the costs ordered by a commiss'ioner to be paid under this Act, 
 and to take proceedings under Ru'.e 5o, the order of the commissioner sh)uH 
 first ho made a rule of court. The entrj* of the order by the r gistrar i-i suffi- 
 cient, and such order need not be endorsed en the petition )'y the comnii^sioncr. 
 Pure V. Hartshorn (:U L. T., N. S., 486, S. C). Determination o: election couit 
 as to paymenis must be in writing anil form part of tlie recor i, othiTwise invalid. 
 Election court for the tr al of petitions under Munic-iiial Elections Act, 1"<72, 
 3o & 36 Vict. c. 60. s. 22, a court of record. Wh' re b irrisler appointed to try 
 petition omitted to ordt;r the payment by the respondent of moneys advanced 
 by commissioni-rs under s. 22, limiiinu: hisord(!r to ('xpen^es incurred by to v n clerk 
 in receiving court under s. 20, hi-hl that the Qiieeu'< Bench Divis on coul.l not 
 am(^nd the barrister's order so as to make it in ludo the payment of such 
 remuneration and allowa'ices. Req. v. Corporation of M lidenlnai ("2 L. R., 
 Q. B. Div., vol. 8, p. 33!).) Held hIso. notwithstamling such onii-ion, that the 
 act of the commissioners in certifying was a ministerial and not a judicial act, 
 and that they had the power and wer^^ bound to make a secoiiil ceitilicat'', 
 and were entitlt'd to a peremptory mandamus compelling tlie treasurer to repay 
 to them the amoiint of snch remuneration and allowances out of the borough 
 fund or rate, and compelling the corporation to order such amount to be levied 
 by a borough rate]. 
 
 (2.) T/ie costs may he taxed in the prescribed manner, hut 
 accordinq to the same principles as costs hecween solicitor and f 
 
 • As to costs, see Loverivq v. Douson (44 L. J. R., (n. s) C. P. Si'l). The full 
 court cannot review the decision of the commissioner. The costs of ard incidental to 
 a petition under the Corrupt Practifes (Municipal Elections) Act. 1872, are in the sole 
 and absolute discretion of the commissioner wlio tries the petition ; and his dt cisioa 
 cannot be reviewed by the superior court, liow flagrantly wrong soever it may be. 
 ilaidenheiid Khction Petition (2 Q. B. D. 8, 3a9;. 
 
 t See footnote to next page.
 
 THE MUNICIPAL CORFORATIONS ACT, 1SS2. W 
 
 client in an action in the High Cotirt, and may he recovered as Election, 
 the costs of such an action, or as otherwise prencribed.^ Petitions. 
 
 [The court will not interfere with the discretion of the Master as to the 
 amount allowed for counsel's fees and refreshers, unless it be manifest that he 
 has failed to exercise it in a reasonable manner. Hargreaves v. Scott (L. U., 
 C. P. D. 4, p. 21), Municipal Election Petition, Borough of Carlisle]. 
 
 (3.) If a petitioner neglects or refuses for three months after 
 demand to pay to any person summoned as a witness on his 
 behalf, or to the respondent, any sum certified to be due to hira 
 for his costs, charges, and expenses, and the neglect or refusal 
 is, within one year afier the demand, proved to the satisfaction 
 of the Iligli Court, every person who has under this Act entered 
 into a recognisance relating to the petition shall be held to have 
 made default in the recognisance, and the prescribed officer 
 shall thereon certify the recognisance to be forfeited, and it 
 shall be dealt with as a forfeited recognisance relating to a 
 parliamentary election petition. 
 
 [The effect of section 19 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause]. 
 
 99. — (1-) The tow^n clerk shall provide proper accommoda- Reception^ o*^^ 
 tion for holding the election court ; and any expenses incurred ^^^^ ^^^'^^^^^ 
 by him for the purposes of this section shall be paid out of 
 the borough fund or borough rate, 
 
 (2.) All chief and head constables, superintendents of police, 
 head-boroughs, gaolers, constables, and bailiffs shall give their 
 assistance to the election court in the execution of its duties, 
 and if any gaoler or officer of a prison makes default in leceiv- 
 ing or detaining a prisoner committed thereto in pursuance of 
 this Part, he shall be liable to a fine not exceeding five pounds 
 for every day during which the default contiuues. 
 
 (3.) The election court may employ officers and clerks as 
 prescribed. 
 
 (4.) A shorthand writer shall attend at the trial of an 
 election petition, and shall be sworn by the election court 
 faithfully and truly to take down the evidence given at the 
 trial. He shall take down the evidence at length. A tran- 
 script of the notes of the evidence taken by hira shall, if the 
 election court so directs, accompany the certificate of the 
 election court. His expenses, according to a prescribed scale, 
 
 • So much of this subsection as relates to the principles of taxat'on was repealei 
 by 47 & 48 Vict. c. 70. (i8c<l), which, however, practically re-eiiactej the provisions 
 herein. See Appendix.
 
 100 THE ES6LISE MUXICIPAL CODE. 
 
 F.hction shall be treated as part of the expenses incurred in receiving 
 
 Petitions. ,i , * 
 
 the court. * 
 
 [The effect of section 20 of S5 & 36 Vict. c. CO (1872) is preserved in this 
 clausi]. 
 
 Rules of pro- 100. — (1.) The judsj-es fur the time homx on the rota for 
 
 cediire 1111(1 . . . 
 
 jurisJiction. the tiial of parliamentary election petitions, may from time to 
 time make, revoke, and alter General lUiles for the ell'ectual 
 execution of this Part, and of the intention and object thereof, 
 and the regulation of the practice, procedure, and costs of 
 municipal election petitions, and the trial thereof, and the 
 certifying and reporting thereon. 
 
 [The judges made General Rules — November 20, 1872 ; Additional General 
 Rules. Deceuibt-r 10, 1872, January 27, 1875, and under Part IV. of this Act 
 on April 17, 18S3. See Appeudix]. 
 
 (2.) All such rules shall be laid before both Houses of Par- 
 liament within three weeks after they are made, if Parliament 
 is then sitting, and if not, within three weeks after the beginning 
 of the then next session of Parliament, and shall, while in force, 
 have effect as if enacted in this Act. 
 
 (3.) Subject to the provisions of this Act, and of the rules 
 made under it, the principles, practice, and rules for the time 
 being observed in the case of pailiamentary election petition?, 
 and in particular the principles and rules with regard to agency 
 and evidence, and to a scrutiny, and to the declaring any person 
 elected in the roo:n of any other person declared to have been 
 not dulv elected, siiall be observed, as far as may be, in the 
 case of a municipal election petition. 
 
 (4.) The Iligli Court shall, subject to this Actf have thoi 
 same powers, jurisdiction and authority with respect to a' 
 municipal election petition and the proceedings thereon as iii 
 the petition were an ordinary action within its jurisdiction. 
 
 [Lord Coleridge : " The court has power under this clause to strike out the 
 name of a person improperly made a respondent to an election jietiti n." Yates 
 s-. Leach (L. K., 9 C. P., C0.i-6U8)]. 
 
 (5.) The duties to be performed by the presci'ibcd officer 
 under this I'art shall be performed by the prescribed officer of 
 the lligh Court. 
 
 (6.) The General Rules in force at the commencement of this 
 Act with respect to matters within this Part shall, until super- 
 
 • See Rule 8, Additional General Rule.'?, December, 1872. 
 
 + As to how the words, "subject to this Act," limit powers of court, see Mande v. 
 LoitUy (L. R., 9 C. P., 165). See also Levering v, Daicaon [-1 L. K. U. 1'., 2(37).
 
 THE MUNICIPAL COltPORATIOys ACT, 1SS2. 101 
 
 seded by rules made under this seciion, and subject to q.\\j El'it'on 
 amendment thereof by rules so made, have eifect, with the 
 necessary modifications, as if made under this section. 
 
 [The effect of section 21 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 chiuse]. 
 
 101. — fl.) The remuneration and allowances to be paid to a Expenses nf 
 
 ^ ' _ _ ^ election court. 
 
 commissioner for his services in respect of the trial of an 
 election petition, and to any officers, clerks, or shorthand writers 
 employed under this Part, shall be fixed by a scale made and 
 Yaritd by the election judges on the rota for the trial of par- 
 liamentary election petitions, with the approval of the Treasury. 
 The remuneration and allowances shall be paid in the first 
 instance by the Treasury, and shall be repaid to the Treasury 
 on their certificate, out of the borough fund or borough rate. 
 
 (2.) But the election court may in its discretion order that 
 such remuneration and allowances, or the expenses incurred by 
 a town clerk for receiving the election court, shull be repaid, 
 wholly or in part, to the Treasury or the town clerk, as the 
 case may be, in the cases, by the persons, and ia the manner 
 following (namely) : 
 
 {a.) When in the opinion of the election court a petition is 
 frivolous and vexatious, by the petitioner ; 
 
 {h.) When in the opinion of the election court a respondent has 
 been personally guilty of corrupt practices at the election, 
 by that respondent. 
 
 (3.) An order so made for the repayment of any sum by a 
 petitioner or respondent may be enforced as an order for pay- 
 ment of costs ; but a deposit made or security given under this 
 Part shall not be applied for any such repayment until all costs 
 and expenses payable by the petitioner or respondent to any 
 party to the petition have been satisfied.* 
 
 [The effect of section 22 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 
 clause]. 
 
 102.— Where a candidate who has been elected to a corporate J^^^^fij';°„''^ 
 office is, by a certificate of an election court or a decision of P^^^t^^i^n uot 
 the High Court, declared not to have been duly elected, acts 
 dome by him in execution of the office, before the time when 
 
 ♦ See Additional General Eiiles, December, 1872, 1-6.
 
 102 
 
 THE EXGLISn MUNICIPAL CODE. 
 
 Fhction 
 Tctitionn. 
 
 Prrivisions as 
 to • leciions 
 in the room 
 
 of pPlBOIlS 
 
 unse'iied on 
 poiition. 
 
 Prnhibitinn 
 of (iisclosure 
 oi' vote. 
 
 the certificate or decision is certified to the to^vn clerk, shall 
 not be invalidated by reason of that declaration. 
 
 [The effect of section 23 of 35 & 36 Vict. c. GO (1872) is preserved in this 
 clause j. 
 
 103. — Where on an election petition the election of any 
 person to a corporate office has been declared void, and no 
 other person has been declared elected in his room, a new 
 election shall be held to supply the vacancy in the same manner 
 as on a casual vacancy ; and for the purposes of the election 
 any duties to be performed by a mayor, alderman, or other 
 officer, shall, if he has been declared not elected, be performed 
 by a deputy, or other person who might have acted for him if 
 he had been incapacitated by illness. 
 
 [The effect of section 24 of 35 & 36 Vict. c. GO (1872) is preserved in this 
 clause], 
 
 104. — A person who has voted at a municipal election by 
 balLt shall not in any proceeding to question the election be 
 requii'ed to state for whom he has voted. 
 
 [The effect of eccLion 26 of 3-5 & 36 Vict.c. 60 (1872) is preseiTed in this 
 clause j.
 
 TUE MUNICIPAL COUruliATlONS ACT, 1882. 103 
 
 PART V * 
 CoKPORATE Property and Liabilities.* 
 
 Corporate Land, Corporate 
 
 ' Land. 
 
 105.— A municipal corporation may contract for the purchase j;";:;,^^^'^" j^,,^ 
 of and hold any land f not exceeding in the whole five acres, ^"J"/°«" ^^^^• 
 either in or out of the horough, and thereon, or on any land 
 belonging to or held in trust for the corporation, may build a 
 town hall, council house, justices' room, with or without a police 
 station and cells, or lock-ups, or a quarter and petty sessions 
 house, or an assize court-house, with or \\ithout judges' lodg- 
 ings, or a polling station, or any other building necessary or 
 proper for any purpose of the borough. 
 
 [The effect of section 40 of 7 Will. 4 and 1 Vict, c 78 (1837) is preserved in 
 this clause. The authority to build a uaol and house of correction is not 
 repeated, the necessity or power to provide them being removed by the Prisons 
 Act, 40 k 41 Vict. c. 21]. 
 
 106 — The council may, with the approval of the Treasury, powerto 
 
 , . (. J. 1 I c b '"'ow with 
 
 borrow t at interest on the security oi any corporate land, or oi approval of 
 any land proposed to be purchased by the council under this 
 Act, cr of the borough fund or borough rate, or of all or any of 
 those securities, such sums as the council from time to time 
 think requisite for the purchase of land, or for the building of 
 any building which the council are by this Act authorized to 
 
 build. 
 
 [The effect of section 8 of 23 & 24 Vict. c. 16 (I860) is preserved by this 
 clause. It was held in the case of the Aitomey. General v Corpora/ion of 
 Birmitigham (L. E., 3 Eq. .to2), that a coipuration is lawfully empowered to 
 raise purchase money for land out ot the borough fund.] 
 
 107. — (1.) Where a municipal corporation has not power to Po^erto 
 
 11111- • J.1 acquire land 
 
 purchase or acquire land, or to hold land in mortmain, the with the 
 
 x ■*■ approval or 
 
 the Treasury. 
 
 ♦ With respect to tliis Pait due regard must be now paid thvoiighont to the words of 
 section I'l of the Local 0<.verninent lEiigliUid and Waies) Act, 1.883, as follows: — 
 After the appointed day (tlie 1st of April, 1889, or an earlier or Liter date to s lit 
 particular circiuiistuices, as r.iay be decided by the Local Government Board) the 
 Local Goveninient B"a d shall exercise, as regards any county borough, or other 
 borough, tlie jiowcrs confrvrod hy P.irt V. of the Municipal Corporations Act, 188 J, 
 relating to corjior^ite [iropeity ami liabilities, as respects the appr.ival of loins and of 
 the alienation of i)ropci-ty, and other matters therein mentioned, and that Part shall, 
 as respects any tian>actions commenced a ti-r the appointed day, be construed as if 
 " Local Government Board" were tliroughout that fan sub.^tituted for " Treasury.' 
 
 f Land cannot, however, be imrchased except for the object distinctly specfied. 
 Bvthe Statutes of JNIortiiiain corporations are in-obibited from purchasing lands in fee. 
 
 " t Sec the .^alvticul T'-ible of Borrowing Powers on next page.
 
 104 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 [Hone may bi' nppropriatoly iitroiluced a table which slmws at a glance the general 
 borrowing powers of iiiiinicipiil coiijorations : — 
 
 The General Borrowing Powers of Monicipai. Cobporatioks. 
 
 
 9-3, 
 
 ci 
 
 o a 
 
 " o 
 
 S^ 
 .£0 
 
 ">2. 
 
 9-> 
 
 ^ a. 
 
 © 
 
 13 
 
 c o 
 
 c 
 
 a 
 
 2 * 
 
 to «o 
 cc CO 
 
 si' 
 
 oq 
 
 CCCQ 
 
 «o o 
 
 .-I 
 
 ^ '^ 9, « 
 
 05 
 
 <M 
 
 " - "= x 
 
 ."do 
 
 « 1r? ^ -^^ 
 
 i-l CO 
 
 
 CO CO 
 
 . 
 
 o 
 
 00 
 
 10 
 
 o 
 
 en 
 
 n-l "* 
 
 § CO 
 
 ^ CO 
 
 CO '<5 
 
 •'00 
 
 CO 
 
 ai 
 
 CI 
 <M 
 
 CO 
 
 CI 
 
 
 ^> 
 
 ^ CO 
 
 '^^ 
 
 S 00 
 CS CO 
 
 cr CO o 
 
 t~ in 
 
 f^ Tl >- 
 
 CO CO 
 
 t- 00 
 
 CO n5 
 
 « 2 !:o 
 
 IS ^ SI 
 
 C > -M CO 
 
 -y -■^- " ^ 
 
 C5 
 
 OP 
 
 CO 
 
 tS .s ^- s 
 
 si) 
 
 !? =U S o 
 
 m ' 
 
 t^j ij M 
 
 O 
 CO 
 
 o 
 
 as 
 
 * ;:; o n Qi 
 
 o 
 
 t~- CO 
 
 si 
 o 
 
 n 
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 O 
 
 H 
 "EH 
 
 II 
 
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 b ^ • tH >-• 
 
 CO -M M 
 
 o 
 to 
 
 to 
 
 O 
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 (^ u 
 03 03 
 
 C O 
 CO CO 
 
 C3 
 O 
 
 CO 
 
 CIS 
 
 o 
 
 CO 
 
 C3 
 4) 
 
 4) 
 
 n 
 o 
 
 5=^ 
 
 » si 
 
 C3 O 
 
 1-1 
 
 03 
 M 
 
 H 
 
 o 
 'O 
 
 03 
 O 
 
 W 
 
 a 
 
 a 
 
 
 o 
 
 o 
 
 S J- "3 
 C ^ 
 'Eit :; T3 
 
 -S5 2 
 
 U ^ S 
 
 = a 
 
 Oi C 3 
 M S <U 
 
 C '3 s-i 
 
 M --^ 
 P4 
 
 o 
 
 o 
 
 XI 
 
 o 
 
 S 
 S 
 
 
 ? . 
 
 .2 • 
 
 en 
 
 O 
 
 •l-l oj 
 
 O s 
 
 o J" 
 
 5; 60 
 
 -, o "^ 
 
 S "• A 
 
 a u fc< 
 
 &""" ft 
 
 3 
 
 o 10 
 
 CO 03^ ^ 
 — -^ d 
 
 M 
 
 o t 
 
 
 4> 
 
 o 
 
 i t 
 
 o ^ -a 
 ^-a 2 
 
 ^-1 a 
 ■§x 8 
 5.2 § 
 
 1^ p^ 
 
 1^ VI 
 
 ass: 
 
 '-' .*^ ^^ ^2 
 
 ^ Ti /n G 
 
 eft tC- cs 
 
 ^ .— ^ t/3 
 
 S3 >^ a> 02 
 
 .S's ''•is 
 
 .a a 
 
 Si S-w 
 
 3 "^ X 
 
 a 
 
 ^° « 
 O - « 
 
 OCT' 
 
 a. 2 3 
 
 £ o ? 
 
 o ^ "^ 
 
 •" tS •« 
 h CO 
 C CC 60 
 
 •" c 
 
 03 
 
 OQ 
 
 CO 
 
 •3 ^ 
 
 a 3 
 
 3 cfl 
 
 . C3 
 
 in <S 
 
 03H 
 01 
 
 o 
 CO 
 
 OS 
 
 a 
 
 fee 
 
 o 
 
 01 
 
 to 
 
 I 
 
 o 
 
 60 
 
 ■2 >» 
 03 « 
 
 a S: 
 
 0.0 
 
 _go 
 
 a^ 
 
 C <D 
 3 3 
 
 5-^ 
 
 —2 
 •^ -t^ 
 
 -I 
 
 •sa 
 
 -I 
 
 o 
 *J o 
 
 fl.2 
 o d 
 
 t: a 
 
 O) — < 
 
 w o 
 
 oH 
 
 •9« 
 
 §" sa 
 
 i3 
 3 
 
 O 
 
 oB > 
 oO 
 
 3 q 
 o tc to .2 s 
 
 C -^ <U -3 -^ 
 -^■2 C 3 
 
 ^ ° -E 2 " 
 
 .5 ^^ OS 
 ■S --al t>> (D 
 ■ !ifl 
 03 
 
 
 ^•5« 
 
 5m. g 
 
 -sJZP p. 
 c c — " o 
 
 '^ -e CO m -s 
 C 3 '^ I" S 
 
 ■»^ -"5.0.""
 
 TUE MUNICIFAL CORPORATIONS ACT, 1SS2. 105 
 
 council may, with the approval of the Treasury, purchase or Corporate 
 acquire any land in such manner and on such terms and 
 conditions as the Treasury approve, and the same may be 
 conveyed to and held by the corporation accordingl3^ 
 
 (2.) The provisions of the Lands Clauses Consolidation Acts, 
 1845,* 1860,t and 18694 relating to the purchase of land by 
 agreement, and to agreements for sale, and conveyances, sales, 
 and releases of any lands or hereditaments, or any estate or 
 interest therein by persons under disability, shall extend to all 
 purchases of land under this section. 
 
 108. — (1.) The council shall not, unless authorized by Act Restriotions 
 of Parliament, sell, mortgage, or alienate any corporate land of corporate 
 
 • 1 ,1 t p ^ rr< land without 
 
 Without the approval 01 the Trer/s^^ry approval of 
 
 (2.) The council shall not, unless authorized by Act of 
 Parliament, lease or agree to lease any corporate land without 
 the approval of the Treasury,^ except as follows : 
 
 (a.) They may make a lease or agreement for a lease for a 
 term not exceeding thirty-one years from the date of the 
 lease or agreement, so that there be reserved and made 
 payable during the whole of the terra such clear yearly 
 rent as to the council appears reasonable, without any fine. 
 
 (b.) They may make a lease or agreement for a lease for a 
 term not exceeding seventy-five years from the date of 
 the lease or agreement, and either at a reserved rent or 
 on a fine, or both, as the council think fit, — 
 
 (i.) Of tenements or hereditaments, the greater part of the 
 yearly value of which, at the date of the lease or 
 agreement, consists of any building or buildings ; or 
 
 (ii.) Of land proper for the erection of any houses or other 
 buildings thereon, with or without gardens, yards, 
 curtilages, or other appurtenances to be used therewith ; 
 or 
 
 (iii.) Where the lessee or intended lessee agrees to erect a 
 building or buildings thereon of greater yearly value 
 
 * The 8 & 9 Vict. c. 18. 
 
 t The 23 & 24 Vict. c. 106. 
 
 \ The 32 & 33 Vict. c. 18. 
 
 § The consent of the Lords Commissioners of the Treasury (now the Local Govern- 
 ment Board) to the alienation of the property of a corporation required by 94th section 
 of the Municipal Corporations Act is sufficiently signified by a ktter signed by their 
 secretary. Such consent can authorise no alienation or charge of the corporate pro- 
 perty further than is specified in the memorial on which it is founded — Arnold v. 
 Mayor and Corporation of Gravesend (25 L. J., Eq. 776).
 
 106 
 
 THE EXGLISn MUXICiPJL CODE. 
 
 Corporate than the land, — of land proper for gardens, yards, 
 
 ^"'*^- curtilages or other appurtenances to be used with any 
 
 other house or other building erected or to be erected on 
 any such land belonging cither to the corporation or to 
 any other proprietor, or proper for any other purpose 
 calculated to afford convenience or accommodation to the 
 occupiers of any such house or building. 
 
 [The effect of sections 94, 95, and 96 of the Act of 1835, and section 2 of 6 & 7 
 Will. 4, c. 104 (1836), is preserved in this clause. Section 15* of 8 & 9 Vict. 
 c. 18 (1845), also bears upon the prohibition contained in subsection 2]. 
 
 Power to 109. — The council may, with the approval of the Treasury 
 
 dispose of land ii-ii o ^ ^ i 
 
 with approval dispose 01 anv corporate land either by way ot absolute sale, or 
 
 of Treasury. ^ n " , i i-i i 
 
 by way or exchange, mortgage, charge, demise, lease, or other- 
 wise, in such manner and on such terms and conditions as the 
 Treasury approve. 
 
 [The effect of section 94 of the Act of 1835, and section 2 of 6 & 7 "Will. 4, 
 c. 104, is preserved in this clause] . 
 
 110. — In the following cases — 
 
 (a.) Where a body corporate of a borough was on the fifth 
 of June one thousand eight hundred and thirty-five 
 bound or engaged by any covenant or agreement, ex- 
 pressed or implied, or was enjoined by any deed, will, or 
 other document, or was sanctioned or warranted by 
 ancient usage or by custom or practice, to make any 
 renewal of any lease for years, or for life or lives, or 
 for years determinable with any life or lives at any fixed 
 or determinate or known or accustomed period, or after 
 the lapse of any number of years, or on the dropping of 
 any life or lives, and j'ears determinable after the lapse 
 of any number of years, at a fine certain, or under any 
 special or specific terms or conditions ; 
 
 (6.) Where a body corporate of a borough theretofore 
 ordinarily made renewal of any lease for years, or for 
 life or lives, or for years determinable with any life or 
 lives at any fixed or determinate or known or accustomed 
 
 Connrll may 
 r*tien leoiiea. 
 
 • This section is as follows : — " Nothing in this or the special Act contained (any 
 subsequent Act authorizinK the leasinj,' ol lanilsl shall cnuhlc any municipal corporation 
 to sell for the purposesof the special Act, wit'riout tlic aii))nibation of the (Jonimissionera 
 of Her Majesty's Treasury (now the Local Government Board) of the United KinK'lom 
 of Great Hritain and Ireland, or any three of them, any lands which they could not 
 have sold without such approiiation before t^e passing of the special Act other than 
 such lands as the company are by the powers of this or the special Act empowered to 
 purchase or take compulsorily."
 
 THE MUNICIPAL CORPORATIONS ACT, 1882 107 
 
 periofl, or after the lapse of any number of years, or on CorporatK 
 the dropping of any life or lives, on the payment of an 
 arbitrary fine, — 
 Then, notwithstanding anything in this Act, the council of 
 the borough may renew the lease for such term or number 
 of years, either absolutely or determinable with any life or lives, 
 or for such life or lives, and at such rent, and on the payment 
 of such fine or premium, either certain or arbitrary, and with 
 or without any covenant for the future renewal thereof, as the 
 council could or might have done if this Act had not been 
 passed. 
 
 [The effect of section 95 of the Act of 1S35 is preserved in. this clause. The 
 word " renewal " does not mean a mere custom to let on lease at different rents. 
 Although the terms may be slightly variel there must be such a similarity as to 
 shew that the same lease has been renewed. The case of the Attorney-General v. 
 Corporation of Great Yarmouth (21 Beiiv. 625) is one in point]. 
 
 Working 
 
 Working Men's Dwellings. ^Lgs. 
 
 111. — (1.) If a municipal corporation determines to convert |.'^r^/^|ujeji., 
 any corporate land into sites for working men's dwellings, and '^'^eiimgs 
 obtains the approval of the Treasury for so doing, the corpora- 
 tion may, for that purpose, make grants or leases for terms of 
 nine hundred and ninety-nine years, or any shorter term, of any 
 parts of the corporate land. 
 
 (2.) The corporation may make on the land any roads, drains, 
 walls, fences, or other works requisite for converting the same 
 into building land, at an expense not exceeding such sum as the 
 Treasury approve. 
 
 (3.) The corporation may insert in any grant or lease of any 
 part of the land (in this section referred to as the site) provisions 
 binding the grantee or lessee to build thereon as in the grant or 
 lease prescribed, and to maintain and repair the building, and 
 prohibiting the division of the site or building, and any addition 
 to or alteration of the character of the building, without the 
 consent of the corporation, and for the re-vesting of the site in 
 the corporation, or its re-entry thereon, on breach of any pro- 
 vision in the grant or lease. 
 
 (4.) Every such provision shall be valid in law to all intents, 
 and binding on the parties. 
 
 (5.) All costs and expenses incurred or authorized by a cor- 
 poration in carrying into execution or otherwise in pursuance of 
 this section, shall be paid out of the borough fund and borough
 
 108 
 
 THE EyOLISH MUXICITAL CODE. 
 
 Mens 
 Du-elliiigs. 
 
 rate, or by money borrowed by tlie corporation under this 
 Tart* 
 
 (6.) In this section the term working men's dwellings means 
 buihlings suitable for the habitation of persons employed in 
 manual labour and their families ; but the use of part of a 
 building for purposes of retail trade or other purposes, approved 
 by the council, shall not prevent the buikling from being 
 deemed a dwelling. 
 
 [The effect of c. 59 of 37 «fe 38 Vict. (Working Men's Dwellings Act, 1874) is 
 preserved in this clause]. 
 
 Repayment 
 Loans. 
 
 Power for 
 Treasury to 
 impose con- 
 ditions as to 
 repayment 
 of money 
 borrowed. 
 
 "/ 
 
 Provisions as 
 to sinking: 
 fund. 
 
 Repayment of Loans. 
 
 X12, — (1-) Where the Treasury approve a mortgage or 
 charge under this Part they may, as a condition of their approval, 
 require that the money borrowed on the security of the mort- 
 gage or charge be repaid, with all interest thereon, in thirty 
 years, or any less period, and either by instalments or by means 
 of a sinking fund, or both. 
 
 (2.) In that case the sums required for providing for the 
 repayment of the principal and interest of the money borrowed 
 shall be by virtue of this Act a charge on all or any of the fol- 
 lowing securities, namely, the land comprised in the mortgage 
 (without prejudice to the security thereby created), or any other 
 corporate land, or the borough fund,t or the boruugh or other 
 rates legally applicable to payment of the money borrowed or 
 of the expenses which the money is borrowed to defray, as the 
 Treasury direct. 
 
 [The effect of sections 1 and 8 of 23 & 24 Vict. c. 16 (1860) is preserved in 
 this clause]. 
 
 113. — (1.) Where money borrowed under this Part is directed 
 to be repaid by means of a sinking fund, the council shall, out 
 of the rents and profits of the land on which, or out of the 
 borough fund or rates on which, the sums required for the 
 sinking fund are charged under this Act, invest such suras, at 
 such times, and in such Grovernraent annuities as the Treasury 
 direct, and shall also from time to time invest in like manner 
 all dividends of those annuities. 
 
 • See pnge 104 ante, as to Acts under wliifli all borrowing powers are authorized. 
 I See section lOG (page 103 ante).
 
 1 
 
 THE MUNICIPAL CORPORATIONS ACT, 18S2. 109 
 
 (2.) The annuities shall, in the books of the Bank oi Repayment of 
 England, be placed to the account of the corporation, and '^^""*- 
 in the matter of this Act or of any previous Act under which 
 the investment is made. 
 
 (3.) The dividends of the annuities shall be received and 
 invested by such persons as the council by power of attorney 
 under the corporate seal from time to time appoint. 
 
 (4.) No transfer shall be made of the annuities, or of any 
 part thereof, witliout the consent in writing of the Treasury 
 addressed to the chief accountant of the Bank of England. 
 
 (5.) The direction in writing of the council by power of 
 attorney under the corporate seal, with the consent in writino' 
 of the Treasury, B\\a[\ be sufficient authority to the bank for 
 permitting any such transfer, 
 
 [The effect of section 2 of 23 «& 24 Vict. c. 1 6 (1860) is preserved in this clause]. 
 
 Purchase or Compensation Monet/. Purchase cr 
 
 Coinpeiisation 
 
 114. — (!•) Where purchase money or compensation has been -^^"w^-y. 
 
 paid to the Bank of England under an Act of Parliament in Provision for 
 
 . . replacing 
 
 respect of land or any interest therein purchased or taken from purchase or 
 
 . . -^ compensatioa 
 
 a municipal corporation, or m respect of permanent damage to PT*^^ ^^^"^ 
 land of a municipal corporation, and the Treasury approve of 
 the payment of the money or compensation, or of any money to 
 arise from the sale of any Government securities in which the 
 same has been invested to the corporation or the treasurer, 
 the Treasury may, as a condition of their approval, requiie pro- 
 vision to be made for raising and for investing in Government 
 annuities a sum equivalent to the amount of money so paid, 
 
 (2.) The foregoing provisions of this Part applicable in the 
 case of a sinking fund, as regards the mode of investing, pay- 
 ment of dividends, and transfer of annuities, shall be applicable 
 in the case of investments under this section. 
 
 (3.) The Treasury shall, when it appears to them that an 
 amount of annuities equivalent to the amount so paid has been 
 raised by investment, direct that the accumulation shall cease ; 
 and the annuities and the dividends thereof shall thenceforth 
 be applicable as if the annuities had aiisen from investment 
 under the Act of Parliament under which the purchase money 
 or compensation became payable, 
 
 (4.) But this section shall not apply to money payable to a 
 municipal corporation when provision for the application of the
 
 no 
 
 THE EXGLISn MUXICIPAl CODE. 
 
 Purchase or money, or of the price or compensation from whicli the money 
 Muuetj!"^ '"" ^^ flerivcfl, is contained in any local Act of rarliament* rchiting 
 
 thereto, and tlie money is to be paid to the corporaticm to be 
 
 applied in conformity with that provision. 
 
 [Thcoffeet of section 3 of 23 & 21 Vict. c. IG (18G0) is preserved iu this clause]. 
 
 Invpstment 
 of prorecila 
 of sale or 
 exc'hiinirc 
 authorized by 
 Treasury. 
 
 115. — (1.) Where the Trccmiry approve of the sale or 
 exchange of any corporate land or of any interest therein, 
 their approval may be suhject to such conditions as they think 
 fit in r( lation to the investment for the benefit of the corpora- 
 tion of tlie money arising from the sale or exchange. 
 
 (2.) If the Treasury direct the money to be invested in 
 Government annuities, the foregoing provisions of this Part 
 respecting the mode of investing, payment of dividends, and 
 transfer of annuities shall be applicable, but not so as to make 
 any accumulation necessary. 
 
 (3.) If the Trcasuri/ consent to the application of the money 
 or of any part thereof for the benefit of the inhabitants of the 
 borough, they may, as a condition of their consent, require the 
 like provision to be made as they are authorized to require iu 
 the case of their approval of payment to a municipal corpora- 
 tion or the treasurer. 
 
 [The effect of section 4 of 23 & 24 Vict. c. 16 (1860) is preserved in this clause]. 
 
 Power for 
 Treasury to 
 authorize 
 application 
 of certain 
 investments 
 for benefit of 
 U^rough. 
 
 116. — The Trpa.viri/ may at any time approve of the applica- 
 tion of any annuities arising from investments under either of 
 the two last preceding sections, or of the money to arise from 
 the sale thereof, or any part thereof respectively, for the benefit 
 of the inhabitants of the borough ; and, as a condition of their 
 approval, may require the like provision to be made as they are 
 authorized to require in the case of their approval of payment 
 to a municipal corporation or the treasurer, and so from time 
 to time, and the provisions of this Part shall be applicable 
 accordingly; but it shall not be imperative on the Treasury to 
 impose tlie condition aforesaid where by reason of the applica- 
 tion of the annuities or money to improvement of the property 
 of the corporation or for the permanent benefit of the borough, 
 or otherwise, under the special circumstances of the case, the 
 
 • This proviso contemplates the possibility of special circumstances occasionally 
 arising where the authority fi)r meeting the bamc is to be de ived under a special 
 Act of Parliament. See also lie Derhij .Vtuiicipal Estates, L.R. 3 C.P.D. 289.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. Ill 
 
 Treasury in their discretion think fit to dispense with the Pnrchane or 
 
 , . . Camp nsatioH 
 
 COndmon. Mo„ey. 
 
 [The effect of section 5 of 23 & 24 Vict. c. 16 (1860) is preserved in this clause]. 
 
 Misappropriation. disappro- 
 
 priation. 
 
 117. — If ^ny person authorized to receive money to arise from Penalty for 
 
 i/> •• ^ ^ L c n niJsa )pro- 
 
 the sale of any annuities or securities purchased or transierred tsriationof 
 
 • -r> 1 A moneys. 
 
 under the fovegoing provisions of this Parf, or under any Act 
 
 repealed by this Act, or any dividends thereon, or any other 
 
 such money as aforesai'.l, appropriates the same otherwise than 
 
 asdirected by this Act, or hy \he Treasury in pursuance thereof, 
 
 he shall be guilty of n, misdemeanour, and shall be subject in 
 
 respect thereof to the provisions of the Larceny Act, 1861,* 
 
 applicable to a person guilty of a misdemeanour under section 
 
 seventy-five of that Act, or to the provisions of any enactment 
 
 for the time being substituted for that section. 
 
 rrhc effect of section 7 of 23 & 24 Vict. c. 16 (1860), and section 3 of 39 & 40 
 Vict. c. 20t (1876) is preset ved in this clause]. 
 
 Corporate StocJc.X ' sZcr"^" 
 
 118. — (1.) Any stocks, funds, or public securities (in this Tran-^fpr of 
 
 . ami other 
 
 section referred to as stock) standing in the books of the Bank ciaingswti 
 of England or of any other public company or society in the stock. 
 name of a municipal corporation, under any style or title of 
 incorporation, and the dividends and interest thereof and all 
 bonuses and accretions thereto, belonging to the municipal 
 corporation without being subject to any trust for charitable 
 purposes, may be transferred by and paid to such persjn.-^ as the 
 council appoint by an instrument under the corporate seal, 
 signed and sealed also by the clerk to the trustees of the 
 municipal charities, who shall on request sign and seal it, 
 
 (2.) Any stock and money so standing belonging to the 
 
 trustees of tiie municipal charities solely on charitable trusts 
 
 » — 
 
 * The 24 & 25 Vict. c. 96, s. 75 — "being convicted (hereof shall behableat the discre- 
 tion of the Court to Ijc kept in penal servitude for any ttrm n t exceeding seven years, 
 and not less than three years — or to be imprisoned for any term not exceedhig two 
 years, with or without hard labour, and with or without solitary contineuieut." 
 
 f The Statute Law Revision (Subs:itutrd lilnactuients) Act. The section named is 
 alone repealed by this Act by reiison of its rej)roduclioii in this clause. 
 
 J Several of the larger municipal corporations, namely Birmingham, Blackburn, 
 Blackpool, Bradford, Bristol, Croydon, Dewsbury, Exeter, Hudderstield, Hull, Leeds, 
 Leicester, Liverpool, Longton, Manchest r, Middlcsborough, Newcastle-on- Tyiic, 
 N'J tiugham, Povt-.moutli, Reading, Itotlicrliaiu, Stockton, S.vaiasea, and WoiVerhaiup- 
 t-on have now (1888) consolidated their dehts by the issue ot stock at an uniform rate of 
 hiterest. Sections 53 and 55 of 43 & 44 Vict. c. 20 (1880) contain regulations for the 
 payment of a composition for stamp duties on corporation stock.
 
 112 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 (hrporate 
 
 Slock. 
 
 Borough 
 Bridges. 
 
 ^fnintenance 
 of borough 
 bridges. 
 
 may be transferred by and paid to persons appointed under the 
 hands and seals of the greater part of the trustees, the a])point- 
 nient being attested under tlie hand and seal of their elerk, and 
 being also scaled with the corporate seal, which seal the mayor 
 shall on request cause to be affixed thereto. 
 
 (3.) The dividends and interest of any stock and money so 
 standing, belonging partly to the municipal corporation but 
 subject to charitable trusts may be paid to persons authorized 
 to have the same paid to them by an instrument in writing 
 under the corporate seal, and appointed under the hands and 
 seals of the greater part of the trustees, the appoiutment being 
 attested under the hand and seal of their clerk. 
 
 (4.) In ever}' case the receipt of the persons authorized to 
 give a receipt to the company or society by an instrument under 
 the corporate seal, and signed and sealed by the clerk to the 
 trustees of the municipal charities, shall be an effectual dis- 
 charge to the company or society. 
 
 (5.) So much of the money so paid as is held on charitable 
 trusts shall be paid over to the trustees of the municipal chari- 
 ties, and so much as the municipal corporation is entitled to 
 beneficially shall go to the borough fund. 
 
 (6.) But the company or society shall not be bound to see to 
 the application of that money, or to the validity of the appoint- 
 ment of the clerk to the trustees of the municipal charities, or 
 to the execution of anj' instrument by any of them, or to in- 
 quire whether or not the stock or money is charged with or held 
 on any charitable trust. 
 
 (7.) Every person authorized to so receive any money shall 
 account to the council and to the trustees of the municipal 
 charities for all money received by him, and on his failure so 
 to account a court of summary jurisdiction may, on complaint 
 either of the council or of the trustees, by summary order 
 require him to do so. 
 
 [The effect of sections 45, 46, 47 and 48 of 7 Will. 4 and I Vict, c, 78 (1837) 
 is preserved in this clause]. 
 
 Jburough BricUjea.* 
 
 119. — (1.) Every bridge which is either wholly or in part in 
 a borough and which tiie borough and not the county wherein 
 the borough is situate is legally bound to maintain or repair 
 shall, as to the whole of the bridge if it is wholly in the borough, 
 
 • See hereon the Local Government Act, 1S88, particularlv section 6 and sections 
 81 to .S9.
 
 THE MUNICIPAL CORPORATIOXS ACT, 1SS2. 113 
 
 or as to such part only as is in the borough, be maintained, Borough 
 altered, widened, repaired, improved, or rebuilt under the sole '"'"i'*^- 
 management and control of the council. 
 
 (2.) For that purpose the council shall have all the powers 
 which the justices of a county have with respect to a county 
 bridge, but the notices required in the case of a county bridge 
 fchall not be required in the case of a borough bridge. 
 
 (3.) All expenses incurred for the purposes of this section 
 shall be paid out of the borough fund or borough rate, or out of 
 money borrowed on the security thereof. 
 
 (4.) The council, with the consent of the Treasury , may from 
 time to time borrow on that security such sums as they deem 
 requisite for any of those purposes, and may mortgage the 
 borough fund and borough rate for the purpose of securing 
 the repayment, with interest, of any money so borrowed. 
 
 [The effect of 13 & 14 Vict. c. 64 is preserved in this clause, hut the requiro- 
 meiit contained in that Act, that t(ie sum to be borrowed must exceed £l50 is 
 taken away, the machinery of borrowing is adapted to the modern practice, 
 and the form of mortgage fsee Form P, Part IV. of the Eighth Schedule) is 
 simplified]. 
 
 Loans for Municipal Buildings. Loans for 
 
 Municipal 
 
 120. — The council of a borough ma} borrow* money from the power to*' 
 Public Works Loan Commissioners for the purpose of building, buudhigs.'^ 
 enlarging, repairing, improving, and fitting up any building 
 which they are by this Act authorized to build, and may levy a 
 rate or an increase of the borough rate for the purpose of paying 
 the principal and interest of the loan, and may mortgage the 
 rate or borough rate to the Commissioners in accordance with 
 the Public Works Loans Act, 1875, or any amendment thereof, 
 in such manner and form as the Commissioners direct. 
 
 [Section 40 of the Act (38 & 39 Vict. c. 89) cited in this clause is that which 
 sets out the procedure. It is as follows : — " The justices for any county, or any 
 riding, division, parts, or liberty of a county, in general or quarter sessions, 
 assembled, may (if they resolve by a majority of not less than five justices so 
 to do) borrow money from the Loan Commissioners for the purpose of building, 
 rebuildmg, enlarging, repairing, improving, and fitting up any police station 
 and justices' room, and offices connected therewith, or any of such purposes, 
 and may levy a rate or any increase of a county rate for the purpose of p:\ying 
 the principal and interest of such loan, and may mortgage such rate or the 
 county rate to the Loan Commissioners in accordance with this Act. The 
 council of any borough may borrow mcnev from the Loan Commissioners for 
 the purpose oi building, rebuilding, enlarging, repairing, improving, and 
 fitting up any jjolice station and justices' room, and offices connected therewith, 
 
 * See the Analytical Table of Borrowing Powers at page 104 ante. 
 
 8
 
 lU 
 
 THE EXGLISH MUXICIPAL CODE. 
 
 J.f^iyis for 
 M ■miiipal 
 liiiildings. 
 
 or any of such purposes, and may levy a rate or an increase of the borough 
 rate for the purpose of payinii; the princij)al and interest of such loan, and 
 may inortga^-e such rate or the boroui>:h rate to the Loan Commissioners in 
 accordance with this Act. The said justices and council respectively shall 
 have ])ower to f^ive the mortgage in such manner and form as the Loan 
 Commissioners may direct "J. 
 
 Ail'Oirsfihs 
 and similar 
 liiflhti. 
 
 OhliLrations 
 mill powers 
 j'l respect of 
 ndvowsons, 
 kc. 
 
 AdvoKxona and similar Rights. 
 
 121. — (1.) Notwithstanding any sale by a municipal corpora- 
 tion of any advovvson, or of any right of nomination or presenta- 
 tion to a benefice, ecclesiastical preferment, or office of priest, 
 curate, preacher, or minister, whether the sale is made before or 
 after the commencement of this Act, the corporation and its 
 property shall continue liable to the same obligation (if any) of 
 providing for and maintaining or contributing to the mainte- 
 nance of any priest, curate, preacher, or minister, as if the sale 
 had not been made ; and that liability may be enforced by the 
 same means, at the instance of the Crown or otherwise, as if 
 this Act had not been passed, and the advowson or right had 
 remained vested in the corporation. 
 
 (2.) Where a municipal corporation holds land subject to an 
 obligation to provide a priest, curate, preacher, or minister, 
 nothing in this Act shall preclude the corporation from aug- 
 menting or endowing his office, either by assigning to him and 
 his successors in office a competent portion of the land, or by 
 charging thereon an annual stipend, cither in money or in kind 
 for his and their use and benefit, except that no such augmen- 
 tation or endowment shall be valid without the approval of the 
 Treasure/. 
 
 (3.) Where a municipal corporation sells a right of nomina- 
 tion to an ecclesiastical preferment, not being a benefice or per- 
 petual curacy, that preferment shall, from and after the sale, be 
 a benefice presentative, and the holder thereof and his succes- 
 sors shall be a body coi-porate, liaving perpetual succession and 
 capable of taking and h.olding in perpetuity all property granted 
 to or purchased for them by the Grovernors of the Bounty of 
 Queen Anne, or by other persons contributing with those 
 governors as benefactors. 
 
 [The effect of section 139 of the Act of 1835, and sections 2, 3 and 4 of 1 & 
 2 "Vict. c. 31 (183S), is preserved in this clause. Ihe case of Jline v. llcvnolds 
 (2 fecott's Kow Kip. 394 ; S. C. Man. k G 71) defined the power of nomination 
 and tlie right ot presentation under these statutes. This clause is, however, 
 clearly draited in accordance with the spirit of the decision cited].
 
 TEE MUXICIPAL CORrORATIOXS ACT, 1S83. 115 
 
 122. — (1.) Where at the passinf^ of the Municipal Corpora- Adrowsnna 
 tions Act, 1835, a borly corporate, or any particular class, ^^■l^;*^'"^'' "'' 
 number, or description of members thereof, or the governing Rp„,i]atio^g 
 body thereof, were in their corporate capacity, and not as ecclesiastical 
 trustees of a charity, seised or possessed of any manor or land l]ei"o°gmKto 
 whereto any advowson, or right of nomination or presentation TOrpMitTon. 
 to any benefice or ecclesiastical preferment was appendant or 
 appurtenant, or of any advowson in gross, or of any right of 
 Domination or presentation to a benefice, ecclesiastical prefer- 
 ment, or office of priest, curate, preacher, or minister, the 
 advowson or right, if not sold before the commencement of this 
 Act, shall be sold at such time and in such manner as the 
 Ecclesiastical Commissioners for England direct, so that the 
 best price be obtained for the same. 
 
 (2.) Upon any such sale the council shall, with the consent 
 in writing of those Commissioners, signed by any three or 
 more of them, convey, under the corporate seal, the advowson 
 or right to the purchaser, or as he directs, and the advowson or 
 right shall vest accordingly. 
 
 (3.) The proceeds of sale shall be paid to the treasurer and 
 invested in Government securities, and the income thereof shall 
 go to the borough fund; or those proceeds, or any part thereof, 
 may be applied towards the liquidation of any debt contracted 
 by the body corporate before the passing of the Municipal 
 Corporations Act, 1835. 
 
 (4.) Any vacancy arising before the sale shall be supplied by 
 
 the presentation or nomination of the bishop or ordinary of the 
 
 diocese in which the benefice or preferment is situate. 
 
 [The effect of section 139 of the Act of 1835, section 26 of 6 & 7 AVilh 4, 
 c. 77 (1836), section 3 of 6 & 7 Will. 4, c. 104 (1836), and section 1 of 1 & 2 Yict. 
 c. 31 (183y), is preserved in this clause. See also the note to preceding clause]. 
 
 Special Hates. Special Safrs. 
 
 123. — Where before the passing of the Municipal Corpora- Power to 
 
 ■'•'-'_ ^ '■ continue 
 
 tions Act, 1835, a rate might be levied in a borough for the '"''^'^es for 
 
 ' ' t5 o special 
 
 purpose of watching conjointly with any other purpose, nothing purposes. 
 in this Act shall prevent the levying and collecting of such a 
 rate for that other purpose solely, or affect the powers given in 
 any Act anterior to the Municipal Corporations Act, 1835, as 
 far as they relate to that other purpose ; but where the amount 
 of that rate might not before the passing of the Municipal 
 Corporations Act, 1835, exceed a given rate in the pound on 
 the Viilue of property rateable thereto, the rate to be leaded for
 
 lie THE EXGLISn MUNICIPAL CODE. 
 
 Special Rates, the other purposG solely shall not exceed such proportion of 
 that given rate as appears to have been expended for that other 
 purpose by an account of the average yearly expenditure during 
 the last seven years before the passing of the Municipal 
 Corporations Act, 1835, or dui'ing those of the same seven years 
 during which the rate was levied. 
 
 [The ofTect of section 84 of the Act of 1835 is preserved in this clause. Arable 
 and meadow lands beyond a limit of 200 yards from a street or continuous line 
 ol houses are not liable to a special rate. See Uallett v. Churchuardins of 
 J!, -iff h ton [7 E &B.,342; S.C. 26 L.J., M. C, 61). As to the taxing and rating 
 of municijial property, see Cooiiibcrv. Justices of Berkshire ^mi. the Mersey Dock$ 
 Hoard V. Lucas, 44 L.T.E., n.s. (345 & 687 (in respect of income tax); and 
 Mayor of Lincoln v. Holmes, Common L. R. 2 Q. B., 482 and lieff.y. Mayor of 
 Oldham, L.R.,3 Q. B. 474 (as to rating)]. 
 
 Misapplication Misapplication of Corporate Property*. 
 
 of Corporate 
 
 Property. 124*. -(1.) It. shall not be lawful for a municipal corporation, 
 
 Prohibition of or the council of a boroup^h, or a corporate officer, or a trustee, 
 
 funds^°'^"^'° or other person acting for a municipal corporation, to pay or 
 
 eiections''*^'^'^^ ^PP^J ^^Y money, stocks, funds, securities, or personal property, 
 
 of or held in trust for the corporation, in payment of any 
 
 expenses occasioned by a parliamentary election or incurred by 
 
 any person offering himself as a candidate at or before a 
 
 parliamentar}'' election. 
 
 (2.) Any bond, covenant, recognisance, or judgment given 
 by a corporation, council, officer, trustee, or person as aforesaid, 
 for securing payment of such expenses, shall be void. 
 
 (3.) Any payment, application, bond, covenant, recognisance, 
 or judgment made or given by a corporation, council, officer, 
 trustee, or person as aforesaid, for inducing any person to 
 labour in a parliamentary election at a future time, or to pay 
 or incur expenses as aforesaid at a future time, shall be deemed 
 to be forbidden and declared void by this section, although 
 colouraldy made or given for any other cause or consideration. 
 (4.) Any mortgage or otlier disposition of corporate land for 
 securing or satisfying any expenses or engagements incurred or 
 to be incurred as aforesaid, and any estate or charge thereby 
 created, shall be void. 
 
 (5.) Any resolution, bye-law, or other proceeding of a council, 
 purporting to direct or authorize any payment or thing for- 
 bidden by this section, or made or adopted for evading the 
 provisions thereof, shall be void. 
 
 (6.) If any member of a municipal corporation authorizes or 
 directs any payment or application forbidden by this section, or 
 
 • By section 75 of the Local Goveinmcnt (England and Wales) Act, 1888, this section 
 IB directed to apply to county councils. See Appendix.
 
 THE MUNICIPAL CORrORATIONS ACT, 1S82. 117 
 
 assents to, or concurs or participates in, any affirmative vote Misapplication 
 
 or proceeding relating thereto, or signs or seals in his individual promrtv"^^" 
 
 capacity, or affixes the corporate seal to, any instrument by this 
 
 section declared void, he shall be guilty of a misdemeanour,* 
 
 and, on conviction thereof in the High Court, shall, in addition 
 
 to such punishment as the court awards, be for ever disabled to 
 
 take, hold, or exercise any office in the same corporation. 
 
 (7.) If any corporate officer, trustee, or other person as afore- 
 said, makes, or concurs in making, any payment or application 
 of money or property as aforesaid, he shall be deemed to have 
 done so in his own wrong, and he shall be individually liable to 
 repay and make good the amount or value thereof to the corpo- 
 lation, notwithstanding any release or pretended indemnity 
 given to him in the name or on behalf of the corporation. 
 
 (8.) Any two or more burgesses may bring and prosecute any 
 action in the name of the corporation against any officer, trustee, 
 or person making any illegal payment or application as aforesaid, 
 as if they, their executors and administrators, were jointly and 
 severally appointed the irrevocable attorneys of the corporation 
 for that purpose ; but the plaintiffs shall, on the application of 
 the defendant, give reasonable security, as the court directs, for 
 costs, as between solicitor and client. 
 
 (9.) Nothing in this section shall affect the provisions of the 
 Ballot Act, 1872, or of any other Act for the time being in 
 J'orce regulating the payment by the returning officer or other- 
 wise of expenses t relating to parliamentary elections. 
 
 [As regards boroughs within this Act, c. 69 of 2 & 3 Will. 4 (1833) is repro- 
 duced in this clause]. 
 
 Transitory Provisions. Transitory 
 
 Provisions. 
 
 125. — (1.) In the several cases following : Transferor 
 
 {a.) Where before the fifteenth of May one thousand eight made before 
 hundred and sixty J the Treasury on approving of a mortgage of of trustees. 
 corporate land had required a sinking fund in names of trustees ; 
 {b.) Where before the same day the Treasury , on approving 
 of the payment to a corporation or their treasurer of ] urchase 
 money for or compensation in respect of corporate land, or of 
 money arising from sale of Government securities in which the 
 
 • The severe penalties following hereon have been noted at page 11 1 ante (footnote), 
 t See as to these, section 8 of 35 & 36 Vict. c. 33 (The BaUot Act, 1872) and section 2 
 of 38 & 39 Vict. c. 84. 
 X The date of passing of the Municipal Corporations Mortgages Act, 1860.
 
 118 
 
 IHE EXGUSII MUNICIPAL CODE. 
 
 Tiiii'sitnrt/ 
 Jfrorisiiius. 
 
 same had been invested, had required provision for raising by 
 investments in names of trustees an amount equivalent to the 
 amDunt so paid ; 
 
 (c.) Wiiere before the same day the Treasury, on approving 
 of a sale or alienation of corporate land, had required the 
 investment of the proceeds in niimes of trustees ; 
 
 The Trcasiirij, if they have not so done before the commence- 
 ment of this Act, may require any securities in which any such 
 investments had been made to be transferred into the name of 
 the corporation in the matter of this Act, or may require any 
 money applicable for the purposes of such sinking fund to be 
 invested in the purchase of Government annuities in the name 
 of the corporation and in the matter of this Act. 
 
 (2.) The order in writing of the Treasury for that purpose 
 shall be a sufficient discharge to the trustees from all claims in 
 respect of the transfer of the securities in pursuance of the 
 order. 
 
 (3.) The Treasury may, in the cases aforesaid, give such direc- 
 tions as they might give in the analogous cases in this Part 
 provided for, arising after the commencement of this Act, or as 
 near thereto as circumstances require, and the provisions of this 
 Part sludl apply accordingly. 
 
 (4.) AVhere any such transfer as aforesaid has before the 
 commencement of this Act been made into the name of the 
 corporation in the matter of any Act repealed by this Act, this 
 Act shall, if (he Treasury so direct, be substituted in the title 
 of the account for that Act. 
 
 [The effect of stction 6 of 23 & 24 Vict. c. 16 (18G0) is preserved in this clause]. 
 
 Bcheinere- 126. — Where in a borough any mortgage debt had been before 
 
 m.oTtg^<% debts the fifteenth of May one thousand eight hundred and sixty in- 
 1860. curred, for discharge of which no adequate provision then existed, 
 
 the council, if they have not so done before the commence- 
 ment of this Ac!, may submit to the Treasury any scheme for 
 the dischaige thereof by instalments, or a sinking fund, or both, 
 extending over any term of years, and if the Treasury approve 
 of the scheme, the suras required for discharge of the debt as 
 proposed therein shall, by virtue of this Act, become charged 
 on all or any part of the corporate land, or the borough fund, 
 or borough rate, or any other rate applicable to discharge of 
 the debt, or on all or any of those securities, as the Treasury
 
 THE MUNICIFAL CORPORATIONS ACT, 18SS. 119 
 
 direct, and the provisions of this Part applicable for repayment Transitory 
 of money borrowed on mortgage b)-- a sinking fund, or instal- 
 ments, or both, except the limitation to a period of thirty years, 
 shall apply for discharge of the debt. 
 
 [The effect of section 10 of 23 & 24 Vict. c. 16 (1860) is preserved in this 
 clause]. 
 
 127. — Where in a borough debts had from time to time before Consolidation 
 
 . Ill- of debts 
 
 the fifteenth of May one thousand eight hundred and sixty, incurred befoi* 
 been incurred under Acts of Parliament, with different periods 
 assigned for discharge thereof, the council, if they have not so 
 done before the commencement of this Act, may, with the con- 
 sent of the Treasury, and with the previous consent in writing 
 of the persons or bodies corporate to whom the debts are owing, 
 consolidate the debts into one, and provide for discharge of the 
 consolidated debt by annual instalments, or a sinking fund, or 
 both, extending over a period not exceeding thirty years, and 
 make the instalments or payments a charge on the borough 
 fund, or borough rate, or any other rate applicable to the dis- 
 charge of the debts, or on all or any of those securities, as the 
 Treasury direct. 
 
 [The effect of section 11 of 23 & 24 Vict. c. 16 (1860) is preserved in thia 
 clause. See also note to section 118, page 111 ante]. 
 
 128 — Nothinc? in this Act shall affect any power to sell, saving for 
 
 * *" " /? sales, &c., m 
 
 mortcrase, alienate, or lease corporate lands in pursuance of an pursuance of 
 
 o o ' ' ■»• ^ past con- 
 
 agreement made on or before the fifth day of June one thousand tracts and 
 
 D .^ _ resolutions, 
 
 eight hundred and thirty-five, or of a resolution entered in the 
 books of a body corporate on or before that date. 
 
 [The effect of section 94 of the Act of 1835 is preserved in this clause]. 
 129. — Nothiuff in this Act shall prevent the levying or saving for 
 
 " ^ •' '=' rates in respect 
 
 collection of any rate for the purpose of paying any debt of pa»>t debts, 
 contracted before the commencement of this Act or any interest 
 thereon. 
 
 [The effect of the proviso to section 85 of the Act of 1835 is preserved in this 
 
 clause] . 
 
 130. — It shall not be lawful for the council of a borough of ^a^i^'^^gjor 
 which the body corporate had before the passing of the Municipal re^p|;p"''^f™ 
 Corporations Act, 1835, contracted any lawful debt chargeable to"sordue*. 
 on any tolls or dues belonging or payable to that body corporate,
 
 120 
 
 THE EXGLISM MUXICIFAL CODE. 
 
 Tfansitort/ 
 i'rovitions. 
 
 Bavinp for 
 
 lawful debts 
 
 contracted 
 
 before 
 
 fi \ 6 Will. 4, 
 
 c. 76. 
 
 or to any member or officer thereof in his corporate capacity, or 
 towards the satisfaction whereof such tolls or dues or any pait 
 thereof were or was applicable before the passing of that Act, to 
 alter or reduce the amount to be levied and payable of such tolls 
 or dues, or to grant for any consideration any remission thereof 
 or exemption therefrom or of or from any part thereof, except 
 with the consent in writing, under the hands of a majority in 
 numher and amount, of the creditors to whom the deht is due, 
 until after the debt and all arrears of interest due thereon have 
 been fully paid and satisfied. 
 
 [The effect of the proviso of section 92 of the Act of 1835 is preserved in this 
 clause] . 
 
 131. — (1.) Notwithstanding anything in this Act, the appli- 
 cation of the borough fund to the several payments specified in 
 the Fifth Schedule or otherwise authorized by this Act shall 
 be subject to the payment of any lawful debt due from the 
 municipal corporation to anyperson which was contracted before 
 the passing of the Municipal Corporations Act, 1835, and is 
 unredeemed, or of so much thereof as the council from time to 
 time are required or deem it expedient to redeem, and to the 
 payment from time to time of the interest on so much thereof 
 as remains unredeemed. 
 
 (2.) The council may from time to lime execute under the 
 corporate seal any deed or obligation in the name of the corpo- 
 ration for securing repayment and satisfaction of any such debt 
 or obligation contracted by or on behalf of the corporation 
 before the passing of the Municipal Corporations Act, 1835. 
 
 [As to obliL'ations — In Iteg. v. Corporation of Lichfield (4 Q. B., 893) the council 
 elected under 5 & 6 "Will. 4, c. 76, borrowed the sum of £200 to repay their 
 treasurer certain sums which he had paid to creditors of tlio old unreformed 
 corporation. They gave a promissory note to the party lending the money. 
 They did not, however, hand over this money to the treasurer, but allowed him 
 to receive their then accruing income in reduction of what was due to him, 
 and applied the £2ii0 to purposes to which the income would have been applic- 
 able. It was held, that the corporation had no right to give the promissory 
 note, for it was not given to secure a debt contracted before the passing of 
 .5 & 6 Will. 4, c. 76. This led to the passing of 7 Will. 4 and 1 Vict. c. 78. 
 aectiou itf, of which is reproduced in the following bubsection ^3)]. 
 
 (8.) ^loney borrowed by a council for the purpose of being 
 applied, and applied in or towards satisfaction and discharge of 
 any such pre-existing debt or obligation, shall be deemed to be 
 a debt contracted by or on behalf of the corporation before the 
 passing of the Municipal Corporations Act, 1835.
 
 THE MUNICIPAL CORPOBATIONS ACT, 1SS2. 121 
 
 [The eflfcct of section 92 of the Act of 1835, section 1 of 6 & 7 Will. 4, c. 104 Transitory 
 (1836), and section 28 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this Provisions. 
 clause J . 
 
 132. — Nothinsr in this Act shall make liable to the payment of saving against 
 
 ,,,,,. new liability 
 
 any debt contracted by any body corporate ot a borouj^h before to debts con- 
 
 •' J .1 J i. cj tracted bot'oro 
 
 the passing of the Municipal (Corporations Act, 1835, any part ^"^l^^^^-** 
 of the real or personal estate of that body corporate which 
 before the passing of that Act was not liable thereto or 
 authorize the levy of any rate within any part of any borough 
 for the purpose of paying any debt contracted before the 
 passing of that Act, which before the passing of that Act could 
 not lawfully be levied therein towards payment of the same. 
 
 [The effect of section 92 of the Act of 1835 is preserved in this cTa'ise'j
 
 122 THE EXGIJSII MUNIVIPAL COBB. 
 
 PAirr vr. 
 
 OlIAmTABI.K AND OTHER TrUSTS AND PoWERS. 
 
 Chnritablt Charitable Trusts.^ 
 
 Tritnts. 
 
 Administration 133. — (1-) ^herc at the pass'ing of the Municipal Corpora- 
 
 of charitable ■ r> i 
 
 trusts and tioDs Act, 1835, the body coiporate of a borouo;h, or any one or 
 
 vesting of legal ' ' " „ . , . , . ., 
 
 estate. more of the members thereof, m his or their corporate capacity, 
 
 stood solely, or together with any person or persons elected 
 solely by that body corporate, or solely by any particular 
 number, class, or description of members thereof, seised or pos- 
 sessed, for any estate or interest, of land, in whole or in part in 
 trust cr for the benefit of any charitable uses or trusts, and the 
 legal estate in that land was, at the passing of the Municipal 
 Corporations Act, 1835, Tested in the body corporate or person 
 or persons so seised or possessed thereof, and was by the Chari- 
 table Trusts Act, 1853,t vested in the trustees appointed by the 
 Lord Chancellor under the Municipal Corporations Act, 1835, 
 or such of them as should be surviving and continuing trustees 
 under that appointment, according to the respective estates and 
 interests therein, and subject to such and the same charges and 
 incumbrances, and on such and the same trusts, as the same 
 were subject to before sucli vesting, then, in every case, on the 
 death, resignation, or removal of any trustee, and on any ap- 
 pointment of a now trustee, the legal estate in that land and in 
 all other lands subject to any such charitable uses or trusts for 
 
 • Frimi't facie a municipal corporation ha^^ full power to dispose of all its property 
 like a private individual, and it lies ou the person alleging the contrary to cstahUsh a 
 trust. — Eraii v. Avon ( Corporatio)!), 29 Bevau, 144. Tlie Attorney-General has power 
 to restrain or afterwards impeach the alienation of corporate property made pending 
 the granting of a cliarter. Until the repi al of the 97th section of the 5 & 6 Will. 4, 
 c. 7(5, by the Statute Law Revision Act, 1874, the alienation of coii)orate property after 
 fonnal notice has been given by the Cro\vn of its intention to grant a charter could 
 be impeached under its provisions. 
 
 t The 1(5 & 17 Vict. c. 137, b. 65.
 
 THE MUXICIPAL CORPORATIONS ACT, 1882. 123 
 
 tlie time being vested in the trustees or any of them, or in any C/mrita'ih 
 j'ersous or the heirs or devisees of any person deceased, re- "" ** 
 signed, or removed, shall vest in the persons who after such 
 death, resignation, or removal, and such appointment of a new 
 trustee, continue or are the trustees for the time being, without 
 any conveyance or assurance. 
 
 [It was held in Rex v. Sanley (5 A. & E.. 423) that sectioa 71 of the Act of 
 1S35 iii>plie(i to all cases where property had been granted to a corporation sub- 
 ject to a payment for charitable purposes imposed by the grantor. As to what 
 constitute charitable tr.ists within the meaning of the words of the section, see 
 in le Oxioid Cliaritits (3 ^lyl. & Cr., 239), wherein it was held that property 
 appropriated by the corporation for the maintenance of lecturers to preach b-f ore 
 the coiporate bodj' was not property to be regarded or held as a charitable trust. 
 But tolls granted by charter to a corporation for tne reparation of the ■« alls and 
 bridges of a borough are iiifts from charitable persons within 39 Eliz. c. S, to be 
 administered in tiie C'ouit of Chancery. — Atiortieij-Geiural v. Corporation of 
 Slirewsbury (6 Beav\, 220). This statute also enables a corporation to "found 
 hospitals for the j^oor, and to incorporate them." See in re Corporation of 
 2\^twcastle (12 CI. k. F., 402)]. 
 
 (2.) Nothing in this section shall take away, abridge, or 
 prejudicially aliect any power, authority, or jurisdiction of the 
 Charity Commissionei's for England and Wales. 
 
 [The effect of section 71 of the Act of 1835, section 65 of 16 & 17 Vict. c. 137 
 (1653), and section 2 of 23 & 24 Vict. c. 136 (1860), is preserved in this clause]. 
 
 Special Trusts and Poicers. Special Tmsu 
 
 and Foivtrs. 
 
 134. — The municipal cornoration of a borough shall be Corporation 
 
 . ' Ml to be trustee 
 
 trustees * lor executmg by the council f the powers and pro- "^^ere cor- 
 visions of all Acts of Parliament made before the pasting of the t^'ustees. 
 Municipal Corporations Act, 1835 (other than Acts made for 
 securiiig charitable uses and trusts), and of all trusts (other 
 than charitable uses and triists) of which the body corporate of 
 the borough, or any of the members thereof in their corporate 
 capacity, was or were sole trustees % before the first election of 
 councillors in the borough under the Municipal Corporations 
 Act, 1835. 
 
 [The effect of section 72 of the Act of 1835 is preserved in this clause]. 
 
 • The word " trustees " means trustees, commissioners, or directors, or the persons 
 cliiirCTed with the execution of a trust or public duty, however designated. See section 7. 
 
 f In lUg. V. Corjioratioii of Foole it was held that the council were substituted for 
 the mayor, baihti', and burgesses, who under a local Act, had the management of 
 certain quay and harbour dues, but that the councU were strictly boimd by the pro- 
 visions of the lucai Act. 
 
 \ The case of Staniland v. HopMns (9 M. & W., 178) clearly construed that the 
 body corporate shoidd be trustees or commissioners for executmg, by the town council, 
 the powers and provisions of all Acts of Parliament, under which the old body corpo- 
 rate, or any of the members thereof in their corporate capacity, were sole trustees.
 
 124 
 
 THE EXGLISE MUXICIPAL CODE. 
 
 Special Trusts 
 and rowers. 
 
 AppointTncnt 
 of members 
 of council to 
 be trustees 
 in cases of 
 joint trusts 
 and other 
 cases. 
 
 Local Ads. 
 
 Transfer of 
 powers 
 of local 
 authorities 
 to municipal 
 corporations. 
 
 135. — (1.) In every borough in which the body corporate, or 
 a particuhir or limited number, class, or description of members 
 thereof, or of persons appointed by the body corporate, was or 
 were before the passing of the Municipal Corporations Act, 
 1835, trustees jointly with other trustees for the execution of 
 any Act of Parliament, or of any trust, or in which the body 
 corporate, or any particular or limited number, class or descrip- 
 tion of members or nominees thereof, by any statute, charter, 
 bye-law, or custom, before the passing of the Municipal Corpo- 
 rations Act, 1885, was or were, lawfully appointed to or 
 exercised any powers, duties, or functions, not otherwise in the 
 Municipal Corporations Act, 1835, or this Act, provided for, and 
 the continuance of which is 7iot inconsistent with the provisions 
 of the Municipal Corporations Act, 1835, or this Act, the 
 council, on the day prescribed in any Act of Parliament as 
 aforesaid, or in the deed or will by which the trust is created, 
 for a new election, nomination, or appointment of trustees, or 
 on which a new election, nomination, or appointment has usually 
 been made (and if there is no day prescribed or usually observed, 
 then on or within ten days after the first of January in every 
 j-ear), shall appoint the like number of members of the council, 
 or as near as may be to the like number of members of the 
 council, as there were theretofore members or nominees of the 
 body corporate of the borough who in right of their office were 
 such trustees, or charged with the execution of such powers, 
 duties, -and functions, in room of the members or nominees of 
 the body corporate ceasing to be trustees, or ceasing to exercise 
 such powers, duties, and functions by virtue of the Municipal 
 Corporations Act, 1835. 
 
 (2.) In every case of extraordinary vacancy among the 
 trustees or persons so appointed, the council shall forthwith 
 appoint one other member of the council in the room of the 
 person by whom the vacancy has been made, to hold his trust 
 or office for such time as that person w^ould regularly have 
 held it. 
 
 [The effect of section 73 of the Act of 1835 is preserved in this clause]. 
 
 Local Acts. 
 
 136. — (1-) The trustees appointed or acting by or under any 
 lociil Act of Parliament for the time being in force, for paving, 
 lighting, supplying with water or gas, cleansing, watching,
 
 TEE MUNICIPAL COIilOItATIONS ACT, ISS^. 12.') 
 
 regulating, or improving, a borough, or any part thereof, or for Local AcU. 
 providing or maintaining a cemetery or market in or for a 
 boruugh, or any part thereof, whether in any such case their 
 powers under the local Act do or do not extend beyond the 
 borough, may, if they think fit, at a meeting called for this 
 purpose, transfer to the municipal corporation of the borough, 
 with the consent of the council but not otherwise, all the rights, 
 powers, estates, property, and liabilities for the time being 
 vested in or imposed on the trustees under the local Act. 
 
 [The corporf.tion have power to defray the expenses of such transfer under 
 35 & 36 Vict. c. 91 (1872)J. 
 
 (2.) The transfer shall be made in writing under the com- 
 mon seal of the trustees if they are a corporation, and if not, 
 then by deed executed by the trustees, or by any two of them 
 acting by their authority and on their behalf. 
 
 (3.) On the transfer being made, the municipal corporation 
 shall become and be the trustees for executing by the council 
 the powers and provisions of the local Act ; and all the rights,' 
 powers, estates, and property vested in the transferring trustees 
 shall vest in the corporation ; and all the liabilities and obliga- 
 tions of the transferring trustees shall be transferred to and 
 borne by the corporation,* and the transferring trustees shall 
 be discharo;ed therefrom. 
 
 o^ 
 
 [The effect of sections 2 and 3 of 20 & 21 Vict. c. 50 (1857) is preserved in 
 this clause]. 
 
 137« — (1-) Where at the passing of the Municipal Corpora- Power for 
 tions Act, 1835, there was a local Act of Parliament for lighting extend locai 
 part of a borough then incorporated, the council may, if they 
 think fit, make an order that any specified part of the borough 
 not within the provisions of any such local Act shall, after a 
 day fixed in the order, be within those provisions ; and after that 
 day the part so specified shall be within those provisions, as far 
 as relates to lighting, or to any rate authorized to be levied for 
 lighting. 
 
 (2.) But the part so specified shall be lighted in like manner 
 as those parts of the borough which before the making of the 
 order were within those provisions ; and any rate raised for the 
 purpose of defraying the expenses of lighting the part so 
 
 • See Siuliiford v. Kelle (L.E., 1 Q.B., 549) as to the extent of the power vested in 
 the transferring autLoiity (the borough and town of Margate).
 
 126 THE EXGLISn MUNICIPAL CODE 
 
 joca . c s. gpgQ^ge^ shall not exceed the average expense in tlie pound of 
 
 lighting the other parts of the borough. 
 
 [The effect of section 87 of the Act of 1835 is preserved in this clause. See 
 also 38 & 39 Yict., c. 6o, s. 161, as to the "lighting" powurs of a council as 
 an Urban Sanitary Authority.] 
 
 FxerciBeof 138. — Evcrj'thing * provided under any local Act of Parlia- 
 
 locai Acts. raent in force on the twentieth of August, one thousand ei^^ht 
 liundred and thirty-six, to be done exclusively by a particular 
 or limited number, class, or description of the members of any 
 body corporate named in the Schedules to the Municiiial Cor- 
 porations Act, 1835, the continuance of which was not incon- 
 sistent with the provisions of that Act, and everything provided 
 in any such local Act to be done by the justices, or by some 
 particular class or description, or members of such body cor- 
 porate, being justices, at a court of quarter sessions, which did 
 not relate to the business of a court of criminal or civil judica- 
 ture,t if the same respectively has been lawfully continued to 
 be done up to the commencement of this Act bj the council, or 
 a committee thereof, shall be continued thereafter to be done 
 by the council at a quarterly meeting, or by any three of a 
 committee of the council appointed at such a meeting, 
 
 ['ITie effect of section 8 of 6 & 7 Will. 4, c. 105 (1S3S) is preserved in 
 this clause]. 
 
 • This does not repeal or alter any other powers conferred by previous s ctions, hut 
 gives nihiitionul authority. See hereon Sianiland v. llopldns (9 M. & W., ITS). 
 
 f The reduction of fees payable to an overseer and clerk of a local Court of Kequests 
 by the town council professing to act under the powers here given was held to bo 
 nnauth rized, the re^iulation of such fees being clearly a matter reh.ting to the 
 " business of a court of civil judicature." — Foiotll v. Powell (6 M. ii W., G27j.
 
 TUE MUNICIPAL CORI'ORATIOXS ACT, ISSi. 127 
 
 PAET VII. 
 Borough Fund: Borough Rate: County lt\TF. 
 
 Borough Fund. fJhI^ 
 
 139. — Tlie rents and profits of all corporate land, and the Paymems .o 
 
 •■■ '■ borough. 
 
 interest, dividends, and annual proceeds of all money, dues, fund. 
 chattels and valuable securities belonging or payable to a 
 municipal corporation, or to any member or officer thereof in 
 his corporate capacity, and every fine or penalty for any ofience 
 against this Act (except where and as far as the application 
 thereof is otherwise provided for) shall go to the borough fund. 
 
 [The effect of section 92 of the Act of 1835 is preserved in this clause, which 
 excludes the expemliture of the principal of any moneys belonging to borough. — 
 £x parte the Corporation of Kytnc (4 Y. & Coll., 55). 
 
 140. — (1.) The borough fund shall be applicable to and ^ppiicatiou 
 
 ■*■ ■■■^ ^ ' '^ _ ^ ■*• _ of borough 
 
 charged with the several payments specified in the Fifth ^'^^'i- 
 Schedule. 
 
 (2.) The payments specified in Part I. of that schedule may 
 be made without order of the council ; those specified in Part II. 
 may not be made without such order*. 
 
 The two Parts of the Fifth Schedule are as follows : — 
 
 Payments Out of the BoRoroH Fund. 
 Part I. 
 Payments which may he made without Order. 
 
 1. The remuneration (if any) of the mayor, of the recorder (if anj"-) in his 
 capacity either of recorc^er or of judge of a borough civil court, of the stipendiary 
 magistrate (if any), of the tov^n clerk, of the treasurer, of the clerk of the peace 
 when paid by salary, of every other ofhcer appointed by the council, and of the 
 clerk to the justices. 
 
 2. The remuneration and allowances certified by the Treasury to be payable 
 to the Treasury in respect of an election petition. 
 
 3. I'he remuneration certified by the recorder to be due to any assistant 
 recorder, astittant clerk of the peace, or additional crier. 
 
 • County boroiighs under the Local Government Act, 1838, are excluded from the 
 requirements of that statute in respect r>f the payment by a county council of any sum 
 exceeding £50. See section 80 of that Act.
 
 128 TRE ENGLISH MUyiCIPAL CODE. 
 
 Borough 
 
 Fund. l^AKT 11. 
 
 Faijments which may not be made without Order. 
 
 13 & u Virt. 1. The expenses incurred by overseers, and by the town clerk and other 
 
 c. 42, 8.3 (iboO). municipal authorities, in relation to the enrolment of liuri^esscs and ihe hoMinjj 
 •It ± 4*' V' t "^^ municipal elections, or so much of those expenses as is not otherwise provided 
 c 26 (ii7p) f*^"" under section thirty of the Parliamentary and Municipal Registration Act, 
 
 1878. 
 
 2. The expenses incurred by the town clerk in providing accommodation for 
 an election court held under this Act. 
 
 3. The expenses of providing?, furnishing, maintaining, or improving the 
 corporate buildmgs, including the justices' room (if any), and the necessary 
 expenses of that room. 
 
 4. The fees payable to the clerk of the peace if not paid by salary, and under 
 this Act to the borough coroner. 
 
 6. The payments to be made under this Act to or in respect of the borough 
 
 police and to any special constable, including the following payments (namely) ; 
 
 {'I.) Such salaries, wages, and allowances to the borough constables, and 
 
 at such periods, as the watch committee, with the approbation of the council 
 
 direct; and 
 
 (b.) Such further sum a? may be awarded by the watch committee, 
 eubiect to the approbation of the council, or by the court of quarter or petty 
 sessions, to a borounh constable as a reward for extraordinary diligence or 
 exertion, or as a compensation for wounds or severe injuries received in the 
 performance of his duty, or as may be awarded by the watch committee, 
 subject to the approbation of the council, to a borough constable, as an 
 allowance to him when disabled by bodily injury, or worn out by length of 
 service ; and 
 
 (c.) Any extraordinary expenses which a borough constable appears to 
 have necessarily incurred in apprehending offenders and executing the 
 orders of any justice having jurisdiction in tho borough, such expenses 
 having been first examined and approved by that justice ; and 
 
 {d.) All other charges and expenses which the watch committee, subject 
 to the approbation of the council, direct to be p.iid for the purposes of tha 
 borougli cou.stabulary force. 
 [See hereon Heff. v. Maijor of Exeter, 44 L.T. (n.s.) 101, where certain costs, in- 
 curred by a chief constable in prosecuting a person without satisfactory reason, 
 Were disallowed on the ground that monetary penalties involved in an exce s of 
 duty were not a matter comprised in the " purposes " of the constabulary force.] 
 
 6. The costs and expenses payable by the corporation in respect of the pro- 
 secution, maintenance, conveyance, transport, or punishment of offenders. 
 
 7. All sums payable under this Act by the corporation of the borough to the 
 treasurer of a county. 
 
 8. '1 he expenses of and incidental to the division of a borough into wards or 
 the alteration of wards, including,' the remuneration of the commissioner 
 appointed for the purposes of the division or alteration. 
 
 9. iSuch renmncration to the clerk to any c mmissioners for taxes in respect 
 of making copies of assessments as the council think reasonable. 
 
 10. The expenses of and relating to a charter of incorporation for a borough, 
 and of and relating to all elections acts and proceedings under the charter. 
 
 11. All expenses charged on the borough fund by any Act of Parliament or 
 otherwise by law. 
 
 12. All other expenses, not by this Act otherwise provided for, necessarily 
 incurred in candying this Act into effect. 
 
 (3.) No other payment shall be made out of the borough 
 fund, except — 
 
 {a.) Under the authority of an Act of Parliament ; or 
 
 {b.) By order of the council ; or 
 
 (c.) By order of the court of quarter sessions for the 
 
 borough ; or 
 (rt.) By order of a justice in pursuance of this Act ; or
 
 THE MUXK'IPAL CUIU'UllATIOXS ACT, 1S8S. 129 
 
 (('.) In cases in wbieb ihe court of quarter sessions for a Borovgh 
 
 county, or a justice acting in and for a county in the 
 
 discharge of Lis judicial duty, might make an order for 
 
 the pa}n'ient of money on the treasurer of the county. 
 
 (4.) Saving, nevertheless, in relation to the application of the 
 
 borough fund as authorized by this section, or otherwise by this 
 
 Act, all rights, interests, and demands of all jiersons in or on the 
 
 real or personal estate of the municipal corporation, by virtue 
 
 of any I'^gal proceeding, or of any mortgage; or otherwise. 
 
 [The effect of sections 59 and 92 of the Act of 1835, and section 30 of 41 & 42 
 Vict, c 26 (IS; 8), is preserved in this clause. As to whether corporate property 
 held for public purposes can be taken in execution, see Doe don. Parr v. Roe 
 (1 Q. bJ., 7U0). As regards authority of council to oppose a local bill and 
 defray expenses from borough fund, vrhere no surplus, see R'g. v. Mayor of 
 Shejfield (L.H., 6 Q.B., 652) contra At tornen -General v. Mayor of Wigan 
 (1 Kay, 268). The saving in subsection 4 is framed with reference to Arnoldv. 
 Mayor of Gravesend (2 K. & J., 574)]. 
 
 141. — (1.) An order of- the council for payment of money orriers for 
 out ot the borough fund shall be signed by three members of m6n™yr 
 the council, and countersigned by the town clerk. 
 
 (2.) Any such order may be removed into the Uueen's Beuch 
 Division of the High Court by writ of certiorari,* and may be 
 wholly or partly disallowed or confirmed on motion and hearing, 
 with or without cost-, according to the judgment and discre- 
 tion of the court. 
 
 [The eff'ect of section 59 of the Act of 1835, and section 44 of 7 Will. 4 & 1 
 Vict. c. 78 (1837) is preserved in this clause As to payment of the cost 
 of a dinner to manorial juries from the borough fund, where the corporation 
 were lords ot the manor, see R^g. v. Mayor of Bideford, 47 J P. 756, by which 
 the expenditure was declared to be without authoritj'. See JFardv. Mayor, ^-e., 
 of Shcf/iehl (19 Q.B D., 22), wherein Cave J. (in 1887) he/d that the T(-wn 
 Council of a borough was not bound under the Public Hralth Act, 1875, 
 Schedule II., rule 19, to keep a register of owners and proxies for the purpose 
 of taking a poll in the borough with respect to the application under 35 & 36Vict. 
 c. 91 of the borough fund in opposing local and personal Bills in Parliament j. 
 
 142. — (1.) All payments to and out of the borough fund P^iymentsto 
 
 shall be made to and by the treasurer. treasiuer. 
 
 (2.) All payments to the treasurer shall go to the borougli fund. 
 
 [The effect of section 92 of the Act of 1835 is preserved in this clause. The 
 court will not issue mandamus to the mayor to pay over money arising from the 
 rent of corporate property to the treasurer of the borough unless application 
 be made by the treasurer, or after he has been required to demand such money 
 from the mayor. — Reg. v. Frost (8 A. & E., 832)j. 
 
 143. — (1.) If the borouffh fund is more than sufficient for ^pp^'^^^'ion of 
 
 ^ ' ... . suriilus ot 
 
 the purposes to which it is applicable under this Act, or other- borough funa, 
 
 * The cases bearing; upon this power of removal are Reg. v. Mayor of Liveryool 
 41 L.J.. Q.B., 175) ; Reg. v. Mayor of Bridgvater (10 A. & E., 281) ; Reg. v.Faiavwre 
 lb. 286) ; Req.v. ToiunCouncil vf Lichfield (4Q.B., 893) ; AHdrney-Generalw Mayor 
 of Wigan (1 Kay, 286); Rea. v. Miyoraiid Corporation of Sheffield i'M.'R., 6 Q.B., 6.V2); 
 Reg.y. Prest (16 Q. B., 32); Reg. v. Dunn (5 Q. B., 9.-.9 ; Reg. v. Oreene{i. Q.B., 646). 
 
 9
 
 130 
 
 THE ENGLISU MUXICIPAZ CODE. 
 
 Porowjk 
 Fund. 
 
 wise by law, the surplus thereof shall be applied under the 
 direction of the council for the public benefit of the inhabitants 
 and improvement of the borough. 
 
 (2.) If the surplus arises from the rents and profits of the 
 property of the municipal corporation, and not from a borou<^h 
 rate, and the borough is a sanitary district under the Public 
 Health Act, 1875, then the municipal corporation, as the 
 sanitary authority for the borough, may apply the surplus in 
 payment of any expenses incurred by them as such sanitary 
 authority, before or after the commencement of this Act, in 
 improving the borough, or any part thereof, by drainage, 
 enlargement of streets, or otherwise, under the Public Health 
 Act, 1875, or any Act thereby repealed. 
 
 [The effect of section 92 of the Act of 183o, and section 12 of 23 & 24 Vict. 
 c. IG (1860), ispicserved in this clause. The watch committee of Liverjiool, 
 the borough fund of which town hud a surplus, made an order on the borough 
 treasurer for the payment of the costs of a police officer who had prosecuted a 
 newspaper for a libel upon him in the discharge of his duty. Held that such 
 order was not in respect of an "allowance," nor a charge or expense for the 
 purposes of the constabulary force within the meaning of sec. 82 of 5 & 6 
 Will. 4., c. 76, nor an aiiplication of the fund for the public benefit of the 
 inhabitants of the borough within sec. 92, and that a rule must go for a 
 certiorari to bring up the order for the purpose of being quashed. Reg. v. 
 The Mayor and Town Council of Liverpool (41 L. J. R., N. S., Q. B., 175.) 
 This section removes all difficulty whore a surplus exists, and invests the council 
 ■with an absolute discretion as regards outlay for the public benefit and improve- 
 ments of the borough]. 
 
 Birnugh 
 Hate. 
 
 Power 
 for council 
 to maKe 
 boronph rate 
 and nsi^e.ss 
 contribution 
 thereto. 
 
 Borough Ratn. 
 
 144. — (1.) If the borough fund is insufficient for the pur- 
 poses to which it is applicable under this Act or otherwise by 
 law, the council shall from time to time estimate, as correctly 
 as may be, what amount, in addition to the borough fund, will 
 be sufficient for those pur2")oses. 
 
 (2.) In order to raise that amount, the council shall, subject 
 to the provisions of this Act, from time to time order a rate, 
 called a borough rate, to be made in the borough. 
 
 [A borough rate is valid though not made in public. Jones v. Johnson 
 (6 Ex., 862)]. 
 
 (3.) A borough rate may be made retrospectively, in order 
 
 to raise money for the payment of charges and expenses 
 
 incurred, or which have come in course of payment, at any time 
 
 within six months before the making of the rate. 
 
 {See Wood^ v. Reed (2 M. & "W., 777), Attorney-General v. Corporation of 
 LxchfieU (1 1 Bev., 120) and Jones v. Johnson (o Ex., 862), the difficulties of which 
 Hre removed by this subsection].
 
 THE MUNICIPAL CORPORATIONS ACT, 18S2. 131 
 
 (4.) The council shall assess the contributions to the borough £<'>-'>uy/i 
 rate on the several parishes and parts of parishes in the borough 
 in proportion to the total annual value of the hereditaments in 
 each parish or part which are rateable to the poor, or in respect 
 of which a contribution is made to the poor rate. 
 
 (5.) That value shall be estimated according to the valuation 
 list (if any) in force for the time being, and if there is none, 
 according to the last poor rate. 
 
 (6.) But if for any reason the council think that the valuation 
 list or poor rate is not a fair criterion of value they may cause 
 an independent valuation to be made. 
 
 (7.) For the purpose of assessing a borough rate, or for the 
 purpose of an independent valuation, the council from time to 
 time may cause any of the books of assessment of any rates or 
 taxes, parliamentary or parochial, on any property, and the 
 valuation by which the assessment is made, in the hands 
 of the overseers, to be brought before them, and may take 
 copies thereof or extracts therefrom, or may direct any 
 person to take copies of or extracts from such books being 
 in his hands, without having the same brought before 
 the council, or may call before them any overseer to give 
 evidence respecting the same ; and may cause copies of the 
 total amount assessed in each parish in respect of any tax pay- 
 able to the Crown, and the total amount of the valuation of the 
 property on which that assessment was made in any past year, to 
 be made out by the clerk to the commissioners of each district. 
 
 [These orders should be made under seal after being determined by the 
 council.] 
 
 (8.) The overseers and such persons as they select, by warrant 
 of the council, signed by the mayor and sealed with the 
 corporate seal, may enter on, view, and examine any land 
 chargeable to the borough rate, in order to ascertain the annual 
 value at which it ought to be charged ; but no such entry shall 
 in any case be made unless fourteen days' previous notice in 
 writing, signed by the mayor and sealed with the corporate 
 seal, of the intention to make the entry, has been given to the 
 overseers and to the persons on whose land the entry is to be 
 made. 
 
 (9.) If on any occasion the overseers of a parish think that 
 their parish is aggrieved by a borough rate, on account of the 
 proportions assessed as the contributions of the respective 
 parishes being unequal, or on account of some parish being
 
 132 THE EXGLISH MUNICIPAL CODE. 
 
 Borough without Sufficient cause omitted, or on account of any other just 
 
 " "' cause of complaint, they may appeal to the recorder at the 
 
 next quarter sessions for the borough, or if there is none, to 
 
 the next quarter sessions for the county wherein the borough 
 
 is situate, or whereto it is adjacent, against such part of the 
 
 rate only as affects their parish. 
 
 [A town council of a borough levied a boroiigh rate under 5 & 6 Will. 4, c. 76, 
 B. 92 ; an out-township bcini? one of the townships assessed to such rate. Tho 
 rate was duly levied and paid. The overseers of tho parish havinij appealed to 
 tlie bcrougli quarter sessions ajjainst the rate, the sessions made an order to 
 amend the rate by incrcjising the amount at which the township was assessed. 
 No notice of the appeal was given to the out- township. The overseers of the 
 out-town.ship having refused to pay the additional amount assessed — Held that 
 the remedy of the town council, if any, for enforcing the payment of such addi- 
 tional rate was by a warrant of distress issued by the maj'or or two justices for 
 the borough under 7 Will. 4 and 1 Vict. c. 81, s. 1, and not by a mandamus to 
 the overseers to enforce such payment. — Iteg. v. Overseers of Himtslet (El. Ac £1., 
 775)1 
 
 (lU.) The rccuider or quarter sessions shall hear and finally 
 determine the appeal, and either confirin such parts of the rate 
 as are appealed against, or correct any inequalities, dispropor- 
 tions, or omissions proved to exist therein, as to him or them 
 ttjipears just. 
 
 (11.) The expenses of the appeal shall be paid by such 
 parishes or persons .and in such proportions as the recorder or 
 court having cognisance of the appeal directs. 
 
 (12.) If any person having custody of any book for which 
 the council call under this section, fails to produce it to the 
 council, or to permit any copy thereof or extract therefrom to 
 be made or taken, or to give such evidence as the council 
 rerjuire, he shall, on summary conviction, be liable to a fine not 
 exceeding ten pounds. 
 
 (33.) If any clerk to the commissioners of a district fails to 
 
 make any copy, which he is required to make under this section, 
 
 within a reasonable time after his receipt of the order to make 
 
 it, he shall, on summary conviction, be liable to a fine not 
 
 exceeding twenty pounds. 
 
 [The effectof section 92 of tho Act of 183.5, and 55 Geo. 3, c 51, Is preserved 
 in this clause]. 
 
 w^u^'Uniu; y^^' — (1-) Where a parish is wholly in a boiough, the 
 
 parish,'^ "'*^'* council muy from time to time, if they think fit, order the 
 overseers to pay the contribution of the parish to the borough 
 rate oiit of the poor rate made or to be made for the parish. 
 
 (2.) The overseers shall pay the contribution to the council 
 or as thev order.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 133 
 
 (3.) If the overseers fail to paj as ordered, the amount may Boiovyh 
 
 he levied* off the goods of them or any of them, by distress, by *'**' 
 
 virtue of a warrant signed by the maj'or and sealed witli the 
 
 corporate seal, or signed by two justices in and for the borough. 
 
 [The effect of 7 Will. 4 and 1 Vict. c. 81, is preserved in tliis cl.iuse, -which 
 was originally enactml in cnnt;equonce of the Act of 18 io h:iving omitted to 
 extend to borough rates some of the provisions of the 55 Geo. 3 c. 51. The 
 terms of this clause and also those of the following clause have been modified 
 from the original enactments with the object of better harmonizing the 
 collection of borongh rates with the general law of rating]. 
 
 146. — (1.) Where a parish is partly in and partly out of a 1;^^'^^,;'*'^°°^°^^ 
 
 borough, the overseers, on receipt of an order for payment of paris'h'^^'^ 
 
 money for the contribution of the part in the borough towards 
 
 a borough rate, which order the couucil may make as if the 
 
 whole parish was in the borough, shall assess on and levy from 
 
 the occupiers of hereditaments rateable to the poor rate in that 
 
 part of the parish the amount necessary for the contribution, 
 
 either as a separate rate, for which the overseers shall have all the 
 
 powers which belong to them for levying a poor rate, or with and 
 
 as part of tlie poor rate to wh ch occui^iers in that part of the 
 
 parish are liable in common with occupiers in the other part. 
 
 [It is unfortunately far from clear in what method the rate should be levied 
 in parishes wholly within the borough whe.e an ordi r is not made in pursuance 
 of sec. 145, although it may reasonabh be inferred that it should be in the same 
 way as a poor's rate, and also that it should be levied and collected by the 
 overseers and collectors of the poor's rate]. 
 
 (2.) Any person rated under this section may appeal against the 
 
 rate in like manner and with the like consequences, and subject to 
 
 the like provisions and regulations, as in appeals against apoor rate. 
 
 [Notice of appeal must be given to the town clerk, he being the proper officer 
 of court. — R'ff. V. Recorder of Carmarthen (7 A. & E., 756). It must state that 
 the party appealing is aggrieved, or show facts from which such may be 
 inferred.— ie6?x. v. Bond (6 A. & E., 905jj. 
 
 (3.) The overseers shall pay the amount of the contribution 
 to the council, or as they order, and in default thereof shall be 
 subject to all provisions and penalties provided by law concerning 
 nonpaj'ment of contribution to a borongh rate. 
 
 (4.) Every overseer and collector shall account for the money 
 collected and expended under this section to the auditor of the 
 district comprising the parish in the like manner, and with the 
 like incidents, consequences, liabil.ties, and power of appeal as 
 in the case of the poor rate ; and the Local Government Board 
 shall have the like power to make orders to regulate the mode « 
 
 of accounting as they have in regard to other local tates. 
 
 (5.) If any balance is found in the hands of any such overseer 
 
 * See subsection 9 of sertion 144, u. 1.31 ante.
 
 134 THE EXGLHSII MUXJCIPAL CODE. 
 
 Borough i)T collectop lio sliall apply it towards the next rate required 
 
 ' '*'*■ under this section, or pay it to his successor in office. 
 
 (6.) In default of his so applying it while in office, or making 
 payment to his successor within seven days after the balance is 
 found, the auditor shall proceed to recover it. 
 
 (7.) The officers ordinarily employed in the collection of the 
 l^oor rate shall, if required hy the overseers, collect the rate 
 under this section, and shall receive thereout such remuneration 
 for the additional duty as the overseers, with the consent of the 
 vestry, determine. 
 
 (8.) The collector or other person appointed shall, for the 
 purposes of this section, have all the powers of overseers. 
 
 (9.) The overseers, in estimating the amount of their as- 
 sessment under this section, may include a sum for costs of 
 assessment and collection, and a reasonable sum for rates 
 
 excused or iiTecoverable, 
 
 [The effect of section 2 of 12 & 13 Vict. c. Go, section 10 of 13 & 14 Vict. 
 c. 101, section 37 of 39 & 40 Vict. c. 61, and section 17 of 42 & 43 Vict. c. 54, 
 is preserved in this clause]. 
 
 Rating of 147. — Where the vestry of a parish has made or makes, before 
 
 of ocoupievsfor or after the commencement of this Act, under section four of 
 certaiu cases. The Poor Rate Assessment and Collection Act, 1869, an order, 
 as in that section provided, to the effect that the owners, instead 
 of the occupiers, of such rateable hereditaments, as therein 
 mentioned, shall be rated to the poor rate in respect thereof, 
 every such order, while in force after the commencement of this 
 Act, shall be deemed to apply to and include rating to the 
 borough rate, with the same incidents, conditions!, powers, 
 
 liabilities, and remedies as if the borough rate were a poor rate. 
 
 [The section here cited (32 & 33 Vict. c. 41, s. 4) is as follows : — 
 " The vestry of any parish may from time to time order that the owners of all 
 rateable hereditaments to which section throe of this Act extends, situate within 
 such parish, shall be rated to the poor rate in respect of such rateable lieredita- 
 nients, instead of the occupiers, on all rates made after the date of such order, 
 and thereupon and so long as such order be in force the following enactments 
 shall have effect : — 
 
 (1.) The overseers shall rate the owners instead of the occupiers, and 
 shall allow to them an abatement or deduction of fifteen per centum from 
 the amount of the rate ; 
 
 (2.) If the owner of one or more such rateable hereditaments shall give 
 notice to the overseers in writing that he is willing to be rated for any term 
 not being less than one j'ear in respect of all such rateable hereditaments of 
 which ho is the owner whether the same be occupied or not, the overseers 
 shall rate such owner accordingly, and allow to him a further abatement or 
 » deduction not exceeding fifteen per centum from the amount of the rate 
 
 during the time he is so rated; 
 
 (3.) The vestrj- may by resolution rescind any such order after a day to be 
 fixed by them, such day being not less than six months after the passing of 
 such resolution, but the order shall continue in office with rt spect to all 
 rates made before the date on which the resolution takes effect ;
 
 THE MUNICIPAL CORPORATIONS ACT, 18S2. 135 
 
 Providfid that tins clause shall not be applicable to any rateable hereditament Borough 
 in which a dwelling-house shall not bo included"]. Rate. 
 
 148, — Any warrant required for the levy or collection of a warrants for 
 borough rate may be issued by the mayor, signed by him, and borough rate. 
 sealed with the corporate seal. 
 [The effect of section 5 of 6 &■ 7 Will. -1,0. 104 (1836), is preserved in this clause]. 
 
 149. — All sums levied in pursuance of the borough rate shall Borough rate 
 ffo to the borouo'li fund : and, subject to the foregoing provisions borr.u'jh fun^i 
 
 1 n T T n n i • t and its applica- 
 
 of this Part, the same shall be applied to all purposes to which tion. 
 the borough fund is applicabl e under this Act, or otherwise by 
 law ; and, as regards a borough named in the schedules to the 
 JMunicipal Corporations Act, 1835, to all purposes to which, 
 before the passing of that Act, a borough rate was by law appli- 
 cable in the borough, or a county rate was applicable in a county. 
 
 [The effect of section 92 of the Act of 1835 is preserved in this clause. By 
 a local Act, passed in 1851, certain property before vested in commissioners was 
 vested in the corporation of Birmingham. Power was given to the council of 
 purchasini;: land for the purposes of the Act and of executing certain improve- 
 ment works si3e( ified in a schedule ; the expenses of the works for making new 
 approaches to the town hall, and for enlarging and altering the existing streets 
 to be defrayed by a " street improvement rate " not exceeding 6d in the pound, 
 and mortgageable to the extent oi £100,000 ; and all other expenses of carrying 
 the Act into execution to be defrayed by a " borough improvement rate " not 
 exceeding 2s. in the pound, and mortgageable to the extent of £160,000. 
 From the street improvement rate certain classes of persons were wholly 
 exempted, and canal and railway companies were in part exempted. Nothing 
 therein contained was to alter any of the powers, privileges, and authority 
 vested in the corporation by any past or future Acts in relation to municipal 
 corporations. By another local Act passed in 1861 certain other specified 
 improvements were provided for, and it was decided that the expense (amongst 
 other things) of widening and improving certaia specified streets was to be 
 defrayed out of " the street improvement rate." The Corporation Mortgages 
 Act, 18G0, empowered corporations generally, with the approbation of the 
 Treasury, upon application made after due notice given, to make purchases of 
 land for public purposes ; but nothing therein contained is to "repeal, abridge, 
 or affect" any power or authority of any body corporate or council under any 
 local Act. The coi-poration of Birmingham having contracted for the purchase 
 of land for tho widening of a street (not comprised in the works specified in 
 the local Acts of 1851 and 1861), and havmg, after due notice given, and 
 after all parties interested in the scheme had been heard before a com- 
 missioner deputed by the Treasury, obtained the sanction of the Treasury 
 to the purchase of the land and the charging of the borough fund with the 
 purchase money. Held upon the construction of the statutes that the corpora- 
 tion were lawfully empowered to raise the purchase money out of the borough 
 fund. Attoji>e;,-Ge))eral Y. Corporation of Binnuiyham (3 Eq., 552). 
 
 In an information against a corporation to rest rain them from applying certain 
 funds in aid of the borough fund, a decree was made by which the corporation 
 was ordered to pay to the relator the costs of the information. Held that the 
 relator was entitled to charge these costs upon a fund standing in trust for the 
 corporation and arising from the proceeds of the sale of property belonging to 
 the corporation. AUorney-Gtiirral \ . Corporation of Thetford (8 W. K.. 467). 
 
 Burgesses having been omitted from the list of voters, obtained a rule nisi in 
 the Queen's Bench calling on the mayor to show cause why he should not hold a 
 court to revise the list. The mayor instructed an attorney to show cause. The 
 court made the rule absolute. Tho attorney brought an action against the cor- 
 poration for his costs. Held that the litigation on the part of the mayor having 
 been justifiable, the costs were pavable out of the borough fund under the 5 & 6 
 W ill. 4, c. 76, s. 92. Lewis v Meiyor, •^•c, of Rochester (3 L. T., N. S., Q.B., 300).
 
 136 
 
 THE EXGLISH MUNICIPAL CODE. 
 
 Borough 
 Mate. 
 
 A -waterworks company, established to supply-water to the borough of S- 
 
 Covnty Rate. 
 
 General 
 ex mption 
 of quarter 
 
 eessions 
 Imroughs from 
 couuty rate. 
 
 LiaViility of 
 
 quarter 
 
 eessions 
 
 tiorouirVi for 
 
 prosecution 
 
 cxijeiises of 
 
 comity. 
 
 -was empowered by Act of Parliament to make rules and regulations which, 
 before coming into force, -were to be approved of by two justices of the borough. 
 Certain of such proposed rules and regulations having been brought before the 
 justices for approval, it -was thought by the corporation that they should be 
 opposed. Expenses were incurred in so opposing them, and the opposition was 
 in great part successful. The company also promoted a JJill in P:trliameiit, with 
 the view of obtaining further powers. The corporation, considering that the 
 bill was obJL'Ctionable, opposed it in Parliament, and it was eventually with- 
 drawn. Orders were made for the payment out of the borough fund of the 
 expenses incurred in opposing the rules and regulations and the bill promoted 
 by the company. Held that as the expenses above mentioned could not be 
 expenses "necessarily incurred in carrying into eflFect the provisions" of the 
 Municipal (.'orporations Acts within the 92nd section of the Act, and as they did 
 not fall within any of the payments specified in the Act, they were not charge- 
 able upon the borough fund, and that the orders were invalid. Reg. v. The 
 Corijoration of SlitjHeld (40 L. J. II., N. S., Q. B., 247). 
 
 A surplus which arises only from a borough rate and not from the sources of 
 ' income described in section 139 cannot be regarded as a surplus of the borough 
 fund applicable to the purposes authorised by section 143 — licg. v. Mayor of 
 Sheffield, L. E., 6 Q. B., f)G«. 
 
 See also section 143 and note at page 130.] 
 
 County Rate*. 
 150. — (1.) Where a borough has a separate court of quarter 
 sessions, the justices of a county wherein the borough or a.ny part 
 thereof is situate shall not assess any hereditaments in the borough 
 to any county rate ; and, exceptasis expressly by this Actprovided, 
 every part of the borough shall be wholly free from contributing 
 to any rate or assessment of any kind of and for that county. 
 
 [Boroughs are not exempted from rates assessed on the Hundred. See Birley 
 V. Inhabitants of the Hundred of Salford (11 M. & W., 391). 
 
 The parish of Eamsgate, being a member of the Cinque Port of 
 Sandwich, -was subject to the jurisdiction of the quarter sessions of 
 Sandwich, but not to those of the county of Kent, in which it was 
 situate. In 1878 Ramsgate, together with a portion of the county of Kent, 
 called the "added area" was put under commissioners for paving, &c., bj-- a 
 local act, which j)rovided that if a charter were granted to the whole district 
 the quarter sessions of Sandwich should have jurisdiction over the "added 
 area" as previously over Eamsgate. The act contained a clause that whereas 
 if a charter were granted the lands in the "added area" would cease to be 
 liable to county rates, they should still continue liable fcr the old mortgage 
 debt of the county. In 1884 a charter was granted to the whole district whiclt 
 was incorporated as the borough of Eamsgate •. — Ihid that the borough of 
 Eamsgate was a borough having a separate court of quarter sessions, and 
 that tlie "added area" from the county of Kent, was no longer liable to 
 county rates. Held, also, that a separate court of (luarter sessions in sec. 
 1 oO of the above Act means a court separate from that of the county. OverscV' s 
 of St. Lawrence V. Kent, J J 51 J. P., 2G2]. 
 
 (2.) But nothing in this section shall prevent the levy or 
 collection of arrears of any county rate made before the grant 
 of a separate court of quarter sessions. 
 
 [The effect of section 112 of the Act of 1835 is preserved in this clause]. 
 
 151. — The municipal corporation of a borough having a 
 separate court of quarter sessions shall be liable to pay such 
 
 • Sections 3.5 to .S9 of the Local Government Act, 1888, should be also referred to 
 in connection witli this subject.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 137 
 
 sums, if any, as are expended out of the county rate of the County Rate. 
 county in which the borough is situate, and as are not otherwise 
 paid or chargeable, in respect of the costs arising out of the 
 prosecution, maintenance, conveyance, transport, or punishment 
 of all offenders committed for trial from the borough to the 
 assizes for the county. 
 
 [The effect of section 114 of the Act of 183.5 is preserved in this clause, the 
 opening words of which are inserted with leference to lieg. v. New Windsor 
 (I Q. B. D., 152), and Rcij. v. Monck (2 Q. B. D., 551]. 
 
 152. — (1.) If the whole or any part of the area for the time i^'abiiity of 
 
 Avw. \'-i -^•- ^"^ ^1 I certain quarter 
 
 being comprised in a borough having a separate court of quarter ^^j^^°"^g t„ 
 
 sessions was, before the eleventh of July, one thousand eighi f^^^^^"^^^ 
 
 hundred and thiity-two, chargeable with or liable to contribute 
 
 to the county rate of the county in which it is situate, the 
 
 municipal corporation shall, in addition to its liability to pay for 
 
 the purposes mentioned in the last foregoing section, continue 
 
 liable to contribute to the countj^ rate for other purposes (in 
 
 this Act referred to as general county purposes), as if this Act 
 
 had not been passed. 
 
 (2.) General county purposes shall not inclucie the costs 
 
 arising out of coroners' inquests, or the expenses incurred under 
 
 the Sale of Food and Drugs Act, 1875.* in respect of the 
 
 county, or, in the case of a borough having its own inspector of 
 
 weights and measures, the expenses relating to the inspection 
 
 of weights and measures for the county, or payments to or in 
 
 respect of special constables. 
 
 [The effect of section 117 of the Act of 1835, section 5 of 16 & ITA^ict. 
 c. 79 (1853), and section 5 of 42 & 43 Vict. c. 30, is preserved in this clause]. 
 
 153t.-(l.) The treasurer of each county shall, not more than Mode of 
 
 J. • • 11 -1 r. 1 1 1 • accounting 
 
 twice in every year, send to the council ot each borough situate byborouijh 
 
 • i.1. X 1 1 • p . to county. 
 
 m tne county and having a separate court oi quarter sessions an 
 account showing separately — 
 
 (a.) The sums, if any, expended out of the county rate in 
 respect of the costs arising out of the prosecution, 
 maintenance, conveyance, transport, or punishment of 
 offenders committed for trial from the borough to the 
 assizes for the county ; and 
 {h.) If the borough is liable to contribute to the county rate 
 for general county purposes, all sums expended out of 
 
 * The 38 & 39 Vict. c. 63. 
 
 t See hereon sectioa 32, subsection 8, of the Local Government (England and 
 Wales) Act, 1888, which directs this section to apply with the exception noted on the 
 next page iu respect of an arViiti itor.
 
 13S lUE ENGLISH MUNICIPAL CODE. 
 
 County liau. the county rate for general county purposes, and all sums 
 
 received in aid or on account of the county rate, and the 
 
 jiroportion chargeable on the borough of the sums so 
 
 expended after deduction of the sums so received ; 
 
 and shall make an order on the council for the payment of the 
 
 sum appearing by this account to be due from the municipal 
 
 corporation of the borough. 
 
 (2.) The council shall thereupon forthwith order the sum so 
 appearing to be due, with all reasonable charges of making and 
 sending the account, to be paid to the treasurer of the county 
 out of the borough fund. 
 
 (3.) If the order is not complied with, two justices for the 
 county may, on the complaint of the treasurer of the county, 
 made within one month after the issue of the order, issue and 
 send to the treasurer of the borough a warrant requiring him to 
 pay to the treasurer of the county, besides the sum mentioned 
 in the order, the additional sum mentioned in the warrant, the 
 same being calculated in the proportion of one shilling to every 
 ti^n on the sum mentioned in the order; and until payment 
 thereof the treasurer of the county shall have, in respect of the 
 warrant, all the powers for the recovery thereof which are given 
 against a guardian or overseer for the recovery of county rates 
 and surcharges. 
 
 [The mayor of a borougli without a commission of the peace is ex officio a justice 
 tor the borough whose judicial acts are binding on justices of county ia which 
 the borough is situate. — JFtlson v. Strtignell (L. R., 7 Q. B. D., 548)]. 
 
 (4.) If any difference arises concerning tl;e account, it shall 
 be decided by the arbitration of a barrister*, named, on the 
 application either of the treasurer of the county or of the 
 treasurer of the borough, by the Secretary of State. The 
 arbitrator may, if he thinks fit, adjourn the hearing from time 
 to time, and may require all such information to be afJbrded by 
 either party as he thinks fit. He shall by his award in writing 
 determine the amount to be paid by the council to the treasurer 
 of the county, and his award shall be final and conclusive. lie 
 shall also assess the costs of the arbitration and determine by 
 whom and out of what fund they shall be paid. 
 
 [The offoct of section 117 of the Act of 1835 is preserved in this clause. Sub- 
 section 3 includes the etlect of section 38 of 15 & 16 Vict. c. 81 (1852), and 
 eubseclion 4 that of section 2 of 5 Geo. IV., c. 85]. 
 
 * By clause 32, subsection 8, of the Local Government (Englanl ana Wale?) Act, 
 ].SS8, the commissioners named in that Act are to arbitrate on the adjustment of 
 financial relations between counties and boroughs. See Appendix.
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS2. 139 
 
 PART VIII. 
 Administration of Justice. 
 
 CoiDit// J lint ices. 
 
 154. — (1.) "Where a borough has not a separate court of County 
 
 quarter sessions, the justices of the county m which the borough j^j-ig^iiction 
 
 is situate shall exercise the jurisdiction of justices in and for the °l^l°^% 
 
 borough as fully as they can or ought in and for the county. borougii. 
 
 [In practice the county justices do not exercise their powers in boroughs to 
 •which a separate commission of the peace has been granted. Their power to 
 act in such boroughs has been decided in several cases, to wit — Rex v. Amos 
 (■> B. & A., s. 33) ; 2I(njor of Rcujate v. Hart (L. R., 3 Q.B., 244) ; Blankleij v. 
 lll)/stnii/c!/ {6 T. R., 279) ; Pates v. Wiiistan/ei/ (4 M. & S., 429, 436) ; and 
 H'akejiekl Board of Health v. West Riding and Grimsby Railway Company 
 (6 B. & S., 94)]. 
 
 (2.) No part of a borough having a separate court of quarter 
 
 sessions shall be within the jurisdiction, exerciseable out of 
 
 quarter sessions, of the justices of a county, where the borough 
 
 was exempt therefrom before the passing of the Municipal 
 
 Corporations Act, 1835. 
 
 [The effect of section 111 of the Act of 1835 is preserved in this clause. 
 County niagisti-ates are not excluded forbearing appeals under 9 Geo. 4, c. 6!, 
 s. 27, against the refut^al of borough magistrates to g;-ant an alehouse license. 
 See Reg. v. Beanc (2 Q. B. 96) ; hey. v. lieeorder of Bristol (24 L. J., M. G.) ; 
 Reg. V. Cockburn (4 E. & B., 65)]. 
 
 Borough Justices. 
 
 155. — (1.) The mayor shall, by virtue of his office, be a Pcrovgh 
 justice for the borough, and shall, unless disqualified to b© J'^^/^^^i 
 mayor, continue to be such a justice during the year next after* 1^^^™*^°^''° 
 he ceases to be mayor. justices. 
 
 \_Qiucre whether Mayor and Ex-Mayor are "justices of the quorum." Reg. v. 
 
 Inhabitants of Llangian (4 B. & S. 249)]. 
 
 * It has been a subject of debate in a council meeting whether, in the event of the 
 re-election of a person to the oflSce of mayor, it is necessary for him to agair take the 
 oath as a justice of the peace (if he be not a permanent magistrate of the borough), 
 when only half of the period for which he originally qualified to act has lapsed, but 
 a strict interpretation of the statute seems to leave little room for doubt that if the 
 office of mayor is held for two years in succession without the oath being again taken 
 at the commencement of the second year, any magisterial acts which might be 
 performed in the year after the vacation of office (as immediate ex-mayor) would be 
 invalid, because of the application of the original oath of qualification only to the 
 year of office being then entered upon KnA one year after.
 
 140 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Justices. 
 
 (2.) The mayor shall have precodeuce over all other justices 
 
 acting in and for tlie borough, and be entitled to take the chair at 
 
 all meetings ofjustices held in the borough at which he is present 
 
 by virtue of his ofBce of mayor ; except that he shall not by virtue 
 
 of this section have precedence over the justices acting in and for 
 
 the county in which the borough or any part thereof is situate 
 
 unless when acting in relation to the business of the borough, or 
 
 over any stipendiary magistrate engaged in administering justice, 
 
 [The effect of section 57 of the Act of 1835, and section 2 of 24 & 25 Vict. 
 c. 75 (1861), is preserved in this clause. The precedence here given applies 
 both socially and magisterially within the borough. It was held in Ex parte 
 Mayor of hirnungham (3 E. & E., '222), that the precedence granted under the 
 Act of 1835 was for social purposes only. Hence the amendment of the law 
 which followed in the subsequent Act and is renewed in this clause. Doubts 
 have been expressed whether in boroughs not having a court of quarter ses- 
 sions or a commission of the peace, the words " business of the borough" 
 applies to more than matters coining within the designation of " civil govern- 
 ment," such as "licensing of public and other houses, allowance of rates, 
 traffic regulations, special constables, &c." As this Act stands, however, the 
 point does not admit of discussion as to its legal bearing. The mayor of any 
 bore. ugh not having a separate commission of the peace would be within his 
 right under this paragraph in claiming to preside — subject to the limitations 
 in the section, at all magisterial meetings when the business to be transacted 
 arises within or has relation to his boronyh. The fact that the law officers of 
 the Crown in 1877 advised that section 2 of 24 & 25 Vict. c. 75, did not give 
 the mayor of such a borough precedence over county justices sitting in petty 
 sessions in his borough can hardly weigh against the plain wording of this 
 section.] 
 
 Spparnto 
 ccanission of 
 peace. 
 
 Qnal floation 
 
 of iioi'ough 
 justice. 
 
 156. — It shall be lawful for the Queen, on the petition of 
 the council of a borough, to grant to the borough a separate 
 commission of the peace.* 
 
 [The effect of section 98 of the Act of 1835 is preserved in this clause.] 
 
 157. — (1-) It shall be lawful for the Queen, from time to 
 
 time, to assign to any persons Her Majesty's commission to 
 
 act as justices in and for each borough having a separate 
 
 commission of the peace. 
 
 [The word " any " used here is, of course, governed by other statutes. For 
 instance, it is doubtful if a coroner can be a justice for the jurisdiction in which 
 he acts as coroner. See hereon, Ualt. Just. c. 3, s. 10, and Lamb Eiron, lib. i., 
 c. 14. The prohibition, by 5 Geo. 2, c. 18, s. 2, of any practising attorney, 
 solicitor, or proctor acting as a county justice does not apply to boroughs 
 having justices by charter, commission, or otherwise. Moreover a sheriff may 
 not act as a justice during the year of his shrievalty (1 iMary, sess. 2, c. 8. s. 
 2). See also subsection 1 of sect. 171 and notes thereon at page 151]. 
 
 (2.) A justice for a borough shall not be capable of acting as 
 
 ♦ By section 33, subsection 7, of the Local Government (England and Wales) Act, 
 1888, the Qnrcii, by letters patent, may on the petition of any borough revoke the 
 grant to it of a commission of the peace. Counties of cities or borouglis and cinque 
 ports and their members affected by the revocation will become merged in their 
 respective counties for judicial purposes. See Appendix.
 
 THE MUNICIPAL CORPOBATIOXS ACT, 18S2. 141 
 
 such until he has taken the oaths * required to be taken by Borongh 
 justices, except the oath as to quahfication by estate, and made 
 before the mayor or two other members of the council a 
 declnration as in the Eighth Schedule. 
 
 [This declaration is contained in Form B, Part I. of the Eighth Schedule. 
 See subsection 4 of clause 163 at page 145 scq.'\ 
 
 (-3.) He must, while acting as such, reside in or within seven 
 miles of the borough, or occupy a house, warehouse, or other 
 property in the borough. 
 
 (4.) He need not be a burgess or have such qualification by 
 
 estate as is required for a justice of a county. 
 
 [The effect of sections 98, 101, and 104 of the Act of 1835, section 3 of 
 6 ct7 Will. 4, c. 105 (1836), section 3 of 24 & 25 "Vict. c. 75, (1861), section 
 b of 31 & 32 Vict. 0. 72 (1808), and section 2 of 34 & 35 Vict. c. 48 (1871), 
 is preserved in this clause]. 
 
 158. — (1.) A justice for a borough shall, with respect to jurisdiction 
 offences committed and matters arising within the borough justices." 
 have the same jurisdiction and authority as a justice for a 
 county has under any local or general Act, with respect to 
 offences committed and mattersf arising within the county ; 
 except that he shall not, by virtue of his being a justice for the 
 borough, act as a justice at any coui-t of gaol delivery or quarter 
 sessions, or in making or levying any county or borough rate. 
 
 [Borouirh justices have no jurisdiction to grant licenses for inns or alehouses 
 under 9 Geo. 4, c. 61, except in such boroughs as have separate courts of 
 quarter sessions. C/rnd/iah v. Simpson (30 L. J., M. C, 178). 
 
 Penalties imposed by justices acting in and for a municipal borough having 
 a separate commission of the peace, but no separate court of quarter sessions in 
 respect of offences against the general law of the land are under 11 & 12 Vict. 
 c. 4 3, s. 31, to be paid to the treasurer of the county and not of the boroutrh. 
 Penalties imposed by such justices under 9 Geo. 4, c. 61, and not awarded to the 
 prosecutor under section 20 of that Act, are to be paid to the treasurer of the 
 county, and not of the borough, notwithstanding the ]\tiinicipal Corporations Act 
 Amendment Act, 1861. s. 4. ^Wimi v. Mos.vmm (38 L. J. E., N. S. Ex. 200). 
 
 By 11 & 12 Vict. 43, s. 31, the amount of any penalty ordered to be paid 
 by justices according to the Act is to be paid in the absence of specific directions 
 in the statute on which the information shall have been framed to the treasurer 
 of the county, riding, division, liberty, city, borough, or place for which the 
 justices shall have acted. — A borough formed part of the petty sessional division 
 of the county within which it is situated, but had no sepai-ate com-t of quarter 
 sessions, the justices for the county acting as justices for the borough f oncurrently 
 with the mayor according to the Municipal Corporations Act (5 & 6 Will. 4, 
 c. 76, s. 67), and there was a treasurer of the borough. Btlil that the mayor, 
 
 * The mayor must take oath as prescribed by 31 & 32 Vict. c. T?.. This Act sets out 
 three oaths — 1, the oath of allegiance ; 2, the ofiBcial oath ; and 3, the judicial oath. 
 It names the persons to take the oath, and permits those excluded to make a declaia- 
 tion that he wiU faithfully discharge the duties of his office. Majors and aldermen 
 are not named to take official oaths. The oath of allegiance as a justice of the peace, 
 and the judicial oath are imperative ; they may be taken before any two justices or 
 before two councillors of the borough. See 34 & 33 Vict, c.48, s. 2. 
 
 f See section 86, subsections 3 and 4, of the Local Government Act, 1388, as to 
 variation of power to recorder, or borough justices, in respect of appointment of 
 luTiativ; asylum visitor and authority of borough council to build an asylum.
 
 142 
 
 THE EXGLISII MUXICIPAL CODE. 
 
 Pororifjh 
 Justices. 
 
 Clerk to 
 borouph 
 jusUces. 
 
 while acting as juslieo for the bor. ugh. was in the nature of a justice for the 
 coimty with powers limited to a special locality, and the penalities imposed liy 
 the borough justices mast, in the absence of directions in the penal statute, be 
 j)ai(l to tlie county treasurer. T/t-j Jfin/or, Aldermen, and Burycsses of Rcigate 
 V. Hart (37 L. J."R., N. S., M.(J., 70)]. 
 
 (2.) A justice shall not be disabled from acting in the execu- 
 tion of this Act by reason of his being liable to the borough rate. 
 
 [The effect of sections 101 and 128 of the Act of 1835, section 31 oi 7 Will. 4 
 and 1 Vict. c. 78 (1837), and section 9 of 13 & 14 Vict. c. 91 (1850), is preserved 
 in this clause]. 
 
 159. — (1.) The justices for a borough shall from time to 
 
 time appoint a fit person to be their clerk, to be removeable at 
 
 their pleasure.* 
 
 [An information in the nature of quo warranto will not be granted against a 
 clerk so appointed. See Reg. v. Fox (8 E. & B., 939). As to ([ualification for 
 the offico of justices' clerk, it may be remarked that the Justices' Clerks Act 
 of 1877 is not affected by this statute]. 
 
 (2.) They shall not appoint or continue as their clerk an 
 
 alderman or councillor of the borough, or the clerk of the peace 
 
 of the borough, or of the county in which the borough is situate, 
 
 or the partner of any such clerk of the peace. 
 
 [The appointment as clerk of the peace of a borough of a managing clerk 
 to a firm which comprised the town clerk and clerk to the justices as one of its 
 partners has passed un(iuestionod.] 
 
 (3.) The clerk to the justices shall not, by himself or his part- 
 ner or otherwise, be du'ectly or indirectly emploj'ed or interested 
 in the prosecution of any offender committed for trial by those 
 justices, or any of them, at any court of gaol delivery or quarter 
 sessions. 
 
 (4.) If any person acts in contravention of the last foregoing 
 provision of this section he shall for every offence be liable to a 
 fine not exceeding one hundred pounds, recoverable by action. 
 
 (5.) One moiety of any fine so recovered shall, with costs, be 
 paid to the person bringing the action to recover it. 
 
 (6.) Nothing in this Act shall prevent tbe justices for a 
 
 borough from re-appointing as their clerk any person being 
 
 clerk of the peace of the borough or of the county in which the 
 
 borough is situate, or partner of any such clerk of the peace, 
 
 if the person re-appointed was, on the sixth of August one 
 
 thousand eight hundred and sixty-one, or has not ceased to be 
 
 at the time of re-appointment, the clerk of those justices. • 
 
 [The effect of section 102 of the Act of 1835, and section 5 of 24 & 25 Vict. 
 c. 75 (18G1), is preserved in this clause. Subsection 6 is a saving of the provisiona 
 
 * In boroughs not haviug a separate commission of the peace, this section would 
 not apply.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 14 3 
 
 contained in the last-mentioned Act, and it is somewhat difficult to comprehend Borough 
 
 the reason of its retention here, having regard to the fact that in the case of Justicun. 
 
 Brown v. Evan.<i (33 L. J., N. S., 737) the judges commented %-ery strongly upon 
 
 its wording. The defendant held the two offices, and illegally so under the very 
 
 Act containing the proviso as well as the Act of 1835, but judgment, both in the 
 
 first instance and on appeal, passed for him under the saving character of the 
 
 proviso]. 
 
 160. — (1.) The council of a borough having a separate com- Justices' room, 
 mission of the peace shall provide and furnish a suitable justices' 
 room with offices, for the business of the borough justices. 
 
 [It will be observed that a new designation, "justices' room," — instead of 
 police office — is introduced here]. 
 
 (2.) No room in a house licensed for the sale of intoxicating 
 liquors may be used for this purpose. 
 
 [The effect of section 100 of the Act of 1835 is preserved in this clause]. 
 
 Stipendiary Magistrate.* Stipendiary 
 
 Magistrate. 
 
 161. — (1.) If the council desire the appointment of a sii- ^f^g't'i'jen'dfa"'' 
 pendiary magistrate for the borough, they may present a magistrate. 
 petition for the appointment to the Secretary of State, and 
 thereupon it shall be lawful for the Queen to appoint to that 
 office a barrister of seven f years' standing. 
 
 (2.) He shall hold office during Her Majesty's pleasure. 
 
 (3.) He shall, by virtue of his office, be a justice for the 
 borough. 
 
 (4.) There shall be paid to him such yearly salary, not 
 exceeding, except with the consent of the council, that 
 mentioned in the petition, as Her Majesty from time to time 
 directs. 
 
 (5.) It shall be paid by four equal quarterly payments, and 
 in the same proportion up to the time of his death or ceasing 
 to act. J 
 
 * The following boroughs under this Act have stipendiary magistrates. Those 
 marked thus (*) were appointed under section 99 of the Act of 1835; those marked 
 thus (f) by local Acts ; those marked thus (J) under this section of the Act: — 
 
 Birkenhead. f 
 Birmin^'ham.* 
 Bradford. J 
 
 Brighton.' 
 
 Cardiff.* 
 
 Kingston-on-Hull.* 
 
 Leeds.* 
 
 Liverpool.* 
 
 Manchester.* 
 
 Middlesborough.* 
 t Five -years was the standing enacted bv the Act of 1835 
 
 \ See Appendix for 51 & .52 Viet. c. 23 (Recorders, &c., Act, 18S8) as to power of 
 appointment of deputy and payment for his services. 
 
 Salford.f 
 
 Sheffield.* 
 
 Staffordshire Potteries. f (This 
 district includes the boroughs 
 of Burslem, Hanley, Lougtuu, 
 and Stoke-upon-Treut.) 
 
 Swansea.* 
 
 West Ham. t 
 
 Wolverhampton. f
 
 144 
 
 Tll£ EyULlSll MUMCirAL LVl)E. 
 
 Btipendiary 
 Mayintratti 
 
 {^■) On a vacancy, a new appointment shall not be made iiiilil 
 the council again make application as before the first appointment. 
 
 (7.) More than one stipendiary magistrate may be ajipointed 
 for a borough. 
 
 [The effect of section 99 of the Act of 1835 is preserved in this clause]. 
 
 Borough 
 Quarter 
 SeKsi'iis : 
 Recorder : 
 Clerk of the 
 Peace. 
 
 Grant of 
 separate 
 court of 
 quarter 
 sessions. 
 
 The recorcler. 
 
 Borough Quarter Sessions : Recorder : Clerk of tlie Peace. 
 
 162. — ( I.) It shall be lawful for the Queen, on the petition to 
 1 [er Majesty in Council of the council of a borough, to grant that a 
 separate court of quarter sessions beholden in and for tlie borough*. 
 
 (2.) The petition shall sot forth the grounds of the application 
 and the salary which the council are williiifj to pay to the recorder. 
 
 (3.) The grant may be made on and subject to such terms and 
 
 conditions, if any, as to Her Majesty in Council seem fit.t 
 
 [The Act of 1835 did not include the words used in this subsection, and it 
 was the professionally-stated opinion of the late Lord Chief Justice Ceckbiirn 
 and the late Lord \\'estbury, when attorney-general and solicitor-general 
 respectively (given on September 19, 1856, to the town council of Newcastle- 
 under-Lyne), that the Crown could not revoke or accept a surrender of a grant 
 of a separate court of quarter sessions under the Act of 1835. The " terms " 
 and " conditions" here provided for may, however, give such power. fj 
 
 (4.) Within ten days after receipt of the grant the council 
 shall send a copy thereof, sealed with the corporate seal, to the 
 clerk of the peace of the county, or each county if more than 
 one, in which the borough or any part thereof is situate. 
 
 [The effect of sections 103 and 112 of the Act of 1835 is preserved in this 
 clause]. 
 
 163.— (1.) It shall be lawful for the Queen from time to time 
 to appoint for a borough having a separate court of quarter sessions 
 a barrister of five years' standing to be recorder of the borough. 
 
 (2.) He shall hold office during good behaviour. 
 
 (3.) He shall, by virtue of his office, be a justice for the 
 borougli. 
 
 (4.) He shall not act as recorder, or as a justice, until he has 
 taken the oathst required to be taken by a borough justice, and 
 
 • By section 37 of the Local Government (England and Wales) Act, 1888, the 
 future grant of a court of quarter sessions to a borough is to confer no otlier powers 
 than are necessary for estahlishiiig and maintaining the court of quarter sessions. 
 
 + By section 38, substction 7, the (jueen liy an Order in Council and on tlie petition 
 of any borough may revoke tlie grunt to it of a court of quarter sessions. Counties of 
 citiesand borouglis and cinque ports and their members aitected by tlie revoc-.tinn 
 are to be merged in their respective counties for judicial purjiosus. Sec Ap- 
 pendix. 
 
 J See note to subsection 2, clause 157, at page 141 ante, as to these oatlis.
 
 TIIE MUNICIPAL CORPORATIONS ACT, 1882. 145 
 
 made before the mayor or two other members of the couHcil a -thorough 
 declaration as in the Eighth Schedule. Sessions .• 
 
 Recorder . 
 [This declaration is contained in Form B, Part I. of the Eighth Schedule, and Clerk of the 
 applies also to the borough justices (see subsection 2, clause 157, at page 141 Peace, 
 ante). It is as follows : — "I, A.B., hereby declare that I will faithfully and 
 impartially execute the office of recorder [or justice of the peace] lor the 
 borough of according to the best of my iudgment and 
 
 abiUty"]. -^ ^ 
 
 (5.) He shall have precedence in all places within the borough 
 next after the mayor. 
 
 (6.) He shall not, during his office, be eligible to serve in 
 Parliament for the borough, or be an alderman, councillor, or 
 stipendiary magistrate of the borough ; but he m,ay be appointed 
 revising barrister for the borough, and shall be eligible to serve 
 in Parliament except for the borough. 
 
 (7.) There shall be paid to him such yearly salary, not ex- 
 ceeding that stated in the petition on which the grant of a 
 separate court of quarter sessions was made, as Her Majesty 
 directs ; but the same may at any time be increased by resolu- 
 tion of the Council, approved by the Secretary of State, without 
 the resignation and re-appointment of the recorder being 
 necessary. 
 
 (8.) A person may be appointed recorder of two or more 
 boroughs conjointly. 
 
 [The effect of sections 103 and 104 of the Act of 1835, eection 3 of 6 & 7 
 Will. 4, c. 105 (1836), and section 2 of 34 & 35 Vict. c. 48 (1871), is preserved 
 in this clause]. 
 
 164. — (1.) The council of a borough having a separate court Tiaecierk it 
 
 iifrt • • " f% til0 p6&C6* 
 
 of quarter sessions shall from time to time appoint a fit person 
 to be the clerk of the peace for the borough. 
 
 [The town council are to appoint, but the recorder may remove the clerk 
 of the peace for misconduct in his office by virtue of 1 W. & M., sess. 1, c. 21, 
 S. 6. (and the following subsection). See Peg. v. Hayivard (S. C, 31 
 L.J., M.C., 177). For misconduct in his office two justices must exhibit a 
 comjilaint against him to the quarter sessions, when the Recorder, subject to 
 the right of appeal to the Lord Chancellor, may suspend or remove him. Sea 
 27 & 28 Vict. c. 65.] 
 
 (2.) The clerk of the peace shall hold office during good 
 behaviour. 
 
 (3.) The clerk of the peace may from time to time, by writing 
 signed by him, appoint a fit person to act as deputy for him, 
 in case of his illness, incapacity or absence. 
 
 10
 
 146 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Quarter 
 Sessions : 
 Itecorder : 
 Clerk of the 
 Peace. 
 
 Recorder to 
 hold court of 
 quarter 
 Bossiona. 
 
 (4.) The appointmcut of tlie deputy shall be sij^nified in 
 writing, signed by the clerk of the peace, to the council, and 
 shall be recorded in their minutes. 
 
 (5.) "Where a table of the fees to be taken by the clerk of the 
 peace has been made by the council and confirmed by the Secre- 
 tary of State, and is for the time being in force, the clerk of the 
 peace, if paid by fees, may take the fees to which he appears by 
 tliat table to be entitled. 
 
 [lie may bo paid by salary \i the Council of the borough so think fit. See 
 also 14 & 15 Vict. c. 50]. 
 
 (6.) The council may from time to time make a new table of the 
 
 fees to be taken by the clerk of the peace, but shall submit every 
 
 such table to the Secretary of State for confirmation, and he may 
 
 confirm and allow the same, either as submitted, or with such 
 
 alterations, additions, or abatements as he thinks proper, and 
 
 any such table shall be of no validity until it is so confirmed. 
 
 [The effect of sections 103 and 124 of the Act of 1835 is preserved in this 
 clause]. 
 
 165.— (1.) The recorder shall hold, once in every quarter of 
 a year, or oftener, if and as he thinks fit, or the Secretary of 
 State directs, a court of quarter sessions in and for the 
 borough. 
 
 (2.) He shall sit as sole judge of the court. 
 
 (3.) The court shall be a court of record, and shall have 
 cognisance of all crimes, offences, and matters cognisable by 
 courts of quarter sessions for counties in England ; and the 
 recorder shall, notwithstanding his being sole judge, have 
 power to do all things necessary for exercising that jurisdiction 
 as fully as those courts. 
 
 [The recorder has exclusive jurisdiction to try and determine appeals 
 against orders of renewal made by the borough justices. See Rtg. v. Justices of 
 Salop (2 Q. B., 85), and Reg. v. Justices of Suffolk. He can also try an indict- 
 ment for keeping a disorderly house, Rei. v. Charles (I L. & C, 90). He may 
 reserve a case for the consideration of the Court for Criminal Cases Reserved. 
 Reg. V. Masters (1 Den. C. C. R., 332). He may hold his court during the time 
 of the assizes in the same county. Smith v. Rtgiita (13 Q. B., 738). 
 See also the second footnote at page 141. 
 
 Under the original County Commission of the Peace which, almost in its 
 present form, was settled by a conference of judges in 1590, and commanded by 
 the then Lord Chancellor to be used, any one or more justices have not only 
 all the ancient power touching the peace which the conservators of the pe.uco 
 had at the common law, but also that whole authority which has been added 
 thereto by subsequent statutes. — {Vide Pritchard's " Practice and Procedure at 
 Quarter Sessions, &c."). Until the passing of the Act 5 & 6 Vict. c. 38, the 
 justices in general and quarter sessions exercised jurisdiction over felonies with 
 no limitation except that which sprung up, in practice, of abstaining from the 
 more difficult and important cases, and sending them to the assizes. Modem 
 public opinion, however, demanded the application, to intricate and important 
 cases, of that knowledge and discrimination which could only be expected from 
 the labour of a life devoted to legal pursuits, and which was not reasonably to
 
 TEE MUNICIPAL CORPORATIONS ACT, 18S2. 147 
 
 be sought for in the compass of individual magistrates however well informed Borough 
 and upright in purpose. Consequently the Act just referred to was passed. It Quarter 
 provided as follows : — " That alter the passing of this Act neither the justices Sessions : 
 of the peace acting in and for any county, riding, division, or liberty, nor the Recorder r 
 recorder of any borough, shall at any session of the peace, or at any adjourn- Clerk of th& 
 ment thereof, try any person or persons for any treason, murder, or capital Peace. 
 felony, or for any felony which, when committed by a person not previously con- 
 victed of felony, is punishable by transportation beyond the seas [altered to 
 penal servitude by 20 & 21 Vict. c. 3, s. 6] for life, or for any of the following 
 offences (that is to say), — 
 
 1. Misprision of treason : 
 
 2. Offences against the Queen's title, prerogative, person, or government, 
 or against cither House of Parliament : 
 
 3. Offences subject to the penalties of prjemunire : 
 
 4. Blasjihemy, and offences against religion : 
 
 6. Administering or taking unlawful oaths : 
 6 Perjury and subornation of perjury : 
 
 7. Making or suborning any other person to make a false oath, affirmation, 
 or declaration, punishable as perjury or as a misdemeanour : 
 
 8. Forgery : 
 
 9. Unlawfully and maliciously setting fire to crops of com, grain, or 
 pulse, or to any part of a wood, coppice, or plantation of trees, or to any 
 heath, gorse, furze, or fern : 
 
 10. Bigamy, and offences against the laws relating to marriage : 
 
 11. Abduction of women and girls : 
 
 12. Endeavouring to conceal the birth of a child : 
 
 13. Offences against any provision of the lt(,ws relating to bankrupts and 
 insolvents : 
 
 14. Composing, printing, or publishing blasphemous, seditious or 
 defamatory libels : 
 
 15. Bribery: 
 
 16. Unlawful combinations and conspiracies, except conspiracies or com- 
 binations to commit any offerice which such justices or recorder respectively 
 have or has jurisdiction to try when committed by one person : 
 
 17. Stealing, or fraudulently taking, or injuring or destroying, recorda 
 or documents belonging to any court of law or equity, or relating to any 
 proceeding therein : 
 
 1 8 . Stealing or fraudulently destroying or concealing wills or testamentary 
 papers, or any document or wi-itten instrument being or containing evidence 
 of the title to any real estate, or any interest in lands, tenements, or 
 hereditaments ;" 
 
 The 13th sub-clause was repealed by the Act 32 & 33 Vict. c. 62 (The Debtors' 
 Act), and the offences enumerated therein were, by s. 20, deemed to be within 
 the jurisdiction of quarter sessions, justices and recorders. The 24 & 25 Vict, 
 c. 96, s. 87, precluded frauds by agents, bankers, or factors in embezzling money 
 or selling securities, &c., entrusted to them under directions in writing, or 
 chattels, or valuable security held for safe custody or special purposes 
 (the offences of keeping and publishing of false accounts and destrojang of 
 documents by directors and officers of public companies are also included) being 
 tried at any couit of general or quarter sessions of the peace. 
 
 The sessions of the Central Criminal Court, and those of Middlesex, London, 
 and Westminster, are subject to various regulations which differ from those 
 prevailing in other parts of England]. 
 
 (4 ) But tlie recorder shall not, by virtue of his office, have 
 power 
 
 (rt.) To allow,, apportion, make, or levy any borough rate ; 
 
 or 
 {h.) Subject to the provisions of this Act respecting appeals 
 
 from a rate, to do any act in relation to the allowance,
 
 U8 
 
 THE ENGLISn MUNICIPAL CODE. 
 
 Qnnrter 
 SfSfions : 
 /fecnrd';r : 
 Cfi-rk of the 
 Peace. 
 
 Power to ap- 
 point deputy 
 recorder. 
 
 Powers of 
 
 mayor in 
 absence of 
 recorder and 
 depiiry 
 recordsr. 
 
 apportionment, makinf^, or levying of any rate wliaf so- 
 ever ; or 
 
 (c.) 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 power by this Act specially vested in 
 the council. 
 
 [The effect of section 105 of tto Act of 1835, and section 8 of 6 & 7 Will. 4, 
 c. 105 (183G), is preserved in this clause]. 
 
 166. — (!•) The recorder may, in case of sickness or unavoid- 
 able absence, appoint, by writing signed by him, a barrister of 
 five years' standing to act as deputy recorder at the quarter 
 sessions then next ensuing or then being held, and not longer 
 or otherwise. 
 
 (2.) But the sessions shall not be illegal, nor shall the acts 
 of a deputy recorder be invalid, by reason of the cause of the 
 absence of the recorder not being unavoidable. 
 
 [The effect of section 8 of G & 7 Vict c. 89 (184 3) is preserved in tlii^ clause. 
 See 32 & 33 Vict. c. 23, s. 1 (1609, ; and 35 & 30 Viet o. 80, s. 7 (1872), in which 
 a juflgo of any local court may appoint as deputy a barrister of not less than seven 
 years' standing]. 
 
 167- — (!•) In the absence of the recorder and deputy 
 recorder, the mayor shall, at the times for the holding of the 
 court of quarter sessions, open the court, and adjoui'n the 
 holding thereof, and respite all recognisances conditioned for 
 appearing thereat, until such day as he then and there, and so 
 from time to time, causes to be proclaimed. 
 
 [The right of the mayor to adjourn the court when the Recorder of 
 
 had not put in an appearance for a cojisiderahlo time after the hour appointed 
 for the commencement of business, and had not sent any intimation of his pro- 
 bable absence or late arrival was disputed (by the recorder). The mayor, 
 however, relied on the seetii>n of the statute incorporated in this clause as hia 
 authority for opening and closing the court, and in the end his right to do so 
 in the exercise of his discretion was admitted by the recorder]. 
 
 (2.) But nothing in this section shall authorize the mayor to 
 sit as a judge of the court for the trial of offenders, or, save as 
 aforesaid, to do any other act in the character of a judge of the 
 court. 
 
 [The effect of section 106 of the Act of 1835 is preserved in this clause]. 
 
 168. — (1-) If at any time it appears to the recorder that 
 the quarter sessions are likely to last more than three days,
 
 THE MUXICIPAL CORFOBATIOXS ACT, 1882. I49 
 
 includinp: the day of assembling, he may in his discretion, but Borough 
 subject to the provisions of this section, order a second court Sesliom : 
 to be formed, and appoint by writing signed bv him a barrister -^'''<""'^«'' ■ 
 
 p/» ,, ,. ., ,. , Clerk of the 
 
 ot hve years standmg to preside therein, and try such felonies Peace. 
 and misdemeanours as shall be referred to him therein. 
 
 (2.) The barrister so appointed shall be styled assistant 
 recorder, and shall have and exercise the same powers, subject 
 to the same regulations (save as regards the making of a 
 declaration as in the Eighth Schedule) as the recorder ; and 
 the proceedings had by and before the assistant recorder shall 
 be as effectual as if had by or before the recorder, and shall be 
 enrolled and recorded accordingly. 
 
 [It will be observed that a new style is introduced in this clause, "assistant 
 recorder" instead of "assistant barrister" as in the previous statute]. 
 
 (3.) But the assistant recorder shall not have any power or 
 jurisdiction except while the recorder is sitting in quarter 
 sessions ; save that the assistant recorder may finish any case 
 in which the prisoner has pleaded, and in the trial whereof the 
 assistant recorder is actually engaged at the time when the 
 recorder ceases to sit, and may sentence any prisoner tried 
 before him, but not then sentenced. 
 
 (4.) If at any time during the sitting of the second court 
 the recorder is of opinion that it is no longer required, he 
 may direct the assistant recorder at a proper opportunity to 
 adjourn it. 
 
 (5.) Where a second court is so formed, the clerk of the 
 peace shall, on the request of the recorder, appoint an assistant, .' 
 
 and the recorder shall appoint an additional crier for the second 
 court. 
 
 (6.) The recorder shall not exercise the powers given by 
 this section unless — 
 
 (a.) It has been before each quarter sessions certified to him 
 in writing signed by the mayor or two aldermen or 
 the town clerk that the council have resolved that it 
 will be expedient that those powers be exercised; 
 and 
 (6.) The name of the barrister to be appointed has at some 
 previous time been approved by the Secretaiy of 
 State as that of a fit person to be from time to lime 
 so appointed.
 
 150 
 
 THE EyCfLISlI MUNICIPAL CODE. 
 
 Borough 
 
 Quarter 
 
 ^essiotis 
 
 Jiicordtr 
 
 Clerk of 
 
 Feacv. 
 
 the 
 
 Two guineas. 
 Half a guinea. 
 
 (7.) AVliere a resolution of the council is so certified, tlie 
 resolution and certificate shall, if the resolution so provides, 
 continue in force during twelve months from the date of the 
 resolution, and during such continuance no fresh resolution or 
 certificate shall be necessary. 
 
 [This duration of time for which the certificate may be in force was an 
 amendment by 40 & 41 Vict. c. 17, s. 1 (1877), of 7 Will. 4 and 1 Vict. c. li), 
 8. 1 (1837)]. 
 
 (8.) An assistant recorder, assistant clerk of the peace, and 
 additional crier shall have remuneration as appearing by the 
 Fourth and Fifth Schedules. 
 
 [These fees are set out in the second paragraph of the Fourth Schedule as 
 follows : — 
 
 Assistant Recorder and Officers of Second Court of Quarter Sessions. 
 
 For every day not exceeding two, or, by resolution of 
 the council, wilh the sanction of the Secretary of State, 
 not exceeding six — 
 
 To an assistant recorder ..... Ten guineas. 
 
 To an assistant clerk of the peace 
 
 To an additional crier .... 
 
 The remuneration is payable on a certificate from the recorder showing the 
 amount duo. (The remuneration is payable from the borough fund without 
 an order from the council — Fifth Schedule, paragraph 3). 
 
 (9.) The powers given to the recorder by this section may be 
 exercised by the deputy recorder. 
 
 (10.) Appointments made and certificates given under thij> 
 section shall not be subject to any stamp duty or other tax. 
 
 [The effect of sections 1, 2, and 3 of 7 Will. 4 and 1 Vict. c. 19 (1837), and 
 sections 1 and 2 of 40 & 41 Vict. c. 17 (1877), is preserved in this clause]. 
 
 Linbiiity of 169. — A uiunicij^ial Corporation of a borough having a separate 
 
 riuarter sessions court of quarter scssious* shall be liable to pay the costs and ex- 
 expenece. pcuses attending ihe prosecution of any felonu committed or sup- 
 
 posed to have been committed in the borough, and of any other offence 
 committed or supposed to have been committed in the borough the 
 costs and expenses attending the prosecution whereof are by 
 law payable as in the case of a felony. The amount of those costs 
 and expenses shall be ascertained as directed by law, and the 
 order of the court for the payment thereof sliall be directed to 
 the treasurer of the borough. 
 
 [The effect of section 113 of the Act of 1835 is preserved in this clause. See 
 Meg. V. Treasurer of Oswestry (12 Q. B., 239), as to the direction to the treasurer]. 
 
 • By section 35, subsection 5, of the Local Government Act, 1888, quarter sessions 
 boroughs, not being countj' boroughs, may be assessed to county contributions for 
 costs of assizes and bessions, and all costs ot prosecutions under this section are to Ic 
 paid from the county fund.
 
 THE MUXICIPAL CORFORATIONS ACT, 1882. 151 
 
 07 •/»• Sheriff. 
 
 Sherijf. 
 170. — (1.) The council of every borough being a county of AppnintmenB 
 itself, and of the city of Oxford, shall on the ninth of November counues o^ 
 
 • . r> , , , , , „ cities a ,d 
 
 in every year appoint a fat person to execute the office of sheriff, co.mtiesof 
 
 towns 
 [The Sheriff of Oxford was first appointed under section 61 of the Act of 
 
 1835, but his duties are confined to executing the writs of the city courts. 
 
 He has not the execution in the city of writs from the superior courts (see 
 
 Grainger v. Taunton, 3 Bing. N. C. 64). 
 A sheriff may not act as justice during the year of his shrievalty (1 Mary, 
 
 sess. 2, c. 8, s. 2). 
 
 The office of sheriff is not one of profit (see section 8 of 5 & 6 Vict. c. 104)]. 
 
 (2.) The appointment shall be made at the quarterly meeting 
 of the council immediately after the election of the mayor. 
 
 (3.) The sheriff shall hold office until the appointment of his 
 successor. 
 
 (4.) He shall have the same duties and powers as the sheriff 
 or the person filling the office of sheriff in the respective borough 
 or city would have had if the Act had not been passed. 
 
 [The effect of section 61 of the Act of 1835, and section 5 of 6 & 7 Will. 4, 
 c. 105 (1836), is preserved in this clause. For jui-isdiction of sheriff and his 
 liability, see 40 & 41 Vict. c. 21, ss. 30 & 31 ; as to prisoners under sentence of 
 death, see 28 & 29 Vict. c. 126, s. 58; 40 & 41 Vict. c. 21, s. 32, and 42 & 43 
 Vict. c. 1, s. 3]. 
 
 Coroner.* Coroner. 
 
 171. — (1.) The council of a borough having a separate court Appointment, 
 of quarter sessions shall, within ten days next after receipt of borouRii 
 
 coroEGr in 
 
 the grant thereof by the council, and thenceforward from time boroushshav- 
 
 . ing separate 
 
 to time, appoint a fat person, not an alderman or councillor of quarter 
 
 sessions. 
 
 the borough, to be coroner of the borough : [and ihereafter no Regaled. 
 person other than the coroner so appointed shall take in the borough 
 any inquisition belonging to the office of coroner: '\ 
 
 [The coroner is not required to be qualified by residence, estate, or otherv9-ise, 
 except that of being a "fit" person. As to ability of Coroners to be magi- 
 strates ' ' The Lord Maior for the Time being, is perpetual Coroner and Escheator 
 within the said citj' of London and Liberties of South wark, and the Coroner's 
 Court is always held before him or his Deputy." Dyer 317, Stamf. lib. 2 cap. 31. 
 Cro. Jac. 531,' "Justice of Peace for London." And by 2 Chart. Jac. 1, "Justice 
 of Oyer and Terminer." (See " Privilegia Londoni," by W. Bohnn, 1273). 
 
 "WTiether in other cities the same privilege of justice and coroner extends is 
 doubted. See Ddlt. Just. c. 3, s. 10, and Lamb Eiren, lib. 1 c. 14. The 34 & 
 35 Vict. c. 18, disqualifying practising attorneys withia city or county whereia 
 they practise, is silent as to office of coroner. 
 
 See also subsectioa I of section 157, and note thereon at page 140. 
 
 The Lord Chief Justice of the Queen's Bench is the principal coroner in the 
 Kingdom, and may (if he pleases) exercise the jurisdiction of a coroner in any 
 part of the realm. 14 Kep. 57. By Stat. 4 Ed. 1, de officio Coronatoris, the 
 office of coroner principally judicial. He is by virtue of his office a conservator 
 of the King's peace, and becomes a magistrate by virtue of his appointment, 
 having power to cause felons to be apprehended, whether an inquisition be found 
 against them or not. (See "Lewis on Coroners," 2nd Ed., p. 30)]. 
 
 * By section 38, subsection 2, paratrraph a of the Local Government (England and 
 Wales) Act, 1888, the duti. s and liabilit es of all quarter se.=sions boroughs with a 
 population of less than 10,000, as regards coroners, are to cease subject to protection 
 of existing officers. See Appendix. 
 
 t Repealed by the Coroner's Act, 1887 (.50 & 51 Vict. c. 71), which should be 
 referred to for full effect of re-enactments. See Appendix.
 
 I.'=i2 
 
 THE EXGLISU MUNICIPAL CODE. 
 
 Caroifjr. 
 
 Power of 
 borough 
 coroner lo 
 anpoim a 
 (lepuiy. 
 
 Eeturns hy 
 
 boiougii 
 
 coroners. 
 
 Stpealcd. 
 
 (2.) The coroner shall hold office durinf^ good behaviour. 
 
 (3.) A vacancy in the office shall be filled up within ten days 
 after it occurs. 
 
 (4.) The coroner shall have, by order of the recorder, 
 remuneration as appearing in the Fourth and Fifth Schedules. 
 
 [The effect of section 62 of the Act of 1S35 and section 3 of 7 Will. 4 and 
 1 Vict. c. C8 (1S37), is presPived in this clause. The romunemtion to tho 
 coroner is set out in the Fourth Schedule, paragraph 3, as follows : — 
 
 Coroner. 
 
 To the horou£?h coroner (suhject to the proTisions of any- 
 other Act relating to coroners) — 
 
 For every inquisition which he duly takes in the 
 borou"h --------- 
 
 Twenty shillinga. 
 
 and 
 
 For every mile exceeding two miles which he is com- 
 pelled to travel from his usual iilace of abode to take 
 euch inquisition -------- Ninepenee. 
 
 (This remuneration is not payable without an order from the council — Fifth 
 Schedule, paragraph 4). The practice is for the coroner to present his account 
 at each quarter sessions to the recorder w^ho makes an order on the council lor 
 payment of the same]. 
 
 172. — (!•) In case of illness or unavoidable absence, the 
 coroner shall appoint by writing signed by him a fit person, 
 being a barrister or solicitor, and not an alderman or councillor 
 of the borough, to act for him as deputy coroner during his 
 illness or unavoidable absence, but not longer or otherwise. 
 
 (2.) The mayor or two justices for the borough shall on each 
 occasion certify by writing signed by him or them the necessity 
 lor the appointment of a deputy coroner. This certificate shall 
 state the cause of absence of the coroner, and shall be openly 
 read to every inquest jury summoned by the deputy coroner. 
 
 [The effect of section 6 of 6 & 7 Will. 4, c. 1 05 (1S36) is preserved in this clause. 
 
 It is eulliciont cause for the appointment of a deputy that the coroner is 
 holdmg another inquest. lieg. v. Per/an (7 Q. B., 165). 
 
 There is no restriction as to standing of the barrister. 
 
 An inquest commenced must be completed by deputy, who signs the inquisition 
 in the name of the coroner, affixing his own name as his deputy]. 
 
 [173. — On or be/ore the first of Fchnmry in every year the 
 coroner shall send to the Secretary of State a return in writing, 
 in such form as the Secretary of State directs, of the particulars 
 of each case in which the coroner or his deputy icas called npon to 
 hold an inquest during the year ending on the then last thirty-first 
 of December*^ 
 
 £The effoct of section 63 of the Act of 183-5 ia preserved in this clause]. 
 
 • Kepcalei and re-enacted by the Coroner's Act, 1887 (.50 & 61 Vict. c. 71). See 
 Appendix.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. 153 
 
 174. — (1.) Where a borough has not a separate court of quarter Coroner, 
 sessions no person other than the coroner for the county or district Actins? of 
 
 -* .'J county coroner 
 
 in which the borough is situate shall take in the borough ang '"^ borough. 
 inquisition belonging to the office of coroner. 
 
 (2.) That coroner shall, for everg inquisition duly taken bij him 
 within the borough^ be entitled to such rateable fees and salary as 
 would be allowed and due to him, and to be allowed and paid in 
 like manner, as for any other inquiviiion taken by him within the 
 
 county or district.* 
 
 [The effect of se tion 64 of the Act of 1835 was preserved in this clause]. 
 
 Borough Civil Court. ^ Bor,mnh Civil 
 
 '^ ' Court. 
 
 175. — (l.) The recorder, if there is one, shall continue to he jua^eof 
 the judge of the borough civil court, except in the following court wherV 
 cases, that is to say, where the court is regulated by a local recorder. 
 Act of Parliament, or where a barrister of five years' standing 
 acted at the passing of the Municipal Corporations Act, 1835, 
 as judge or assessor of the court. 
 
 (2.) The recorder, if judge, may, in case of his illness or 
 unavoidable absence, appoint by writing signed by him a 
 barrister of five years' standing to act for him as deputy judge 
 of the court at the court or courts then next to be holden, or 
 then being holden, and not longer or otherwise. 
 
 (3.) The recorder on every occasion of his appointing a 
 deputy judge shall forthwith send to the Secretary of State a 
 statement of his reason for so doing. 
 
 (4.) A court shall not be illegal, nor shall the acts of the 
 deputy judge be invalid, by reason of the absence of the 
 recorder not being unavoidable. 
 
 * Eepealed by the Coroner's Act, 18S7 (50 & 51 Vict. c. 71). See Appendix. 
 
 \ The powers vested in borough civil courts are defined in succeeding sections, and 
 particularly section 183. It was anticipated at the time of the passing of the Act of 
 1835 that there would be a revival of the civil courts and jurisdictions then in abeyance, 
 but tlie establishment of new county courts by the 9 & 10 Vict. c. 95 (with their 
 inexpensive procedure and tlie extensive powers conferred on them by recent Acts) 
 have ahnost completely annihilated the various borough jurisdictions. Only eighteen 
 out of tlu> 178 cities and boioughs scheduled in the Act of 1835 are now included in the 
 annual Judicial Eeturns witli respect to their civil jurisdiction, and of that number 
 not moi-e than a dozen can be said to have a publicly-recognised existence. At un- 
 frequent hitervals a suit is entered in the civil court of one or otiier of the boroughs, 
 not set out in tlie Judicial Returns ; but so seldom does this occur, that the fact is 
 hardly known outside the precincts of the court. The few tribunals which can boast 
 an uninterrupted practice since 1835 have in a certain measure been reconstituted, 
 and raised from the state of inefhciencv and disorder into which they had fallen 
 previous to that year, with the result of their now enjoying a deserved popularity with 
 litigants such asdistinguishes the Mayor's Court of London. It is no answer to a 
 mandamus requiring cause to be shewn why a Borough Court of Record has not been 
 held, to say that it has been discontinued for 200 years or on account of want of fimds. 
 See Rex v. Mayor of Wells, 4 Dowl. P.C. 562, and Rex v. Mayor of Hastings. 1 D. & R 
 148.
 
 154 
 
 THE EXGLISn MUXICIPAL CODE. 
 
 Porouffh 
 Civil Court. 
 
 Judge of 
 boriius^h civil 
 court where 
 tbere is no 
 recorder. 
 
 Tenure of 
 judge. 
 
 Registrar and 
 other officers 
 and fees. 
 
 (5.) The recorder, where judge, and the deputy judge, shall 
 have such remuneration as the council fix by bye-law. 
 
 (6.) Where the recorder is judge, the court may in his 
 absence be holden for all purposes within the competency of 
 the court, except the trial of issues of fact or of law, before any 
 person, being a barrister of five years' standing or a solicitor of 
 five years' practice, from time to time appointed for that 
 purpose by the recorder by writing signed by him. 
 
 (7.) Where the recorder or his deputy is judge, all orders, 
 affidavits, and matters, except the trial of issues in law or in 
 fact, relating to the business of the court, if not regulated by a 
 local Act, may be made, sworn, or done in or out of court in 
 the absence of the recorder and his deputy by or before the 
 registrar or such other person, being a barrister of five years' 
 standing or a solicitor of five years' practice, as the recorder 
 appoints by writing signed by him, 
 
 [The effect of section 118 of the Act of 1835, section 9 of 6 & 7 "Will. 4 c. 
 105 (1836), sections 32 and 33 of 7 Will. 4 and 1 Vict. c. 78 (1837), and 32 & 
 33 Vict. c. 23 (1869), is preserved in this clause]. 
 
 176. — Where there is a borough civil court, but no recorder, 
 such officer of the borough as by the charter constituting the 
 court, or by custom, is the judge of the court, shall continue to 
 be and act as such judge ; and tho council, whether the court 
 is regulated by a local Act or not, shall have power for that 
 purpose to appoint the necessary officer. 
 
 [The effect of section 118 of the Act of 1835 is preserved in this clause. The 
 officer appointed must look to the Borough Fund for his salary, and cannot 
 maintain an action for arrears of it. Addison v. Mayor, fc. of Freston (12 Q,. B., 
 108)]. 
 
 177. — Every judge or assessor of a borough civil court, other 
 than the mayor, shall hold his office during good behaviour. 
 
 [The effect of section 118 of the Act of 1835 is preserved in this clause]. 
 
 178. — (1.) Except where the town clerk acts as registrar, 
 the council shall from time to time appoint a registrar of the 
 borough civil court. 
 
 (2.) The council shall from time to time appoint other 
 requisite officers and servants of the court. 
 
 (3.) The fees to be taken by the registrar and other officers 
 of the court shall be from time to time fixed by the council, 
 subject to the approval of the Secretary of State.
 
 THE MUNICIPAL CORPORA TIOXS ACT, 1SS2. 155 
 
 (4.) If and as far as the fees are not so fixed, they shall ^oroxz/h 
 
 C'nU Court. 
 
 be those usually taken before the passing of the Municipal 
 Corporations Act, 1835. 
 
 [The effect of sections 119 and 124 of the Act of 1835 is preserved in this 
 
 cliiuse]. 
 
 179. — (1.) The registrar of a borough civil court, or any Solicitors, 
 other officer of the court, shall not himself, or by any partner 
 or clerk, practise as a solicitor or attorney, in the court : nor 
 shall any partner or clerk of the registrar act as agent for any 
 other solicitor or attorney in the court. 
 
 (2.) Unless so disqualified, every solicitor of the Supreme 
 Court of Judicature may practise as solicitor in the court. 
 
 [The effect of section 119 of the Act of 1835 is preserved in this clause. See 
 Reg. V. Mayor ^-c. of York (3 Q. B., 550) as to subsection 2]. 
 
 180. — (1) Each borough civil court shall be holden for trial J^?^? °* 
 
 ' ° _ holding court. 
 
 of issues of fact and of law four times at least in each year, 
 and with no greater interval than four months between two 
 successive courts. 
 
 (2.) Subject as aforesaid, where the recorder is judge, the 
 court shall be holden at such times as the recorder thinks fit, or 
 as the Secretary of State from time to time directs. 
 
 [The effect of section 9 of 6 & 7 Will. 4, c. 105 (1836), and section 2 of 
 2 & 3 Vict. c. 27 (1839), is preserved in this clause]. 
 
 181. — Every personal action brought in a borough civil court Procedure, 
 shall be commenced by writ of summons. 
 
 [The effect of section 3 of 2 & 3 Vict. c. 27 (1839) is preserved in this 
 clause]. 
 
 182. — (1.) Subject to the provisions of this Act, the judge Power for 
 of a borough civil court may from time to time make rules for mies of 
 regulating the times of holding the court and the procedure, 
 practice, and pleadings therein, and the fees of solicitors therein, 
 and may by any rule revoke or alter any former rule. 
 
 [With respect to the practice of these courts of record, the result of the 
 several enactments which have from time to time been passed on the subject 
 Beems to be that every judge of such court may from time to time make, alter, 
 and revoke such rules for appointing the times for holding such court (provided 
 that it shall be held for the trial of issue of fact and of law four times in each 
 year, and with no greater interval between the holding of any two successive 
 courts than four calendar months), for regulating the forms and manner of pro- 
 ceeding, the process, appearance, practice, and pleading in such courts, and for 
 settling the reasonable fees of the attorneys of the court for business transacted 
 therein, with a view to conducting the business of the coart with most conve-
 
 lo6 
 
 THE ENGLISn MUXICIPAL COLE. 
 
 Civil Cuurt. 
 
 Jurisdiction 
 cf Court. 
 
 B;iv<nK fnr 
 Civil cuurts. 
 
 nienoe and at thi' smallest reasonable expense; such rol'S, or any order revolvinof 
 or altering such rules, only to be in force upon being allowed and confirmed by 
 three of the judges of the superior courts at Westminster. It would also seem 
 that these enactmon's have been construed by the judges to give the power of 
 granting new trials, although it had formerly been held that this court could not 
 give a new trial, and indeed had been laid down generally that inferior c urts 
 could not grant a new trial on the merits. (See "Grant on Corporations," 
 page 491)]. 
 
 (2.) But where there is a recorder and he is not the judge 
 of the court, every rule made by the judge shall be subject to 
 the approval of the recorder in writing signed by him ; save 
 that this provision shall not apply where the recorder acts as 
 deputy of the judge. 
 
 ('J.) In every case (whether the recorder is judge or not) 
 rules made by the judge under this section shall be subject to 
 the approval of three judges of the High Court. 
 
 [Theeffoctof scctiun 118 oftho Act of 183o, section 9 of 6 & 7 Wai. 4, 
 c. 105 (1836;, and sections I and 3 of 2 & 3 Vict. c. 27 (1869), is preserved in 
 this clause]. 
 
 183. — (1.) "Where by the Municipal Corporations Act, 1835, 
 jurisdiction was conferred on a boiough civil court whereof the 
 recorder is judge, or wherein a barrister of five j^ears' standing 
 acts as judge or assessor, to try personal actions wherein the 
 sum sought to be recovered does not exceed twenty pouuds, 
 and actions of ejectment between landowner and tenant wherein 
 the annual rent of the property whereof possession is sought to 
 be recovered does not exceed twenty pounds, no fine having been 
 reserved or made payable, then that court shall continue to have 
 that jurisdiction. 
 
 (2.) Any action wherein the title to land of any tenure, or to 
 any tithe, toll, market, fair, or otlier franchise is in question, 
 shall not be tried in a borough civil court which before the 
 passing of the Municipal Corporations Act, 1835, had not 
 authority to try actions wherein such titles were in question. If 
 it appears to such a court that such a title is in question in an 
 action tbe jurisdiction of the couit in the matter of the action 
 shall cease ; and the court may, if it thinks fit, award costs 
 against tlie party commencing the action. 
 
 [The effect of section 118 of tho Act of 1835 is preserved in this clause]. 
 
 184. — (I.) Nothing in this Act shall take away or abridge 
 in respect of local extent, amount, or otherwise, any power, 
 jurisdiction, or authority of a borough civil court, or of a judge,
 
 THE MUXICIPAL COIirURATIoyS ACT, l/iSS. 157 
 
 or assessor, or registrar thereof, or of any deputy of a judge, or ^"'"".^^ 
 assessor, or registrar thereof, or affect the constitution or 
 procedure thereof ; and, subject to the express provisions of 
 this Act, such power, jurisdiction, authority, constitution, and 
 procedure, shall continue and be as if this Act had not been 
 passed, 
 
 (2.) Nothing in this Act shall affect the Borough and Local 
 Courts of Record Act, 1872. 
 
 [The effect of the Act named (the 35 & 36 Vict. c. 86), so far as it affects 
 borough courts, is comprised in this clause]. 
 
 185. — It shall be lawful for the Queen, by Order in Council, Power to ext«nd 
 
 *' _ jurisdiction 
 
 on the ioint petition of the iustices of a county in quarter of ''orousu 
 
 J ' •> J I civil couro. 
 
 sessions and of the council of a borough, to grant that the 
 jurisdiction of the borough civil court shall extend over any 
 district adjacent to the borough within the jurisdiction of 
 those quarter sessions ; and the same shall extend accordingly. 
 
 [The effect of section 35 of 7 Will. 4 and 1 Vict. c. 78 (1837) is preserved in 
 this clause]. 
 
 Borough Juries. Borough 
 
 Juries. 
 
 186. — (1.) Every burgess* of a borough having a separate Provisions as 
 court of quarter sessions or a borough civil court shall, unless boroughs^ 
 by law exempt or disqualified, be qualified and liable to serve 
 en grand juries in the borough, and on juries for the trial of 
 issues joined in either of those courts. 
 
 [The persons exempt or altogether disqualified from serving on juries are : — 
 Aliens, unless the jury be de medutale lingua ; persons attainted of treason or 
 felony, or of any crime that is infamous, unless they have obtained a pardon ; persons 
 outlawed or excommunicated ; and women, unless on a writ de ventre inspiciendo. 
 Those who are merely exempted from serving on juries may be classed under 
 the following heads — viz., peers ; judges of tlie courts of record at Westminster ; 
 clergymen in holy orders; qualified Roman Catholic clergymen; qualified 
 Protestant dissenting clergymen; Serjeants, and barristers-at-law actually 
 practising ; doctors and advocates of the ci\'il law actually practising ; attorneys 
 and proctors dul^- admitted and actually practising in the courts of law or equity, 
 or in the ecclesiastical or Admiralty courts, who have taken out their annual 
 certificates ; officers in any of these courts actually executing the duties of their 
 offices ; coroners, gaolers, and keepers of houses of correction ; members and 
 licentiates of the Ivoyal College of Physicians in London actually practising ; 
 surgeons who are members of one of the Royal Colleges of Surgeons, in London, 
 Edinburgh, or Dublin, and actually practising ; apothecaries certificated by the 
 court of examiners cf the Apothecaries' Company, and actually practising ; 
 
 * Aldermen, councillors, the treasurer, and the town clerk, are not exempt from 
 serving on juries for their borough, except they obtam their exemption under one or 
 other of the descriptions noted at the end of the subsection. They are exempt from 
 serving on the county juries.
 
 I.tS the ENGLISH MUNICirjL CODE. 
 
 Borough oDBcers of the army and navy on full pay; pilots licensed by the Trinity House 
 
 Juries. of De])tford, Hull, or Newcastle ; masters of sliips in the buoy and li^lit service ; 
 
 and pilots licensed by the lord warden of tlio CiiKiuo Ports, or under any Act 
 of Parliament or charter in any other port ; the lu)Useliold servants of Her 
 Majesty; oDQccrs of the customs or excise; sheriQs' ollicers; high constables 
 and parish clerks]. 
 
 (2.) The clerk of the peace shall give public notice of the 
 time and place of holding the court of quarter sessions ten 
 days at least before the holding thereof, and shall, seven days 
 at least before the holding thereof, summon a sufiicient number 
 of persons, qualified and liable, to serve as grand jurors at the 
 sessions. 
 
 (3.) The clerk of the peace and registrar of the borough 
 civil court respectively shall also summon a sufficient number 
 of persons, qualified and liable, to serve as jurors at every such 
 sessions, and at the holding of every such civil court for the 
 trial of causes, if there is any cause then to bo tried. 
 
 (4.) The summons may be made by showing to the person 
 to be summoned, or, if he is absent from his usual place of abode, 
 by leaving with some person therein inhabiting a notice con- 
 taining its substance, and signed by the clerk of the peace or 
 registrar, as the case may be. 
 
 (5.) The clerk of the peace and registrar shall make out lists 
 containing the surnames and other names, abodes, and descrip- 
 tions of the persons summoned by them respectively. 
 
 (6.) No person shall be summoned under this section to serve 
 as a juror more than once in any year, unless every person 
 qualified and liable so to serve has been already summoned 
 once in that year. 
 
 (7.) If any person, having been duly summoned * under this 
 section, fails to attend according to the summons, or, being 
 thrice called, does not answer to his name, or after his appear- 
 ance wilfully withdraws himself from the court, he shall (unless 
 some reasonable excuse is proved by him to the satisfaction of 
 the court), be liable to pay a fine of such amount as the court 
 thinks fit. 
 
 (8.) If the person on whom any such fine is imposed refuses 
 to pay it to the person authorized by the court to receive it, the 
 court may, then or at the next sitting, by order of the court 
 signed by the clerk of the peace or registrar, cause to be levied, 
 
 * The 33 & 34 Vict. c. 77 provides that six days' notice to serve on juries shull 
 be sutticieut.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 169 
 
 by distress and sale of the goods of the person on whom the fine i^oro"gk 
 is imposed, the fine and the reasonable charges of the distress 
 and sale. 
 
 (9.) Nothing in this Act shall affect the Juries Act, 1870.* 
 
 [The effect of section 121 of the Act of 1835, and section 36 of 7 Will. 4 and 
 1 Vict. c. 78 (1837), is preserved in this clause.] 
 
 Excc2Jtional Provisions. Exceptiovai 
 
 ■'■ Provisions. 
 
 187. — The grant to a borough of a separate commission of the Grants to 
 
 <-' . boroughs not 
 
 peace, or of a separate court of quarter sessions, shall not be affected by 
 prejudicially affected by any subsequent grant to or for any ^'■*^"'[ "-^ 
 county of a commission of the peace or other commission. 
 
 [The effect of 2 & 3 Phil. & Mary, c. 18, is preserved in this clause.] 
 
 188. — (1.) Until Her Majesty is pleased to direct a com- Trial of offences 
 mission of oyer and terminer and gaol delivery to be executed counties of 
 
 . 1 . 1 1 1 • o • n cities and 
 
 withm any borough being a county or a city or county of a town, counties of 
 all bills of indictment for offences committed within that borough 
 shall be preferred, and all proceedings thereon shall be had, in 
 the manner authorized by the Act of the thirty- eighth year of 
 the reign of King George the Third, chapter fifty-two, "to 
 regulate the trial of causes, indictments, and other proceedings 
 which arise within the counties of certain cities and towns 
 corporate within the kingdom." 
 
 [Sections 1 and 2 of the Act cited are as follows : — (1.) *' Whereas there at pre- 
 sent exists in the counties of cities and of towns corporate within this kingdom, 
 an exclusive right, that all causes and offences which arise within their par- 
 ticular limits, should be tried bj' a jury of persons residing within the limits of 
 the county of such city or town corporate ; which ancient privilege, intended frr 
 other and good purposes, has in many instances been found by experience not 
 to conduce to the ends of justice ; And whereas it will tend to the more eSectual 
 administration of justice in certain cases, if actions, indictments, and other 
 proceedings, the causes of which arise within the counties of cities and towns 
 corporate, where tried in the next adjoining counties : In order, therefore, to 
 remedy this mischief for the future, be it enacted, &c. That, from and alter the 
 passing of this Act, in every action whether the same be transitory or local 
 which shall be prosecuted or depending in any of his Majesty's Courts of Record 
 at Westminster, and in every indictment removed into his Majesty's Court of 
 King's Bench by writ of certiorari, and in every information filed \)\ his Blajesty's 
 Attorney or Solicitor-General, or by the leave of the Court of King's Bench, 
 and in all cases where any person or persons shall plead to or traverse any of the 
 facts contained in the return to any writ of mandamus, if the venue in such 
 action, indictment, or information be laid in the county of any city or town cor- 
 porate within that part of Great Britain called England, or if such writ of 
 mavdamus bo directed to anj' person or persons, body politic and corporate, that 
 it shall and may be lawful for the court in which such action, indictment, in- 
 
 • The 33 & 34 Vict. c. 77.
 
 ICO 
 
 THE ENGLISH MUXICIPAL CODE. 
 
 Excepfinval formation or other proceeding shall be depending, at the prayer and instance of 
 Piovisionx. any prosecutor or plaintiff, or of any defendant, to direct the issue or issue? 
 joined in such action, indictment, information or proceeding, to be tried by a jury 
 of the county next adjoining to the county of such city or town corporate, and 
 to award pr()]ier writs of venire and distringas accordingly, if the said court shall 
 think it fit and proper to do so." 
 
 ('2.) " And be it further enacted by the authority aforesaid, tliat it shall and 
 may lo lawful for any prosecutor or prosecutors to prefer his, her, or their bill 
 or bills of indictin(>nt. for any offence or offences committed, or charged to be 
 committed, within the county of any city or town corporate, to the jury of the 
 county next adjoining to the county of such city or town corporate, sworn and 
 charged to intjuiro for tlie King, for the body of such adjciining county at any 
 sessions of oyir and tiTinincr, or general gaol delivery; And that every such 
 bill of indictment f mnd to be a true bill by such jury shall be valid and effectual 
 in law, as if the same had been found to be a true bill by any jury sworn and 
 charged to inquire for the King for the body of the county of such city or town 
 corjjorate. " 
 
 Held, that the court may direct an action the venue of which was laid in 
 the corporate district to bo tried in the adjoining county. Colg v. Gane 
 (3 D. & L., 3G'.)). 
 
 Local venue in civil actions was abolished by Order XXXVI., Rule 1, of 
 the Judicature Act, 1875. 
 
 The jurisdiction of the assizes is not affected by the grant of a court of quarter 
 eessions to a borough. Reg. v. lloldcn (S C. & P. GoG)], 
 
 (2.) For the purposes of tnat Act each borough named in the 
 Sixth Schedule shall be considered as next adjoining the county 
 named in conjunction therewith. 
 
 [The eff'ect of section 109 of the Act of 1835, and 33 Geo. 3, c. 52, is 
 preserved in this clause]. 
 
 The Sixth Schedule is as follows : — 
 
 Counties to which certain Boroughs are to bk considered adjoining fob 
 
 Purposes of Criminal Trials. 
 
 Berwick-upon-Tweed 
 Bristol . . . . 
 
 Chester . . 
 Exeter . . 
 
 Kingston-upon-HuU , 
 Newcastle - upon-Ty no 
 
 Northumberland. 
 
 Gloucestershire. 
 
 Cheshire. 
 
 Devonshire. 
 
 Yorkshire. 
 
 Northumberland. 
 
 jurisaiction 189. — Where under any Act a place has ceased or ceases to be 
 
 Bcparatedfrom pait of a borougli or the liberties thereof, all matters by virtue 
 of a local Act of Parliament or otherwise cognisable by a justice 
 or by the quarter sessions having jurisdiction within that place 
 shall be cognisable by the justices or the quarter sessions of 
 the county, liberty, or jurisdiction within which the place is 
 situate, in the same manner and subject to the same provisions 
 as they were within the jurisdiction of the justices or the quarter 
 sessions for that place. 
 
 [The effect of section 30 of 7 Will. 4 and 1 Vict. c. 78 (1837) is preserved in 
 this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS2. IGl 
 
 PART IX. 
 
 POLICE.* 
 
 Watch Committee; Constahlos. Watch 
 
 190. — (1.) The council shaJl from time to time appoint, for clm'tahhl.' 
 such time as they think fit, a sufficient number not exceediuer '-"ouncii to 
 
 . ° appoint watch 
 
 one third of their own body, who, with the mayor, shall be the committee, 
 watch committee. 
 
 [Tiie limit here prescribed was absent from the Act of 1835, the council 
 being empowered to appoint the mayor and a tuiJHrieiit nionber of their own 
 body. The practice in many boroughs was to appoint the whole of the council as 
 the " Watch Committee." 1 he mayor is an ex officio member of the committee.] 
 
 (2.) The watch committee may act by a majority of those 
 present at a meeting thereof, but shall not act unless three are 
 so present. 
 
 [The effect of section 76 of tl^e Act of 1835 is preserved in this clause. 
 Only 1 ayments to be made under Part II. of the Fifth Schedule need be sub- 
 mitted bv the watch committee to the council for approval. — Eey. v. Thompson, 
 5Q. B.477.] 
 
 191. — (1.) The watch committee shall from time to lime Appointment, 
 appoint a sufficient number of fit men to be borough constables, powers of 
 
 (2.) A borough constablef shall be sworn in before a justice constables. 
 having jurisdiction in the borough, and when so sworn shall, in 
 the borough, in the county in which the borough or any part 
 thereof is situate, and in every county being within seven miles 
 from any part of the borough, and in all liberties in any such 
 county, have all such powers and privileges, and be liable to 
 all such duties and responsibilities, as any constable has and is 
 liable to for i\\Q time being in his constablewick, at common 
 law or by statute, and shall obey all such lawful commands as 
 he receives from any justice having jurisdiction in the borough 
 or in any county in which the constable is called on to act. 
 
 [As to acting within the county in which the borough is situate, see McUor 
 V. Leather (1 E. & B., 619). As to powers and how far they extend, see lieg. 
 V. Cumpton (5 Q. B. D. 341)]. 
 
 (3.) The watch committee may from time to time frame such 
 regulations as they deem expedient for preventing neglect or 
 abuse, and for making the borough constables efficient in the 
 discharge of their duties. 
 
 (4.) The watch committee, or any two justices having juris- 
 
 * See notes, pages 177 and 178. 
 
 t The Local Government Act, 1888, section '2.5, should be consulted as to with- 
 holding of grant in aid of police, if a borough force has not been kept efficient. 
 Borough constables— except special constables— cannot vote at municipal elections 
 during the time they hold office, or withm six months after they cease to be constables. 
 Their names must be expunged from Hsts, whether objected to or not. See Dvidon v. 
 i/n/se, 18 Q. B. D.4-21. They may vote in parUamentary elections under the PoUce 
 Disabilities Removal Act, 1887. 
 
 II
 
 IG'2 
 
 THE EXGLISH MUAUCIFAL CODE. 
 
 Watch 
 Committee ; 
 Constables. 
 
 Quarterly 
 returns as 
 to borousrh 
 constables. 
 
 Power for 
 const.! l)les to 
 ai)piehenfl 
 disorderly 
 persons, &c. 
 
 Penalties on 
 constables for 
 neg-lect cf duty 
 
 dictiou in the borough, may at any time suspend, and the 
 watch committee may at any time dismiss, any borough con- 
 !-table whom they think negligent in the discharge of his duty 
 or otherwise unfit for the same. 
 
 (5.) When a borough constable is so dismissed, or ceases to 
 belong to the constabulary force of the borough, all j^owers 
 vested in him as a constable by vii^tue of this Act shall im- 
 mediately cease. 
 
 (6.) Nothing in this section shall interfere with the operation 
 of an Act of the session of the third and fourth years of Her 
 Majesty's reign " to amend the Act for the establishment of 
 county and district constables * " ; and throughout that Act 
 a reference to this Act shall be deemed to be substituted for a 
 reference to the Municipal Corporations Act, 1835, and any 
 Act amending it. 
 
 [The effect of sections 76 and 77 of the Act of 1835 is preserved in this clause.] 
 
 192. — The watch committee shall, on the first of January, 
 
 the first of April, the first of July, and the first of October in 
 
 every year, send to the Secretary of State a copy of all rules 
 
 from time to time made by the watch committee or the council 
 
 for the regulation and guidance of the borough constables. 
 
 [T}ie effect of so much of section 86 of the Act of 1835 as has not been 
 repealed and 21 & 22 Vict. c. 67 (18.38), is preserved in this clause. 
 
 193. — A borough constable may, while on duty, apprehend 
 any idle and disorderly person whom he finds disturbing the 
 public peace, or whom he has just cause to suspect of intention 
 to commit a felony, and deliver him into the custody of the 
 borough constable in attendance at the nearest watch-house, in 
 order that he may either be secured until he can be brought 
 before a justice, or where the constable in attendance is em- 
 powered and thinks fit to give bail, give bail for his appearance 
 before a justice. 
 
 [The effect of section 78 of the Act of 1835 is preserved in this clause.] 
 
 194. — If a borough constable is guilty of neglect of duty, or 
 
 of disobedience to a lawful order, he shall for every such olfence 
 
 be liable on summary conviction to imprisonment for any time 
 
 not exceeding ten days, or, in the discretion of the court, to a 
 
 fine not exceeding forty shillings, or to be dismissed from his 
 
 office. 
 
 [The effect of section 80 of the Act of 1835 is preserved in this clause]. 
 
 * The 3 & 4 Vict. c. 83.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 163 
 
 195. — (1.) If any person assaults or resists a borough con- jFaYc/t 
 
 stable in the execution of his duty, or aids or incites any person cZlTtnlZl.' 
 
 so to assault or resist, he shall for every such offence be liable Penalty for 
 
 on summary conviction to a fine not exceeding five pounds. coiVbtabies. 
 
 [This subsection was equivalent to a repeal of sec. 20 of the Police of Town:! 
 Act (10 & 11 Vict. e. 89), and sec. 12 of the Prevention of Crimes Act (3-1 
 & 35 Vict. c. 112), and reduced and limited the power of justices in cities and 
 borou!;hs in cases of assaults on constables to the penalty named, recoverable 
 as provided by sec. 5 of 42 & 43 Vict. c. 49 (Summary Jurisdiction Act), with 
 alternative of one month's imprisonment without* hard labour in default of 
 payment. In counties sec. 12 of the Preventiou of Crimes Act still continued 
 in force, which for a similar offence provides a penalty not exceeding £20, or, 
 in the discretion of the court, in default of payment, imprisonment with* or 
 without harii labour, for a term not exceeding six months. Section 81 of the 
 Act of 1835 was in the terms of the above, so that intermediate legislation on 
 this subject was apparently overlooked. The omission \ta3 very quickly 
 detected after the Act came into operation, and resulted in the passing of a 
 short statute (46 & 47 Vict. c. 44 — see Appendix), which determined the doubts 
 existing bj enacting the retention of the powers given by sec. 10 of 10 & 11 
 Vict. c. 89 and sec. 12 of 34 & 35 Vict. c. 112.] 
 
 (2.) But nothing in this section shall prevent any prosecution 
 
 by way of indictment against any such offender, except that he 
 
 shall not be prosecuted both by indictment and in a summary 
 
 manner for the same offence. 
 
 [The efl'ect of section 81 of the Act of 1835 is preserved in this clause]. 
 
 Special Constables. Sjiedai 
 
 Constables. 
 
 196. — (1.) Two or more of the justices having jurisdiction in Appointment 
 
 a borough shall, in October in every year, appoint, by precept constables, 
 
 signed by them, so many as they think fit of the inhabitants of 
 
 the borough, not legally exempt from serving the office of 
 
 constable, to act as special constables in the borough. 
 
 [Apart from their powers as above the justices have a general authority 
 to appoint special constables on sworn information that a riot may be appre- 
 hended. In all other cases it is customary to specially en gage constables from the 
 county — with the concurrence of the chief constable — or from other boroughs.] 
 
 (2.) Every such special constable shall make a declaration 
 to the effect of the oath set forth in the Act of the session of 
 the first and second years of the reign of King William the 
 Fourth, chapter forty-one, " for amending the laws relative to 
 the appointment of special constables, and for the better pre- 
 servation of the peace," and shall have the powers and 
 immunities, and be liable to the duties and penalties, enacted 
 by that Act. 
 
 * If Imrd labour is imposed it must be authorized by the Acton which the conviction 
 is founded.
 
 164 THE ENGLISH MUNICIPAL CODE. 
 
 Specinl ^3.) He filiall act when so required by the warrant of a justice 
 
 having jurisdiction in the borough, but not otherwise. 
 
 (4.) Tlie warrant shall recite that in the opinion of the 
 justice the ordinary police force of the borough is insufficient 
 at the date of the warrant to maintain the peace of the 
 borough. 
 
 (5.) Notliing in tliis section shall make any person having a 
 right to vote at a parliamentary election liable or compellable 
 to serve as a special constable at or during the election. 
 
 (6.) Special constables shall be entitled to remuneration as 
 appearing by the Fourth and Fifth Scliedules. 
 
 [The effect of section 83 of the Act of 183.5, section 12 of 31 & 32 Vict. 
 c. 72 (18tS), section 8 of 17 & 18 A^ict. c. 102 (1851), and 1 & 2 Will. 4, c. 41 
 (IS.'il), is preservi <1 in this clause. See Rei/. v. Hulton (13 Q. B., o92). 
 
 The remuneration (which may not be paid without an order from the council) 
 refen-ed to in subsection 6 is set out in paragraph 4 of the Fourth Schedule, and 
 is as follows : — 
 
 Special Constables. 
 
 To a special constable, for every day during which he is | Three shillings and 
 called out to act as such .. .. .. .,/ eixpence]. 
 
 „,,-,, Watch Rate. 
 
 Watch Mate. 
 
 Lovjof watch 197. — (1.) Where at the commencement of this Act any rate 
 might be levied in a borough, or in any part of a borough, for 
 the purpose of watching solely by day or by night, or for the 
 purpose of watching by day or by night conjointly with any 
 other purpose, the council may from time to time make and 
 levy a watch rate on the occupiers of all hereditaments within 
 such parts of the borough as are watched by day and by night, 
 and as are from time to time, by order of the council, declared 
 liable to watch rate. 
 
 (2.) The watch rate shall be made on an estimate of the net 
 annual value of the several hereditaments rated thereto, that is 
 to say, of the rent at which, one year with another, they might 
 in their actual state be reasonably expected to let from year to 
 year, the probable annual average cost of the repairs, insurances, 
 and other expenses necessary to ma'ntain them in their actual 
 state, and all rates, taxes, and public charges, except tillies or 
 tithe commutation rentcharge (if any), being paid by the 
 tenant. 
 
 (3.) The watch rate may be made by one rate made yearly, 
 or by two or more rates made half-yearly or otherwise, and may 
 be of any amount, in the discretion of the council, not exceeding 
 
 raw
 
 THE MUNICIPAL CORIOTIATIOXS ACT, 1S82. 165 
 
 in any year eiglitpence in the pound on the net annual value of ^^'"teh Rate. 
 the hereditaments rated thereto. 
 [See hereon 22 & 23 Vict. c. 32, s. 6]. 
 
 (4.) For the purposes of the watch rate the council and all 
 persons concerned, including overseers, shall have all powers 
 given to them in respect of the borough rate for ordering, 
 making, assessing, levying, raising, collecting, or paying the 
 same, or as near thereto as the nature of the case admits. 
 
 (5.) The provision of this Act relating to orders of vestries 
 for the rating, in some cases, of ow'ners, instead of occupiers, 
 shall extend to the watch rate. 
 
 (6.) Nothing in the foregoing provisions of this section (ex- 
 cept the general power to levy a watch rate) shall apply to any 
 borough in which the borough fund is sufficient with the aid of 
 the amount only of watch rate which could for the time being 
 be raised therein under the Municipal Corporations Act, 1835, 
 and without the aid of any borough rate, to defray the expenses 
 of the constabulary force of the borough, with all other expenses 
 legally payable out of the borough fund ; but nothing in the 
 present provision shall affect any benefit or right reserved by 
 Part X., or make the borough fund liable to any expenses 
 with which it would not be otherwise chargeable. 
 
 (7.) Nothing in this section shall affect the liability of the 
 borough fund to make good any deficiency of the watch rate 
 towards the expenses of the police. 
 
 (8.) Nothing in this section shall make liable to watch rate 
 any hereditaments exempted by any local Act from payment of 
 watch rate. 
 
 (9.) Nothing in this section shall alter the comparative 
 liability to watch rate of any hereditaments which are under 
 any local Act in respect of any watch rate entitled to any 
 deduction from, or chargeable with any increase on, an equal 
 pound rate ; but the like comparative deductions and increased 
 charges shall be made under this section. 
 
 [The effect of section 92 of the Act of 1835, and 2 & 3 Vict. c. 28 (1839), is 
 preserved in this clause. The notes and comments following the clauses which 
 deal with the borough fund (pages 127 to 130 ante) may be referred to here]. 
 
 198- — (1-) Where part only of a parish is liable to watch watdimtoiii 
 rate, the overseers shall not pay out of the poor rate the amount 
 of the watch rate charged by the council on that parish, but
 
 166 TBE ENGLISH MUNICIPAL CODE. 
 
 fn.irh Rate, shall make a separate rate or assessment on the part or parts 
 only of the parish liable to watch rate ; which, rate shall be 
 made in like manner and under like regulations and with like 
 means and remedies for recovery thereof as in the case of a rate 
 levied in respect of the contribution towards a borough rate. 
 
 (2.) No such separate rate shall be demanded, collected, or 
 payable until it has been allowed by two justices usually acting 
 in and for the borough and has been published, as a poor rate 
 is by law required to be allowed and published. 
 
 (3). Any person who thinks himself aggrieved by such a 
 separate rate may appeal to the recorder at the next quarter 
 sessions for the borough, or if there is none to the next court of 
 quarter sessions for the county wherein the borough is situate, 
 or whereto it is adjacent ; and the recorder or court shall hear 
 and determine the same, and shall award relief in the premises 
 as in cases of appeal against a poor rate. 
 
 (4.) Every such separate rate may be of the rate in the 
 pound necessary for raising the sum charged by the council, but 
 not exceeding twopence in the pound beyond the rate in the 
 pound at wliich the council have computed the watch rate 
 charged by them. 
 
 (5.) The overseers shall account for money collected under 
 such a separate rate as for mone}^ collected imder a poor 
 rate ; and if there is a surplus in their hands, they shall pay 
 it to the treasurer, to go to the borough fund, to the credit of 
 the place for which the rate was made, and in part payment 
 of the next watch rate laid on that place by the council. 
 
 (6.) The council or a committee appointed for this purpose, 
 on application on belialf of any person rated to such a separate 
 rate to be discharged therefrom, and on proof of his inability 
 through poverty to pay the amount charged on him, may order 
 that he be exciised from the payment thereof, and may strike 
 out his name therefrom ; and the sum at which he was rated 
 ^hall not thereafter be collected, nor shall any person be 
 charged with it or be liable to account for it or for omitting to 
 collect or receive it. 
 
 (7.) The overseers making any such separate rate may, by 
 warrant from two justices usually acting in and for the borough, 
 levy on every person refusing to pay the rate the amount 
 charged on him, with the costs and charges of recovering and 
 enforcing payment thereof, to be ascertained by the justices, by
 
 TUE MUXICirJL CORPORATIOXS ACT, 1882. 167 
 
 distress and sale of the offeudei's goods, rendering to him the ^^«''A ff«^»- 
 overplus ; and in default of such distress two justices may 
 commit him to prison, there to remain without bail until 
 payment of the amount and arrearages. 
 
 [The effect of sections 2, 3, 4, 5, 6, and 7 of 8 & 9 V^ict. c. 110 (18 lo) is 
 preserved in this clause]. 
 
 199. — Any warrant required for the levy or collection of a Marram for 
 
 *' ^ 1.111 ^"'"y ^* waich 
 
 watch rate or separate rate may be issued by the mayor, signed '■^'*- 
 by him, and sealed with the corporate seal. 
 
 [The effect of section 5 of 6 & 7 Will. 4, c. 104 (1836) is preserved in this 
 clause]. 
 
 200. — All money raised by a watch rate, or by a separate Watch rate 
 rate as last aforesaid, shall go to the borough fund. torough fand. 
 
 [The effect of section 92 of the Act of l83o isp-eserved in this clause].
 
 i6S 
 
 THE ENGLISn MUNICIPAL CODE. 
 
 PAKT X. 
 
 Freemen, 
 
 Freemen. 
 
 Definition of 
 freeman. 
 
 Prcerlom 
 not by gift 
 or purchase. 
 
 The freemen's 
 toll. 
 
 201. — In this Part the term freeman includes any person of 
 the class whose rights and interests were reserved by the 
 Municipal Corporations Act, 1835, under the name either of 
 freemen or of burgesses, 
 
 [The opinions of two learnod writers as to the qualifications of a " freeman " 
 or "burgess" have been already quoted (see page 5), but another and no less 
 Taluable authority* thus intelligibly defines a " townsman '^ or "freeman" — 
 " They were deemed townsmen who had a settled dwelling in the town, who 
 merchandised there, who were of the hans [ha»s-hm) or hanse-house " (being a 
 designation for the hall of the Common Mercatory Guild similar to that which 
 formed the germ of the institutions of the Hans Towns), " who were in scot 
 and lot, and who used and enjoyed the liberties and free customs of the town." 
 The freedom of a borough was obtained under a variety of forms, which, how- 
 ever, may be incbided under the following general titles, — 
 
 Gift by the Governing Body, 
 
 Purchase, 
 
 Birth, 
 
 Marriage, 
 
 Servitude, " 
 
 Membership of Trade Guilds, and 
 
 Possession or Occupancy of House or Land Property. 
 The rights saved under the Act of 1835 legalize the beneficial interests therein 
 Tvithout reference to the manner in which they originated. See Frestney v. The 
 Mayor of Colchester, &c. L. R. 21 Ch. D. Ill], 
 
 202. — No person shall be admitted a freeman by giftf or by 
 purchase. 
 
 [The effect of section 3 of the Act of 1835 is preserved in this clause.] 
 
 203. — The town clerk of every borough for which at the 
 commencement of this Act there is a Freemen's Roll shall 
 continue to keep a list, called the Freemen's Roll. 
 
 [The effect of section 6 of tho Act of 1835 is preserved in this clause. The 
 Koll should contain the following class of persons : — 
 
 1. All persons who on the 9th of September, 1835, had been admitted as 
 burgesses or freemen. 
 
 2. All persons who were entitled on the 9th of September, 1835, to have been 
 admitted, and who have since been admitted. 
 
 3. All persons who since the 9th of September, 183.5, have become entitled 
 to be and have been admitted in respect of birth, servitude, or marriage.] 
 
 • Madox — Firma Burgi, p. 269. 
 
 + Sec Appendix for 48 & 49 Vict. c. 29 (Honorary Freedom of Boroughs Act, 1885), 
 which provides for conferring the honorary freedom of a borough on persons of 
 distinction.
 
 THE MUNICIPAL CORrORATIONS ACT, 18S2. 169 
 
 204. — Where a person is entitled to be admitted a freeman -Freemen. 
 for the purposes of this Part in respect of birth, servitude, or ^;^^^^°'*^° 
 marriage, and claims accordingly, the mayor shall examine into 
 the claim, and on its being established the claimant shall be 
 admitted and enrolled by the town clerk on the Freemen's 
 Roll 
 
 [The effect of section 5 of the Act of 1835, and section 27 of 7 Will. 4 & 1 
 Vict. c. 78 (1837), is preserA'ed in this clause. 
 
 The mayor must examine and decide all claims with reference to the charter 
 and local customs and Tisages of each borough. See the Eelleston case (2 Doug. 
 El. ca. 35), and the Derby case (3 Doug. El. ca. 287, 304). 
 
 Servitude must be under binding deed duly stamped (not necessarily an 
 indenture), and period of service b3 in accordance with custom of borough. {Rex 
 V. Fjist Bruhjcford, S. C. 133). 
 
 A claim may be made and admission allowed as late even as the day of 
 election. Seethe Okehampton case (1 Frazer, 1G6). 
 
 ■\Vhcn once adndtted and enrolled a party can be removed only by the High 
 Court of Justice. 
 
 See the cases relating to apprenticeships generally for qualifications and 
 claims by servitude]. 
 
 205. — (1.) Every person who had before the passing of the Reservation 
 Municipal Corporations j^ct, 1835, been admitted a freeman, or property to 
 
 . ., . , freemen and 
 
 if that Act had not been passed might have been so admitted others. 
 otherwise than by gift or purchase, and 
 
 (2.) Every person who for the time being is — 
 [a.) An inhabitant of a borough, or 
 [b.) Wife, widow, son, or daughter of a freeman, or 
 (c.) Husband of a daughter or widow of a freeman, or 
 {(l.) Bound an apprentice, — 
 shall, subject to the provisions of this Part, have and enjoy 
 and be entitled to acquire and enjoy the same share and benefit 
 of the hereditaments, and of the rents and profits thereof, and of 
 the common lands and public stock of any borough or body 
 corporate, and of any property held in whole or in part for any 
 charitable uses or trusts, as if the Municipal Corporations Act, 
 1835, or this Act, had not been passed. 
 
 [The effect of sections 2 and 3 of the Act of 183.5 is preserved in this clause. 
 All persons who before the passing of the Act of 1835 were entitled to and 
 possessed of corporate benefits, by virtue of any usage, custom, bye-law or 
 otherwise are confirmed in them. See Hojjkins v. Mayor ^c. of Swansea (4 M. & 
 W. 621,643); affirmed in the Exchequer Chamber, M. & W., 901. Certain 
 land on which the resident freemen had the right to turn stock was taken 
 compulsorily under the Lands Clauses Act. Held, that the purchase money 
 should be invested in other land for the same purpose, and that till this could 
 be done it should be invested and the dividends paid to the resident freemen at 
 the same time in each year as they had been accustomed to enjoy their common 
 rights. Nash X. Coombs (L. K., 6 Eq., 61). See a,lso Stanley v. Mat/or, i^-e. of 
 Norwich, as to rents and profits, W. N. (1887) p. 72.
 
 170 
 
 THE ENGLISH MUXICIFAL CODE. 
 
 Limit of value 
 !iud saving as 
 to conditions 
 precedent. 
 
 Freemen. In an action by some (on behalf of all) of the freeman of a borough to estab- 
 
 lish the rights of all the individual freeman to share for their private beneiit tho 
 net proceeds of certain properties vested in the Corporation. Meld, on 
 demurrer, that the effects of the saWng of rights in sect. 2 of The Municipal 
 Corporations Act of 1835 was to legalise the benoQeial interests therein men- 
 tioned, without reference to the legality of their origin, and in particular, to 
 obviaf(> any objection which might otherwise arise in respect of tho tendency 
 towards a perpetuity of any such beneficial interest. 
 
 An action to establish such rights as afoie.said may be brought by parties 
 claiming to be entitled, without an information by the Attornej'^-G-eneral. 
 
 In such an action it was held on demurrer that in order to enable the 
 2")laintifrs to avail themselves of such saving rights as aforesaid, it was sufficient 
 for them after stating the title of the Corporation by charter or otherwise to the 
 property in question, to aver that at the time of the passing of the Act the 
 rents, tolls, and profits claimed by them were not, nor ever had been, nor ought 
 to have been held and applied to public purposes, but they were and always had 
 been held and applied for the particular benefit of the freemen, and without 
 pleading that such rents, tolls and profits had been enjoyed or acquired by virtue 
 of any specific statute, charter or bye-law or custom, or expressly to aver that 
 any custom to such effect as aforesaid existed. Prcstncy v. Mayor and Corpora- 
 tion of Colchester and the Attorney -General, 21 Ch. Div. lllj. 
 
 206. — (1.) The total amount to be divided among the persons 
 whose rights are by the last foregoing section reserved shall 
 not exceed the surplus remaining after payment of tlie interest 
 of all lawful debts chargeable on the property out of which the 
 sums so to be divided have arisen, together with the salaries of 
 municipal officers and all other lawful expenses which, on the 
 fifth of June one thousand eight hundred and thirty-five, were 
 defrayed out of or chargeable on the same. 
 
 (2.) Where, if the Municipal Corporations Act, 1835, or this 
 Act, had not been passed, any such person would have been 
 liable by statute, bye-law, charter, or custom, to pay any fine, 
 fee, or sum of money to any body corporate, or to any member, 
 oflicer, or servant thereof, in consideration of his freedom, or 
 of his or her title to those reserved rights, or there was any 
 condition precedent to any person being entitled to those rights, 
 he or she shall not have any benefit in respect of those 
 rights until he or she has paid that fine, fee, or sum to the 
 treasurer on account of the borough fund, or has fulfilled that 
 condition, as far as it is capable of being fulfilled according 
 to the provisions of this Act. 
 
 [The eifect of section 2 of the Act of 1835 is preserved in this clause]. 
 
 ^owiT/to'^ 207. — Nothing in this Act shall strengthen or confirm any 
 
 qnestiou ripht y^j^j^^ right, or title of any freeman or of any person to the 
 
 benefit of any right in this Part reserved, but the same may in 
 
 every case be brought in question, impeached, and set aside, as 
 
 if this Act had not bfeen passed. 
 
 [The effect of section 2 of the Act of 1S35 is preserved in this clause].
 
 THE MTJNICITAL COltPORATIONS ACT, 1882. 171 
 
 208.— (1.) Nothing- before in this Part contained shall P>eemen. 
 apply to any claim, right, or title of a freeman or of any person Keservation 
 to any discharge or exemption from any tolls or dues levied ^^ f™Jg^"'Jf 
 wholly or in part by or for the use or benefit of any borough and others. 
 or body corporate. 
 
 (2.) No person shall have any such discharge or exemption 
 except a person who, on the fifth of June, one thousand eight 
 hundred and thirty-five, was an inhabitant, or was admitted 
 or entitled to be admitted a freeman, or was the wife, widow, 
 son or daughter of a freeman, or was bound an apprentice ; 
 and every such person shall be entitled to the same discharge 
 or exemption as if the Municipal Corporations Act, 1835, or 
 this Act, had not been passed. 
 
 (3.) But nothing in this Act shall affect the right of any 
 person claiming such discharge or exemption otherwise than 
 as inhabitant or freeman, or member of a municipal corpora- 
 tion, or widow or kin of such an inhabitant, freeman or member. 
 
 [The effect of sectibn 2 of the Act of 1835, and section 9 of 6 & 7 Will. 4, 
 c. 104 (1836), is preserved in this clause]. 
 
 209,— (1.) Every person who, if the Municipal Corporations ^|^^"^gn°"j°' 
 Act, 1835, had not been passed, would have enjoyed as a free- franchise, &c. 
 man, or might thereafter have acquired, in respect of bii'th or 
 servitude, as a freeman, the right of voting in a parliamentary 
 election, shall be entitled to enjoy or acquire that right as if 
 that Act or this Act had not been passed. 
 
 (2.) No stamp duty shall be chargeable on the admission of 
 any person as a freeman in respect of birth or servitude in a 
 parliamentary borough. 
 
 (3.) The town clerk shall do all things appertaining by law 
 to the registration of freemen for parliamentary elections. 
 
 [The eff'ect of section 4 of the Act of 1835, and 1 & 2 Vict. c. 36 (1838), 
 is preserved in this clause].
 
 172 THE hXGLISH MUXICIFAL CODE. 
 
 PART XI. 
 
 Grant of GrAKT OF CHARTERS. 
 
 Charters. 
 
 Power to Crown 210. — If on the petition* to the Queen of the inhabitant 
 ciiartcrto" houschohlers of any town or towns or district in England, or of 
 extend to it the any 01 thcsc inhabitants, pravin* lor the arrant or a charter oi 
 
 provisions of •' . T,r • i i i • /. tt -n • 
 
 the Municipal incorporation, Her Maiesty, by the advice oi Her 1 rivy 
 
 Corporations ^ ' J ./ ' ./ ^ 
 
 Acta. Council, thinks fit by charter to create such town, towns, or 
 
 district, or any part thereof specified in the charter, with or 
 without any adjoining place, a municipal borough, and to incor- 
 porate the inhabitants thereof, it shall be lawful for Her 
 ^Majesty by the charter to extend to that municipal borough 
 and the inhabitants thereof so incorporated the provisions of 
 the Municipal Corporations Acts, 
 
 [The effect cf section 3 of 40 & 41 Viet. c. G9 (1S77) is preserved in this 
 clause. 
 
 The powers of the Crown in regard to the grant of charters of incorporation, 
 and the mode in which these powers are to be exercised, are, however, so 
 important, that it will be useful to s'ate in a summary manner the propositions 
 affirmed by the Court of Queen's Bench in the leading case on the subject — 
 that of the incorporation of Manchester (reported as Rutter v. Chapman, 
 (8 M. & W., 1). It was there held— 
 
 1. That the grant of a charter of municipal incorporation is still an 
 exercise of the common law prerogative of the Crown, although such 
 charter invests the corporation with the functions conferred by the Act 
 upon the then existing municipal corporations. 
 
 2. That tlie Crown may grant the charter to a part only (to be defined 
 therein) of a town or borough, and need not grant it to the whole of the 
 inliabitants of such town or borough, although the prayer of the petition 
 is for a grant of a charter of incorporation to the inhabitant householders 
 of the said borough. 
 
 3. That a petition, to be within the meaning of the Acts, need not 
 proceed from the majority of the inhabitant householders of the place or of 
 the male inhabitant householders of the place. 
 
 4. That whether such petition was, under all the circumstances, the 
 petition of the inhabitant householders within the meaning of the Acts, is 
 a question of fact for a jury. 
 
 6. That when the whole number of the inhabitant householders was 
 48,000, and a petition was presented to the Crown signed by 4,000 in favour 
 of a grant of a charter of incorporation, and another was subsequently 
 presented by 6,000 against it, the jury were quite right in their verdict, 
 that the former petition expressed the wish of the inhabitant householders 
 
 • Bv section 56 of the Local GoA-ernment (England and Wales) Act, 1888, the pre- 
 sentation of a petition must now be notified to the county council of the county in 
 which the proposed borough is situated, and also to the Local Goreinment Boar J. 
 See Appendix.
 
 THE MUXICWAL CORPORATIONS ACT, ISS;?. 173 
 
 within the meaning of tho Acts ; (the direction of the learned judge at the Grant of 
 trial being that, notwithstanding such last petition, tho Crown had power, C/iartert. 
 in his opinion, to grant the charter by virtue of tho first petition, which 
 direction was also correct). 
 
 6. That tho Crown, in the charter, besides defining the district within 
 which the powers and jurisdiction of tho corporation are to be exercised, 
 may, by its common law prerogative, appoint the number and set out the 
 wards of the new borough. 
 
 7. That a charter so granted was valid (having been accepted) ; but that 
 the determination of the Privy Council to advise the Crown to grant the 
 charter is not decisive of the question as to the sufficiency of the petition 
 in favour of the charter. 
 
 8. That the Crown may, in the charter, delegate to an individual the 
 power of appointing the first members of the corporate body ; or may at 
 all events appoint a person to ascertain who are the individuals possessed 
 of the qualifications which the corporations are to have ; in other words, 
 who are to be burgesses ; and may apjioint, in the charter, another person 
 to revise the list of burgesses, and to act as the returning officer at the first 
 election of officers under the charter. 
 
 The Crown has always possessed the privilege of creating corporations and 
 conferring franchises ; but when privileges and powers are to be conferred 
 which are not recognised by the common or statute law, an Act of Parliament 
 is necessary. Section 210, although it does not at all abridge the common law 
 prerogative of the Crown, prevents it granting charters of incorporation with 
 the powers conferred by this Act, save with the advice of the Privy Council, 
 and on petition by the inhabitant householders.* 
 
 The court will not grant a quo tvarraiito against an individual to try the 
 legality of a charter of municipal incorporation. Reg. v. Jones (3 L. T., N. S., 
 603). 
 
 The court will not inquire into tbe validity cf a charter, but will act upon it 
 as being valid until proper proceedings are taken to set it aside. A charter of 
 incorporation, granted under 7 Will. 4 and 1 Vict. c. 78, to a borough pre- 
 viously possessiEg a body corporate, but not named in the schedules to 5 & 6 
 Will. 4, c. 76, confers upon it the same powers and privileges as if it had 
 been so named. The corporation established under the charter is identical with 
 that previously existing although the governing body may be difi'erent, and 
 the property of the old corporation becomes vested in the new by virtue 
 of the charter. — Attorney-General v. Avon [Port-reeve, Aldermen, and Burgesses). 
 9 Jur., N. S., 1117. 
 
 The power of the Crown to grant a charter of incorporation under 1 Vict. c. 
 78, 8 49, attaches on the presentation of a petition under the Act, and whatever 
 happens afterwards only affects its discretion. Such a petition must be a 
 petition representing the wishes of the majority of the inhabitant householders, 
 and this is a question of fact for the jury. — Semble, that " inhabitant house- 
 holders" in this section includes comi'ound householders (under 13 & 14 Vict. 
 0. 95) as well as ratepayers. — Reg. v. Ma/^or, Aldermen, and Burgesses of Aberavon 
 (13 W. R.,90)]. 
 
 211. — (1.) Every petition for a charter under this Act shall Reference to 
 
 ^ ' J i- _ ^ CommiUee of 
 
 be referred to a Committee of the Lords of Her Majesty s council, and 
 
 •' •' notice of 
 
 Privy Council (in this Part called the Committee of Council), petition for 
 
 •^ ^ ... charter. 
 
 (2.) One month at least before the petition is taken into 
 consideration by the Committee of Council, notice tliereof and 
 of the time when it will be so taken into consideration shall be 
 published in the London Gazette, and otherwise in such manner 
 
 * " Under the word ' persons,' says a learned commentator upon the Act of 1836, 
 it is apprehended that a corporation would be included, and would consequently be 
 entitled to the protection ati'orded by this section." In several cases the word 
 " person," La a simdar clause as to actions, has been held to include an incorporated 
 company.
 
 174 
 
 THE EXGLISII MUXICIFAL CODE. 
 
 Power by 
 charter to 
 settle wards, 
 and by fixius 
 dates and 
 otherwise to 
 adapt the 
 Municipal 
 Corporations 
 Acts to first 
 constitution of 
 new borough. 
 
 Gra>if of yg the Committee direct for the purpose of making it known 
 to all persons interested. 
 
 [The effect of section 4 of 40 & 41 Vict. c. 69 (1877) is preserved in this 
 clause]. 
 
 212. — (1.) Where Her Majesty by a charter extends the 
 Municipal Corporation Acts to a municipal borough it shall be 
 lawful for Iler Majesty, by the charter, to do all or any of the 
 following things : 
 
 (a.) To fix the number of councillors, and to fix the number 
 and boundaries of the wards (if an}^), and to assign the 
 number of councillors to each ward ; and 
 {b^ To fix the years days and times for the retirement of 
 
 the first aldermen and councillors ; and 
 (<'.) To fix such days times and places, and nominate such 
 persons to perform such duties, and make such other 
 temporary modifications of the Municipal Corporations 
 Acts, as may appear to Her Majesty to be necessai-y or 
 proper for making those Acts applicable in the case of 
 the first constitution of a municipal borough. 
 (2.) The years days times and places fixed by the charter, 
 and the per&ons nominated therein to perform any duties, 
 shall, as regards the borough named in the charter, be respec- 
 tively substituted in the Municipal Corporations Acts for the 
 years, days, times, places, officers, and persons therein men- 
 tioned, and the persons so nominated shall have the like 
 powers, and be subject to the like obligations and penalties, as 
 the officers and persons n;entioned in those Acts for whom they 
 are respectively substituted. 
 
 (3.) Subject to the provisions of the charter authorized by 
 this section, the Municipal Corporatious Acts shall, on the 
 charier coming into efiect, apply to the municipal borough to 
 which they are extended by- ihe charter ; and, where the first 
 mayor aldermen and councillors or any of them are named in 
 the charter, shall apply as if they were elected under the 
 Municipal Corporations Acts, and, where they are not so 
 named, shall apply to their first election. 
 
 [The effect of section 5 of 40 & 41 Vict. o. 69 (1877) is presorv. d in this 
 clause.] 
 
 Scheme for 213. — (1.) * Where a petition for a charter is referred to the 
 
 continuance or , c n\ m i • • 
 
 abolition of and Con)mittee of Council, and it is proposed by the charter to ex- 
 
 arljustment of 1 ^ ^ 1 _____^^__ 
 
 e^stinf lor^al * '^^'^ Appendix for the School Boards Act, 1885 (48 & 49 Vict. e. 3S), which pro- 
 
 autlioritj- and vides that so far us scliool boards, on the incorporation of a borough, are concerned, it 
 orticer-s. ia to be read as one with this Act.
 
 TEE MUXICIPAL CORPORATIONS ACT, 1882. 175 
 
 tend the Municipal Corporation Acts to the municipal borough Gmnt of 
 to be created by the charter, the Committee of Council may settle 
 a scheme for the adjustment of the powers, rights, privileges, 
 franchises, duties, property, and liabilities of any then existing 
 local authority* whose district comprises the whole or part of 
 the area of that borough, either with or without any adjoining 
 or other place, and also of any officer of that authority. 
 
 (2.) The scheme, so far as it appears to the Committee of 
 Council to be necessary or proper for carrying into effect the 
 said adjustment as regards any local authority existing at the 
 lime of the making of the scheme, may contain provisions for 
 the continuance of that authority, or for the abolition total or 
 partial of that authority, orfor the creation of another authority or 
 authorities, and the alteration of the district of the existing local 
 authority, and the union or other relation of the existing 
 local authority and the authority or authorities so created, and for 
 the continuance, modification, transfer, vesting, and extension to 
 the whole of theborough of all orany of thepowers, rights, privi- 
 leges, franchises, duties, property, and liabilities of the existing 
 local authority, and may contain such provisions as appear to 
 the Committee of Council to be necessary or proper for fully 
 carrying into efiect any such adjustment and provisions as 
 aforesaid. 
 
 (3.) The scheme, when settled by the Committee of Council, 
 shall be published in the London Gazette, and shall not be of 
 any effect unless confirmed as herein-after mentioned. 
 
 (4.) Where, within one month after the publication of the 
 scheme in the London Gazette, a petition agaiastit by any local 
 authority affected thereby, or by not less than one twentieth of 
 the owners and ratepayers of the borough (such twentieth to be 
 one twentieth in number of the owners and ratepayers of the 
 borough taken together, or the owners and ratepayers in respect 
 of one twentieth of the rateable property in the borough and 
 the owners and ratepayers in all cases to include women not 
 under coverture) has been received by the Committee of Council, 
 and is not withdrawn, the scheme shall require the confirma- 
 tion of Parliament, and the Committee of Council may, if they 
 think fit, submit it to Parliament for confirmation ; but other- 
 wise, at any time after the expiration of the said month, or after 
 the withdrawal of any petition that has been presented, the 
 
 * By section 15 of the Municipal Corporations Act, 1883 (46 & 47 Vict. c. 18), every 
 body referred to in the First Schedule of that Act is to be deemed a " local " authority 
 Hithui the meaning of this section. See Appendix.
 
 176 
 
 ruE I xniisii MuxicirjL code. 
 
 Grant of 
 Charter''. 
 
 Committee of Council may, if they think fit, submit the scheme 
 for confirmation, either to Parliament or to Her Majesty in 
 Council, and in the latter case it shall be lawful for Her 
 Wiijesty to confirm the scheme by Order in Council. 
 
 (5.) A scheme, when confirmed by Parliament or by Order 
 in Council, shall have full operation, with, in the former case, 
 such modifications, if any, as are made therein by Parliament, 
 as if the scheme were part of this Act. 
 
 (6.) A local authority for the purposes of this Part means a 
 sanitary authority* (not being the mayor, aldermen, and bur- 
 gesses of a borough subject to the Municipal Corporations Acts), 
 also the corporation of a borough not subject to the Municiptil 
 Corporations Acts, a burial board, trustees, commissioners or 
 other persons who, as a public body and not for their own 
 profit, act under any Act for paving, lighting, supplying with 
 water or gas, cleansing, watching, regulating or improving any 
 town or place, or for providing or maintaining a cemetery or 
 market in or for any town or place, and any commissioners, 
 trustees, or other persons (not being justices) maintaining any 
 police force, and any other authority not in this section excepted, 
 and not being a school board, and having powers of local 
 government and of rating for public purposes. 
 
 (7.) The district of a local authority for the purposes of this 
 section means the area within which such autliority can exercise 
 any powers or rights. 
 
 [The effect of section 6 of 40 & 41 Vict. c. 69 (1877) is prtserved in this 
 clau-e]. 
 
 Supplemental 
 provisions as 
 to scheme 
 t.nd charier. 
 
 214. — (1) A scheme shall, before being settled by the 
 Committee of Council, be referrci for consideration to the 
 Secretary of State and the Local Government Board, and, if 
 and as far as it is intended to affect any authority which is a 
 harbour authority within the meaning of the Harbours and 
 Passing Tolls, &c. Act, iS^ilt, to the Board of Trade. 
 
 (2.) A scheme shall in every case provide for placing the 
 
 » Sections 5 to 12 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), enacts that 
 (subject to certain provisions and exceptions^ the council of every municipal borough 
 shall be fonstituted the Urban Sanitary Authority of the borough. The following city 
 and borouRhs (thirteen in number) have a local body distinct from the council (although 
 in one or two cases appointed by the corporation from its own members) acting as the 
 Urban Sanitary Authority: — Banbury, Blanrlford, Colne, Cambridge, Chippenham, 
 Faversham, Folkestone, Launceston, Lyme Regis, Lymington, Morpeth, Oxford and 
 Wenlock. As to school boards, see footnote to page 174 et seq. 
 
 t The 24 & 25 Vict. c. 47.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS2. 17 7 
 
 new borough within the jurisdiction of the council as the (^ranf. of 
 
 • i ,1 •, Charters. 
 
 sanitary authority. 
 
 (3.) The regulations contained in the Seventh Schedule with 
 respect to the scheme shall be observed. 
 
 The Seventh Schedule is as follows : — 
 
 Procedure for Scheme on Grant of New Charter. 
 
 1. The Committee of Council may, if they think fit, require the draft of a pro- 
 posed scheme to be submitted to tliem, either together with the petition for a 
 charter, or at any subsequent period. 
 
 2. The di-aft of a proposed scheme shall be published by advertisement, or 
 placards, or handbills, or otherwise, as the Committee of Council think best 
 calculated for giving notice thereof to all persons interested. 
 
 3. Before settling the scheme the Committee of Council shall consider any 
 objections which may be made thereto by any local authority or persons affected 
 thereby. 
 
 4. The scheme, when settled, shall, besides being published in the London 
 Gazette, be published by advertisement, or placards, or handbills, or otherwise, 
 as the Committee of Council think best calculated for giving notice thereof to 
 all persons interested. 
 
 5. Where a scheme is submitted to Parliament for confirmation, the Com- 
 mittee of Council may introduce a Bill for the confirmation of the scheme, 
 which Bill shall be a Public Bill. 
 
 6. Before such Bill is introduced into Parliament the Committee of Council • 
 may alter the echeme in such manner as they think proper. 
 
 7. If whUe the Bill confirming a scheme is pending in either House of 
 Parliament a petition is presented against the scheme, the Bill, so far as it 
 relates to such scheme, may be referred to a select committee, and the petitioner 
 shall be allowed to appear and oppose as in the case of a Private Bill. 
 
 8. A scheme shall come into operation at the date of its confirmation or any 
 later date mentioned in the scheme. 
 
 9. The confirmation of a scheme shall be conclusive evidence that all the 
 requirements of this Act with respect to proceedings required to be taken 
 jirevioxisly to the making of the scheme have been complied with, and that the 
 S';heme has been duly made, and is witliin the powei's of this Act. 
 
 (4.) If the Committee of Council are satisfied that a local au- 
 thority or other petitioners have properly promoted or properly 
 opposed a scheme before them, and that for special reasons it 
 is right that the reasonable costs incurred by the authority or 
 other petitioners in such promotion or opposition should be paid 
 as expenses properly incurred by the local authority in the exe- 
 cution of their duties, the Committee of Council may order those 
 costs to be so paid, and they shall be paid accordingly. 
 
 [The efi'ect of section 7 of 40 & 41 Vict. c. 69 (1877), and section 2 of 24 & 25 
 Vict. 0. 47 (1861), is preserved in this clause]. 
 
 215. — Nothing in any scheme or in the Municipal Corpora- Provision as to 
 
 o J J- ■■ polne force in 
 
 tion Acts shall authorize the e>ti:blishinent in a borough to n^w borough. 
 which a charter is granted under this Act of a new separate 
 police force not consolidated with the county police force, un- 
 less the district incorporated by the charter contained twenty* 
 
 * Section 39, subsection 1, paragraph a of the Local Government (England and 
 Wales) Act, 1888, transferred all the powers, duties, and liabilities of the council or 
 watch comnuttee of a borough, with less than 10,000 mhabitants, in respect of the 
 poHci force to the county council. See also Appendix. 
 
 12
 
 17S 
 
 THE ENGLISH MUXICIPAL CODE 
 
 Grant of 
 Charters. 
 
 Viilirtity of 
 cbarters. 
 
 tliousaiul iiiliaLifaiits or upwards, according to the census taken 
 next before the date of the incorporation. 
 
 [The effect of section 8 of 40 & 41 Vict. c. 69 (1877) is preserved in this 
 clause. The number of cities and horonjj;* s which have a sejiaiate police force 
 in lS8"i is 163. The Local Gov.rnnient i^Ln^lai d and Wales) Act, lts!S8, by the 
 operation of section 31 («) will icdnce the uuniber ot ciiits and burontrhs in pos- 
 sessiiin of a sepaiate jiolice fur( e to 123 ; lorly hoioiigh's having a population of 
 less than 10,000, and consequently deprived of control over the police. By 
 section 14 of 3 and 4 Vict. c. 8S {i840j an asfioeinent by a boroUi;h tor 
 consolidation of its police fo ce with the cmnty must be sealed with the 
 common seal. Six months' notice must be given of roposid term nation of the 
 agreement; but such ai^ipcmout alt lougli it m ;y be entered into volu it inly, 
 cannot be determined without tlie sanetioa ot the [Secretary of .Siate. See 
 19 & 20 Vict. c. 69, s. 20]. 
 
 216. — (1.) A chiirler creating a municipal borough which 
 purports to be granted in pursuance of the royal prerogative 
 and in pursuance of or in accordance with this Act, shall after 
 acceptance be deemed to be valid and within the powers of this 
 Act and Iler Majesty's prerogative, and shall not be questioned 
 in any legal proceeding whatever, 
 
 (2.) Every such charter shall be laid before both Houses of 
 Parliament within one month after it is granted, if Parliament 
 is then sitting, or if not, within one month after the beginning 
 of the then next sitting of Parliament. 
 
 [The effect of section 9 of 40 & 41 Vict. c. 69 (1877) la preserved in this 
 claus" I. 
 
 Powerto 217. — Where a charter was granted to a bnrou<rh within 
 
 settle scheme in _ "^ '^ 
 
 case.. f recent sevBU vcars before the foiirteenth of Aus^ust one thousand ei"ht 
 
 charteiB. •' ,-^ ^ 
 
 hundred and seven ty-sm'en, the Committee of Council, on the 
 petition to the Queen of tlie couin il o^' the borough, O!' of any 
 exi-*ting local authority whose distiict comprises the whole 
 or any part of the urea of the borouyh. either with cr with ut 
 any adjoitiing or other place, may settle a scheme under this 
 Act in like manner as if the petition fur the grant of a charter 
 to the borough had been referred to the Committee uf Council 
 after the commencement of this Act, and the provisions of this 
 Act with respect to a scheme shall apply accordingly, witlt the 
 necessary modiKcations ; and if within one nmnth after the 
 publication of the scheme in the London Gazette a petition 
 against the scheme from the council of the borough has been 
 received by the Committee of Council and is not withdiavvn 
 the scheme shall require the confirmation of Parliament. 
 
 [The effect of section 13 of 40 & 41 Vict. c. 69 (1877) is preserved in this 
 clause], 
 
 Power to 
 nmend ischeme. 
 
 218, (1.) Where a scheme for a borough has been confirmed 
 under this Part, or any former enactment, and the municipal
 
 TSE MUNICIPAL COUTORATIONS ACT, 1882. 179 
 
 corporation of the borough or one twentietli of the owners and Grant of 
 ratepayers of the borough (estimated as in this Part mentioned), '"'''^''*- 
 or a loeul authority affected by the scheme, petition the Queen 
 for an amending scheme, the petiticm shall be referred to a 
 Committee of the Lords of Her Majesty's Privy Coimcil 
 (included in the term the Committee of Council in this Part), 
 and shall be proceeded on, and this Part shall apply thereto, as 
 nearly as may be, as if the same were a petition for a charter 
 extending the Municipal Corporations Acts to a municipal 
 borough to be incorporated. 
 
 (2.) The Committee of Council, if they think fit to submit 
 the amending scheme for confirniation, shall submit the same 
 to Parliament, or they may submit the same to Her Majesty 
 in Council, if the original scheme was confirmed by Order in 
 Council ; and in the latter case it shall be lawful for Her 
 Majesty to confirm the amending scheme by Order in Council. 
 
 (3.) An amending scheme, when confirmed by Parliament, or 
 by Order in Council, as the case may require, shall have full 
 operation, with, in the former case, such modifications, if any, 
 as are made therein by Parliament, as if the amending schemes 
 were part of this Act.
 
 180 
 
 lUE ENGLISH MUMCIPAL LODE. 
 
 Legal 
 Proceedings, 
 
 Prosecution of 
 offences and 
 rei'overy of 
 fines. 
 
 Bxclnsion Of 
 
 certiorari. 
 
 PART XII. 
 
 Legal Proceedings. 
 
 219. — (1.) In summary proceedings for offences and fines 
 under this Act the information shall be laid within six months 
 after the commission of the offence. 
 
 [Three months was the limit enacted by section 127 of the Act of 1835. By 
 13 & 14 Vict. c. 21, 8. 4, " month" means a calendar month, unless the lunar 
 
 month is exjn-cssly implied.] 
 
 (2.) Any person aggrieved by a conviction of a court of 
 pummary jurisdiction under this Act may appeal therefrom to a 
 court of quarter sessions. 
 
 (3.) Any fine incurred under this Act and not recoverable 
 summarily may be recovered by action in the High Court. 
 
 [The effect of sections 127 and 131 of the Act of 1835 is preserved in this 
 clause] . 
 
 220. — -A. conviction, order, warrant, or other matter made or 
 done or purporting to be made or done by virtue of this Act 
 shall not be quashed for want of form, and shall not, unless it 
 is an order of the council for payment of money out of the 
 borough fund, be removed by certiorari or otherwise into the 
 High Court. 
 
 [The effect of section 132 of the Act of 1835 is presei'ved in this clause. An 
 order of the hoi ough quarter sessions in the case of an appeal against a borough 
 r:ite (in the nature of a county rate) cannot be removed by certiorari. Reg. v. 
 Justices of Pipon (7 A. &E., 417)]. 
 
 peZS'iu"*^ 221. — (1.) Where by any Act passed or to be passed, any 
 Soronghsr" "^ ^^"®» penalty, or forfeiture is made recoverable in a summary 
 manner before any justice or justices and payable to the Crown 
 or to any body corporate, or to any person whomsoever, the 
 Bume if recovered and adjudged before any justice of a borough 
 having a separate court of quarter sessions shall, notwith- 
 standing an V thing in the Act under which it is recovered, be
 
 THE MUNICIPAL CORrORATlOXS ACT, 1SS2. 181 
 
 recovered for and adjudged to be paid to the treasurer of the ^^'i/d 
 
 borough. Proceedings. 
 
 [This would apply to penalties for obstructing railway oflScers in their duties. 
 See Attorney-Gent ral v. Moore (3 Ex. D. 27G) ; also to certain fines under the 
 Parliamentary and Municipal Keyislraliou Act. See also section 3 of that 
 Act (41 & 42 Vict. c. 26). 
 
 ^\Tiere a conviction is made under statutes which contain no directions for 
 the payment of the penalties to any person the clerk of the division for which the 
 justices usually act must pay them over to the treasurer of the county or 
 the borough, as the case may be. Held that they must be paid to the treasurer 
 of the county if the borough had not a separate court of quarter sessions. See 
 Manor of Eeigate v. Hart (L. K., 3 Q. B., 244), and JFinnY.Mossman (L. li., 4 Ex., 
 292)]. 
 
 (2.) But this section shall not apply to a fine, penalty, or 
 forfeiture, or part thereof, where the Act under which it is 
 recovered — 
 
 (a.) Directs payment thereof to the infoi*mer or to any person 
 
 aggrieved ; or 
 (b.) If passed since the Municipal Corporations Act, 1835, 
 directs that the same shall go in any other manner and 
 not to the borough fund ; or 
 (c.) Relates to the customs, excise, or post office, or to trade 
 or navigation, or to any branch of the revenue of the 
 Crown. 
 [The effect of section 126 of the Act of 1835 is preserved in this clause]. 
 
 222. — Where the offices of town clerk and cleric of the peace Duties of ciert 
 
 ,-i-ir.,of peace as to 
 
 for a borouo-h are not held bv the same person, the clerk ot the fines and 
 
 n T 1 • • 11 1 1 1 j^i forfeituies. • 
 
 peace shall perform all duties miposed on the town clerk by the 
 Act of the third year of King Greorge the Fourth, chapter 
 forty-six, "for the more speedy return and levying of fines, 
 penalties, and forfeitures, and recognisances estreated;" and 
 the clerk of the peace shall make all returns, issue all pro- 
 cesses, and do all other acts required by that Act to be made, 
 issued, and done by the town clerk. 
 [The effect of section oof 20 & 21 Vict. c. 50 (1857) is preserved in this clause] . 
 
 223. — Any summons for appearance, warrant to enforce service of 
 
 ~ J i. XT ' summons or 
 
 appearance, warrant for apprehension, or search warrant, may, warrant. 
 if issued by a justice for a borough, be served or executed in 
 any county wherein the borough or any part thereof is situate, 
 or within any distance not exceeding seven miles from the 
 borough, and, within those limits, shall have the same efiect as 
 if it had been issued or indorsed by a justice having jurisdiction 
 in the place where it is served or executed, and may be served
 
 182 
 
 THE ENGLISH MUNICIFAL CODE. 
 
 L-yal 
 rructedings. 
 
 Procednre in 
 pcii'il ..ctions 
 a>ri'.in>t 
 CO' poiiite 
 oUiters. 
 
 or executed by the constable or special constable whom it is 
 dii'ected. 
 
 [The effect of section 101 of the Act of 1835 is preserved in this clause. See 
 under section 158, page 141 ante. 
 
 224. — (1.) An action to recover a fine from any person for 
 acting in a corporate oflice without having made the requisite 
 declaration, or without being qualified, or after ceasing to be 
 qualified, or after becoming disqualitied, may not be biought 
 except by a burgrss of the borough, and shall not lie unle&s the 
 plaintiff has, within fourteen days after the cause of action 
 arose, served a notice in writing personally on the person liable 
 to the fine of his intention to bring the action, nor unless 
 the action is commenced within three months after the cause 
 of action arose. 
 
 [The plaintiff's declaration need not state that he is a burgess. Stmjjson v. 
 Meadi/ (12 M. & W., 736). 
 
 iiee M(/i/<jr and C'urpora/ion of Harwich v. Gant (J) E. & B., 182) — ■where a 
 penalty had been recovered — as to corporate title to moiety.] 
 
 (2.) The court or a judge shall, on the application of the 
 defendant within fourteen days after he has been served with 
 writ of summons in the action, require the plaintiff to give 
 gecuiity for costs. 
 
 (3.) Unless judgment is given for the plaintiff, the defendant 
 shall be entitled to costs, to be taxed as between solicitor and 
 clitnt. 
 
 (4.) Where any such action is brought against a person on 
 the ground of his not being qualified in respect of estate, it shall 
 lie on him to prove that he was so qualified. 
 
 (5.) A moiety of tlie fine recovered shall, after payment of 
 the costs of action, be paid to the plaintiff. 
 
 [The effect of section 53 of the Act of 1835 is preserved in this clause]. 
 
 Quo warranto oog — (1.) All application for an information in the nature 
 
 aud mandamus. ^^^w. \ / ii ^ 
 
 of a quo warranto against any person claiming to hold a cor- 
 porate office shall not be made after the expiration of twelve 
 months from the time when he became disqualified after election. 
 
 [A vast number of cases have been reported with respect to the disturbance in 
 office by nature of a quo warranto. Hix years was for a long time the limit, but 
 the obvious inconvenience of intei-fciing with the holder of ;m oUice after heliad 
 been in the cnjoyineut of it for a long periud was so frequently made manifest 
 that the lin.it was reduced to twelve months by 7 Wil:. 1 and 1 Viet. c. 78. 
 The court may in its di.seretinn refuse an aj)i)lieation, even if made within twelve 
 months, if they think there has b en undue delay. Recj. v. Hodaou (1 Q. li. 
 648, n.)].
 
 THE MUNICIPAL CORPORATIONS ACT, ISSS. 183 
 
 (2.) la the case of such aa application, or of an application ^'i/'"' 
 
 f , 1 i 1 J • /• If Proce-.dinus. 
 
 lor a mandamus to proceed to an election or a corporate omcer, 
 the applicant shall give notice in writing of the application 
 to the person to be affected thereby (in this section called the 
 rCv'ipondent) at any time not less than ten days before the day 
 in the notice specified for making the application. 
 
 (3.) The notice shall set forth the name and description of 
 the ap})licant, and a statement of the grounds of the application. 
 
 (4 ) The applicant shall deliver with the notice a copy of the 
 affidavits whereby the application will be supported. 
 
 (5.) The respondent may show cause in the first instance 
 against the application. 
 
 (ti.) If sufficient cause is not shown, the court, on proof of 
 due service of the notice, statement, and copy of affidavits 
 used in support of the application, may, if it thinks fit, make 
 the rule fur the information or mandamus absolute. 
 
 [L. C J. Ab1)ott laj's down the general rule: — "In the case of individual 
 members of the corpoiation. it is wholly within the discretion of the court to 
 say wliether suchaniufonnationshould be granted or refused." Rex v. Treveneu 
 (Z ['> k A , 479). 
 
 Where individuals apply it is discretior ary with conrt to grant or refuse rule. 
 Rfff. V. Iran/ (l>. K., 8 W. B., 210). Loid iMansfield has expresse ' the prineijjle 
 g iding " No ijrecise rule can be laid down in these cases ; but all the circum- 
 stances of the case taken together must govern the discretion of the court." Rex 
 v. Stacei/ (IT. n., 13)]. 
 
 (7.) The court may, if it thinks fit, direct that any issue 
 of fact on an information be tried by jury in London or at 
 Westuinster. 
 
 (8.) The court may, if it thinks fit, direct that any writ of 
 mandamus issued shall be peremptory in the first instance. 
 
 [The effect of section 23 of 7 AVill. 4 and 1 Vict. c. 78 (1837), and sections 1 
 and 5 of 6 & 7 Vict. c. 89 (1843), is preserved in this clause]. 
 
 226 — (1-) An action, prosecution, or proceeding against Provi?inTis for 
 
 <w<w\#i \ / J I 7 i o D ^ pr 4 eft ion of 
 
 any person for any act done m pursuance or execution or in- peivous acting 
 
 •> ^ •' ■*■ under Act. 
 
 tended execution of this Act, or iu respect of any alleged neglect 
 or dt fault in the execution of this Act, shall not lie or be in- 
 stituted unless it is commenced within six months next after 
 the act or thing is done or omitted, or, in case of a continuance 
 of injury or damage, within six months next after the ceasing 
 thereof. 
 
 [The words " or in respect of any alleged neglect or default in the execution 
 of this Act" are an addition to the provisions of former statutes with the 
 view of extending protection to such cases].
 
 184 
 
 THE ENGLISH MUXICIPAL COT)E. 
 
 Ln/ill 
 I'roceediugs. 
 
 Power for 
 boronph 
 constsbles to 
 take tail. 
 
 (2.) Where the ucliou is lor damages, tender of amends 
 before the action was commenced may, in lieu of or in 
 addition to any other plea, be pleiided. If the action was 
 commenced after the t(3n(ler, or is proceeded with after payment 
 into court of any money in satisfaction of the plaintiff's claim, 
 and the plaintiff does not recover more than the sum tendered 
 or paid, he shall not recover any costs incurred after the tender or 
 payment, and the defendant shall be entitled to costs, to be 
 taxed as between solicitor and client, as from the time of the 
 tender or payment ; but this provision i«hall not aff.ct costs on 
 any injunction in the action, 
 
 (3.) Subject and without prejudice to any other powers, the 
 council, where the defendant in any such action, prosecution, or 
 other proceeding is their officer, agent, or servant, may. if they 
 think fit, except so f.ir as the court before which the action, 
 prosecution, or other proceeding is heard and determined other- 
 wise directs, pay out of the borough fund or borough rate all 
 or any part of any sums payable by the defendant in or in 
 consequence of the action, prosecution, or proceeding, whether 
 in respect of costs, charges, expenses, damages, fine, or 
 otherwise. 
 
 [The effect of section 133 of the Act of 1835 is preserved in this clause. 
 
 The word "person" includes incorporated company. Boyd v. Croydon 
 Railway Company (4 Bur£?. n. c. 669). See also Cortis v. Kent Waterworks 
 Company (7 B. & C, 314). 
 
 " Commencement " dates from information or proceedings before magistrates. 
 Eex V. Stokes (2 M. & Sel, 72.) 
 
 The chief constable of a borough having by the direction of borough 
 magistrates, laid an information against a person for conspiracy, an action 
 for malicious prosecution was brought by such person against him, and a 
 verdict recovered for £200. Held, "that it was not competent for the town 
 council to order payment of the chief constabLe's costs out of borough fund or 
 rate under 5 & 6 Will. 4 c. 76, s. 82." Quoire, whether such inability would 
 be hereby removed : "We think it would." See hereon Reg. v. Mayor of 
 Exeter, 44 L T. (n.s.) 101. 
 
 227. — (!•) Where a person charged with a petty mis- 
 demeanour is brought without the warrant of a justice into the 
 custody of a borough constable during his attendance at a watch- 
 house in the borough, at any time (by day or night) at which 
 a justice is not actually sitting for the public administration of 
 justice at the justices' room, or town hall, or other place used 
 for that purpose in the borough, the constable may, if he tliinks 
 fit, take bail without fee from that person, by recognisance 
 conditioned for his appearance for examination within two days 
 before a justice in the borough at some time and place therein 
 specified.
 
 THE MUNICIPAL CORPORATIOXS ACT, 1882. If^S 
 
 (2.) A recognisance so taken shall be of equal obligation on i eqal 
 the parties entering into the same, and liable to the same pro- '°'^^^ ^"^'' 
 ceedings for the estieating thereof as if taken before a justice. 
 
 (3.) The constable shall enter in a book, kept for that purpose 
 in every watch-house, the name, residence, and occupation of 
 the person entering into the recognisance, and of his surety or 
 sureties, if any, with the condition of the recognisance, and the 
 sums acknowledged. 
 
 (4.) The constable shall lay the book before the justice 
 present at the time when and place where the recognisor is 
 required to appear. 
 
 (5.) If the recognisor does not appear at the time and place 
 required, or within one hour after, the justice shall cause a 
 record of the recognisance to be drawn up and signed by the 
 constable, and shall return the same to the next court of quarter 
 sessions for the borough, or, if the borough has no separate court 
 of quarter sessions, for the county in which the borough is situate, 
 icith a certificate at the back thereof, signed by the justice, that 
 the recognisor has not complied ivith the obligation therein con- 
 tained* 
 
 (6.) The clerk of the jjcace shall make the like es'reats and 
 
 schedules of every such recognisance as of recognismices forfeited in 
 
 quarter sessions.'^ 
 
 (7.) If the recognisor applies by any person on his behalf to 
 
 postpone the hearing of the charge against him, and the justice 
 thinks fit to consent thereto, the justice may enlarge the recog- 
 nisance to such further time as he appoints. 
 
 (8) When the matter is heard and determined, either by the 
 dismissal of the charge, or by binding over the recognisor to 
 answer the matter of the complaint at quarter sessions, or other- 
 wise, the recognisance for his appearance before a justice shall 
 be discharged without fee. 
 
 [The effect of section 79 of the Act of 1835 is preserved in this clause. By 
 47 & 48 Vict. c. 43, s. 9, nothing in this clause (227) shall be taken to have 
 repealed sec. 38 of the Summary Jiuisdiction Act, 1879. See also Appendix.] 
 
 * These two sub-sections are repealed by the Act 47 & 48 Vict. c. 43 (Summary 
 Jurisdiction Act, 1884). See Appendix for re-enactments, &c.
 
 186 
 
 THE EXGLISII MUXICIPAL CODE. 
 
 PAP.T XIII. 
 
 General. 
 
 Bound'irief. 
 
 Boimfia ie-i of 
 l>on.ii£rlis and 
 tr nsi'er of 
 pa' ts to 
 counties. 
 
 BoiiudarieH.* 
 
 228. — (!•) Every ploce at tlie commencement of this Act 
 included wiihin each borou<^h then existing, and no other 
 place, shall be part of the boroiifrh, and in each borough then 
 existing which is a county of itself, shall be part of that county 
 and of no other, as if this Act had not been passed. 
 
 (2.) Where under the Municipjl Corporations Act, 1835, or 
 any Act amending it, any such county or borough does not, 
 at the commencement of this Act, include a place which, before 
 the passing of the Municipal Corporations Act, 183o, was part 
 thereof, that place shall continue to be part of the county, 
 wherein it is situate, or with which it has the longest common 
 boundary, as if this Act had not been passed. 
 
 (3.) But nothing in tliis Act shall prevent any gaol, house 
 of correction, lunatic asylum, court of justice, or judges' lodging, 
 which at the passing of the Municipal Corporations Act, 18-j5, 
 was^ and at the commencement of this Act is, taken to be, for 
 any purpose, in any county, from being still, for that purpose, 
 taken to be in that county, us if tliis Act had not been passed. 
 
 (4.) Any gaol, court, depot for arms, and any land thtrcto 
 belonging, which at the commencement of this Act is parcel of 
 a county shall continue to be parcel of the county and under 
 the exclusive jurisdiction of the authorities of the county, as 
 if this Act had not been passed. 
 
 (5.) Nothing in this Act shall be construed to affect the 
 assessments of the land tax or assessed taxes, as those assess- 
 ments exist at the commencement of this Act, or to extend or 
 diminish the jurisdiction of any commissioners of those taxes, 
 
 • See hereon the Local Government (England and Wales) Act, 1888 : Part IIL> 
 sections 50 to 63.
 
 THE MUNICIPAL COItlOEATIOXS ACT, 1S82. 187 
 
 as such commissioners then exist ; but all lands, and all parishes, l^oimdanei. 
 
 parts of parishes, and places shall continue to be charged as at 
 
 the commencement of this Act towards the land tax charged 
 
 on the county or other district whereof at the commencement 
 
 of this Act they are part, and to be subject in that behalf to 
 
 the jurisdiction of the commissioners of the same county or 
 
 other district, as if tliis Act had not been passed. 
 
 [The effect of sections 7 and 8 of the Act of 1S35, sections 1, 2 and 5 of 6 & 
 7 Will. 4, 0. 103 (1836), and section 41 of 7 Will. 4 and 1 Vict. c. 78 (1837), is 
 preserved in this clause] . 
 
 229. — If any place, which under the Municipal Corporations Adjnstment 
 
 •^ ^ ^ ^ '■ ^ between 
 
 Act, 1835, or any Act amending it, ceased to be included in a boroutrhsand 
 
 ' ' ■' o ' ^ counties on 
 
 borough or county of a town or city, was before the passing of j^^*' g-of 
 
 the Municipal Corporations Act, 1835, liable to contribute to 
 
 any rate for satisfying any lawful debt to which the ratepayers 
 
 of that borough or county were then liable, and if after the 
 
 commencement of this Act any difference arises concerning the 
 
 proportion of that debt to be contributed in respect of that 
 
 place, the Secretary of State, on the application of the council, 
 
 or of the chairman of a public meeting of the ratepayers of 
 
 the place, may appoint by writing under his hand a barrister 
 
 not having any interest in the question to arbitrate between 
 
 the parties, and by his award under his hand and seal to assess 
 
 the propoition aforesaid, if any ; and the arbitrator shall assess 
 
 the costs of the arbitration, and direct by whom and in what 
 
 proportion and out of what fund they shall be paid ; and the rate 
 
 aforesaid shall continue to be levied by warrant of the council 
 
 and to be paid by the place aforesaid to the treasurer of the 
 
 borough, as if the Municipal Corporations Act, 1835, or any 
 
 Act amending it, or this Act, had not been passed, until the 
 
 proportion aforesaid is satisfied, and no longer. 
 
 [The effect of section 8 of the Act of 1835, and section 1 of 6 & 7 Will 4, 
 c. 103 (1836), is preserved in this clause]. 
 
 Titne. Time. 
 
 230. — (1-) Where by this Act any limited time from or c^-'mputation 
 after any date or event is appointed or allowed for the doing 
 of any act or the taking of any proceeding, then in the compu- 
 tation of that limited time the same shall be taken as exclusive 
 of the day of that date or of the happening of that event, 
 and as commencing at the beginning of the next following day;
 
 188 
 
 THE EXGLISH MUXICIPAL CODE. 
 
 r%me. 
 
 Distance. 
 
 Wea«;uretnent 
 of distances. 
 
 Notices. 
 
 Notices on 
 town halL 
 
 Itispection 
 and Copies. 
 
 Inspection of 
 documents. 
 
 and the act or proceeding shall be doue or taken at the latest 
 on the last day of the limited time as so computed, unless the 
 last day is a Sunday, Christmas day, Good Friday, or Monday 
 or Tuesday in Easter week, or a day appointed for public fast, 
 humiliation, or thanksgiving, in which case any act or pro- 
 ceeding shall be considered as done or taken in due time if it is 
 done or taken on the next day afterwards, not being one of the 
 days in this section specified. 
 
 (2.) Where by this Act any act or proceeding is directed or 
 allowed to be done or taken on a certain day, then if that day 
 happens to be one of the days in this section specified, the act 
 or proceeding shall be considered as done or taken in due time 
 if it is done or taken on the next day afterwards, not being one 
 of the days in this section specified. 
 
 (3.) Where by this Act any act or proceeding is directed or 
 
 allowed to be done or taken within any time not exceeding 
 
 seven days, the days in this section specified shall not h& 
 
 reckoned in the computation of such time. 
 
 The effect of 3 & 4 WQl. 4, c. 31, section 30 of the Act of 1835, section 25 
 of 7 Will. 4 and 1 Vict. c. 78 (1837), section 25 of 35 & 36 Vict, c. 60 (1872), 
 and section 11 of 38 & 39 Vict. c. 40 (1875) is preserved in this clause. Sub- 
 section 3 is very important and needs careful consideration in any proceedings 
 involving computation of time.] 
 
 Distance. 
 
 231. — The distances mentioned in this Act shall be measured 
 in a straight line on a horizontal plane, and may be determined 
 by the map made under the survey commonly known as the 
 Ordnance Survey. 
 
 [The effect of section 1 of 32 & 33 Vict. c. 55 (1869), and section 76 of 
 6 & 7 Vict. c. 18 (1843), is incorporated in this clause]. 
 
 Notices. 
 
 232. — Any notice or other document required by this Act 
 
 to be fixed on the town hall shall be fixed in some conspicuous 
 
 place on ornear the outer door of the town hall, or, if there is no 
 
 town hall, in some conspicuous place in the borough or ward to 
 
 which the notice or document relates. 
 
 [Church and chapel doors where there is no town hall, would meet the require- 
 mints of this section]. 
 
 Inspection and Copies. 
 
 233. — (1-) The minutes of proceedings of the council shall 
 be open to the inspection of a burgess on payment of a fee of 
 one shilling, and a burgess may make a copy thereof or take an 
 extract therefrom.
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS3. 139 
 
 (2.) A burgess may make a copy of or take an extract from Inspection 
 an order of the council for the payment of money. ' ' '^^" ' 
 
 (3.) The treasurer's accounts shall be open to the inspection 
 of the council, and a member of the council may make a copy 
 thereof or take an extract therefrom. 
 
 (4.) The abstract of the treasurer's accounts shall be open to 
 the inspection of all the ratepayers of the borough, and copies 
 thereof shall be delivered to a ratepayer on payment of a 
 reasonable price for each copy. 
 
 (5.) The Freemen's Roll shall be open to public inspection, 
 and the town clerk shall deliver copies thereof to any person on 
 payment of a reasonable price for each copy. 
 
 [See hereon 12 Geo. 3, c. 21, s. 2, and 32 Geo. 3, c. 58, s. 4]. 
 
 (6.) A document directed by this Act to be open to inspection 
 shall be so open at any reasonable time during the ordinary 
 hours of business, and without payment, unless it is otherwise 
 expressed. 
 [See hereon, Rex v. Arnold (4 A. & E., 657)]. 
 
 (7.) If a person having the custody of any document in this 
 section mentioned, — 
 
 («.) Obstructs any person authorized to inspect the same in 
 making such inspection thereof as in this section 
 mentioned ; or 
 (5.) Refuses to give copies or extracts to any person entitled 
 to obtain the same under this section ; 
 he shall, on summary conviction, be liable to a fine not 
 exceeding five pounds. 
 
 [The effect of sections 5, 15, 69, and 93 of the Act of 1835, and section 22 of 
 7 Will. 4 and 1 Vict„ c. 78 (1837), is preserved in this clause]. 
 
 ^^^«- Fees. 
 
 234. — The town clerk of every borough shall cause a true xaWes of feaa 
 copy of the tables of fees for the time being authorized to be ° ®p°^® 
 taken by the clerk of the peace (if any) for the borough, by the 
 clerk to the justices (if any) for the borough, and by the 
 registrar and officers of the borough civil court (if any), to be 
 posted conspicuously in the following places : 
 
 (a.) The room where the business of the town clerk's office is 
 transacted ;
 
 190 
 
 THE EXGLISn MUNICirAL CODE. 
 
 Feet. 
 
 Seals and 
 i)ii/»atures. 
 
 Forgery. 
 
 Applications 
 to Treasury. 
 
 Notice of 
 a plication 
 to ai.d 
 
 correspondence 
 with Treasury. 
 
 Dep>'i\j. 
 Acts ot deputy 
 
 not to 1)6 
 
 inva idated 
 by defect in 
 appointment. 
 
 Overseers. 
 
 Notices to 
 and acting of 
 overseers. 
 
 (b.) The room, if any, where the justices of the borougli sit 
 
 for transaclinjT^ their business; 
 (c.) The room, if any, where the court of quarter sessions of 
 
 the borouj>h is held ; and 
 (d.) The room, if anj', where the borough civil court is held. 
 [The effect of section 125 of the Act of 1835 is preserved in this clause]. 
 
 Seals and Signatures. 
 
 235. — Tf any person forges the seal or signature afhxed 
 or subscribed to a bye-law made under this Act, or the signa- 
 ture subscribed to any minute of proceedings of the council, or 
 tenders in evidence any such document with a false or counter- 
 feit seal or signature, knowing it to be false or counterfeit, he 
 shall be liable to imprisonment with hard labour for any term 
 not exceeding two years. 
 
 [The effect of section 4 of 36 & 37 Vict. c. 33 (1873) is preserved in this clause]. 
 
 Applications to Treasury. 
 
 236. — (1.) ^Hiere the council intend to apply to the Treasury 
 for their approval of any sale, loan, or other financial arrange- 
 ment under this Act, notice of the intention to make the 
 application shall be fixed on the town hall one month at least 
 before the application, and a copy of the intended application 
 shall during that month be kept in the town clerk's office, and 
 be open to public inspection. 
 
 (2.) If the Treasury either refuse their approval or grant it 
 conditionally or under qualifications, noticeof the correspondence 
 between the Treasury and the council shall forthwith and during 
 one month be fixed on the town hall, and a copy of the 
 correspondence shall during that month be kept in the town 
 clerk's office, and be open to public inspection. 
 
 [The effect of section 94 of the Act of 183.0, and sections 8 and 9 of 23 & 24 
 Vict. c. 16 (I860), is preserved in this clause]. 
 
 Deputy. 
 
 237. — ^o defect in the appointment of a deputy under this 
 Act shall invalidate his acts. 
 
 Overseers. 
 
 238. — (1.) Every matter by the Municipal Corporations Acts 
 directed to be done by overseers may be lawfully done by the 
 major part of them.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 191 
 
 (2.) Any notice by the Municipal Corporations Act required Overseers. 
 
 to be given to overseers may be delivered to any one of them 
 
 or left at his place of abode, or at his office for transacting 
 
 parochial business. 
 
 [The effect of sec. 14 of IG & 17 Vict. c. 79 (1853) is preserved in this clause.] 
 
 Declarations and Oaths, Declarations 
 
 and Oaths. 
 
 239.— (1.) AYhere by or under this Act a declaration or oath Po«er to 
 
 Ti 1 1 ^ iviiii p L administer 
 
 IS required to be made or taken by the holder oi a corporate oaths, &c. 
 office or other person before the council or any members thereof, 
 or any other persons, they shall have authority to receive and 
 administer the same without any commission or authority other 
 than this Act. 
 
 [The oaths should be taken in open court, where not taken before the council.] 
 (2.) Nothing in this Act in any case shall require or authorize 
 the taking or making of any oath or declaration that would not 
 have been required or authorized under the Promissory Oaths 
 Act, 18(i8,* or otherwise by law, if this Act had not been passed, 
 or interfere with the operation of the Promissory Oaths Act, 1868. 
 
 [The eflVct of section 101 of the Act of 1835, and section 3 of 6 & 7 Will. 4, 
 c. 10.) (1SJ(3), is preserved in thi.s c.ausi-.] 
 
 Forms. Forms. 
 
 240. — The forms in the Eighth Schedule t or forms to the Forms la 
 like ellect, varied as circumstances require, may be used, and ^^^^^^^i^'^- 
 shall be sufficient in law. 
 
 Misnomer or Inaccurate Description. Mtsvomer or 
 
 ^ Inaccurate 
 
 241. — No misnomer or inaccurate description of any person, '^'^'"''P^'-""- 
 
 . . , Misnomer or 
 
 body corporate, or place named in any scliedule to the Municipal 'n ccuraie 
 
 Corporations Act, l8-i5, or in any roll, list, notice, or voting not to umder. 
 
 paper required by this Act, shall hinder the full operation of 
 
 this Act with respect to that person, body corporate, or place, 
 
 provided the description of that person, body corporate, or 
 
 place be such as to be commonly understood. 
 
 [The effect of section 142 of the Act of 1835 is preserved in this clause. The 
 case of Mather v. Brotvn (L. R., 1 C. P. D., 596), [ante pages 67 and 75; is 
 hereby provided for ; but a nomination paper at an election of town councillors 
 was subscribed with the full and correct name of " Charles Ar hur Burman" 
 as an assentintj burii;(.'S3 ; his name was erroneously entered upon the burgess 
 roll as "Charles lUnman" only. Held, that the defect was not such as was 
 remedied by this section. The words " commonly understood'' in this proviso 
 mean " cimmonly understood by any person comparing the nomination p iper 
 and the burgess roll " Moorhouse v. Linney (15 Q. B. D., 273)]. 
 
 • The 31 & 32 Vict. c. 72. f See these forms at page 203 et seq.
 
 192 
 
 777^ F.yniTf^n vrxrcrPAL code. 
 
 Siihstitution in 
 former Acts, 
 
 Provision for 
 references in 
 unrepcakMl 
 eiiactinonts to 
 5 & li Will 4, 
 c. 7f!.Jte. 
 
 Short titles of 
 A< ts partly 
 repealed. 
 
 Returning 
 Officers at 
 I'arliamentarij 
 Elections. 
 
 Mayor of 
 certain 
 boroughs to 
 be returning 
 officer in 
 parliamentai-y 
 elections. 
 
 Substitution in former Acts. 
 
 242. — (1.) In the several enactments described in Part T. of 
 tlic Ninth Schedule, a reference to this Act sliall be deemed, to 
 be substituted fur a reference to the Municipal Corporations 
 Act, 1835, and any Act amending it. 
 
 (2.) In each of tlie enactimnts described in Part II. of the 
 Ninth Schedule, there shall be substituted for the respective 
 provision of the ^funicipal Corporations Act, 183), in that part 
 mentioned iji connexion therewith, such provision of this Act 
 as is also mentioned in connexion therewith. 
 
 (3.) "Whei-e any Act passed before this Act, and not specified 
 in the First or in the Ninth Schedule, refers to the Municipal 
 Corporations Act, 1835, or any Act amending it, or to boroughs 
 or corporations subject to that Act or any Act amending it, the 
 reference shall be deemed to be to this Act or to the corresponding 
 provision of this Act, or to boroughs or corporations subject to 
 this Act (as the case may require). 
 
 (4.) All enactments to which this section relates shall, excej^t 
 as in this section provided, continue to operate as if this Act had 
 not been passed. 
 
 243.— Such of the Acts specified in the First Schedule as will 
 remain in force to any extent after the commencement of this 
 Act may continue to be cited by the short titles in that schedule 
 mentioned. 
 
 Returning Officers at Parliamentary Elections. 
 
 244. — (1.) In boroughs, other than cities and towns being 
 
 counties of themselves, the mayor shall be the returning officer 
 
 at parliamentary elections ; but this provision shall not extend 
 
 to the borough of Berwick-upon-Tweed. 
 
 [The sheriff is the returning oflficor in cities and towns which are counties of 
 themselves with the above exception]. 
 
 (2.) If there are more mayors than one within the boundaries 
 of a parliamentary borough, the mayor of that borough to which 
 the writ of election is directed shall be the returning officer. 
 
 (3.) If when a mayor is required to act as returning officer 
 the mayor is absent, or incapable of acting, or there is no mayor, 
 the council shall forthwith choose an alderman to be returning 
 officer. 
 
 [The qSb('.\ of section 57 of the Act of 1835 is preserved in this clause].
 
 THE MUXICIPAL COETOEATIONS ACT, 1882. 193 
 
 Disfranchised 
 
 Bisfranckised Parliamentary Boroughs. ^Zl'^lT'^ 
 
 245. — Where a borough has, in pursuance of the Eepresenta- Electors in 
 tion of the People Act, 1867,* or of any Act passed in the 'bmwgh&'^ 
 session of the thirty-first and thirty-second years of the reign of 
 Her ^lajesty, ceased to return a member to serve in Parlia- 
 ment, and the persons entitled to vote for the member or 
 members formerly returned by the borough were by law electors 
 for any other purpose, the burgesses of the borough shall be 
 electors for that purpose, and shall in all respects, as regards 
 that purpose, be substituted for the persons so entitled to vote. 
 
 [The effect of 31 & 32 Vict. c. 41 is preserved in this clause]. 
 
 Licensing. 
 
 Licensing. 
 246. — In the Act of the ninth year of the reign of King Explanation of 
 
 iT-iii • i. L 11 • terms " town 
 
 (reorge the iourth, chapter sixty-one, to reguhite the grantmg corporate," &c. 
 
 ^ . J ^ o _ _ » o jy Licensing 
 
 of licences to keepers of inns, alehouses, and victualling houses A.ct, 
 in England," the expressions " town corporate," " county or 
 place," and " division or place," include every borough having 
 a separate commission of the peace, and the expression " high 
 constable" includes any constable of any such borough to 
 whom the justices of the borough direct their precept under 
 that Act. 
 
 [The effect of section 4 of 24 & 25 Vict. c. 75 (1S61) is preserved in this 
 clause] . 
 
 Freedom (f Trading. Freedom of 
 
 ■' ^ Trading. 
 
 247. — Notwithstanding any custom or bye-law, every person uirrtt of froa 
 in any borough may keep any shop for the sale of all lawful lorougiis. 
 waies and merchandises by wholesale or retail, and use every 
 lawful trade, occupation, mystery, and handicraft for hire, gain, 
 sale, or otherwise within any borough. 
 
 [The effect of section 14 of the Act of 1835 is pi'eserved in this clause]. 
 
 Cinque Forts, f Cinque Port,. 
 
 248. — (1.) The boroughs of Hastings, Sandwich, Dover, special 
 
 * Tl:e 30 & 31 Vict. c. 102. 
 
 f See (in Appendix) section 38 subsection 9, of the Local Government (England and 
 Wales) Act, 1888, as to efi'ects following on revocation of grant of court of quarter 
 sessions or a commitsion of the peace to a cinque XDort. See also section 48, substctiou 
 4 of the same Act, for further definition cf the powers of the whole of tl;e cinque ports 
 and ancient towns. 
 
 13 
 
 al 
 
 provisions as 
 to certniu of tha 
 Ciuque Ports.
 
 194 THE EXGLISU MUMCIPAL COLE. 
 
 Chijue Ports, jj^^jj^^ ^gj^g f^j^,^. ^f ^^^ Ciiique Ports* and the borough of 
 Kye, are in this section referred to us the five boroughs. 
 
 (2.) The jurisdiction,- powers, and authorities of the court of 
 quarter sessions, recorder, coroner, and clerk of the peace for 
 each of the five boroughs shall extend to the non-corporate 
 members and liberties thereof, and to such corporate members 
 thereof as have not a separate court of qu irter sessions. 
 
 (3.) The jurisdiction, powers, and authorities of the persons 
 constituted justices within and throughout tlie liberties of the 
 Cinque Ports by virtue of their commission, shall extend to all 
 places being witliin the limits of the five boroughs or of their 
 members or liberties, corporate or non-corporate, and not 
 being within the limits of a borough having a separate com- 
 mission of the peace. 
 
 (4.) The justices for the five boroughs respectively shall 
 have all the jurisdiction, powers, and authorities of justices for 
 a county relating to the granting of licences or authorities to 
 persons to keep inns, alehouses, or victualling houses, or to 
 sell exciseable liquors by retail within any of the corporate or 
 non-corporate members or liberties of the five boroughs respec- 
 tively, not being within the limits of a borough having a 
 separate commission of the peace. 
 
 (5.) The non-corporal e members and liberties of the five 
 boroughs and such corporate members thereof as have not a 
 
 • The following list of the Cinque Ports, &c. (omitting New Romney (Cinque Port) 
 and Winchelsea, Ancient Town, &c.), with tlieir corporate and non-corporate members, 
 is given in the order in which they appear in the Charter of Charles II. This list will 
 explain the '2nd, 3rd, 4th, 5th and 6th subsections following, and indicate the outlying 
 districts. The abbreviation " qr. scss." means that the borough has a separate court 
 of quarter sessions, and "com. P." means that the borough has a separate commis- 
 sion of the peace. The asterisk (*) signifies tiiosc boroughs whicli arc under this Act, 
 the others being governed judicially under the charters of the Cinque Ports. The 
 Cinque Port of New Ilomney and the Ancient Town and liberty of Wiuchelsea fRye 
 being also an ancient town and liberty) were not included in the section, doubtless 
 owing to neither of them, at tlie time, coming within the provisions of this Act. New 
 Eoniney (as well as Ramsgate) has since received a charter under this Act: — 
 * Dover (Cinque Port — qr. sess.) Rsmisgate (coi-porate member). 
 
 * Folkestone (corporate member — qr. 
 sess.). 
 
 * Faversham (corporate member — qr. 
 
 sess.). 
 
 * Margate (corporate member — qr. 
 
 scss.). 
 St. John (parish). 
 Birchington (parish). 
 Woodcburch (parish). 
 St. Peter's (parish). 
 Kingsdo«ai (hamlet). 
 Ringwood (parisli). 
 Sandwich (Cinque Port — qr sess ). 
 Fordwich (p.iris'i 
 
 • Ueal (coi'iJorate member — qr.sess.). ' sess.) 
 
 Walmcr fparish). 
 
 Sarre (village). 
 
 Brightlingrca (parish). 
 Ha.stings (Cinque Port— qr. scss.). 
 
 Pevensey (parish). 
 
 Seaford (parish). 
 
 Petit Hiam (liberty of Hastings). 
 
 Bcaksboume (parisli). 
 
 Grange (hamlet). 
 
 Liberty of Sluice (in Bcxhill). 
 Hytiie (Cinque Port — qr. sess.). 
 Rye (ancient town and liberty — qr. 
 sess.). 
 Tenterden (corporate member — qr.
 
 * THE 3[UNICIPAL CORPORATIONS ACT, 1882. 195 
 
 separate court of quarter sessions shall be charged by the Cinque PorU. 
 respective courts of quarter sessions of the five boroughs, with 
 a due proportion of all those exj)enses of the five boroughs, to 
 the payment whereof rates in the nature of county rates are 
 applicable ; and such rates may be assessed and levied in the 
 manner in which rates of that description were assessed and 
 levied before the passing of the Municipal Corporations Act, 
 1835, under any enactment then in force, but subject to the 
 operation of any subsequent enactment afiecting the same. 
 
 (6.) A due proportion of inhabitant householders to serve as 
 grand jurors and jurors at the respective courts of quarter 
 sessions of the five boroughs shall be summoned by the clerks 
 of the peace thereof from the non-corporate members and 
 liberties thereof, and such corporate members thereof as have 
 not a separate court of quarter sessions ; and the attendance of 
 such jurors shall be enforced, and their defaults punished, in the 
 manner by this Act directed with respect to jurors in boroughs. 
 
 (7.) Nothing in this section shall affect the Cinque Ports Act, 
 1869,* or the Acts therein recited. 
 
 [The effect of sections 134 and 135 of the Act of 1835, and sections 10 and 11 of 
 6 & 7 Will. 4, c. 105 (1836), is preserved in this clause]. 
 
 Cambridge. Ca,rJ>ridgo. 
 
 249. — (1.) It shall be lawful for the Queen, from time to vice-chanceiior 
 time, by her commission of the peace for the borough of Cam- °f Cambridge. 
 bridge, to constitute the yice-Chancellor for the time being of 
 the University of Cambridge a justice for that borough. 
 
 (2.) He shall not, by reason of being so constituted, have 
 any greater authority as to the grant of licences to alehouses 
 than any other justice named in the commission. 
 
 (3.) But nothing in this section shall affect the rights and privi- 
 leges which the Yice-Chancellor lawfully has or enjoys, or might 
 have lawfully had or enjoyed if he were not so constituted a justice, 
 
 [The effect of sect. 12 of 6 & 7 Will, 4 c. 105 (1836) is preserved in this clause.] 
 
 Savings.-^ Savings. 
 
 250. — (1.) Nothing in this Act shall prejudicially affect any savm^ior 
 charter granted before the commencement of this Act, or take coirorations. 
 away, abridge, or prejudicially affect any of the rights, powers, 
 
 * The 32 & 33 Vict. c. 53. 
 
 f These savings ensured for a short time the continuance of the chartered boroughs, 
 towns, and liberties not included in the Act of 1835 or afterwards brought under its 
 provisions, but the passing in 18S3 of the Municipal Corporations Act (46 & 47 Vict. 
 c. 18) brought them (with certain extinctions and a few savings for certam local rights 
 and privileges) within the regulations prescribed by this Act. See Appendix.
 
 196 TJIE KyflLISH MUXlfirAL CODE. 
 
 Sai'i'iff'- jjrivilege8, estates, property, duties, liabilities, or obligations 
 
 vested in or imposed on any municipal corporation existing at 
 the commencement of this Act, or in or on the mayor, or the 
 council of a borough then existing, or any members or com- 
 mittee of the council, by the incorporation of the inhabitants of 
 the borough, or by transfer from any other authority, or other- 
 wise; but every such charter shall continue to operate, and 
 every such corporation shall continue to have perpetual suc- 
 cession and a common seal, and to be capable in law by the 
 council to do and suffer all acts which at the commencement of 
 this Act they and their successors respectively may lawfully do 
 or suffer, and the corporation and all members and officers 
 thereof and their sureties, and every such mayor, and 
 every such council and committee, and every such officer, 
 shall continue to have, enjoy, and be subject to the 
 like rights, powers, offices, privileges, estates, property, duties, 
 liabilities, and obligations, as if this Act had not been passed, 
 without prejudice, nevertheless, to the operation of the repeal 
 of enactments by this Act, and to the other express provisions of 
 this Act. 
 
 (2.) Nothing in this Act shall alter the boundaries of any 
 borough existing at the commencement of this Act, or the 
 number, apportionment, or qualification of the aldermen or 
 councillors thereof, or the division thereof into wards. 
 
 (3.) Nothing in this Act shall affect the right of the council 
 of a borough to collect by their own officers the borough rate 
 and watch rate, or either of them, where, at the commencement 
 of this Act, they are authorized by law to so collect, and are so 
 collecting, the same. 
 
 (4.) Nothing in this Act shall alter the respective jurisdic- 
 tion of county and borough justices. 
 
 (5.) Nothing in this Act shall affect the right of any borough 
 
 named in Schedule (A.) to the Municipal Corporations Act, 
 
 1835,* to have a separate commission of the peace. 
 
 [The -wliole of these subsections constitute a general saving for existing 
 corporations]. 
 
 251. — Nothing in this Act shall alter the effect of any local 
 
 Act of Parliament. 
 
 [The eflect of eeclioii 4 of 6 & 7 Will. 4, c. 103 (1836) is preserved in this 
 clause. It is not to apply in the case of county councils under the Local Govern- 
 ment Act, 1888. See section 75, subsection 16, paragraph b, of that Act]. 
 
 * See Appendix for list of b .roughs named in Scliedules of tlio Act of 1835.
 
 TEE UUNICITAL CORPORATIONS ACT, 1SS2. 197 
 
 252- — NothiBg in this Act, except the provision referring- to Sm-iNys. 
 the Kintli Schedule, shall affect the Prison Act, 1<""65,* or t^e Savin.jrfor 
 
 Prison Acta. 
 
 Prison Act, 1877,t at)d nothing in this Act shall affect the Act 
 of the session of the fifth and sixth years of Iler Majesty, 
 chapter ninety-eight, '* to amend the laws concerning prisons," 
 or revive or restore any enactment which, being contained in 
 that Act, or in the Municipal Corporation (Justices) Act, 1850. t 
 or in any other Act, is vh'tually repealed or superseded by the 
 Prison Act, 1865, or the Piison. Act, 1877. 
 
 253. — Nothing in this Act shall compel the acceptance of any Sivinefor 
 
 11 • 1 11 .1. 1 niiiitary and 
 
 office or duty whatever m any borough by any military, naval navaiomceis 
 or marine officer in Her Majesty's service on full pay or halt 
 pay, or by any officer or other person employed and residing in 
 any of Her Majesty's dockyards, victualling establishments, 
 arsenals, barracks, or other naval or military establishments. 
 
 [The effect of section 51 of the Act of 1835 is preserved in this clause. A 
 conmiissioned officer of the army or marines is incapable of serving any 
 corporate office whilst on full pay. See also 42 & 43 Vict. c. 33, s. 140] . 
 
 254. — Nothing in thia Act shall affect the watching, paving, ^avmg for 
 
 _ o esJ 1 n» dockyards, 
 
 or lighting, or the internal regulations for the government of barracks, &c. 
 any of Her Majesty's dockyards, victualling establishments, 
 arsenals, barracks, or other naval or military establishments, or 
 make the tenements therein or the inhabitants thereof liable 
 to any rate for watching, paving, or lighting. 
 
 [The effect of section 89 of the Act of lS35is preserved in this clause]. 
 
 255. — Nothino^ in this Act shall affect the authority of iustices Saving as to 
 vested in the Commissioners for executing the office of Lord 
 High Admiral of the United Kingdom, or any authoritj^ to 
 appoint coroners to act within the jurisdiction of the Admiralty. 
 
 [The effect of sections 64 and 89 of the Act of 1835, and 2 & 3 Will. 4, 
 c. 40 (1832), is preserved in this clause. See also 7 & 8 V'^ict. c. 92, s. 25]. 
 
 256.— Nothing in this Act shall affect the jurisdiction and ^^^^^''^.^^^^n. 
 office of the Lord Warden in his office of Admiral of the Cinque 
 Ports. 
 
 [The effect of section 108 of the Act of 1835 is preserved in this clause]. 
 
 257.— Nothing in this Act shall— _ _ ^ ^^^. 
 
 (1.) Affect the rights, privileges, duties, or liabilities of the 
 
 * 28 & 29 Vict. c. 126. f 40 & 41 Vict. c. 21. \ 13 & 14 Vict. c. 91.
 
 198 THE EXOLISH MUNICIPAL CODE. 
 
 Sitvingt. chancellor, masters, and scholars of the Universities of 
 
 Oxford and Cambridge respectively, as by law possessed 
 under the respective charters of those universities or 
 otherwise ; or 
 
 (2.) Entitle the mayors of Oxford and Cambiidge respectively 
 to any precedence over the vice-chancellors of those 
 universities respectively; or 
 
 (3.) Entitle any person to be enrolled a citizen of the city of 
 Oxford or burgess of the borough of Cambridge by 
 reason of his occupation of any rooms, chambers, or 
 premises in any college or hall of either of those 
 universities ; or 
 
 (4.) Compel any resident member of either of those univer- 
 sities to accept any office in or under the municipal 
 corporation of Oxford or of Cambridge ; or 
 
 (5.) Authorize the levy of any rate within the precincts of 
 those universities, or of any of the colleges or halls 
 thereof, which now by law cannot be levied therein, or 
 make either of those universities, or the members thereof, 
 liable to any rate to which they are not liable to con- 
 tribute at the commencement of this Act ; or 
 
 (6.) Authorize the transfer of any rights or liabilities by a 
 
 local authority to the municipal corporation of tlie 
 
 borough of Cambridge without the consent of the 
 
 chancellor, master, and scholars of the University of 
 
 Cambridge ; or 
 
 [Many attempts have been made by the municipal council of Cambridge to 
 have the powers of the Urban Sanitary Authority of the district vested in it, but 
 these attempts have always been successfully opposed by the University 
 authorities who are largelj' represented at the Board of Improvement Com- 
 missioners tor the town. Section 75, subsection 16, paragrajJh a of the Local 
 Government Act, 1888, directs that this section is not to be included in the 
 application of this Act to county councils]. 
 
 (7.) Affect the rights or privileges granted by charter or Act 
 
 of Parliament to the University of Durham. 
 
 [The effect of sections 137 and 138 of the Act of 1835, section 2 of 2 & 3 
 Vict. c. 23 (1839), section 2 of 20 & 21 Vict. 0. 50 (1857), and section 2 of 
 24 & 25 Vict. c. 75 (1861), is preserved in this clause]. 
 
 Favinsrfor 258. — Nothing in this Act shall -prevent any jurisdiction or 
 
 oTCrcaihedrai authority excrcised in or over the precinct or close of any 
 precinus. cathedral from being continued concurrently with the jurisdic- 
 tion and authority of the justices of the borough in which tlip 
 
 precinct or close is situate. 
 
 [The effect of section 138 of the Act of 1836 is preserved in this clause].
 
 THE MUNICIPAL COJtrORATIONS ACT, 1SS2. 199 
 
 259. — Nothing in this Act shall prejudicially affect her 'S'^t'".''/' 
 Majesty's royal prerogative; and the enabling provisions of saving for 
 this Act shall be deemed to be in addition to, and not in prerogativo. 
 derogation of, the powers exerciseable by Her Majesty by 
 virtue of her royal prerogative. 
 
 [The effect of section 10 of 40 & 41 Vict. c. 69 (1877) is preserved in this 
 clause]. 
 
 260. — (1.) The repeal effected by this Act shall not saving as 
 
 to repealed 
 affect — enactments 
 
 {a.) Anything done or suffered before the commencement of 
 this Act under any enactment repealed by this Act ; or 
 
 {b.) Any proceeding or thing pending or in course of being 
 done at the commencement of this Act under any 
 enactment repealed by this Act ; or 
 
 {c.) Any jurisdiction or practice established, confirmed, or 
 transferred, or right or privilege acquired or confirmed, 
 or duty or liability imposed or incurred, or compensa- 
 tion secured, by or under any enactment repealed by this 
 Act ; or 
 
 {d) Any disability or disqualification existing at the com- 
 mencement of this Act under any enactment repealed 
 by this Act ; or 
 
 {e.) Any fine, forfeiture, punishment, or other consequence 
 incurred or to be incurred in respect of any offence 
 committed before the commencement of this Act against 
 any enactment repealed by this Act ; or 
 
 (/.) The institution or the prosecution to its termination of 
 any legal proceeding or other remedy for ascertaining, 
 enforcing, or recovering any such jurisdiction, practice, 
 right, privilege, duty, liability, compensation, disability, 
 disqualification, fine, forfeiture, punishment, or conse- 
 quence as aforesaid ; or 
 
 [g) The terms on which any money has been borrowed 
 before the commencement of this Act under any enact- 
 ment repealed by this Act. 
 
 (2.) The repeal effected by this Act shall not extend to 
 Scotland or Ireland, and shall not, as regards the enactments 
 described in Part II. of the First Schedule, operate in respect 
 of any place other than a borough to which this Act applies, 
 and shall not revive or restore any statute, law, usage, custom, 
 royal or other charter, grant, letters patent, bye-law, jurisdiction,
 
 200 THE ENGLISH MUX! CI PAL CODE. 
 
 Savings. office, right, title, claim, privilege, liabilitj'-, disqualification, 
 
 exemption, restriction, practice, procedure, or other matter or 
 thing abolished by the Municipal Corporations Act, 1835, or 
 not in force or existing at the commencement of this Act, or 
 otherwise affect the past operation of any enactment repealed by 
 this Act 
 
 (3.) All elections, declarations, appointments, bj'e-laws, rates, 
 tables of fees, and regulations made, or pending, or in the 
 course of being made, and all other things done, or pending, or 
 in the course of being done, under the Municipal Corporations 
 Act, 1835, or any other enactment repealed by this Act, before 
 or at the commencement of this Act, shall for the purposes of 
 this Act be of the like effect as if they had been made or done, 
 or were pending, or in the course of being made or done under 
 this Act, and shall, as far as may be requisite for the continuance, 
 validity, and effect thereof, be deemed to have been made or 
 done, or may be carried on and be made or done, as the case 
 may require, under this Act.
 
 THE MUNICIPAL CORrORATIOXS ACT, 188i. 201 
 
 SCHEDULES. 
 
 THE EIEST SCHEDULE. 
 Enactments Eepealed. 
 
 Part I. — Enactments repealed generally. 
 [See Section 5 and pages 21 to 23.] 
 
 Part II. — Enactments repealed only as to Boroughs within 
 
 this Act. 
 [See Section 5 and pages 23 to 24.] 
 
 THE SECOND SCHEDULE. 
 Meetings and Proceedings of Council. 
 
 [See Section 22 and pages 39 to 42.] 
 
 THE THIED SCHEDULE. 
 
 Elections. 
 
 Part I. — Preparation and Revision of Parish Burgess Lists in 
 Boroughs not Parliamentary. 
 
 [See Section 44 and pages 57 to 66.] 
 
 Part II. — Rules as to Nomination in Elections of Councillors. 
 [See Section 55 and pages 66 to 70.] 
 
 Part III. — Modifications of the Ballot Act in its Application to 
 
 Municijjal Elections. 
 
 [See Section 58 and page 71.]
 
 202 THE EXGLI8H MUNICIPAL CODE. 
 
 Paut IY. — Enactments tcJiich ore to recive on the Jixpiration of 
 
 the Ballot Act. 
 [See Section 7G and pages 81 and 82J. 
 
 THE FOURTH SCHEDULE. 
 Fees and Remuneration. 
 
 The following fees and remuneration shall be payable : — 
 
 1. Commissioner for Division into Wards or Alteration of Wards. 
 Five guineas for every day he is employed, over and above his travelling and 
 
 other expenses. 
 
 2. Assistant Recorder and Officers of Second Court of Quarter Sessions. 
 
 For every day not exceeding two, or, by resolution of the 
 council, with the sanction of the Secretary of State, not 
 exceeding six — 
 
 To an assistant recorder ....... Ten guineas. 
 
 To an assistant clerk of the peace Two guineas. 
 
 To an additional crier Half a guinea. 
 
 The remuneration is payable on a certificate from the record-jr showing 
 Die amount due. 
 
 3. Coroner. 
 
 To the borough coroner (subject to the provisions of 
 any other Act relating to coroners) — 
 
 For every inquisition which he duly takes in the 
 
 borough Twenty shillings. 
 
 and 
 
 For every mile exceeding two miles which he is com- 
 pelled to travel from his usual place of abode to 
 take such inquisition ...... Ninopence. 
 
 4. Special Constables. 
 To a special constable, for every day during which ) Three shUlings and 
 he is called out to act as such. . . . j sixpence. 
 
 [See also Sections 30, 168, 171, and 196, and pages 46, 148, 151, and 163] 
 
 THE FIFTH SCHEDULE. 
 Payments out of the Borough Fund. 
 
 Part I. - Pat/nients which may he made icithout Order. 
 
 [See Section 140 and page 127]. 
 
 Part II. — Payments which may not he made without Order. 
 [See Section 140 and page 128]. 
 
 THE SIXTH SCHEDULE. 
 
 Counties to which certain Boroughs are to be considered 
 
 adjoining for Purposes of Criminal Trials. 
 
 [See Section 188 at page 160].
 
 THE MUNICIPAL CORIOEATIONS ACT, 1882. 
 
 203 
 
 THE SEVENTH SCHEDULE. 
 Procedure for Scheme on Grant of New Charter. 
 
 [See Section 214 at page 177.] 
 
 THE EIGHTH SCHEDULE. 
 
 Forms. 
 
 Part I. — Declarations on accepting Office. 
 
 Form A. 
 
 Form of Declaration on Acceptance of Corporate Office. 
 
 I, A.B , having been elected mayor [or alderman, councillor, elective auditor, 
 or revibing assessor*'\ for the borough of , hereby declare that I 
 
 take the said office upon myself, and will duly and faithfully fulfil the duties 
 thereof according to the best of my judgment and ability [and in the case of the 
 person being qualijicd by estate say, And 1 hereby declare that I am seised or pos- 
 sessed of real or personal estate, or both \_as the case may be'\, to the value or 
 amount of one thousand pounds, or five hundred pounds [cts the case may require'], 
 over and above what will satisfy my just debts]. 
 
 [See Section 34 at page 50]. 
 
 * Office now abolished. 
 
 Form B. 
 
 Declaration by Eecorder or Borough Justice. 
 
 I, A.B., hereby declare that I vdll 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. 
 
 See Section 163 at page 144 J. 
 
 Part II. — Forms relating to Flections. 
 
 Form C. 
 
 The List of Burgesses of the Borough of in the Parish 
 
 [or Township] of 
 
 Surname and other Names 
 of each Person m fuJl. 
 
 Nature of 
 
 Property for 
 
 wliich he is now 
 
 rated. 
 
 Name and Situation of Property 
 for which he is now rated. 
 
 Ashton, John 
 Bates, Thomas 
 
 Shop 
 House 
 
 No. 23, Church Street. 
 Brook's Farm. 
 
 (Signed) 
 
 C.I>. j ^ 
 
 verseers.
 
 204 
 
 THE ENGLTSH MUXICIPAL CODE. 
 
 J'"<1K.M 1). 
 
 Notice of Claim. 
 
 To the Town Clerk of the Borough of 
 
 1 HEHFBT give you notico, that I tlaim to have mj' name inserted in thepari.sh 
 burgess lists of tlio borough of that I occupy \_here descrihe 
 
 the house, warehouse, cniinlinfi-house, shop, or other bnildivg then occupied by the 
 claimant'] in the borongh, and that I have boon rated in the parish of 
 [here state the pariah or screral parishes, and the time daring which the chiimant 
 has been rated in each of them within the borough, necessary for his qualification']. 
 
 Dated the 
 
 dav of 
 
 in llic year 
 
 (Signed) John Allen of [place of abode]. 
 
 FoKM E. 
 Notice of Objection. 
 
 [or to the person objected to 
 
 To the Town Clerk of the Borough of 
 
 as the case may be]. 
 
 I iiKKKitY 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 parish burgess list] being retained on the parish burgess 
 lists of the borough of 
 
 Dated the 
 
 (Signed) 
 
 day of 
 
 in the year 
 
 John Ashton of [here state the place of abode and the 
 properly for which he is said to be 
 rated in the parish burgess lists]. 
 
 Form F. 
 
 List of Claimants. 
 
 The following Persons claim to have their Names inserted in the Parib-h 
 Burgess Lists of the Borough of 
 
 Surname and other 
 
 Karnes of each 
 
 Claimant. 
 
 Allen, John 
 
 Nature of 
 
 Property for 
 
 which he is now 
 
 rated. 
 
 Situation of 
 
 Property for 
 
 which lie is now 
 
 rated. 
 
 No. 17, High 
 
 Street. 
 
 Parish [or Parishes] in which 
 
 he has been rated, as stated 
 
 in the Claim. 
 
 Rated in the last year in 
 Saint Mary's parish in 
 the borough, and in the 
 two preceding years in 
 Saint .James' s parish in the 
 borough. 
 
 (Signed) A.J)., Town Clerk.
 
 THE MUNICIPAL CORIOHATIOKS ACT, 1882. 
 
 206 
 
 FoitM a. 
 
 I;IST OF PeUSONS OliJECTED TO. 
 
 Tlie following? Persrins have been objected to as not bi-inp^ entitled to have their 
 Names retained in the Parish Burgess Lists of the Borough of 
 
 SnrnaTne and other 
 
 Na^nesof each Terson 
 
 objected to. 
 
 Bates, Thomas 
 
 Nature of 
 
 Property for 
 
 wliio.h he is 
 
 now rated. 
 
 House 
 
 Sttmt'on of Property 
 
 for which he is snid to 
 
 be now rated in llie 
 
 Overseers' List, 
 
 Brook's Farm 
 
 Parish in -which is the 
 
 Proi)ert.v for which he is 
 
 now said to be rated in 
 
 the Overseers' List. 
 
 Saint James's. 
 
 (Signed) A.B., Town Clerk. 
 
 FOKM H. 
 
 Notice. 
 
 Borough of . Election of [Coimcillors, or elective Auditors. 
 
 or revisit! ff Assessors,* as the case may ie] for the [ Ward 
 
 or several Wards of the] Borough. 
 
 Talie Notice, 
 
 1. That an election of [here insert the number of councillors, auditors, or 
 assessors, as the case may l/e] for the [ ward or several wards 
 of the] said borough will be held on the day of 
 
 2. Candidates must be nominated by writing, subscribed by two burgesses 
 as proposer or seconder, and by eight other burgesses as assenting to the 
 nomination. 
 
 3. Candidates must be duly qualified for the office to which they are nomi- 
 nated, and the nomination paper must state the surname and other names of the 
 person nominated, with bis abode and description, and may be in the following 
 form, or to the like eti'ect : 
 
 (Set out Form I.) 
 
 4. Each candidate must be nominated bj^ a separate nomination paper, but 
 the same burgesses or any of them may subscribe as many nomination papers as 
 there are vacancies to be filled for the borough [or ward], but no more. 
 
 5. Every person who forges a nomination paper, or oelivers any nomination 
 paper knowing the same to be forged, will be guilty of a misdemeanour, and be 
 liable to imprisonment for any term not exceeding six months, with or without 
 hard labour. 
 
 6. Nomination papers must be delivered by the candidate hirrself, or liis 
 proposer or seconder, at the town clerk's office before five o'clock in the 
 afternoon of day the aay of next. 
 
 7. Tlie mayor will attend at the town hall on day the 
 
 day of , for a sufficient time between the hours of two and 
 
 four o'clock in the afternoon, to hear and decide objections to nomination 
 papers. 
 
 8. Forms of nomination papers may be obtained at the town clerk's office ; 
 and the town clerk will, at the request of any burgess, fill uxd a nomination 
 paper. 
 
 Dated thia 
 
 day of 
 
 A.B., Town Clerk. 
 
 Revising Assessors now ai)orshed.
 
 206 
 
 THE EXOTJSn MUNICIPAL CODE. 
 
 Form I. 
 Nomination Papeii. 
 
 Borough of . Election of Councillors [elective Auditors, or 
 
 revising Asscssors*'\ for Ward in the eaid Borough [or the 
 
 said Borough] to he held on the day of 18 . 
 
 We, the undersigned, being respectively burgesses, hereby nominate the 
 
 following person as a candidate at the said election. 
 
 Surnamo. 
 
 Other Names. 
 
 Abode. 
 
 Description, 
 
 Sipnaturo. 
 
 Number on Burgess Roll, with the 
 
 Ward or Pollinpr District, if any, having 
 
 a distinct numbering. 
 
 A.B. 
 CD. 
 
 We, the undersigned, being respectively burgesses, hereby assent to the 
 nomination of the above-named person as a candidate at the said election. 
 
 Dated this day of 18 
 
 Signature 
 
 E. 
 
 p. 
 
 G. 
 
 H. 
 
 I. 
 
 J. 
 
 K 
 
 L. 
 
 M 
 
 . N. 
 
 0. 
 
 P. 
 
 Q. 
 
 R. 
 
 s. 
 
 T. 
 
 Number on Burgess Roll, with the 
 
 Ward or Polling District, if any, having 
 
 a distinct numbering. 
 
 * Oflaee now abolished. 
 Form K. 
 Ballot Paper. 
 Form of Front of Ballot Paper. 
 For Elective Auditors. 
 
 Counterfoil. 
 
 No. 
 
 ^(e.— The 
 counterfoil is 
 to have a num- 
 ber to corre- 
 spond with 
 that on the 
 back of the 
 ballot paper. 
 
 Cade. 
 
 (John Cade, of 22, WcUclose Place, Accountant.) 
 
 Johnson. 
 (Charles Johnson, of 7, Albion Street, Gentleman.) 
 
 Thompson. 
 (William Thompson, of 14, Queen Street, Silversmith.)
 
 THE MUNICIPAL COMPORATIONS ACT, 1SS2. 
 For Kcvising Assessor. * 
 
 207 
 
 1 
 
 Bacox. 
 
 (Charles Bacon, of 29, New Street, Solicitor.) 
 
 
 
 2 
 3 
 
 Byron. 
 (James Byron, of 45, George Street, Commission Agent.) 
 
 Wilson. 
 (Georg-o "NVilson, of 22, Hanover Square, Gentleman.) 
 
 Form of Back of Ballot Paper. 
 
 No. . Election of elective auditors for the borough of 
 
 to be held on the day of 18 
 
 The number on the back of the ballot paper is to correspond with that on 
 the counterl'oil. 
 
 [The following cases define "correctly" and "incorrectly" marked ballot 
 i^&^eis:—Woudward v. Sarsons (L. E , 10 C. P., 733) ; a.n(l McLaren v. Milne 
 Home (44 L. T. (n. s.), 2i>9]. 
 
 * This office was practically abolished by the County Electois Act, 1888. 
 
 Part Yil.— Forms relating to Working Men's Dwellings. 
 
 Form L. 
 Form of Grai\T by Corporation. 
 The Municipal Corporations Act, 1882. 
 (Working Men's Dwellings.) 
 Boro'igh of . Grant No. , 
 
 The mayor, aldermen, and burgesses of the borough of by- 
 
 virtue and in pursuance of the above-mentioned Act, and in consideration of 
 paid to them by A.B. of hereby grant to 
 
 the said A.B. (herein referred to as the grantee), and his heirs, the site 
 following (that is to say) [^insert description] with the appurtenances, subject to 
 the following conditions (that is to say) : 
 
 1. The grantee shall build on the site one working-man's or working-men's 
 dwelling (and no more) according to the plan and specification deposited in the 
 office of the town clerk, numbered , and under the superintendence and to 
 the satisfaction of the corporation. 
 
 2. The grantee, his heirs and assigns, shall alwaj's maintain and repair the 
 building, and shall not sell or alienate the site or building in divisions or 
 Beparate parts, and, in case of the taking down or destruction of the building 
 shall not rebuild it except in manner approved by the corporation. 
 
 3. The grantee, his heii's or assigns, shall not add to or alter the character 
 of the building without the consent oi the corporation. 
 
 4. If at anytime the grantee, bis heirs or assigns, fail to fully observe and 
 perform any stipulation of this grant, the corporation may, if they think fit, 
 declare that the site is re-vested in the corporation ; and thereupon the same, 
 with the dwelling and other buildings thereon, shall become and be vested in 
 the corporation, as if this giant had not been made. 
 
 In witneta whereof &c., this 
 
 day of 
 
 IS 
 
 {Corporate Seal.)
 
 208 TEE EXGLISH MUNICIPAL CODE. 
 
 FouM 'SI. 
 
 FoHM OF TitAxsFEa OF Grajjt. 
 
 The Municipal Corporations Act, 1882. 
 
 (Working Men's Uwi-llin^s.) 
 
 Borough of . Transfer No. (Grant No. ). 
 
 A.B. of , by virtue and in pursuance of the above-mentioned 
 
 Act, and in consideration of paid to him by CD. 
 
 of , hereby grants and transfers to the said CD. and his heirs 
 
 the site comprised in the within- written* grant [or the grant No. under 
 
 the said Act, dated the day of 187 t] with 
 
 the appurtenances and with the dwelling and other buildings thereon, subject 
 to the condititjns on which that site is held immediately before the execution 
 of this transfer. 
 
 In witness whereof, &c., this day of IS . 
 
 A.li. (l.s.) 
 
 • In case of transfer by indorsement. 
 + In case of transfer by separate deed. 
 
 Form N. 
 FoEM OF Lease uy Coupokation. 
 
 The Municipal Corporations Act, 1882. 
 (Working Men's Dwellings.) 
 Borough of . Lease No. , 
 
 The mayor, aldermen, and bur<^cssrs of the borough of 
 by virtue and in pursuance of the above-mentioned Act, and in consideration 
 of the sum of paid to them by A.B. of and 
 
 of the rent and stipulations in this lease reserved and contained, and 
 to be by him, his executors, administrators, or assigns, paid and performed 
 hereby lease to the said A .E. (herein referred to as the lessee) , his 
 executors and administrators, the site following (that is to say) [visert 
 description'] with the appurtenances, for the term of [«i«e hundred and 
 nhietif-nine] years from tlie day of , at the 
 
 yearly rent (clear of all deductions) of , payable by two 
 
 equal half-yearly payments on the day of and 
 
 the day of in every year, the first thereof to 
 
 be made on the day of , and the last thereof 
 
 to be made in advance on the day of next before 
 
 the end of the term, and so that on the term being determined by re-entry a 
 proportionate ]>art of the rent for the fraction of the currciit half year up to 
 re-entry be repayable. 
 
 And the lessee hereby covenants with the corporation that he, his executors, 
 »dministratois, or assigns, will during the tei-m pay the rent on the days and 
 in manner aforesaid, and will pay all taxes, rates, and outgoings for the time 
 being payable by the tc^nant in respect of the i:)remises. 
 
 And this lease is made subject to the following conditions (that is to say) : 
 
 1. The lessee shall build on the site one working-man's or workint!;-men's 
 dwelling (and no more) according to the plan and specilication deposited in 
 the office of the town clerk, and numbered , under the superintendence 
 and to the tatiafaction of the corporation. 
 
 2. The lessee, his executors, administrators, and assigns, shall always during 
 the term maintain and repair the building, and shall not sell or alienate the 
 site or building in divisi(jns or sejiarale parts and, in case of the taking down 
 or destruction of the building, shall not rebuild it, except in manner approved 
 b^- the corporation.
 
 THE MUyiCIPAL CORrOIiATIONS ACT, 1SS2. 209 
 
 3. The lessee, his executors, administrators, or assigns, shall not add to or 
 alter the character of the building without tho consent in writing of the 
 corporation. 
 
 4. If at any time the lessee, his executors, administrators, or assigns, fail to 
 duly jiay tho rent hereby reserved, or to fully observe nnd perform any 
 stipulation herein contained, the corporation may, if they think tit, re-enter 
 on any part of tlie site in the name of the whole, and thereupon the term of 
 
 years shall absolutely cease. 
 
 In witness whereof, &c., this day of 13 . 
 
 {^Corporate Seal.) 
 A.B. (l.s.) 
 
 Form 0. 
 Form of Assignment of Lease. 
 
 The Municipal Corporations Act, 1882. 
 ("Working Men's Dwellings.) 
 
 Borough of . Transfer No. . (Lease No. .) 
 
 A.B. of (herein referred to as the assignor) by virtue and in 
 
 pursuance of the above-mentioned Act, and in consideration of 
 paid to him by CD. of , hereby assigns to the said CD. 
 
 (herein referred to as the assignee,) his executors and administrators, the site 
 comprised in the within -written lease* [or the lease No. under the said 
 
 Act, dated the day of 18 t], with tha 
 
 appurtenances, and with the dwelling and other buildings thereon, for tho 
 residue of the term of years, at the rent and subject to 
 
 the stipulations and conditions at and subject to which that site is held 
 immediately before the execution of this assignment. 
 
 And the assignee for himself, his executors and administrators, covenants 
 with the assignor, his executors and administrators, that the assignee, his 
 executors or administrators, will pay the yearly rent and observe and pci-form 
 the stipulations and conditions aforesaid, and will at all times keep the assignor, 
 his executors and administrators, indemnified in respect thereof. 
 
 In witness whereof, &c., this day of 18 
 
 A.B. (l.s.) 
 
 CD. (l.s.) 
 
 • In case of assignment by indorsement. 
 f In case of assignment by separate deed. 
 
 Pakt IY. — Forms relating io Borough Bridges. 
 
 Form P. 
 
 Form of Mortgage. 
 
 The Municipal Corporations Act, 1882. 
 
 (Borough Bridges.) 
 
 Borough of . Mortgage No. , 
 
 We, the mayor, aldermen, and burgesses of the borough of 
 by virtue and in pursuance of the above-montiontd Act, and in consideration 
 of tlie sum of paid to them by A. 11., of for the 
 
 11
 
 210 THE EXGLISS MUNICIPAL CODE. 
 
 purposes of the said Act, do grant and assi;,'n unto the said A.Ii., his executors, 
 administrators, and assigns, such proportion of the borough fund and borousrh 
 rate as the said sum of doth or shall bear to the whole sum 
 
 which is or shall be borrowed on the credit of the said fund and rate, to hold 
 to the said A.B., his executors, adjninistrators, and assigns, from the day of the 
 date hereof, until the said sum of with interest at the rate 
 
 of per centum per annum for the same, shall be fully paii and satisfied. 
 
 And it is hereby declared that the said principal sum shall be repaid on the 
 day of at [place of payment']. 
 
 In witness whereof, &c., this day of 18 . 
 
 [Corpoiate Seal.) 
 
 Form Q. 
 Form of Transfer of Mortgage. 
 The Municipal Corporations Act, 1882. 
 (Borough Bridges.) 
 Borough of . Transfer No. , (Mortgage No. .) 
 
 I A.B. of in consideration of the sum of 
 
 paid to me by CD. of , do hcrLby transfer to the said 
 
 C.I)., his executors, administrators, and assigns, a certain mortgage, dated this 
 day of , and made by the mayor, aldermen, 
 
 and burgesses of the borough of , under the above- 
 
 mentioned Act, for securing the sum of and interest 
 
 thereon at per centum per annum [or, if the transfer is by indorsement 
 
 on the mortgage, insert, instead of the words immediately folloicing the tvord 
 •* assigns,'" the within security], and all my right, estate, and interest in and to 
 the money thereby secured, and in and to the fund and rate thereby assigned. 
 
 In witness whereof, &c., this day of 18 
 
 A.B. (l.8.) 
 
 THE NINTH SCHEDULE. 
 
 Enactments in which a Reference to this Act is to be 
 
 substituted. 
 
 Part I. 
 General References. 
 
 2 & 3 Vict. c. 93.— An Act for the establishment of county and district con- 
 stables by the authority of justices of the peace (section 24). 
 
 5 & 6 Vict. c. 109.— An Act for the appointment of parish constables (sec- 
 tion 21). ^ 
 
 9 & 10 Vict. c. 74. — An Act to encourage the establishment of public baths 
 and wash-houses (section 1). 
 
 10 & 11 Vict. c. 62.— An Act for the establishment of naval prisons, and for 
 the prevention of desertion from Her Majesty's navy (section 13). 
 
 12 & 13 Vict. c. 35. — An Act for requiring annual returns of the expenditure
 
 THE MUNICIPAL CORPORATIONS ACT, IS82. 211 
 
 on higliways in England and Wales to be transmitted to the Secretary of State, 
 and afterwards laid before Parliament (section 2.) 
 
 12 & 13 Vict. c. 82. — An Act to relieve boroughs, in certain cases, from con- 
 tribution to certain descriptions of county expenditure. 
 
 13 & 14 Vict. c. 20. — An Act to amend an Act of the fifth and sixth years of 
 Her present Majesty for the appointment and payment of parish constables 
 (section 7). 
 
 13 & 14 Vict. c. 105. — An Act for facilitating the union of liberties with the 
 counties in which they are situate (section 10). 
 
 14 & 15 Vict. c. 28. — An Act for the well-ordering of common loJging- 
 housca (section 2). 
 
 14 & 15 Vict. c. 34. — An Act to encourage the establishment of lodging- 
 houses for the labouring classes (section 2) . 
 
 16 & 17 Vict. c. 73. — An Act for the establishment of a body of naval coast 
 volunteers, and for the temporarj^ transfer to the navy, in case of need, of sea- 
 faring men employed in other public services (section 24). 
 
 16 & 17 Vict. c. 97. — The Lunatic Asylums Act, 1853 (section 9). 
 
 17 & 18 Vict. c. 71. — An Act to amend the law concerning the making of 
 borough rates in boroughs not within the Municipal Corporation Acts. 
 
 17 & 18 Vict. c. 87. — An Act to make further provision for the burial of the 
 dead in England beyond the limits of the metropolis (section 3). 
 
 17 & 18 Vict. c. iOo.— The Militia Law Amendment Act, 1854 (section 11). 
 
 18 & 19 Vict. 0. 57. — An Act further to amend the laws relating to the militia 
 in England (section 7). 
 
 18 & 19 Vict. c. 121. — The Nuisances Eemoval Act for England, 1855. 
 
 19 & 20 Vict. c. 69.— An Act to render more effectual the police in counties 
 and boroughs in England and Wales. 
 
 20 & 2l'Vict. c. 81. — An Act to amend the Burial Acts. 
 
 22 & 23 Vict. c. 40. — An Act for the establishment of a reserve volunteer 
 force of seamen, and for the government of the same (section 25) . 
 
 23 & 24 Vict. c. 68. — An Act for the better management and control of the 
 highways in South Wales. 
 
 25 & 26 Vict. c. 61.— An Act for the better management of highways ia 
 England. 
 
 26 & 27 Vict. c. 13. — An Act for the protection of certain garden or orna- 
 mental grounds in cities and boroughs. 
 
 26 & 27 Vict. c. 97.— The Stipendiary Magistrates Act, 1863 (section 2). 
 28 & 29 Vict. c. 126.— The Prison Act, 1865 (section 4). 
 
 30 & 31 Vict. c. 102.— The Representation of the People Act, 1867. 
 
 31 & 32 Vict. c. 22.— The Petty Sessions and Lock-up House Act, 1868 
 (section 3). 
 
 31 & 32 Vict. c. 46.— The Boundary Act, 1868 (First Schedule). 
 
 31 & 32 Vict. c. 58. — The Parliamentary Electors Registration Act, 1868. 
 
 31 & 32 Vict. c. 125. — The Parliamentary Elections Act, 1868 (sections 43 
 and 45). 
 
 31 & 32 Vict. c. 130. — The Artizans and Labourers Dwellings Act, 1868 
 (section 3), 
 
 33 & 34 Vict. c. 75.— The Elementary Education Act, 1870 (section 3). 
 
 33 & 34 Vict. c. 78.— The Tramways Act, 1870 (Schedule A.). 
 
 34 & 35 Vict. c. 56.— The Dogs Act, 1871 (Schedule). 
 
 34 & 35 Vict. c. 105.— The Petroleum Act, 1871 (section 2). 
 
 35 & 36 Vict. c. 38.— The Infant Life Protection Act, 1872 (First Schedule). 
 35 & 36 Vict. c. 91.— An Act to authorize the application of funds of muni- 
 cipal corporations and other governing bodies in certain cases. 
 
 38 & 39 Vict. c. 17.— The Explosives Act, 1875 (section 108). 
 38 & 39 Vict. c. 55.— The Public Health Act, 1875 (section 4). 
 
 38 & 39 Vict. c. 83.— The Local Loans Act, 1875 (section 34). 
 
 39 & 40 Vict. c. 56.— The Commons Act, 1876 (section 37). 
 
 40 & 41 Vict. c. 21.— The Prison Act, 1877 (section 59). 
 
 41 & 42 Vict. c. 49.— The Weights and Measures Act, 1878 (Fourth 
 Schedule) . 
 
 41 & 42 Vict. c. 74.— The Contagious Diseases (Animals) Act, 1878 (sections 
 7 and 66). 
 
 41 & 42 Vict. c. 77.— The Highways and Locomotives (Amendment) Act 
 1878 (section 38).
 
 212 THE ENGLISH MUXICIPAL CODE. 
 
 Paiit II. 
 Particular Eeferencea. 
 
 14 & 15 Vict. c. 55. — An Act to amend the law relatin<» to the expenses of 
 prosecutions and to make further pro%'isions for the apprehension and trial of 
 oflenders in certain cases : 
 
 In section 21, for Schedule C. to the Municipal Corporations Act, 1835, tlie 
 Sixth Schedule to this Act. 
 
 33 & 34 Vict. c. 91. — The Clerical Disahilities Act, 1870: 
 
 In the First Schedule, for section 28 of the Municipal Corporations Art, 1S35, 
 BO much of the provision of this Act relitive to di.^qualilications for being 
 councillor as relates to being in holy orders.
 
 213 
 
 APPENDIX. 
 
 GENERAL RULES UNDER, THE PROVISIONS OF 
 
 SECTION 100 (see page 100). 
 
 General Jiules of the Judges under the Corrupt Practices ('Municipal ElectionaJ 
 
 Act, 1872. 
 Eule 
 
 1 . Petition, mode of presenting, receipt of same, copy of petition. 
 
 2. Petition, contents and form of. 
 
 3. Petitions to be divided into paragraphs, numbered, &c. 
 
 4. Petition, conclusion of. 
 
 5. Petition, form of. 
 
 6. Petition, evidence need not be stated, court may order particulars. 
 
 7. When office claimed because of a majority of votes, a list of votes objected 
 
 to and heads of olijection to each to be delivered. 
 
 8. When respondent intends to disqualify person claiming the seat, a list of 
 
 votes objected to and heads of objection to be delivered. 
 
 9. With peiition, petitioners to leiive with master the name of some attorney 
 
 entitled to practise in the High Court of Justice as agent. 
 
 10. A person elected may leave notice with a Master appointing an attorney to 
 
 act as his agent should there be a petition, or stating that he intends to 
 act for himself, &c. 
 
 11. The master to keep a book to enter addresses of agent. 
 
 12. The master to send a copy of petition to town clerk, with name of petitioner's 
 
 agent, kc, town clerk to publish from particulars cost of publication, 
 
 13. Time of giving notice of presentation of petition. 
 
 14. Service of petition where respondent has named an agent, service of petition 
 
 where no agent named, when personal. 
 
 15. Evasion of service of petition, provision in case of, 
 
 16. As to deposit of money by way of security of costs and charges. 
 
 17. Keceipt of certificate of, to be filed by the master, account to be kept in a 
 
 book open to inspection. 
 
 18. The recognisance as security, how to be acknowledged, one or more recogni- 
 
 sances may be taken. 
 
 19. What the recognisance is to contain, form of. 
 
 20. The recognisance to be left at the master's office. 
 
 21. Time of giving notice of objection to recognisance. 
 
 22. Of objections to the recognisance. 
 
 23. Objections to be heard by the master, subject to appeal. 
 
 24. The hearing and decision cither upon affidavit or examination of witnesses, 
 
 25. If security be declared sufficient, its sufficiency to be deemed to be established 
 
 within the meaning of the 13th section. 
 
 26. If objection to the security be allowed, the master or judge to state what 
 
 amount he deems requisite to make the security sufficient, &c. 
 
 27. How costs to be paid. 
 
 28. As to costs of hearing and deciding an objection to recognisance, affidavit of 
 
 sufficiency. 
 
 29. The effect on an order of the master for payment of costs. 
 
 30. The master to make out a '* municipal election list," its contents open to 
 
 inspection.
 
 214 THE ENGLISH MUNICIPAL CODE. 
 
 31. Trial of petition — Time of to be fixed by the judges on the rota, the nriastei 
 
 to give notice to the parties, and public notice. 
 
 32. The master to stick up notice of trial in hia office. 
 
 33. Notice of trial, form of. 
 
 34. A judge may postpone commencement of the trial. 
 
 35. Trial to stand adjourned to next day in the event of the barrister not having 
 
 arrived. 
 3G. Adjournment — No formal adjournment necessary, 
 
 37. Special case — Application to state. 
 
 38. Title of the court and of proceedings. 
 
 39. An officer of the court, similar to the clerk of assize or arraigns, to be 
 
 appointed, to be called the registrar of the court. 
 
 40. Costs of witnesses to bo ascertained by registrar, certificate, allowing them 
 
 to bo given unless the court should otherwise order. 
 
 41. Witness — Order of court to compel attendance of. 
 42 Contempt— Warrant of commitment for. 
 
 43. To whom to be directed -Authority of. 
 
 44. Interlocutor}- matters to be disposed of by a judge. 
 
 45. Withdi-awing petition— Notice of application for leave to withdraw petition 
 
 — Form of notice. 
 
 46. Notice to be left at master's office. 
 
 47. Copy of notice of intention to apply to withdraw petition to be given to 
 
 respondent and town clerk — Form of notice. 
 
 48. Any person who may h;ive been a petitioner may apply to be substituted. 
 
 49. Time and i)lace for hearing application to be fixed by a judge — Notice to be 
 
 given. 
 
 50. Notice of abatement of petition. 
 
 5 1 . Proceedings where petitioner dies. 
 
 62. Manner and time of respondent's giving notice that he does not intend to 
 
 oppose petition. 
 53. Upon such notice being given, master to send copy to petitioner and to town 
 
 clerk. 
 64 . Time for applying to bo admitted as a respondent. 
 
 55. Taxation and recovery of costs. 
 
 56. Agent for the parties to leave notice of appointment with master. 
 67. No proceedings defeated by any formal objection. 
 
 58. As to publication of rules. 
 
 Additional General Bules [IQth December, 1872). 
 
 1 . As to claims to money deposited in the Bank of England pursuant to 
 
 rule 16. 
 
 2. As to return or disposition of money so deposited. 
 
 3. Rule or order as to same after notice and proof that all just claims have been 
 
 satisfied. 
 
 4. Rule or order may direct pajonent either to party in whoso name it is made 
 
 or to any other person entitled to receive same. 
 
 5. Upon .such rule or order being made the amount may be drawn. 
 
 6. The draft of the judge to be a sufficient warrant for payment. 
 
 7. The barrister may appoint a person to act as crier and officer of court. 
 
 8. Shorthand writer to be the shorthand writer to the House of Commons. 
 
 Additional General Hides {27th January, 1875). 
 
 1 . A copy of every order and of every particular delivery to be filed with master, 
 
 and be produced at the trial by registrar. 
 
 2. Petitioner or his agent immediately after notice of the presentation of petition 
 
 and nature of proposed security to tile an affidavit of service thereof. 
 
 3. The days mentioned in rules 7 and 8 and in any rule of court or judge's 
 
 order or any act to be done so many days before the day appointed for 
 trial, to be reckoned exclusively of the day of delivery or doing the act, 
 and exclusive of Sunday, Christmas Day, Good Friday, and any day of 
 public fast or thanksgiving. 
 
 4. Provision where the last day falls on a holiday. 
 6. Rule 40 revoked, and provision in lieu thereof.
 
 ATPENDIX. 215 
 
 MICHAELMAS TERM, 1872. 
 Rules referred to in Section 100, Subsection 6, 
 
 (see page 100). 
 
 GENERAL RULES 
 
 For the effectual execution of " The Corrupt Practices (Municipal Elections) 
 Act,"' 1872, made by 
 
 Sir Colin Blackburn, Knight, one of the Justices of the Queen's Bench ; 
 Sir Henuy Singer Keating, Knight, one of the Justices of the Common Pleas; 
 
 and 
 Sir Anthony Cleasbt, Knight, one of the Barons of the Exchequer ; 
 
 The Judges for the time being on the rota for the trial of election 
 petitions in England, pursuant to the Parliamentary Elections Act, 
 1868. 
 
 1. The presentation of a Municipal Election Petition shall be made by leaving 
 at the office of the Master for the time being nominated by the Chief Justice of 
 the Common Pleas, under the Parliamentary Elections Act, 1868, and such 
 JM aster or his clerk shall (if required) give a receipt which may be in the follow- 
 ing form : 
 
 Received on the day of at the Master's office, 
 
 a petition touching the election of A.B., alderman, councillor, \_icc. as 
 the case mat/ be] for the borough of purporting to be signed 
 
 by [insert the names of petitioners]. 
 
 CD., Master's Clerk. 
 
 "With the petition shall also be left a copy thereof for the Master to send 
 to the town clerk, pursuant to section 13, subsection (1), of the Municipal 
 Elections Act. 
 
 2. A municipal election petition shall contain the following statements : 
 
 (1.) It shall state the right of the petitioner or petitioners to petition within 
 eection 13, subsection (1), of the Act : 
 
 (2.) It shall state the holding and result of the election, and shall briefly 
 state the facts and grounds relied on to sustain the prayer. 
 
 3. The petition shall be divided into paragraphs, each of which, as nearly as 
 may be, shall be confined to a distinct portion of the subject, and every para- 
 graph shall be numbered consecutively, and no costs shall be allowed of drawing 
 or copying any petition not substantially in compliance with this rule, unless 
 otherwise ordered by the Com-t of Common Pleas or a judge at chambers. 
 
 4. The petition shall conclude with a prayer, as for instance, that some 
 specified person should be declared duly returned or elected, or that the election 
 should be declared void, or that a return may be enforced (as the case may be), 
 and shall be signed by all the petitioners. 
 
 5. The following form, or one to the like efi'ect, shall be sufficient : 
 
 In the Common Pleas. 
 
 " The Municipal Elections Act, 1872." 
 
 Election for \_state the place and office for which election held] holden on 
 the day of A.D. 
 
 The petition of A. of \_or oi A. oi , and^. 
 
 of , as the case may be] whose names are subscribed. 
 
 1. Your petitioner ^. is a person who voted [or had a right to vote, 
 as the case may be], at the above election [or was a candidate at the above 
 election] ; and your petitioner B. [here state in like manner the right of 
 each petitioner]. 
 
 2. And your petitioners state that the election was holden on 
 the day of A.D. , when ^.j?., C.i)., and 
 E.F., were candidates, and that A.B. and CD, have been in the usual 
 manner declared to be duly elected.
 
 210 THE ENGLISE MUNICIPAL CODE. 
 
 3. And your petitioners say that [here state the fads and grounds on 
 which the j)t:tilio)icrs rcli/~\. 
 
 Wheiefoi'O your petitioners pray that it may Lc determined that the 
 said -^i.i?. was not duly elected, and that the election was void \_or tliat 
 the said E.F. was duly elected and ought to have been returned, or u* 
 the case may bu]. 
 
 (Signed) 
 
 A, 
 
 B. 
 
 6. Evidence need not be stated in the petition, but the Court of Common 
 rieas or a judge at chambers may order such particulars as may be necessary to 
 jireveut surprise and unnecessary expense, and to insure a lair and ell'ectual trial 
 iu the same way as in ordinary proceedings in the Court of Common Pleas, 
 and upon such terms as to costs and otherwise as may be ordered. 
 
 7. When a i^etitioiier claims the office for an unsuccessful candidate, alleging 
 that he had a majority of lawful votes, the party complaining of or defending 
 tlio election shall, six days before the day appointed for trial, deliver to trie 
 Master and also at the address, if any given by the petitioners and respondent, 
 as the case may be, a list of the votes intended to be object ^d to, and of the 
 heads of objection to each such vote, and the Master shall allow inspection and 
 office copies of such li^-ts to all parties concerned ; and no evidence shall be 
 given against the validity of any vote, nor upon any head of objection not 
 specified in the list, except by leave of the Court of Common Pleas or a judge 
 at chambers upon such terms as to amendment of the list, postponement of the 
 in(]uiry, and payment of costs, as may be ordered. 
 
 8. When the respondent in a petition under the Act complaining of an undue 
 election, and claiming the office for some person, intends to give evidencs to 
 prove that the election of such person was undue, pursuant to the loth section of 
 the Act, subsection 9, such respondent shall, six days before the day appointed 
 for trial, deliver to the JMastcr, and also at the address, if any, given by Iho 
 petitioner, a list of the objections to the election upon which he intends to rely, 
 and the Master shall allow inspection and office copies of such lists to all persons 
 concerned; and no evidence shall be given by a respondent of any objection to 
 the election not specified iu the list, except by leave of the Court of Common 
 Pleas or a judge at chambers, upon such terms as to amendments of the list, 
 postponement of the inquiry, and payment of costs, as may be ordered. 
 
 9. With the petition petitioners shall leave at the office of the Master a 
 writing, signed by them or on their behalf, giving the name of some person 
 entitled to practise as an attorney in the Court of Common Pleas, whom they 
 authorize to act as their agent, or stating that they act for themselves, as the 
 case may be, and in either case giving an address, within three miles from the 
 General Post Office, at wliich notices addressed to them may be left ; and if no 
 Bucli writing be left or address given, then notice of objection to the recogni- 
 eances, and all other notices and proceedings, may be given by sticking up the 
 same at the IMaster's office. 
 
 10. Any person elected to any municipal office may at any time after ho is 
 elected send or leave at the office of the Master a writing, signed by him or on 
 his behalf, appointing a person entitled to practise as an attorney in the Court 
 of Common Pleas, to act as his agent in case there should be a petition against 
 him, or stating that he intends to act for himself, and in either case giving an 
 address within three miles from the General Post Office at which notices may bo 
 left, and iu default of such writing being h'ft in a week after service of the 
 petition, notices and proceedings may be given and served respectively by 
 Bticking up the same at the Master's office. 
 
 11. The Master shall keep a booker books at his office in which he shall 
 enter all addresses and the names of agents given under either of the preced- 
 ing rules, which book shall be open to inspection by any person during office 
 Lours. 
 
 1'2. The Master shall, upon the presentation of the petition, forthwith send a 
 copy of the petition to the town clerk, pursuant to section 13 of the Act, sub- 
 section (1), and shall therewith send the name of the petitioner's agent, if any, 
 and of the address, if any, given as prescribed, and also of the name of the 
 respondoi't's agent, and the address, if any, given as prescribed, and the town 
 clerk ahull forthwith publish those particulars along with the petition.
 
 AVPENDIX. 217 
 
 The cost of publication of this and any other matter required to be published 
 by the town clerk shall be paid by the petitioner or person moving in the 
 matter, and shall form part of the genenil costs of the petition. 
 
 13. The time for giving notice of the presentation of a petition and of the 
 nature of the proposed security, shall be five days, exclusive of the day of 
 presentation. 
 
 14. Where the respondent has named an agent or given an address, the 
 service of a municipal election petition may be by delivery of it to the agent, or 
 by posting it in a registered letter to the address given at such time that, in the 
 ordinary course of post, it would be delivered within the prescribed time. 
 
 In other cases the service must be personal on the respondent, unless a judge 
 at chambers on an application made to him not later than five days after the 
 petition is presented on affidavit, showing what has been done, shall be satisfied 
 that all reasonaMe eflbrt has been made to effect personal service and cause the 
 matter to come to the knowledge of the respondent, in which case the judge may 
 order that what has been done shall be considered sufficient service, subject to 
 such conditions as he may think reasonable. 
 
 15. In case of evasion of service the s-ticking up a notice in the office of the 
 JLister of the petition having been presented, stating the petitioner, the prayer, 
 and the nature of tlie proposed secui-ity, shall be deemed eqmvalent to personal 
 service if so ordered by a judge. 
 
 16. The depo>it of money by way of security for payment of costs, charges, 
 and expenses payable by the petitioner, shall be made by payment into the Bank 
 of England to an account to be opened there by the description of " The Corrupt 
 Practices Municipal Elections Act, 1872, Security Fund," which shall be vested 
 in and drawn upon from time to time by the Chief Justice of the Common 
 Pleas for the time being, for the purposes for which security is required by the 
 said Act, and a bank receipt or certificate for the same shall be forthwith left at 
 the Master's office. 
 
 17. The blaster shall file such receipt or certificate, and keep a book open to 
 inspection of all parties concerned, in which shall be entered from time to time 
 the amount and the petition to which it is applicable. 
 
 IS. The recognisance as security for costs may be acknowledged before a 
 judge at chambers or the Master in town, or a justice of the peace in the 
 country. 
 
 There may be one recognisance acknowledged by all the sureties, or separate 
 recognisances by one or more, as may be convenient. 
 
 19. The recognisance shall contain the name and usual place of abode of each 
 surety, with such sufficient description as shall enable him to be found or ascer- 
 tained, and may be as follows : — 
 
 Be it remembered that on the day of , in the year of our 
 
 Lord 18 , before me [7iame and description] came A.B., of \_name and description 
 as above described'] and acknowledged himself \_or severally acknowledged them- 
 selves] to owe to our Sovereign Lady the Queen the sum of five hundred pounds 
 [or the following sums], (that is to say) the said CD. the sum of £ , the 
 
 said E.F. the sum of £ , the said G.E. the sum of £ , and the said 
 
 J.K. the sum of £ , to be levied on his [or their respective] goods and 
 
 chattels, land and tenements, to the use of our said Sovereign Lady the Queen, 
 her heirs and successors. 
 
 The condition of this recognisance is that if [here insert the names of all the 
 petitioners, and if more titan one, add, or any of them] shall well and truly pay 
 all costs, charges, and expenses in respect of the election petition signed by him 
 [or them] relating to the [here insert the name of the borough] which shall become 
 payable by the petitioner [or petitioners, or any of them,] under the Corrupt 
 l*ractices Municipal Elections Act, 1872, to any person or persons, then this 
 recognisance to be void, otherwise to stand in full force. 
 
 Signed, 
 
 [Signature of sureties.'] 
 
 Taken and acknowledged by the above-named [name of sureties'] on the 
 day of at , before me, 
 
 CD. 
 A justice of the peace [or as the case may be.]
 
 21 R TEE EXGLISn MUXICITAL CODE. 
 
 20. Tho recognisance or recognisances eliall be left at the Master's office, by 
 or on behalf of the petitioner in like manner as before prescribed for the leaving 
 of a petition forthwith after being acknowledged. 
 
 21. The time for giving notice of any objection to a recognisance under the 
 13th section of the Act, subsection (4), shall be within five days from the date 
 of service of the notice of the petition and of the nature of the security, exclusi ve 
 of the day of service. 
 
 22. An objection to the recognisance must state the ground or grounds thereof, 
 as that the sureties, or any and which of them, are insufficient, or that a surety 
 is dead, or that he cannot bo found, or that a person named in the recognisance 
 has not duly acknowledged the same. 
 
 23. Any objection made to the security shall bo hoard and decided by the 
 Master, subject to appeal within five days to a judge, upon summons taken out 
 by either party to declare the security sufficient or insufficient. 
 
 24. Such hearing and decision may be either upon affidavit or personal exami- 
 nation of witnesses, or both, as the Master or judge may think fit. 
 
 25. If by order made upon such summons tho security bo declared sufficient, 
 its sufficiency shall be deemed to be established within the meaning of the 13th 
 section of the said Act, and tho petition shall be at issue. 
 
 26. If by order made upon such summons an objection be allowed and the 
 security be declared insutlicient, the Master or judge shall in such order state 
 what amount ho deems requisite to make the security sufficient, and the further 
 prescribed time to remove tho objection by deposit shall be within five days 
 from the date of the order, not including tho day of tho date, and such deposit 
 shall be made in the manner already prescribed. 
 
 27. The cost of hearing and deciding tho objections made to the security given 
 shall be paid as ordered by the Master or judge, and in default of such order 
 shall form part of the general cost of the petition. 
 
 28. The cost of hearing and deciding an objection upon the ground of 
 insufficiency of a surety or sui-eties shall bo paid by the petitioner, and a clause 
 to that effect shall be inserted in tho order declaring its sufficiency or in- 
 sufficiency, unless at the time of leaving the recognisance with the JMaster there 
 be also left with the Master an affidavit of the suiiiciency of tho surety or sureties 
 sworn by each surety before a justice of the peace, which affidavit any justice of 
 the peace is hereby authorized to take, or before some person authorized to take 
 affidavits in the Court of Common Pleas, that he is seised or possessed of real or 
 personal estate, or both, above what will satisfy his debts, of the clear value of 
 the sum for which he is bound by his recognisance, which affidavit may be as 
 follows : — 
 
 In tho Common Pleas. 
 
 Corrupt Practices (IMunicipal Elections) Act, 1872. 
 
 I, A.B. of [as in recognisance^ make oath and say that I am seised or possessed 
 of real [or personal] estate above what will satisfy my debts, of the clear 
 value of £ 
 
 Sworn, &c. 
 
 29. The order of the Jlaster for payment of costs shall have the same force as 
 an order made by a judge, and may be made a rule of the Court of Common 
 Pleas, and enforced in like manner as a judge's order. 
 
 30. The Master shall make out the municipal election list. In it ho shall 
 insert the name of the agents of the petitioners and respondent, and the 
 addresses to which notices may be sent, if any. Tho list may be inspected at 
 the blaster's office at any time during olfice hours, and shall be put up for that 
 purpose upon a notice-board apjjropriated to proceedings under the said Act, and 
 headed " Alunicipal Election List." 
 
 31. The time of the trial of each municipal election petition shall be fixed by 
 the election judges on the rota, or any one of them, who shall signify the same 
 to the Master, and notice thereof shall be given in writing by the Master by 
 sticking notice up in his office, sending one copy by post to the nddress given by 
 the petitioner, another to the address given by tho respondent, if any, and a 
 copy by the post to tho town clerk of the borough to which tho petition relates, 
 fifteen days before the day appointed for the trial. 
 
 Tho town clerk shall forthwith publish the same in the borough.
 
 APPENDIX. 219 
 
 32. The sticking ap of the notice of trial at the office of the Master Bhall be 
 deemed and taken to be notice in the prescribed manner within the meaning of 
 tlie Act, and such notice shall ntjt bo vitiated by any miscarriage of or relating 
 to the copy or copies thereof to be sent as already directed. 
 
 33. The notice of trial may be in the following form : 
 
 Corrupt Practices (Municipal Elections) Act, 1S72. 
 
 Election petition of Borough of 
 
 Take notice that the above petition [or petitions] will be tried at 
 on the day of and on such other subseq^uont days 
 
 as may be needful. 
 
 Dated the day of 
 
 Signed, by order, 
 
 A.B., 
 The Master appointed under the above Act. 
 
 34. A judge may from time to time, by order made upon the application of a 
 party to the petition, or by notice in such form as the judge may direct to be 
 sent to the town clerk, postpone the beginning of the trial to such day as he 
 may name, and such notice when received shall be forthwith made public by the 
 town clerk. 
 
 35. In the event of the barrister to whom the trial of the petition is assigned 
 not having arrived at the time appointed for the trial, or to which the trial is 
 postponed, the commencement of the trial shall ipso facto stand adjourned to the 
 ensuing day, and so from day to day. 
 
 36. No formal adjournment of the court for the trial of a municipal election 
 petition shall be necessary, but the trial is to be deemed adjourned, and may be 
 continued ^rom day to day until the inquiry is concluded. 
 
 37. The application to state a special case may be made by rule in the Court 
 of Common Pleas when sitting, or by a summons before a judge at chambers, 
 upon hearing the parties. 
 
 38. The title of the court held for the trial of a municipal election petition 
 may be as follows : 
 
 "Court for the trial of a municipal election petition for the borough of {or 
 «« w«y ie] between petitioner and respondent," 
 
 and it shall be sufficient so to entitle all proceedings in that court. 
 
 39. An officer shall be appointed for each court for the trial of a municipal 
 election petition by the election judges, at the time that they assign the petition 
 to the barrister ; such officer shall attend at the trial in like manner as the 
 clerks of assize and of arraigns attend the assizes. 
 
 Such officer may be called the registrar of that court. He, by himself, or in 
 case of need, his sufficient deputy, shall perform all the functions incident to 
 the officer of a court of record, and also such duties as may be prescribed to 
 him. 
 
 40. The reasonable costs of any witness shall be ascertained by the registrar 
 of the court, and the certificate allowing them shall be under his hand, unless 
 the court shall otherwise order. 
 
 41. The order of the court to compel the attendance of a person as a witness 
 may be in the following form : 
 
 Court for the trial of a municipal election petition for {complete the title 
 of the cou7-t] the day of 
 
 To A. P. {describe the persoti']. You are hereby required to attend 
 before the above court at {place'] on day of at the hour of 
 
 {or forthwith, as the case may be] to be examined as a witness in the matter of 
 the said petition, and to attend the said court irntU your examination shall have 
 been completed. 
 
 As witness my hand, A. P., 
 The barrister to whom the trial of the said petition is 
 assigned.
 
 220 THE EXGLTSH MUNICIPAL CODE. 
 
 4 .'. In tho event of its being necessary to commit any person for contempt, the 
 warrant may be as follows : 
 
 At a court holden on at for tbe trial of a municipal 
 
 election petition for the borough of , before A.B., one cf 
 
 the barristers appointerl for the trial of municipal election petitions, 
 
 pursuant to "The Corrupt Practices (Municipal Elections) Act, 1872." 
 
 Whereas CD. has this day been guilty, and is by the said court adjudged to 
 
 be guilty of a contempt thereof. The said court does therefore sentence the 
 
 paid" C.Z). for his snid contempt to be imprisoned in the gaol for 
 
 calendar months [or as way ie], and to pay to our Lady the Queen a fine of 
 
 £ , and to be further imprisoned in the said gaol until the s:iid fine be 
 
 paid, and the court further orders that the sheriff of the borough [(/" amj, or as 
 
 the cane maij be], and all constables and oBBcers of the peace of any county, 
 
 borough, or place where the said C.Z). maybe found, shall take the said CD. 
 
 into custody and convev him to the said gaol, and there deliver him into the 
 
 custody of the gaoler" thereof, to undergo his said sentence; and the court 
 
 further orders the said gaoler to receive the said CD. into his custody, and that 
 
 ha shall be detained in the said gaol in pursuance of the said sentence. 
 
 A.B. 
 
 Signed the day of 
 
 ° A.B. 
 
 43. Such warrant may be made out and directed to the sheriff or other person 
 having the execution of process of the superior courts, as the case may bo, and 
 to all constables and officers of the peace of the county, borough, or place where 
 the person adjudged guilty of contempt may be foimd, and such warrant shall 
 be sufficient without further particularity, and shall and may be executed by the 
 persons to whom it is directed or any or either of them. 
 
 44. All interlocutory questions and matters, except as to the sufficiency of the 
 security, shall be heard and disposed of before a judge, who shall have the same 
 control over the proceedings under the Corrupt Practices (Municipil Elections) 
 Act, 1872,asa judge at chambers in the ordinary proceedings of the superior 
 courts, and such questions and matters shall be heard and disposed of then by 
 any judge at chambers. . 
 
 45. Notice of an application for leave to withdraw a petition shall be in 
 writing and signed by the petitioners or their agent. 
 
 It shall state the ground on which the application is intended to be supported. 
 
 The following form shall be sufficient : — 
 
 Corrupt Practices (Municipal Elections) Act, 1872. 
 Borough of Petition of \_state petitioners] presented 
 
 day of 
 The petitioner proposes to apply to withdraw his petition upon tho 
 following ground {here state the fjroiind], and prays that a day may be 
 appointed for hearing his application. 
 
 Dated this day of 
 
 (Signed) 
 
 46. The notice of application for leave to withdraw shall beleft at the Master's 
 
 office- . , J, , 
 
 47. A copy of such notice of the intention of the petitioner to apply for leave 
 to withdraw his petition shall be given by the petitioner to the res|iondent, and 
 to the town clerk, who shall make it public in the borough to wliich it relates, 
 and shall be forthwith published by the petitioner in at least one newspaper 
 circulating in the place. 
 
 The following may be the form of such notice : — 
 
 Corrupt Practices (Municipal Elections) Act, 1872. 
 
 In the Election Petition for in which ia 
 
 petitioner and respondent. 
 
 Notice is hereby given, that the above petitioner has on the 
 day of lodged at the Master's office notice of an application to 
 
 withdraw the petition, of which notice the following is a copy {set it out].
 
 APPENDIX. 221 
 
 And take notice that by the rule made by the judges, anj' person -who 
 might have been a petitioner in respect of the said election may, within five 
 days after publication by the town clerk of tliis notice, give notice in writ- 
 invc of his intention on the hearing to apply for leave to be substituted as a 
 petitioner. 
 
 (Signed) 
 
 48. Any person who might have been a petitioner in respect of the election to 
 which the petition relates, may, within five days after such notice is published 
 by the returning officer, give notice, in writing, signed by him or on his behalf, 
 to the Master of his intention to apply at the hearing to bo substituted for the 
 petitioner, but the want of such notice shall not defeat such ajpplication, if in 
 fact made at the hearing. 
 
 49. The time and place for hearing the application shall be fixed by a judge, 
 and whether before the Court of Common Pleas, or before a judye, as he may 
 deem advisable, but shall not be less than a week after the notice of the intention 
 to apply has been given to the INIaster as hereinbetore provided, and notice of 
 the time and place appointed for the hearing shall be given to such person or 
 persons, if any, as shall have given notice to the Master of an intention to apply 
 to be substituted as petitioners, and otherwise in such manner and at such time 
 as the judge directs. 
 
 50. Notice of abatement of a petition, by death of the petitioner or surviving 
 petitioner, under section 17, subsection 5, of the said Act, shall be given bj' the 
 party or person interested in the same manner as a notice of an application to 
 withdraw a petition, and the time within which application may be made to the 
 Court of Common Pleas or a judge at chambers, by motion or summons at 
 chambers, to be substituted as a petitioner, shall be one calendar month, or such 
 further time as upon consideration of any special circumstances the Court of 
 Common Pleas or a judge at chambers may allow. 
 
 5 1 . If the respondent dies, any person entitled to be a petitioner under the 
 Act in respect oi the election to which the petition relates, may give notice of 
 the fact in the borough by causing such notice to be published in at least one 
 newspaper circulating therein, if any, and by leaving a copy of such notice 
 signed by him or on his behalf with the town clerk, and a like copy with the 
 Master. 
 
 52. The manner and time of the respondent's giving notice that he does not 
 intend to oppose the petition, shall be by leaving notice thereof in writing at 
 the office of the Master signed by the respondents six days before the day 
 appointed for trial exclusive of the day of leaving such notice. 
 
 63. Upon such notice being left at the Master's office, the Master shall forth- 
 with send a copy thereof by the post to the petitioner or his agent, and to the 
 town clerk, who shall cause the same to be published in the borough. 
 
 54. 'J'he time for applying to be admitted as a respondent in either of the 
 events mentioned in the ISth section of the Act shall be within ten days after 
 such notice is given as hereinbefore directed, or such further time as the Court 
 of Common Pleas or a judge at chambers may allow. 
 
 55. Costs shall be taxed by the Master, or at his request by any Master 
 of a superior court, upon the rule of court or judge's order by which the 
 costs are payable, and costs when taxed may be recovered by execution issued 
 upon the rule of a court ordering them to be paid ; or, if payable by the 
 order of a judge, then by making such order a rule of court in the ordinary 
 way and issuing execution upon such rule against the person by whom the 
 costs are ordered to be paid, or in case there be money in the bank avail- 
 able for the purpose, then to the extent of such money by order of the chii^f 
 justice of the Common Pleas for the time being, upon a duplicate of the 
 rule of court. 
 
 The office fees payable for inspection, office copies, enrolment, and other 
 proceedings under the Act and these rules, shall be the same as those pay- 
 able, if any, for the like proceedings according to the present practice of 
 the Court of Common Pleas. 
 
 66. An agent employed for the petitioner or respondent shall forthwith 
 leave written notice at the office of the Master, of his appointment to act as 
 Buch agent, and service of notices and proceedings upon such agent shall be 
 Bulficient f < r all purposes.
 
 222 THE EXG L I SB MUXICIPA L CODE. 
 
 57. No proceedings umier the Corrupt Practices (Municipal Electioos) Act, 
 1872, shall be dofeated by any formal objection. 
 
 53. Any rule made or to be made in pursuance of the Act, if made iu term 
 time shall bo published by being read by the Master in the Court of 
 Common Pleas, and if made out of term by a copy thereof being put up at 
 Master's office. 
 
 Dat*d the 20th day of November, 1872. 
 
 COLIN BLACKBURN, 
 
 H. S. KEATING, 
 
 A. CLEASBY, 
 
 The Jiidges for the time being on the Rota for the 
 trial of Election Petitions under the provisions of the 
 Parliamentary Elections Act, 1868. 
 
 ADDITIONAL GENERAL RULES 
 
 For the effectual execution of "TTie Corrupt Practices (Municipal Elections) 
 
 Act, 1872." made by 
 
 The Honble. Sir Colin Blackburn, Knight, one of the Justices of the Queen's 
 
 Bench. 
 The Honble. Sir Henry Singer Keating, Knight, one of the Justices of the 
 
 Common Picas, and 
 The Honble. Sir Anthony Cleasby, Knight, one of the Barons of the 
 Exchequer. 
 
 The Judges for the time being on the Rota for the trial of Election 
 Petitions in England pursuant to the Parliamentary Elections Act, 
 1868. 
 
 1. All claims at law or in equity to money deposited or to be deposited in 
 the Bank of England for payment of costs, charges, and expenses payable by 
 the petitioners pursuant to the 16th General Rule, made the 20th day of 
 November, 1872, by the judges for the trial of election petitions in England, 
 shall be disposed of by the Couit of Common Picas or a judge at chambers. 
 
 2. Money so deposited shall, if, and -when the same is no longer needed for 
 securing paj-ment of such costs, charges, and expenses, be returned or other- 
 •wise disposed of as justice may require, by rule of the Court of Common 
 Pleas or order of a judge at chambers. 
 
 3. Such rule or order may be made after such notice of intention to apply, 
 and proof that all just claims have been satisfied or otherwise sufficiently 
 provided for, as the Court of Common Pleas or judge at chambers miy require. 
 
 4. The rule or order may direct payment either to the partj^ in whose name 
 the same is deposited, or to anj' person entitled to receive the same. 
 
 0. Upon such rule or order being made, the amount may be drawn for by the 
 Chief Justice of the Common Pleas for the time being. 
 
 6. The draft of the Chief Justice of the Common Pleas for the time being 
 Bhall in all cases be a sufficient warrant to the Bank of England for all payments 
 made thereunder. 
 
 7. The barrister engaged may appoint a proper person to act as crier and 
 officer of the court. 
 
 8. The shorthand writer to attend at the trial of a petition shall be the 
 shorthand writer to the House of Commons for the time being or his deputy, 
 and the Master shall send a copy of the notice of trial to the said shorthand 
 writer to the House of Commons. 
 
 COLIN BLACKBURN, 
 
 H. S. KEATING, 
 A. CLEASBY, 
 
 Judges for the time being on the Rota for the trial of Election 
 Petitions in England, pursuant to the Parliamentary Elections Act, 
 1868. 
 
 Dated the 10th day of December, 1872.
 
 ArrEXBix. -z^s 
 
 ADDITIONAL GENERAL RULE;:? 
 
 MADE ]!Y 
 
 THE JUDGES FOR THE TIME BEING FOR THE TRIAL 
 
 OF ELECTION PETITIONS IN ENGLAND FOR THE MORE 
 
 EFFECTUAL EXECUTION OF "THE CORRUPT PRACTICES 
 
 (MUNICIPAL ELECTIONS) ACT, 1872." 
 
 1. A copy of every order (other than an order giving further time for 
 delivering particulars, or for costs only), or, if the Master shall so direct, the 
 order itself or a duplicate thereof, also a copy of every particular delivered, 
 shall be forthwith liled with the Master, and the same shall be produced at 
 the trial by the registrar, stamped with the official seal. Such order and 
 particular respectively shall be filed by the party obtaining the same. 
 
 2. The petitioner or his agent shall, immediately after notice of the presenta- 
 tion of a petition and of the nature of the proposed security shall have been 
 served, file with the Master an affidavit of the time and manner of service 
 thereof. 
 
 3. The days mentioned in rules 7 and 8, and in any rule of court or judge's 
 order, whereby particulars are ordered to be delivered, or any act is directed to 
 be done, so many days before the day appointed for trial, shall be reckoned 
 exclusively of the day of delivery, or of doing the act ordered and the day 
 appointed for trial, and exclusively also of Sunday, Christmas Day, Good 
 Friday, and any day set apart for a public fast or public thanksgiving. 
 
 4. "WTien the last day for presenting petitions, or filing lists of votes or 
 objections, under rules 7 and 8, or recognisances, or any other matter required 
 to be filed within a given time, shall happen to fall on a holiday, the petition 
 or other matter shall be deem- d duly filed if put into the letter box at the 
 Master's office at any time during such day ; but an affidavit, stating with 
 reasonable precision the time when such deliveiy was made, shall be filed on 
 the first day after the expiration of the holidays. 
 
 5. Rule 40 is hereby revoked, and in lieu thereof it is ordered that the amount 
 to be paid to any witness whose expenses shall be allowed by the barrister 
 trying the petition shall be ascertained and certified by the registrar ; or in the 
 event of his becoming incapacitated from giving such certificate, by the 
 barrister. 
 
 6. After receiving notice of the petitioner's intention to apply for leave to 
 withdraw, or of the reeijondent's intention not to oppose, or of the abatement 
 of the petition by death, or of the happening of any of the events mentioned 
 lathe 18th section of the Act, if such notice be received after notice of trial 
 shall have been given, and before the trial has commenced, the Master shall 
 forthwith countermand the notice of trial. The countermand shall be given in 
 the same manner, as near as may be, as the notice of trial. 
 
 7. If all the respondents shall give notice of their intention not to oppose the 
 petition, and no other person shall be admitted as a respondent, the Court of 
 Common Pleas or a judge may either declare the election void or direct the 
 trial to proceed. Notice of such order shall be forthwith given by the Master 
 to the town clerk, and if the election be declared void the office shall be deemed 
 to be vacant from the first day (not being a dies noa) after the date of such 
 order. 
 
 The Court or Judge may also make such order as to costs as may be just. 
 
 Dated the 27th day of January, 1875. 
 
 G. PIGOTT, 
 
 ROBT. LUSH. 
 
 GEORGE E. HONTMAN, 
 
 Judges for the time being on the Rota for the 
 trial of Election Petitions in England.
 
 221 THE EXGLISE MUXICIPAL CODE. 
 
 GENERAL RULES 
 
 rou THE 
 
 EFFECTUAL EXECUTION OF PART JV. OF THE MUNICIPAL 
 CORPORATIONS ACT, 18S2, MADE BY THE JUDGES FOR THE 
 TIME PEING ON TOE ROTA FOR THE TRIAL OF PARLIA- 
 MENTARY ELECTION PETITIONS. 
 
 {See Sections 11 to 104 and pa'jcs 83 to 102. ) 
 
 1. Tho presentation of a municipal election petition- shall be ma-^e by 
 Icavinj? it at the office of the master for tho time being nominated a3 
 prescrFbed officer, under the Parliamentary Elections Act, 1SG8, and such 
 master or his clerk shall (if required) give a receipt which may bo iu the 
 following form : 
 
 Eeceipt roK Deposit of Petition at the Master's Officb. 
 
 Received on the day of at the Master's office, a petition 
 
 touching the election of A.B., alderman, councillor [&c., as the case maij bc']^ 
 for the borough of , purporting to be signed by [insert the names of 
 
 petitionersl. 
 
 -" CD., Master's Clerk. 
 
 jSfoTE. — TFith the petition must also be left a copy of it for the Master to 
 
 send to the town clerk, pursuant to sect. 88, sub-sect. (3) of the Man. Cor. Act, 
 
 1882. 
 
 2. A municipal election petition shall contain tho following statements : _ 
 
 (1.) It shall state the right of the petitioner or petitioners to petition 
 within sect. 88, sub-sect. (1) of the Act. 
 
 (2.) It shall state the holding and result of tlie election, and shall briefly 
 state the facts and grounds relied on to sustain the prayer. 
 
 3. The petition shall be divided into paragraphs, each of which, as nearly as 
 m-iy bo, shall bo confined to a distinct portion of the subject, and every 
 paragraph shall bo numbered consecutively, and no costs sh;ill be allowed of 
 drawing or copying any petition not substantially in compliance with this 
 rule, unless otherwise ordered by the High Court or a judge thereof. 
 
 4. The petition shall conclude with a prayer, as for instance, that some 
 specified person should be declared duly returned or elected, or that theelrctioa 
 should be declared void, or that a return may be enforced (as the case may be), 
 and shall be signed bv all the petitioners. 
 
 5. The following form, or one of the like effect, shall be sufficient. 
 
 Election Petitiox. 
 
 In the High Court of Justice, Tho Municipal Corporation 
 
 Act, 1882. 
 
 Election for [state the place and office for which election held] holden on the 
 
 day of A.D. 
 
 The petition of ^. of [or of A. of , and B. of as (he- 
 
 case may be\ whose names are subscribed.
 
 APPENDIX. 225 
 
 1. Your petitioner ^. is a person who voted \_or had a right to vote, 
 as the case may be,] at the above election [or -was a candidate at the above 
 election] ; and your petitioner B. [kere state in like manner the ri'jht of each 
 petitioner]. 
 
 2. And your petitioners state that the election was holden on the 
 
 day of A.u. , when A.B., CD., and E.F. were candidates 
 
 and that A.B. and CD. have been in the usual manner declared to be duly 
 elected. 
 
 3. And your petitioners say that \Jiere state the fads and grounds on which the 
 petitioners rely]. 
 
 "Wherefore your petitioners pray that it may be determined that the said 
 A B. was not duly elected, and that the election was void [or that the said 
 E.F. was duly elected and ought to h'lve been returned, as the case may be], 
 
 (Signed) 
 
 A. 
 B, 
 
 6. Evidence need not be stated in the petition, but the High Court or a judge 
 thereof may order such particulars as may be necessary to prevent surpritse 
 and unnecessary expinse, and to insure a fair and effectuil trial in the same 
 way as in ordinary proceed'ngs in the said High Court, and upon such terms 
 as to costs and otherwise as may he ordered. 
 
 7. When a petitioner claims the office for an unsuccessful candidate, alleging 
 that he had a majority of lawful votes, the party complaining of or defending 
 the election shall, six days before the dny appointed for trial deliver to the 
 master and also at the address, if any givi n by the petitioners and respondent, 
 as the case may be, a list of the votes intended to be objected to, and the 
 heads of objection to each such vote, and the master shall allow insp'^ction and 
 olficc copies of such lists to all parties concerned ; and no evidence shall bo 
 given against the validity of any vote, nor upon any head of objection not 
 specified in the list, except by leave of the High Court or a judge tliereof, 
 upon such terms as to amendment of the list, postponement of the inquiry, and 
 payment of costs, as may be ordered. 
 
 8. "When the respondent in a petition under the Act complaining of an undue 
 election, and claiming the office fur some person, intends to give evidence to 
 prove that the election of such person was undue, pursumt to the 93rd section 
 of the Act, sub-sect. 10, such respondent shall, six days before the day 
 appointed for trial, deliver to the master, and also at the address, if atiy, given 
 by the petitioner, a list of the objections to the election upon which ho intends* 
 to rely, and the master shall allow inspection and office copies of such list to 
 all parties concerned ; and no evidence shall be given by a respondent of any 
 objection to the election not specified in the list, except by leave of the High 
 Court or a judge thereof, upon such terms as to amendment of the list, post- 
 ponement of the inquiry, and payment of costs, as may be ordered. 
 
 9. AVith the petition the petitioner or petitioners shall leave at the office 
 of the master a writing, signed by him or them, or on his or their beh ilf , 
 giving the name of some person entitled to practise as a solicitor in the High 
 Court of Justice, whom he or they authorise to act as his or their agent, or 
 stating that he or they act for himself or themselves, as the case may be, and 
 in either ca^-e givin^^ an address within three miles from the General Post 
 Office, at which notices addressed to him or them may be left ; and if no such 
 writings he left or address given, then notice of objection to the recognisances, 
 and all (jther notices and proceedings may be given by sticking up the same at 
 the master's liffi'.'e. 
 
 10. Any person elected to any municipal office may at any time after he is 
 elected send to or leave at the office of the master a writing, signed by bim or 
 on his behalf, appointing a person entitled to practice as a solicitor in the 
 High Court of Justice, to act as his agent in case there should be a petition 
 against him, or stating that he intends to act for himself, and in either case 
 giving an address within three miles from the General Post Offio? at which 
 notices may be left, and in default of such writing being left in a week after 
 service of the petition, notices and proceedings may be given and served 
 respectively by sticking up the same at the master's office. 
 
 11. The master shall keep a book or books at his office in which he shall 
 
 15
 
 226 THE ENGLISH MUXICIPAL COLE. 
 
 enter all addresses and the names of agents given under either of the preceding 
 rules, which book shall be open to inspection by any person during office 
 hours. 
 
 12. The master shall, upon the presentation of the petition, forthwith send 
 a copy of the petition to the town clerk, pursuant to sect. 88 of the Act, sub-sect. 
 (3), and shall therewith send the name of the petitioner's agent, it' any, and the 
 address, if any, given as prescribe 1, and hIso the nam" of the respondent's 
 agent, and the; address if any, given as prescribed, and the town clerk shall 
 forthwith publish those particulars along with the petition. 
 
 The cost of publication of this and any other matter required to be published 
 by the town clerk shall be paid by tlie petitioner or person moving in the 
 matter, and shall form part of the general costs of the petition. 
 
 13. The time for giving notice of the presentation of a petition and of the 
 nature of the proposed security, shall be five days, exclusive of the day of 
 presentation. 
 
 14. "Where the respondent has named an agent or given an address the 
 service of a municipal tle(:tion petition may be by dcliv< ry of it to the agent, 
 or by posting it in a registered letter to the address given at such time that, 
 in the ordinary course of post, it would be delivered within the pn scribed 
 time. 
 
 In other cases the service must be personal on the respondent, unless a judge 
 of the High f'onrt, on an application made to him not later than five days 
 after the petit 'on is presented on affidavit, showing what has been done, shall 
 be satisfied that all reasonable cflfbrt has been made to effect personal service 
 and cause the matter to come to the knowledge of the respondent, in which 
 case the judge may order that what has been done sliall be considered 
 sufficient service, subject to such conditions as he may think reasonable. An 
 agent employed for the petitioner or respondent shall forthwith leave written 
 notice at the office of the master of his appointment to act as such agent, 
 and service of notices and proceedings upon such ageut shall be sufficient for 
 all purposes. 
 
 15. In the case of evasion of service the sticking up a notice in the office 
 of the master of the x>etition having been presented, stating the petitioner, the 
 prayer, and the nature of the proposed security, shall be deemed equivalent 
 to personal service if so ordered by a judge. 
 
 16. The deposit of money by way of security for payment of costs, charges, 
 and expenses payable by the petitioner, shall be made by payment into the 
 Bank of England to an account to be opened there by the description of 
 •'The Municipal Corporations Act, 1882, Security Fund," which shall be 
 vested in and drawn upon from time to time by the Lord Chief Justice of 
 England for the time being, for tho purposes for which security is required 
 by the said Act, and a bank receipt or certificate for the same shall be forth- 
 with left at the master's office. 
 
 17. Tho master shall file such receipt or certificate, and keep a book open 
 to inspection of all parties concerned, in which shall be entered from time to 
 time the amount and the petiticm to which it is applicable. 
 
 18. All claims at law or in equitj' to money so deposited or to be deposited 
 in the Bank of England shall be disposed of by the High Court of Justice or 
 a judge thereof. 
 
 19. Money so deposited shall, if, and when the same is no longer needed 
 for securing payment of such costs, charges, and expenses, be returned or 
 otherwise disposed of as justice may require, by rule of tho High Court, or 
 order of a j udge thereof. 
 
 20. Such rule or order may be made after such notice of intention to apply, 
 and proof that all just claims have been satisfied or otherwise sufficiently 
 provided for, as the court or judge may require. 
 
 21. Tho rule or order may direct payment either to the party in whose name 
 the flame is deposited, or to any person entitled to receive the same. 
 
 22. Upon such rule or order being made, the amount may be drawn for by 
 the Lord Chief Justice of England for the time being. 
 
 23. The draft of the Lord Chief Justice of England for the time being 
 shall in all cases bo a sufficient warrant to the Bank of England for aU pay- 
 ments made thereunder. 
 
 ^. The recognisance as aeouxity for coets may be acknowledged before a
 
 APPENDIX. . 227 
 
 judge of the High Court or the master in town, or a justice of the peace in 
 the country. 
 
 There may he one recognisance acknowledged by all the sureties, or separate 
 recognisances hy one or more, as may be convenient. 
 
 25. The recognisance shall contain the name and usual place of abode of 
 each surety, with such sufficient description as shall enable him to be found 
 or ascertained, and may be as follows : 
 
 Eecognisance as Security tor Costs on an Election Petition. 
 
 Be it remembered that on the day of , in the year of our 
 
 Lord 18 , before me \_Hame and description'] came A.B., of \_)iame and descrip- 
 tion as above prescribed] and acknowledged himself [or severally acknowledged 
 themselves] to owe to our Sovereign Lady the Queen the sum of five hundred 
 pounds [or the following sums], (that is to say) the said CD. the sum of 
 I., the said E.F. the sum of I, the said Q.H. the sum of 
 
 /., and the said J.K., the sum of /., to be levied on his [or 
 
 their respective] goods and chattels, lands and tenements, to the use of our 
 said Sovereign Lady the Queen, her heirs and successors. 
 
 The condition of this recognisance is that if [here insert the names of all the 
 petitioners, and if more than one, add, or any of them] shall well and truly pay 
 all costs, charges, and expenses in respect of the election petition signed by 
 him [or them] relating to the [Jicre insert the name of the borouc/h] which shall 
 become payable by the petitioner [or petitioners, or any of them] under the 
 Municipal CorporatioiiS Act, 1882, to any person or persons, then ttiis recogni- 
 sance to be void, otherwise to stand in full force. 
 
 (Signed) [Signature of sureties.] 
 Taken and acknowledged by the above-named [name of sureties] on the 
 at , before me. 
 
 CD., 
 A Justice of the Peace [or, as the case may be"]. 
 
 26. The recognisance or recognisances shall be left at the master's office, 
 by or on behalt of the petitioner in like mtnner as before prescribed for the 
 leaving of a petition forthwith after beinu: acknowledged. 
 
 The security may (unless the High Court or a jud-e thereof shall other- 
 wise order on summons), be given to any amount not less than 300/. ; but the 
 High Court or a judge thereof may, on summons taken out within five days, 
 from the service of the notice of the nature and amount of the security, 
 order that the same shall be increased within a time to be fixed in the order 
 by further security to be given in the manner directed by the Act, for a 
 further amount, not exceeding with the amount for which security shall have 
 been already given 500/. And in default of compliance with such order, no 
 further proceedings shall be had on the petition. 
 
 27. The time for giving notice of any objection to a recognisance under 
 the 89th section of the Act, sub-sect. (4), shall be within five days from the 
 date of service of the notice of the petition and of the nature of the 
 security, exclusive of the day of service, or in case of further security 
 within five days after service of notice of the nature thereof, exclusive of the 
 day of such service. 
 
 28. An objection to the recognisance must state the ground or grounds 
 thereof, as that the sureties, or any and which of them, are insufficient, or 
 that a surety is dead, or that he cannot be found, or that a person named in 
 the x'ecognisance has not duly acknowledged the same. 
 
 29. Any objection made to the security shall be heard and decided by the 
 master, subject to appeal within five days to a judge, upon summons taken 
 out by either party to decLtre the security sufficient or insufficient. 
 
 30. Such hearing and decision may be either up m affidavit or personal 
 examination of witnesses, or b 'th, as the master or julge may think fit. 
 
 31. If an olijection be allowed and the security be diCiared insufficient, the 
 master or jud e shall in his order state what amount he deems re.^uisite to 
 make the security sufficient, and the further prescribed time to remove the 
 objection by deposit shaU be within five days from the date of the order, not
 
 228 • TEE EX6LISH MUXICIPAL CODE. 
 
 including the day of the date, and such deposit shall he made in the manner 
 already prcscrihod. 
 
 32. The costs of hearing and deciding the ohjections made to tlio security 
 given shall ha paid as ordered by the master or judge, and in default of such 
 order shall form part of the general costs of the petition. 
 
 33. 'J'ho costs of hearing and deciding an objection upon the ground of 
 insufficiencv of a surety or sureties, shall be paid by the p(;titioner, and a 
 clause to that etl'eet shall be inserted in tho order declaring its sudicierjcy or 
 insufliciency, unless at the time of leaving the rcc(»gnisance with the master 
 thfje be also left -n-iih tho master an ailidavit of the sufficiency of the surety 
 or sureties sworn by each surety before a justice of the peace, which affidavit 
 any justice of the peace is hereby authorised to take, or before some person 
 authorised to take affidavits in the High Court of Justice that he is seised 
 or possessed of real or personal estate, or both, above what will satisfy his 
 debts, of the clear value of tho sum for which he is hound by his recog- 
 nisance, which affidavit may be as follows : 
 
 Affidavit of Sufficiency of the Surety named in the Hecognisance. 
 
 In the High Court of Justice. 
 
 Municipal Corporations Act, 1882. 
 I., A-£., of [as in recognisance'] make oath and say that I am seised or pos- 
 sessed of real [or personal] estate above what will satisfy my debts, of tho clear 
 value of I. 
 
 Sworn, ^-(7. 
 
 34. The order of the master for payment of costs shall have the same force 
 as an order made by a judge, and may he enforced in like manner as a 
 judge's order in an ordirary proceedinir in the High Court of Justice. 
 
 35. A copy of every order (other than an order giving further time for 
 delivering particulars, or for costs only), or, if the master shall so dii-ect, the 
 order itself or a dupli(!ate thereof, also a copy of every particular delivered, 
 shall be forthwith filed with the master, and the same shall be produced at 
 the trial by tho registrar, stamped with the official seal. Such order shall 
 be filed by the party obtaining the same, and such particular by the party 
 delivering the same. 
 
 36. The petitioner or his agent shall, immediately after notice of the 
 presentation of a petition and of the nature of the proposed security shall 
 have been served, file with the master an atfidavit of the time and manner of 
 service thereof. 
 
 37. The days mentioned in rules 7 and 8, and in any rule of court or 
 judge's order, whereby particulars are ordered to be delivered, or any act is 
 directed to he done, so many days before the day appointed for trial, shall 
 be reckoned exclusively of the day of delivery, or of doing the act ordered 
 and the day appointed for trial, and exclusively also of Suaday, Christmas 
 Day, Good Friday, and any day set apart for a public fast or public 
 thanksgiving. 
 
 38. When the last day for presenting petitions, or filing lists of votes or 
 objedions, under rules 7 and 8, or recognisances, or any other matter 
 required to be filed within a given time, shall happen to fall on a holiday, the 
 petition or other matter shall be deemed duly filed if put into tho letter box 
 at tho master's office at anytime during such day; but an affidavit, stating 
 with reasonable precision the time when such delivery was made, shall be 
 filed on the first day after the expiration of the holidays. 
 
 30. The master shall make out the municipal election list. In it he shall 
 insert tho names of the agents of the petitioners and respondents, and the 
 addresses to which notices may be sent, if any. The list may be inspected 
 at the master's office at any time during office hours, and shall be put up for 
 that purpose upon a notice board appropriated to proceedings under the said 
 Act, and headed " Municipal Election List." 
 
 40. The time of tho trial of each municipal election petition shall be fixed 
 by the election judges on the rota or any one of them, who shall signify the 
 same to the master, and notice thereof shall be given in writing by the
 
 APPENDIX. 229 
 
 master by sticking notice up in his oflSce, sending one copy by post to the 
 address given by the petitioner, another to the address given by the 
 respondent, if any, and a copy by the post to the town clerk of the borough 
 to which the petition relates, fifteen days before the day appointed for the 
 trial. 
 
 The town clerk shall forthwith publish the same in the borough. 
 
 41. The sticking up of the notice of trial at the office of the master shall 
 be deemed and taken to be notice in the prescribed manner within the 
 meaning of the Act, and such notice shall not be vitiated by any miscarriage 
 of or relating to the copy or copies thereof to be sent as already directed. 
 
 42. The notice of trial may be in the following Form : 
 
 Notice of Trial of Election Petition. 
 
 ilunicipal Corporations Act, 1882. 
 Election petition of 
 
 Borough of 
 Take notice that the above petition [or petitions] will be tried at 
 on the day of and on such other subsequent days as may be 
 
 needful. 
 
 Dated the day of 
 
 Signed, bv order, 
 A.B., 
 The Master appointed under the above Act. 
 
 43. A judge may from time to time, by order made upon the application 
 of a party to the petition, or by notice in such form as the judge may direct 
 to be sent to the town clerk, postpone the beginning of the trial to such day 
 as he may name, and such notice when received shall be forthwith made public 
 by the town clerk. * 
 
 44. In the event of the barrister to whom the trial of the petition is assigned 
 not having arrived at the time appointed for the trial, or to which the trial 
 is postponed, the commencement of the trial shall ipso facto stand adjourned 
 to the ensuing day, and so from day to day. 
 
 45. No formal adjournment of the court for the trial of a municipal election 
 petition shall be necessary, but the trial is to be deemed adjourned, and may 
 be continued from day to day until the enquiry is concluded. 
 
 46. After receiving notice of th? petitioner's intention to apply for leave to 
 withdraw^, or of the respondent's intention not to oppose, or of the abatement 
 of the petition by death, or of the happening of any of the events mentioned 
 in the 97th section of the Act, if such notice be received after notice of trial 
 shall have been given, and before the trial has commenced, the master shall 
 forthwith countermand the notice of trial. The countermand shall be given 
 in the same manner, as near as may be, as tho notice of trial. 
 
 47. If all the respondents shall give notice of their intention not to oppose 
 the petition, and no other person shall be admitted as a respondent, the High 
 Court of Justice, or a judge, may either declare the election void or direct the 
 trial to proceed. Notice of such order shall be forthwith given by the master 
 to the town clerk, and if the election be declared void the office shall be deemed 
 to bo vacant from the first day (not being a dies non) after the date of such 
 order. 
 
 The court or judge may also make such order as to costs as may be just. 
 
 48. The application to state a special case may be made by motion in the 
 High Court of Justice, or by a summons before a judge thereof. 
 
 49. The title of the court held for the trial of a municipal election petition 
 may bo as f uUows : 
 
 Title of the Court held for the Trial of a Municipal Election 
 
 Petition, 
 
 " Court for the trial of a municipal election petition for the borough of [or 
 a* «2ay ie] between petitioner and respondent." 
 
 N OTE. — II will be sufficient bo to entitle all proceedings in the court.
 
 230 THE ENGLISH MUXICIPAL CODE. 
 
 50. An officer shall be appointed for each court for the trial of a municipal 
 election petition by the election judges, at the time that they assign the 
 petition to the barrister ; such officer shall attend at the trial in like manner as 
 the clerks ot assize and of arraigns attend at the assizes. 
 
 Such officer may be called the registrar of that court. Ho, by himself, or 
 in case of need, his sufficient deputy, shall perform all the functions incident 
 to the officer of a court of record, and also such duties as may be prescribed 
 to him. 
 
 61. The commissioner may appoint a proper person to act as crier and officer 
 of the court. 
 
 52. The shorthand writer to attend at the trial of a petition shall be the 
 shorthand writer to the House of Commons for the time being or his deputy, 
 and the master shall send a copy of the notice of trial to the said shorthand 
 writer to the House of Commons. 
 
 53. The amount to be paid to any witness whose expenses shall be allowed 
 by the commissioner trying the petition shall be ascertained and certified by 
 the registrar ; or in the event of his becoming incapacitated from giving such 
 certificate, by the commissioner. 
 
 54. The order of the court to compel the attendance of a person as a witness 
 may be in the following form : 
 
 Okdee of the Couet to compel Attendaxce of a Witness ox the Trial 
 
 OF AN Election Petition. 
 
 Court for the trial of a municipal election petition for [complete the title of 
 the cot(rt'\, the day of 
 
 To A.B. [describe the person']. You are hereby required to attend before the 
 above court at [place^ on day of at the hour of [or forthvith, 
 
 as the case may he], to be examined as a witness in the matter of the said 
 petition, and to attend the said court until j'our examination shall have been 
 completed. 
 
 As witness my hand, A.B., 
 The Commissioner to whom the trial of the said 
 petition is assigned. 
 
 55 In the event of its being necessary to commit any person for contempt 
 the warrant may be as follows : 
 
 Warrant of Commitment of a Person for Contempt of Court on the 
 Trial of an Election Petition. 
 
 At a court holden on , at for the trial of a municipal 
 
 election petition for the borough of , before A.B., one of 
 
 the barristers appointed for the trial of municipal election petitions, 
 
 pursuant to the 5lunicipal Corporations Act, 1S82. 
 
 "Whereas C.I), has this day been guilty, and is by the said court adjudged 
 
 to be guilty of a contempt thereof. The said court does therefore sentence 
 
 the said CI), for his said contempt to be imprisoned in the gaol for 
 
 calendar months [or as may be'] and to pay to our Lady the Queen a 
 
 fine of I., and to be further imprisoned in the t-aid gaol until the said 
 
 fine be paid, and the court further orders that the shcrifl" of the borough [if 
 
 any or as the case may be], and all constables and officers of the peace of any 
 
 county, borough, or place where the said CD. may be found, shall take the 
 
 said CD. into custody and convey him to the said gaol, and there deliver him 
 
 into the custody of the gaoler thereof, to undergo his said sentence ; and the 
 
 court further orders the said gaoler to receive the said CD. into his custody, 
 
 and that ho shall be detained in the said gaol in pursuance of the said sentence. 
 
 A.B. 
 Signed the day of 
 
 A.B. 
 
 56. Such warrant may be made out and directed to the sheriff or other person 
 having the execution of process of the High Court as the case may be, and to
 
 APPENDIX. 231 
 
 all constables and officers of the peace of the county, borough, or place where 
 the person adjudged guilty of contempt may be found, and such warrant shall 
 be sufficient without further particularity, and shall and may be executed by 
 the persons to whom it is directed or any or either of them. 
 
 57. All intorloeutory questions and matters, except as to the sufficiency of 
 the security, shall be heard and disposed of before a judge, who shall have the 
 same control over the proceedings under the ilunicipal Corporations Act, 1882, 
 as a judge in the ordinary proceedings of the lli^h Court, and such questions 
 and matters shall be heard and disposed of by any judge of the High Court. 
 
 58. Notice of an application for leave to withdraw a petition shall be in 
 writing and signed by the petitioners or their agent. 
 
 It shall state the ground on which the application is intended to be 
 supported. 
 
 The following form shall be sufficient : 
 
 Notice or Application for Leave to "Withdraw a Petition. 
 
 Municipal Corporations Act, 1882. 
 
 Borough of . Petition of \_state petiiioners] presented 
 
 day of 
 The petitioner proposes to apply to withdraw his petition upon the 
 following ground [here state the grotincl] and prays that a date may be 
 appointed for hearing his application. 
 Dated this day of 
 
 (Signed) 
 
 59. The notice of application for leave to withdraw shall be left at the 
 master's office. 
 
 60. A copy of such notice of the intention of the petitioner to apply for 
 leave to withdraw his petition shall be given liy the petitiorer to the 
 respondent, and to the town clerk, who shall cause the same to be published in 
 the borough to w^hich it relates. 
 
 The following may be the form of such notice : 
 
 Notice of Application for Leave to Withdraw a Petition, to be 
 Published by the Town Clerk. 
 
 llunicipal Corporations Act, 1882. 
 
 In the election petition for in which is petitioner and 
 
 respondent. 
 Notice is hereby given that the above petitioner has on the day of 
 
 lodged at the Master's office notice of an application to withdraw the 
 petition, of which notice the following is a copy \_set it out'\. 
 
 And take notice that by the rule made by the judges, any person who might 
 have been a petitioner in respect of the said election may, within five days 
 after publication by the town clerk of this notice, give notice in writing of 
 his intention on the hearing to apply for leave to be substituted as a 
 petitioner. 
 
 (Signed) 
 
 61. Any person who might have been a petitioner in respect of the election 
 to which the petition relates, may, within five days after such notice is 
 published by the returning officer, give notice, in writing, signed by him or 
 on his behalf, to the master of his intention to apply at the hearing to be 
 substituted for the petitioner, but the want of such notice shall not defeat such 
 application, if in fact made at the hearing. 
 
 62. The time and j^laee for hearing the application shall be fixed by a judge, 
 and whether before the High Court, or before a judge, as he may deem 
 advisable, but shall not be less than a week after the notice of the intention to 
 apply has been given to the master as hereinbefore provided, and notice of the 
 time and place appointed for the hearing shall be given to such person or 
 persons, if any, as shall have given notice to the master of an intention to
 
 232 THE EyQLISH MUNICIPAL CODE. 
 
 apply to bo substituted as petitioners, and otherwise in such manner and at 
 Buch time as the court or judpc directs. 
 
 63. Notice of abatement of a petition, by death of the petitioner or surviving 
 petitioner, under sect. 96, sub-sect. 1, of the .said Act, shall be given by the 
 party or person interest( d in the same manner as a notice of an application to 
 withdraw a petition, and the time within which application may be made to 
 the Hipii Court, or a judge thereof, by motion or summons at chambers, to bo 
 substituted as a petitioner, shall be one calendar month, or such further time 
 as upon consideration of any special circumstances the High Court or a judge 
 thereof may allow. 
 
 64. If tho respondent dies, any person entitled to he a petitioner under the 
 Act in respect of the election to which the petition relates, may give notice 
 of the fact in the borough by causing such notice to be published in at least 
 one newspaper circulating therein, it any, and by leaving a copy of such 
 notice signed by him or on his behalf with the town clerk, and a like copy 
 with the master. 
 
 65. The manner of the respondent's giving notice that he does not intend to 
 oppose the petition shall be by leaving notice thereof in writing at the otHce of 
 the master signed by tho respondent. 
 
 66. Upon such notice being left at the master's office, the master shall 
 forthwith send a copy thereof by the post to the petitioner or his agent, and to 
 tho town clerk, who shall cause the same to be published in the borough. 
 
 67. The time for applying to be admitted as a respondent in either of the 
 events mentioned in tho 97th section of the Act shall b-; within ten days after 
 such notice is given as hereinbefore directed, or such further time as the High 
 Court or a judge thereof may allow. 
 
 68. Costs shall be taxed by the master, or at his request by any master of 
 the superior court upon the rule of court or judge's order by which the costs 
 are payable, and costs when taxed may be recovered in like manner as if 
 payable under a rule of court, judgment, or order of a judge in the ordmary 
 proceedings in the High Court of Justice, or in case there be money in tho 
 bank available for the purpose, then to the extent of such money by order of 
 the Lord Chief Justice of England for the time being. 
 
 The office fees payable for inspection, office copies, enrolment, and other 
 proceedings under tho Act and these rules, shall be the same as those payable, 
 if any, for like proceedings according to the present practice of the High Coui't 
 
 of Justice. . u n u 
 
 69. No proceedings under the Municipal Corporations Act, 1882, shall be 
 defeated by any formal objection. . . ^„, x.^^ v. a 
 
 70.' Any rule made or to be made in pursuance of the Act shall be publishea 
 by a copy thereof being put up at the master's office. 
 Dated the 17th day of April, 1883. 
 
 C. E. Pollock. 
 H. Mamsty. 
 Henry C. J.opes. 
 The judges for the time being on the rota for the 
 trial of Parliamentary Election Petitions.
 
 APPENDIX. 
 
 233 
 
 TIME TABLE 
 
 SHEWING THE DATES (DEFINITE AND APPROXIMATE) UPON WHICH CERTAIN 
 REQUIREMENTS OF THE MUNICIPAL CORPORATIONS ACT, 1882 (AND OTHER 
 ACTS IMPOSING DUTIES UPON BOROUGH OFFICIALS) SHOULD BE OBSERVED 
 AND EFFECTED. 
 
 I^' Sunday, Christmas Day, Good Friday, Easter Monday, and Easter Tuesday, or any 
 day appointed for a public fast, humiliation, or thanksgiving, is not to he computed. If a 
 date specified for any particular act or proceeding required to he done falls on either of these 
 days, then the act or proceeding is to he taken on the next day afterwards. If anything ia 
 directed to he done within seven days, then those days are not to be reckoned in the computa- 
 tion of time (section 230, subsections 1, 2, and 3), and the same provision applies to the 
 day or date on which any Act is appointed to be done. It must be noted that where specified 
 dates are given in this Table, they are governed by the operation of the section referred to. 
 
 JANTJARY. 
 
 Ist. — Copy rules, &c., respecting police to be 
 
 sent to the Secretary of State by 
 
 Watch Committee .... 
 
 Council to appoint trustees for special 
 
 purposes from their number within 
 
 the first ten days • . . • 
 
 List of voters (parliamentary,_ county 
 
 electors, and burgesses) comes into force 
 
 7th. — Kegistrars of Births and Deaths to 
 transmit to overseers on or before this 
 day, a return of all male persons 
 dying within a parish included in a 
 parliamentary or municipal horou£rh 
 during the period between 15th 
 September, or the date when the last 
 preceding return was made, and 
 the 3 Ist December . . . . 
 
 FEBRUARY. 
 
 Ist 
 
 Coroners to send to the Secretary of 
 State, on or before this date, a return 
 of inquests held .... 
 
 18th. — Town Cleik should givo nntire of elec- 
 tion of auditors for 1st March not 
 later than this date , • • • 
 
 Eeference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Subsec. Para 
 
 192 
 
 135 
 
 54 
 
 Sohed. 
 
 Part. 
 
 Para. 
 
 Pago. 
 
 162 
 124 
 
 [See Coroners' Act) 
 
 Appx. 
 
 66
 
 234 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Febriary — continued. 
 
 2l8t.— Notice of election of auditors should 
 bo given not later than this date, 
 and nominations be sent in to town 
 clerk ...... 
 
 Copy of parliamentary register to be 
 sent to the Secrotary of State on or 
 before this date (31 & 32 Vict. c. 58, 
 
 s. 37) 
 
 Mayor to attend at town hall and 
 receive and decide upon nominations 
 to ofiBcc of auditor .... 
 
 24th. — Nominations, &c., for auditors to be 
 published ..... 
 
 26th.— If poll be demanded for election of 
 auditors, give notice of polling places 
 not later than this date* . 
 
 28th. — Last day for sending name of officer 
 to vote at guardians' elections 
 
 MARCH. 
 
 Ist. — Election of auditors (unless some other 
 day appointed) .... 
 
 Mayor should appoint his auditor on 
 pablication of result of election 
 25th. — Annual accounts (under Local Taxa- 
 tion Keturns Act, 1877) must be 
 made up to this date, and return 
 made one month after completion of 
 audit (after 1891— 31st of March) . 
 Generally — Annual account of receipts, &c., 
 relating to highways, &c., should be 
 sent to Secretary of State (12 & 13 Vict. 
 c. 35, s, 1) . . . . 
 
 APRIL. 
 
 Ist. — Copy rules, &c., respecting police to 
 
 be sent to the Secretary of State by 
 
 Watch Committee .... 
 
 Treasurer should submit his accounts 
 
 for audit this month. 
 
 8th. — Last day for justices to nominate over- 
 seers of the poor .... 
 
 15th. — County (louncil clerks and town clerks 
 on or within seven days before this 
 date must send precepts of instruc- 
 tions in respect of preparation of 
 voting lists to overseers . 
 
 MAY. 
 
 Ist. — Return (on or before to-day) to be made 
 to Secretary of State of polJing divi- 
 sions under Ballot Act (section 5) . 
 
 Reference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Subsec. 
 
 62 
 60-9 
 
 62 
 62 
 
 62 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 62 
 25 
 
 28 
 
 1 
 5 
 
 2 & 4 
 
 192 
 
 Third 
 
 Third 
 Third 
 
 Third 
 
 II. 
 
 11. 
 
 a. 
 
 IV. 
 
 Para. 
 
 Page. 
 
 16 
 
 77 
 64-74 
 67 
 
 76 ) 
 68) 
 76 1 
 69 I 
 
 76 1 
 811 
 
 76 
 44 
 
 44-5 
 
 162 
 
 * See also paragraph 2 of Part III. of the Third Schedule (page 72).
 
 APPENDIX. 
 
 235 
 
 JUNE. 
 
 Ist. — Overseers should f^ive notice between 
 this date and 20th to voters (parlia- 
 mentary, county, and borough) who 
 have not paid all poor rates due on 
 Jan. 5th last ..... 
 Return of market tolls and other matters 
 to be made to Secretary of State before 
 end of themonth, (23 & 24 Vict. c. 61, 
 RS. 1 and 2) . . ... 
 
 10th. — Town clerks to issue precepts to over- 
 seers to make out lists of parliament- 
 ary and other voters 
 
 20th. — Overseers should affix on or near 
 church doors, &c., for a period in- 
 cluding two Sundays at least, notices 
 to persons entitled to vote to make 
 claims before August 25th 
 
 JULY. 
 
 1st. — Copy rules, &c., respecting police to be 
 sent to the Secretary of State by 
 "Watch Committee .... 
 15th. — Date to which qualification is com- 
 puted for £10 occupiers and lodgers 
 in connection with parliamentary 
 lists. The latter must claim between 
 August 1st and 25th in the first year, 
 and July 25th every succeeding year. 
 , This is also the date for which quali- 
 fication is computed for the county 
 lists and burgess rolls 
 18th. — County and town clerks must send 
 " corrupt, &c." lists (if any, to over- 
 Beers 
 
 20th. — Assessed taxes and poor rates due 
 Jan. 5th to be paid on or before this 
 day to prevent disqualification for 
 voting ...... 
 
 Last day in counties to claim as owner 
 for parliamentary vote (claims to be 
 published until 25th) 
 Clerks of the peace to issue precepts 
 to overseers to make out jury lists . 
 22nd. — Overseers to make out (and publish 
 for 14 days) list of rate defaulters . 
 25th. — Lodgers already on parliamentary list 
 must renew their claim not later than 
 this day ...... 
 
 31st. — Overseers in counties to make out 
 occupiers' lists in divisions or with 
 supplemental lists ; also separate lists 
 of non-residenis qualitiedto be county 
 councillors, and lists of parliamentary 
 ownership claimants and old lodgers, 
 with marginal objections . 
 Overseers in boroughs to make out 
 occupiers' list in divisions, old lodgers' 
 list with marginal objections, re- 
 served rights' list, if any, aldermen 
 and councillors' list, and parish 
 burgess lists ; the town clerk must 
 make out the freemen's roll . see 
 
 Eeference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Subsec. 
 
 Para, 
 
 Sched. 
 
 Part. 
 
 192 
 
 203 
 
 Para. 
 
 Page. 
 
 162 
 
 28 
 
 28 
 
 168
 
 236 
 
 THE EXGLISH MUNICIPAL CODE. 
 
 JvLY — continued. 
 
 Overseers should publish notices that 
 non-payment Lelore the 20th July of 
 poor rates made during the twelve 
 months immediately preceding the 
 5th January last will disqualify par- 
 liamentary ten pounds occupiers and 
 householders, also burgesses and 
 county electors. Notices should state 
 that non-payment of assessed taxes 
 ■will disqualify ten pounds occupiers 
 for local government franchise, and 
 for parliamentarj' occupation fran- 
 chise in parliamentary boroughs ; and 
 non-payment of county rates will 
 disqualify burgess occupiers under 
 section 2 in counties, and non-pay- 
 ment of borough rates will disqualify 
 burgesses not being ten pounds occu- 
 piers under section 3 . . . 
 Overseers should send notices to voters 
 where rates have not been previously 
 demanded . . . . , 
 
 AUGUST. 
 
 Ist. — (Note)County and borough lists of elec- 
 tors to be affixed to church doors (first 
 two Sundays in August). Lodgers 
 claiming for ihejimt time muet do so 
 between this date and the 25th. 
 Freemen's roll must be published on or 
 before to-day ..... 
 
 10th.— Eate books may be inspected until 3 Ist 
 by voters and claimants . 
 
 2Cth. — Last day for giving notices of claims 
 and objections to county and borough 
 voters to the overseers, persons ob- 
 jected to, and their tenants 
 
 25th. — Las-t day fur serving objections to 
 voters, and for claiming to vote 
 On this day overseers should makeup 
 lists of all claims and objections in 
 the form prescribed and send lists 
 of electors, claims, and objections to 
 town clerks ..... 
 
 3 Ist.— Last day for inspecting rate books . 
 
 sp:ptember. 
 
 1st.— Objections to voters to be affixed to 
 church doors on two Sundays pre- 
 ceding the lothinst., and jurors' lists 
 on first three Sundays in September. 
 Notice should be given of dates for 
 holding revising barristers' courts 
 (must be between 8th of this month 
 and 12th October inclusive) 
 
 5th — Declarations under sections 10 of the 
 County Voters'Registration Act, 1860 
 and section 24 of the Parliamentary 
 and Municipal liegistration Act, 
 1878 should be sent to the clerk of 
 the peace, or the town clerk respec- 
 tively, on or before this date 
 
 8th.— Earliest day for holding revising bar- 
 risters' courts .... 
 
 Eeference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Sub£ec. 
 
 Para. 
 
 Scbed, 
 
 Part. 
 
 Para. 
 
 Page.
 
 AFPEXDIX. 
 
 237 
 
 OCTOBER. 
 
 1st.— 
 
 12th 
 20th 
 
 21st. 
 
 21th 
 
 25th 
 27th 
 
 3Ist. 
 Ist.- 
 
 Copy rules, &c., respecting police to be 
 sent to the Secretary of State by the 
 Watch Committee .... 
 Special constables to be appointed by 
 borough justices during this month . 
 , — Revising barristers' courts may not be 
 held after this date* 
 
 — The county lists and burgess rolls 
 must be completed on or before this 
 date ...... 
 
 — Notice of election for the 1st of Nov. 
 
 should be given by the town clerk not 
 later than to-day .... 
 
 ,~ Last day for delivering nominations 
 of councillors to town clerk for elec- 
 tion on Nov. 1st. .... 
 Notice of nomination to candidates for 
 council on the 1st Nov. should be 
 given to-day ..... 
 
 , — Mayor must attend at town hall to 
 receive and decide upon objections, 
 &C., to nominations .... 
 
 , — List of nominations for councillors 
 should be published .... 
 Notice of polling places should be 
 given not later than this datef 
 
 — Criminal returns should be sent to 
 Home Secretary by clerks to justices 
 
 NOVEMBER. 
 
 -The new burgess roll comes into opera- 
 tion (also county electors' lists for 
 county councils) .... 
 General election of borough councillors 
 General election of county councillors 
 every third year from 1891 inclusive 
 
 7th. — Quarterly — fixed — (and annual) meet- 
 ing of county councils 
 
 9th. — Quarterly— fixed — (and annual) meet- 
 ing of town councils to be held to- 
 day at noon. First business : Elec- 
 tion of mayor, followed by that of 
 Bherifif (where there is one) ; aldermen 
 (every three years) ; and oSicers. 
 Quarterly meetings to be fixed fur 
 year, and Committees appointed 
 
 DECEMBER. 
 
 31st. — Last day for revising barrister to 
 deliver to town clerk lists of parlia- 
 mentary voters .... 
 
 Parliamentary election lists must be 
 sent to returning ofiicers not later 
 than this date ..... 
 
 Assessment clerks should make out 
 valuation returns .... 
 
 Reference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 192 
 196 
 
 45 
 54 
 
 Subsec. 
 
 45 
 
 52 
 
 60 
 61 
 
 1-7 
 1-4 
 
 Para. 
 
 Sched. 
 
 Third 
 
 Third 
 
 Third 
 
 Third 
 Third 
 Third 
 
 Second 
 
 Part. 
 
 I. 
 
 II. 
 
 II. 
 
 II. 
 II. 
 
 IV. 
 
 Para. 
 
 25 
 
 9 
 
 15 
 
 2 
 
 Page. 
 
 162 
 
 163 
 
 60 
 
 60 
 
 66 
 
 67 
 
 68 
 
 68 
 69 
 81 
 
 60 
 65 
 
 74-5 
 
 75-6 
 
 39 
 
 * Extended in the year 1888 only. 
 See also paragraph 2 of Part III. of the Third Schedule (page 72).
 
 238 
 
 THE EXGLISE MUXICIPAL CODE. 
 
 THE MUXICIPAL CITIES AXD KOROUGIIS 
 OF ENGLAND AND WALES, 
 
 Regulated and Governed under the Jhcniripdl Corporations Act of 1882, and 
 subsequent Acts with the population [accordinr/ to the Census of 1881), 
 
 on September \st, 1888. 
 
 •,„* The area of certain Cities and Boroughs having been extended since 1881, the increased 
 population, according to the census of that year, has been shown in accordance with particulars 
 supplied by local officials. The figures shew the population for the municipal area ; those for 
 the parliamentary area differ in some cases. 
 
 • Episcopal and Prescriptive Cities. f Prescriptive Cities only. 
 
 \ Cities and Boroughs n-hich are Counties of tlie-nuelves. 
 
 (a) Cities and Borovghi^ (to have a Commission of the Peace) named in Schedules A, and 
 (J) Cities and Boronahs {not to hare a Commission of the Peace e.reept on petition 
 
 and f/ranf) <f Schedule B of th' Miaiir'ipal Corporations Act, 1835. 
 
 (c) Cities and Bonnighs incorporated after the passing of the Act 5 4" 6 Will. 4. 
 
 c. 76, a7id hefore the passing of the Act 45 4- 4G Vict. c. 50 (1882); all 
 
 others came into corporate existence after the passing of the 
 
 Act 45 4' 46 Vict., c. 50 (1882). 
 
 iQ.S.) indicates Boroughs having a separate Commission of the Peace and Court of Quarter 
 
 Sessions. 
 
 (CP.) indicates Boroughs having a Commission of the Peace onlg [in jyractice the County 
 
 Justices do not act in suck Boron gh.'i) ; in. all others the Countif Magistrates do or can 
 
 exercise a concurrent jurisdiction with, the Mayor and immediate Past Mayor. 
 
 A. 
 
 cABERAVON [CP.) 
 aABERYSTWITH (CP.) 
 «ABIXGDON [Q..S.) 
 
 [C 
 
 ^■) 
 
 cACC KINGTON 
 
 ALDEBURGH 
 
 ff AN DOVER {Q.S.) 
 
 APPLEBY . 
 
 JARUNDEL . 
 
 rASHTON-UNDER-LYNE {CP.) 
 
 B. 
 
 4,850 
 7,008 
 5,G84 
 
 31,435 
 2,106 
 3,653 
 2,032 
 2,748 
 
 37,040 
 
 BACUP 
 
 25,034 
 
 a BANBURY {Q.S.) 
 
 3,600 
 
 •BANGOR .... 
 
 9,500 
 
 eBARNSLEY, 
 
 29,790 
 
 aBARNSTAPLE (Q..S'.) . 
 
 12,282 
 
 cBARROW-IN-FURNESS . 
 
 47,259 
 
 ^BASINGSTOKE {CP.) 
 
 6,681 
 
 *r/BATH {Q.S.) 
 
 51,814 
 
 cBATLEY {CP.) . 
 
 27,505 
 
 iBEAUilARIS 
 
 2,2.39 
 
 iBECCLES .... 
 
 5,721 
 
 ^BEDFORD {Q.S.) . 
 
 19,533 
 
 <>tBER^^1CK-0N-TWEED 
 (?BEVERLEY (CP.) 
 ff BE WD LEY {CP.) 
 ffBIDEFORD {Q.S.) 
 (-BIRKENHEAD {Q.S.) . 
 ^BIRMINGHAM {Q.S.) . 
 BISHOP'S CASTLE . 
 ^BLACKBURN {Q.S.) . 
 cBLACKPOOL 
 JB LAND FORD . 
 iBODMIN {CP.) . 
 fBOLTON (Q.-S'.) . 
 fBOOTLE-CUM-LINACRE 
 ^BOSTON {CP.) . 
 BRACKLEY . 
 (•BRADFORD (Yorks) {Q.S.) 
 ^BRECON {CP.) . 
 «BKIDGNORTH {Q.S.) . 
 ffBRIDGWATER (Q.S.) 
 ffBRIDPORT {CP.) 
 (■BRIGHTON {Q.S.) 
 *:((BRISTOL {Q.S.) 
 iBT'CKINGHAM {Q.S.) 
 cBT^iNLEY {CP.) 
 cBURSLEM . 
 cB URTON-UPON-TRENT 
 «BURY ST. EDMUNDS {Q. 
 (•BURY (Lane.) {CP.) . 
 
 (Q.S.) 
 
 13,998 
 
 
 11,425 
 
 
 3,088 
 
 
 6,512 
 
 
 . 84,006 
 
 
 . 400,774 
 
 
 1,788 
 
 
 . 104,014 
 
 
 14,229 
 
 
 1,373 
 
 
 5,061 
 
 
 105,414 
 
 {CP.) 
 
 . 27,374 
 
 
 14,941 
 
 
 2,504 
 
 
 194,495 
 
 
 6,372 
 
 
 5,885 
 
 
 12,007 
 
 
 6,795 
 
 
 107,546 
 
 
 206,874 
 
 
 3,585 
 
 
 58,571 
 
 
 26,622 
 
 {CP.) 
 
 39,288 
 
 s.) . 
 
 16,111 
 
 
 54,608
 
 APPENDIX. 
 
 2S9 
 
 c. 
 
 flCALXE. 
 
 «CAMBRTDGE [Q.S.) . 
 *+«CANTERBUE,Y {Q.S.) 
 ^CARDIFF [C.P.) . 
 ^CARDIGAN (C.P.) 
 *«CARLISLE {Q.S.) 
 +«CARMARTHEX {Q.S.) 
 aCARNARVON {C.P.) . 
 iCHARD 
 
 CHELMSFORD . 
 (•CHELTENHAM . 
 *t./CHESTER {Q.S.) 
 aCHESTERFIELD {C.P.) 
 •oCHlCHESTER {Q.S.) 
 JCHIPFEXHAM . 
 ^CHIPPING NORTON . 
 JC HIPPING WYCOMBE {C 
 cCHORLEY . 
 CHRISTCHURCH . 
 aCLlTHEROE {C.P.) . 
 aCOLCHESTER {Q.S.) . 
 aCONGLETON {C.P.) . 
 cCoNAVAY . 
 t«CO\ ENTRY {C.P.) . 
 COWBRIDGE 
 cCREWE {C.P.) 
 CROYDON {C.P.) . 
 
 cDARLINGTON {C.P.) 
 aDARTMOUTH {Q.S.) 
 cDARWEN (C.P.) . 
 JDAVENTRY 
 aDEAL {Q.S.) 
 aDENBIGH {C.P.) . 
 flDERBY {Q.S.) 
 ftDEVIZES {Q.S.) . 
 cDEVONPORT {Q.S.) 
 cDEWSBURY (C.P.) 
 «DONCASTER {Q.S.) 
 aDORCHESTER {C.P.) 
 aDOVER {Q.S.) 
 JDROITWICH {C.P.) 
 cDUDLEY {C.P.) . 
 eDFNSTABLE {C.P.) 
 *aDURHAM {C.P.) 
 
 P-) 
 
 E. 
 
 EASTBOURNE . 
 aEVESHAM {C.P.) . 
 *+rtEXETER {Q.S.) 
 6EYE {C.P.) . 
 
 flFALMOFTH {C.P.) 
 JFAVERSHAM {Q.S.) 
 iFLINT {C.P.) 
 JFOLKESTONE {Q S.) 
 
 G. 
 
 2,474 
 30,078 
 21,704 
 82,761 
 3,669 
 35,884 
 10,514 
 10,258 
 2,411 
 9,885 
 43,972 
 36,794 
 12,221 
 8,114 
 1,352 
 4,167 
 10,618 
 19,478 
 3,260 
 10,176 
 28,374 
 11,116 
 3,254 
 42,111 
 1,229 
 24,385 
 78,953 
 
 35,104 
 5,725 
 
 29,744 
 3,859 
 8,500 
 6,535 
 
 81,168 
 6,645 
 
 48,939 
 
 29,637 
 
 21,139 
 7,567 
 
 30,270 
 3,761 
 
 46,252 
 4,627 
 
 14,932 
 
 28,014 
 5,112 
 
 37,665 
 2,296 
 
 5,973 
 
 8,616 
 
 5,096 
 
 12,698 
 
 «GATESHEAD (C.P.) . 
 
 65,803 
 
 iGLASTONBURY . 
 
 3,719 
 
 cGLOSSOP {C.P.) . . . . 
 
 19,574 
 
 *+«GLOUCESTER {Q.S.) 
 
 36,521 
 
 Z'GODALMING (C.P.) . 
 
 2,505 
 
 iGODMANCHESTER . 
 
 2,188 
 
 «GRANTHAM {Q.S.) . 
 
 , 16,886 
 
 «GRAVESEND {Q.S.) . 
 
 23,302 
 
 «GRIMSBY (GREAT) {C.P.) . 
 
 28,503 
 
 «GUILDFORD {Q.S.) . 
 
 10,858 
 
 H. 
 
 rHALIFAX {C.P.) . 
 cHANLEY {Q.S.) . 
 HARROGATE {C.P.) . 
 fHARTLEPOOL {C.P.) . 
 ffHARAVICH {C.P.) 
 ^HASTINGS {Q.S.) 
 +«HAVERFORD\\^ST {Q.S.) 
 cHEDON .... 
 
 mELSTON {Q.S.) . 
 rHENLEY-UPON-THAMES(C.P. 
 *aHEREFORD {Q.S.) . 
 aHERTFORD {C.P.) 
 fHEYWOOD {C.P.) 
 HIGHAM FERRERS . 
 cHONITON .... 
 cHUDDERSFIELD {C.P.) . 
 liiffHULL (Kingston • upon - Hull) 
 
 {Q.S.) .... 
 iHUNTINGDOX . 
 
 cHYDE 
 
 iHYTHE {Q.S.) . 
 
 ILKESTON . 
 alPSWICH {Q.S.) 
 
 I. 
 
 J. 
 
 cJARROW-ON-TYNE {C.P.). 
 
 K. 
 
 eKEIGHLEY . 
 «KENDAL {C.P.) . 
 ^KIDDERMINSTER {C.P.) 
 KIDWELLY 
 ^KING'S LYNN {Q.S.) . 
 ^KINGSTON - UPON - THAMES 
 {C.P.) 
 
 L. 
 
 LAMPETER . 
 
 ^LANCASTER {C.P.) 
 iLAUNCESTON . 
 
 73,630 
 4!S,361 
 11,000 
 12,361 
 
 7,842 
 42,258 
 
 6,398 
 966 
 
 3,432 
 
 4,604 
 19,821 
 
 7,747 
 22,979 
 
 1,468 
 
 3,358 
 81,841 
 
 165,690 
 
 4,228 
 
 28,630 
 
 4,173 
 
 14,122 
 60,546 
 
 25,469 
 
 25,247 
 13,696 
 24,270 
 2,231 
 18,539 
 
 20,648 
 
 1,443 
 
 20,663 
 
 3,217
 
 240 
 
 THE ENGLISH MUXICIPAL CODE. 
 
 el^AMINGTOX {C.F. 
 
 ) (Ro\al 
 
 
 Leamington Spa) 
 
 22,979 
 
 flLEEDS (Q..S'.) 
 
 
 
 309,119 
 
 flLEICESTER {Q.S.) 
 
 
 
 122,376 
 
 «LE()MINSTER (C.P.) . 
 
 
 
 6,044 
 
 fLEWES 
 
 
 
 6,017 
 
 ♦JffLICnKIELD [Q.S.) . 
 
 
 
 8.349 
 
 *:«LINCOLX (Q.-S'.) 
 
 
 
 37,313 
 
 iLISKEAKD [C.P.) 
 
 
 
 4,o36 
 
 •^LIVERPOOL (Q.S ) . 
 
 
 
 552,508 
 
 iLLANDOVERY . 
 
 
 
 2,035 
 
 LLANFYLLTN . 
 
 
 
 1,774 
 
 ALLAXIDLOES . 
 
 
 
 3,421 
 
 fLOXGTON [C.P.) . 
 
 
 
 18,620 
 
 LOSTWITHTEL . 
 
 
 
 1,450 
 
 L0UGH15()K()UGH 
 
 
 
 27,814 
 
 aLOlTTH (C.P.) . 
 
 
 
 ]0,G',)1 
 
 LOU'ESTOFT 
 
 
 
 19,69fi 
 
 tf LUDLOW (Q.S.) . 
 
 
 
 5,036 
 
 cLUTOX {C.P.) 
 
 
 
 23,960 
 
 LYPP {C.P.) . 
 
 
 
 2,128 
 
 Z.LYME REGIS {C.P.) 
 
 
 
 2,333 
 
 iLYMIXGTOX 
 
 
 
 2,410 
 
 M. 
 
 aMACCLESFiELD {C.P.) . . 37,5U 
 
 iMAIDEXHEAD (C.P.) 
 
 
 8,220 
 
 «MAIDSTOXE {Q.S.) . 
 
 
 29,623 
 
 «MALDOX {Q.S.) . 
 
 
 5,468 
 
 MALMESBURY . 
 
 
 3,350 
 
 *fMAXCHESTER {Q.S.) 
 
 
 373,583 
 
 ^MARGATE {Q.S.) . 
 
 
 16,030 
 
 iMARLBOROUGH {C.P.) 
 
 
 3,343 
 
 MIDDLESBROUGH {C.P.) 
 
 
 65,934 
 
 MIDDLETOX 
 
 
 18,953 
 
 «MOXMOUTH {C.P.) . 
 
 
 6,111 
 
 MOXTGOMERY . 
 
 
 1,194 
 
 MORLEY 
 
 
 15,011 
 
 iMORPETH . 
 
 
 4,556 
 
 MOSS LEY . 
 
 
 . 13,372 
 
 N. 
 
 ffXEATH 10,409 
 
 aX^EWARK {Q.S.) .... 14,018 
 
 aXEWBURY {Q.S.) . . . 10,144 
 
 ^NEWCASTLE - UXDER . LYilE 
 
 (Q.S.) 17,508 
 
 *i«XEWCASTLE -UPOX - TYXE 
 
 (Q.S.) 145,359 
 
 flXEWPORT (I. of W.) {C.P.) . 9,357 
 
 oXEWPORT (Mon.) (6'.P.) . . 35,3)3 
 
 NEW ROMXEY {C.P.) . . . 1,009 
 
 flXORTHAMPTOX {Q.S.) . 61,b81 
 
 *+'/NORWICH {Q.S.) . . . 87,842 
 
 JaNOTTINGHAM (Q.5.) . . 186,575 
 
 0. 
 
 OKEHAMPTOX . 
 
 1,695 
 
 cOLDHAM {Q.S.) . 
 
 . 111,343 
 
 aOSWESTRY {Q.S.) 
 
 7,847 
 
 ♦aOXFORD (Q.S.) . 
 
 
 
 . 31,404 
 
 rtPEMBROKE {C.P.) 
 iPEXRYX {C.P.) . 
 aPEXZAXCE (Q.S.) 
 ♦(■PETERBOROUGH 
 ^PLYMOUTH {Q.S.) 
 </POXTEFRACT {Q S ) 
 +^/POOLE (Q.S.) . 
 «PORTS MOUTH {Q.S.) 
 aPRESTOX (C.P.) . 
 iPWLLUELI. 
 
 Q. 
 
 QUEEXBOROUGH 
 
 R. 
 
 S. 
 
 «SAFFROX WALDEX {Q.S.) 
 *«St. ALBAXS (C.P.) . 
 cSt. HELEXS {C.P.) 
 «Sr. IVES (Cornwall) {C. P.) . 
 cSr. IVES (Hunts) . 
 cSALFORD (C.P.) . 
 *«SALISBURY (Q.S.) . 
 SALT ASH .... 
 iSAXDWICH {Q.S.) 
 «SUARB0R0UUII (Q.S.) 
 iSHAFTESBURY . 
 cSHEFFIELU {Q.S.) 
 ^SHREWSBURY {Q.S.) 
 +«SOUTHAMPTOX {Q.S.) . 
 iSOUTH MO ETON (Q.S.) . 
 cSOUTHPORT (C.P.) . 
 cSOUTH SHIELDS (C.P.) . 
 //SOUTHWOLD (C.P.) . 
 ^STAFFORD (C.P.) 
 cSTALYBRIDGE {C.P.) 
 aSTAMFORD {Q.S.) 
 aSTOCKPORT (C.P.) . 
 «STOCKTOX-OX-TEES (C.P.) 
 cSTOKE-UPON-TRENT 
 iSTRATFORD - UPOX - AVOX 
 
 (C.P.) .... 
 flSUDBURY (Q.S.) . 
 
 14,156 
 
 3,466 
 
 12,409 
 
 21,228 
 
 73,794 
 
 8,79S 
 
 12,310 
 
 127,989 
 
 96,537 
 
 3,242 
 
 982 
 
 RAMSGATE .... 
 
 22,683 
 
 aREADIXG {Q.S.) . 
 
 42,054 
 
 cRElGATE {C.P.) . 
 
 18,662 
 
 iRETFORD (EAST) (C.P.) . 
 
 9,748 
 
 «RICHMOXD (Yorks.) (Q.S.) 
 
 4,502 
 
 "wRIPOX {C.P.) . 
 
 7,390 
 
 cROL'HDALE {C.P.) 
 
 68,866 
 
 *«RO(JHESTER (Q.S.) . 
 
 21,307 
 
 oROMSEY {C.P.) . 
 
 4,033 
 
 fROTHERHAM (C.P.) . 
 
 34,782 
 
 4RUTHIX .... 
 
 3,421 
 
 cR YD 1-: (C.P.) . 
 
 11,461 
 
 iRYE {Q.S.) .... 
 
 4,224 
 
 6,060 
 10,931 
 57,403 
 
 6,445 
 
 3,038 
 
 176,233 
 
 14,792 
 
 2,563 
 
 2.846 
 30,504 
 
 2,312 
 
 284,508 
 
 26,478 
 
 60,051 
 
 3,340 
 32,206 
 56,876 
 
 2,107 
 19,977 
 25,977 
 
 8,773 
 59,653 
 41,016 
 19,261 
 
 8,064 
 6,584
 
 APPENDIX. 
 
 241 
 
 aSUNDERLAND {C.P.) . . 116,548 
 
 SUTTON COLDFIELD {C.P.) . 7,737 
 aSWANSEA {C.P.) . . . 65,597 
 
 iTAlIWOETH (C.P.) . . . 4,891 
 
 cTAUNTON 16,614 
 
 iTENBY (C.P.) .... 4,750 
 
 iTENTERDEN (Q.-S.) . . . 3,620 
 
 «TEWKESBURY {Q.S.) . . 5,10i0 
 
 iTHETFORD {Q.S.) . . . 4,032 
 
 «TIVERTON (Q.-S.) . . . 10,462 
 
 iTORRINGTON (GREAT) . . 3,445 
 
 JTOTNES {C.P.) .... 4,089 
 
 *«TRURO {C.P.) .... 10,619 
 
 cTYNEMOUTH {C.P.) . . . 44,118 
 
 w. 
 
 cWAKEFIELD {C.P.) . . . 30,854 
 
 iWALLINGFORD {C.P.) . . 2,803 
 
 aWALSALL {Q.S.). . . . 58,795 
 
 WAREHAM 2,112 
 
 cWAREINGTON {C.P.) . . 41,452 
 
 « WARWICK {Q.S.) 
 WEDNESBURY . 
 rtWELSHPOOL {C.P.) 
 *«WELLS {C.P.) . 
 aWENLOCK {Q.S.) 
 WEST BROMWICH 
 WEST HAM {C.P.). 
 WEST HARTLEPOOL 
 aWEYMOUTH {C.P.) 
 «WIGAN {Q.S.) . 
 WILTON 
 
 *«WINCHESTER {Q.S 
 flWINDSOR {Q.S.) 
 «WISBECH {C.P.) . 
 WOKINGHAM . 
 cWOLVERHAMPTON {Q.S.) 
 WOODSTOCK 
 *J«WORCESTER {Q.S.) 
 WORKINGTON . 
 cWREXHAM {C.P.) 
 
 Y. 
 
 ^YARMOUTH GREAT {Q.S.) 
 cYEOVIL {C.P.) . 
 *i«YORK {Q.S.) . 
 
 11,800 
 
 24,566 
 
 7,107 
 
 4,634 
 
 18,442 
 
 56,295 
 
 128,953 
 
 29,448 
 
 13,715 
 
 48,194 
 
 2,100 
 
 17,780 
 
 12,273 
 
 9,249 
 
 3,099 
 
 75,766 
 
 1,543 
 
 33,956 
 
 22,000 
 
 10,978 
 
 46,159 
 
 8,479 
 
 49,530 
 
 Cities and Boroughs named above whicli were included in the Act of 1835 
 Cities and Boroughs incorporated since 1835 
 
 Total of Municipal Cities and Boroughs 
 
 178 
 106 
 
 284 
 
 Cities and Boroughs having a separate Commission of the Peace and Quarter Sessions . 102 
 Cities and Boroughs having a Commission of the Peace only (in practice the County 
 
 Justices do not act in these Boroughs) . . . . . . . . .112 
 
 Cities and Boroughs in which the County Magistrates exercise concurrent juris- 
 diction with the Mayor and the immediate Past Mayor 73 
 
 Total 
 
 287 
 
 ♦Cities and Boroughs which are Counties of themselves 18 
 
 •Cities and Boroughs which have a separate Police Force . i . . . .163 
 
 Cities and Boroughs in which the Town Council is not the Urban Sanitary Authority 
 (Banbury, Blandford, Calne, Cambridge, Chippenham, Faversham, Launceston, 
 Lyme Regis, Lymington, Morpeth, Oxford, and Wenlock) . . . .12 
 
 * The abstract of the Local Government (England and Wales) Act, 1888, should be referred to 
 on these points (see page 286) ; by its terms, 61 cities and boroughs become administrative counties, and 
 forty boroughs, with a population of less than 10,000 each, lose the privilege of maintaining a separate 
 pohce force. 
 
 16
 
 242 THE EXGLISH ^flWICIPAL CODE. 
 
 ACTS OF PAELIAMENT SPECIALLY AFFECTINa 
 THE MUNICIPAL COPPOPATIONS ACT, 1882, 
 PASSED SINCE THE DATE OF THAT MEASUEE. 
 
 MUNICIPAL CORPORATIONS ACT, 1883. 
 46 & 47 Vict., Cn. 18. 
 
 An Act to make provision respecting certain TMunicipal Corporations and other 
 Local Authorities not subject to the Municipal Corporation Act. 
 
 [29th June, 1883.] 
 
 "Whereas Commisaioners were appointed by His late Majesty King William 
 the Fourth (in this Act referred to as the Commissioners of 1834) to inquire 
 into Municipal Corporations in England and Wales, and made reports respect- 
 ing divers corporations, including most of those mentioned in the schedules to 
 this Act: 
 
 And whereas the Municipal Corporation Acts consolidated and repealed by 
 the Municipal Corporations Act, 1882, wore passed and applied to most of the 
 jilaces mentioned in the above report, but not to those wlaich are mentioned in 
 the schedules to this Act : 
 
 And whereas Commissioners were appointed by Her Majesty to inquire into 
 Municipal Corporations not subject to the Municipal Corporation Acts (in this 
 Act referred to as the Commissioners of 1876), and have made reports to Her 
 Majesty respecting the places mentioned in the schedules to this Act, and it 
 is expedient to make the provisions herein-after appearing respecting those 
 places : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, as 
 follows : 
 
 1, This Act may be cited as the Municipal Corporations Act, 1883. 
 
 2. On and after the twenty- fifth day of March one thousand eight hundred 
 and eighty-six, or such later day, not after the twenty-ninth day of September, 
 one thousand eiglit hundred and eighty-six, as Her Majesty in Council may in 
 the case of any phice or places appoint, the following provisions shall (subject 
 to the savings for vested interests and other provisions contained in this Act) 
 apply to each of the places mentioned in the schedules to this Act ; that is to 
 say, 
 
 (1.) All civil, criminal, and Admiralty jiu'isdiction of any corporate 
 officer, ooiirt, or judge of the said place appointed or holding office under 
 any charter, grant, or prescription shall cease, whether such jurisdiction 
 is conferred by such charter, grant, or prescription, or by any Act, and 
 the place shall be subject to the same jurisdiction as the part of the county 
 in which it is situate or to which it adjoins, and if it adjoins more than 
 one county or part of a county, then as the county or part with which it 
 has the longest common boundary :
 
 APPENDIX. 243 
 
 (2.) All exclusive rights of trading, local exemptions from juries, aivl 
 other local franchises, privileges, and exemptions existing under any 
 charter or grant or prescription shall cease. 
 
 3. On and after the twenty-fifth day of March one thousand eight hundred 
 and eighty-six, or such later da.y, not after the twenty-ninth day of September 
 one thousand eight hundred and eighty-six, as Her Majesty in Council may, 
 in the case of any place or places, appoint, the following provisions shall 
 (subject to the savings for vested interests and other provisions contained in 
 this Act) apply to each of the places mentioned in the schedules to this Act to 
 which Her Majesty may not he pleased before the said day to grant a new 
 charter ; that is to say, 
 
 («.) The place shall not he a corporate town or borough, and any muni- 
 cipal or other corporation thereof existing under any charter or grant or 
 prescription shall be dissolved : 
 
 {b.) All property of any corporation in the place which is dissolved by 
 this Act, or of any person as member or officer thereof, or of any court or 
 judge whose jurisdiction is abolished by this Act, shall be a^Dplied for the 
 public benefit of the inhabitants of the place in such manner as may he for 
 the time being provided by a scheme of the Charity Commissioners, or, 
 in a case where a scheme is made by the Local Government Board, by 
 that scheme, and shall vest in such persons or body corporate as may be 
 specified in such scheme. 
 (2.) Provided that until any such scheme takes effect the said property shall 
 continue to be held, managed, and enjoyed as heretofore in like manner as 
 if a scheme of the Charity Commissioners, in pursuance of this Act, had pro- 
 vided for such holding, management, and enjoyment, and for that purpose the 
 persons managing the property shall continue in like manner as it' they were 
 a body constituted bv the scheme for the administration of such property, but 
 the legal estate in the property shall vest in the official trustees. 
 
 4. Nothing in this Act shall prevent the application to any place of any 
 charter applying the Municipal Corporation Acts which Her Majesty may be 
 pleased to grant, or afifect anything done in pursuance of those Acts or any 
 scheme thereunder, and shall not affect the operation of any such charter, 
 thing, or scheme ; save that nothing in the said Acts or scheme shall aiithorise 
 the establishment or continuance of any court for the trial of civil actions. 
 
 (2.) Nothing in this Act shall affect the right to the benefit of any charity 
 or shall alter or confer any power of altering the defined charitable purposes 
 (if any) to which any property is by law applicable at the passing of this 
 Act. 
 
 5. "^Tiereas the Commissioners of 1876 reported that the places mentioned 
 in the first part of the First Schedule to this Act might be dealt with by 
 being subjected to the provisions of the Municipal Corporations Act, 1835, 
 and the Acts amending the same, as if they were mentioned in Sfihedule B. of 
 the Municipal Corporations Act, 1835 : Be it therefore enacted as follows : 
 
 (1.) As soon as conveniently may he after the passing of this Act, the Privy 
 Council shall cause an inquiry to be made into the expediency of advising Her 
 Majesty to grant a charter extending the Municipal Corporations Acts to the 
 several places mentioned in the first part of the First Schedule to this Act, and 
 also whether it is expedient that any adjoining district not included in the 
 existing corporations shall be included in the places to which such charters 
 may be granted, and shall report to Her Majesty thereon. 
 
 (2.) The expenses of such inquiry shall be regulated by the Commissioners 
 of Her Majesty's Treasury, and paid out of moneys provided by Parliament. 
 
 (3.) Nothing in this section shall require an inquiry to he held with respect 
 to any place with respect to which a similar inquiry has been held since the 
 first day of January one thousand eight hundred and seventy-nine. 
 
 6. The Privy Council, upon being satisfied by any applicants after inquiry 
 that it is expedient for the public so to do, may, by order, provide for retain- 
 ing any court leet or other court or any officer, whether as returning officer for 
 the return of members to serve in Parliament, or as town clerk for the purpose
 
 244 THE EXGLISII MUXICIPAL CODE. 
 
 of the registration of parliamentary voters, or otherwise, and for the appoint- 
 ment of any oflicer so retained, subject in every case to such exceptions, 
 restrictions and modifications ar* seem expedient. 
 
 (2.) Subject to the provisions of any Order of the Privy Council, any 
 person who at the passing of this Act holds an office by virtue of which he is 
 such returning officer or town clerk as aforesaid may, during the time limited 
 for the tenure of his office, continue to perform the duties of such returning 
 officer or town clerk as aforesaid, and on the expiration of such time, or his 
 otherwise ceasing to perform the duties, the said duties shall, so far as regards 
 the returning officer, be performed in manner provided by the Act of the 
 session of the seventeenth and eighteenth years of the reign of Ilor present 
 Majesty, chapter fifty seven, intituled " An Act to amend the law relating to 
 the appointment of returning officers in certain cases," and so far as regards 
 the town clerk shall be performed by the person in the parliamentary borough 
 who is town clerk within the meaning of section one hundred and one of the 
 Parliamentary Kegistration Act, 1843. 
 
 7. Whereas there are local boards or improvement commissioners in some 
 of the places mentioned in the First Schedule to this Act, and the Com- 
 missioners of 1876 reported that it might be expedient to establish local boards 
 in other of such places : Be it therefore enacted as follows : 
 
 (1.) Where any part of any of the places mentioned in any of the 
 schedules to this Act is comprised in the district of any local board or 
 improvement Commissioners, whether established before or after the 
 passing of this Act, and Her Itlajesty is not pleased to grant a charter to 
 such place, the Local Government Board, after such local inquiry as they 
 think expedient, may, at any time before any corporation in the said 
 place becomes abolished by this Act, make such scheme as might be made 
 by the Committee of Council under part eleven of the Municipal 
 Corporations Act, 1882 : 
 
 (2.) Sections two hundred and thirteen and two hundred and fourteen 
 of and the Seventh Schedule to that Act shall, so far as is consistent with 
 the tenour thereof, apply accordingly as if they were herein re-enacted, 
 with the substitution of the Local Government Board for the Committee 
 of Council, and of the said district for borough, and with a limitation to 
 the purposes of this section : 
 
 (3.) A scheme may be made as aforesaid for the purpose of amending 
 any previous scheme under this section : 
 
 (4.) Sections two hundred and ninety-four, two hundred and ninety- 
 five, and two hundred and ninety-six of the Public Health Act, 1875, 
 shall, so far as is consistent with the tenour thereof, ajjply to any local 
 inquiry held by order of the Local Government Board for the purposes of 
 this section. 
 
 8. (1.) The Charity Commissioners may provide, by the appointment of 
 interim trustees and otherwise, for the security and proper management and 
 application of the propertj", for the application of which such Commissioners 
 have, or maj* in certain events have, power under this Act to make a scheme. 
 
 (2.) If any such property has after the first day of March one thousand 
 eight hundred and eighty-three, and before the date at which a charter or a 
 scheme under this Act, or the Municipal Corporations Act, 1882, as the case 
 may be, takes effect, been alienated by way of sale, mortgage', grant lease, 
 charge, or otherwise, and such alienation has not been made in pursuance of 
 some covenant, contract, or agreement bo)id Jide made or entered into on or 
 before the said first day of March, or of some resolution duly entered in the 
 Corporation books of the Corporation on or before the said first day of March, 
 or in pursuance of any right saved by this Act, and such alienation has been 
 made collusively and for no consideration, or for insufficient consideration, 
 such alienation may be set aside in the like proceedings (instituted with the 
 consent of the Charity Commissioners or of the Attorney General) and in like 
 manner as a lease of land of a charity granted without due consideration may 
 be set aside : Provided that if a charter is granted or a scheme made whereby 
 the pro})erty is affected, the said proceedings shall be commenced within one 
 year after the charter or scheme takes effect.
 
 APPENDIX. 246 
 
 (3.) Anything authorised by this Act to be done by the Charity Commis- 
 sioners may be done by an order of those Commissioners, which may be made in 
 like manner as if the property were the endowment of a charity and application 
 had been made as provided by the Charitable Trusts Acts, 1853 to 1869 ; and 
 an order of the Charity Commissioners may bo made at any time after the 
 passing of this Act, so, however, that the order shall not take effect until such 
 date as the Charity Commissioners fix as being, in their opinion, under the 
 circumstances of the case, most consistent with the purposes of this Act. 
 
 (4.) Any corporation or person directly affected by any order of the Charity 
 Commissioners under this Act in relation to any property made before a scheme 
 under this Act has provided for the application of such property, or directly 
 affected by the order of the Charity Commissioners which first establishes a 
 scheme providing for the application of such property, may, if aggrieved by 
 the order, appeal (except as herein-after provided) to the Privy Council, and 
 the Privy Council after considering the objections to the order and, if it seem 
 necessary, hearing the parties, may make such order as in their opinion the 
 Charity Commissioners ought to have made, and such order shall have the 
 same effect under this Act as if made by the Charity Commissioners, and an 
 appeal shall not lie to the High Court of Justice under the Charitable Trusts 
 Acts, 1853 to 1869, against any order against which an appeal to the Privy 
 Council can be had in pui'suance of this enactment. 
 
 (5.) After a scheme has been made under this Act providing for the applica- 
 tion of any property the Charitable Trusts Acts, 185i to 1869, shall apply in 
 all respects as if the scheme were a scheme made in pursuance of those Acts, 
 and the property shall for the purpose of those Acts be deemed to be the 
 endowment of a Charity. 
 
 9. (1.) All property by this Act vested in the official trustees or any body 
 corporate or persons shall, so far as the same can be transferred by this Act, 
 be transferred by virtue of this Act, and so far as the same cannot be so trans- 
 ferred, be held in trust for those trustees, body corporate, or persons, and shall 
 be vested for the same estate and interest, and subject to the same liabilities, 
 for and subject to which such property was held at the time immediately 
 before the same becomes bo vested. 
 
 (2.) For the purposes of this Act the expression "property" includes all 
 property, real and personal, and all things in action, and all rights of common 
 or commonable rights, and rights to toll, and all franchises, privileges, and 
 rights which have any pecuniary value, and all charters, records, deeds, books, 
 and documents, and includes any estate or interest, legal or equitable, in any 
 property as so defined ; and all property held, enjoyed, claimed, or administered 
 by any corporation, court, judge, or person, shall for the purposes of this Act 
 be deemed to be the property of such corporation or person. 
 
 (3.) All powei-s and duties conferred or imposed by any local Act of Parlia- 
 ment (including a Provisional Order confirmed by Parliament) on, and all 
 trusts administered by, any corporation abolished by this Act, or any ofiicers 
 or nominees of such corporation, either alone or jointly with other persons, 
 shall vest in and be exercised, and performed, and administered by such 
 persons as may be provided by a scheme under this Act, and until such scheme 
 takes effect by the same persons as at the passing of this Act. 
 
 (4.) Any question which may arise as to whether anything is property within 
 the meaning of this Act, or as to whether anything is vested in the official 
 trustees or any body corporate or persons as provided by this Act, shall in the 
 first instance be decided by the Charity Commissioners, subject, nevertheless, 
 to an appeal to the High Court of Justice, as provided by section eight of the 
 Charitable Trusts Act, 1860, and such appeal may be presented by any person 
 interested or claiming to be interested in the property, and the provisions of 
 this Act with respect to an appeal to the Privy Council shall not apply. 
 
 10. (!•) Every person who now is or hereafter maybe an inhabitant of any 
 borough mentioned in any of the schedules to this Act, and also every person 
 who has been admitted or might hereafter have been admitted a freeman or 
 burgess of any such borough if this Act had not been passed, or who now is 
 or hereafter may be the wife or widow or son or daughter of any freeman 
 or burgess, or who may have espoused or may hereafter espouse the daughter
 
 -^46 THE ENGLISH MUNICIPAL CODE. 
 
 or widow of any freeman or burgess, or who has been or may hereafter be 
 bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy 
 the same share and benefit of the lands, tenements, and hereditaments, and of 
 the rents and profits thereof, and of the common lands and public stock of any 
 such borough or any municipal or other corporation thereof, and of any lands, 
 tenements, and hereditaments, and any sum or sums of money, chattels, 
 securities for money, or other personal estates of which any person or any cor- 
 poration maybe seised or possessed in whole or in part for any charitable uses 
 or trusts, as fully and effectually, and for such time and in such manner as he 
 or she by any statute, charter, byelaw, or custom in force at the time of passing 
 this Act might or could have had, acquired, or enjoyed in case this Act had 
 not been passed : Provided that — 
 
 {(t.) The total amount to be divided amongst the persons whose rights 
 are herein reserved in this behalf shall not exceed the surplus which shall 
 remain afterpayment of the interest of all lawful debts chargeable upon 
 the real or personal estate out of which the sums so to be divided have 
 arisen, together with the salaries of municipal officers, and all other lawful 
 expenses, which on the first day of March one thousand eight bundled 
 and eighty-three, were defrayed out of or chargeable upon the same : 
 
 {Ji.) Nothing hereinbefore contained shall be construed to apply to any 
 claim, rjght, or title of any burgesses or fi-eemen, or of any person, to any 
 discharge or exemption from any tolls or dues levied wholly or in part by 
 or to the use or benefit of any borough or corporation ; and after the 
 passing of this Act no person shall have or be entitled to claim thence- 
 forward any discharge or exemption from any tolls or dues lawfully levied 
 in whole or in part by or to the use of any corporation except as herein- 
 after is excepted : 
 
 {c.) Nevertheless, every person who on the said first day of March was 
 an inhabitant or was entitled to be admitted a freeman or burgess of any 
 borough mentioned in any of the schedules to this Act, or who on the said 
 lirst day of March was the wife or widow, son or daughter, of any freeman 
 or burgess of any such borough, or who on the said first day of March was 
 bound an apprentice, shall be entitled to have or acquire and enjoy the 
 same discharge or exemption from any tolls or dues lawfully levied in 
 whole or in part by or to tho use of any borough or corporation as fully 
 and for such time and in such sort as he or she by any statute, charter, 
 byelaw, or custom in force on the first day of March might or would have 
 had, acquired, and enjoyed the same if this Act had not been passed, and 
 no further or otherwise : 
 
 {d.) Where, by any statute, charter, byelaw, or custom in force at the 
 time of passing this Act within any of the boroughs mentioned in any of 
 the schedules to this Act, any person whose lights in this behalf are herein 
 reserved would have been liable in case this Act had not been passed to pay 
 any fine, fee, or sum of money to any corporation, or to any member, 
 officer, or servant of any corporation, in consideration of his freedom, or of 
 his or her title to such rights as ai-e herein reserved, no such person shall 
 be entitled to have or claim any share or benefit in respect of the rights 
 herein reserved as aforesaid until he or she shall hive piiid the full amount 
 of such fine, fee, or sura of money to the treasurer of such borough, elected 
 under the Municipal Corporations Act, 1882, or to such other person as 
 may be appointed in that behalf by a scheme under that Act or under this 
 Act: 
 
 (f.) Nothing in this Act contained shall be construed to entitle any 
 person to any share or benefit of the rights herein reserved who shall not 
 have first fulfilled every condition which, if this Act had not passed, would 
 have been a condition precedent to his or her being entitled to the benefit 
 of such rights, so far as the same is capable of being fulfilled according to 
 the provisions of this Act, or to strengthen, confirm, or affect any claim, 
 right, or title of any burgesses or freemen of any borough or corporation, 
 or of any person, to the benefit of any such rights as are hereinbefore 
 reserved, but the same in every case may be brought in question, im- 
 peached, and set aside in like manner as if this Act had not been passed. 
 
 (2.) From and after the passing of this Act no person shall be elected, made.
 
 ATPEXBIX. 247 
 
 or admitted a burgess or freeman of any borough mentioned in any of the 
 schedules to this Act by gift or purchase. 
 
 (3.) Every scheme under the Municipal Corporations Act, 1882, or this Act, 
 shall, if need be, provide for carrying this si ction into effect, and for the 
 enrolment of persons from time to time entitled under this section, and a 
 scheme may be made for that purpose or for the purpose of managing any 
 property to which the said persons may be for the time being entitled. 
 
 11. (!•) If any person alleges that he is by virtue of this Act deprived of 
 any emolument or pecuniary profit, or any other profit of a pecuniary value, 
 he may apply to the Local Government Board, and that Board, if satisfied that 
 the allegation is true, and that under all the circumstances the applicant 
 ought, if deprived thereof, to receive compensation for the same, may order 
 that he shall continue to enjoy such emolument or profit, or shall receive such 
 compensation for the same as the Board may think just, and if the compensa- 
 tion is pecuniary, the money shall (and if necessary from time to time) be 
 raised in such manner or paid out of such funds (being, so far as may be, the 
 same manner or funds in or out of which the emolument or profit was pre- 
 viously raised or paid) as the order directs. 
 
 (2.) All liabilities of any corporation, court, judge, or officer abolished by 
 this Act, existing at the time of such abolition, shall be discharge d out of the 
 same funds and in the same manner, as near as maj' be, as they would have 
 been if this Act had not passed ; and the Local Grovernment Board, on the 
 application of any person interested, may by order provide in such manner as 
 they think expedient for the discharge of such liabilities. 
 
 (3.) For the purposes of this section, a rate, toll, or due may continue to be 
 levied, and may be made, assessed, levied, and collected by such persons as the 
 Local Government Board direct, in like manner as if they were the persons 
 who, if this Act had not passed, would have been authorised to make, assess, 
 and levy such rate, toll, or due. 
 
 (4.) An order under this section may be made an order of the High Court of 
 Justice, and may be enforced accordingly. 
 
 12. Nothing in this Act shall be in derogation of any power otherwise 
 vested in the Committee of Council, or the Charity Commissioners, and the 
 Committee of Council and Charity Commissioners may exercise for the pur- 
 poses of this Act all powers otherwise vested in them in relation to boroughs 
 and charities respectively. 
 
 13. With respect to any cinque port or ancient town or mombsr of a cinque 
 port mentioned in the schedules to this Act, the following provisions shall 
 have effect : — 
 
 (1.) Nothing in this Act shall diminish the jurisdiction of the Court of 
 Admiralty of the Cinque Ports within the boundaries defined by the Act 
 of the session of the first and second yeai-s of the reign of King George 
 the Fourth, chapter seventy-six, intituled "An Act to continue and 
 *' amend certain Acts for preventing the various frauds and depredations 
 '* committed on merchants, shipowners and underwriters hj boatmen and 
 " others within the jurisdiction of the Cinque Ports ; and also for remedy- 
 " ing certain defects relative to the adjustment of salvage under a statute 
 " made in the twelfth year of the reign of Her late Majesty Queen Anne," 
 or of any commissioners appointed in pursuance of that Act : 
 
 (2.) Nothing in this Act shall increase the authority or jurisdiction 
 which any cinque port, or any court, justice, or officer of a cinque port, 
 has over any member of a cinque port, notwithstanding that that member 
 is, in pursuance of this Act, no longer corporate i 
 
 (3.) The non-corporate members of any such cinque port or ancient 
 town shall form part of the body of the county, and hundred, and other 
 division in which those members are respectively situate. 
 
 14. In the event of a charter not being granted to Winchelsea the property 
 of the corporation of Winchelsea shall continue to be held, managed, and 
 enjoyed as heretofore, in like manner as if a scheme of the (jharity Commis- 
 sioners, in pursuance of this Act, had provided for such holding, management
 
 248 THE ENGLISH MUXICIPAL CODE. 
 
 and enjoyment, and for that purpose the corporation of Winchelsea shall con- 
 tinue undissolved in like manner as if it were onnstituted hy the said scheme ; 
 and, notwithstanding anything in this Act, AVinchelsea shall continue to be 
 entitled an ancient town of the Cinque Ports. 
 
 15- (1-) Every body referred to in the First Schedule to this Act shall, not- 
 withstanding any mistake in the name or descriijtion thereof, be subject to 
 this Act, as a corporation, and be deemed to be a local authority within the 
 meaning of section two hundred and thirteen of the Municipal Corporations 
 Act, 1882. 
 
 (2.) Any mayor, jurat, recorder, justice of the peace, coroner, bailiff, 
 sergeant, inspector, or constable, or any other officer by whatever name called, 
 having or claiming the authority of any judge or officer above named, shall be 
 deemed to be included iu this Act in the expression judge or officer as the case 
 may be. 
 
 (3.) "Where in any report of the Commissioners of 1834, or in any report 
 of the Commissioners of 1876, any corporation, court, sessions, judge, recorder, 
 justice, coroner, constable, inspector, authority, or officer, or any franchise, 
 privilege, right, or exemption, or any iToperty, is mentioned in connection 
 with any place mentioned in the schedules to this Act, that mention shall be 
 evidence that the same is subject to this Act. 
 
 16. (1-) Nothing in this Act shall affect the right enjoyed by any person 
 at the passing of this Act to vote for any member or members to serve in 
 Parliament. 
 
 (2.) The abolition by this Act of any jurisdiction shall not affect anything 
 done in pursuance of such jurisdiction before it is abolished ; any offence 
 committed before such abolition may be prosecuted, tried, and punished as if 
 the jurisdiction had been abolished at the time when the offence was committed. 
 
 17. Whereas it appears from the Report of the Commissioners of 1876, that 
 doubt exists as to whether the corporation mentioned in Part II. of the First 
 Schedule to this Act, as existing or reputed to exist in Romney Marsh, is a 
 municipal corporation, and it is expedient to make such provision respecting 
 the same and respecting the lords bailiff and jurats of Eomney Marsh as 
 hereinafter contained : Be it therefore enacted as follows : 
 
 (1.) The reputed corporation of the bailiff jurats and commonalty of 
 Eomney Marsh shall, notwithstanding anything in this Act, continue to 
 exist, and to elect officers, and to hold the property vested in them, but 
 any such corporation shall not have or exercise any municipal rights or 
 powers ; and all property vested in such corporation shall continue to be 
 applicable for the purposes to which it is at present by law applicable 
 or otherwise for the benefit of the inhabitants of the said place. 
 
 (2.) Notwithstanding anything in this Act, the bailiff and justices of 
 the corporation of Eomney Marsh shall continue to bo appointed and 
 elected, as nearly as may be, in like manner a.s heretofore, and to have 
 authority as justices in like manner as if they were justices assigned 
 by a commission from Her Majesty in a liberty not having a separate 
 court of quarter sessions. 
 
 (3.) The reputed corporation of the lords bailiff and jurats of Romney 
 Marsh ehall not be deemed a municipal corporation, and notwithstanding 
 anything in this Act shall continue to exist, to elect officers, to hold the 
 property vested in them, and to exercise the same powers as heretofore, 
 and all property vested in such corporation shall continue to be ajiplicable 
 for the i)urpose8 to which it is at present by law applicable or otherwise 
 for the benefit of the inhabitants of the said place. 
 
 18, "Whereas it appears from the Eeport of the Commissioners of 1876 that 
 doubt exists whether the corporation of Ilavering-atte- Bower is a municipal 
 corporation, and whether an Order in Council for the union of Havering- 
 atto- Bower to the county of Essex might be made in pursuance of the Act 
 of the session of the thirteenth and fourteenth years of the reign of Her 
 present Majesty, chapter one hundred and tive, intituled " An Act for 
 facilitating the union of liberties with the counties in which they are
 
 APPENDIX. 249 
 
 situate," upon the petition of the justices of the said county, without any 
 petition from the justices of Havering-atte-Bo-wer ; Be it therefore enacted 
 as follows : 
 
 Nothing in this Act shall be deemed to apply to Havoring-atte-Bower or to 
 the justices or corporation or reputed corporation thereof, save that it shall 
 bo lawful that an Order in Council be made for uniting Havering-atte- Bower 
 to the county of Essex, in pursuance of the recited Act, upon the petition 
 either of the justices of the said county or of the justices of Havering-atte- 
 Bower. 
 
 19, Notwithstanding anything in this Act, the corporation referred to in 
 the Alnwick Corporation Act, 1 882, shall continue to be a corporation and to 
 hold and administer the property vested in such corporation at the passing of 
 this Act, and shall apply the same for the purposes mentioned in the said 
 Alnwick Corporation Act, 1882, and the maintenance as heretofore of the 
 Corporation schools, or for any other public or charitable purposes ; and the 
 provisions of this Act with respect to an inquiry by the Privy Council or 
 the Local Government Board, or with respect to a scheme by the Local 
 Government Board, shall not apply to Alnwick, and this Act shall not affect 
 the provisions of the said Alnwick Corporation Act, 1 882. 
 
 20, ^Vhereas in Laugharne and Malmesbury divers members of the 
 Corporation, whether called burgesses, landholders, or any other name, have 
 the right to occupy without rent or at low rents certain property belonging 
 to the Corporation, and it is expedient to make provision with respect to such 
 propery, be it enacted as follows : 
 
 (1.) In the event of a charter not being granted to Laugharne or 
 Malmesbury, the property of the corporation of the place to which a 
 charter is not so granted shall continue to be held, managed, and enjoyed 
 as heretofore, in like manner as if a scheme of the Charity Commissioners, 
 in pursuance of this Act, had provided for such holding, enjoyment, and 
 management, and for that purpose the corporation in the said place shall 
 continue undissolved in like manner as if it were constituted by the said 
 scheme. 
 
 (2.) The corporation of such place, subject to the approval of the 
 Charity Commissioners, may sell all or any of the property of the corpora - 
 tion for the best price that may be got for the same ; and, after com- 
 pensating or saving the rights of any person in such property, whether 
 existing or prospective, may pay the proceeds to any public authoi'ity in 
 the locality, to be applied by such authority for the benefit of the in- 
 habitants of the said place. 
 
 (3.) The provisions of this Act and of the Municipal Corporations Act, 
 1882, for saving the rights and interests of freemen and of persons who 
 might have become freemen shall extend to the rights and interests of 
 persons who are or if this Act had not passed might have become land- 
 holders, assistant burgesses, or capital burgesses in Malmesbury, and for 
 that purpose freemen of Malmesbury may continue to be elected land- 
 holders, assistant burgesses, and capital burgesses. 
 
 21. Whereas it appears from the report of the Commissioners of 1876 that 
 the office of mayor of Newport (Pembroke) is purely honorary, and that the 
 corporation has no revenue and no municipal function : Be it therefore enacted 
 as follows : 
 
 Nothing in this Act shall be deemed to prevent the election of the mayor of 
 Newport (Pembroke) as heretofore, or to dissolve the corporation of Newport 
 (Pembroke), or deprive the lord of the manor or the burgesses of any tolls, 
 rights of common, or other rights of a pecuniary value. 
 
 22. Whereas it appears from the Eeport of the Commissioners of 1876 that 
 the corporation of Over has no revenue, and no municipal function, and that 
 the mayor of Over, elected at the court leet, has a magisterial but no other 
 jurisdiction: Be it therefore enacted as follows: 
 
 Nothing in this Act shall be deemed to prevent the holding of the court leet, 
 and the election by such court of the mayor of Over as heretofore, but such
 
 250 THE EXGLISn MUXICIPAL CODE. 
 
 mayor shall not, as such, have the jurisdiction of a justice, whether for criminal, 
 licensing, or any other purpose. 
 
 23. ^^^lerea9 it appears from the report of the Commissioners of 1876 that 
 thu corporation of Altrincham has no municipal function, and that the mavor 
 of Altrincham elected at the court leet has no jurisdiction, be it therefore 
 enacted as follows : 
 
 Nothing in this Act shall be deemed to prevent the holding of the court leet 
 and the election by such court of the mayor of Altrincham as heretofore, but 
 such mayor shall not have any jurisdiction magisterial, municipal, or other. 
 
 24. Nothing in this Act shall deprive the lord of the manor of Corfe of 
 any title enjoyed by him under any charter. 
 
 25. (1.) Nothing in this Act shall diminish the liability of the owner or 
 occupier of any tenement to any rent or sum payable under any charter granted 
 to any corporation mentioned in the Schedules to this Act, and any person 
 entitled to receive such rent or sum shall have the same right and remedy for 
 recovering the same as prior to the passing of this Act, and also upon the 
 abolition by this Act of the corporation under the charter shall have the power 
 of such corporation or of any officer of such corporation to enforce payment of 
 such rent or sum. 
 
 (2.) The provisions of this section and of the other parts of this Act for 
 protecting the rights of persons interested shall have effect in favour of Iler 
 Majesty, her h^irs and successors, and of any body corporate, not being a 
 corporation abolished by this Act, in like manner as if Her Majesty, her heirs 
 and successors, and such body corporate, were included in the term" person. 
 
 (3.) Nothing in this Act shall afifect the legal proceedings pending at the 
 passing of this Act on the information of the Attorney General against the 
 corporation of the mayor and burgesses of Holt, and certain members of that 
 corporation, and for the purpose of such proceedings the said corporation shall 
 continue to be and to act as a corporation, and the mayor, bailiffs, and burgesses 
 shall continue to be elected and appointed in like manner as if this Act had not 
 passed, and any liabilities of such corporation under any judgment, decree, or 
 order in such legal proceedings shall be deemed for the purposes of this Act to 
 be liabilities of the corporation existing at the time of the abolition thereof. 
 
 26. (1-) So much of any Act, law, charter, or usage as is inconsistent with 
 this Act is hereby repealed. 
 
 (2.) The Act of the session of the seventeenth and eighteenth years of the 
 reign of Her present Majesty, chapter seventy-one, intituled «"' An Act to 
 amend the law concerning the making of borough rates in boroughs not 
 within the Municipal Corporation Acts," shall, on and after the first day of 
 January one thousand eight hundred and eighty-six, or such later day, not 
 after the first day of September one thousand eight hundred and eighty-six, as 
 Her Majesty in Council may appoint, be repealed, without prejudice to any 
 rate previously made in pursuance of that Act, and without prejudice to the 
 making of any rate which is by this Act authorised to bo made ; and any such 
 rate may bo made, levied, collected, and applied, as nearly as may be, as if the 
 said Act had not been repealed. 
 
 27. In this Act, unless the context otherwise requires, — • 
 
 The expression " Privy Council " means the Lords of Her Majesty's 
 most Honourable Privy Council, or any two of them ; 
 
 The expression " Committee of Council " means a Committee of the said 
 Lords : 
 
 The expression "Municiiml Corporation Acts" has the same meaning 
 as in the Municipal Corporations Act, 1882 : 
 
 The expression " Charity Commissioners " means the Charity Commis- 
 sioners for England and Wales : 
 
 The expression " official trustees " means, as respects real property the 
 official trustee of charity lands, and as respects all other propertv the 
 official trustees of charitable funds, acting under the Charitable I'rusts 
 Acts, 1853 to 1869.
 
 APPENDIX. 
 
 261 
 
 SCHEDULES. 
 
 FIEST SCHEDULE. 
 Places beported ox by the Commissionbes of 1876. 
 
 Pakt I. 
 
 Places to which the Commissioners of 1876 consider that the Municipal 
 Corporation Acts might be applied. 
 
 Places. 
 
 Corporation or reputed Corporation. 
 
 ♦Aldeburgh 
 
 " The bailiff and burgesses of the borough of Alde- 
 
 
 burgh." 
 
 Alnwick . 
 
 *' The chamberlains, common council, and free- 
 men." 
 
 *Appleby . 
 
 " The mayor, aldermen, and capital burgesses." 
 
 *Bishop's Castle. 
 
 "The bailiff and burgesses of the borough of 
 
 
 Bishop's Castle," 
 
 Bradniach 
 
 " The mayor and burgesses of the borough of 
 
 
 Bradninch." 
 
 *Christchurch . 
 
 " The mayor and burgesses of the borough of Christ- 
 
 
 church.'' 
 
 *Henley-on-Thames . 
 
 ' ' The mayor, aldermen, bridgemen, and burgesses 
 
 
 of Henley-on-Thames." 
 
 *Kidwelly . 
 
 " The mayor, aldermen, bailiffs, and burgesses." 
 
 ♦Llanfyllin 
 
 "The bailiffs and bui-gesses of the borough of Llan- 
 
 
 fallin." 
 
 *Lostwitliiel 
 
 " The mayor and burgesses of Lostwithiel." 
 
 *Lydd 
 
 " The bailiffs, jurats, and commonalty of the town 
 
 
 of Lydd." 
 
 *Malmesbury 
 
 "The aldermen and burgesses of the borough of 
 
 
 Malmesbury." 
 
 ♦Montgomery . 
 
 " The bailiffs and burgesses of the borough of 
 
 
 Montgomery." 
 
 *N'ew Eomney . 
 
 "The mayor, jurats, and commonalty of the town 
 
 
 and port of New Eomney." 
 
 *Okelianipton . 
 
 " The mavor and burgesses of the town and borough 
 
 
 of Okehampton." 
 
 Over. 
 
 "The mayor of Over." 
 
 *Queenborough . 
 
 " The mayor, jurats, bailiffs, and burgesses of Quin- 
 
 
 borowo." 
 
 Radnor 
 
 " The bailiff, aldermen, and burgesses of New 
 
 
 Radnor." 
 
 *Saltash . 
 
 " The mayor and free burgesses of the borough of 
 
 Saltash." 
 < * The warden and society of the royal town of 
 
 *Sutton Coldfield 
 
 
 Sutton Coldfield." 
 
 *Wareham. 
 
 " The mayor, capital burgesses, and assistants of the 
 
 
 borough of "NVareham." 
 
 *Wilton . 
 
 " The mayor and burgesses of the borough of 
 
 
 Wilton." 
 
 These Boroughs and Towns have since received charters placing them under the 
 
 Act of 1882.
 
 252 
 
 THE EXGLISH MUXJCIPAL CODE. 
 
 Places. 
 
 *Wokingham 
 •Woodstock 
 "Wootton Bassett 
 
 Corporation or reputed Corporation. 
 
 " The aldormcn and Lurgesses of the town of 
 
 '\V'okin<,'ham." 
 "The mayor and commonalty of the borough of 
 
 New Woodstock." 
 " The mayor, aldermen, and burgesses of the borough 
 
 of Wootton Bassott." 
 
 Taut II. 
 
 Tlaccs not meniiotjed by the Commissioners o/1876 as places to which the Municipal 
 
 Corporation Acts might be applied. 
 
 Places. 
 
 Alrejford 
 Altrincham 
 
 Axbridge . 
 
 Berkeley . 
 
 Bovey Tracey 
 *Brackley . 
 
 Bra ding . 
 
 Camelford. 
 
 Chipping Campden 
 
 Corfc Castle 
 * Cow bridge 
 
 Dinas Mawddwy 
 Dunwich . 
 
 Dursley . 
 East Looe. 
 
 Fordwich . 
 
 Garstang . 
 
 Great Dunmow 
 
 Harton 
 Havering-atte-Bower 
 
 *Higham Ferrers 
 
 Corporation or reputed Corporation. 
 
 " Bailiff and burgesses of New Alresford." 
 
 "The mayor, aldermen, and burgesses of the 
 
 borough of Altrincham." 
 " The mayor, aldermen, and burgesses of the 
 
 borough of Axbridge." 
 "The mayor and aldermen of the borough of 
 
 Berkeley." 
 " The mayor and freeholders of Bovey Tracey." 
 " Tho mayor, aldermen, and burgesses of the 
 
 borough of Brackley." 
 " The bailifls, burgesses, and commoners of the 
 
 borough of Brading." 
 "The mayor and burgesses of the vill of Camel- 
 ford." 
 " The high steward, deputy steward,, treasurer, 
 senior bailiflF, junior bailiff,and capital and inferior 
 burgesses of Chipping Campden." 
 "The mayor, barons, and inhabitants of Corfo." 
 " The bailiffs, aldermen, and burgesses of the town 
 
 of Cowbridgo." 
 " The mayor and burgesses of Dinas ]\[awddwy." 
 " The bailifls, burgesses, and commonalty of the 
 
 borough and corporation of Dunwich," 
 " Tho bailiflt" and aldermen of Dursley." 
 ' ' The mayor and free burgesses of the borough of 
 
 East Looc." 
 " The mayor, jurats, and commonalty of the town 
 
 of Fordwich," 
 " The bailiff and burgesses of the borough of 
 
 Garstang." 
 " The bailitf and burgesses of tho borough of Great 
 
 Dunmow." 
 " The portreeve and burgesses of Ilarton." 
 " Tiie tenants and inhabitants of the lordship or 
 
 manor of Ilaveriug-atte-Bower." 
 " The mayor, aldermen, and burgesses of the borough 
 and parish of Higham Ferrers." 
 
 • These boronglis and towns have since received charters placing tliem under the 
 Act of 1882.
 
 APPENDIX. 
 
 253 
 
 Places, 
 
 Corporation or reputed Corporation. 
 
 Holt 
 
 " The mayor and burgesses of Holt." 
 
 Ilchester . 
 
 " The biiiliff and burgesses of Ilchester." 
 
 Kenfig 
 
 " The constable of the castle, portreeve, and 
 
 
 burgesses of Kenfig." 
 
 Kilgerran 
 
 " The portreeve and burgesses of Kilgerran." 
 
 •Lampeter . 
 
 " The burgesses of the borough of Lampeter Pont 
 
 
 Stephen." 
 
 Langport Eastover . 
 
 " The portreeve and commonalty of the borough of 
 
 
 Langport." 
 
 Laugharne 
 
 " The portreeve and burgesses of the town and 
 
 
 corporation of Laugharne." 
 
 Llantrissant 
 
 " The constable of the castle, portreeve, aldermen, 
 
 
 and burgesses of Llantrissant." 
 
 Loughor . 
 
 " The portreeve, aldermen, and burgesses of the 
 
 
 borough of Loughor." 
 
 Marazion . 
 
 "The mayor, burgesses, and inhabitants of the 
 
 
 town of Marazion." 
 
 Nevin 
 
 " The mayor, bailiffs, and burgesses of the town and 
 
 
 borough of Nevin." 
 
 Newport (Salop) 
 
 " The high steward, bailiffs, and burgesses of New- 
 
 
 port." 
 
 Newport (Pembroke) 
 
 " The mayor, aldermen, and burgesses of the borough 
 
 
 of Newport." 
 
 Orford . 
 
 ' ' The mayor and commonalty of the borough of 
 
 
 Orford." 
 
 Overton. . 
 
 " The bm-gesses of Overton." 
 
 Petersfiold 
 
 "The mayor of Petersfield." 
 
 Pevensey . 
 
 "The bailiff, jurats, and commonalty of the town 
 
 
 and liberty of Pevensey." 
 
 Romney Marsh . 
 
 " The bailiff, jurats, and commonalty." 
 
 St. Clear's 
 
 " The burgesses and commonalty of St. Olear's." 
 
 Seaford 
 
 " The bailiff, jurats, and freemen of the town and 
 
 
 port of Seaford." 
 
 Thornbury 
 
 " The bailiff and aldermen of Thornbury." 
 
 Usk .... 
 
 " The portreeve and burgesses of Usk." 
 
 "Westbury . 
 
 " The mayor and burgesses of Westbury." 
 
 Wickwar . 
 
 " The mayor and aldermen of Wickwar.' 
 
 Winchcomb 
 
 " The bailiffs and burgesses of Winchcomb." 
 
 Winchelsea 
 
 " The mayor, jurats, and commonalty of the ancient 
 
 
 town of Winchelsea." 
 
 Wootton-under Edge 
 
 " The mayor and aldermen of Wootton-under-Edge." 
 
 Yarmouth (Isle of 
 
 " The mayor and chief burgesses of the borough of 
 
 Wight) 
 
 Yarmouth." 
 
 * These boroughs and towns have since received charters placing them under 
 the Act of 1882.
 
 254 
 
 THE EXGLISH MUyiCIPAL CODE. 
 
 SECOND SCHEDULE. 
 
 Places in which the Commissioners of 1876 keport that a Municipal 
 Corporation has not existed or has become virtually extinct. 
 
 Part I. 
 
 Places mentioned in paragraph (15) of the Report of the Commissioners of 1876 
 as places ivhich either have not been municipal or have long since ceased to be so : 
 
 Bala 
 *Bangor. 
 Bridlington. 
 Chipping Sodbury. 
 Criccieth. 
 Crickhowell. 
 Famham. 
 Fishguard. 
 
 Fowey. 
 
 Grampound. 
 
 Harlech. 
 
 Hay. 
 
 Machynlleth. 
 
 Mid hurst. 
 
 Newborough. 
 
 Newton (Lancashire) 
 
 Presteign. 
 
 Ruyton. 
 
 St. David's. 
 
 Tavistock. 
 
 Weobley. 
 
 Wiston. 
 
 Part II. 
 
 Tlaces mentioned in paragraph (16) of the Report of the Commissioners of 1876, 
 as having had municipal corporations in 1835 : 
 
 Bossinny. 
 Caerwys. 
 Castle Rising. 
 Clun. 
 
 Llanelly. 
 Newtown (Isle of 
 
 Wight). 
 PlymiJton Earle. 
 
 RhudJlan. 
 Tregony. 
 West iiooe. 
 
 BOROUGH CONSTABLES ACT, 1883. 
 [46 & 47 Vict., Cii. 44.] 
 
 An Act to explain the effect of Section One hundred and ninety-five of the 
 Municipal Corporations Act, 1882. 
 
 [2oth August, 1883.] 
 
 Whereas doubts have arisen as to the effect of section one hundred and ninety- 
 five of the Municipal Corporations Act, 1882, and it is expedient to remove 
 such doubts : 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the advice 
 and consent of the Lords Spiritu il and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, as follows : 
 
 1, This Act may be cited as the Borough Constables Act, 1883. 
 
 2. Nothing in section one hundred and ninety-five of the Municipal Cor- 
 porations Act, 1882, shall be taken to have repealed section twenty of the 
 Town Police Clauses Act, 1847, or section twelve of the Prevention of Crimes 
 Act, 1871. 
 
 * This city has since received a charter placing it under the Act of 1882.
 
 ArPEXLIX. 
 
 256 
 
 ELECTIONS (HOURS OF POLL) ACT, 1884. 
 [47 & 48 Vict., Ch. 34.] 
 
 (Repealed and substantially re-enacted by 48 Vict. c. 10 (1885).^ 
 
 MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL 
 PRACTICES) ACT, 1884. 
 
 [47 & 48 YiCT. Ch. 70.] 
 
 Section. 
 
 1. Short title. 
 
 AREANGEMENT OF SECTIONS. 
 
 Corrupt Practices. 
 
 2. Definition and punisTiment of corrupt practice at municipal election. 
 
 3. Incapacity of candidate reported guilty of corrupt practice. 
 
 Illegal Practices. 
 
 4. Certain expenditure to be illegal practice. 
 
 5. Expense in excess of maximum to be illegal practice. 
 
 6. Voting by prohibited persons and publishing of false statements of 
 
 ■withdrawal to be illegal. 
 
 7. Punishment on conviction of illegal practice. 
 
 8. Incapacity of candidate rejjorted guilty of illegal practice. 
 
 Illegal Payment, Employment^ and Hiring. 
 
 Providing of money for illegal practice or payment to be illegal 
 
 payment. 
 Employment of hackney carriages, or of carriages and horses kept for 
 
 hire. 
 Corrupt withdrawal from a candidature. 
 
 12. Certain expenditure to be illegal payment. 
 
 13. Certain employment to be illegal. 
 Name and address of printer on placards. 
 Saving for creditors. 
 Use of certain premises for committee rooms or meetings to be illegal 
 
 hiring. 
 Punishment of illegal payment, employment, or hiring. 
 Avoidance of election for extensive illegal practices, &c. 
 
 10. 
 
 11 
 
 14. 
 15. 
 16. 
 
 17. 
 
 18.
 
 256 THE ENGLISH MUNICIPAL CODE. 
 
 Excuse and Exemption for Corrupt or lllef/id Practice or Illegal Payment 
 
 Employment, or Iliriny. 
 
 19. Report exonerating candidate in certain cases of corrupt and illegal 
 
 practice by agents. 
 
 20. Power of High Court and election court to except innocent act from 
 
 being illegal practice, &c. 
 
 21. Sending in claims and making payments for election expenses. 
 
 Disqualijication of Electors. 
 
 22. Prohibition of persons guilty of offences from voting. 
 
 23. Application of ss. 37 & 38 of 46 & 47 Vict. c. 51. 
 
 24. I^ist in burgess roll of persons incapacitated for voting by corrupt or 
 
 illegal practices. 
 
 Proceedings on Election Petitions. 
 
 25 Petition for illegal practice. Time for presentation of petition alleging 
 
 illegal practices. 
 20 Withdrawal of election petition. 
 
 27. Continuation of trial of election petition. 
 
 28. Attendance of Director of public prosecutions on trial of election petition, 
 
 and prosecution by him of offenders. 
 
 29. Power to election court to order payment by borough or individual of 
 
 costs of election petition. 
 
 Miscellaneous. 
 
 30. General provisions as to prosecution of offences vmder this Act. 
 
 31. Person incapacitated by conviction or report to vacate seat or oiBce. 
 
 32. Payment and recovery of costs. 
 
 33. Service of notices. 
 
 34. Definitions. 
 
 35. Application to city of London of Act and of Part IV. of 45 & 46 Vict. 
 
 c. 50. 
 
 Application of Act to other Elections. 
 
 36. Application of this Act and Part IV. of 45 & 46 Vict. c. 60, to other 
 
 elections. 
 
 37. Exemptions from provisions as to maximum expenses. 
 
 Repeal. 
 
 38. Repeal of Acts. 
 
 39. Commencement of Act. 
 
 Extent of Act. 
 
 40. Act not to extend to Scotland or Ireland. 
 
 41. Duration of Act. 
 Schedules.
 
 APrEXDIX. 257 
 
 [14th August, 1884.] 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 advice and consent of the Lords Spiritual and Temporal, and Commons, in 
 this present Parliament assembled, and by the authority of the same, as 
 follows ; (that is to say) 
 
 1. This Act may be cited as the Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884. 
 
 Corrupt Practices, 
 
 2. (1.) The expression "corrupt practice" in this Act means any of the 
 following offences, namely, treating, undue influence, bribery, and persona- 
 tion, as defined by the enactments set forth in Part one of the Third Schedule 
 to this Act, and aiding, abetting, counselling, and procuring the commission of 
 the oifence of personation. 
 
 (2.) A person who commits any corrupt practice in reference to a municipal 
 election shall be guilty of the like offence, and shall on conviction be liable to 
 the like punishment, and subject to the like incapacities, as if the corrupt 
 practice had been committed in reference to a parliamentary election. 
 
 3. (1.) Where upon the trial of an election petition respecting a municipal 
 election for a borough or ward of a borough it is found by the report of an 
 election court made in pursuance of section ninety-three of the Slunicipal 
 Corporations Act, 1882, that any corrupt practice, other than treating and 
 undue influence, has been proved to have been committed in reference to 
 such election by or with the knowledge and consent of any candidate at such 
 election, or that the offence of treating or undue influence has been proved to 
 have been committed in reference to such election by any candidate at such 
 election, that candidate shall not be capable of ever holding a corporate ofiice 
 in the said borough, and if he has been elected his election shall be void ; and 
 he shall further be subject to the same incapacities as if at the date of the 
 said report he had been convicted of a corrupt practice. 
 
 (2.) Upon the trial of an election petition respecting a municipal election 
 for a borough or ward of a borough in which a charge is made of anj' corrupt 
 practice having been committed in reference to such election, the election 
 court shall report in writing to the High Court whether any of the candidates 
 at such election has been guilty by his agents of a corrupt practice in reference 
 to such election, and if the report is that any candidate at such election has 
 been guilty by his agents of a corrupt practice in reference to such election, 
 that candidate shall not be capable of being elected to or holding any corporate 
 office in the said borough during a period of three years from the date of the 
 report, and if he has been elected, his election shall be void. 
 
 Illegal Practices. 
 
 4. (1-) ^o payment or contract for payment shall, for the purpose of pro- 
 moting or procnring the election of a candidate at a municipal election, be 
 made — 
 
 [(() on account of the conveyance of electors to or from the poll 
 whether for the hiring of horses or carriages, or for railway fares, or 
 otherwise ; or 
 
 {J)) to an elector on account of the use of any house, land, building, or 
 premises for the exhibition of any address, bill, or notice, or on account 
 of the exhibition of any address, bill, or notice ; or 
 
 (c) on account of any committee room in excess of the number allowed 
 by this Act (that is to say), if the election is for a borough one committee 
 room for the borough, and if the election is for a ward one committee 
 room for the ward, and if the number of electors in such borough or ward 
 exceeds two thousand, one additional committee room every two thousand 
 electors and incomplete part of two thousand electors, over and above the 
 said two thousand. 
 (2.) Subject to such exception as may be allowed in pursuance of this Act, 
 if any pajTuent or contract for payment is knowingly made in contravention 
 
 17
 
 258 THE EXGLISH MUXICIPAL CODE. 
 
 of tliis sccticm either before, during, or after a municipal election, the person 
 making suih payment or contraet shall he guilty of an illegal practice, and 
 any person receiving such payment or being a "party to any such contract, 
 knowing the same to be in contravention to this Act, shall also be guilty of 
 an illegal practice. 
 
 (■■J.) Provided that -where it is the ordinary business of an elector as an adver- 
 tising agent to exhibit for payment bills and advertisements, a payment to or 
 contract with, such elector if made in the ordinary course of business, shall not 
 be deemed to be an illegal ijractico within the meaning of this section. 
 
 5. (1.) Subject to such exception as may be allowed in pursuance of this 
 Act, no sum shall be paid and no expense shall be incurred by or on behalf of a 
 candidate at an election, whether before, during, or after an election, on 
 account of or in respect of the conduct or management of such election, save 
 that in the case of an election of a councillor a sum may be paid and expense 
 incun-ed not in excess of the maximum amount following ; (that is to say,) 
 
 The sum of twenty-five pounds, and, if the number of electors in the 
 borough or ward exceeds five hundred, an additional amount of threepence 
 for each elector above the first five hundi-ed electors. 
 
 (2.) Any candidate or agent of a candidate or person who knowingly acts in 
 contravention of this section shall be guilty of an illegal practice. 
 
 (3.) Where there are two or more joint candidates at an election the maximum 
 amount of expenses shall, for each of such joint candidates, ])e reduced by one 
 fourth, or if there are more than two jf>int candidates by one third. 
 
 (4.) Where two or more candidates at the election, by themselves or any 
 agent or agents, hire or use the same committee rooms for such election, or 
 employ or use the ser^^ces of the same clerks, messengers, or polling agent at 
 such election, or publish a joint address or joint circular or notice at such 
 election, those candidates shall be deemed for the purposes of this enactment 
 to be joint candidates at such election : Provided that — 
 
 (a.) The employment and use of the same committee room, clerk, mf>8- 
 senger, or polling agent, if accidental or casual, or of a trivial and 
 unimportant character, shall not be deemed of itself to constitute persons 
 joint cmdidates : 
 
 {b.) Nothing in this enactment shall prevent candidates from ceasing to 
 bo joint candidates : 
 
 {c.) Where any excess of expenses above the maximum allowed for one 
 of two or more joint candidates has arisen owing to his having ceased to 
 be a joint candidate, or to his having become a joint candidate after having 
 begun to couduct his election as a separate candidate, and such ceasing or 
 beginning was in good faith, and such excess is not more than under the 
 circumstances is reasonable, and the total expenses of such candidate do not 
 exceed the maximum amount allowed for a separate candidate, such excess 
 ^hall be deemed to have arisen from a reasonable cause within the meaning 
 of the enactments respecting the allowance by the High Court or election 
 court of an exception from the provisions of this Act which would other- 
 wise make an act an illegal practice, and the candidate may be relieved 
 accordingly from the consequences of having incurred such excess of 
 expenses. 
 
 6. (1.) If any person votes or induces or procures any person to vote at a 
 municipal election, knowing that he or such person is prohibited, whether by 
 this or any other Act, from voting at such election, he shall be guilty of an 
 illegal practice. 
 
 (2.) Any person who before or during a municipal election knowingly 
 publishes a false statement of the withdrawal of a candidate at such election 
 tor the purpose of promoting or procuring the election of another candidate 
 shall be guilty of an illegal practice. 
 
 (3.) Provided that a candidate shall not be liable, nor shall his election be 
 avoided, for any illegal practice under this section committed without his 
 knowledge and consent. 
 
 7. A person guilty of an illegal practice in reference to a municipal election 
 f^hall on summary conviction be liable to a fine not exceeding one himdred
 
 APPENDIX. 259 
 
 pounds and be incapable during a period of five years from the date of his coii- 
 victioa of being registered as an elector or voting at any election (whether it 
 be a parliamentary election or an election for a public office within the meaning 
 of this Act) held for or within the borough in which the illegal practice has 
 been committed. 
 
 8. (l-) An illegal practice within the meaning of this Act shall be deemed 
 to be an offence against Part Four of the Municipal Corporations Act, 
 1882, and a petition alleging such illegal practice may be presented and tried 
 accordingly. 
 
 (2.) Upon the trial of an election petition respecting a municipal election for 
 a borough or ward of a borough in which a charge is made of any illegal 
 practice having been committed in reference to such election, the election court 
 shall reiDort in writing to the High Court whether any of the candidates at such 
 election has been guilty by himself or his agents of an illegal practice in 
 reference to such election, and if the report is that a candidate at such election 
 has been guilty by himself or his agents of an illegal jjractice in reference to 
 such election, the candidate shall not be capable of being elected to or of 
 holding any corporate office in the said borough during the period for which 
 he was elected to serve" or for which, if elected, he might have served, and if 
 he was elected, his election shall be void ; and, if the report is that such 
 candidate has himself been guilty of such illegal practice, he shall also be 
 subject to the same incapacities as if at the date of the report he had been 
 convicted of such illegal practice. 
 
 Illegal Payment, Employment and Hiring. 
 
 9. Where a person knowingly provides money for any payment which is 
 contrary to the provisions of this Act, or for any expenses incurred in excess 
 of any maximum amount allowed by this Act, or for replacing any money 
 expended in any such payment, except where the same may have been 
 previously allowed in pursuance of this Act to be an exception, such person 
 shall be guilty of illegal payment. 
 
 10- (1.) A person shall not let, lend, or employ for the purpose of the 
 conveyance of electors to or from the poll at a municipal election, any public 
 stage or hackney carriage, or any horse or other animal kept or used for 
 drawing the same, or any carriage, horse, or other animal which he keeps or 
 uses for the purpose of letting out for hire, and if he lets, lends, or employs 
 such carriage, horse, or other animal, knowing that it is intended to be used 
 for the purpose of the conveyance of electors to or from the poll, he shall be 
 guilty of illegal hiring. 
 
 (2.) A person shall not hire, borrow, or use for the purpose of the con- 
 veyance of electors to or from the poll any carriage, horse, or other animal 
 which he knows the owner thereof is prohibited by this section to let, lend, or 
 employ for that purpose, and if he does so he shall be guilty of illegal hiring. 
 
 (3.) Nothing in this Act shall prevent a carriage, horse, or other animal 
 boing let to or hired, employed, or used by an elector, or several electors 
 at their joint cost, for the purpose of conveying him or them to or from the 
 poll. 
 
 (4.) No person shall be liable to pay any duty or to take out a license for 
 any carriage by reason only of such carriage being used without payment 
 or promise of payment for the conveyance of electors to or from the poll at an 
 election. 
 
 11. Any person who corruptly induces or procures any other person to 
 withdraw from being a candidate at a municipal election, in consideration of 
 any payment or promise of payment, shall be guilty of illegal payment, and 
 any person withdrawing in pursuance of such inducement or procurement shall 
 also be guilty of illegal payment. 
 
 12. (1.) No payment or contract for payment shall, for the piu-pose of 
 promoting or procuring the election of a candidate at a municipal election, be 
 made on account of bands of music, torches, flags, banners, cockades, ribbons, 
 or other marks of distinction.
 
 260 THE EXGLISII MUXICIPAL COLE. 
 
 (2.) Subject to such exception as may bo allowed in pursuance of this Act, 
 if any payment or contract for payment is made in contravention of this 
 section, either before, durinp;, or after an election, the person making Bu<h 
 payment shall be guilty of illegal payment, and any person being a party to 
 any such contract or i-eceiving such payment shall also bo guilty of illegal 
 payment if he knew that the same was made contrary to law, 
 
 13- (!•) No person shall, for the purpose of promoting or procuring the 
 election of a candidate at a municipal election, be engaged or employed for 
 payment or promise of payment for any purpose or in any capacity whatever, 
 except as follows (that is to f^ay), 
 
 (rt) a number of persons maj' be employed, not exceeding two for a 
 borough or ward, and if the number of electors in such borough or ward 
 exceeds two thousand one additional person may be employed for every 
 thousand electors and incomplete part of a thousand electors over and above 
 the said two thousand, and such persons may be employed as clerks and 
 messengers, or in either capacity ; and 
 
 [h) one polling agent may be employed in each polling station : 
 Provided that this section shall not apply to any engagement or employment 
 for carrying into effect a contract hu)ni fiilv made with any person in the 
 ordinarj' course of business. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this Act, 
 if any person is engaged or employed in contravention of this section, either 
 before, during, or after an election, the person engaging or employing him 
 shall be guilty of illegal emploj'ment, and the person so engaged or employed 
 shall also be guilty of illegal employment if he knew that he was engaged or 
 employed in contravention of this Act. 
 
 (3.) A person legally employed for payment under this section may or may 
 not be an elector, but may not vote. 
 
 14- Every bill, placard, or poster having reference to a municipal election 
 shall bear upon the face thereof the name and address of the printer and 
 pu>ilisher thereof ; and any person printing, publishing, or posting, or causing 
 to be jirinted, published, or posted, any such bill, placard, or poster as afore- 
 said, which fails to bear upon the face thereof the name and address of the 
 printer and publisher, shall, if he is a candidate, be guilty of an illegal 
 practice, and if he is not the candidate, shall be liable on summary conviction 
 to a fine not exceeding one hundred pounds. 
 
 [See liettcsivorth v. AUbic/ltam (14 Q. B. D. 44), where a conviction under 
 this section was quashed.] 
 
 15. The provisions of this Act prohibiting certain payments and contracts 
 for payments, and the payment of any sum, and the incurring of any expense, 
 in excess of a certain maximum, shall not affect the right of any creditor who, 
 when the contract was made or the expense was incurred, was ignorant of tho 
 same being in contravention of this Act. 
 
 16. (1.) {"■) Any premises, which are licensed for the sale of any intoxi- 
 cating licjuor for consumption on or off the piemises, or on which refreshment 
 of any kind (whether food or drink) is ordinarily sold for consumption on the 
 premises, or 
 
 [h.) Any premises where any intoxicating liquor is supplied to members of a 
 club, society, or association, or any part of any such premises, 
 thall not, for the purpose of promoting or procuring the election of a candi- 
 date at a municipal election, be used either as a committee room or for holding 
 a meeting, and if any person hires or uses any such premises or any part 
 thereof in contravention of this section ho shall be guilty of illegal hiring, 
 and the person letting or permitting the use of such ^jremises or part thereof, 
 if he knew it was intended to use the same, in contravention of this section, 
 shall also be guilty of illegal hiring. 
 
 (2.) Provided that nothing in this section shall apply to any part of such 
 premises which is ordinarily let for the purpose of chambers or offices or the 
 holding of public meetings or of arbitrations, if such part has a separate 
 entrance and no direct communication with any part of the premises on which 
 any intoxicating liquor or refreshment is sold or supplied as aforesaid.
 
 APPENDIX 261 
 
 17. (1 ) A person guilty of an offence of illegal payment, emploj^ment, or 
 hiring shall, on summary conviction, be liable to a iine not exceeding one 
 hundred pounds. 
 
 (2.) Where an offence of illegal payment, employment, or hiring is com- 
 mitted bj' a candidate, or with his knowledge and consent, such candidate 
 shall be guilty of an illegal practice. 
 
 18. Where upon the trial of an election petition respecting a municipal 
 election for a borough or ward of a borough it is found by the election court 
 that illegal practices or offences of illegal payment, employment, or hiring, 
 committed in reference to such election for the purpose of promoting the 
 election of a candidate at that election, have so extensively prevailed that 
 they may bo reasonably supposed to have affected the result of that election, 
 the election court shall report such finding to the High (Jourt, and the election 
 of such candidate, if he has been elected, shall be void, and he shall not, 
 during the period for which he was elected to serve, or for which, if elected, 
 he might have served, be capable of being elected to or holding any corporate 
 office in the said borough. 
 
 Excuse and Exception for Corrupt or Illegal Practice or Illegal Paytnent, Employment, 
 
 or Hiring. 
 
 19. Where, upon the trial of an election petition respecting a municipal 
 election, the election court reports that a candidate at such election has been 
 guilty by his agents of the offence of treating and undue influence, and 
 illegal practice, or of any of such offences, in reference to such election, 
 and the election court further report that the candidate has proved to the 
 court — 
 
 (a.) That no corrupt or illegal practice was committed at such election 
 by the candidate or with his knowledge or consent, and the offences 
 mentioned in the said report were committed without the sanction or 
 connivance of such candidate ; and 
 
 {b.) That all reasonable means for preventing the commission of 
 corrupt and illegal practices at such election were taken by and on behalf 
 of the candidate ; and 
 
 (c.) That the offences mentioned in the said report were of a trivial, 
 unimportant, and limited character ; and 
 
 [d.) That in all other respects the election was free from any corrupt or 
 illegal practice on the part of such candidate and of his agents ; 
 then the election of such candidate shall not, by reason of the offences 
 mentioned in such report, be void, nor shall the candidate be subject to any 
 incajjacity under this Act. 
 
 20. Where, on application made, it is shown to the High Court or to a 
 municipal election court by such evidence as seems to the Court sufficient — 
 
 {a.) that any act or omission of a candidate at a municipal election for 
 a borough or ward of a borough, or of any agent or other person, would, 
 by reason of being in contravention of any of the provisions of this Act, 
 be but for this section an illegal practice, payment, employment, or 
 hiring ; and 
 
 {b.) that such act or omission arose from inadvertence or from acci- 
 dental miscalculation or from some other reasonable cause of a like 
 nature, and in any case did not arise from any want of good iaith ; and 
 
 (c.) that such notice of the application has been given in the said 
 borough as to the Court seems fit ; 
 and under the circumstances it seems to the Court to be just that the said 
 candidate, agent and person, or any of them, should not be subject to any of 
 the consequences under this Act of the said act or omission, the Court may 
 make an order allowing such act or omission to be an exception from the 
 provisions of this Act which would otherwise make the same an illegal 
 practice, payment, employment, or hiring, and thereupon such candidate, 
 agent, or person shall not be subject to any of the consequences under this Act 
 of the said act or omission. 
 
 [See is'.*; ^«r<e Wilkes, 16 Q. B. D. 114, wherein the Court refused to entertain 
 an application for relief until after the trial of a petition arising out of the 
 circumstances.]
 
 262 THE EXGLISU MlWlcIPAL CODE. 
 
 21. (1.) Every claim against any person in respect of any expenses incurred 
 by or on behalf of a candidate at an election of a councillor on account ot or 
 in respect of the conduct or management of such election shall be sent in 
 within fourteen d:iys after the day of election, and if not so sent in shall be 
 barred and not paid, and all expenses incurred as aforesaid shall be paid 
 within twenty-one days after the day of election, and not otherwise, and any 
 person who makes a payment in contravention of this section, except where 
 such payment is allowed as provided by this section, shall be guilty of an 
 illegal practice, but if such payment was made without the sanction or con- 
 nivance of the candidate, the election of such candidate shall not be void, nor 
 shall he be subject to any incapacity under this Act by reason only of such 
 payment having been made in contravention of this section. 
 
 (2.) Every agent of a candidate at an election of a councillor shall, within 
 twenty-three days after the day of election, make a return to the candidate in 
 writing of all expenses incurred by such agent on account of or in respect of 
 the conduct or management of such election, and if he fails so to do shall be 
 liable, on sunimary conviction, to a fine not exceeding fifty pounds. 
 
 (3.) Within twenty-eight days after the day of election of a councillor 
 every candidate at such eldtion shall send to the town clerk a return of all 
 expenses incurred by such candidate or his agent on account of or in respect 
 of "the conduct or management of such election, vouched (except in the case of 
 sums under twenty shillings) by bills stating the particulars ancl receipts, and 
 accompanied by a declaration by the candidate made before a justice in the 
 form set forth in the Fourth Schedule to this Act, or to the like effect. 
 
 (4.) After the expiration of the time for making such return and declaration 
 the candidate, if elected, shall not, until he has made the return and declara- 
 tion fin this Act referred to as the return and declaration respecting election 
 expenses), or until the date of the allowance of such authorised excuse, as ia 
 mentioned in this Act, sit or vote in the council, and if he does so shall forfeit 
 fifty pounds for every day on which he so sits or votes to any person who sues 
 for the same. 
 
 (5.) If the candidate without such authorissd excuse as is mentioned in this 
 Act fails to make the said return and declaration he shall be guilty of an 
 illegal practice, and if he knowingly makes the said declaration falsely he 
 shall be guilty of an offence, and on conviction thereof on indictment shall be 
 liable to the" punishment for wilful and corrupt perjury, and such offence 
 shall also be deemed to be a corrupt practice within the meaning of this Act. 
 
 (6.) The county court for the district in which the election was held, or the 
 High Court, or an election court, may, on application either of the candidate 
 or a creditor, allow any claim to be sent in and any expense to be paid after 
 the time limited by this section, and a return of any sum so paid shall forth- 
 with after payment be sent to the town clerk. 
 
 (7.) If the "candidate applies to the High Court or an election court, and 
 shows that the failure to make the said return and declaration, or either of 
 them, or any error or false statement therein, has arisen by reason of his 
 illness or absence, or of the absence, death, illness, or misconduct of any 
 agent, clerk, or officer, or by reason of inadvertence, or of any reasonable 
 cause of a like nature, and not by reason of any want of good faith on the part 
 of the applicant, the court may, after such notice of the application and on 
 production of such e^^dence of the grounds stated in the application, and of 
 the good faith of the applicant, and otherwise as to the court seems tit, make 
 such order for allowing the authorised excuse for the lailuro to make such 
 return and declaration, or for any error or false statement in such return or 
 declaration, as to the court setms just. 
 
 [Tho return must be sent although a candidate may not have actually incurred 
 expenses in and about the election : Ex parte Rohson (Saffron Walden Election) 
 18 Q. B.D. 336.] 
 
 (8.) The order may make the allowance conditional upon compliance with 
 such terms as to the court seems calculated for carrying into effect the objects 
 of this Act, and the order shall relieve the app'icant from any liability or 
 consequences under this Act in respect of the matters excused by the order. 
 
 (^9.) The date of the order, or if conditions and terms are to bc^ complied with, 
 the date at which the applicant fully comjjlies with them, is referred to in this 
 Act as the date of the allowance of the excuse.
 
 APPENDIX. 263 
 
 (10.) The return and declaration sent in pursuance of this Act to the town 
 clerk shall be kept at his ofBce, and shall at all reasonable times during the 
 twelve months next after they are received by him be open to inspection by 
 any person on payment of the fee of one shilling, and the to-mi clerk shall, on 
 demand, furnish copies thereof or of any part thereof at the price of twopence 
 for every seventy-two words. 
 
 (II.) After the expiration of the said twelve months the town clerk may 
 cause the return and declaration to be destroyed, or if the candidate so require 
 shall return the same to him. 
 
 Disqualificatioyi of Electors. 
 
 22. Every person guilt}- of a corrupt or illegal practice or of illegal employ- 
 ment, payment, or hu'ing at a municipal election is prohibited from voting at 
 such election, and if any such person votes his vote shall be void, and shull be 
 struck off on a scrutiny. 
 
 23. So much of sections thirty-seven and thirty-eight of the Corrupt and 
 Illegal Practices Prevention Act, 1883, as is set forth in Part Two of the Third 
 Schedule to this Act, shall apply as part of this Act. 
 
 24. (1-) The town clerk in every municipal borough shall annually in July 
 make out a list containing the names and description of all persons who, though 
 otherwise qualified to be enrolled as burgesses of such borough, have under this 
 Act, or under the Coirupt and Illegal Practices Prevention Act, 1883, or under 
 any other Act for the time being in force relating to a parliamentarj- election 
 or an election to any public ofiice, become after the commencement of this Act, 
 by reason of conviction of a corrupt or illegal practice, or of the report of any 
 election court or election commissiuners, incapable of voting at a municipal 
 election in sueb borough or any ward thereof, and the town clerk shall state 
 in the list (in this Act referred to as the corrupt and illegal practices list), the 
 offence of which each person has been found guilty. 
 
 (2.) For the purpose of making out such list he shall examine the report of 
 any election court or election commissioners who have respectfuUj' tried an 
 election petition or inquired into an election where the election (whether a 
 parliamentary election or an election to any public office) was held in the said 
 borough or in the county in which such borough is situate. 
 
 (3.) The town clerk of any municipal borough shall, not less than fourteen 
 days before the first day appointed by law for the publication of the parish 
 burgess lists in such borough, send the corrupt and illegal practices list to 
 the overseers of every parish wholly or partly within the borough, and the 
 overseers shall publish that list together with the parish burgess lists, and 
 shall also, in the case of everv person in the corrupt and illegal practices list, 
 omit his name from the list of persons entitled to be enrolled as burgesses or 
 to be elected councillors, or, as circumstances require, add "objected" before 
 his name in the lists of claimants published by them, in like manner as is 
 required by law in any other cases of disqualification. 
 
 (4.) Any person named in the corrupt and illegal practices list may claim to 
 have his name omitted therefrom, and any person entitled to object to any 
 parish burgess list may object to the emission of the name of any person from 
 such .first-mentioned list. Such claims and objections shall be sent in within 
 the same time and be dealt with in like manner, and any such objection shall 
 be served on the person referred to therein in like manner, as nearly as circum- 
 stances admit, as other claims and objections under the enactments relating 
 to the enrolment of burgesses. 
 
 (5.) The re^•ising authority shall determine such claims and objections and 
 shall revise such list in like manner, as nearly as circumstances admit, as 
 in the case of other claims and objections and of any parish burgess list and 
 list of persons entitled to be elected councillors. 
 
 (6.) Where it appears to the revising authority that a person not named in 
 the list is subject to have his name inserted in the corrupt and illegal practices 
 list, he shall (whether an objection to the omission of such name from the 
 list has or has not been made, but) after giving such person an opportunity 
 of making a statement to show cause to the contrary, insert his name in that
 
 264 THE EXGLISE MUNICIPAL CODE. 
 
 list and expunge his name from any list of burgesses or of persons entitled to 
 be elected councillors. 
 
 (7.) A revising authority in acting under this section shall determine only 
 ■whether a person is incapacitated by conviction or by the report of any election 
 court or election commissioners, and shall not determine whether a person has 
 or has not been guilty of any corrupt or illegal practice. 
 
 (8.) The corrupt and illegal practices list shall be appended to the burgess 
 roll, and shall be printed and published therewith wherever the same is printed 
 or published. 
 
 (9.) Any town clerk or overseer who fails to comply with the provisions of 
 this section shall be liable to the like fine as ho is liable to under section 
 seventy-five of the Municipal Corporations Act, 1882, for any neglect or refusal 
 in relation to a parish burgess list as therein mentioned. 
 
 Troceedings on Election FeCitions. 
 
 25. (1.) A municipal electign petition complaining of the election on the 
 ground of an illegal practice may be presented at any time before the expira- 
 tion of fourteen days after the day on which the town clerk receives the return 
 atul declaration respecting election expenses by the candidate to whose election 
 the petition relates, or where there is an authorised excuse for failing to make 
 the return and declaration then within the like time after tho date of the 
 allowance of the excuse. 
 
 (2.) A municipal election petition, complaining of the election on the ground 
 of an illegal practice, and sitecifically alleging a payment of money or other 
 act made or done since the election by the candidate elected at such election, 
 or by an agent of the candidate, or with the privity of the candidate, in pur- 
 Buaneo or in further inco of such illegal practice, may be presented at any time 
 within twenty-eight days after the date of such payment or act, whether or 
 not any other petition against that person has been previously presented or 
 tried. 
 
 (3.) Any election petition presented within the time limited by the Municipal 
 Corporations Act, 1882, may, for the purpose of complaining of tho election 
 upon an allegation of an illegal practice, be amended with the leave of the 
 Iligh Court within the time within which a petition comidaining of the elec- 
 tion on the ground of that illegal practice can, under this section be presented. 
 
 (4.) This section shall apply notwithstanding tho illegal practice is also a 
 corrupt practice. 
 
 26. (1-) Before leave for the withdrawal of a municipal election petition is 
 granted, there shall be produced affidavits by all the parties to the petition and 
 their solicitors, but the High Court may on cause shown dispense with the 
 alfidavit of any particular person if it seems to the courj; on special grounds to 
 bo just so to do. 
 
 (2.) Each affidavit shall state that, to the best of the deponent's knowledge 
 and belief, no agreement or terms of any kind whatsoever has or have been 
 made, and no undertaking has been entered into, in relation to tho withdrawal 
 of the petition ; but if any lawful agreement has been made with respect to 
 the withdrawal of the petition, the affidavit shall set forth that agreement, and 
 shall make the foregoing statement subject to what appears from the affidavit. 
 
 (3.) The affidavits of the applicant and his solicitor shall further state the 
 ground on which the petition is sought to be withdrawn. 
 
 (4.) If any person makes any agreement or terms, or enters into any under- 
 taking, in n lation to the withdrawal of an election petition, and such agi-ee- 
 ment, terms, or undertaking is or aro for the withdrawal of the election 
 petition in consideration of any payment, or in considei'ation that tho seat shall 
 at any time be vacated, or in consideration of the withdrawal of any other 
 election petition, or is or arc (whether lawful or unlawful) not mentioned in 
 the aforesaid affidavits, he shall be guilty of a misdemeanor, and shall be liable 
 on conviction on indictment to imprisonment for a term not exceeding twelve 
 months, and to a fine not exceeding two hundred pounds. 
 
 (5.) Copies of the said affidavits shall fie delivered to the Director of public 
 prosecutions a reasonable time before the application for the withdrawal is 
 heard, and the court may hear the Director of public prosecutions or his
 
 APPENDIX. 265 
 
 assistant or other representative (appointed with the approval of the Attorney- 
 General), in opposition to the allowance of the withdrawal of the petition, and 
 shall have power to receive the evidence on oath of any person or persons 
 whose evidence the Director of public prosecutions or his assistant, or other 
 representative, may consider material. 
 
 (6.) Where in the opinion of the court the proposed withdrawal of a petition 
 was the result of any agreement, terms, or undertaking prohibited by this 
 section, the court shall have the same power with respect to the security as 
 under section ninety-five of the Municipal Corporations Act, 1882, where the 
 withdrawal is induced by a corrupt consideration. 
 
 (7.) In every case of the withdrawal of an election petition, by leave of the 
 election court such court shall report in writing to the High Court whether, in 
 the opinion of such election court, the withdrawal of such petition was the 
 result of any agreement, terms, or undertaking, or was in consideration of any 
 payment, or in consideration that the seat should at any time be vacated, or in 
 consideration of the withdrawal of any other election petition, or for any other 
 consideration, and if so, shall state the circumstances attending the with- 
 drawal. 
 
 (8.) Where more than one solicitor is concerned for the petitioner or 
 respondent, whether as agent for another solicitor or otherwise, the affidavit 
 shall be made by all such solicitors. 
 
 27, The trial of every municipal election petition shall, so far as is 
 practicable consistently with the interests of justice in respect of such trial, 
 be continued de die in diem on every lawful day until its conclusion. 
 
 28, (1.) On every trial of a municipal election petition the Director of 
 public prosecutions shall by himself or by his assistant, or by such 
 representative as herein-after mentioned, attend at the trial, and it shall be 
 the duty of such Director to obey any directions given to him by the election 
 court with the respect to the summoning and examination of any witness 
 to give evidence on such trial, and with respect to the prosecution by him of 
 offenders, and with respect to any person to whom notice is given to attend 
 with a view to report him as guilty of any corrupt or illegal practice. 
 
 (2.) It shall also be the duty of such Director, without any direction from 
 the election court, if it appears to him that any person is able to give material 
 evidence as to the subject of the trial, to cause such person to attend the 
 trial, and with the leave of the court to examine such joerson as a witness. 
 
 (3.) It shall also be the duty of the said Director, without any direction from 
 the election court, if he thinks it expedient in the interests of justice so to do, 
 to prosecute, either before the said court or before any other competent court, 
 any person who has not received a certificate of indemnity and who appears to 
 him to have been guilty of a corrupt or illegal practice at a municipal 
 election. 
 
 (4 .) Where a person is prosecuted before an election court for any corrupt or 
 illegal practice, and such person appears before the court, the court shall 
 proceed to try him summarily for the said offence, and such person, if 
 convicted thereof upon such trial, shall be subject to the same incapacities as 
 he is subject to under this or any other Act, upon conviction, whether on 
 indictment or in any other proceeding for the said offence ; and fui'ther, may 
 be adjudged by the court, if the offence is a corrupt practice, to be imprisoned, 
 with or without hard labour, for a term not exceeding six months, or to pay 
 a fine not exceeding two hundred pounds, and if the offence is an illegal 
 practice, to pay such a fine as is fixed by this Act for the offence : 
 
 Provided that, in the case of a corrupt practice, the court, before pro- 
 ceeding to try summarily any person, shall give such person the option of 
 being tried by a jury. 
 
 (5.) Where a person is so prosecuted for any such offence, and either he 
 elects to be tried by a jury or he does not appear before thg court, or the court 
 thinks it in the interests of justice expedient that he should be tried before 
 some other court, the court, if of opinion that the evidence is sufiicient to put 
 the said person upon his trial for the offence, shall order such person to be 
 prosecuted on indictment or before a court of summary jurisdiction, as the case 
 may require, for the said offence ; and in either case may order him to be
 
 266 THE EXGLISE MUNICIPAL CODE. 
 
 prosecuted before such court as may be named in the order ; and for all purposes 
 preliminary and of and infidontal to such prosecution the oftbnco shall be 
 deemed to have been committed within the jurisdiction of the court so named. 
 (6.) Upon Buch order being made, 
 
 {(t.) If the accused person is pi-osont before the court, and the offence 
 is an indictable offence, the court shall commit him to take his trial, or 
 cause him to give bail to appear and take his trial for the said offence : 
 and 
 
 (*.) If the accused person is present before the court, and the offence 
 is not an indictable offence, the court shall order him to be brought 
 before the court of summary jurisdiction before whom he is to be 
 prosecuted, or cause him to give bail to appear before that court ; and 
 
 (r.) If the accused person is not present before the court, the court 
 shall as circumstances require issue a summons for his attendance, or a 
 warrant to apprehend hira and bring him before a court of summary 
 jurisdiction, and that court, if the offence is an indictable offence, shall, 
 on proof only of the summons or warrant and the idc^ntity of the accused, 
 commit him to take his trial, or cause him to give bail to appear and take 
 hfs trial for the said offence, or if the offence is punishable on summary 
 conviction, shall proceed to hear the Cfise, or if such court be not the 
 court before whom he is directed to be prosecuted shall order him to be 
 brought before that court. 
 
 (7.) Any order or act of an election court under this section shall not be 
 subject to be discharged or varied under sub-section six of section ninety-two 
 of the Municipal Corporations Act, 1882. 
 
 (8.) The Director of public prosecutions may nominate, with the approval 
 of the Attorney-General, any barristers or solicitors of not less than ten 
 years standing, one of whom shall, when required, act as the representative 
 for the purposes of this section of such Director, and when so acting shall 
 receive such remuneration as the Treasury may approve. There shall be 
 allowed to the Director and his assistant or representative, for the purposes of 
 this section, such allowance for expenses as the Treasury may approve. 
 
 (9.) The costs incurred in defraying the expenses of the Director of publio 
 prosecutions under this section (including the remuneration of his representa- 
 tives) shall, in the first instance, be paid by the Treasury, and so far as they 
 are not in the case of any prosecution paid by the defendant, shall be deemed 
 to be expenses of the election court, and shall be paid as the expenses of that 
 court are directed by section one hundred and one of tho Municipal Corpora- 
 tions Act, 1882, to be paid; but if for any reasonable cause it seems just to 
 the court so to do, the court shall order all part of the said costs to bo repaid 
 to the Treasury by the parties to tho petition, or such of them as the court 
 may direct. 
 
 29. (1.) Where upon the trial of a municipal election petition it appears 
 to the election court that a corrupt practice has not been proved to have been 
 committed in reference to tho election by or with tlio knowledge and consent 
 of the respondent to the petition, and that such respondent took all reasonable 
 means to prevent corrupt practices being committed on his behalf, the court 
 may make one or more orders with respect to tho payment either of the whole 
 or such part of the costs of the petition as the court may think right as 
 follows : 
 
 {a.) if it appears to the court that corrupt practices extensively pre- 
 vailed in reference to the said election, the court may order the whoie or 
 part of the costs to be paid by the borough ; and 
 
 (h.) if it appears to tho court that any person or persons is or are 
 proved, whether by providing money or otherwise, to have been exten- 
 sively engaged in coiTUpt practices, or to have encouraged or promoted 
 extensive corrupt practices in refei'ence to such election, the court may, 
 after giving such person or persons an opportunity of being heard by 
 counsel or solicitor and of examining and cross-examining witnesses to 
 show cause why the order should not be made, order the \^■hole or part 
 of the costs to be paid by that person, or those persons or any of them, 
 and may order that if the costs cannot be recovered from one or more of
 
 ATPEXDTX. 267 
 
 such persons they shall be paid by some other of such persons or by either 
 of thu parties to the petition. 
 
 (2.) Where any person appears to the court to have been guilty of the 
 offence of a corrupt or illegal practice, the court may, after giving such person 
 an opportunitj' of making a statement to show why the order should not be 
 made, order the whole or any part of the costs of or incidental to any pro- 
 ceeding before the court in relation to the said offence or to the said person to 
 be paid by the said person to such person or persons as the court may direct. 
 
 (3.) The rules and regulations of the Supreme Court of Judicature with 
 respect to costs to be allowed in actions, causes, and matters in the High 
 Court shall in principle and so far as practicable apply to the costs of 
 petition and other proceedings under Part Four of the Municipal Corporations 
 Act, 1882, and this Act, and the taxing officer shall not allow any costs, 
 charges, or expenses on a higher scale than would be allowed in any action, 
 cause or matter in the High Court on the higher scale, as between solicitor 
 and client. 
 
 MisccUaneous . 
 
 30- Subject to the other provisions of this Act, the procedure for the 
 prosecution of a corrupt or illegal practice or any illegal payment, employ- 
 ment, or hiring committed in reference to a municipal election, and the 
 removal of any incapacity incurred by reason of a conviction or report relating 
 to any such offence, and the duties of the Dii'ector of public prosecutions in 
 relation to any such offence, and all other proceedings in relation thereto 
 (including the grant to a witness of a certificate of indemnity), shall be the 
 same as if such offence had been committed in reference to a parliamentary 
 election ; and sections forty-five and forty-six and sections fifty to fifty-seven 
 (both inclusive), and sections fifty-nine and sixty of the Corrupt and Illegal 
 Practices Prevention Act, 1883, shall apply accordingly as if they were 
 re-enacted in this Act with the necessary modifications, and with the 
 following additions : — 
 
 («.) Where the Director of public prosecutions considers that the 
 circumstances of any case require him to institute a prosecution before 
 any court other than an election court for any offence other than a corrupt 
 practice committed in reference to a municipal election in any borough, 
 he may, by himself or his assistant, institute such prosecution before any 
 court of summary jurisdiction in the county in which the said borough is 
 situate or to which it adjoins, and the offence shall be deemed for all pur- 
 poses to have been committed within the jurisdiction of such court ; and 
 
 [b.) General rules for the purposes of Part Four of the Municipal 
 Corporations Act, 1882, shall be made by the same authority as rules of 
 court under the said sections ; and 
 
 {c.) The giving or refusal to give a certificate of indemnity to a witness 
 by the election court shall be final and conclusive. 
 
 31- If any person, in consequence of conviction or of the report of an 
 election court under this Act, becomes not capable of being elected to or 
 sitting in the House of Commons, or of being elected to or holding any public 
 or judicial office, and such person, at the date of the said conviction or report, 
 has been so elected or holds any such office, then his seat or office, as the case 
 may be, shall be vacated as from that date. 
 
 32. (1.) Where any costs of a petition are, under an order of a municipal 
 election court, to be paid by a borough, such costs shall be paid out of the 
 borough fund or borough rate. 
 
 (2.) Where any costs or other sums are, under the order of an election 
 court or otherwise under this Act, to be paid by any person, those costs shall 
 be a simple contract debt due from such person to the person or persons to 
 whom they are to be paid, and if payable to the Treasury shall be a debt to 
 Her Majesty, and in either case may be recovered accordingly. 
 
 33. Where any summons, notice or document is required to be served on 
 any person with reference to any proceeding respecting a municipal election 
 in any borough or ward of a borough, whether for the purpose of causing him 
 to appear belore the High Court or any election court, or otherwise, for the 
 purpose of giving him an opportunity of making a statement, or showing
 
 268 THE EXGLISH MUNICIPAL CODE. 
 
 cause, or being hoard by himself, before any such court, for any purpose of 
 this Act, such summons, notice, or document may be served either by deliver- 
 ing the same to such person, or by leaving the same at, or sending the same 
 by post by a registered letter to, his last known place of abode in the said 
 borough, or, if the proceeding is before any court, in such other manner as 
 the court may direct, and in proving such service by post it shall be sufficient 
 to prove that the letter was prepaid, properly addressed, and registered with 
 the post olHce. 
 
 34. In this Act expressions have the same meaning as in the Municipal 
 
 Corporations Act, 18«2, and in the Corrupt and Illegal Practices Prevention 
 Act, 1883 ; except that the words " borough," '< election petition," "election 
 court," and "candidate," shall, unless the context otherwise requires, have 
 the meaning given by the Municipal Corporations Act, 1882, and not the 
 meaning given by the Corrupt and Illegal Practices Prevention Act, 1883 ; 
 and except that "election" shall, unless the context otherwise requires, 
 mean a municipal election. 
 
 For the purposes of this Act the number of electors shall be taken according 
 to the enumeration of the electors in the burgess roll. 
 
 35. This Act and Part IV. of the Municipal Corporations Act, 1882, 
 shall apply to a municipal election in the city of London, subject as 
 follows : — 
 
 (1.) For the purpose of such application "municipal election" means 
 an election to the office of mayor, alderman, common councilman, or 
 sheriff, and includes the election of any officer elected by the mayor, 
 aldermen, and liverymen in common hall, and the expression "corporate 
 office" includes each of the aforesaid offices, and the expression 
 "borough" shall be deemed to apply to the said city : 
 
 (2.) The expression " burgess" means, in relation to each municipal 
 election, any person entitled to vote at such election : 
 
 (3.) Any costs or expenses directed to be paid out of the borough fund 
 or borough rate shall, if incurred in respect of the election of an alderman 
 or common councilman for any ward, be paid out of the ward rate of that 
 ward, and in any other case shall be paid by the chamberlain of the said 
 city out of the city's cash : 
 
 (4.) The enactments relating to personation, polling agents, and dis- 
 closure of votes shall not apply, save that if any person commits any 
 offence under the City of London Municipal Ekctions Amendment Act, 
 1867, in relation to the declaration required by that Act to be madeat 
 the poll, he shall, in addition, be deemed guilty of a corrupt practice 
 under this Act : 
 
 (5.) A vacancy in any office created by the decision of an election court 
 shall be filled by a new election, and every summoning officer is hereby 
 authorised and required to summon the electors for such election : 
 
 (6.) In the case of an election of an alderman and common councilman 
 a sum may be paid and expense incurred not in excess of the maximum 
 fixed by this Act for the election of a councillor. 
 
 (7.) In the case of an election by liverymen in common hall a sum may 
 be paid and exi)enses incurred, if a poll be not demanded, not exceeding 
 forty pounds, and, if a poll be demanded, then not exceeding two 
 hundred and fifty pounds, and, in the event of a poll being demanded, 
 such poll shall take place on the third day after the demand for a poll be 
 made, unless such third day be a Sunday, in which case the poll shall 
 take place on the fourth dayj and the poll shall last for one day only, and 
 commence at the hour of eight in the morning and close at six in the 
 evening. 
 
 (8.) The town clerk shall send the corrupt and illegal practices list, 
 when made out by him, to the ward clerk of each ward not less than 
 fourteen days before the day on which the list of persons entitled to vote 
 in such ward is required to be made out, and the aldermen and common 
 councilmen of each ward shall omit from such last-mentioned list the 
 names of all persons mentioned in the corrupt and illegal practices list, 
 and the corrupt and illegal practices list shall be printed and appended to 
 every copy of the list of persons entitled to vote in such ward.
 
 APPENDIX. 269 
 
 Ap2}Ucation of Act to other Elections, 
 
 36. (1.) Subject as hereinafter mentioned, the provisions of this Act and 
 of Part Four of the Municipal Corporations Act, 1882, as amended by this 
 Act, shall extend to elections for the offices mentioned in the first column of 
 the First Schedule to this Act as if re-enacted herein and in terms made 
 applicable thereto, and petitions may be presented and tried, and ofi'ences 
 prosecuted and punished, and incapacities incurred in reference to each such 
 election accordingly. 
 
 Provided that in the application of the said provisions to any such election : 
 
 (rt.) The area, officer and rate mentioned opposite to the office in the 
 
 second, third and fourth columns of the said schedule, shall be deemed to 
 
 be substituted for the borough or ward, town clerk, and borough fund or 
 
 rate respectively. 
 
 {b.) The expression "corporate office" in the said provisions shall 
 mean an office mentioned in the said schedule, and in relation to the 
 election of a guardian of a union includes any such office in the union, 
 and a "municipal election " shall mean an election to such office, and the 
 expressions "municipal election court," "municipal election list," and 
 "municipal election petition " shall be construed accordingly. 
 
 (c.) No corrupt and illegal practices list shall be made for any such 
 election. 
 
 {d.) "Vacancies created by the decision of an election court shall be 
 filled by a new election. 
 
 [e.) A petition relating to the election of a guardian of a union may be 
 tried at any place within the union. 
 
 (/.) Nothing in the said provisions shall render it unlawful to hold a 
 meeting for the purpose of promoting or procuring the election of a 
 candidate to any office mentioned in the said schedule on any licensed or 
 other premises not situate in an urban sanitary district or in the 
 Metropolis ; 
 
 {(J.) Where the poll at any election to an office in the said schedule is 
 taken by means of voting papers, such of the said provisions as relate to 
 personation, polling agents, disclosure of votes and conveyance of voters 
 shall not apply ; but any offence in relation to voting papers or to 
 personation or to voting at such election which is punishable on sum- 
 mary conviction (that is to say), the ofi'ences mentioned in section three 
 of the Poor Law Amendment Act, 1851, and in rule sixty-nine of Schedule 
 Two to the Public Health Act, 1875, shall, without prejudice to the 
 punishment under such section and rule of a person guilty of such offence, 
 be deemed to be an illegal practice within the meaning of the said 
 provisions. 
 
 [h.) The Local Government Board shall have the same power as hereto- 
 fore under section eight of the Poor Law Amendment Act, 1842, to 
 determine any question arising as to the right of a person to act as 
 guardian, except that the Board shall not have power — 
 
 (a.) To determine, until after the expiration of twenty-one days 
 after the election of a person as guardian, any question which can be 
 determined upon an election petition under this section ; nor 
 
 (b.) To determine any question which is raised by an election 
 petition under this section, and is either awaiting decision or has 
 been decided by an election court ; nor 
 
 (c.) To determine any question of general corruption, or of any 
 corrupt or illegal practice, except so far as appears to such Board 
 necessary for determing the validity of any vote. 
 (2.) The judges for the time being on the rota for the trial of parliamentary 
 election petitions, or any two of those judges, may annually appoint as many 
 barristers, not exceeding five, as they may think necessary to be commis- 
 sioners for the trial of election petitions under Part Four of the Municipal 
 Corporations Act, 1882, and this Act, and shall from time to time assign the 
 petitions (whether relating to a municipal election or to any other election to 
 which this Act extends) to be tried by each commissioner. 
 
 37. The provisions of this Act which prohibit the payment of any sum,
 
 270 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 and the incurring of any expense by or on behalf of a iMiulidate at an election, 
 on account of, or in respect of, the conduct or niaiiagenient of the election, 
 and those which relate to the time for sending in and paying claims, and those 
 which relate to the maximum amount of election exi)enses, or the return or 
 declaration respecting election expenses, shall not apply to any of the elec- 
 tions mentioned in the First Schedule to this Act. 
 
 Repeal. 
 
 38. The Acts specified in the Second Schedule to this Act are hereby 
 repealed as from the commencement of this Act to the extent in the third 
 column of that schedule mentioned, but such repeal shall not affect anything 
 duly done or suffered, or any right acquired or accrued, or any incapacity 
 incurred, before the commencement of this Act ; and any person subject to 
 any incapacity under any enactment hereby repealed, or under any enactment 
 for which such repealed enactment was substituted, shall continue subject 
 thereto, and this Act shall apply to him as if he had become so subject in 
 pursuance of the provisions of this Act. 
 
 39. This Act shall come into operation on the first day of October one 
 thousand eight hundred and eighty-four, which day is in this Act referred to 
 as the commencement of this Act. 
 
 Extent of Act. 
 
 40. This Act shall not extend to Scotland or Ireland. 
 
 41. This Act shall continue in force to the end of the year one thousand 
 eight hundred and eighty-six, and no longer*. 
 
 [*The Act has been continued by the annual Acts for contmuing expiring laws.] 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Elections to which this Act extends. 
 
 In England. 
 
 Office. 
 
 Member of local 
 board, as defined 
 by the Public 
 Health Act, 1875. 
 
 Member of Improve- 
 ment Commis- 
 sioners, as defined 
 by the Public 
 Health Act, 1875. 
 
 Guardian elected 
 under the Poor 
 Law Amendment 
 Act, 1834. 
 
 Member of school 
 board. 
 
 Area. 
 
 Local Government 
 district or ward 
 of such district. 
 
 Improvement Act 
 district or ward 
 of such district. 
 
 Parish or ward of a 
 parish or united 
 parishes. 
 
 School district or 
 division of the 
 metropolis. 
 
 Officer. 
 
 Clerk to the 
 local board, 
 or person per- 
 forming like 
 duties. 
 
 Clerk to the 
 Improvement 
 Commissioners, 
 or person per- 
 forming like 
 duties. 
 
 Clerk to the 
 guardians, or 
 person per- 
 forming like 
 duties. 
 
 RetnrningofEcer 
 of school board. 
 
 Rate. 
 
 The general dis- 
 trict rate. 
 
 The general dis- 
 trict rate or 
 other rate out 
 of which the 
 expenses of the 
 Improvement 
 Commissioners 
 are payable. 
 
 The poor rate of 
 the parish or 
 united parishes. 
 
 The school fund.
 
 APPENDIX. 
 
 271 
 
 SECOND SCHEDULE. 
 
 Enactments Repealed. 
 
 A description or citation of a portion of an Act is inclusive of the word, 
 section, or other part first and last mentioned, or otherwise referred to as 
 forming the beginning or as forming the end of the portion comprised in the 
 description or citation. 
 
 As to England. 
 
 33 & 34 Vict. c. 75. 
 45 & 46 Vict. c. 50. 
 
 The Elementary Educa- 
 tion Act, 1870. 
 
 The Municipal Corpora- 
 tions Act, 1882. 
 
 Section thirty-three. 
 
 Section seventy-seven, from 
 " corrupt practice " down to 
 " or personation," and from 
 "canvasser" down to "can- 
 didate at a municipal elec- 
 tion." 
 
 Section seventy-eight. 
 
 Section seventy-nine. 
 
 Section eighty. 
 
 Section eighty-two. 
 
 Section eighty-three. 
 
 Section eighty-four. 
 
 Section ninety-two, 
 section four, from 
 those judges " down to the 
 end of the sub-section. 
 
 Section ninety-four, sub- 
 sections five, six, seven and 
 eight. 
 
 So much of section ninety- 
 eight, sub-section two, as 
 relates to the principles of 
 taxation. 
 
 sub- 
 "and 
 
 THIRD SCHEDULE. 
 
 Part L 
 
 Enactments defining Corrupt Practices. — Enactments defining the Offence of Bribery . 
 
 The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, sections 
 
 2 and 3. 
 
 S. 2. The following persons shall be deemed guilty of bribery, and shall be 
 punishable accordingly : — 
 
 (1.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, give, lend, or agree to give or lend, or shall 
 offer, promise, or promise to procure or endeavour to procure, any money 
 or valuable consideration to or for any voter, or to or for any person on 
 behalf of any voter, or to or for any other person, in order to induce any 
 voter to vote or refrain from voting, or shall corruptly do any such act as 
 aforesaid on account of such voter having voted or refrained from voting 
 at any election.
 
 272 THE ENGLISH MUNICIPAL CODE 
 
 (2.) Every pcTSOn ■who shall, directly or indirectly, by himself or by 
 any other person on his behalf, give or procure, or agree to give or procure, 
 or oft'er, promise, or promise to procure or endeavour to procure, any 
 ofiBce, place, or employment to or for any voter, or to or for any person 
 on behalf of any voter, or to or for any other person, in order to induce 
 such voter to vote or refrain from voting, or shall corruptly do any such 
 act as aforesaid on account of any voter having voted or refrained from 
 voting at anj' election. 
 
 (3.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, make any such gift, loan, offer, promise, pro- 
 curement, or agreement as aforesaid, to or for any person, in order to 
 induce such person to procure or endeavour to procure the return of any 
 person to serve in Parliament, or the vote of any voter at any election. 
 
 (4.) Every person who shall, upon or in consequence of any such gift, 
 loan, offer, promise, procurement, or agreement, procure, or engage, 
 promise, or endeavour to procure the return of any person to serve in 
 Parliament, or the vote of any voter at any election. 
 
 (6.) Every person who shall advance or pay, or cause to be paid, any 
 money to or to the use of any other person with the intent that such 
 money, or any part thereof, shall be expended in bribery at any election, 
 or who shall knowingly pay or cause to be paid any money to any person 
 in discharge or repayment of any money wholly or in part expended in 
 bribery at any election : Provided always, that the aforesaid enactment 
 shall not extend or be construed to extend to any money paid or agreed to 
 be paid for on account of any legal expenses bo)id ftde incurred at or con- 
 cerning any election. 
 
 S. 3. The following persons shall also be deemed guilty of bribery, and 
 shall be punishable accordingly ; — 
 
 (1.) Every voter who shall, before or during any election, directly or in- 
 directly, by himself or by any other person on his behalf, receive, agree, 
 or contract for any money, gift, loan, or valuable consideration, office, 
 place, or employment, for himself or for any other person, for voting or 
 agreeing to vote, or from refraining or agreeing to refrain from voting at 
 an}- election. 
 
 (3.) Every person who shall, after any election, directly or indirectly, 
 by himself or by any other person on his behalf, receive any money or 
 valuable consideration on account of any person having voted or refrained 
 from voting, or having induced any other person to vote or refrain from 
 voting at any election. 
 
 The Representation of the people Act, 1867, 30 & 31 Vict. c. 102. s. 49. 
 
 S. 49. Any person, either directly or indirectly, corruptly paying any rate 
 on behalf of aiiy ratepayer for the purpose of enabling him to be registered as 
 a voter, thereby to influence his vote at the future election, and any candidate 
 or other person, either directly or indirectly, paying any rate on behalf of any 
 voter for the purpose of inducing him to vote or refrain from voting, shall be 
 guilty of bribery, and be punishable accordingly ; and any person on whose 
 behalf and with whose privity any such payment as in this section is men- 
 tioned is made, shall also be guilty of bribery, and punishable accordingly. 
 
 Enactment defining the Offence of Personation. 
 
 The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. 
 
 S. 24. A person shall, for all purposes of the laws relating to parliamentary 
 and municipal elections, be deemed to be guilty of the offence of personation 
 who, at an election for a county or borough, or at a municipal election, applies 
 for a ballot paper in the name of some other person, whether that name be 
 that of a person living or dead, or of a fictitious person, or who, having voted 
 once at any such election, applies at the same election for a ballot paper in 
 his own name.
 
 APPEXLIX. ' 2Ti 
 
 Enactments dtifining the Offences of Treating and Undue Injluence. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. 
 
 c. 51, ss. 1 and 2. 
 
 S. 1. Any person who corruptly by himself or by any other person, either 
 before, during, or after an election, directly or indirectly gives or provides, 
 or pays wholly or in part the expense of giving or providing any meat, drink, 
 entertainment, or provision to or for any person for the purpose of corruptly 
 influencing that person or any other person to give or refrain from giving his 
 vote at the election, or on account of such person or any other person having 
 voted or refrained from voting, or being about to vote or refrain from voting 
 at such election, shall be guilty of treating. 
 
 And every elector who corruptly accepts or takes any such meat, drink, 
 entertainment, or provision, shall also be guilty of treating. 
 
 S. 2. Every person who shall directly or indirectly, by himsalf or by any 
 other person on his behalf, make use of or threaten to make use of any force, 
 violence, or restraint, or inflict or threaten to inflict, by himself or by any 
 other person, any temporal or spiritual injury, damage, harm, or loss upon or 
 against anj' person in order to induce or compel such person to vote or refrain 
 from voting, or on account of such person having voted or refrained from 
 voting at any election, or who shall by abduction, duress, or any fraudulent 
 device or contrivance impede or prevent the free exercise of the franchise of 
 any elector, or shall thereby compel, induce, or prevail upon any elector either 
 to give or to refrain from giving his vote at any election, shall be guilty of 
 undue influence. 
 
 Enactment defining the Offences of Bribery, Treating, Undue Influence, and 
 
 Personation. 
 
 The Municipal Corporations Act, 1882, 45 & 46 Vict. c. 50, s. 77. 
 S. 77. "Bribery," "treating," "undue influence," and "personation" in- 
 clude respectively anything done before, at, after, or with respect to a muni- 
 cipal election, which, if done before, at, after, or with respect to a parliamentary 
 election, would make the person doing the same liable to any penalty, punish- 
 ment, or disqualification for bribery, treating, undue influence, or personation, 
 as the case may be, under any Act for the time being in force with respect to 
 parliamentary elections. 
 
 PART II. 
 
 Enactments relating to Disqualification of Electors. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51, 
 
 sections 37 and 38. 
 
 S. 37. Every person who, in consequence of conviction or of the report of 
 any election court or election commissioners under this Act, or under the 
 Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the 
 Municipal Corporations Act, 1882, or under any other act for the time being 
 in force relating to corrupt practices at an election for any public oflice, has 
 become incapable of voting at any election, whether a parliamentary election 
 or an election to any public ofiice, is prohibited from voting at any such 
 election, and his vote shall be void, 
 
 8. 38. (1.) Before a person, not being a party to an election petition nor a 
 candidate on behalf of whom the seat is claimed by an election petition, is 
 
 18
 
 27i THE ENGLISH MUXIVIPAL CODE. 
 
 reported by an election court * * * to have been f>uiUy, at an election, 
 
 of any corrupt or illegal practice, the court « ♦ * shall cause notice to be 
 
 given to such person, and if he appears in pursuance of the notice, shall give 
 
 him an opportunity of being heard by himsilf and of calling evidence in his 
 
 defence to show why he should not be so reported, 
 
 « ' * * « « 
 
 (5.) Every person who, after the commencement of this Act, is reported by 
 any election court * * * to have been guilty of any corrupt or illegal 
 practice at an election, shall, whether he obtained a certificate of indemnity 
 or not, be subject to the same incapacity as he would be subject to if he had 
 at the date of such election been convicted of the offence of which he is 
 reported to have been guilty. * * * 
 
 (6.) Where a person who is a justice of the peace is reported by any election 
 court * * * to have been guilty of any corrupt practice in reference to an 
 election, whether he has obtained a certificate of indemnity or not, it shall be 
 the duty of the Director of Public Prosecutions to report the case to the Lord 
 High Chancellor of (-rreat Britain, with such evidence as may have been given 
 of such corrupt practice, and where any such person acts as a justice of the 
 peace by virtue of his being or having been mayor of a borough, the Lord 
 High Chancellor shall have the same power to remove such person from being 
 a justice of the peace as if he was in a commission of the peace. 
 
 (7.) Where a person who is a barrister or a solicitor, or who belongs to any 
 profession the admission to which is regulated by law, is reported by any 
 election court * * * to have been guilty of any corrupt practice in 
 reference to an election, whether such person has obtained a certificate of 
 indemnity or not, it shall be the duty of the Director of Public Prosecutions 
 to bring the. matter before the Inn of Court, High Court, or tribunal having 
 power to take cognizance of any misconduct of such person in his profession, 
 and such Inn of Court, High Court, or tribunal may deal with such person in 
 like manner as if such coiTupt practice were misconduct by such person in his 
 profession. 
 
 (8.) With respect to a person holding a license or certificate under the 
 Licensing Acts (in this section referred to as a licensed person) the following 
 provisions shall have eflect : 
 
 [(I.) If it appears to the court by which any licensed person is convicted 
 of the oflfeiicB of bribery or treating that such offence was committed on 
 his licensed premises, the court shall direct such conviction to be entered 
 in the proper register of licenses : 
 
 (/».) If it appears to an election court * * * that a licensed person 
 has knowingly suffered any bribery or treating in reference to any election 
 to take place upon his licensed premises, such court * * * (subject 
 to the provisions of this Act as to a person having an opportunity of 
 being heard by himself and producing evidence before being reported) 
 shall report the same ; and, whether such person obtained a certificate of 
 indemnity or not, it shall be the duty of the Director of Public Prose- 
 cutions to bring such report before the licensing justices from whom or on 
 whose certificate the licensed person obtained his license, and such 
 licensing justices shall cause such report to be entered in the proper 
 register of licenses : 
 
 [c.) Where an entry is made in the register of licenses of any such con- 
 viction of or report respecting any licensed person as above in this section 
 mentioned, it shall be taken into consideration by the licensing justices 
 in determining whether they will or will not grant to such person the 
 renewal of his license or certificate, and may be a ground, if the justices 
 think fit, for refusing such renewal.
 
 APPENDIX. 276 
 
 FOURTH SCHEDULE. 
 
 Form of Declaration by Candidate as to Expenses. 
 
 I , having been a candidate at the election of 
 
 councillor for the borough [or wardj of , on the 
 
 day [and my agents do hereby solemnly and sincerely declare 
 
 that I have paid ] for my expenses at the said elec- 
 
 tion, and that, except as aforsaid, I have not, and to the best of my knowledge 
 and belief, no person, nor any club, society, or association, has on my behalf, 
 made any payment, or given, promised, or offered any reward, office, employ- 
 ment, or valuable consideration, or incurred any liability on account of or in 
 respect of the conduct or management of the said election. 
 
 And I further solemnly and sincerely declare that, except as aforesaid, no 
 money, security, or equivalent for money, has to my knowledge or belief been 
 paid, advanced, given, or deposited by anyone to or in the hands of myself, 
 or any other person, for the purpose of defraying any expenses incurred on 
 my behalf on account of or in respect of the conduct or management of the 
 said election. 
 
 And I further solemnly and sincerely declare that I will not at any future 
 time make or be a party to the making or giving of any payment, reward, 
 office, employment, or valuable consideration for the purpose of defraying any 
 such expenses as last mentioned, or provide or be a party to the providing of 
 any money, security, or equivalent for money for the purpose of defraying any 
 such expenses. 
 
 Signature of declarant CD. 
 
 Signed and declared by the above named declarant on the day 
 
 of , before me. 
 
 (Signed) ' E.F. 
 
 Justice of the Peace for 
 
 MUNICIPAL VOTERS EELIEIF ACT, 1885. 
 
 [48 Vict., Ch 9.] 
 
 An Act to relieve Municipal Voters from being disqualified in consequence of 
 letting their Dwelling-houses for short periods, 
 
 [28th April, 188.5.] 
 
 Whereas by the House Occupiers Disqualification Eemoval Act, 1878, 
 provision was made that a man should be entitled to be registered as an 
 inhabitant occupier of a dwelling-house under the third section of the 
 Representation of the People Act, 1867, notwithstanding that during a part 
 of the qualifying period not exceeding four months in the whole, he should 
 by letting, or otherwise, have permitted the qualifying premises to be occupied 
 as a furnished house by some other person: 
 
 And whereas similar provision was made as regards Scotland by the House 
 Occupiers Disqualification Removal (Scotland) Act, 1878 : 
 
 And whereas it is expedient to extend the said Acts to voters at municipal 
 elections : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by and 
 with the advice and consent of the Lords Spiritual and Temporal, and 
 Commons, in this present Parliament assembled, and by the authority of the 
 same, as follows :
 
 276 THE ENGLISH MUNICIFAL CODE. 
 
 1, This Act may be cited as the Municipal Voters Relief Act, 1885. 
 
 2. From and after the passing of this Act a man shall not be disqualified 
 from being enrolled or voting as a burgess at any municipal ekction in a 
 borough, in n-sprct of the occupation of any house, by reason only that during 
 a part of the qualifying period, not exceuding four months in the whoh-, he 
 has, by letting or otherwise, permitted such house to be occupied as a 
 furnished dwelling-house by some other person, and during such occupation 
 by another person has not resided in or within seven miles of the borough. 
 
 3; In this Act — 
 
 The expression "burgess" has, in England, the same moaning as in 
 the Municipal Corporations Act, 1882, and in Scotland and Ireland means 
 a person entitled to vote at a municipal election in Scotland and Ireland 
 respectively. 
 
 The expression "municipal election" has, in England, the same 
 meaning as in the iMunieipal Corporation Act, 1882, and in Scotland and 
 Ireland, has the same meaning as that expression is defined to have with 
 reference to Scotland and Ireland respectively by the Ballot Act, 1872. 
 
 4. Whereas in the municipal borough of Dublin the qualifying period of 
 occupation is a period of two years and eight months, ending the last day of 
 August, and it is expedient that such qualifying period should be reduced : 
 Be it enacted, that from and after the passing of this Act the qualifying 
 period of occupation in the said municipal borough shall be a period of twelve 
 months preceding the first day of September, instead of such period of two 
 years and eight months. 
 
 ELECTIONS (HOURS OF POLL) ACT, 1885. 
 
 [48 Vict., Cn. 10.] 
 
 An Act to extend the Hours of Polling at Parliamentary and Municipal 
 Elections. 
 
 [28th April, 1885.] 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the advice 
 and consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of the same, as follows : 
 
 L At every parliamentary and every municipal election within the 
 meaning of this Act, the poll (if any) shall commence at eight o'clock in 
 the forenoon, and be kept open till eight o'clock in the afternoon of the same 
 day and no longer. 
 
 2, In this Act — 
 
 The expression "parliamentary election" means an election for a 
 county, city, borough, place, or combination of counties, cities, boroughs, 
 and places (not being any university or universities), which returns any 
 knight of the shire or member to serve in Parliament, and where the 
 same is divided for the purpose of such return includes an election for 
 Buch division : 
 
 The ex^jression "municipal election" means an election of a 
 councillor, commissioner of police, or auditor, or (in Ireland) an alderman 
 or any commissioner, in any municipal borough or in any ward thereof : 
 
 The expression "municipal borough" means, — 
 
 As regards England, a borough subject to the Municipal 
 Corporations Act, 1882; and
 
 APPENDIX. 277 
 
 As regards Scotland, a burgh or town which has a town council or 
 police commissioners; and 
 
 As regards Ireland, a borough subject to the Act of the 
 session of the third and fourth years of the reign of Her present 
 Majesty, chapter one hundred and eight, intituled "An Act for the 
 Kegulation of Municipal "Corporations in Ireland," and the Acts 
 amending the same, and includes a place subject to the Act of the 
 ninth year of the reign of King George the Fourth, chapter eighty-two, 
 or to the Towns Improvement (Ireland) Act, 1854, or to any local 
 Act providing for the election of commissioners in any town or place 
 for purposes similar to the purposes of the above-mentioned Acts. 
 
 3. Fpon this Act coming into operation the Parliamentary Elections 
 (Metropolis) Act, 1878, and the Elections (Hours of Poll) Act, 1884, shall 
 be repealed, without prejudice to anything previously done in pursuanco- 
 thereof. 
 
 4. This Act may be cited as the Elections (Hours of Poll) Act, 1885. 
 
 5- This Act shall come into operation at the end of this present Parlia.- 
 ment. 
 
 HONORAHY FREEDOM OF BOROUGHS ACT, 1885. 
 [48 & 49 Vict., Ch. 29.] 
 
 An Act to enable Municipal Corporations to confer the Honorary Freedom of 
 Boroughs upon persons of distinction. 
 
 [22nd July, 1885.} 
 
 Be it enacted by the Queen's Most Excellent Majesty, by and with the advice- 
 and consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of the same, as follows^ 
 viz. : 
 
 1. Notwithstanding anything in the Municipal Corporations Act, 1882, or 
 any other statute, to the contrary, the council of every borough may from 
 time to time, by the authority of not less than two-thirds of their number 
 present and voting at a meeting of the council specially called for the purpose 
 with notice of the object, admit to be honorary freemen of the borough 
 persons of distinction and any persons who have rendered eminent services to 
 the borough, provided that the admission of such persons to be freemen shall 
 not confer the right of voting for any such borough in parliamentary or other 
 elections, or of sharing in the benefit of any hereditaments, common lands, or 
 public stock of such borough or the council thereof, or of any property held 
 in whole or in part for any charitable use or trust. 
 
 2. In this Act "borough" and "municipal corporation" shall respectively 
 have the same meaning as in the Municipal Corporations Act, 1882. 
 
 3. This Act may be cited for all purposes as the Honorary Freedom of 
 Boroughs Act, 1885.
 
 278 Till: i:\OLl.sn .Ur.Mrll'Al. coDE. 
 
 SCHOOL BOARDS ACT, 1885. 
 [48 & 49 Vict., Ch. 38.] 
 
 An Act to amend the Law relating to School Boards so far as affected by the 
 incorporation of a Municipal Borough and as respects the divisions of the 
 Metropolis. 
 
 rSlst July 1885.] 
 
 Be it enacted by the Queen's iTio?t Excellent Majesty, by and -with the advico 
 and consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of the same, as follows : 
 
 1. Whereas by sub-section one of section two hundred and thirteen of the 
 Municipal Corporations Act, 1882, it is enacted as follows : 
 
 " "Where a petition for a charter is referred to the Committee of council, 
 " and it is proposed by the charter to extend the Municipal Corporation Acts 
 " to the municipal borough to be created by the charter, the Committee of 
 " Council may settle a scheme for the adjustment of the powers, rights, 
 "privileges, franchises, duties, property, and liabilities of any then existing 
 *' local authority whose district comprises the whole or part of the area of 
 "that borough, "either with or without any adjoining or other place, and also 
 "of any officer of that authority : " 
 
 And whereas sub-section six of the same section two hundred and thirteen 
 provides that a local authority for the purposes of the above enactment shall 
 mean the authorities therein mentioned, "and any other authority not in this 
 " section excepted and not being a school board, and having powers oi local 
 "government and of rating for public purposes : " 
 
 And whereas difficulties have arisen respecting the effect of the creation by 
 a charter of a municipal borough, where the whole or part of the area of such 
 borough is comprised in the district of a school board, and it is expedient to 
 authorise the removal of such difficulties by a scheme under the said Act : 
 
 Be it therefore enacted as follows : — 
 
 (1.) The words "and not being a school board' in sub-section six of 
 section two hundred and thirteen of the Municipal Corporations Act are 
 hereby repealed ; 
 
 A scheme under that section if affecting a school board — 
 
 (ff) shall before being settled by the Committee of Council be referred 
 to the consideration of the Education Department ; and 
 
 {h) shall not place the new borough under more than one school board ; 
 and 
 
 (c) may provide for the continuance of any bye-laws in force at the 
 date of the scheme. 
 
 (2.) Where within seven years before the passing of this Act a charter has 
 extended the Municipal Corporations Act, 1882, or the Acts whereby con- 
 solidated to the municipal borough created by the charter, any scheme 
 relating to a school board which might have been made under the said Acts if 
 this Act had passed at the date of the said charter may be made after the 
 passing of this Act, and Part Eleven of the Municipal Corporations Act, 1882, 
 shall apply accordingly : Provided that — 
 
 {(i) such scheme may be made on the petition either of tlie council of 
 the said borough or of the persons who composed the school board, or any 
 of them ; and 
 
 {b) the council of the borough may petition against such scheme in 
 accordance with sub-pection four of section two liundred and thirteen of 
 the Municipal Corporations Act, 1882; and
 
 APPEXDIX. 279 
 
 (r) any such scheme may validate any acts done hy the Education 
 Department or the school board or the council of the borough or any 
 justice since the date of the charter. 
 
 (3.) This section shall be in addition to and not in derogation of any powers 
 in relation to school boards for the time being vested in the Committee of the 
 Lords of the Privy Council on Education (who are in this section referred to 
 as the Education Department). 
 
 2. "Whereas by the Elementary Education Act, 187Q, it was enacted that 
 the School Board for London should consist of such number of members 
 elected by the divisions of the metropolis specified in the Fifth (Schedule to. 
 that Act as the Education Department might by order fix, and power was 
 giveu to the Education Department from time to time to alter by way of 
 increase or decrease the number of members of any of the said divisions, but 
 no power was given to alter the said divisions, and it is expedient to divide 
 the Lambeth division into two divisions ; 
 
 Be it therefore enacted as follows : — 
 
 (1.) The Lambeth division of the metropolis for the purpose of the 
 Elementary Education Acts, 1870 and 1.S7?, shall be divided into two divisions 
 named East Lambeth and Wes-rt Lambeth, and the Fifth Schedule to the 
 Elementary Education Act, 1870, shall be construed as if for "Lambeth" 
 there were substituted "East Lambeth" and "West Lambeth." 
 
 (2.) The Education Department shall, so soon as may be after the passing 
 of this Act, by order determine the boundaries of the divisions of East Lambeth 
 and West Lambeth for the purposes aforesaid and the number of members to 
 be elected by each of such divisions, subject nevertheless to any subsequent 
 alteration of the number of members in pursuance of the said Acts. 
 
 (3.) At the first election of the School Board for London which is held after 
 the passing of this Act, members shall be elected for the two divisions 
 constituted by this Act; but nothing in this Act shall affect the School 
 Board for London until such members come into office. 
 
 3. This Act may be cited as the School Boards Act, 1885. 
 
 This Act, so far as relates to school boards on the incorporation of a 
 municipal borough, shall be construed as one with the Municipal Corporations 
 Act, 1882, and together with that Act may be cited as the Municipal 
 Corporations Acts, 1882 and 1885. 
 
 This Act, so far as regards the divisions of the metropolis, shall be construed 
 as one with the Elementary Education Acts, 1870 and 1873, and may be 
 cited together with those Acts as the Elementary Education Acts, 1870 to 
 1885. 
 
 MEDICAL RELIEF DISQUALIFICATION REMOVAL 
 
 ACT, 1885. 
 
 [48 & 49 Vict., Ch. 46.] 
 
 An Act to prevent Medical Belief disqualifying a person from voting. 
 
 [6th August, 1885.] 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the advice 
 and consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of the same, as follows ; 
 (that is to say,) 
 
 1. This Act may be cited as the Medical Belief Disqualification Removal 
 Act, 1885.
 
 28a THE EXGLISH MUXICIPAL CODE. 
 
 2. — (!•) Where a person has in any part of the United Kingdom received 
 for himself, or for any member of his family, any mi-dical or surgical 
 assistance, or any medicine at the expense of any poor rate, such person 
 shall not by reason thereof be deprived of any right to be registered or to 
 vote either — 
 
 (ff) as a parliamentary voter ; or 
 
 (A) as a voter at any municipal election ; or 
 
 (f) as a burgess ; or 
 
 {(f) as a voter at any election to an ofEce under the provisions of any 
 statute : 
 but nothing in this section shall apply to the election — 
 
 {a) of any guardian of the poor ; or 
 
 (i) of any member of any parochial board in Scotland ; or 
 
 ((■) of any other body acting in the distribution of relief to the poor 
 from the poor rate. 
 
 (2.) Every person shall be qualified to be registered as a voter and to vote 
 as aforesaid who would be so qualified if the provisions of this Act had come 
 into force on the fifteenth day of July one thousand eight hundred and eighty- 
 four. 
 
 3- — (1.) In the year one thousand eight hundred and eighty-five, in 
 England, where the overseers have entered "objected" against the names of 
 any persons in the list of ownership voters or in the old lodgers list, or have 
 omitted the names of any voters from any list of voters made by them, and 
 such entry or omission has been made on the ground only of those persons 
 having received such medical or surgical assistance or medicine as in this Act 
 mentioned, and such names would not if this Act had previously passed have 
 been so objected to or omitted, the overseers shall make a list of such persons 
 and such list shall be published, revised, and dealt with in all respects as ii it 
 were part of the list of claimants in respect of the occupation of property with 
 the qualifications following (namely) : — 
 
 The revising barrister shall, without the appearance of or any proof 
 by any such person, retain his name in the list made by the overseers 
 under this section, unless he is objected to, and the objector proves that 
 such person is not entitled to be registered ; and if such objection is 
 made the revising barrister shall, notwithstanding the absence of the 
 said person, take the evidence of the overseers as to his right to be 
 registered. 
 
 Any person whose name ought to have been inserted in the list made 
 by the overseers under this section, and has been omitted therefrom, may 
 claim to have his name inserted in the lists of voters by giving to the 
 overseers, within six days after the publication of such lists, notice of 
 such claim in the manner and form provided by law with respect to other 
 claims, and the overseers shall produce all such claims to the revising 
 barrister, and he shall revise and deal with the same in like manner as 
 with ordinary claims. 
 
 (2.) The clerk of the peace or town clerk shall insert in their proper place 
 in the register the names of the persons in the said list when revised. 
 
 (3.) Every clerk of the peace and town clerk acting under the Acts relating 
 to the registration of parliamentary voters shall forthwith after the ])assing of 
 this Act issue precepts to the overseers informing them of their duties under 
 it ; provided that this Act shall not be construed to create any disability 
 where such disability does not now exist. 
 
 4. The term "medical or surgical assistance " in this Act shall include 
 all medical and surgical attendance, and all matters and things supplied by 
 or on the recommendation of the medical officer having authority to give such 
 attendance and recommendation at the expense of any poor rate!
 
 APPENDIX. 
 
 281 
 
 ABSTRACT OF SUMMARY JURISDICTION ACT. 1884. 
 
 [47 & 48 Vict., Ch. 43.] 
 
 An Act to repeal divers enactments rendered unnecessary by the Summary 
 Jurisdiction Acts and other Acts relating to proceedings before Courts of 
 Summary Jurisdiction, and to make further provision for the uniformity 
 of proceedings before those Courts. [7th August, 1884.] 
 
 9. Nothing in section two hundred and twenty-seven of the Municipal 
 Corporations Act, 1882, shall be taken to have repealed section thirty-eight 
 of the Summary Jurisdiction Act, 1879. 
 
 SCHEDULE. 
 
 Enactments (amongst others) repealed. 
 
 This schedule down to the year 1868 refers to the Statutes, Revised 
 Edition, published by authority under the direction of the Statute Law 
 Committee. 
 
 A description or citation of a portion of an Act in this schedule is inclusive 
 of the word, section, or other part first and last mentioned or otherwise 
 referred to as forming the beginning or as forming the end of the portion 
 described in the description or citation. 
 
 Year and Chapter. 
 
 Title or Short Title. 
 
 Extent of Repeal. 
 
 42 & 43 Vict. c. 49 
 
 The Summary Jurisdic- 
 
 In section thirty - one, the 
 
 
 tion Act, 1879. 
 
 words " by this Act or by 
 "any future Act." 
 Section thirty-two, down to 
 *' in accordance with the 
 "conditions and regula- 
 " tions contained in this 
 "Act." 
 
 46 & 46 Vict. c. 60 
 
 The Municipal Corpora- 
 
 Sub sections five and six of 
 
 
 tions Act, 1882. 
 
 section two hundred and 
 twenty-seven.
 
 282 THE EXOI.Isll .y f .\ K I I'A I. CODE. 
 
 ABSTRACT OF CORONERS ACT, 1887. 
 [50 & 51 YiCT., Cii. 71.] 
 
 An Act to ooiisolidate the Law rulating to Coronnrs. 
 
 [I'Jlh Suptumber, 1887.] 
 
 Preliminary, 
 1. This Act may be cited as the Coroners Act, 1887. 
 2- This Act shall not apply to Scotland or Ireland. 
 
 PAET I. 
 Law of Cokoners. 
 
 Inquest, 
 
 6. (1.) Where Her Majesty's High Court of Justice, upon application 
 made by or under the authority of the Attorney-General, is satisfied either — 
 
 (rt.) that a coroner refuses or neglects to hold an inquest which ought 
 
 to be held ; or 
 
 {b.) Where an inquest has been held by a coroner that by reason of 
 
 fraud, rejection of evidence, irregularity of proceedings, insufficiency of 
 
 inquiry, or otherwise, it is necessary or desirable, in the interests of 
 
 justice, that another inquest should be held, 
 the court may order an inquest to be held touching the said death, and may, 
 if the court think it just, order the said coroner to pay such costs of and 
 incidental to the application as to the court may seem just, and where an 
 inquest has been already held may quash the inquisition on that inquest. 
 
 (2.) The court may order that sucli inquest shall be held either by the said 
 coroner, or if the said coroner is a coroner for a county, by any other coroner 
 for the county, or if he is a coroner of a borough or fcir a franchise then by a 
 coroner for the county in which such borough or franchise is situate, or for a 
 county to which it adjoins, and the coroner ordered to hold the inquest shall 
 for that purpose have the same powers and jurisdiction as, and be deemed to 
 be, the said coroner. 
 
 7. — (1.) The coroner only within whose jurisdiction the body of a person 
 upon whoso death an inquest ought to be holden is lying shall hold the 
 inquest, and where a body is found dead in the sea, or any creek, river, or 
 navigable canal within the flowing of the sea where there is no deputy coroner 
 for the jurisdiction of the Admiralty of England, the inquest shall be held 
 only by the coroner having jurisdiction in the place where the body is first 
 brought to land. 
 
 (2.) Jn a borough with a separate court of quarter sessions, no coroner, 
 save as is otherwise provided by this Act, shall hold an inquest belonging to 
 the office of coroner, except the coroner of the borough, or a coroner or 
 deputy coroner for the jurisdiction of the Admiralty of England. 
 
 (3.) In a borough which has not a separate court of quarter sessions no coroner, 
 save as is otherwise provided by this Act, shall hold an inquest belonging to 
 the office of cdroner except a coroner for the county or a coroner or a deputy- 
 coroner for the jurisdiction of the Admiralty of England.
 
 APrEXniX. 283 
 
 L',abilitiri> of (Joronci\ 
 
 Q. — (1.) The Lord Chancellor may, if he thinks fit, remove any coroner 
 from his office for inability or misbehaviour in the discharge of his duty. 
 
 Expenses and Returns of Inquests. 
 
 25. The local authority for a county or borough from time to time may 
 make, and when made may alter and vary a schedule of fees, allowances, and 
 disbursements which on the holding of an inquest may lawfully be paid and 
 made by the coroner holding such inquest (other than the fees payable to 
 medical witnesses in pursuance of this Act), and the local authority shall 
 cause a copy of every such schedule to be deposited with the clerk of the 
 peace of the county or with the town clerk of the borough, and one other 
 copy thereof to be delivered to every coroner concerned. 
 
 27, — (!•) Every coroner shall, within four months after holding an inquest, 
 cause a full and true account of all sums paid by him under this Act to be laid 
 before the local authority of the county or borough by whom the sums are to 
 be reimbursed to him. 
 
 (2.) Every account shall be accompanied by such vouchers as under the 
 circumstances may to the local authority seem reasonable, and the local 
 authority may, if they think fit, examine the said coronor on oath as to the 
 account, and on being satisfied of the correctness thereof, the local authority 
 shall order their treasurer to pay to the coroner the sum due to him on such 
 account, with the addition, in the case of a coroner of a borough, of six 
 shillings and eight pence for each inquest; and the treasurer shall pay the 
 same out of the local rate, without any abatement or deduction whatever, and 
 bhall be allowed the same on passing his accounts. 
 
 28, Every coroner of a borough shall on or before the first day of February 
 in every year make and transmit to a Secretary of State a return in writing, in 
 Buch form and containing such particulars as the Secretary of State from time 
 to time directs, of all cases in which an inquest has been held by him, or by 
 some person in lieu of him, during the year ending on the thirty-first day of 
 December immediately preceding. 
 
 Savings and Miscellaneous. 
 
 33, Nothing in this Act shall affect the application to coroners of a 
 borough of the provisions of the Municipal Corporations Act, 1882, with 
 respect to the appointment, qualification, tenure of office, and payment of a 
 coroner of a borough, and the appointment of a deputy by such coroner. 
 
 Definitions. 
 
 38. Ill this Act the expression " count}'," unless there is something incon- 
 sistent in the context, does not include a county of a city or a county of a 
 town, but includes any division or liberty of a county which has a separate 
 court of quarter sessions for which a separate coroner has customarily been 
 elected, but the whole of Yorkshire and the whole of Lincolnshire shall 
 respectively be a county for the purposes of this Act. 
 
 41. Eor the purposes of this Act — 
 
 [a) The local authority of a county shall be the court of quarter 
 sessions of the county ; and 
 
 {b) The local authority of a borough shall be the mayor, aldermen, and 
 burgesses of the borough acting by the council ; and 
 
 {(') The local rate shall be, in the case of a county, the county rate, or 
 rate in the nature of a county rate, and, in the case of a borough, the 
 borough fund or borough rate ; and 
 
 (rl) In Lincolnshire and Yorkshire respectively the justices in gaol
 
 284 THE EXGLISH MUNICIPAL CODE. 
 
 sessions shall be the lo3al authority, and the clerk to such justices shall 
 act as dork of the peace, and the rate in the nature of a county rate levied 
 by those sessions shall be the local rate. 
 
 42. In this Act, if not inconsistent with the context, the following terms 
 and expressions have the meanings hereinafter respectively assigned to them. 
 
 The expression " quarter sessions " includes general sessions. 
 
 The expression " borough "' means any place for the time being subject 
 to the Municipal Corporations Act, 1882, and the Acts amending the 
 same. 
 
 Temporary Provisions and Repeal. 
 
 45. The Acts specified in the Third Schedule to this Act are hereby 
 repealed, from and after the passing o£ this Act, to the extent specified in the 
 third column of that schedule. 
 
 I'rovided that — 
 
 (1.) A coroner elected before the passing of this Act, shall continue to 
 hold office in like manner as if he had been elected under this Act, and 
 
 (2.) Any schedule of fees, allowances, and disbursements made by a 
 local authority for a county or borough before the passing of this Act 
 shall, until a schedule is made in pursuance of this Act, be of the same 
 effect as if the schedule had been made in pursuance of this Act, and 
 (3.) This repeal shall not affect — 
 
 (a) The past operation of any enactment hereby repealed, nor any- 
 thing duly done or suffered under any enactment hereby repealed ; 
 or, 
 
 {b) Any right, privilege, obligation, or liability acquired, accrued, 
 or incurred under any enactment hereby repealed ; or 
 
 [c] Any penalty, forfeiture, or punishment incurred in respect of 
 any offence committed against any enactment hereby repealed ; or 
 
 [d) Any inquest on any death which occurred before the commence- 
 ment of this Act or an inquisition found thereon, or any investiga- 
 tion, legal proceeding, or remedy in respect of any such right, 
 privilege, obligation, liability, penalty, forfeiture, or punishment as 
 aforesaid ; and any such inquest, investigation, legal proceeding, and 
 remedy, and the trial of any such inquisition may be carried on as if 
 this Act had not passed. 
 
 (4.) This repeal shall not revive any jurisdiction, office, duty, fee, 
 franchise, liberty, custom, right, title, privilege, restriction, exemption, 
 usuage, practice, procedure, or other matter or thing not in force or 
 existing at the passing of this Act. 
 
 (5.) Save in so far as is inconsistent with this Act, any principle or 
 rule of law, or established jurisdiction, practice, or procedure, or existing' 
 usage, franchise, liberty, or custom, shall, notwithstanding the repeal of 
 any enactment by this Act, remain in full force. 
 
 SECOND SCHEDULE. 
 
 FOKMS. 
 
 [JoJVM of Declaration of Office of Coroner.] 
 
 I solemnly, sincerely, and trulv declare and affirm that I will well and truly 
 serve our Sovereign Lady the Queen and her liege people in the office of 
 coroner for this county [<>r borough or as the rase nun/ he'] of 
 
 , and that I will diligently and truly do everything apper- 
 taining to my office after the best of mv power for the doing of right, and for 
 the good of the inhabitants within the said county [«'• borough or as the case 
 t»ny be.]
 
 APPENDIX. 286 
 
 THTED SCHEDULE. 
 
 This Schedule repeals section 171 from ** and thereafter" down to " office of 
 coroner,'' section 173 and section 174 of the Municipal Corporations Act, 1882, 
 
 ABSTRACT OF THE COUNTY ELECTORS ACT, 1888. 
 
 [51 Vict. c. 10.] 
 An Act to provide for the qualification and registration of electors for the 
 purposes of Local Government in England and AVales. [16th May, 1888.] 
 
 [Section 3 will be found quoted in full at page 28, a)ife.'] 
 4. (1.) The Registration of Electors Acts shall, so far as circumstances 
 admit, apply to the enrolment of burgesses in a municipal borough, to which 
 the Parliamentary and Municipal liegistration Act, 1878, does not ^pply, and 
 to the registration of county electors within the meaning of this Act ; and the 
 lists of burgesses, and of county electors, and of occupation voters for 
 parliamentary elections, shall, so far as practicable, be made out and revised 
 together ; and the Registration of Electors Acts shall accordingly — • 
 
 (ff) apply to every such muuicipal borough in like manner as if it 
 were a borough to which sub-section two of section six of the Registration 
 Act, 1885, applied (subsection one of which section is hereby repealed), 
 and revising assessors for such borough shall not be elected. 
 
 SCHEDULE. 
 
 Registration Act, 1885. 
 Definition of Ten Pounds Occupation Qua lijl cation (nee section 3 at page 28, ante). 
 A person entitled to be registered as a voter in respect of a ten pounds 
 occupation qualification in a borough, municipal or parliamaatary — 
 
 (a) must during the whole twelve months immediately preceding the 
 fifteenth day of July have been an occupier as owner or tenant of some 
 land or tenement in a parish [or township] of the clear yearly value of 
 not less than ten pounds ; and 
 
 {h) must have resided in or within seven miles of the borough during 
 six mouths immediately preceding the fifteenth day of July ; and 
 
 (c) such person, or some one else, must during the said twelve months 
 have been rated to all poor rates made in respect of such land or tene- 
 ment ; and 
 
 [d) all sums due in respect of the said land or tenement on accoixnt of 
 any poor rate made and allowed during the twelve months immediately 
 preceding the fifth day of January next before the registration, or on 
 account of any assessed taxes due before the said fifth day of January, 
 must have been paid on or before the twentieth day of July. 
 
 If two or more persons jointly are such occupiers as above mentioned, and 
 the value of the land or tenement is such as to give ten pounds or more for 
 each occupier, each of such occupiers is entitled to be registered as a voter. 
 
 If a person has occupied in the borough di9"erent lands or tenements of the 
 requisite value in immediate succession during the said twelve months, he is 
 entitled in respect of the occupation thereof to be registered as a voter in the 
 parish [or township] in v/hich the last occupied land or tenement is situate. 
 
 ABSTEACT OF THE RECORDEES, MAGISTEATES, 
 AND CLEEKS OF THE PEACE ACT, 1888. 
 
 [51 & 52 Vict., Ch. 23.] 
 
 An Act to make better provision as to the appointment of deputies for 
 Recorders, Stipendiary Magistrates, and Clerks of the Peace. 
 
 [10th August, 1888.] 
 
 1. — (1.) If at any time it appears to the authority having power to appoint 
 a recorder or a stipendiary magistrate or a clerk of the peace for any place or 
 county, that the recorder, magistrate, or clerk of the peace for that place or 
 county is, by reason of illness, absence, or any other cause, incapable of
 
 286 THE EXGLISH MUXICIPAL COLE. 
 
 appointiii!* or removing a deputy, the authonty may exercise that power on 
 his behalf, and in so doinji; may assij^n out of hid salary or stipend a .suitable 
 n'muneration to any deputy appointed under the power. 
 
 (2.) Every deputy appointed under this section shall, during the time for 
 which ho is api)ointed, have all the powers and privileges and perform all the 
 duties of tho recorder, magistrate, or clerk of the peace for whom he is 
 appointed. 
 
 ABSTRACT OF THE LOCAL GOVERNMENT (ENG- 
 LAND AND AVALES) ACT, 1888. 
 
 Introduced in the House of Commons on tlio 19th of March, 188S, by theEight 
 Hon. C. T. liitchie, President of the Local Government Board, and passed into 
 law on tho 13th of August, 1888. 
 
 PART I. 
 
 County Councils. 
 
 Co7istitution of Countij Council. 
 Section. 
 
 1. Establishment of county council. 
 
 2. Composition and election of council and position of chairman. 
 
 Powers of Countij Council. 
 
 3. Transfer to count}" council of administrative business of quarter sessions. 
 
 4. Transfer of certain powers under local Acts. 
 
 5. Appointment of (■oroncrs by county council. 
 
 6. Power of council as to bridges. 
 
 7. Transfer to county council of certain powers of justices out of session. 
 
 8. Pe.servation of business to quarter sessions. 
 
 9. Powers as to police. 
 
 10. Transfer to county council of powers of certain Government departments 
 
 and other authorities. 
 
 11. Entire maintenance of main roads by county council. 
 
 12. Koads and tolls in Isle of Wight. 
 
 13. Adaptation of Act .to South AVales roads. 
 
 14. Power to county council to enf(jree provisions of 39 &40 Vict. c. 75. 
 
 15. Council to have power to oppose Bills in Parliament. 
 
 16. Power of county council to make bye-laws. 
 
 17. Power of county councils to appoint medical officer of health. 
 
 18. Qualification of medical officers of health. 
 
 19. Power of county council as to report of medical ofEcer of health. 
 
 Financial Relations hetween Exchequer and Counti/, and Contributions 
 lij County for Costs of Union Officers. 
 
 20. Payment to county council of proceeds of duties on local taxation licences. 
 
 21. Grant to county council of portion of probate duty. 
 
 22. Distribution of probate duty grant. 
 
 23. Application of duties on local taxation licences and probate duty grant. 
 
 24. Payments by county council in substitution for annual local grants out of 
 Exchequer in aid of local rates. 
 
 25. As to Secretary of State's power respecting efficiency of police. 
 [Grants in aid of police may be withheld if a borough force has not been 
 
 kept efficient.] 
 
 26. Grant by county council towards costs of officers of union. 
 
 27. Supplemental provisions as to local taxation account and Exchequer 
 contribution account. 
 
 General Provisions as to Transfer. 
 
 28. General provisions as to powers transferred to county council. 
 
 29. Summary proceeding for determination of questions as to transfer of 
 powers. 
 
 30. Standing joint committee of quarter sessions and county council for the 
 purpose of police, clerk of the peace, officers, &c.
 
 ■APPENDIX. 2S7 
 
 PART II. 
 
 Application op Act to Boroughs, the Metropolis, and 
 CERTAIN Special Counties. 
 
 Application of Act to Boroughs. 
 
 31. Each of tlie boroughs named in the Third Schedule to this Act being a 
 borough -which on the first day of June one thousand eight hundred and eighty- 
 eight, either had a population of not less than fifty thousand, or was a county 
 of itself shall, from and after the appointed day, be for the purposes of this 
 Act an administrative county of itself, and is in this Act referred to as a 
 county borough. 
 
 Provided that for all other purposes a county borough shall continue to be 
 part of the county (if any) in which it is situate at the passing of this Act, 
 and if a separate commission of assize, oyer and terminer, or gaol delivery is 
 not directed to be executed within the borough, the borough shall, for the 
 purposes of any such commission, and of the service of jurors, and the making 
 of jury lists, be part of the county in which it is specified in the said 
 schedule to be deemed for the purposes of this Act to be situate. 
 
 32. — ^(1-) -A-ii equitable adjustment respecting the distribution of the 
 proceeds of the local taxation licences, and probate duty grant, and respecting 
 all other financial relations, if any, between each county, and each county 
 borough, specified in the said schedule as being deemed for the purposes of this 
 Act to be situate in that county, shall be made by agreement, within twelve 
 months after the appointed day, between the councils of each county and 
 each borough, and in default of any such agreement, by the Commissioners 
 appointed under this Act ; and such adjustment shall provide, in the case of 
 any expenses which may in future be incurred by the county wholly or partly 
 on behalf of the borough for the liability of such borough to contribute, and 
 save as provided by this Act, any existing liability to contribute or to 
 incur expense shall, after the appointed day, cease, and an equitable provision 
 for such cessation shall be made in the adjustment. 
 
 (2.) Where a county borough is specified in the said schedule as being 
 deemed for the purposes of this Act to be situate in more than one county, the 
 necessary adjustment shall be made between the counties. 
 
 (3.) In such adjustment regard shiU be had to the existing property, debts, 
 and liabilities (if any) connected with the financial relations of the county 
 and borough, and to the consideration that the county is not to be placed in 
 any worse financial position by reason of the boroughs therein being 
 constituted county boroughs, and that a county borough is not to be placed 
 in a worse financial position than it would have been in if it had remained 
 part of the county and had shared in the division of the sums received by a 
 county in respect of the licence duties and the probate duty grant as provided 
 by this Act, and to the amount of benefit and value of the services which the 
 borough receives in return for existing contributions, if any, and to all the 
 circumstances of each case which it appears equitable to consider, subject 
 nevertheless to the following provisions : — 
 
 («.) Where separate commissions of assize, oyer and terminer, and gaol 
 delivery are not directed to be executed in a county borough, the borough 
 council shall contribute a proper share of the costs of and incidental to 
 the assizes of the county : 
 
 (i.) If the borough is not at the passing of this Act a quarter sessions 
 borough, the borough council shall contribute a proper share of the costs 
 of and incidental to the quarter sessions and petty sessions of the county, 
 and of and incidental to the coroners of the county or any franchise 
 therein, and if a grant of a court of quarter sessions is hereafter made to 
 the borough, the borough shall redeem the liability to such contribution, 
 on such terms as may be agreed upon, or, in default of agreement, may be 
 determined by arbitration under this Act : 
 
 (<;.) Where any portion of the costs of building and furnishing any 
 county lunatic asylum has been contributed by a county borough, then, 
 until anew arrangement is made between the county and borough councils, 
 the borough council shall contribute in respect of the lunatic asylums for 
 the time being of the county the like amount as would if this Act had 
 not passed have been contributed by the borough ; and the county
 
 288 THE EXUI.lsll MUXICIPAL CODE. 
 
 council sluiU provide accommodation for and maintain pauper lunatics 
 sent from the borough on tin- like- terms as before the passing of this Act ; 
 and the borough council may, if they so desire, appoint to be members of 
 the committee of visitors of any such asylum such number of members of 
 the council as may be agreed upon, or in default of agreement be deter- 
 mined liy the Commissioners under this Act, but such appointment shall 
 be in substitution for any appointment made on the part of the borough 
 under any existirg law or arrangement. Any new arrangement may 
 be made between the county council and all the borough councils 
 concerned with respect to any such lunatic asylum, and if any such new 
 arrangement is made, the borough and county councils may carry into 
 eflect any adjustment of property, debts, and liabilities which is the subject 
 of such arrangement. If any council desires to make a new arrangement, 
 and any or all of the other councils refuse to agree to the same, the matter 
 shall be referred to the Coa.missioners under this Act, or, after they hava 
 ceased to hold olliec, to arbitration under this Act. 
 ((/.) Each county borough sh;Jl be lialile for the maintenance of pauper 
 
 lunatics in like manner as any other county. 
 (4.) In the adjustment of any financial relations other than the distribution 
 of the proceeds of the licences and probate duty grant, no borough wholly or 
 partially exempt from contributing to any object shall be rendered liable so to 
 contribute or to contribute in greater proportion than at present. 
 
 (5.) The provisions of Part III. of this Act with respect to the adjustment 
 of property, income, debts, liabilities, and expenses, and to borrowing for the 
 purpose shall apply as if the Commissioners under this Act were the arbitrator 
 in that Part mentioned. 
 
 (6.) Provided that at any time after the end of five yers from the date of an 
 agreement or award adjusting the financial relations of any county and 
 borough, if the council of either the county or borough satisfy the Local 
 Clovernment Board that the adjustment has become inequitable, and that the 
 councils are unable to agi-ee on a new adjustment, the board shall appoint an 
 arbitrator; and such arbitrator shall proceed to make a new equitable adjust- 
 ment as if he were the Commissioners under this Act, and the provisions of 
 this Act shall apply accordingly. Any new adjustment made by agreement, 
 or by the award of an arbitrator under this section, may, after the expiration 
 of five years from the date of such agreement or award, be altered either by 
 agreement or by arbii ration as above mentioned. 
 
 (7.) Until any adjustment in pursuance of this section has come into opera- 
 tion, the county or borough council shall pay out of the county or borough 
 fund to the borough or county council, as the case may be, the average annual 
 amount which during the three years next before the appointed day has been 
 expended by the county for the benefit of the borough, or contributed by the 
 borough to the county, as the case may be, but any sum so paid shall be taken 
 into account in the making of the adjustment, and the adjustment shall be 
 made so as to take effect as from the appointed day. 
 
 (8.) Any contribution by a county borough to the county in pursuance of 
 this section shall be required and made in accordance with section one hundred 
 and fifty-three of the Municii)al Corporations Act, 1882, and that section, 
 except so far as relates to the appointment of an arbitrator, shall apply in like 
 manner as if every such borough were a quarter sessions borough situate in the 
 county. 
 
 (9.) Expressions in this section relating to contributions by a borough to a 
 county shall be construed to include any sura raised by the assessment of the 
 parishes or hereditaments in the borough to the county rate, 
 
 33. — (1.) Nothing in this Act with respect to county boroughs shall 
 prevent the continuance of one police force for any county borough and any 
 county, or the consolidation of the police forces of any county borough and any 
 county in like manner as heretofore, but where the provisions of this Act afi'ect 
 the arrangement with respect to the consolidated police force for a county and 
 borough, an adjustment shall be made between the council of the borough and 
 coxmty in accordance with the provisions of this Act. The foregoing 
 provisions of this section shall apply to boroughs which are not county 
 boroughs in like manner as if they were re-enactod and in terms made 
 applicable to those boroughs. 
 
 (2.) "Where, for the purpose of calculating any contribution or payment 
 to be made under this Act, it is necessary to ascertain the rateable value of
 
 ARPEXDIX. 289 
 
 both a county and a county borough, such rateable value shall be ascertained 
 and fixed by a joint committee composed of representatives of all the councils 
 concerned, and such committee shall for that purpose have all the powers and 
 jurisdiction of quarter sessions and of a committee of justices appointed under 
 the County Rate Act, 1852, and the Acts amending the i^ame, and the number 
 of representatives for the county and each county borough respectively shall 
 be^settled by agreement, or in default of agreement by the Local Government 
 Board. 
 
 34. — (!•) The mayor, aldermen, and burgesses of each county borough 
 acting by the council shall, subject as in this Act mentioned, have and be 
 subject to all the powers, duties, and liabilities of a county council under this 
 Act (in so far as they are not already in possession of or subject to the same), 
 and in p^ticular shall, subject to the provisions of this Act as to adjustment 
 between counties and county boroughs, be entitled to receive the like sums out 
 of the Local Taxation Account, and be bound to make the like payments in 
 substitution for local grants and the like giants in respect of the costs of the 
 ofiicers of unions and of district schools as in the ease of a county council, so 
 far as the circumstances make such payments applicable, and all the provisions 
 of this Act (including those with respect to the forfeiture on the withholding 
 by a Secretary of State of his certificate as respects the police of the county) 
 shall accordingly, so far as circumstances admit, apply in the case of every 
 such borough, with the necessary modifications, and in particular with the 
 following modifications: — 
 
 [a.) The county borough shall be substituted for the county, and 
 borough fund shall be substituted for county fund, and town clerk shall 
 be substituted for clerk of the peace and clerk of the council : 
 
 {b.) A reference to two or more counties shall inc'ude a reference to 
 county boroughs as well as counties. 
 
 [c.) Such powers, duties, and liabilities of the court of quarter 
 sessions, or justices as in the case of a county are transferred to the 
 county council shall be transferred to the council of the county borough, 
 whether the same are vested in or attached to the court of quarter 
 sessions or justices of the borough or of the county in which the borough 
 is situate : 
 
 [d.) In the case of the duties collected by the Commissioners of Inland 
 Revenue in respect of the licences for trade carts, locomotives, horses, 
 mules, and horse dealers under any Act of the present session, those 
 Commissioners shall certify the amount collected in each county in like 
 manner as if the county included each county borough specified in the 
 Third Schedule to this Act as deemed to be situate in that county, and 
 the amount as so ascertained shall be divided between the said boroughs, 
 and the residue of the said count}' in proportion to rateable value as fixed 
 by the joint committee in pursuance of this Act, and until such value is 
 fixed in proportion to rateable value according to the standard or basis 
 for county contributions for the time being, and the share so ascertained 
 shall be paid in like manner as if it had been collected in the county 
 borough or in the residue of the county, as the case may be : 
 
 {e.) Any sura standing to the Exchequer contribution account of a 
 county borough which remains after payment of the grant required to be 
 made in respect of the costs of union ofiicers shall be carried to the 
 borough fund, or be applied in aid of such rate leviable over the whole of 
 the bon.ugh as the council may determine, and the provisions respecting 
 the payment of the same to the general county account of the county 
 fund, and the subsequent application and division thereof, shall not apply. 
 (2.) On the appointed day there shall be transferred to the mayor, alder- 
 men, and burgesses of each county borough all such biidges and approaches 
 thereto, or parts thereof, situate within the borough as were previously repair- 
 able by the county or any hundred therein, and the costs of the council in 
 repairing such bridges and approaches, or parts thereof, and in repairing any 
 roads in the borough which by virtue of this Act or any Act applied by this 
 Act are main roads, shall be payable out of the borough fund. 
 (3.) The provisions of this Act with respect to — 
 
 (a.) the constitution, election, proceedings, or position of the county 
 council or the chairman thereof, 
 
 [h.) the county treasurer, countv surveyor, and other county officers, 
 19
 
 •29n TIIK ENGLISH MCXICirAL COTiE. 
 
 [c.) the standing joint committee of tlie justices and the council, or 
 (d.) coronurs, or 
 ('•.) tras nieteis, or 
 
 (/.) the transfer to the council of powers relating to county and other 
 rates, and the preparation or revision of the basis or standard for the 
 ciiunty rale ; 
 Bhall not apply to county boroughs, nor shall Part IV. of this Act relating to 
 finance apply, save so far as is expressly provided in that Part. 
 
 (4.) Provided that -where the district of any county coroner is wholly 
 situate within a county Lorou-jh, the coroner for that district shall be 
 appointed by the council of that borough, and the writ for his election may be 
 issued to that council instead of to the county council, and where the district 
 of any county coroner is situate partlj' within and jiartly without a county 
 borough, the writ for the election of such coroner shall be issued to the 
 county council, but if there is a joint committee of the county and bnrough 
 councils for the purpose, the question of the person to be elected shall bo 
 referred to that joint committee, and the county council shall appoint the 
 person recommended by the majority of such committee. 
 
 (o.) If the council of a county borough so require, a joint committee shall 
 from time to time be appointed for the purposes of coroners, consisting of 
 such number of members of the county and borough councils as may be agreed 
 upon, or in default of agreement may be determined by a Secretary of State. 
 
 (6.) Nothing iu this Act shall transfer to the council of any borough any 
 power in relation to the division of the county into polling districts for the 
 purpose of a parliamentary election for the county, the appointment of places 
 of election for the county, the places of holding courts for tho revision of the 
 lists of voters, and the costs of, and other matters to be done for, the registra- 
 tion of parliamentary voters lor the county. 
 
 (7.) The powers and duties of the county authority under the Allotments 
 Acts, 1887, shall, as respects the borough, continue to be exorcised and per- 
 formed by the Local Governfhent Board, 
 
 (8.) This Act and the IMunicipal Corporations Act, 1882, shall be construed 
 60 as to give effect to the provisions of this section. 
 
 35. In the case of a quarter sessions borough, not being one of the 
 boroughs named in the Third Schedule to this Act, but containing, according 
 to the ceusus of one thousand eight hundred and eighty-one, a population of 
 ten thousand or upwards, the lollowing provisions shall, on and after the 
 appointed day, apply : 
 
 (1.) Nothing in this Act shall transfer to the count}' council any power 
 of the council of the borough as local authority under any Act, or (save 
 as in this Act expressly mentioned) alter the powers, duties, and liabili- 
 ties of the council of the borough under the Municipal Corporations Act, 
 1882, but subject to the above provisions and to the savings herein-after 
 contained, the borough shall form part of the county for the purposes of 
 this Act, and the parishes in the borough shall, subj(;ct to the exemptions 
 herein-after mentioned, be liable to be assessed to county contributions 
 in like manner as the rest of the count j'. 
 
 (2.) Where such borough is at the passing of this Act exempt, in whole 
 or in part, from contributing towards costs incurred for any purpose for 
 which the quarter sessions of the county in which the borough is situate 
 are authorised to incur cost the parishes in the borough shall not, save as 
 in this Act expressly mentioned, be assessed by the county council to 
 county contributions in respect of costs incurred for any such purpose, 
 nor in "the case of a partial exemption, be so assessed for any larger sum 
 than such as will give effect to that exemption, but this exemption shall 
 not extend to any costs incurred for the purpose of any powers, duties, 
 or liabilities of the justices of the borough, which will by virtue of this 
 Act be exercised or discharged by the county council nor to any costs of 
 or incidental to the assizes of the county. 
 
 (3.) Notwithstanding the last enactment the borough shall, for the 
 purposes of the provisions of the Highways and Locomotives (Amendment) 
 Act, 1878, respecting main roads, form part of the countj', and the costs 
 of maintaining, repairing, improving, enlarging, or otherwise dealing with 
 nny main road in the borough shall be paid out of the coimty fund, and 
 the payment of the ousts incurred in the executiou ol the provisions of
 
 APPENDIX. 291 
 
 this Act with respect to main roads shall be a general county purpose for 
 which the parishes of the borough may be assessed to county contribu- 
 tions : 
 
 (4.) Provided that — 
 
 (ff.) the borough shall be deemed to be an urban sanitary district 
 within the meaning of the Highways and Locomotives (Amendment) 
 Act, 1878 ; and the council of the borough shall have the power under 
 the Highways and Locomotives (Amendment) Act, 1878, of making 
 bye-laws respecting locomotives, and authorising locomotives to be 
 used on any road within the borough, save that if any difference ia 
 madebysuch bye-laws or authority between any main road maintained 
 by the county council and the other roads in the borough, such authority 
 and bye-laws shall require the approval of the county council ; and 
 
 {b.) the council of the borough shall have power as an urban 
 authority to claim, in accordance with this Act, to retain the powers 
 and duties of maintaining and repairing any main road in the borough ; 
 and 
 
 (c.) The council of the borough may within two years after the 
 
 passing of this Act apply to the county council to declare such roads 
 
 in the borough as are mentioned in the application to be main roads 
 
 within the meaning of the Highways and Locomotives (Amendment) 
 
 Act, 1878, and the county council shall consider such application and 
 
 inquire whether such roads are or ought to be main roads within the 
 
 meaning of the said Act, and shall make or refuse the declaration 
 
 accordingly, and if the county council refuse to make the declaration, 
 
 the council of the borough may within a reasonable time after such 
 
 refusal apply to the Local Government Board, and that Board shall 
 
 have power, if after a local inquiry they think it just so to do, to make 
 
 the said declaration, which shall have the same effect as if made by 
 
 the county council. 
 
 (5.) The payment of the costs of assizes and sessions shall be a general 
 
 county purpose for which the parishes in the borough may be assessed to 
 
 county contributions, and all costs of prosecutions mentioned in section 
 
 one hundred and sixty-nine of the Municipal Corporations Act, 1882, shall 
 
 be paid out of the county fund. 
 
 (b.) The county councillors elected for an electoral division consisting 
 wholly of such borough, or of some part of such borough, shall not act or 
 vote in respect of any question arising before the county council as regards 
 matters involving expenditure on account of which the parishes in the 
 borough are not, for the time being, liable to be assessed equally with the 
 rest of the county to county contributions. 
 
 (7.) The county council and the council of any such borough may agree 
 for the cessation in whole or in part of any exemption under this section 
 of the parishes in the borough from assessment to county contributions, in 
 consideration either of payment by the county council of a capital sum. or 
 of an annual payment, or of a transfer of property or liabilities, or of the 
 county council undertaking in substitution for the council of the borough 
 any powers or duties, or partly for one consideration and partly for 
 another, or in any other manner, according as may be determined. 
 
 (8.) A borough which is a county of a city or a county of a town shall, 
 for the purposes of this section, be deemed to be situate in and form part 
 of the county which it adjoins, or if it adjoins more than one county, then 
 in and of the county of which it forms part for the purposes of parliamen- 
 tary electiona . 
 
 36.— (L) Where a borough has a separate commission of the peace, whether 
 a quarter sessions borough or not (and is not a borough named in the Third 
 Schedule to this Act), then, subject to the provisions of this Act, all such 
 powers, duties, and liabilities of the court of quarter sessions or justices of the 
 borough, as in the case of the county are by this Act transferred to the county 
 council, shall cease, and the county council shall haA'e those powers, duties, 
 and liabilities within the area of the borough in like manner as in the rest of 
 the county ; 
 
 (2.) Provided that such powers, duties, or liabilities, so far as they are under 
 the Acts relating to pauper lunatics, shall, save as otherwise provided by this 
 Act, be transferred to the council of the borough and not to the county
 
 2#2 THE EyGLISH MUNICIPAL CODE. 
 
 council, and the provi^jions of this Act with respect to the transfer to a county 
 council shall apply with the necessary modifications to such transfer to the 
 council of the borough. 
 
 37. The grant af^er the passing of this Act of a court of quarter sessions to 
 any li-irouijli, not being a county borough, shall not atieot the powers, duties, 
 or liabilities of the county council as res2>ect8 the area of that borough, nor 
 exempt the parishes in the borough from being assessed to county eoulribu- 
 tions for any purpose to which such parishes were previously liable to be 
 assessed, and shall not confer or impose on the mayor, aldermen, and buigesses, 
 or the council of such borough, any powers, duties, or liabilities further than 
 such as Jire necessary for establishing and maintaining the court of quarter 
 sessionB in the borough. 
 
 38. Where a borough having a separate court of quarter sessions contained 
 according to the census of one thousand eight hundred and eighty-one a 
 population of let-s than ten thousand, the following provisions shall after the 
 appointed day apply : 
 
 (1.) There shall be transferred to the county council the power.', duties 
 and liabilities of the council and justices of the borough as regards the 
 provision, enlargement, maintenance, management, and visitation of and 
 other dealing with asylums for pauper lunatics : 
 
 (2.) There sluiU be transferred to the county council the powers, duties, 
 and liabilities of the council of the borough — 
 {a.) as regards coroners ; and 
 
 (h.) as regards the appointment of analysts under the Acts relating 
 to the sale of food and drugs ; and 
 [c.) under the Acts relating to^ 
 
 (i.) reformatory- and industrial schools ; and 
 (ii.) fish conservancy ; and 
 (iii.) explosives ; and 
 {d.) under the Highways and Locomotives (Amendment) Act, 1878 ; 
 Provided that the transfer by this section - 
 
 (a.) shall be subject to the provisions in this Act for the protec- 
 tion of existing officers and the continuance of existing contracts ; and 
 (b.) shall not, save as respects the coroners, affect the powers, 
 duties, and liabilities of the council of the borough under the 
 Municipal Corporations Act, 1882 : 
 (3.) The borough shall be an urban sanitary district within the meaning 
 of the Highways and Locomotives (Amendment) Act, 1878 : 
 
 (4.) The council of the borough may within two years after the passing 
 of this Act, applj' to the county council to declare such roads in the 
 borough as are mentioned in the application to be main roads within the 
 meaning of the Highways and Locomotives (Am(.ndment) Act, 1878, and 
 the county council shall consider such application, and inquire whether 
 Buch roads are, or ought to be, main roads within the meaning of the said 
 Act, and shall make or refuse the declaration accordingly, and if the 
 county council refuse the declaration, the council of the borough may, 
 within a reasonable time after such refusal, apply to the Local Govern- 
 ment Board, and that Board, after a local inquiry, shall have power, if 
 they think it just so to do, to make the said declaration, which shall have 
 the same effect as if it had been made by the county council : 
 
 (6.) The area of the borough shall for the purposes of the above- 
 mentioned Acts and all other administrative purposes of the county 
 council be included in the county, as if the borough had not a separate 
 court of quarter sessions, and accordingly shall be subject to the 
 authority of the county council and the county coroners, and may be 
 annexed by the county council to a coroner's district of the county, and 
 the parishes in the borough shall be liable to be assessed to all county 
 contributions : 
 
 (G.) Any property, debts, or liabilities of the county or of any borough 
 affected by ihis or the next succeeding section (including the charge to be 
 made for lunatics which but for this Act would have been maintainable by 
 the borough) may be adjusted in manner provided by Part Three of this Act: 
 (7.) It shall be lawful for Her Majesty the Queen, on petition from the 
 council of any borough to which this or the next succeeding section
 
 APFEXDIX. 203 
 
 applies, by Order in Council, to revoke the grant of a court of quarter 
 sessions to the borough, and by letters patent to revoke the grant of a 
 commission of the peace for the borough, and to make such provision as 
 to Her Majesty seems proper for the protection of interests existing at 
 the date of the revocation, and after the date of the revocation all enact- 
 ments and laws relating to courts of quarter sessions and justices and 
 their jurisdiction shall apply, as if such court of quarter sessions or com- 
 mission of the peace, as the case may be, did not exist : 
 
 (8.) A borough which is a county of a city or a county of a town shall, 
 for the purposes of this and the next succeeding section, and if Her 
 Majesty revokes the grant of a court of quarter sessions or a commission 
 of the peace to such borough, then also for all purposes of quarter sessions 
 and justices, be deemed to be situate in and form part of the county of 
 which it forms part for the purpose of parliamentary elections : 
 
 (9.) Where this section applies to a cinque port it shall apply also to 
 all the members thereof, and those members when not situate in a quarter 
 sessions borough shall form part of the county for all purposes. 
 
 39. — (1-) Where a borough, whether with or without a separate court of 
 quarter sessions, contained according to the census of one thousand eight 
 hundred and eighty-one a population of less than ten thousand, then after the 
 appointed day all powers, duties, and liabilities of the mayor, aldermen, and 
 burgesses, or council of the borough, or the watch committee of the borough 
 in relation — 
 
 (a.) to the police force of the borough, or 
 
 \b.) to the aijpointment of analysts under the Acts relating to the sale 
 of foods and drugs, or 
 
 {c.) to the execution of the Contagious Diseases (Animals) Acts, 1878 to 
 1886, or the Destructive Insects Act, 1877, or 
 {(l.) to gas meters, or 
 
 (V.) to weights and measures, if the council exercise any jurisdiction in 
 relation thereto, 
 Bhall cease, and, subject to the provisions of this Act as to the members of the 
 police force holding office on the said day, the area of the borough shall for all 
 purposes of the Acts relating to the county police force, or other matters 
 above in this section mentioned, form part of the county in like manner as if 
 it were not a borough : 
 
 (2.) Provided that nothing in this section shall transfer to the county council 
 any powers, duties, or liabilities under section thirty-four of the Contagious 
 Diseases (Animals) Act, 1878, as amended by section nine of the Contagious 
 Diseases (Animals) Act, 188(5. 
 
 (3.) The urban authority for any borough or town with such population as 
 above in this section mentioned shall cease to be the local authority under the 
 Acts relating to explosives, and the county council shall have the like authority 
 under the said Acts in the said borough or town as they have in the rest of 
 their county. 
 
 Application of Act to Metropolis. 
 
 40. 1° the application of this Act to the Metropolis, the following pro- 
 visions shall have effect : — 
 
 (1.) The Metropolis shall, on and after the appointed day, be an 
 administrative county for the purposes of this Act by the name of the 
 administrative county of London. 
 
 (2.) Such portion of the administrative county of London as forms part 
 of the counties of Middlesex, iSm-rey, and Kent, shall on and alter the 
 appointed day be severed from those counties, and form a separate county 
 for all non-administrative purpose^s by the name of the county of London; 
 and it shall be lawful for Her Majesty the Queen to appoint a sheriff of 
 that county, and to grant a commission of the peace and court of quarter 
 sessions to that county ; and, subject to the provisions of this Act, all 
 enactments, laws, and usages with respect to counties in England and 
 Wales, and to sheriffs, justices, and quarter sessions shall, so far aa 
 circumstances admit, apply to the county of London : , . ■
 
 294 THE ENGLISH Ml'XICIPJL CODE. 
 
 (3.) Provided that, for the purpose of the jurisdiction of the justices 
 under such commission, and of such court, as well iis other non-adminis- 
 trative jiurposi 8, the county 01 the city of London shall continue a separate 
 coui.ty, hut if and when the mayor, commonalty, and citizens of the city 
 assent to jurisdiction being conferred therein on such justices and court 
 may by commission under the Great Seal be made subject to the juris- 
 diction thereof. 
 
 (4.) The number of the county councillors for the administrative county 
 of London, shall be double the nuni])er of me'mbers -which at the passing 
 of this Act, the parliamentary boroughs in the metropolis are authorised 
 by l.iwto return to serve in Parliament ; and each such bOrOiigh, or if it 
 is divided into divisions, each division thereof, shall be an electoral 
 division for the purposes of this Act, and the number of county councillors 
 elected for each such electoral division, shall be double the number of 
 members of Parliament which such borough or division is at the passing 
 of this Act entitled to return to tervc in Parlian cut : 
 
 (5.) Provided that the number of county aldermen in the administrative 
 county of London, shall uot exceed one-sixth of the whole number of 
 county councillors. 
 
 (G.) The provisions of this Act with respect to the powers, duties, and 
 liabilities of county councils, and the transler of property, debts, and 
 liabilities of counties to county councils, shall apply to the administrative 
 county of London in like manner, so nearly as circumstances admit, as 
 if the quarter sessions, justices, and clerks of the peace of the counties 
 of Middlesex, Surrey, and Kent had been, so far as regards the metropolis, 
 the quarter sessions, justices, and clerk of the peace for the administrative 
 county of London : 
 
 (7.) Provided that any property, debts, or liabilities of the county of 
 Kent shall not, by reason only of this enactment, be vested in the county 
 council of London, but such property, debts, and liabilities, and also the 
 property, debts, and liabilities 01 the counties of Middlesex and Surrey, 
 shall be apportioned between the portions of those counties situate 
 within the Metropolis and the portions situate outside the Metropolis in 
 such manner as may be determined by agreement between the respective 
 county councils, or in default of agreement by the Commissioners under 
 this Act, and the property, debts, and liabilities apportioned to the 
 portions within the Metropolis shall be the property, debts, and liabilities 
 of the whole of the administrative county of London. 
 
 (8.) There shall also be transferred to the London county council 
 the powers, duties, and liabilities of the Metropolitan Poard of AYorks, 
 and after the appointed day that board shall cease to exist, and the 
 property, debts, and liabilities thereof shall be transferred to the London 
 county council, and that council shall be in law the successors of the 
 Metropolitan Board of Works. 
 
 (9.) If the London county council borrow for the purposes of this Act 
 they shall borrow in accordance with the jirovisions of the Acts relating 
 to the Metropolitan Board of Works, but save as aforesaid Part Four of 
 this Act shall apply to the London county council when acting as 
 successors of the Metropolitan Board of Works, and the costs incurred 
 when so acting shall be paid out of the county fund, and the payment 
 thereof shall be a general county purpose. 
 
 41. — (-■) Of the powers, duties, and liabilities of the court of quarter 
 sessions and justices of the city of London — 
 
 (ft.) sueh of them as would, if the city were a quarter sessions borough, 
 with a population exceeding tin thousand, be exercised by virtue of this 
 or any other Act by the council of the borough, shall be transferred to 
 the mayor, commonalty, and citizens of the city acting by the council (in 
 this Act referred to as the common council) ; and 
 
 {b.) such of them as would, in the said case, be by virtue of this Act 
 exercised and discharged by the county council shall cease, and the 
 county council shall, subject to the provisions of this Act, have those 
 powers, duties, and liabilities within the city of London in like manner 
 as within the rest of the administrative county of London.
 
 A1>PEM)IK. 295 
 
 (2.) The provisions of this Act with respect to the transfer to a county- 
 council shall apply with the necessary modifications to such transfer to the 
 common council, and the common council shall be entitled to receive from the 
 London county council in respect of each pauper lunatic, the same amount as 
 is required by this Act to be paid by any other county council to the council 
 of a borough. 
 
 (3.) Where at the passing of this Act the Metropolitan Board of "Works or 
 the quarter sessions of Middlesex are authorised to incur costs for any purpose, 
 and the common council of the city are not liable to contribute to such costs, 
 the parishes in the city of London shall not, save as in this Act expressly 
 mentioned, be liable to be assessed to county contributions in respect of costs 
 incurred by the county council for such jjurpose, but this exemption shall 
 not extend to any costs incurred for the purpose of any powers, duties, or 
 liabilities of the quarter sessions or justices of the city of London, which will 
 be exercised and discharged by the London county council. 
 
 (4.) The provisions of the Highways and Locomotives (Amendment) Act, 
 1878, with respect to main roads, as amended by this Act, shall extend to the 
 Metropolis in like manner as if the expression " urban sanitary district" in 
 that Act included, as respects the Metropolis, the City of London, and a parish 
 in Schedule A., and a district in Schedule B. of the Metropolis Management 
 Act, 1855, as amended by sebsequent Acts, and as if the Commissioners of 
 Sewers or vestry, or district board (as the case may be) were the urban sani- 
 tary authority : Provided that — 
 
 {((.) in the city of London the common council shall have the power 
 under the Highways and Locomotives (Amendment) Act, 1878, of making 
 byelaws respecting locomotives, and authorising locomotives to be used 
 on any road within the city, save that if any difference is made by such 
 byelaws or authority between any main road maintained by the county 
 council and the other roads in the city, such authority and byelaws shall 
 require the approval of the county council ; and 
 
 (6.) the common council in the city of London, and in any other part 
 of the Metropolis, the vestry, or district board, shall be deemed to be a 
 district council and an urban authority within the meaning of the pro- 
 visions of this Act with respect to main roads, and may accordingly claim 
 to retain the power of maintaining and repairing a main road, and in such 
 case shall have all such powers and duties of maintaining, repairing, im- 
 proving and enlarging, and otherwise dealing with the main road as they 
 would have if it were an ordinary highway repairable by them, and such 
 powers and duties shall in the city of London be discharged by the 
 Commissioners of Sewers. 
 (5.) The payment of the costs of assizes and sessions shall be a general 
 county purpose for which the parishes in the city may be assessed to county 
 contributions, and all such costs of prosecutions in the city as are by law 
 payable out of the county rate shall be paid out of the county fund. 
 
 (6.) The county councillors elected for the city, shall not act or vote in 
 respect of any question arising before the county council as regards matters 
 involving expenditure on account of which the parishes in the city are not for 
 the time being liable to be assessed equally with the rest of the administrative 
 county to county contributions. 
 
 (7.) The Loudon county council, and the common council of the city of 
 London may agree for the cessation in whole or in part of any exemption under 
 this section from assessment, in consideration either of payment by the county 
 council of a capital sum, or of an annual payment, or of a transfer of 
 property or liabilities, or of the county council undertaking, in substitution 
 for the common council, any powers or duties, or partly for one consideration 
 and partly for another, or in any other manner, according as may be deter- 
 mined. 
 
 (8.) The sheriffs of the eity of London shall not have any authority except 
 in the city. 
 
 42. — (1.) If the London county council petitions Her Majesty the Queen 
 in that behalf, it shall be lawful for Her Majesty from time to time to appoint 
 a barrister of not less than ten years' standing to be paid chairman or deputy- 
 chairman, or one of the paid deputy chairmen, as the case may be, of the 
 quarter sessions for the county of London. :
 
 29G TEE EXGLISIf MUXICIPAL CODE. 
 
 (2.) Auy person ?o fippointed shall hold office during good behaviour, and 
 shall by virtue of his office be a justice of the peace for the county of London. 
 3.) There shall be paid to him out of the county fund as a general county 
 purpose such yearly salary, not exceding that stated in the petition in con- 
 sequence of which the appointment was made, as Her ^lajesty directs. 
 
 (4.) Such chairman or deputy chairman shall not, during his office, be 
 eligible to serve in Farliament, and shall not daring his continuance in office 
 practise as a barrister. 
 
 (5.) Where there is any such paid chairman or deputy chairman of the 
 quarter sessions, the court may be held before such chairman of deputy 
 chairman alone. 
 
 (6.1 Separate courts of quarter sessions may be held at different parts of the 
 county of London at the Si me time if so directed by the county council with 
 the approval of a .Secretary of State, and every court of general sessions of 
 the peace for the county of London and every adjournment thereof shall have 
 the same jurisdiction in all respects, including the power of hearing and 
 determining appeals, as if such court were quarter sessions. 
 
 (7.) The London county council may from time to time submit to a Secre- 
 tary of State a scheme for regulating the holding of courts of quarter sessions 
 in London either ai any one place i^r at diiferent places, and in the latter case 
 either at the same time or at ditierent times, and for determining the legal 
 character of each sessions so held, that is to say, whether quarter, general, 
 original, or adjourned sessions, or otherwise, and for making such regulations 
 respecting committals for trial, recognisances, depositions, and other matters 
 as are necessary or proper for giving effect to the scheme, and such scheme, 
 when approved by a Secretary of State, shall be published in the London 
 Gazette, and thereupon bhallhave effect as if it were enacted in this Act. 
 
 (b.) Until the quarter sessions for the county of London constitute special 
 sessional divisions, every petty sessional division of the counties of Middlesex, 
 Surrey, and Kent existing at "the appointed day, or so much of such division 
 as is s'ituate in the county of London, shall form a special or petty sessional 
 division of the county of London. 
 
 (9.) Where any special or petty sessional division of the counties of 
 Middlesex, Surrey, and Kent existing at the appointed day, is situate partly 
 within and partly without the county of London, so much thereof as is situate 
 without the said county shall, until' any alteration is made by the quarter 
 sessions for the county of Middlesex, Surrey, or Kent, as the case may be, be 
 a special or petty sessional division of tliat county. 
 
 (10 ) The quarter sessions for the county of London shall be substituted for 
 the general assessment sessions under the Valuation (Metropolis) Act, 1869, and 
 have all the jurisdiction vested in those sessions, and shall exercise the same 
 within the same area. Upon the hearing of any appeals in relation to property 
 in the city of London, such two members of the court of quarter sessions of 
 the city of London as may be appointed by that court for the purpose, shall be 
 entitled to attend and sit as members of the quarter sessions for the county 
 of London. 
 
 (11.) The enactments respecting the times for holding sessions of the peace 
 for the county of Middlesex, and the appointment and payment of any assistant 
 judge, or deputy assistant judufe, or of a person to preside in a second court at 
 any sessions in the county of Middlesex, shall cease to apply to the county of 
 Middlesex. 
 
 (12.) Quarter sessions for the counties of Middlesex, Surrey, and Kent re- 
 Bpectively may be held, and the justices of each of those counties may hold 
 special and petty sessions for any division of such county, and appoint a petty 
 sessional or occasional court house, at any place in the county of London, and 
 for all purposes relating to such sessions 'or any business transacted at such 
 court house, such place shall be deemed to be within the county and division 
 for which the justices holding the same are justices, but no jurors shall be 
 summoned for such sessions from within the county of London. 
 
 (13.) ^othing in this Act shall alter the powers or duties of the justices, 
 quarter sessions, recorder, or common Serjeant of the city of London, further 
 or otherwise than is expressly provided or than the powers and duties oi the 
 justices or quarter sessions of any county are altered. 
 
 (14.) Provided that from and after the appointed day the rights claimed by 
 the court of common council to appoint to the offices of common sergeant, and
 
 APPEXDTX. 297 
 
 judge of the City of London Court shall cease, and in any future vacancy in 
 each of the said offices, it shall be lawful for Her Majesty the Queen to appoint 
 a duly qualified barrister to be such common sergeant, or judge ; and from and 
 after the next vacancy no recorder shall exercise any judicial functions unless 
 he is appointed by Her Majesty to exercise such functions. 
 
 43. — (!•) In the administrative county of London the county council : — 
 (rt.) shall pi.y to the guardians for every poor law union wholly in the 
 county such sums as the Local Government Board from time to time certify 
 to be due from the said council in substitution for the local grants towards 
 the remuneration of poor law medical officers, and towards the cost of 
 drugs and medical appliances : and 
 
 {^b.) shall grant to the guardians of every poor law union wholly in their 
 county an amount equal to fourpence a day per head for eveiy indoor 
 pauper maintained in that union, and such grant, during the five local 
 financial years beginning on the appointed day, shall be reckoned according 
 to the average number of indoor paupers so maintained during the five 
 financial years ending on the twenty -fifth day of March next before the 
 passing of this Act, and shall, after the end of the said five local financial 
 years, unless Parliament otherwise determine, continue to be reckoned in 
 accordance with the same average number ; and 
 
 (r. ) shall pay to the guardians of every poor law union, a portion of 
 which only is situate in their county, such proportion of the annual sum 
 which is, under the other provisions of this Act, payable by the county 
 council of a county to the guardians of that union, as the rateable value 
 of the portion within the administrative county of London bears to the 
 rest of the union. 
 (2.) For the purposes of this section the expression " indoor pauper " 
 includes all paupers maintained in a workhouse, and all paupers maintained 
 in any district school, separate school, separate infirmary, sick asylum, 
 hospital for infectious diseases, or institution for the deaf, dumb, blind, or 
 idiots, or in any certified school under the Act of the session of the twenty- 
 fifth and twenty-sixth years of the reign of Her Majesty, chapter forty-three, 
 and includes any children boarded out, whether within or without the limits 
 of the union, and in the metropolitan asylum district includes allinmates of 
 any asylum for imbeciles provided by the managers of that district, but 
 excludes paupers relieved in casual wards, and such number of indoor paupers 
 in a workhouse or in a district or separate school or in a separate infirmary or 
 asylum, as exceeded the number prescribed by the Local Government Board 
 for that workhouse, school, infirmary or asylum, and also excludes paupers 
 maintained for part only of a day : Provided always, that any paupers main- 
 tained under any contract or agreement in a workhouse other than that of the 
 union to which they are chargeable, shall be included only in the number of 
 indoor paupers of the union to which they are so chargeable. 
 
 (3.) The average number of paupers shall be estimated in such manner as 
 the Local Government Board direct, and shall be certified by the Board. The 
 Board may, if they think proper, vary their certificate, but unless it is so 
 varied, their certificate shall be conclusive. 
 
 44. Ori and after the appointed day all powers and duties of the clerk to 
 the managers of the metropolitan asylums districts under the Valuation 
 ^Metropolis) Act, 1869, shall be transferred to the clerk of the county 
 council of London, and the said Act shall be construed as if the county council 
 were substituted therein for the managers of the metropolitan asylums 
 district. 
 
 45. On and after the appointed day, the powers, duties, and liabilities of 
 justices out of session in the Metropolis, in relation to the licensing of 
 slaushter-houses for the purpose of the slaughtering of cattle for butchers 
 meat, and of cow-houses and places for the keeping of oows, shall be transferred 
 to the county council of London.
 
 298 TEE ENGLISH MlMcll'JI. CODE. 
 
 Applicaiion of Act to Special Counties a)ul to Liberties. 
 
 46. Application of Act to certain special counties. 
 
 47- S.ivinf^ for ilanchestor AHsize Courts Acts, 18f>8. 
 
 48i ^IiTfi;or of lil)ertios in county. 
 
 49, Tower to make Provisional Order for Scilly Islands. 
 
 PART III. 
 
 Boundai'ies. 
 
 50 — (!•) The first council elected under this Act for any administrative 
 county shall, subject as hereinafter mentioned, be elected for the county at 
 large as bounded at the passing of this Act for the purpose of the election of 
 members to serve in Parliament for the county : Provided always, that — 
 
 {(I.) This enactment shall not apply to the bouudaiy between two 
 administrative counties which are portions of one entire county, and in 
 case of those administrative counties, the boundary between the portions, 
 as existing for the purposes of county rate, shall, subject to any change 
 made by or in pursuance of this Act, be boundary of the administrative 
 county for which the council is elected : and, 
 
 {b.) Where any urban sanitary district is situate partly within and 
 partly without the boundary of such county, the district shall be deemed 
 to be within that county which contains the largest portion of the popula- 
 tion of the district, according to the census of one thousand eight hundred 
 and eighty-one. 
 
 (c.) Where any portion of an administrative county has before the 
 passing of this Act been trimsferred to another administrative county for 
 the purposes of the Acts relating to the police or Contagious Diseases 
 (Animals) or otherwise, nothing in this Act shall affect such transfer. 
 
 {(!.) The wapentake of the ainsty of York (except so much as is included 
 
 in the municipal borough of York as e.vtendt-il by the York Extension 
 
 and Improvement Act, 1881) shall for all purposes of this Act be deemed 
 
 to be part of the west riding of the county of York. 
 
 (2.) The county council elected under this Act shall have for the purposes 
 
 of this Act authority throughout the administrative county for which it is 
 
 elected, and the administrative county as bounded for the purpose of the 
 
 election shall, subject to alterations made in manner hereinafter mentioned, 
 
 be for all the purposes of this Act the county of such county council. 
 
 (3.) If any difference arises as to the county which contains the largest 
 portion of the population of any such district as above in this section men- 
 tioned, such difference shall be referred to the Local Government Board, whose 
 decision shall be final. 
 
 (4.) This section applies to an administrative county within the meaning of 
 this Act, save that it shall not apply to the administrative county of London, 
 nor to any county borough, and auy place which, though lorming part of any 
 such borough for the purposes of the; election of members to strve in Parlia- 
 ment, is not within the municipal boundary of such borough shall, notwith- 
 standing anything in the foregoing provisions of this section, form, for the 
 l)urpose3 of this section, part of the county in which such place is situate. 
 
 51. In the constitution of electoral divisions of a county, whether for the 
 first election or for subsequent elections, the following directions shall be 
 observed — 
 
 (1.) The divisions shall be arranged with a view to the population of 
 each division being, so nearly as conveniently may be, equal, regard 
 being had to a proper representation both of the rural and of the urban 
 population, and to the distribution and pursuits of such population, and 
 to area, and to the last published census for the time being, and to 
 evidence of any considerable change of population since such census ;
 
 APPEXLiX. '209 
 
 (2 ) Electoral divisions shall, so far as may be reasonably practicable, 
 be framed so that every division shall be a county district or ward, or a 
 combination of county districts or wards, or be comprised in one county 
 district or ward, but where an electoral division is a portion of a county 
 district or ward, and such portion has not a defined area for which a 
 separate list or part of a list of voters is madeunder the Acts relating to 
 the registration of electors, such portion shall, until a new register of 
 electors is made, continue to be part of the district or ward of which it 
 has been treated as being part in the then current register of electors ; 
 
 (3.) Whenever under the provisions of this section a county district is 
 divided into two or more portions, every such portion shall, as far as 
 possible, consist of an entire parish or of a combination of entire 
 parishes ; 
 
 (4.) In determining the electoral divisions for the first election, the 
 foregoing provisions shall apply as if, where a rural sanitary district is 
 situate in more than one county, each portion of the district which is 
 situate in the same county were a county district, and any such portion 
 may be combined with a county district, or portion of a county district, 
 although not adjoining; 
 
 (5.) The electoral divisions for the first election shall be fixed on or 
 before the eighth day of November next after the passing of this Act. 
 
 52, -(!•) The Local Government Board shall make provisional orders for 
 dealing with every case where the council of a borough is not the urban 
 sanitary authority for the whole of the area of such borough, and the area of 
 the borough is either co-extensive with or is wholly or partly comprised in 
 any urban sanitary district, and such order shall determine whether the area 
 of the borough or of the sanitaiy district, or an area comprising both the 
 borough and the urban sanitary district, or a portion of such united area, 
 shall, whether with or without any adjoining area, be the area of the county 
 district for the purj^oses of this Act, so, however, that in either case the order 
 shall provide for the council of the borough becoming the district council, 
 and the order may for that purpose alter the boundaries of the borough, and 
 may, if need be, alter the boundaries of the county ; and if the population 
 exceeds fifty thousand, the order may constitute the borough into a county 
 borough, and make such provision as may be necessary for carrying this Act 
 into etfect as respects such county borough ; and the provisions of this Act 
 respecting county boroughs shall, subject to the provisions of the order 
 apply. 
 
 (2.) "Where certain members of the sanitary authority for any such urban 
 sanitary district are appointed by a university or any colleges therein, the 
 order may provide for the appointment by such university or colleges of 
 members on the district council. 
 
 (3.) A provisional order under this section shall not be of any effect until it 
 is confirmed by Parliament. 
 
 53.— (!•) Every report made by the Boundary Commissioners under the Local 
 Government (Boundaries) Act, 1887, shall be laid before the council of any 
 administrative county or county borough afi'ected by that report. 
 
 (2.) It shall be the duty of the council to take into consideration such 
 report, and to make such representations to the Local Government Board 
 as they think expedient for adjusting the boundaries of their county, and 
 of other areas of local government i:)artly situate in their county, with a 
 view of securing that no such area shall be situate in more than one 
 county. 
 
 54.— (1-) Whenever it is represented by the council of any county or 
 borough to the Local Government Board — 
 
 (ci) that the alteration of the boundary of any county or borough is 
 desirable ; or 
 
 [b) that the union, for all or any of the purposes of this Act, of a 
 county borough with a county is desirable ; or 
 
 (r) that the union, for all or any of the purposes of this Act, of any 
 counties or boroughs or the division of any county is desirable ; or
 
 300 THE ENGLISH MUXIfUPAL CODE. 
 
 (d) that it is desirable to constitute any borough having a population 
 of not less than fifty thousand into a county borough ; or 
 
 (<■) that the alteration of the boundary of any electoral division of a 
 county, or of the number of county councillors and electoral divisions 
 in a county is desirable ; or 
 
 (/) that the alteration of any area of local government partly situate 
 in their county or borough is desiraVile. 
 the Local tTovernmont shall, uiiless for sjiecial reasons they think that the 
 representation ought not to be entertained, cause to be made a local inquiry, 
 and may make an order for the proposal contained in such represonta'ion, 
 or for such other proposal as thoy may deem expedient, or may refuse such 
 order, and if they make the order may by such order divide or alter any 
 electoral divi;<ion. 
 
 (2.) Provided that in default of such representation by the council of anj' 
 county or borough before the first day of November one thousand eight 
 hundred and eighty-nine, the Local Government Board may cause such 
 local inquiry to be made, and thereupon may make such order as they may 
 deem expedient. 
 
 (3.) Provided that if the order alters the boundary of a county or borough, 
 or provides for thi; union of a county borough with a county, or fur the 
 union of any counties or boroughs, or for the division of any county, or 
 for constituting a borough into a county borough, it shall be provisional 
 only, and shall not have effect unless confirmed by Parliament. 
 
 (4.) Where such order alters the boundary of a borough, it may, as con- 
 sequential upon such alteration, do all or any of the following things, 
 increase or decrease the number of the wards in the borough, and alter the 
 boundaries of such wards, and alter the apportionment of the number of 
 councillors among the wards, and alter the total number of councillors, 
 and in such case, make the proportionate alteration in the number of 
 aldermen . 
 
 (5.) At any time before the appointed day, the Tjocal Government Board 
 may make an order in pursuance of this section without any such represen- 
 tation as in this section mentioned. 
 
 55. — (!•) Where the Local Government Board make a Provisional Order 
 for uniting two county boroughs, such Order may make them one borough 
 and one county for the purposes of this Act. 
 
 (2.) Such (Jrder, and also any other Order under this Act, for uniting 
 boroughs, whether county boroughs or not, may also contain such provisions 
 as may seom necessary or proper for regulating the division of the com- 
 bined borough into wards, the number of councillors to be elected for each 
 vrard, and the first election of the council of the combined borough, and for 
 providing for the clerks of the peace, coroners, town clerks, and otficers of 
 the boroughs and the application to th(^m of the provisions of this Act as 
 to existing officers, and tVir providing lor all matters incidental to or con- 
 sequential on the union of the boroughs. 
 
 (3.) When any such Provisional Order is confirmed, it shall be lawful for 
 Her Majesty to grant a commission of the peace and court of quarter 
 sessions to the combined borough in like manner as to any other borough 
 under the IMunicijial Corporations Act, 1882, and the I'rovisional Order may 
 contain such provisions as appear necessary or proper for regulating all 
 matters incidental to such grant, and to the changes caused by the union 
 of the boroughs in matters connected with such commission or court or 
 otherwise with the administration of justice. 
 
 56. W^here a petition is presented to Her Majesty the Queen by the 
 inhabitant householders of any town or towns or district, in pursuance of the 
 Municipiil Corporations Act, 1882, for the grant of a charter of incorporation, 
 notice of such petition shall be given to the county council of the county in 
 which such town, towns, or district is or are situate, and shall also be sent to 
 the Local Government Board, and the Privy Council shall consider any 
 representations made by such county council or the Local Government Board, 
 together with the petition for such charter.
 
 APFEXDIX. 301 
 
 57. Future alteration of county districts and parishes and wards, and future 
 
 establishment of urban districts. 
 
 58. Additional power of Local Government Board as to unions. 
 
 59. Supplemental provisions as to alteration of areas. 
 60- General provision as to alteration of boundaries. 
 61. Appointment of Commissioners. 
 
 62- Adjustment of property and liabilities. 
 
 63- Arbitration by Local Government Board. 
 
 PART IV. 
 
 Finance. 
 Property Funds and Costs of County Council. 
 
 64. Transfer of county property and liabilities. 
 
 65« Power to acquire lands. 
 
 66- Costs of justices to be payable out of county fund. 
 
 67. Adjustment of law as respects costs ordered by quarter sessions or 
 
 justices to be paid. 
 
 68- Funds of county council. 
 
 69. Borrowino; by county council. 
 
 70. Issue of county stock. 
 
 71. Audit of accounts of county council. 
 
 72. Adaptation of Part V. of 45 & 46 Vict. c. 50. as to corporate property 
 
 and liabilities. 
 
 Local Financial Year and Annual Budget. 
 
 73. Fixing of Local financial year and consequent adjustments. 
 74- Annual budget of county councils. 
 
 PART V. 
 
 Supplemental. 
 Application of Acts. 
 
 75 Application of 45 & 46 Vict. c. 50. to county councils and this Act. 
 
 [The following portions of the Municipal Corporations Act, 1882, 
 apply to the present Act : — Parts II., III., IV. (as amended by 47 & 
 48 Vict. c. 70), section 124 in Part V,, Parts XII., XIII. ; the second 
 schedule ; Parts II. and III. of third schedule, and Part I. of eighth 
 schedule. Certain qualifying particulars, which have been noted in 
 the body of this book, are added. Elections for county and borough 
 councils to be taken together. The hours of polling for election of 
 county councillors to be those fixed by the Elections (Hours of Poll) 
 Act, 1885. Elections of chairmen and county aldermen to take place 
 on November 7th instead of November 9th. Corporate officers to have 
 ten days instead of five in which to accept office. Quorum of county 
 council to be one-fourth. , Person elected to corporate office without 
 consent not to be liable to fine for non-acceptance. Sections 4, 5 6 
 and 7 of the Parliamentary Elections (Returning Officers) Act, 1875, 
 as amended by 49 & 50 Vict. c. 57, to apply]. 
 
 76. Amendment of 51 & 52 Vict. c. 10. 
 
 77. Eesidential qualification of county electors in ^administrative county of 
 
 London. 
 
 78. Construction of Acts referring to business transferred. 
 
 Proceedings of Councils and Committees. 
 
 79. Incorporation of county council. 
 
 80. Payments out of fund and finance committee of county council. 
 81.' Appointment of joint committees. 
 
 82- Proceedings of committees.
 
 302 THE ENGLISH M UN 101 PAL CODE. 
 
 Ojficrrs. 
 
 F3. Cli-rk of thn poace and of county pouiifil. 
 
 84. Ai)pointmeiit of the justices' clerks and clerks of committees. 
 
 Regulatio7i8 for Bicycles, d-c. 
 
 85. Regulations for bicycles, &c. 
 
 Adaptation of Acts. 
 
 86. Adaptation of Lunatic Asylum Acts. 
 
 87. AjipliiMtioii of provisions of 38 & 39 Vict. c. 55. as to local inquiries and 
 
 pruvisionul orders. 
 
 88. Adaptation of Act to Metropolis. 
 
 89. Adjustment of law as regards courts, juries, sittings, and legal pro- 
 
 ceedings in ^Middlesex and London. 
 
 90. Special provisions as to adjustmi-nt in the Metropolis. 
 
 91. Adjubtment us regards the Militia Acts. 
 
 Savine/s. 
 
 92. Saving for votes at any Parliamentary elections. 
 
 93. Saving for Metropolitan and City Police. 
 
 94. Saving for Metropolitan common poor fund. 
 
 95. Saving as to Middlesex, Surrey, and Kent. 
 
 96. Saving for IMiddlesex liand Registry. 
 
 97. Saving as to liability for main roads. 
 
 98. Saving for powers of Commissioners of Inland Revenue and Customs. 
 
 Dc/tnifio)is. 
 
 99, Definition of "written." 
 
 100. Interpretation of certain terms in the Act. 
 
 101 Extent of Act. 
 
 102. Short title. 
 
 PART VI. 
 
 Transitory Provisions. 
 First Election of County Councillors. 
 
 103. First election of county councillors. 
 
 104. Retirement of first county councillors. 
 
 105. Preliminary action of county councillors as provisional council. 
 106- First proceedings of provisional council. 
 
 General Provision as to First Flections. 
 
 107, Casual vacancies at first elections. 
 
 108' Power of Local Government Board to remedy defects. 
 
 Appointed Day. 
 
 109. Appointed day. 
 
 Transitional Proceedings. 
 
 110. Curnnt rates, jury lists, &c. 
 
 111. Transitory provisions as to lunatic asylums. 
 
 112. Transitory provisions as to Contagious Diseases (Animals) Acts. 
 
 Transitory Provisions as to Metropolis. 
 
 113. Transitory provision as to sheriffs of London and Middlesex. 
 
 114. As to existing coroners for Middlesex, Surrey, and Kent.
 
 APPENDIX. 
 
 303 
 
 115. As to commission of the peace for London. 
 116^ As to places for holding quarter sessions. 
 
 117. As to existing justicus in Metropolis. 
 
 Existing Officers. 
 
 118. Existing nlerks of the peace and other officers. 
 
 119. As to officers transferred to county councils. 
 
 120. Compensation to existing officers. 
 
 Temporary Provision as to Grant frvm Exchequer. 
 
 121. Grant and application of part of prohate duty and of horse and wheel 
 
 tax during the year ending 31st March, 1889. 
 
 Savings. 
 
 122. Saving for existing securities and discharge of debts. 
 
 123. Saving for existing bye-laws. 
 
 124". Saving for pending actions, contracts, &c. 
 125", fcaving for charters, local Acts, &c. 
 
 126. ilepeal of Acts. 
 
 Repeals. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Local Taxation Licences. 
 
 SECOND SCHEDULE. 
 
 Alteration of Schedule to District Auditors Act, 1879. 
 (42 (£,• 43 Vict. c. 6.) 
 
 
 THIED SCHEDULE. 
 
 
 
 County Boroughs. 
 
 
 
 Name of County in which, 
 
 
 Name of County in which. 
 
 Name of Borougli. 
 
 for the purpose of this Act, 
 the Borough is deemed 
 
 Name of Borough. 
 
 for the purpose of this Act, 
 the Borough is deemed 
 
 
 to be situate. 
 
 
 to be situate. 
 
 Barro"W 
 
 Lancaster. 
 
 Canterbury 
 
 Kent. 
 
 Bath . 
 
 Somerset. 
 
 Cardiff 
 
 Glamorgan. 
 
 Birkenhead 
 
 Chester. 
 
 Chester 
 
 Chester. 
 
 Birmingham 
 
 Warwick. 
 
 Coventry . 
 
 Warwick. 
 
 Blackburn . 
 
 Lancaster. 
 
 Croydon 
 
 Surrey. 
 
 Bolton 
 
 Lancaster. 
 
 Derby 
 
 Derby. 
 
 Bootle-cum- 
 
 
 Devonport . 
 
 Devon. 
 
 Linacre . 
 
 Lancaster. 
 
 Dudley 
 
 Worcester. 
 
 Bradford . 
 
 York, "West Riding. 
 
 Exeter 
 
 Devon. 
 
 Brighton . 
 
 Sussex. 
 
 Gateshead . 
 
 Durham. 
 
 Bristol 
 
 Gloucester and Somer- 
 
 Gloucester . 
 
 Gloucester. 
 
 
 set 
 
 Great Yarmouth 
 
 Norfolk and Suffolk. 
 
 Burnley 
 
 Lancaster. 
 
 Halifax 
 
 York, West Riding. 
 
 Bury . 
 
 Lancaster. 
 
 Hanley 
 
 Stafford.
 
 304 
 
 THE EXGLISH MUyiCIPAZ COLE. 
 
 
 Name of County in which, 
 
 
 Name of County in which, 
 
 Name of Borongb. 
 
 for the purpose of this Act, 
 the Bo ough is deemed 
 
 Name of Borough. 
 
 for the purpose- of this Act, 
 the Borough is deemed 
 
 
 to be situate. 
 
 
 to be situate. 
 
 Hastings . 
 
 Sussex. 
 
 Preston 
 
 Lancaster. 
 
 Huddt-rsfield 
 
 York, West Riding. 
 
 Reading 
 
 Berks. 
 
 Ipswich 
 
 Suffolk. 
 
 Rochdale . 
 
 Lancaster. 
 
 Kingston - upon- 
 
 
 Saint Helen's 
 
 Ijancastw. 
 
 IIuU 
 
 York, East Riding. 
 
 Salford 
 
 Lancaster. 
 
 Leeds 
 
 York, \V(;st Riding. 
 
 Sheffield . 
 
 York, West Riding. 
 
 Leicester . 
 
 Leicester. 
 
 Southampton 
 
 Hants. 
 
 Lincoln 
 
 Lincoln (parts of 
 
 South Shields . 
 
 Durham. 
 
 
 Lindsey). 
 
 Stockport . 
 
 Chester and Laaoaster 
 
 I^iverpool . 
 
 Lancaster. 
 
 Sunderland 
 
 Durham. 
 
 IMaiichester 
 
 Lancaster. 
 
 Swansea 
 
 Ulamorgan. 
 
 Middlesbrough . 
 
 York, North Riding. 
 
 Walsall . 
 
 Stafford. 
 
 Kuwcastle-upon- 
 
 
 WestBromwich . 
 
 Stafford. 
 
 Tyne 
 
 Northumberland. 
 
 West Uam. 
 
 Essex. 
 
 Northampton 
 
 Northampton. 
 
 Wigan 
 
 Lancaster. 
 
 Norwich 
 
 Norfolk. 
 
 Wolverhampton . 
 
 Stafford. 
 
 Nottingham 
 
 Nottingham. 
 
 Worcester . 
 
 Worcester. 
 
 Oldham . 
 
 Lancaster. 
 
 York . 
 
 York, North, East and 
 
 Plymouth . 
 
 Devon, 
 
 
 West Ridings. 
 
 Portsmouth 
 
 Hants. 
 
 
 
 THE REGISTRATION OF ELECTORS ACTS, 1843 to 1888. 
 
 The Parliamentary Registration Act, 1843, 6 & 7 Vict. c. 18. 
 
 An Act relating to payment of Rates and Taxes, 1848, 11 & 12 Vict. 
 0. 90. 
 
 Compound Householders Act, 1851, 14 & 16 Vict., c. 14. 
 
 County Voters Registration Act, 1865, 28 Vict. c. 36. 
 
 Revising Barristers Act, 1866, 29 & 30 Vict. c. 54. 
 
 Vaccination Act, 1867, 30 & 31 Vict. c. 84, s. 26. 
 
 Representation of the People Act, 1867, 30 & 31 Vict. c. 102. 
 
 Parliamentary Electors Registration Act, 1868, 31 & 32 Vict. c. 58. 
 
 Revenue Officers Disabilities Removal Act, 1868, 31 & 32 V'ict. c. 73. 
 
 Customs and Inland Revenue Duties Act, 1869, 32 & 33 Vict c. 14, s. 8. 
 
 Poor Rate Assessment & Collection Act, 1869, 32 & 33 Vict. c. 41. 
 
 Elementary Education Act, 1870, 33 & 34 Vict. c. 75, s. 91. 
 
 Parliamentary and ^lunicipal Elections Act, 1872, 35 cS: 36 Vict. c. 33. 
 
 Revising Barristers Act, 1873, 36 i: 37 Vict. c. 70. 
 
 Revenue Officers Disabilities Removal Act, 1874, 37 & 38 Vict. c. 22. 
 
 Revising Barristers Act, 1874, 37 & 38 Vict. c. 53. 
 
 Rating Act, 1874, 37 & 38 Vict. c. 54. 
 
 Elementary Education Act, 1876, 39 & 40 Vict. c. 79, s. 10. 
 
 House Occupiers Disqualification Removal Act, 1878, 41 Vict. c. 3. 
 
 Parliamentary and Municipal Registration Act, 1878, 41 & 42 Vict. c. 26. 
 
 Assessed Rates Act, 187'J, 42 Vict. c. 10. 
 
 Supreme Court of Judicature Act, 1881, 44 & 45 Vict. c. 68, s. 14. 
 
 Municipal Corporations Act, 1882, 45 & 46 Vict. c. 50. 
 
 Diseases Prevention (Metropolis) Act, 1883, 46 & 47 Vict. c. 35, s. 7. 
 
 Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51. 
 
 Municipal Elections (Corrupt and Illegal Practices) Act, 1884, 47 & 48 
 Vict. c. 70. 
 
 Representation of the People Act, 1884, 48 Vict. c. 3. 
 
 Municipal Voters Relief Act, 1885, 48 Vict. c. 9. 
 
 Registration Act, 1835, 48 Vict. c. 15. 
 
 Redistribution of Seats Act, 1885, 48 & 49 Vict. c. 23. 
 
 Medical Relief, Disqualification Removal Act, 1885, 48 & 49 Vict. c. 46. 
 
 Revising Barristers Act, 1886, 49 & 50 Vict. c. 42. 
 
 Police Disabilities Removal Act, 60 Vict. c. 9. 
 
 The County Electors Act, 51 Vict. c. 10.
 
 AITEXMX. 
 
 305 
 
 LIST OF CASES QUOTED. 
 
 Addison v. Mayor, &c., of Preston 
 Aldridg-e v. Hurst .... 
 Arnol'l c. Mayor, &c., of Gravesend 10 
 Aslatt V. M:iyor, &c , of Southampton 
 Attorney -Cieneral 
 
 PAGE 
 
 59, 154 
 
 89 
 
 Corporation of Avon 
 Corporation of Bii 
 niingham . 10 
 V. Corporation of Licli 
 
 field 
 V. Corporation of 
 
 Shrewsbury . 
 V Corporation of Thet 
 
 ford . 
 v. Corporation of 
 
 Wigan 
 V. Corporation of Great 
 
 Yarmouth 
 V. Jloore 
 Barnstaple, Case of, Municipal Election 
 Bates V. Winstanley 
 Baylis v. Strickland 
 Bettesworth v. Allingham 
 Birkbeck, Ex parte. 
 Birlej' v. Inhabitants of Palford 
 Birmingham, Ex parte Mayor of . 
 Blankley v. Winstanley . 
 Boyd V. Croydon Railway Company 
 Bradley v. Bayless .... 
 Brown V. Evans .... 
 Budge V. Andrews and others . 61, 
 Burgoyne v. Collins . . 
 Candlish v. Simpson 
 Clementson v. Mason 
 Cole V. Gane ..... 
 Connell v. Mayor, &c., of Newcaslle-c 
 
 Tyne 
 
 Coomber v. Justices of Berks . 
 
 Cortis V. Kent Waterworks Company 
 
 Costor V. Hetherington . 
 
 Creek, Re .... . 
 
 Derby Case ..... 
 
 Derby, lie Municipal Estates, 
 
 Doe d. Parr v. Roe. 
 
 Doulon V. Halse .... 
 
 Evan v. Corporation of Avon. 
 
 Everett v. Grapes .... 
 
 Flintham v. Eoxbargh ... 31, 
 
 GoTHAED and others v. Clarke and others 
 
 Grainger v. Taunton 
 
 Grant v. Overseers of Pagham 
 
 69, 
 
 129 
 
 52 
 
 173 
 
 135 
 
 130 
 
 123 
 
 135 
 
 129 
 
 107 
 181 
 
 67 
 139 
 
 38 
 260 
 31, 80 
 136 
 140 
 139 
 184 
 
 48 
 
 142 
 
 71,87 
 
 67 
 141 
 
 68 
 160 
 
 54 
 
 116 
 
 184 
 
 53 
 
 28 
 
 169 
 
 110 
 
 129 
 
 161 
 
 122 
 
 43 
 
 77 
 
 69 
 
 151 
 
 85 
 
 PAOE 
 
 28, 48 
 
 Brighton 116 
 
 53 
 
 99 
 
 Greenway .v Batchelor . 
 H.^LLETT V. Churchwardens of 
 Hardwick v. Brown 
 Hargreaves v. Scott 
 
 V. Simpson . 
 Harmon v. Park . . . 66, 67, 
 
 Harwich, IMayor, &c., of, v. Gaut . 
 Helleston Case .... 
 Henry r. Aimitage .... 
 Hereford Pjlectiun Petition . 
 Hindmai sh, Ex parte 
 Hine r. Reynolds .... 
 Hopkins V. Mayor, &c., of Swansea 
 Hounsell v. Suttill .... 
 Howes «'. Turner . . . .68 
 
 Hyde Corporation v. Bank of England 
 Hythe, Ex parte Corporation of 
 Iles v. Assessment Committee of West 
 
 Ham Union, &c 
 Johnson v. Mayor, &c. of Croydon 
 
 83 
 68, 93 
 
 182 
 
 169 
 67 
 89 
 31 
 
 114 
 
 43, 1G9 
 
 74 
 
 ,87 
 30 
 
 127 
 
 Jones V. Mayor, &c., of Carmarthen 
 
 V. Johiison . 
 KiRBY V. BitTen 
 Lakl v. Butler 
 Lefeuvre v. Lancaster 
 Lewis r. Carv . 
 
 V. 3Iayor, kc, of Rochester 
 Lichfield, Mayor of, &c., of v. Simpson 
 Lincoln, Mayor of, v. Holmes 
 Line, &c., v. Warren 
 Luvering v. Dawson . 88, 91, 
 Lyme Regis, Case of 
 MACnoNALi) V. Lochrane . 
 Maclaren v. Mieve Hon.e 
 Maidenhead Hection Petition 
 Mallam ('. Bean 
 Mather v. Brown . 
 Maude v. Lowley . 
 Mellor ')'. Leatht r . 
 Mersej' Dock Board v. Lucas . 
 Middleton v. Simpson 
 Milner v. Bale 
 Moger V. Escott 
 Molesworth, Ex parte 
 Monks V. Jackson . 
 Moorhouse v. Linney 
 Morfee V. Norris 
 Moss V. Overseers of Lichfield 
 Nash v. Coombs. 
 Newcastle, In re Corporation of 
 
 49 
 43 
 37 
 
 130 
 48 
 29 
 32 
 32 
 
 136 
 38 
 
 116 
 
 ,S8 
 
 92, 98, 100 
 
 27 
 43 
 
 2u7 
 
 96 
 
 67. 75, 191 
 
 86, 88, 90, 100 
 
 161 
 
 116 
 
 31 
 
 84 
 
 29 
 
 31 
 
 68 
 
 191 
 
 48 
 
 29 
 
 169 
 
 123 
 
 20
 
 30G 
 
 THE EXGLISn MUNICIPAL CODE. 
 
 V. 
 
 V. 
 
 v. 
 
 V. 
 
 r. 
 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 V. 
 
 15 
 
 Bristol, Recorder of 
 
 Burrell .... 
 
 Carmarthen, Recorder of 
 
 Charles 
 
 Chipping "Wycombe, Mayor of 
 
 Chitty . 
 
 Cockhurn 
 V. Cumpton 
 V. Deane . 
 
 Dunn 
 
 East Bridgeford 
 
 ElUs 
 
 Exeter, Mayor of, &c 28, 29, 12 
 
 Fox .... 
 
 Francis .... 
 
 Frost .... 
 
 Gascarth 
 V. Greene .... 
 V. Grimshaw 
 
 V. Hague .... 
 V. Hall and others 
 V. Harrald 
 
 t'. Harwich, Mayor of 
 V. Hastings, Mayor of 
 V. Hayward 
 
 V. Hodson .... 
 t'. Tlolden .... 
 t'. Hull, Governor of Poor in 
 t'. Hulton .... 
 V. Huntslet 
 
 V. Ireland .... 
 V. Jones .... 
 V. Leeds, Mayor of 
 V. Lichfield, Mayor, &c., of 
 V. Liverjiool, ISIayor of 
 V. Llanpian, Inljabitants of 
 V. Maidenhead, Corporation of 
 V. Masters .... 
 V. Jlonmouth, Mayor of 
 V. New Windsor, Mayor, &c., o 
 V. Monck .... 
 V. Oldham . 
 V. Oswestry, Treasurer of . 
 
 Nicholson v. Fields 
 Okehami-ton Case . 
 Overseers of St. Lawrence i'. Kent 
 
 Justices .... 
 Oxford Charities, In re . 
 Pake r. Hartshorn . 
 Pickering v. James . 
 t'. Startin 
 Powell V. Powell 
 Prestney v. Mayor, &c., of Colchester and 
 
 the Attorney General . 
 E. r. Aberavon, Mayor, &c., of 
 f. Ajuos .... 
 V. Arnold .... 
 r. Bangor, Mayor of (Pritchard's 
 Bond .... 
 Bideford, Mayor of 
 Bradley 
 
 Bridgnorth, IMayor of . 
 Bridgwater, Mayor of . 
 
 PAGE 
 32 
 
 1G9 
 
 136 
 
 123 
 
 98 
 
 82 
 
 89 
 
 126 
 
 case) 
 
 168, 170 
 173 
 139 
 189 
 
 51 
 
 133 
 
 129 
 
 67, 75 
 
 29 
 129 
 139 
 
 59 
 133 
 146 
 
 29 
 
 54 
 139 
 161 
 139 
 129 
 9, 169 
 
 48 
 
 8, 184 
 
 142 
 
 32 
 129 
 
 32 
 129 
 
 39 
 
 87 
 
 95 
 61, 77 
 
 63 
 153 
 145 
 182 
 160 
 
 37 
 164 
 132 
 
 30 
 173 
 
 53 
 
 30 
 129, 130 
 139, 140 
 
 98 
 
 146 
 
 80 
 29, 137 
 
 137 
 32, 116 
 
 150 
 
 R. V. Owens . 
 
 t'. Oxford, Mayor of 
 
 V. Paramore 
 
 V. Parkinson 
 
 V. Perkin 
 
 V. Plenty . 
 
 V. Poole, Corporation of 
 
 V. Preece . 
 
 V. Prest 
 
 V. Price 
 
 V. Rochester 
 
 V. Ripon, Justices of 
 
 V. Sati'ron "Walden, Inhabitants 
 
 V. Salop, Justices of . 
 
 r. Sankcy .... 
 
 V. ShcfiBeld, Mayor, &c., of 
 
 V. Stacey .... 
 
 V. Stokes .... 
 
 «'. Strachan 
 
 V. Suffolk, Justices of 
 
 V. Tart .... 
 
 V. Tewkesbury, Mayor &c., of 
 
 V. Thomas .... 
 
 V. Thompson 
 
 V. Trevenen 
 
 V. Tugwell . . 
 
 r. Ward .... 
 
 V. Wells, jNIayor of 
 
 V. Welshpool, Mayor of 
 
 V. White .... 
 
 V. Wig^n, Corporation of . 
 
 V. Wilton, Mayor of . 
 
 V. York, Mayor, &c., of 
 
 V 
 
 of 
 
 17, 36, 
 129, 
 
 37, 
 
 PAGE 
 
 65 
 
 63 
 
 129 
 
 65, 67 
 
 152 
 
 75 
 
 123 
 
 50 
 
 129 
 
 95 
 
 81 
 
 180 
 
 29 
 
 146 
 
 123 
 
 136 
 
 183 
 
 184 
 
 62 
 
 146 
 
 82 
 
 65 
 
 36, 42 
 
 161 
 
 183 
 
 63,65 
 
 183 
 
 153 
 
 88 
 
 66 
 
 51 
 
 75 
 
 155 
 
 Reigate, Mayor of , v. Hart . 139, 142, 181 
 
 r.Wells, Mavor of, &c. 153 
 
 Basingstoke 
 Bolton . 
 
 V. 
 
 32, 
 
 123, 
 
 Robson, Ex parte (Saffron Walden) 
 Rochester, Mayor, &c. of, v. Regina 
 Rutter V. Chapman .... 
 Simpson v. Yeend .... 
 V. Ready .... 
 Smith V. Regina 
 Soper V. Mayor of 
 Stafford, Mayor of 
 Staniland v. Hopkins 
 Stanley v. Norwich, IMayor of 
 Stevenson i'. Mayor, &2. , of Berwick 
 Summers v. Moorhouse . . . . 
 Sutton V. Bishop . . . . . 
 Swinford v. Keble ..... 
 Taylor v. Vergetto . . . . 
 
 Thomas v. Mayor, &c., of Swansea. 
 Wakefield Boahd of Health r. West 
 Riding and Grimsby Railway Company 
 Ward r. Sheffield, Mayor of . 
 West Bromwich School Board, In re 
 Wilkes, Ex parte 
 Williams v. Mayor of 
 Wilson V. Strugnell 
 Winn V. Mossman . 
 Woods V. Reed 
 Woodward i\ Sareons 
 Wray, In re . 
 Yates v. Leach 
 
 Tenby 
 
 141, 
 73, 
 
 88, 91, 97, 
 
 262 
 81 
 
 172 
 83 
 
 182 
 
 146 
 68 
 27 
 
 126 
 
 169 
 37 
 75 
 85 
 
 125 
 38 
 37 
 
 139 
 129 
 
 84 
 262 
 
 90 
 138 
 181 
 130 
 207 
 
 84 
 100
 
 307 
 
 gene:ral index. 
 
 (Comprising References to the Faragraphs and Subsections of each Section, and the 
 Paragraphs and parts of each Schedule of the Act, vnth the Pages on wlijch the 
 same appear ; and also References to Comments and Footnotes and the Appendix.) 
 
 *^* The references in Italic type dfscrihe those portions of the Act xohich have 
 been repealed or amended, or re-enacted by subsequent legislation. 
 
 ABATEMENT: 
 
 of election petition by death of petitioner 
 
 ABODE : 
 
 place of, how to be stated in ballot paper 
 means place of residence, not of business 
 
 ABSENCE FROM BOROUGH: 
 
 disqualification by .... 
 
 liable to a fine for .... 
 
 ABSTRACTS : 
 
 from treasurer to Local Government Board 
 from town clerk to ditto 
 
 as to heads under which to be made up . 
 as to inspection of . 
 of Summary Jurisdiction Act (1884) 
 of Coroners' Act (1887) 
 County Electors Act (1888) . 
 Eecorders, &c., Act (1888) 
 of Local Government (England and 
 Wales) Act, 1888 .... 
 
 ACCEPTANCE OF OFFICE : 
 
 amount of fine to avoid 
 
 declaration to be made on, with five 
 days of notice ..... 
 ACCOUNTS [See Auditors— Borough Rate- 
 Borough fund — Town Clerk — Treasurer, 
 
 <S:c. 
 ACT (4.5 and 46 Vict. c. 50) : 
 
 title of . 
 
 how divided ..... 
 
 extended only to England and Wales 
 
 commencement of ... 
 
 application of ... . 
 ACTS OF PARLIAMENT {See also 
 Abstracts) : 
 
 Municipal Corporations Act (1883) 
 
 Borough Constables Act (1883) . 
 
 Election (Hours of Poll) Act (1884) . 
 
 Municipal Elections (Corrupt and Illegal 
 Practices) Act (1884). 
 
 Municipal Voters Relief Act (1885) 
 
 Elections (Hours of Poll) Act (1885) , 
 
 HonorHryFreedomof Boroughs Act (1885) 
 
 School Boards Act (1885) 
 
 Medical Relief Disqualification Renewal 
 
 Act (1885) 
 
 ACTION : 
 
 to recover fine from mayor, or alderman, 
 town clerk, or overseer, for neglect 
 of duties in reference to revision or 
 election not to be brought after three 
 months ...... 
 
 Sec. 
 
 96 
 
 Subsec, 
 
 1-4 
 
 Para. 
 
 39 
 39 
 
 26 
 28 
 
 233 
 
 34 
 34 
 
 1 
 2 
 3 
 4 
 6 
 
 1-6 
 
 4 
 
 Sched. Part, 
 
 Para. Page. 
 
 Appe 
 
 10 
 
 1-3 
 
 K 
 
 ndix. 
 
 Appe 
 
 ndix. 
 
 97 
 
 206-7 
 28 
 
 53 
 
 54 
 
 44 
 44-6 
 
 45 
 189 
 281 
 282 
 285 
 285 
 
 286 
 
 50 
 50 
 
 14 
 
 14 
 21 
 21 
 24 
 
 242 
 254 
 255 
 
 255 
 275 
 276 
 277 
 278 
 
 279 
 
 80-1
 
 308 
 
 THE ENGLISH 21VXICIPAL CODE. 
 
 
 Bee. 
 
 Subssc. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 A.iJ£10'S— continued. 
 
 
 
 
 
 
 
 
 moiety of fine in, to be paid to plaintiff 
 
 75 
 
 3 
 
 
 • • 
 
 • • 
 
 81 
 
 against any person for any act done in 
 
 
 
 
 
 
 
 
 pursuanco of Act, or for any alleged 
 
 
 
 
 
 
 
 
 neglect or default, not to lie or be 
 
 
 
 
 
 
 
 
 instituted unless commenced -within 
 
 
 
 
 
 
 
 
 six mouths . . . . - 
 
 226 
 
 1 
 
 . . 
 
 • • 
 
 
 183 
 
 vrhere, for damages, tender of amends be- 
 
 
 
 
 
 
 
 fore same commenced may be pleaded 
 
 226 
 
 2 
 
 • • . . 
 
 , , 
 
 , , 
 
 184 
 
 against corporate officers may be defended 
 
 
 
 
 
 
 
 
 out of borough fund with certain 
 
 
 
 
 
 
 
 
 limitations ...••• 
 
 226 
 
 3 
 
 
 
 .. 
 
 
 184 
 
 ADMIRALTY : 
 
 
 
 
 
 
 
 
 nothing in Act to affect powers Tested in 
 
 255 
 
 
 • • 
 
 • t 
 
 • « 
 
 
 197 
 
 ADJOURNMENTS: 
 
 
 
 
 
 
 
 
 of council meetings .... 
 
 
 , , 
 
 . . 
 
 1 , , 
 
 , , 
 
 , , 
 
 39 
 
 as to, of poll ..... 
 
 58 
 
 1 
 
 
 . . 
 
 
 • . 
 
 7J 
 
 quarter sessions 
 
 167 
 
 1 
 
 
 1 
 
 
 • • 
 
 148 
 
 ADMINISTRATION, LETTERS OF : 
 
 
 
 
 \ 
 
 
 
 
 as to title under, to be enrolled as burgess 
 
 33 
 
 1 
 
 
 
 
 
 49 
 
 ADMISSION OF FREEMEN : 
 
 
 
 
 
 
 
 
 as to stamp duty on, &c. 
 
 209 
 
 2 
 
 
 , , 
 
 , , 
 
 21 
 
 of honorary ....•• 
 
 • • 
 
 
 
 .. 
 
 • • 
 
 .. 
 
 277 
 
 ADULTERATION: 
 
 
 
 
 
 
 
 
 several county expenses not to include 
 
 
 
 
 
 
 
 
 expenses incurred in detecting . 
 
 152 
 
 2 
 
 • • 
 
 1 
 
 
 .. 
 
 .\37 
 
 ADVOWSONS : 
 
 
 
 
 
 
 
 
 rights and duties of the council in respect 
 
 
 
 
 
 
 
 
 of 
 
 121 
 
 1-2 
 
 
 1 ■ • 
 
 , , 
 
 . , 
 
 114 
 
 as to sale of, by council 
 
 121 
 
 3 
 
 
 , , 
 
 , , 
 
 , , 
 
 114 
 
 regulations as to sale of . 
 
 122 
 
 1-4 
 
 
 
 • • 
 
 
 115 
 
 ADVERTISEMENTS: 
 
 
 
 
 
 
 
 
 publication of in newspapera not to dis- 
 
 
 
 
 
 
 
 
 qualify proprietors .... 
 
 12 
 
 2 
 
 c 
 
 • • 
 
 • • 
 
 • • 
 
 32 
 
 AFFIRMATION: 
 
 
 
 
 
 
 
 
 on election to corporate office may be 
 
 
 
 
 
 
 
 
 made by those entitled to do so 
 
 36 
 
 3 
 
 
 
 
 
 61 
 
 AGE: 
 
 
 
 
 
 
 
 
 being above sixty-five exempted from 
 
 
 
 
 
 
 
 
 serving corporate office 
 
 34 
 
 3 
 
 b 
 
 •• 
 
 
 
 60 
 
 AGENCY : 
 
 
 
 
 
 
 
 
 rules observed in parliamentary elections 
 
 
 
 
 
 
 
 
 to be observed in municipal elections. 
 
 100 
 
 3 
 
 .. 
 
 • • 
 
 
 
 100 
 
 AGENTS :* 
 
 
 
 
 
 
 
 
 corrupt practices by, houj a candidate 
 affected ...... 
 
 /80 
 
 \83 
 
 • • 
 
 (See 
 
 also 
 
 Appen 
 
 dix.) 
 
 (85 
 ( 86 
 
 not to be employed as, if hurgesses 
 
 82 
 
 1 
 
 M 
 
 >> 
 
 )> 
 
 >» 
 
 80 
 
 if so employed to be liable to Jitte 
 
 82 
 
 2 
 
 M 
 
 M 
 
 >> 
 
 >> 
 
 8i; 
 
 not to vote under penalty 
 
 82 
 
 3 
 
 >) 
 
 )> 
 
 »> 
 
 )> 
 
 86 
 
 ALDERSLEN : 
 
 
 
 
 
 
 
 
 number of ..... . 
 
 14 
 
 2 
 
 , P 
 
 , , 
 
 . • 
 
 , , 
 
 33 
 
 to be a councillor or qualified to be one . 
 
 14 
 
 3 
 
 . ^ 
 
 , , 
 
 . . 
 
 , , 
 
 33 
 
 councillor vacates seat if elected as 
 
 14 
 
 4 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 33 
 
 term of office of 
 
 14 
 
 6 
 
 
 
 • • 
 
 1 
 
 33 
 
 ♦ See Municipal Elections (Cormpt and Illegal Practices) Act, 18S4, at pages 255 to 275.
 
 &EXERAL IXBEX. 
 
 309 
 
 ALDERMEN -fo«/t«(/^'rf. 
 
 number of, and when to go out of office 
 must declare acceptance in five days 
 fine for not accepting office of 
 disqualified by bankruptcy . 
 
 by being absent from 
 
 borough (except for illness) more than 
 
 six months ...... 
 
 liable to a fine for absence 
 
 the ordinary day for election of, to be 
 
 9th of November .... 
 election of, to be held immediately after 
 
 that of mayor, or sheriff (where one) . 
 those who are outgoing not to vote 
 may vote for any number of persons not 
 
 exceeding the number of vacancies . 
 how to vote for ..... 
 chairman to declare number of votes for 
 chairman may have a casting vote in 
 
 case of an equality in election for. 
 
 although an outgoing alderman . 
 those having the highest number of 
 
 votes to bo declared elected 
 outgoing holder of the office may be 
 
 elected mayor ..... 
 when casual vacancy in office of, to be 
 
 filled up ..... . 
 
 to be chosen by council to act in an elec- 
 tion in absence or incapacity of mayor 
 in case of incapacity of alderman of 
 
 ward at election mayor to appoint 
 
 another alderman .... 
 fine for neglecting to conduct, &c., an 
 
 election ...... 
 
 where mayor incapacitated, council to 
 
 choose an alderman to be returning 
 
 officer at parliamentary election 
 
 ALEHOUSE LICENCES : 
 
 not to be granted by recorder 
 recorder cannot hear appeal against 
 refusal of borough justices to grant 
 under ....... 
 
 ALLEGIANCE, OATH OF {See Oaths) 
 
 ALIEN : 
 
 disqualification of . 
 
 ALMS (&e Parochial Relief). 
 
 AMENDS {See Action). 
 
 APPEAL : 
 
 from decision of mayor to validity of 
 nomination papers .... 
 
 by overseers against assessment of parish 
 to borough rate ..... 
 a person rated to borough rate in 
 divided parish ..... 
 APPENDIX : 
 
 Sec. 
 
 H 
 34 
 34 
 39 
 
 39 
 39 
 
 60 
 
 60 
 60 
 
 60 
 
 60 
 60 
 
 60 
 60 
 15 
 66 
 67 
 
 67 
 75 
 
 244 
 
 165 
 
 165 
 
 55 
 
 144 
 146 
 
 Subfec. 
 
 Pa'a. 
 
 Sched. 
 
 r«:t. 
 
 Para. 
 
 6-7 
 1 
 1 
 I 
 
 2 
 3 
 
 4 
 4 
 5 
 
 6 
 7 
 2 
 1 
 1 
 
 2 
 1 
 
 14
 
 310 
 
 THE EXGLISU MUNICIPAL CODE. 
 
 ARIJITRATIOX: 
 
 in ease of dispute as to claim of county 
 treasurer against borough having 
 quarter sessions ..... 
 
 as to award upon ..... 
 
 adjustment between borough and county 
 on change of boundaries to be referred 
 
 ARTjITRATOR : 
 
 appointment of, on adjustment of rates 
 between borough and county on change 
 of boundary . . . . . 
 
 ASSESSORS :* 
 
 two revising, to he elected by the 
 
 burgesses in non-par Hamentarg borough 
 qtialijication of .... . 
 
 term of office ...... 
 
 to appoint a deputy to act for in case of 
 
 illness or incapacity to act 
 appointment of deputy to be signified to 
 
 council ...;.. 
 
 fne for not accepting office 
 day of election to be \st of March, or 
 
 such other day as council, with the 
 . approval of Local Government may 
 
 appoint ...... 
 
 as to voting for them and auditors at same 
 
 time ....... 
 
 voter to vote for onhf one .... 
 
 within ichat time casual vacancy in office of 
 
 to be filled up .... . 
 fine i( pen, for refusing, ^c., to revise parish 
 
 burgess list ...... 
 
 ASSESSED TAXES : 
 
 of land taxes or assessed taxes not to be 
 afl'ected by Act ..... 
 
 ASSISTANT CLERK OF THE PEACE : 
 
 appointment of 
 
 fee to 
 
 Sec. iBubsec. Para. I Sched. 
 
 153 
 lo3 
 
 229 
 
 229 
 
 29 
 
 1 
 
 29 
 
 2 
 
 29 
 
 3 
 
 29 
 
 4 
 
 29 
 
 5 
 
 34 
 
 2 
 
 ASSISTANT RECORDER : 
 
 appointment of . . . . . 
 to have same powers as recorder 
 must have been approved as fit person by 
 Secretary cf State .... 
 remuneration of . . . . . 
 fee to 
 
 ASSIZES : 
 
 boroughs to pay share of expenses of 
 prosecution at . .... 
 
 principle on which share is to be cal- 
 culated ...... 
 
 in case of difference as to expenses a 
 reference to a barrister to be made . 
 
 62 
 
 62 
 62 
 
 66 
 
 75 
 
 228 
 168 
 
 166 
 168 
 
 168 
 
 168 
 
 153 
 153 
 
 Part. 
 
 Para. 
 
 ♦ This office was practically abolished by the County Electors Act, 1888, .sec. 4, sub-sec. 1, par. a.
 
 GENERAL INDEX. 
 
 311 
 
 AUDITORS : 
 
 disqualified for oifice of councillor (if 
 elective) ....'• 
 
 to be three, two elected by burgesses and 
 one appointed by mayor 
 
 elective auditor qualified to be councillor 
 
 mayor's auditor to be a member of the 
 council ...... 
 
 term of office of .... . 
 
 day of appointment of . 
 
 casual vacancy in office of, how to be 
 filled 
 
 to audit accounts of treasurer 
 
 fine for not accepting office of 
 
 day of election to be 1st of March, or 
 such other day as council, with 
 approval of Local Government Board 
 may appoint ..... 
 
 voter to vote for only one 
 
 within what time casual vacancy in office 
 of, to be filled up ... . 
 
 BAIL: 
 
 constable may take bail for appearance 
 where person charged with petty mis- 
 demeanour brought to watchhouse by 
 day or night ..... 
 
 obligation and condition of recognisance 
 
 book with particulars to be kept . 
 to be laid before justice . 
 
 recognisance forfeited in default of 
 appearance ...... 
 
 when recognisance may be discharged . 
 
 BALLOT : 
 
 a person who has voted by, not to be 
 questioned in any proceeding upon an 
 election as to for whom he voted 
 
 BALLOT ACT : 
 
 revival of portions of, upon expiration 
 of Act 
 
 certain provisions of, not to apply . 
 
 enactments which are to revive on ex- 
 piration of . 
 
 poll at election to be under . 
 
 directions for the conduct of poll, &c., 
 under, as defined by section 20 . 
 
 as to polling stations under (Rules 16 
 and 19 of Third Schedule) . 
 
 nothing in, to authorize appointment by 
 agents for candidates under this Act . 
 
 Section 13, as to mistakes in forms 
 
 Section 3, 'as to ofi'ences in connection 
 with nomination papers 
 
 See. 
 
 12 
 
 25 
 25 
 
 25 
 25 
 25 
 
 25 
 27 
 34 
 
 62 
 62 
 
 66 
 
 104 
 
 58 
 
 58 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 227 
 
 1 
 
 227 
 
 2 
 
 227 
 
 3 
 
 227 
 
 4 
 
 227 
 
 5 
 
 227 
 
 8 
 
 1 
 
 2 
 
 3 
 4 
 5 
 
 6 
 1 
 1 
 
 3 
 
 4 
 
 1 
 
 1-10 
 
 Page. 
 
 31 
 
 44 
 44 
 
 44 
 44 
 44 
 
 44 
 44 
 50 
 
 76 
 
 77 
 
 77 
 
 184 
 185 
 185 
 185 
 
 185 
 185 
 
 102 
 
 81 
 72 
 
 81-82 
 71 
 
 71 
 
 72 
 
 73 
 
 79 
 
 80
 
 312 
 
 TEE EXGLISn MUNICIPAL CODE. 
 
 BALF-OT PAPERS: 
 
 to be provided by mayor. . . . 
 form of . 
 
 I3AXK OF ENGLAND : 
 
 meaning of term ..... 
 transfer, &c., of stock in . . . 
 
 PANKRUPT: 
 
 disqualification by becoming . . . 
 
 BANKRUPTCY: 
 
 when disqualification by, is removei 
 
 BARRACKS : 
 
 tliis Act not to interfere with . 
 
 nut.li ible tobe rated . . . . 
 BARRISTER ! 
 
 to try an election petition 
 
 qualification of ... . 
 
 disqualitication of . 
 
 how and by iclwm to he appointed 
 
 fresh appointment of, in case of death or 
 incapacMty ...... 
 
 powers of ..... , 
 
 to try petition in open court . 
 
 to try petition within the borough, 
 except High Court orders otherwise . 
 
 may adjourn the court from time to time, 
 and from place to place 
 
 duty of, at tiio conclusion of the trial . 
 as to reporting to High Court . 
 
 may reserve questions of law or evidence 
 
 charge of corrupt practice, eviilence of 
 agency, &c., may be gone into before . 
 
 remuneration of, to be fixed by the elec- 
 tion judges, subject to approval of 
 the Treasury ..... 
 
 to be appointed by a judge as arbitrator 
 in disputes between the county trea- 
 surer and a borough having quarter 
 sessions . , .... 
 
 award of ..... . 
 
 BENEFICE : 
 
 promotion to, occupation by, effect of . 
 
 BERWICK-UPON-TWEED: 
 
 countj' of, to be considered as joining 
 Nortliuinberland for the purposes of 
 criminal trials ..... 
 
 BtRTII : 
 
 admission to freedom by 
 
 BLIND PERSONS : 
 
 exemption of, from serving corporate office 
 
 Sec. Subse:.' Para. 
 
 I 
 
 BOROUGH: 
 
 interpretation of term . 
 
 which boroughs are "county bornnghs' 
 
 7 
 118 
 
 39 
 
 39 
 
 25i 
 
 92 
 92 
 y2 
 92 
 
 92 
 
 92 
 93 
 
 93 
 
 93 
 93 
 93 
 93 
 
 93 
 
 101 
 
 l.")3 
 153 
 
 33 
 
 188 
 
 201 
 
 34 
 
 7 
 
 1 
 
 1-7 
 
 3 
 
 4 
 
 5-6 
 
 8 
 
 Sched. 
 
 Part. 
 
 3 
 2 
 
 Para. 
 
 4 
 K 
 
 Page. 
 
 72 
 206-7 
 
 25-26 
 111-12 
 
 52 
 
 53 
 
 197 
 
 91 
 91 
 91 
 91 
 
 91 
 92 
 92 
 
 92 
 
 92 
 
 92 
 
 92-93 
 
 93 
 
 93 
 
 101 
 
 138 
 138 
 
 49 
 
 160 
 
 168 
 
 60 
 
 26 
 303
 
 GENERAL INDEX. 
 
 313 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page 
 
 BOROUGH— row «««<><?. 
 
 
 
 
 
 
 
 
 as to division of, into wards . 
 
 30 
 
 1-15 
 
 , , 
 
 , ^ 
 
 ^ ^ 
 
 , , 
 
 46-7 
 
 may be divided into polling districts 
 
 64 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 77 
 
 meaning of tex-m, on petition 
 
 77 
 
 , , 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 83 
 
 jurisdiction of county jiis'ioes in . 
 
 154 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 139 
 
 as to grant of separate commission of 
 
 
 
 
 
 
 
 
 peace to 
 
 1513 
 
 , . 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 140 
 
 appointment of stipendiarj'magistrate for 
 
 161 
 
 1 
 
 , ,. 
 
 , , 
 
 , , 
 
 , , 
 
 143 
 
 grant of quarter sessions to . 
 
 162 
 
 1-3 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 144 
 
 appointment of recorder of . 
 
 163 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 144 
 
 liability of, having separate court of quar- 
 
 
 
 
 
 
 
 
 ter sessions, for prosecution expenses 
 
 169 
 
 . , 
 
 • ■ 
 
 , , 
 
 , , 
 
 , , 
 
 150 
 
 ■when other than coimty borouglis may 
 
 
 
 
 
 
 
 
 be liable to county contributions, &c., 
 
 
 
 
 
 
 
 
 for assizes, and prosecutions, &c. 
 
 , , 
 
 , , 
 
 
 , , 
 
 
 , , 
 
 150 
 
 sheriffs of,being a county of a city or town 
 
 170 
 
 1 
 
 ,. 
 
 • • 
 
 , , 
 
 , , 
 
 151 
 
 appointment of coroner in, where a 
 
 
 
 
 
 
 
 
 separate court of quarter sessions 
 
 171 
 
 1 
 
 , , 
 
 , , 
 
 , . 
 
 , , 
 
 151 
 
 power of appointment of coroner to cease 
 
 
 
 
 
 
 
 
 in quarter sessions boroughs with less 
 
 
 
 
 
 
 
 
 than 10, ('00 inhabitants 
 
 . , 
 
 . , 
 
 , , 
 
 , , 
 
 , , 
 
 , . 
 
 151 
 
 where no separate court of quarter 
 
 
 
 
 
 
 
 
 sessions, county coroner to act in 
 
 174 
 
 1 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 153 
 
 provision as to juries in 
 
 186 
 
 1-9 
 
 , , 
 
 * • 
 
 . . 
 
 . . 
 
 157-9 
 
 every burgess of, having separate court 
 
 
 
 
 
 
 
 
 of quarter sessions or civil court 
 
 
 
 
 
 
 
 
 unless by law exempt or disqualified, 
 
 
 
 
 
 
 
 
 to be liable to serve on grand or petty 
 
 
 
 
 
 
 
 
 juries in either of courts . 
 
 186 
 
 1 
 
 .. 
 
 • • 
 
 , , 
 
 , , 
 
 157 
 
 grant to, of separate commission of the 
 
 
 
 
 
 
 
 
 peace or court of quarter sessions not 
 
 
 
 
 
 
 
 
 afiected by subsequent grant to county 
 
 187 
 
 , , 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 159 
 
 trials of offences comndtted in, being a 
 
 
 
 
 
 
 
 
 county of a city or county of a town 
 
 
 
 
 
 
 
 
 to be had in manner authorised by 
 
 
 
 
 
 
 
 
 38 Geo. 3, c. 52, unless a commission of 
 
 
 
 
 
 
 
 
 oyer and terminer and gaol delivery is 
 
 
 
 
 
 
 
 
 directed to be executed 
 
 188 
 
 1 
 
 
 
 
 
 159 
 
 jurisdiction in places sej.arated from 
 
 Ls9 
 
 • • 
 
 , , 
 
 ^ , 
 
 . , 
 
 , . 
 
 160 
 
 grant of ehaiter to .... 
 
 210 
 
 • • 
 
 
 
 , , 
 
 , , 
 
 172 
 
 provision as to police force in new 
 
 215 
 
 , . 
 
 , , 
 
 , , 
 
 . « 
 
 . , 
 
 177 
 
 service of summons or warrant issued bj'' 
 
 
 
 
 
 
 
 
 justice of ..... . 
 
 223 
 
 • • 
 
 
 
 • « 
 
 
 181 
 
 every place at commencement of Act in- 
 
 
 
 
 
 
 
 
 cli'dod within, then existing, and no 
 
 
 
 
 
 
 
 
 other place, to be i^art of, and in each 
 
 
 
 
 
 
 
 
 then existing whith is a county of 
 
 
 
 
 
 
 
 
 itself to be part of that count}', &c., 
 
 
 
 
 
 
 
 
 of no other ..... 
 
 228 
 
 1 
 
 , ^ 
 
 , , 
 
 , , 
 
 • . 
 
 186 
 
 where under the act of 1835, or any 
 
 
 
 
 
 
 
 
 amending act any such county or 
 
 
 
 
 
 
 
 
 borouah, does not at commencement of 
 
 
 
 
 
 
 
 
 Act include a place which before 
 
 
 
 
 
 
 
 
 passing uf Municipal Corporations Act, 
 
 
 
 
 
 
 
 
 1835, was part thereof, that place to 
 
 
 
 
 
 
 
 
 continue to be part of county wherein 
 
 
 
 
 
 
 
 
 situate, or with which, it has longest 
 
 
 
 
 
 
 
 
 common boundary .... 
 
 228 
 
 2 
 
 , , 
 
 , , 
 
 , . 
 
 
 186 
 
 adjustment between, and counties on 
 
 
 
 
 
 
 
 
 change of boundaries 
 
 229 
 
 
 
 , , 
 
 
 
 187 
 
 mayor to be returned officer at parlia- 
 
 
 
 
 
 
 
 
 mentary elections of, except in Ber- 
 
 
 
 
 
 
 
 
 wick-upon-Tweed .... 
 
 244 
 
 1 
 
 
 .. 
 
 
 
 192
 
 314 
 
 THE ENGLISH MUXICIPaL CODE. 
 
 
 Bee. 
 
 Subsec. 
 
 Para. Sched. 
 
 Part. Para. 
 
 j Page. 
 
 i 
 
 1 
 
 BOROUGn continued. 
 
 
 
 
 
 
 
 
 if mure m;iyurs than one in a parlia- 
 
 
 
 
 
 
 
 
 mentary borough, mayor of that to 
 
 
 
 
 
 
 
 
 which writ of election is directed to 
 
 
 
 
 
 
 
 
 be returning officer .... 
 
 244 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 192 
 
 where mayor incapacitated council to 
 
 
 
 
 
 
 
 
 choose aldomian to be returning oliicer 
 
 244 
 
 3 
 
 • • 
 
 
 • • 
 
 • • 
 
 192 
 
 right of free trading in , 
 
 247 
 
 
 1 
 
 • • • • 
 
 • • 
 
 • • 
 
 193 
 
 special provisions as to, of Hastings, 
 
 
 
 
 
 
 
 Sandwich, Dover, Hythe, and Rye 
 
 248 
 
 1 
 
 • ■ • • 
 
 • • 
 
 • • 
 
 193-4 
 
 saving in Act as to existing corporations 
 
 250 
 
 1 
 
 * • 
 
 • • 
 
 • • 
 
 • • 
 
 195-6 
 
 BOROUGH BRIDGES : 
 
 
 
 
 
 
 
 
 as to maintaining, altering, rcibuilding, 
 
 
 
 
 
 
 
 &c. ..... 
 
 119 
 
 1-4 
 
 • • 
 
 • • 
 
 • • 
 
 , , 
 
 112-13 
 
 form of mortgage ..... 
 
 ■ . 
 
 • • 
 
 • • 
 
 8 
 
 4 
 
 P 
 
 209-10 
 
 transfer 
 
 a • 
 
 • • 
 
 • • 
 
 8 
 
 4 
 
 Q 
 
 210 
 
 BOROUGH Civil, COURT : 
 
 
 
 
 
 
 
 
 meaning of term ..... 
 
 m 
 4 
 
 1 
 
 • • 
 
 • ■ 
 
 • • 
 
 * • 
 
 25 
 
 recorder to be judge of, except where 
 
 
 
 
 
 
 
 
 court is regulated by a local Act of 
 
 
 
 
 
 
 
 Parliament, or where a barrister of 
 
 
 
 
 
 
 
 five years' standing acted, at passing of 
 
 
 
 
 
 
 
 the Act of 1835, as judge or assessor 
 
 
 
 
 
 
 
 of the court 
 
 175 
 
 1 
 
 • • • • 
 
 • • 
 
 • • 
 
 153 
 
 recorder may appoint a deputy judge of, 
 
 175 
 
 2 
 
 ■ • 
 
 • • 
 
 • • 
 
 • • 
 
 153 
 
 where recorder is judge of, court may 
 
 
 
 
 
 
 
 
 in his absence be holden for all pur- 
 
 
 
 
 
 
 
 
 poses within competency of court. 
 
 
 
 
 
 
 
 
 except for trial of issues of fact or of 
 
 
 
 
 
 
 
 
 law, before any person, being a 
 
 
 
 1 
 
 
 
 
 
 barrister of five years' standing, 
 
 
 
 
 
 
 
 
 or a solicitor of five years' practice. 
 
 
 
 
 
 
 
 
 appointed by recorder 
 
 175 
 
 6 
 
 • • 
 
 • • 
 
 • • 
 
 • « 
 
 164 
 
 where no recorder, such olicer of borough 
 
 
 
 
 
 
 
 
 as by charter constituting the court, 
 
 
 
 
 
 
 
 
 or by custom, is judge of the court, to 
 
 
 
 
 
 
 
 
 continue to be and act as such judge 
 
 
 
 
 
 
 
 
 of . 
 
 176 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 154 
 
 judge or assessor of, other than mayor, to 
 
 
 
 
 
 
 
 
 hold office during good behaviour 
 
 177 
 
 • • 
 
 
 154 
 
 appointment of registrar and requisite 
 
 
 
 
 
 
 
 
 officers of ..... , 
 
 178 
 
 1-2 
 
 • ■ 
 
 • • 
 
 • • 
 
 , , 
 
 154 
 
 registrar or other officer of, not to prac- 
 
 
 
 
 
 
 
 
 tise by himself, partner, or clerk, as a 
 
 
 
 
 
 
 
 
 solicitor or attorney in the court, or 
 
 
 
 
 
 
 
 
 act as agent for any other solicitor or 
 
 
 
 
 
 
 
 \ 
 
 attorney ...... 
 
 179 
 
 1 
 
 • • 
 
 
 • • 
 
 • • 
 
 155 
 
 time of holding ..... 
 
 180 
 
 1-2 
 
 • • • • 
 
 • • 
 
 , , 
 
 i 155 
 
 every personal action brought in, to be 
 
 
 
 
 
 1 
 
 commenced by writ of summons 
 
 181 
 
 • • 
 
 • • • • 
 
 , , 
 
 • • 
 
 155 
 
 power for judge of, to make rules of pro- 
 
 
 
 
 
 
 
 cedure 
 
 182 
 
 1 
 
 • • • • 
 
 • « 
 
 • • 
 
 155 
 
 where recorder is not judge of he is 
 
 
 
 11 
 
 
 
 
 to approve rules except when he is 
 
 
 
 
 
 
 
 
 deputy 
 
 182 
 
 2 
 
 • • • • 
 
 • • 
 
 • • 
 
 156 
 
 all rules to be subject to approval of three 
 
 
 
 ■1 
 
 
 
 
 jiidi,'es of High Court . 
 
 182 
 
 3 
 
 ■ • • • 
 
 • • 
 
 • • 
 
 156 
 
 jurisdiction of 
 
 183 
 
 1 
 
 .. 1 .. 
 
 • • 
 
 1 * * 
 
 156
 
 GENERAL INDEX. 
 
 315 
 
 BOROUGH CIVIL COURT— ra«<i««f^. 
 saving clause for, and Borough and 
 
 Local Courts of Record Act, 1872 
 power for Queen to extend jurisdiction of 
 BOROUGH CONSTABLES : 
 
 watch committee of council to appoint . 
 duties and powers of . 
 cannot vote in municipal election . 
 may vote in parliamentary elections 
 
 subject to provisions of 50 Vict., c. 9. 
 when powers in, cease .... 
 quarterly returns as to, to be sent to 
 
 Secretary of State .... 
 power of, to apprehend disorderly 
 
 persons, &c. ..... 
 
 penalties on, for neglect of duty . 
 
 for assaults on . 
 as to limitation of penalties for assaults on 
 prosecutions must not be both summary 
 
 and by indictment .... 
 where person charged with petty mis- 
 demeanour is brought without warrant 
 
 into custodj' of, during attendance at 
 
 the watch-house, bail for appearance 
 
 maj"- be taken .... 
 must enter particulars of bail 
 
 lay bail book before justice 
 Act of 1883 (defining sect. 195 (1) . 
 BOROUGH FUND : 
 
 expenses of election to be paid out of 
 
 on certificate of Treasury . 
 what moneys are to be paid into . 
 application of ... . 
 what payments may be made out of 
 
 without order of the council 
 
 other expenses and payments may be 
 
 made out of ... . 
 payments may not be made without 
 
 order of council 
 order of council for payment out of, how 
 
 to be signed .... 
 power of removal therein 
 all payments to and out of, to be made to 
 
 and by treasurer 
 
 payments to treasurer to go to 
 if more than sufficient, surplus to be 
 
 applied to improvement of borough 
 how to be applied if borough a sanitary 
 
 district ..... 
 money raised by watch rate or separate 
 
 rate to go to . 
 Payments which may be made without 
 
 ORDER ... . . 
 
 remuneration to mayor . 
 recorder 
 
 stipendiary magistrate 
 town clerk . 
 treasurer 
 clerk of the peace 
 clerk to the justices 
 every other officer ap 
 pointed by the council 
 
 Sec. 
 
 184 
 185 
 
 191 
 191 
 
 191 
 
 192 
 
 193 
 194 
 
 195 
 
 195 
 
 227 
 227 
 227 
 
 101 
 139 
 140 
 
 140 
 
 140 
 
 140 
 
 141 
 141 
 
 142 
 142 
 
 143 
 
 143 
 
 200 
 
 140 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1-2 
 
 1 
 3 
 4 
 
 1 
 1 
 2 
 3 
 
 2 
 
 1 
 
 2 
 
 1 
 2 
 
 1 
 
 2 
 
 {See al 
 
 so App 
 
 endix.) 
 
 Appe 
 
 ndix. 
 
 
 
 5 
 5 
 5 
 
 5 
 5 
 5 
 
 Page. 
 
 156-7 
 157 
 
 161 
 161 
 161 
 
 161 
 
 162 
 
 162 
 
 162 
 162 
 163 
 163 
 
 163 
 
 184 
 185 
 185 
 254 
 
 101 
 
 127 
 127 
 
 127 
 
 128-9 
 
 127 
 
 129 
 129 
 
 129 
 129 
 
 129-30 
 
 130 
 
 167 
 
 127 
 127 
 127 
 127 
 127 
 127 
 127 
 127 
 
 127
 
 31o 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Pago. 
 
 BUROUGn Y\:-SD— continued. 
 
 
 
 
 
 
 
 
 as to romuneration and allowances cer- 
 
 
 
 
 
 
 
 
 tifiid by the Treasury to be payable in 
 
 
 
 
 
 
 
 
 respect of an election petition 
 
 • • 
 
 • • 
 
 • • 
 
 6 
 
 1 
 
 2 
 
 127 
 
 certified by recorder 
 
 
 
 
 
 
 
 
 to be due to assistant recorder, assis- 
 
 
 
 
 
 
 
 1 
 
 tant clerk of the peace, or additional 
 
 
 
 
 
 
 
 1 
 
 crier 
 
 , , 
 
 • , 
 
 • • 
 
 5 
 
 1 
 
 3 
 
 127 
 
 PAyMENTS WHICH MA'S NOT BE MADE 
 
 
 
 
 
 
 
 
 WITHOUT A\ OUDER .... 
 
 UO 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 127 
 
 expenses of overs, ers and town clerk. 
 
 
 
 
 
 
 
 
 &c., in relation to enrolment of 
 
 
 
 
 
 
 
 1 
 1 
 
 burgesses and holding of municipal 
 
 
 
 
 
 
 
 
 elections 
 
 , , 
 
 • • 
 
 • • 
 
 5 
 
 2 
 
 1 
 
 128 
 
 incurred by town clerk in pro- 
 
 
 
 
 
 
 
 
 viding accommodation for an election 
 
 
 
 
 
 
 
 
 court 
 
 , ^ 
 
 • • 
 
 • • 
 
 5 
 
 2 
 
 2 
 
 128 
 
 of providing, furnishing, main- 
 
 
 
 
 
 
 
 1 
 
 taining or improving curporate build- 
 
 
 
 
 
 
 
 1 
 
 ings, including justices' rooms 
 
 • • 
 
 
 
 5 
 
 2 
 
 3 
 
 128 
 
 fees payable to borough coroner 
 
 • • 
 
 , , 
 
 , , 
 
 5 
 
 2 
 
 4 
 
 128 
 
 paymfnt-i to borough police and special 
 
 
 
 
 
 
 
 
 constables 
 
 , , 
 
 • t 
 
 , , 
 
 5 
 
 2 
 
 5 
 
 128 
 
 salaries, wages, &c., to borough con- 
 
 
 
 
 
 
 
 
 Btubles at such piriods as the watch 
 
 
 
 
 
 
 
 
 committee, with the approbation of the 
 
 
 
 
 
 
 
 
 council, direct ..... 
 
 
 
 , ^ 
 
 5 
 
 2 
 
 5a 
 
 128 
 
 Buch further sums as watch com- 
 
 
 
 
 
 
 
 
 mittee and town council award for 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 sation for injuries received, or as an 
 
 
 
 
 
 
 
 
 allowance by bodily injury, or worn 
 
 
 
 
 
 
 
 
 out by length of service 
 
 
 ^ , 
 
 • ■ 
 
 5 
 
 2 
 
 bb 
 
 128 
 
 extraordinary expenses which a con- 
 
 
 
 
 
 
 
 
 stable has incurred in apprehending 
 
 
 
 
 
 
 
 
 oflenders and executing orders of 
 
 
 
 
 
 
 
 
 justices ...... 
 
 
 
 
 6 
 
 2 
 
 5c 
 
 128 
 
 aU other charges approved of which 
 
 
 
 
 
 
 
 
 watch committee direct to be paid for 
 
 
 
 
 
 
 
 
 the purposes of the constabulary 
 
 , , 
 
 , , 
 
 • • 
 
 5 
 
 2 
 
 bd 
 
 128 
 
 costs. &c., paj'able by corporation in 
 
 
 
 
 
 
 
 
 rfspect of prosecution, maintenance. 
 
 
 
 
 
 
 
 
 transport, or punishment of oflenders 
 
 , , 
 
 , , 
 
 , , 
 
 5 
 
 2 
 
 6 
 
 128 
 
 sums payable to treasurer of the county . 
 
 
 , , 
 
 , , 
 
 5 
 
 2 
 
 7 
 
 128 
 
 expenses incidental to division of borough 
 
 
 
 
 
 
 
 
 into wards or .alteration of wards, in- 
 
 
 
 
 
 
 
 
 cluding remuneration to commissioner 
 
 
 ■ • 
 
 • • 
 
 5 
 
 2 
 
 8 
 
 128 
 
 
 
 
 
 
 
 
 
 of taxes in respect of making copies of 
 
 
 
 
 
 
 
 
 assessments as the council think 
 
 
 
 
 
 
 
 
 reasonable ...... 
 
 • • 
 
 
 
 6 
 
 2 
 
 9 
 
 128 
 
 expenses relating to charter of incorpora- 
 
 
 
 
 
 
 
 
 tion, &c 
 
 , , 
 
 , . 
 
 , , 
 
 5 
 
 2 
 
 10 
 
 128 
 
 charged on borough fund by 
 
 
 
 
 
 
 
 
 any Act of 1 arliament, &c. 
 
 , , 
 
 , , 
 
 « • 
 
 5 
 
 2 
 
 11 
 
 128 
 
 not in this Act otherwise 
 
 
 
 1 
 
 
 
 
 
 provided for necessarily incurred in 
 
 
 
 1 
 
 I 
 
 
 
 
 
 carrj'ing Act into eflfect 
 
 • • 
 
 
 1 
 
 5 
 
 2 
 
 12 
 
 128
 
 GENERAL INDEX. 
 
 317 
 
 BOROUGH JUSTICES : 
 
 mayor and last mayor to be . 
 
 qualification of .... . 
 
 must make required oaths, excejDt as to 
 estate qualification . . . . 
 
 must reside in or within seven miles of 
 borough or occupy house, &c., in 
 borou-h ...... 
 
 need not he a burg-ess or have such 
 estate qualification as requii-ed for 
 county justices .... 
 
 jurisdiction of . . . . 
 
 not to act as justices at any court of gaol 
 delivery or quarter sessions, or in 
 making or levying any county or 
 borough rate .... 
 
 as to variation of power of recorder and 
 to appoint lunatic asylum visitors 
 
 not to be disabled fi-om acting in execu 
 tiou of Act by reason of being liable to 
 borough rate ..... 
 
 BOROUGH RATE : 
 
 expenses of election on certificate of 
 Treasur\ to be paid out of . 
 
 if borough fund insufficient, a borough 
 rate to be assessed .... 
 
 how to be assessed ..... 
 
 estimation of value in assessing to 
 
 council may cause independent valuation 
 to be made ...... 
 
 mode of ascertaining value of property . 
 
 overseers by warrant of council may 
 enter on land chargeable to, to ascer- 
 tam value ... ... 
 
 appeal against by overseers . 
 
 recorder or court, to hear appeal . 
 
 expenses of appeal, how to be paid . 
 
 as to collection of, in a divided parish . 
 in an undivided parisli 
 
 if party neglects to pay, amount may be 
 levied by distress .... 
 
 BORROWING POWERS : 
 
 general, a table of reference to 
 
 BOUNDARIES: 
 
 as to, of boroughs ..... 
 
 adjustment between boroughs and 
 
 counties on change of . . . 
 
 BRIBERY : 
 
 interpretation of term .... 
 when general bribery avoids an election 
 costs tipon indictment for .... 
 clerk of peace to indict for 
 
 Sec. 
 
 BRIDGES, BOROUGH {See 
 Biidges). 
 
 Borough 
 
 155 
 157 
 
 157 
 157 
 
 157 
 
 158 
 
 158 
 
 158 
 
 101 
 
 144 
 144 
 144 
 
 144 
 144 
 
 144 
 144 
 144 
 144 
 14G 
 145 
 
 146 
 
 228 
 229 
 
 77 
 81 
 84 
 84 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1 
 1 
 
 2 
 3 
 
 1 
 
 1-2 
 
 3-4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 1 
 
 1-3 
 
 1 
 
 1-5 
 
 Page. 
 
 139 
 140 
 
 141 
 
 141 
 
 141 
 141 
 
 141 
 141 
 
 142 
 
 101 
 
 130 
 
 130 1 
 
 131 
 
 131 
 131 
 
 131 
 
 131-2 
 132 
 132 
 133 
 
 132-3 
 
 133 
 
 104 
 
 186-7 
 187 
 
 83 
 
 86 
 87 
 87
 
 318 
 
 THE EXGLISII MUNICIPAL CODE. 
 
 
 Sue. 
 
 Sui)>rr. 
 
 i'llVll. 
 
 Sci,.-.!. 
 
 1 i'art. 
 
 Para. 
 
 Page. 
 
 BRISTOL : 
 
 
 
 
 
 
 
 county of, to be considered as adjoining 
 
 Y 
 5 
 
 
 
 
 
 
 
 Glouceatorshire for purposes of crimina 
 
 1 
 
 
 
 
 
 
 
 trials 
 
 188 
 
 2 
 
 
 G 
 
 
 • • 
 
 160 
 
 BUILDING : 
 
 
 
 
 ■ 
 
 
 
 
 interpretation of term . 
 
 . 31 
 
 
 a 
 
 1 •■ 
 
 
 
 48 
 
 BURGESS : 
 
 
 
 
 
 
 
 
 interpretation of term . 
 
 7 
 
 1 
 
 
 
 
 
 25 
 
 qu;ilifi(':iti<in of ... . 
 
 9 
 
 1 
 
 . . 
 
 
 
 
 27 
 
 dis({u;ilitk'atioii of . 
 
 9 
 
 2 
 
 . , 
 
 
 
 
 28 
 
 to be of full aj-e .... 
 
 9 
 
 2 
 
 a 
 
 
 
 
 28 
 
 as to, occujjying premises 
 
 9 
 
 2 
 
 b 
 
 
 
 
 28 
 
 occupation by . 
 
 9 
 
 2 
 
 c 
 
 
 
 
 28 
 
 rating; by ... . 
 
 9 
 
 2 
 
 d 
 
 
 
 
 28 
 
 payment of rates by 
 
 9 
 
 2 
 
 e 
 
 
 
 
 28 
 
 £10 occupiers .... 
 
 
 . . 
 
 
 
 ■ ' 
 
 
 28 
 
 not to be an alien .... 
 
 9 
 
 3 
 
 a 
 
 
 
 
 28 
 
 have received parochial relief 
 
 9 
 
 3 
 
 b 
 
 
 
 
 28 
 
 not disentitled under any Act of Par 
 
 
 
 
 
 
 
 
 liament ..... 
 
 9 
 
 3 
 
 c 
 
 
 
 
 28 
 
 as to succession to qualifying property by 
 
 33 
 
 1 
 
 . . 
 
 
 
 
 49 
 
 qualifying property of, need not be 
 
 
 
 
 
 
 
 
 throughout the twelve months consti 
 
 
 
 
 
 
 
 
 tutiiig the period of qualification the 
 
 
 
 
 
 
 
 
 same property, or in the same parish 
 
 33 
 
 2 
 
 , , 
 
 , , 
 
 , • 
 
 , , 
 
 49 
 
 not disqualified by receipt of medical oi 
 
 
 
 
 
 
 
 
 surgical assistance from trustees o: 
 
 
 
 
 
 
 
 
 charities or poor's rate— or by chilo 
 
 
 
 
 
 
 
 
 being admitted and taught in any 
 
 
 
 
 
 
 
 
 public or endowed school . 
 
 33 
 
 4 
 
 a-h 
 
 , , 
 
 • • 
 
 • • 
 
 50 
 
 not to be enrolled in more than one war( 
 
 
 
 
 
 
 
 
 roll 
 
 45 
 
 6 
 
 , , 
 
 
 , , 
 
 , , 
 
 61 
 
 if enrolled in the burgess roll to be deemec 
 
 
 
 
 
 
 
 
 to be enrolled as . . . 
 
 45 
 
 8 
 
 , , 
 
 
 , , 
 
 , , 
 
 61 
 
 no stamp duty for enrolment of 
 
 45 
 
 9 
 
 , , 
 
 , , 
 
 
 . . 
 
 62 
 
 where pariah burt/css list revised under thii 
 
 
 
 
 
 
 
 
 Act, a person whose claim has been re 
 
 
 
 
 
 
 
 
 jected or name expunged may apply foi 
 
 
 
 
 
 
 
 
 a mandamus .... 
 
 47 
 
 2 
 
 . . 
 
 , , 
 
 • • 
 
 • • 
 
 62-3 
 
 iy mandamus granted, mayor to insert the 
 
 
 
 
 
 
 
 
 name in the burgess roll, and to add " bi) 
 
 t 
 
 
 
 
 
 
 
 order of Her Majesty'' s High Court oj 
 
 r 
 
 
 
 
 
 
 
 Justice "..... 
 
 47 
 
 3 
 
 • • 
 
 , , 
 
 • • 
 
 , , 
 
 63 
 
 entitled to sign or subscribe a nomina 
 
 
 
 
 
 
 
 
 tion jjaper ...... 
 
 51 
 
 1 
 
 . . 
 
 , , 
 
 • , 
 
 , . 
 
 64-5 
 
 to vote . . . . . 
 
 51 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 64-5 
 
 not to vote in more than one -ward 
 
 1 51 
 
 9, 
 
 , . 
 
 
 , , 
 
 ■ • 
 
 65 
 
 may vole for full number of vacancies . 
 
 68 
 
 2 
 
 . , 
 
 , , 
 
 , , 
 
 , , 
 
 73 
 
 two burgesses at an el;clion of coun- 
 
 
 
 
 
 
 
 
 cillors may require returning officer tc 
 
 ) 
 
 
 
 
 
 
 
 put questions to a burgess before voting 
 
 - 59 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 73-4 
 
 notice to be given by two burgesses o: 
 
 ' 
 
 
 
 
 
 
 
 casual vacancies in office of councillor 
 
 > 
 
 
 
 
 
 
 
 auditor or assessor 
 
 66 
 
 1 
 
 , , 
 
 ^ ^ 
 
 , ^ 
 
 , , 
 
 77-8 
 
 not to be retained or employed for paymen 
 
 / 
 
 
 
 
 
 
 
 or reward on behalf of a candidate at c 
 
 t 
 
 
 
 
 
 
 
 municipal election as canvasser 
 
 . 82 
 
 1 
 
 
 
 
 
 86
 
 GEXERAL INDEX. 
 
 319 
 
 BJ]'RG¥.^^— continued. 
 
 penalty for being so employed , . 
 
 not to vote if retained^ if he does to be liable 
 to penalty ...... 
 
 votes of, -when guilty of corrupt prac- 
 tices to be struck off on a scrutiny 
 
 who has voted at an election not to be 
 questioned as to for whom he has voted 
 
 liability of, to serve on juries in 
 boroughs having separate court of 
 quarter sessions or borough civil court 
 
 as to rights of nomination ot councillors 
 by ....... 
 
 BUilGESS LISTS [See also Revision) : 
 
 how made out where the whole or part 
 of thti area of a borough is co-exten- 
 sive with or included in parliamen- 
 tary borough . • . 
 to be styled parish burgess lists . . 
 form of . 
 
 Sec. Subsec, 
 
 BTJEGESS EOLL (&e above) 
 
 not liable to be questioned by reason of 
 defect in title of mayor or an> revising 
 authority by whom revised if then in 
 actual exercise of the office. 
 
 to be prepared by town clerk . 
 
 completed on or before the 20th 
 October, and to come into operation 
 on the 1st of November, and continue 
 in operation for twelve months . 
 
 names in, to be numbered consecutively 
 
 where borough has no wards, to be made 
 in one general roll .... 
 has wards, to be made in 
 separate rolls, one for each waid con- 
 taining names of the persons entitled 
 to vote in that ward, the ward rolls 
 collectively to constitute the 
 
 a burgess not to be enrolled in more 
 than one ward roll .... 
 
 where a duplicate of a burgess list made 
 under sect. 31 of Parliamentary and 
 Municipal Registration Act, 1878, it 
 is to ha^'C the same effect as original, 
 and may be delivered instead thereof . 
 
 every person enrolled in, to be deemed to 
 be enrolled as a burgess, and every 
 person not enrolled to be deemed not 
 enrolled as a burgess . . . . 
 
 no stamp duty in respect of enrolment . 
 
 to be arranged as council shall direct 
 in alphabetical order 
 printed by town clerk, and copies 
 delivered to any person on payment . 
 
 as to preparation of non-residents' list at 
 end of ...... 
 
 how, if not made in due time. 
 
 82 
 
 82 
 
 104 
 
 186 
 
 44 
 44 
 
 42 
 
 45 
 
 45 
 
 45 
 
 45 
 
 45 
 
 45 
 
 45 
 
 Para. 
 
 45 
 
 8 
 
 46 
 
 9 
 
 46 
 
 1 
 
 46 
 
 2 
 
 48 
 
 1 
 
 49 
 
 1-3 
 
 71 
 
 2 
 
 Sched. Part. 
 
 Para. 
 
 Page. 
 
 86 
 86 
 
 87 
 102 
 
 157 
 66-7 
 
 57 
 
 60 
 
 20.3 
 
 56 
 
 60 
 
 60 
 61 
 
 61 
 
 61 
 61 
 
 61 
 
 61 
 
 62 
 62 
 62 
 
 63 
 
 64 
 79
 
 320 
 
 THE ENGLISH. MUXICIPAl CODE. 
 
 
 Sec. 
 
 Subscc. 
 
 Para. 
 
 Sched. 
 
 Pait. 
 
 Para. 
 
 Page. 
 
 BUSINESS : 
 
 
 
 
 
 
 
 
 place of, is not " abode "... 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 29 
 
 BYE-LA\ys : 
 
 
 
 
 
 
 
 
 council may make bye-laws for the good 
 
 
 
 
 
 
 
 
 rule and government of borough and 
 
 
 
 
 
 
 
 
 the prevention and suppression of 
 
 
 
 
 
 
 1 
 
 
 nuisances ...... 
 
 23 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 42 
 
 amount of fine for contravention of 
 
 23 
 
 1 
 
 • • • • 
 
 • • 
 
 • • 
 
 42 
 
 not to be made unless two-thirds of 
 
 
 
 
 
 
 
 
 council present 
 
 23 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 42 
 
 not to come iuto force until after forty 
 
 
 
 
 
 
 
 
 days after c py affixed on town hall . 
 
 23 
 
 3 
 
 • • • • 
 
 • * 
 
 • • 
 
 42 
 
 not to c ime iuto force until forty days 
 
 
 
 
 
 
 
 after sealed copy is sent to Secretary of 
 
 
 
 
 
 
 
 State 
 
 23 
 
 4 
 
 • • • • 
 
 • • 
 
 • • 
 
 42-3 
 
 may be disallowed by the Crown . 
 
 23 
 
 4 
 
 • • 
 
 • « 
 
 • • 
 
 • • 
 
 42-3 
 
 ofl'euces against, may be prosecuted sum- 
 
 
 
 
 
 
 
 
 marily ...... 
 
 23 
 
 5 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 43 
 
 evidence of 
 
 24 
 
 ■ • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 43 
 
 judicial interpretation of scope and effect 
 
 
 
 
 
 
 
 
 of 
 
 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 i 
 
 43 
 
 CAMBRIDGE, UNIVERSITY OF : 
 
 
 
 
 
 
 
 
 nothing in Act to etlect rights and 
 
 
 
 
 
 
 
 
 privileges of .... . 
 
 257 
 
 1 
 
 1 
 
 il 
 
 • • 
 
 . . 
 
 i97-8 
 
 vice-chancellor n.ay be a justice of peace 
 
 
 
 1 
 
 
 
 
 for borough ..... 
 
 249 
 
 1 
 
 
 1 • • 
 
 • • 
 
 • • 
 
 195 
 
 not to have greater 
 
 
 
 
 1 
 
 
 
 
 authority as to grant of licences to 
 
 
 
 
 
 
 
 
 alehouses than any other justice . 
 
 249 
 
 2 
 
 
 , , 
 
 • * 
 
 . . 
 
 195 
 
 nothing to affect his rights and privi- 
 
 
 
 
 
 
 
 
 leges ....... 
 
 249 
 
 3 
 
 
 
 • • 
 
 • • 
 
 195 
 
 CANDIDATE :* 
 
 
 
 
 
 
 
 
 meant uff of term ..... 
 
 77 
 
 
 
 (See also Amjeadix.'i 
 
 83 
 
 disqualijicalion and penalties and for. 
 
 
 
 
 
 A A. 
 
 
 
 feiturcH of, guillij of corrupt practices . 
 
 78 
 
 • • 
 
 
 
 
 . . 
 
 84 
 
 consequences to, if found hy election court 
 
 
 
 
 
 
 
 
 guilty of corrupt practices 
 
 79 
 
 I 
 
 ^-/ 
 
 • • 
 
 
 . * 
 
 84-5 
 
 how, if found guilty on indictment or 
 
 
 
 
 
 
 
 
 action. ...... 
 
 79 
 
 2 
 
 
 • • 
 
 
 . . 
 
 85 
 
 consequ nces to, tf found by election court 
 
 
 
 
 
 
 
 
 that he has by an agent been guilty of 
 
 
 
 J 
 
 
 
 
 corrupt practices .... 
 
 80 
 
 • • 
 
 1 
 1 
 
 
 . . 
 
 85-6 
 
 not to retain »r employ for reward a burgess 
 
 
 
 
 
 
 
 
 as canvasser ..... 
 
 82 
 
 1 
 
 
 • • 
 
 
 . . 
 
 86 
 
 penalty for so retaining .... 
 
 82 
 
 2 
 
 « • 
 
 • • 
 
 
 . * 
 
 86 
 
 paying or agreeing to pay money on 
 
 
 
 
 
 
 
 
 account of conveyance of voter to or 
 
 
 
 
 
 
 
 
 fiom poll, guilty of an offence against 
 
 
 
 1 
 
 
 
 
 act, fine 
 
 83 
 
 • • 
 
 . . 
 
 • • 
 
 
 • • 
 
 86 
 
 twa or more may be made respondents in 
 
 
 
 
 
 
 
 
 a petition 
 
 91 
 
 3 
 
 • • 
 
 • • 
 
 
 • • 
 
 91 
 
 ( 
 
 • See Municipal Eleciious (.Corrupt and Illegal Praoticei) Act, 1S81, at pages 2j5 to 27o.
 
 GENERAL INDEX. 
 
 321 
 
 
 1 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 CANDID ATE— cow tinued. 
 
 acts of, valid though election afterwards 
 invalidated ...... 
 
 how to be nominated .... 
 
 nomination paper, how to be filled up 
 
 when to be delivered .... 
 
 may attend himself or agent may attend 
 before mayor 
 
 if abroad, to give consent within a cer- 
 tain time ...... 
 
 may withdraw if more nominated than 
 required ...... 
 
 CANVASSER {See Agent) : 
 
 meaning of term ..... 
 burgesses must not be employed as paid 
 
 CASES QUOTED : 
 
 list of 
 
 CASTING VOTE: 
 
 in council ...... 
 
 at election of councillors. 
 
 aldermen or mayor, chair- 
 man may give, whether or not he have 
 
 an original vote 
 
 an outgoing alderman elected chairman, 
 and presiding afterwards at election of 
 alderman, may give .... 
 
 CASUAL VACANCY : 
 election to fiU, as to 
 as to when more than one 
 non-acceptance of office creates 
 in the office of councillor or elective 
 auditor, within what time to be filled 
 
 up 
 
 as to, in office of mayor .... 
 where a candidate unseated, and no 
 other declared duly elected . 
 
 CATHEDRALS : 
 
 saving in Act as to jurisdiction over pre- 
 cincts or close of 
 
 CERTIFICATE OF BARRISTER : 
 
 barrister to certify result of trial of 
 petition 
 
 to be final ...... 
 
 copy of, upon the trial of a petition to be 
 sent to Secretary of State . 
 
 to be sent by High Court to the 
 town clerk ...... 
 
 as to costs ...... 
 
 CERTIORARI : 
 
 no conviction, order, &c., under Act to 
 be removed by (except as under) . 
 
 orders of council for payment of money 
 out of borough fund may be removed by 
 
 102 
 
 • • 
 
 • • 
 
 77 
 82 
 
 • • 
 
 • • 
 
 58 
 
 /60 
 I 01 
 
 60 
 
 40 
 40 
 40 
 
 06 
 G6 
 
 103 
 
 258 
 
 93 
 93 
 
 93 
 
 93 
 98 
 
 220 
 141 
 
 • • 
 
 • • 
 
 • • 
 
 i 
 
 • • 
 
 • • 
 
 5 
 
 6 
 
 4 
 
 6 
 
 1 
 2 
 3 
 
 1 
 2 
 
 • • 
 • • 
 
 4 
 4 
 
 12 
 
 13 
 1-3 
 
 • • 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 3 
 3 
 3 
 
 3 
 
 3 
 
 3 
 
 • • 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 « • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 2 
 
 2 
 2 
 
 2 
 
 2 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 1-4 
 5-6 
 
 7 
 
 12 
 16 
 17 
 
 • • 
 
 • • 
 
 • • 
 
 11 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 101-2 
 
 66-7 
 
 67 
 
 67 
 
 68 
 
 69 
 
 69 
 
 83 
 86 
 
 305-6 
 
 40 
 73 
 
 f 75 
 ( 76 
 
 75 
 
 54 
 
 54-5 
 
 65 
 
 77-8 
 78 
 
 102 
 
 198 
 
 92 
 92 
 
 94 
 
 94 
 98-9 
 
 180 
 129 
 
 21
 
 322 
 
 THE EXGLISH MUXICIFAL CODE. 
 
 
 Soc. 
 
 Subsec. 
 
 Para. 
 
 Scbed. 
 
 Part. 
 
 Para. 
 
 ! Page. 
 
 CERTIFICATE OF INDEMNITY : 
 
 
 
 
 
 
 
 
 to be given to witness who aiistvers questions 
 
 
 
 
 
 
 
 
 i)icriminatin<i himself .... 
 
 9t 
 
 5 
 
 , , 
 
 
 • • 
 
 
 94 
 
 expenses of witnesses under . 
 
 94 
 
 9 
 
 
 •• 
 
 •• 
 
 •• 
 
 95 
 
 CERTIFICATE OF TREASURY: 
 
 
 
 
 1 
 
 
 
 
 necessary for payment of election ex- 
 
 
 
 
 ' 
 
 
 
 
 penses out of borough fund or rate 
 
 101 
 
 1 
 
 •• 
 
 •• 
 
 •• 
 
 
 101 
 
 CHAIRMAN, THE (&^ also Mayor— Casting 
 
 
 
 
 
 
 
 
 Vote — Council ice.) : 
 
 
 
 
 
 
 
 
 at election of mayor, may give casting- 
 
 
 
 
 
 
 
 
 vote ....... 
 
 61 
 
 4 
 
 . . 
 
 , , 
 
 • • 
 
 • • 
 
 76 
 
 his duties at election of aldermen . 
 
 60 
 
 5-7 
 
 
 •• 
 
 •• 
 
 ■ • 
 
 75 
 
 CHAPEL (See also Church) : 
 
 
 
 
 
 
 
 
 municipal election not to be held in a . 
 
 69 
 
 •■ 
 
 • • 
 
 
 •• 
 
 •• 
 
 78 
 
 CHARITABLE TRUSTS : 
 
 
 
 
 
 
 
 
 provisions as to . . . 
 
 133 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 • • 
 
 122-3 
 
 who may be trustees of . . , 
 
 134-5 
 
 •• 
 
 ' • 
 
 •• 
 
 • • 
 
 •• 
 
 123-4 
 
 CHARTER, NEW: 
 
 
 
 
 
 
 
 
 as to grant of, to borough 
 
 210 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 172 
 
 power to Crown in granting, to boroughs 
 
 
 
 
 
 
 
 
 to extend to it the provisions of 
 
 
 
 
 
 
 
 
 Municipal Corporations Acts 
 
 210 
 
 • • 
 
 » a 
 
 , , 
 
 • • 
 
 , , 
 
 172 
 
 petition for, must be notifiud to county 
 
 
 
 
 
 
 
 
 council and Local Government Board 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 • t 
 
 172 
 
 petition for, to be referred to committee 
 
 
 
 
 
 
 
 
 of Privy Council .... 
 
 •211 
 
 1 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 173 
 
 notice of petition of, to be published 
 
 211 
 
 2 
 
 
 
 • • 
 
 
 173-4 
 
 power by, to fix number of councillors 
 
 
 
 
 
 
 
 
 and wards, times for retirement of 
 
 
 
 
 
 
 
 
 aldermen and councillors, and other- 
 
 
 
 
 
 
 
 
 wise to adapt I\lunicipal Corporation 
 
 
 
 
 
 
 
 
 Acts to first constitution of new 
 
 
 
 
 
 
 
 
 borough ..... 
 
 212 
 
 1 
 
 a~c 
 
 , , 
 
 , , 
 
 , , 
 
 174 
 
 scheme for continuance or abolition of 
 
 
 
 
 
 
 
 
 and adjustment of rights of existing 
 
 
 
 
 
 
 
 
 local authorities and officers 
 
 213 
 
 1 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 171-5 
 
 PkOCKEDINGS for SCllEME ON GRANT OK 
 
 2U 
 
 3 
 
 • • 
 
 7 
 
 • • 
 
 1-9 
 
 177 
 
 committee of council may require draft 
 
 
 
 
 
 
 
 
 scheme to be suhmittod with petition 
 
 , , 
 
 , , 
 
 , , 
 
 7 
 
 , , 
 
 1 
 
 177 
 
 validity of, not to be questioned in any 
 
 
 
 
 
 
 
 
 legal proceeding .... 
 
 216 
 
 1 
 
 • • 
 
 • • 
 
 
 • • 
 
 178 
 
 to bo laid before Houses of Parliament 
 
 
 
 
 
 
 
 
 within one month after grant . 
 
 216 
 
 2 
 
 . • 
 
 . • 
 
 . . 
 
 
 173 
 
 wliere granted to a borough v. ithin seven 
 
 
 
 
 
 
 
 
 years prior to August 1 4th, 187 7, power 
 
 
 
 
 
 
 
 
 of committee of council to settle scheme 
 
 217 
 
 
 . . 
 
 
 
 
 173 
 
 where granted before this, passing of this 
 
 
 
 
 
 
 
 
 Act not to be prejudicially afl'ected 
 
 
 
 
 
 
 
 
 thereby 
 
 250 
 
 . . 
 
 1 1 
 
 
 • « 
 
 . • 
 
 195-6 
 
 draft to be published by advertisement or 
 
 
 
 
 
 
 
 
 otherwise ...... 
 
 . . 
 
 . . 
 
 • • 
 
 7 
 
 • • 
 
 2 
 
 177 
 
 committee shall consider local objections 
 
 , , 
 
 , , 
 
 
 7 
 
 . . 
 
 3 
 
 177 
 
 scheme when settled to be published in 
 
 
 
 
 
 
 
 
 London Gazette and otherwise 
 
 • • 
 
 • • 
 
 • • 
 
 7 
 
 • t 
 
 4 
 
 177
 
 OEXERAL INDEX. 
 
 323 
 
 CHAETER, T^'EW— continued. 
 
 committee may introduce a public bill for 
 confirmation of scheme by Parliament 
 
 before Bill is introduced, committee may 
 alter scheme at discretion . 
 
 if while Bill is pending a petition is pre- 
 sented against, Bill may be referred to 
 a select committee, &c. 
 
 ■when scheme is to come into operation , 
 
 confirmation of scheme to be conclusive 
 evidence that all requirements of Act 
 have been observed, &c. 
 
 CHESTER : 
 
 county of, to be considered as joining 
 Cheshire for the purpose of criminal 
 trials ...... 
 
 CHRISTMAS DAY : 
 
 not to be computed where number of days 
 fixed, anything appointed to be done 
 falling on that day, next day to be 
 the one for executing same 
 
 CHURCH [See Chapel) : 
 
 municipal election not to be held in. a . 
 
 CINQUE PORTS : 
 
 special provisions as to, boroughs of 
 Hastings, Sandwich, Dover, Hythe, 
 and Eye ...... 
 
 effects to, following on revocation of 
 grant of quarter sessions . 
 
 this Act not to affect Cinque PortsAct,1869 
 
 nothing in Act to affect jurisdiction of 
 Lord Warden of .... 
 
 districts comprised within those, named 
 in this Act ..... 
 
 CITIES : 
 
 list of under Act ..... 
 
 Seo. 
 
 1S8 
 
 230 
 69 
 
 218 
 
 24J( 
 256 
 
 Subseo. Para, 
 
 CITIZEN : 
 
 meaning of term . 
 when same to be used . 
 
 CITY: 
 
 when term is to be used 
 
 CLAIMANTS, LIST OF : 
 form of . 
 
 CLAIM. NOTICE OF : 
 form of . 
 
 1 &c. 
 
 Sched. 
 
 7 
 
 7 
 
 Part. 
 
 Para. 
 
 5 
 6 
 
 CLERGYMEN : 
 
 disqualified from being councillors 
 
 CLERK OF THE PEACE : 
 
 to prosecute for bribery, undue influence or 
 personation, if so directed by election court 
 
 12 
 
 84 
 
 F 
 D 
 
 Page. 
 
 177 
 177 
 
 177 
 177 
 
 177 
 
 150 
 
 IS7-S 
 78 
 
 193-5 
 
 193 
 195 
 
 197-8 
 
 19t 
 
 238 
 
 25 
 27 
 
 27 
 
 204 
 
 204 
 
 31-2 
 
 87
 
 324 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subsec. Para. 
 
 1 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 t 
 
 CLERK OF THE VY^XC^-continued. 
 
 
 
 
 i 
 
 
 
 
 appointment of .... • 
 
 164 
 
 1 
 
 , , 
 
 , , 
 
 • • 
 
 . • 
 
 145 
 
 to hold office during good behaviour 
 
 164 
 
 2 
 
 • , 
 
 , , 
 
 . , 
 
 . . 
 
 145 
 
 may appoint deputy .... 
 
 164 
 
 3 
 
 • • 
 
 
 
 
 145 
 
 to signify appointment of deputy to 
 
 
 
 
 
 
 
 
 council ...... 
 
 164 
 
 4 
 
 • • 
 
 . . 
 
 . . 
 
 , . 
 
 146 
 
 fees of, if paid by 
 
 164 
 
 5 
 
 
 • • 
 
 . . 
 
 146 
 
 to appoint an assistant, where second 
 
 
 
 
 
 
 , 
 
 
 court of quarter sessions formed 
 
 168 
 
 5 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 149 
 
 remuneration of assistant 
 
 168 
 
 8 
 
 , , 
 
 . , 
 
 4 
 
 2 
 
 150 
 
 to give public notice of time and place of 
 
 
 
 
 
 
 
 
 holding quarter sessions, and to sum- 
 
 
 
 
 
 
 
 
 mon juries 
 
 186 
 
 2 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 153 
 
 to make out lists of persons summoned on 
 
 
 
 
 
 
 
 
 juries ...... 
 
 18G 
 
 5 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 158 
 
 duties of, as to fines and forfeitures 
 
 222 
 
 • • 
 
 
 • • 
 
 •• 
 
 • • 
 
 181 
 
 CLERK TO BOROUGH JUSTICES : 
 
 
 
 
 
 
 
 
 appointment of . . . . . 
 
 159 
 
 1 
 
 • • 
 
 , , 
 
 • • 
 
 . , 
 
 142 
 
 not to be an alderman or councillor of 
 
 
 
 
 
 
 
 
 borough, or clerk of the peace of 
 
 
 
 
 
 
 
 
 borough or county where borough is 
 
 
 
 
 
 
 
 
 situate or where clerk's partner is 
 
 159 
 
 2 
 
 • • 
 
 . . 
 
 , , 
 
 . , 
 
 142 
 
 not to be bj' himself or partner interested 
 
 
 
 
 
 
 
 
 in prosecution of any offender com- 
 
 
 
 
 
 
 
 
 mitted for trial by justices at any court 
 
 
 
 
 
 
 
 
 of gaol delivery or quarter sessions . 
 
 159 
 
 3 
 
 , , 
 
 . . 
 
 , , 
 
 . a 
 
 142 
 
 penalty on, for acting in contravention of 
 
 
 
 
 
 
 
 
 section ...... 
 
 159 
 
 4 
 
 , , 
 
 , , 
 
 . , 
 
 , , 
 
 142 
 
 proviso as to reappointment of, in office 
 
 
 
 
 
 
 
 
 on 6th August, 1861 . 
 
 159 
 
 6 
 
 •• 
 
 • • 
 
 •• 
 
 •• 
 
 142 
 
 COLLECTOR OF RATES: 
 
 
 
 
 
 
 
 
 must attend revision court 
 
 ^ ^ 
 
 , , 
 
 • » 
 
 3 
 
 1 
 
 20 
 
 60 
 
 may be examined on oath 
 
 •• 
 
 • ■ 
 
 • • 
 
 3 
 
 1 
 
 22 
 
 60 
 
 COMMISSION OF THE REACE : 
 
 
 
 
 
 
 
 
 Queen, on petition of council of borough. 
 
 
 
 
 
 
 
 
 may grant a separate .... 
 
 156 
 
 . • 
 
 , , 
 
 . . 
 
 , , 
 
 • • 
 
 140 
 
 m:.y be revoked by letters patent . 
 
 •• 
 
 • • 
 
 • • 
 
 •• 
 
 •• 
 
 •• 
 
 UO 
 
 COMMITTEE OF PRIVY COUNCIL : 
 
 
 
 
 
 
 
 
 to settle scheme for continuance or aboli- 
 
 
 
 
 
 
 
 
 tion of and adjustment of rights of 
 
 
 
 
 
 
 
 
 existing local authorities and affairs 
 
 
 
 
 
 
 
 
 under new charter .... 
 
 213 
 
 1 
 
 
 
 
 
 174-5 
 
 to dc:il with petition for new charter and 
 
 
 
 
 
 
 
 
 matters thereon 
 
 210-8 
 
 • • 
 
 • • 
 
 
 
 
 172 
 
 COMMITTERS OF TO^VN COUNCIL : 
 
 
 
 
 
 
 
 
 may be appointed for certain purposes . 
 
 22 
 
 o 
 
 • • 
 
 
 
 
 40 
 
 a mrmbor of the council not to vote or 
 
 
 
 
 
 
 
 
 take part in if interested . 
 
 22 
 
 3 
 
 « • 
 
 
 
 
 41 
 
 vacnncy in constitution of not to invali- 
 
 
 
 
 
 
 
 
 date acts 
 
 22 
 
 4 
 
 ^ ^ 
 
 
 
 
 41 
 
 minute of proceedings of, to be taken as 
 
 
 
 
 
 
 
 
 evidence ..... 
 
 22 
 
 5 
 
 
 
 
 
 41 
 
 to be deemed to bo properly constituted 
 
 
 
 
 
 
 
 
 until contrary proved 
 
 22 
 
 6 
 
 
 
 
 
 42 
 
 watch committee to comprise one-third 
 
 
 
 
 
 
 
 
 of council 
 
 190 
 
 1 
 
 - 
 
 
 
 
 161
 
 GENERAL INDEX. 
 
 325 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 COMMON LANDS: 
 
 
 
 
 
 
 
 
 right in, &c., preserved to freemen, their 
 
 
 
 
 
 
 
 
 wives and children .... 
 
 205 
 
 2 
 
 a . 
 
 •• 
 
 • • 
 
 •• 
 
 1C9 
 
 COMMON LAW PROCEDURE ACT, 1850 : 
 
 
 
 
 
 
 
 
 provisions for affirmations in place of 
 
 
 
 
 
 
 
 
 oaths 
 
 • • 
 
 • • 
 
 • • 
 
 • t 
 
 •• 
 
 •• 
 
 51 
 
 COMMON SEAL {See Corporate Seal- 
 
 
 
 
 
 
 
 
 Seals) : 
 
 
 
 
 
 
 
 
 agreement for consolidation of borough 
 
 
 
 
 
 
 
 
 •with county police, and notice to ter- 
 
 
 
 
 
 
 
 
 minate same to be under . 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 ^ ^ 
 
 , , 
 
 215 
 
 direction to Bank of England for trans- 
 
 
 
 
 
 
 
 
 fer of annuities to be under 
 
 113 
 
 6 
 
 , , 
 
 , , 
 
 ^ ^ 
 
 . • 
 
 10£ 
 
 warrant to enter on and view land 
 
 
 
 
 
 
 
 
 chargeable to borough rate must be 
 
 
 
 
 
 
 
 
 under , . . ^ . . 
 
 144 
 
 8 
 
 , , 
 
 , , 
 
 ^ ^ 
 
 , . 
 
 13? 
 
 levy for distress for borough rate must 
 
 
 
 
 
 
 
 
 be under ...... 
 
 145 
 
 3 
 
 , , 
 
 , , 
 
 • • 
 
 , , 
 
 13? 
 
 a* to forgery of 
 
 235 
 
 ft • 
 
 •• 
 
 
 •• 
 
 •• 
 
 190 
 
 COMPENSATION MONEY : 
 
 
 
 
 
 
 
 
 how to be dealt with .... 
 
 114 
 
 1-1 
 
 •• 
 
 •• 
 
 •• 
 
 •• 
 
 109-10 
 
 COMPOUNDING WITH CREDITORS : 
 
 
 
 
 
 
 
 
 disqualification by .... 
 
 39 
 
 1 
 
 a 
 
 •• 
 
 •• 
 
 •• 
 
 52-3 
 
 CONSTABLES {See Borough Constables). 
 
 
 
 
 
 
 
 
 CONSTRUCTION OF WORDS : 
 
 
 
 
 
 
 
 
 as to 
 
 7 
 
 2-3 
 
 • . 
 
 •• 
 
 • • 
 
 •• 
 
 26 
 
 CONTEMPT OF COURT: 
 
 
 
 
 
 
 
 
 by witness who upon being ordered by 
 
 
 
 
 
 
 
 
 court to attend refuses 
 
 94 
 
 2 
 
 •• 
 
 •• 
 
 •• 
 
 •• 
 
 94 
 
 CORONER : 
 
 
 
 
 
 
 
 
 appointment of, in borough having 
 
 
 
 
 
 
 
 
 separate court of quarter sessions 
 
 171 
 
 1 
 
 , , 
 
 » , 
 
 , , 
 
 • • 
 
 151 
 
 qtiare as to prohibition to be a justice . 
 
 , , 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 161 
 
 to hold office during good behaviour 
 
 171 
 
 2 
 
 • • 
 
 J , 
 
 
 , , 
 
 152 
 
 vacancy in office of, to be filled up within 
 
 
 
 
 
 
 
 
 ten days ...... 
 
 171 
 
 3 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 152 
 
 remuneration of .... . 
 
 171 
 
 4 
 
 • • 
 
 4 
 
 , , 
 
 3 
 
 152 
 
 power of, to appoint a deputy 
 
 172 
 
 1 
 
 , , 
 
 
 , , 
 
 , , 
 
 152 
 
 returns to Secretary of State by . 
 
 173 
 
 J , 
 
 , , 
 
 [See al 
 
 so App 
 
 endix.) 
 
 152 
 
 acting of county, where borough has no 
 
 
 
 
 
 
 
 
 separate court of quarter sessions 
 
 174 
 
 1 
 
 , , 
 
 • • 
 
 . , 
 
 • • 
 
 163 
 
 fees of county 
 
 174 
 
 2 
 
 •• 
 
 •• 
 
 •• 
 
 • • 
 
 153 
 
 CORONERS' ACT, 1887 : 
 
 
 
 
 
 
 
 
 abstract of ..... . 
 
 • • 
 
 • • 
 
 •• 
 
 •• 
 
 
 •• 
 
 282 
 
 CORPORATE BODY: 
 
 
 
 
 
 
 
 
 to be styled, mayor, aldermen and bur- 
 
 
 
 
 
 
 
 
 gesses (or citizens) .... 
 
 8 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 27 
 
 to act by the council .... 
 
 10 
 
 1 
 
 
 •• 
 
 •• 
 
 •• 
 
 30 
 
 CORPORATE LAND : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 • • 
 
 •• 
 
 •• 
 
 •• 
 
 25
 
 326 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 1 
 
 Sec. 
 
 Subsec' Para. 
 
 Sched. 
 
 Part. 
 
 „ 1 
 Para. 
 
 Page. 
 
 CORPORATE OFFICE : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 25 
 
 person elected to, to accept same -within 
 
 
 
 
 
 
 
 
 five (lays after notice of election, or be 
 
 
 
 
 
 
 
 
 liable to fine 
 
 34 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 60 
 
 declaration upon accepting 
 
 34 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 60 
 
 no one to act in, until declaration made 
 
 35 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 61 
 
 a person elected to, may resign on pay- 
 
 
 
 
 
 
 
 
 ment of fine ..... 
 
 36 
 
 1 
 
 • • 
 
 ■ • 
 
 « • 
 
 « • 
 
 61 
 
 affirmation instead of oath for 
 
 36 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 51 
 
 fine for acting in, -svnthout having made 
 
 
 
 
 
 
 
 
 declaration, or without being qualified 
 
 
 
 
 
 
 
 
 or after becoming disqualified 
 
 41 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 55 
 
 rf^roverable by aotion 
 
 41 
 
 1 
 
 • • 
 
 • « 
 
 • • 
 
 • • 
 
 65 
 
 not liable if actually on roll, though 
 
 
 
 
 
 
 
 
 • not entitled to be there 
 
 41 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 65 
 
 acts of a person in possession of, valid, 
 
 
 
 
 
 
 
 
 though he is disqualified . 
 
 42 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • * 
 
 65 
 
 CORPORATE OFFICERS: 
 
 
 
 
 
 
 
 
 procedure in penal actions against . 
 
 224 
 
 1-5 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 182 
 
 applications for information in nature of 
 
 
 
 
 
 
 
 
 quo warranto against persons claiming 
 
 
 
 
 
 
 
 
 to be 
 
 225 
 
 1 
 
 « • 
 
 • • 
 
 • • 
 
 • • 
 
 182 
 
 as applications for mandamus to proceed 
 
 
 
 
 
 
 1 
 
 
 to election of 
 
 225 
 
 2-6 
 
 • • 
 
 • • 
 
 • • 
 
 • 9 
 
 183 
 
 CORPORATE PROPERTY : 
 
 
 
 
 
 
 
 
 council not to apply in payment of 
 
 
 
 
 
 
 
 
 expenses of parliamentary election 
 
 124 
 
 1 
 
 • 9 
 
 • • 
 
 • • 
 
 • • 
 
 116 
 
 CORPORATE RIGHTS : 
 
 143 
 
 • • 
 
 • • 
 
 5 
 
 2 
 
 12) 
 
 128 
 
 when to be defended out of borough 
 
 1 
 
 , ^ 
 
 • • 
 
 • • 
 
 •• 
 
 129-30 
 
 fund ....... 
 
 (l49 
 
 • • 
 
 • • 
 
 
 • • 
 
 ..) 
 
 135-6 
 
 CORPORATE SEAL {See Common Seal- 
 
 
 
 
 
 
 
 
 Seals, &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 25 
 
 CORPORATE STOCK : 
 
 
 
 
 
 
 
 
 standing in books of Bank of England, 
 
 
 
 
 
 
 
 
 &c., may be transferred to any persons 
 
 
 
 
 
 
 
 
 council may appoint .... 
 
 118 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 111 
 
 as to dealing with as investments . 
 
 113 
 
 1-5 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 lOS-9 
 
 CORPORATIONS : 
 
 
 
 
 
 
 
 
 gen(;ral purport of law aflPecting 
 
 , , 
 
 • • 
 
 , , 
 
 1 • • 
 
 , , 
 
 • • 
 
 11 
 
 history of English Municipal . 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 • • 
 
 3 
 
 nature and constitution of municipal 
 
 
 • • 
 
 , J 
 
 • • 
 
 , , 
 
 • • 
 
 1 
 
 results of the Reform Act aflecting 
 
 
 • • 
 
 
 • • 
 
 , , 
 
 • • 
 
 10 
 
 powers, rights, and capacities of . 
 
 • • 
 
 • • 
 
 . . 
 
 • • 
 
 • • 
 
 • • 
 
 2 
 
 saving in Act as to existing . 
 
 250 
 
 1 
 
 •■ 
 
 « • 
 
 • • 
 
 • • 
 
 196 
 
 CORRUPT PRACTICES:* 
 
 
 
 
 
 
 
 
 nuaning of term ..... 
 
 1 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 S3 
 
 liability fur 
 
 78 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • * 
 
 84 
 
 when committed by or icith consent of 
 
 
 
 
 
 
 
 
 candidate, consequences to . . . 
 
 79 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 81-5 
 
 • See Municipal Elections (Corrupt and Illegal Practices) Act, 1831, at pages 255 to 276.
 
 GEXLILIL IXLEX. 
 
 327 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 CORRUPT VliKQTlGRS,- continued. 
 
 
 
 
 
 
 
 barrister to certifj'asto,on trying petition 
 
 93 
 
 4 
 
 . , 
 
 
 
 , , 
 
 92 
 
 namesof persons guilty of, to be inserted 
 
 
 
 
 
 
 
 
 in certificate ..... 
 
 93 
 
 5 
 
 h 
 
 
 
 
 93 
 
 a ivitness compelled to answer qt(estions 
 
 
 
 
 
 
 
 
 itivolving himself in, entitled to a cer- 
 
 
 
 
 
 
 
 
 tifcate of protection .... 
 
 94 
 
 5 
 
 
 
 •• 
 
 •• 
 
 94-5 
 
 CORRUPT PRACTICES ACT, 1863 : 
 
 
 
 
 
 
 
 
 words of section 7, of as to election com- 
 
 
 
 
 
 
 
 
 mittees, witnesses, <S:c. 
 
 .. 
 
 .. 
 
 
 
 • ■ 
 
 • • 
 
 95 
 
 CORRUPT AND ILLEGAL PRACTICES 
 
 
 
 
 
 
 
 
 (MUNICIPAL CORPORATIONS) ACT, 
 
 
 
 
 
 
 
 
 1884 
 
 
 • « 
 
 .. 
 
 • • 
 
 • • 
 
 
 255 
 
 CORRUPTION, GENERAL: 
 
 
 
 
 
 
 
 
 ichen it avoids an election 
 
 81 
 
 
 
 .. 
 
 
 
 86 
 
 COSTS : 
 
 
 
 
 
 
 
 
 of prosecutor and witnesses in prosecution 
 
 
 
 
 
 
 
 
 for bribery, undue injiutnce, or per- 
 
 
 
 
 
 
 
 
 sonation ...... 
 
 84 
 
 1 
 
 
 
 
 
 87 
 
 upon withdrawal of petition . 
 
 9J 
 
 4 
 
 
 
 
 
 9o 
 
 abatement of petition not to affect 
 
 
 
 
 
 
 
 
 liability to . 
 
 96 
 
 2 
 
 
 
 , , 
 
 
 97 
 
 of and incidental to petition . 
 
 98 
 
 1 
 
 
 
 , , 
 
 
 98 
 
 may he taxed ...... 
 
 98 
 
 2 
 
 
 
 , , 
 
 
 98-9 
 
 how recoverable ..... 
 
 98 
 
 2 
 
 
 
 , , 
 
 
 98-9 
 
 how upon refusal of petitioner to pay . 
 
 98 
 
 3 
 
 
 
 , , 
 
 
 99 
 
 of council with reference to working- 
 
 
 
 
 
 
 
 
 men's dwellings 
 
 111 
 
 5 
 
 
 
 
 ■ * 
 
 107-8 
 
 COUNCIL (TOWN): 
 
 
 
 
 
 
 
 
 to act for corporate body, and powers of. 
 
 10 
 
 1 
 
 
 
 , , 
 
 
 30 
 
 of whom to consist .... 
 
 10 
 
 2 
 
 
 
 
 
 oO 
 
 rules in Second Schedule to be observed by 
 
 22 
 
 1 
 
 
 
 
 
 38-40 
 
 may appoint committees, either general 
 
 
 
 
 
 
 
 
 or special ...... 
 
 22 
 
 2 
 
 
 
 
 
 40 
 
 acts of committees of to be submitted to 
 
 
 
 
 
 
 
 
 
 22 
 
 2 
 
 
 
 • • 
 
 
 40 
 
 member of, not to vote in a matter in 
 
 
 
 
 
 
 
 
 which he has a pecuniary interest 
 
 22 
 
 3 
 
 
 
 .. 
 
 
 41 
 
 no act of, or committee to be questioned 
 
 
 
 
 
 
 
 
 on account of any vacancy in their body 
 
 22 
 
 4 
 
 
 
 
 
 41 
 
 minute of proceedings of to be signed, 
 
 
 
 
 
 
 1 
 
 
 and how ... ... 
 
 22 
 
 5 
 
 
 
 ^ ^ 
 
 
 41-2 
 
 minutes to be received in evidence with- 
 
 
 
 
 
 
 
 
 out fiu'ther proof .... 
 
 22 
 
 5 
 
 
 
 
 
 41 2 
 
 meetings of and qualification of members 
 
 
 
 
 
 
 
 
 to be deemed regular until contrary 
 
 
 
 
 
 
 
 
 shown 
 
 22 
 
 6 
 
 
 
 
 
 42 
 
 may make bye-laws for good rules, &c., 
 
 
 
 
 
 
 
 
 and appoint fines .... 
 
 23 
 
 1 
 
 
 
 
 
 42 
 
 divide borough or wards into polling 
 
 
 
 
 
 
 
 
 districts ...... 
 
 64 
 
 
 
 
 
 
 77 
 
 contiact for the purchase of land to 
 
 
 
 
 
 
 
 
 build town hall, council house, or 
 
 
 
 
 
 
 
 
 police office 
 
 105 
 
 • • 
 
 
 
 
 
 103 
 
 borrow money with assent of 
 
 
 
 
 
 
 
 
 Local Government Board . 
 
 103 
 
 
 
 
 
 
 103 
 
 purchase land with consent of 
 
 
 
 
 
 
 
 
 Local Government Board . 
 
 107 
 
 1 
 
 
 
 
 
 10. V4 
 
 borrowing powers of ... . 
 
 
 
 
 
 
 
 104
 
 323 
 
 THE EX6LISH MUNICIPAL CODE. 
 
 COUNCIL {TOWl!J)—cou/i,ii(nf. 
 
 Lands Clauses Consolidation Act to apply 
 not to sell, mortgage, or alienate land 
 without consent of the Local Govern- 
 ment Board, unless authorized by 
 
 Parliament 
 
 have power to lease property . 
 ■when, may dispose of corporate land 
 as to renewal of leases by . . . 
 may determine, with assent of Treasury, 
 to convert land into sites for working 
 men's dwelling ..... 
 powers of, to make roads, &c. 
 
 as to leases from 
 
 provisions of and from to be valid in law 
 as to costs and exj^enses of . 
 duties of, with respect to a sinking fund 
 powers of, with respect to borough bridges 
 may borrow money for the purpose 
 
 of Public Works and 
 
 Loan Commissioners for building, 
 
 enlarging, fitting up, &c., police 
 
 station, justice room and offices . 
 
 levy rate to pay principal and interest 
 
 to sell advowsons, &c. .... 
 
 rights and duties of with reference to ad- 
 vowsons and ecclesiastical preferments 
 powers and duties of, with reference to 
 borough rate ..... 
 
 powers of, to order payment of borough 
 
 rate from undivided parish 
 to order claim of county treasurer to be 
 paid ....... 
 
 proceedings if order of county treasurer 
 
 not paid 
 
 as to arbitration in case of dispute 
 of Oxford, to appoint a sheriflF 
 may appoint judge of civil court where 
 there is no recorder .... 
 
 to appoint watch committee . 
 
 where servant of, is defendant in any 
 
 proceeding, may pay costs, damages, 
 
 &c., out of borough fund . 
 
 to have powers of county council in 
 
 county boroughs .... 
 
 I^Iektinos and Puockedings ov 
 to hold four quarterly meetings 
 meeting on 9th Nov. to be held at noon . 
 at what hour and on what days quarterly 
 meetings to bo held .... 
 
 mayor may call a meeting at any time . 
 how, if upon a rccjuisition, he refuses . 
 notice of meetings .... 
 
 business to be transacted to be stated in 
 notice ...... 
 
 summonses, how to be sent . 
 •want of service of summons not to affect 
 validity of meeting .... 
 
 as to notice of business at quarterly 
 meetings ...... 
 
 no other business to be transacted. 
 
 Sec. 
 
 107 
 
 108 
 108 
 109 
 110 
 
 111 
 111 
 111 
 111 
 111 
 113 
 119 
 119 
 
 120 
 120 
 121 
 
 121 
 
 144 
 
 145 
 
 153 
 
 lo3 
 lo3 
 170 
 
 17G 
 190 
 
 226 
 
 • • 
 
 22 
 
 Subsec. 
 
 1 
 
 1-3 
 
 1-7 
 
 1 
 
 2 
 
 3 
 4 
 1 
 
 Para. 
 
 1-6 
 
 «-i 
 
 a-b 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 (.Vfcals 
 o 
 
 2 
 2 
 
 2 
 2 
 
 2 
 2 
 
 Appe 
 
 ndi.K.) 
 
 • • 
 
 1 
 2 
 
 2 
 3 
 4 
 5 
 
 5 
 6 
 
 Page. 
 
 105 
 
 105 
 
 105 
 
 106 
 
 106-7 
 
 107 
 107 
 107 
 107 
 107-8 
 103 
 113 
 113 
 
 113-4 
 
 113-4 
 
 114 
 
 114 
 
 130-1 
 
 132 
 
 138 
 
 138 
 138 
 151 
 
 154 
 161 
 
 184 
 
 27 
 
 38-12 
 
 39 
 
 39 
 
 39 
 39 
 39 
 39 
 
 39 
 39 
 
 39 
 
 39 
 39
 
 GENERAL IXDEX. 
 
 329 
 
 COUNCIL [T!OiW^)-contim(ed. 
 
 mayor to preside ..... 
 
 how if mayor, &c., absent 
 
 questions, &e., to be decided by a 
 
 majority present and votiiig 
 quoriim of Meeting to be one-third of 
 
 Council ...... 
 
 cas:ing vote of chairman 
 
 minutes of proceedings to be drawn up 
 
 and entered in a book and signed, and 
 
 how to be signed. .... 
 
 COUNCIL HOUSE : 
 
 council may purchase land to build 
 
 COUNCILLORS {See also Corporate Office- 
 Corporate Officers — Council, &c.) 
 qualification of . . . . 
 disqualification of . 
 Qualifications of 
 being enrolled and entitled to be en 
 
 rolled 
 
 being seised or possessed of certain real 
 
 or personal estate 
 being rated to relief of the poor 
 Disqualifications of 
 
 being and elective auditor or holding a 
 place of profit .... 
 
 in holy orders, or the regular minis 
 
 ter of a dissenting congregation 
 
 by having directly or indirectly, by 
 
 himself or partner, a share or interest 
 
 in any contract or employment with 
 
 the council ...... 
 
 by bankruptcy, &c., of . 
 by being absent from the borough (ex- 
 cept from illness) for more than six 
 months ...... 
 
 not disqualified by having a share or 
 interest in a contract in any lease, sale, 
 or purchase of land, or any agreement 
 for the same ..... 
 
 by having any agreement 
 for the loan of money or any security 
 for the payment of money only . 
 
 by having a newspaper in 
 which any advertisement relating to 
 affairs of the borough or council are 
 
 inserted 
 
 by being in any company 
 which contracts with council for light- 
 ing or supplying with water any part 
 of borough . . .... 
 
 by being a shareholder 
 in any railway company or municipal 
 company ...... 
 
 term of office of .... . 
 
 one-third of, to go out of office each year 
 may appoint and act in committees 
 
 Sec. 
 
 Subsec. Para, 
 
 105 
 
 11 
 11 
 
 11 
 
 11 
 11 
 
 12 
 12 
 
 12 
 39 
 
 39 
 
 12 
 12 
 
 12 
 
 12 
 
 12 
 13 
 13 
 
 22 
 
 Sched. 
 
 Part. 
 
 Para 
 
 9 
 9 
 
 10 
 
 10 
 11 
 
 12 
 
 Page. 
 
 a-h 
 
 c 
 c 
 
 a 
 b 
 
 2 
 
 1 
 
 2-3 
 
 2 
 
 40 
 40 
 
 40 
 
 40 
 40 
 
 40 
 
 103 
 
 30 
 30 
 
 30 
 
 30 
 30 
 
 31 
 31-2 
 
 32 
 52 
 
 53 
 
 32 
 32 
 
 32 
 
 32 
 
 33 
 
 33 
 
 33 
 
 40-1
 
 830 
 
 THE ENGLISH MUMCIFAL COLE 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Pnra. 
 
 Page. 
 
 COUNCILLORS— rowAJMM^-rf. 
 
 
 
 
 
 
 
 
 not to vote or t;ikc part in any matter in 
 
 
 
 
 
 
 
 
 which pecuniary intiTc.st is possessed 
 
 
 
 
 
 
 
 
 in person or by partner 
 
 22 
 
 3 
 
 
 
 
 .. 
 
 41 
 
 fine for not accepting oflSce of 
 
 34 
 
 1 
 
 . • 
 
 . . 
 
 
 • • 
 
 50 
 
 liable to fine for absence 
 
 39 
 
 4 
 
 
 
 , , 
 
 64 
 
 where a borough has no wards, to be one 
 
 
 
 
 
 
 1 
 
 election of, for the whole borough 
 
 60 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 , , 
 
 64 
 
 where it has wards a separate election of, 
 
 
 
 
 
 
 
 
 for each ward to be . 
 
 50 
 
 2 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 64 
 
 town clerk to give nine days' notice 
 
 
 
 
 
 
 
 
 before election of ... . 
 
 54 
 
 • • 
 
 , , 
 
 , , 
 
 • • 
 
 ■ • 
 
 66 
 
 nomination of, to be conducted in accord- 
 
 
 
 
 
 
 
 
 ance with rules in Part 2 of Third 
 
 
 
 
 
 
 
 
 Schedule 
 
 65 
 
 , , 
 
 ^ ^ 
 
 • • 
 
 ^ , 
 
 • • 
 
 66 
 
 elections of, to be by ballot . 
 
 58 
 
 1 
 
 . . 
 
 , , 
 
 , , 
 
 , , 
 
 71 
 
 mode of voting for .... 
 
 5S-9 
 
 , , 
 
 
 , , 
 
 , , 
 
 , 
 
 71-4 
 
 casual vacancy of, within what time to 
 
 
 
 
 
 
 
 
 be filled up 
 
 66 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 77 
 
 if elected for more than one ward, to 
 
 
 
 
 
 
 
 
 select the ward for which he will serve 
 
 68 
 
 •• 
 
 •• 
 
 ■ • 
 
 
 • • 
 
 78 
 
 COUNTIES OF CITIES AND TOWNS 
 
 
 
 
 
 
 
 
 CORPORATE : 
 
 
 
 
 
 
 
 
 council of, to appoint sheriffs 
 
 170 
 
 1 
 
 • • 
 
 
 , , 
 
 , , 
 
 151 
 
 list of, to be deemed adjiiiiiiiig to certain 
 
 
 
 
 
 
 
 
 counties lor trial of crimin;il offences. 
 
 188 
 
 2 
 
 .. 
 
 6 
 
 • t 
 
 » • 
 
 IGO 
 
 county boroughs under Local Govern- 
 
 
 
 
 
 
 
 
 ment Act, 1888 
 
 • • 
 
 • • 
 
 •• 
 
 
 • • 
 
 • • 
 
 303 
 
 COUNTING HOUSE : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 31 
 
 • • 
 
 a 
 
 
 • • 
 
 • • 
 
 48 
 
 COUNTY : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 ., 
 
 
 , , 
 
 , , 
 
 25 
 
 every place in each borough at com- 
 
 
 
 
 
 
 
 
 mencement of Act then existing which 
 
 
 
 
 
 
 
 
 is a, of itself, to be part cf that and of 
 
 
 
 
 
 
 
 
 no other ...... 
 
 228 
 
 1 
 
 ,. 
 
 
 ., 
 
 
 186 
 
 where under Municipal Corporations Act, 
 
 
 
 
 
 
 
 
 1886, or any Act amending, does not 
 
 
 
 
 
 
 
 
 at commencement of Act include a 
 
 
 
 
 
 
 
 
 place which before passing of the 
 
 
 
 
 
 
 
 
 Municipal Corpoi-ation3.\ct, 1835, was 
 
 
 
 
 
 
 
 
 part thereof, that place to continue to 
 
 
 
 
 
 
 
 
 be part of, wherein situate, or with 
 
 
 
 
 
 
 
 
 which it has longest common boundiiry 
 
 228 
 
 2 
 
 • • 
 
 • ■ 
 
 • • 
 
 • • 
 
 136 
 
 nothing in Act to prevent any gaol. 
 
 
 
 
 
 
 
 
 lunatic asylum, court of justice, &c.. 
 
 
 
 
 
 
 
 
 already taken to be in any, from being 
 
 
 
 
 
 
 
 
 still taken to be in . 
 
 228 
 
 3 
 
 
 • t 
 
 • • 
 
 • • 
 
 186 
 
 any gaol, court, depot for arms, and any 
 
 
 
 
 
 
 
 
 land belonging thereto parcel of, to 
 
 
 
 
 
 
 
 
 continue to be parcel of, and under 
 
 
 
 
 
 
 
 
 exclusive jurisdiction of authorities of 
 
 228 
 
 4 
 
 
 
 
 
 186 
 
 nothing in Act to effect assessments of 
 
 
 
 
 
 
 
 
 land tax or assessed taxes charged on 
 
 228 
 
 5 
 
 
 
 
 
 186 
 
 adjustment between boroughs and, on 
 
 
 
 
 
 
 ' • 
 
 
 change of boundaries .... 
 
 229 
 
 ••. 
 
 ( 
 
 •• 
 
 • • 
 
 • • 
 
 187
 
 GENETiAL INDEX. 
 
 331 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 COUNTY (OR PLAGE) • 
 
 explanation of term in Licensing Act, 
 1828 
 
 
 
 
 
 
 
 
 246 
 
 * • 
 
 • • 
 
 
 
 • • 
 
 193 
 
 COUNTY BOROUGHS : 
 which are to be . 
 may appoint joint committees . 
 
 •• 
 
 * • 
 
 • • 
 
 • • 
 
 • « 
 
 • • 
 
 • • 
 
 • • 
 
 303 
 301 
 
 COUNTY COUNCILS: 
 
 as to future relations of counties with 
 cities and boroughs comprised within 
 their area {See Abstract of Local 
 Government Act, 188S) 
 
 
 
 
 
 
 • • 
 
 286 
 
 COUNTY OF CITY, &c., ACT, 1798 : 
 
 Procedure as to trial of offences com- 
 mitted in counties of cities and towns 
 
 188 
 
 1 
 
 
 
 
 
 169 
 
 COUNTY COURT : 
 
 order of, in municipal elections to be 
 substituted for order of House of 
 Commons, &c., in parliamentary 
 elections . . . {see footnote) 
 
 • • 
 
 » • 
 
 
 
 
 • • 
 
 72 
 
 COUNTY JUSTICES: 
 
 jurisdiction of, in boroughs . 
 
 164 
 
 1-2 
 
 
 .. 
 
 
 • • 
 
 139 
 
 COUNTY RATE : 
 
 borough having quarter sesssions not to 
 be assessed to 
 
 certain sums still to be charged to . 
 
 150 
 ( 150 
 
 151 
 ' 152 
 
 153 
 153 
 
 153 
 153 
 153 
 
 1 
 2 
 
 • • 
 
 f • 
 
 •• 
 
 • • 
 
 • • 
 
 ••1 
 
 136 
 
 136-7 
 
 COUNTY TREASURER : 
 
 to send a council of a borough having 
 separate quarter sessions twice a year 
 an account of expenses for which 
 borough is liable .... 
 
 to make an order on council for payment 
 
 council to order their treasui-er to pay 
 same out of borough fund to 
 
 proceedings by, if order not paid . 
 
 how differences are to be settled . 
 
 1 
 
 1 
 
 2 
 3 
 
 4 
 
 a-h 
 a-b 
 
 • • 
 
 • * 
 
 • • 
 
 • • 
 
 • • 
 
 137 
 137 
 
 138 
 
 138 
 138 
 
 COURT (ELECTION): 
 
 power of, as to costs .... 
 
 98 
 
 1 
 
 
 
 ■ • 
 
 • • 
 
 98 
 
 COURT OF QUARTER SESSIONS {See 
 Quarter Sessions}. 
 
 
 
 
 
 
 
 
 COURT OF REVISION {See Assessors- 
 Mayor — Revision, &c.) 
 
 
 
 
 
 
 
 
 COURTS OF JUSTICE (COUNTY) : 
 
 to be deemed within the county as before 
 notwithstanding change in boundaries 
 of boroughs ..... 
 
 223 
 
 3 
 
 
 
 
 
 186 
 
 CUSTOMS : 
 
 effect of, upon conditions pret edent under 
 charter, &c. ..... 
 
 in restraint of trade are abo'ished . 
 
 inconsistent with Act repealed 
 
 in renewing leases ..... 
 
 203 
 247 
 260 
 IIO 
 
 1 
 2 
 
 a-'b 
 
 •' 
 
 • • 
 
 •• 
 
 • • 
 
 170 
 193 
 199 
 106 
 
 BAY OF ELECTION OF COUNCILLORS : 
 the ordinary, to be the 1st of November. 
 
 52 
 
 • • 
 
 •• 
 
 • • 
 
 •• 
 
 9 • 
 
 65
 
 S32 
 
 THE EXOLISH MUXICIPAL CODE. 
 
 DEAF TERSONS : 
 
 exempt from serving corporate ofiBce 
 
 DEATH OF MAYOR: 
 proviso in case of . 
 
 DEATH OF RESPONDENT: 
 
 proceedings upon .... 
 
 DEBTS, CONSOLIDATION OF: 
 as to . . . • • 
 
 DEBTS : 
 
 saving for those lawfully contracted before 
 IMunicipal Corporations Act, 1835 
 
 saving against new liability to those 
 contracted before that Act . 
 
 DECLARATION: 
 
 upon accepting ofBce .... 
 not to act until made .... 
 form of, on accepting corporate office 
 
 DEPUTY: 
 
 acts of a, not to be invalidated by defect 
 in appointment ..... 
 
 DEPUTY MAYOR: 
 
 when and how he may be appointed, and 
 
 appointment to be signified to council, 
 authority and duties of . . . 
 
 may preside at meetings of the council if 
 
 ajipointed to do so 
 
 DEPUTY RECORDER: 
 
 recorder may appoint barrister of five 
 
 years' standing to be . 
 in absence of recorderor deputy, mayor to 
 
 open the court and adjourn the holding 
 
 DESCENT : 
 
 occupation by, effect of . 
 
 DKVISE: 
 
 occupation by, effect of 
 
 DISFRAVCHISED PARLIAMENTARY 
 BOROUGHS : 
 as to electors in 
 
 DISFRANCHISEMENT : 
 offences justifying . 
 
 Sec. 
 
 34 
 
 67 
 
 97 
 
 127 
 
 131 
 132 
 
 34 
 
 35 
 
 237 
 
 16 
 16 
 
 I GO 
 1(17 
 
 33 
 
 33 
 
 245 
 
 77 
 
 Subsec. 
 
 1-3 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1-2 
 3 
 
 I 0,
 
 GENERAL INDEX. 
 
 333 
 
 
 Sec. 
 
 Subseo 
 
 . Para. 
 
 j Sched 
 
 Part. 
 
 Para. 
 
 Page. 
 
 DISQUALIFICATION : 
 
 
 
 
 
 
 
 
 {See also Aldermen — Burgess — Coun- 
 
 
 
 
 
 
 
 
 cillois — Mayor, &c.) 
 
 
 
 
 
 
 
 
 of mayor, alderman, or councillor, by 
 
 
 
 
 
 
 
 
 becoming bankrupt, compounding, or 
 
 
 
 
 
 
 
 
 making an arrangement or composi- 
 
 
 
 
 
 
 
 
 tion with creditors under Bankruptcy 
 
 
 
 
 
 
 
 Act, 1869, by deed or otherwise . 
 
 39 
 
 1 a 
 
 • • 
 
 • • 
 
 • • 
 
 52 
 
 by being continually absent (except in case 
 
 
 
 t 
 
 
 
 
 
 of illness), mayor, for more than two 
 
 
 
 
 
 
 
 
 months or being alderman or councillor 
 
 
 
 
 
 
 
 
 for more than six months 
 
 39 
 
 1 
 
 h 
 
 • • 
 
 « • 
 
 • • 
 
 53 
 
 upon ; by bankruptcy or absence of 
 
 
 
 
 
 
 
 
 mayor, alderman, or councillor the 
 
 
 
 
 
 
 
 
 council forthwith to declare office 
 
 
 
 
 
 
 
 
 vacant on notice signed by three 
 
 
 
 
 
 
 
 
 members, &c 
 
 39 
 
 2 
 
 • • 
 
 ■ • 
 
 • • 
 
 • • 
 
 53 
 
 how removed ...... 
 
 39 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 
 63 
 
 liable to a fine for ; on absence 
 
 39 
 
 4 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 64 
 
 although it exists, acts of a person in 
 
 
 
 
 
 
 
 
 possession of corporate office, valid 
 
 42 
 
 1 
 
 • • 
 
 ' • 
 
 • • 
 
 • ■ 
 
 55 
 
 of candidate guilty of con upt practices . 
 
 79 
 
 1 
 
 • * 
 
 • • 
 
 • • 
 
 • • 
 
 84 
 
 how it nxaij cease ..... 
 
 79 
 
 3 
 
 • • 
 
 
 • • 
 
 • • 
 
 85 
 
 DISSENTING MINISTERS : 
 
 
 
 
 
 
 
 
 not qualified to be councillors . 
 
 12 
 
 1 
 
 h 
 
 • • 
 
 • • 
 
 • • 
 
 31 
 
 DISTANCE : 
 
 
 
 
 
 
 
 
 how to be computed ... * 
 
 231 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 188 
 
 DISTRESS : 
 
 
 
 
 
 
 
 
 may be made upon goods of overseers 
 
 
 
 
 
 
 
 
 for neglecting to pay over borough 
 
 
 
 
 
 
 
 
 rate 
 
 145 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 133 
 
 DIVIDED PARISH : 
 
 
 
 
 
 
 
 
 as collecting borough rate in . 
 
 146 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 133 
 
 ratepayer may appeal against rate made in 
 
 146 
 
 2 
 
 
 • • 
 
 • • 
 
 • • 
 
 133 
 
 DIVIDENDS: 
 
 
 
 
 
 
 
 
 of charitable and corporate property, how 
 
 
 
 
 
 
 
 
 payable 
 
 118 
 
 1-7 
 
 • • 
 
 • • 
 
 ■ • 
 
 
 111-2 
 
 DIVISION OF BOROUGH INTO 
 
 
 
 
 
 
 
 
 WARDS: 
 
 
 
 
 
 
 
 
 procedure for and unon .... 
 
 30 
 
 1-15 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 46-7 
 
 DIVISION (OR PLACE) : 
 
 
 
 
 
 
 
 
 explanation of terms in Licensing Act, 
 
 
 
 
 
 
 
 
 1828 
 
 246 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 193 
 
 DOCKYARDS : 
 
 
 
 
 
 
 
 
 saving in Act as to, and barracks, &c. 
 
 254 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 197 
 
 DOCUMENTS: 
 
 
 
 
 
 
 
 
 as to inspection and copies of minutes 
 
 
 
 
 
 
 
 
 of council's proceedings, treasurer's 
 
 
 
 
 
 
 
 
 accounts, and freemen's roll 
 
 233 
 
 1-6 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 188-9 
 
 penalty for refusing inspection of . 
 
 233 
 
 7 
 
 a-b 
 
 • • 
 
 • • 
 
 • • 
 
 189
 
 334 
 
 THE ENGLISH MUXICIPAL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para, 
 
 Page. 
 
 DOCUMENTS— co«/!;i«?rf 
 
 
 
 
 
 
 
 
 as to forijory of seals or signatures of, 
 
 
 
 
 
 
 
 
 under Act 
 
 235 
 
 •• 
 
 •• 
 
 •• 
 
 • • 
 
 ■ • 
 
 190 
 
 DURHAM, UNTYERSTTY OF : 
 
 
 
 
 
 
 
 
 Act not to affect lights and privileges of 
 
 257 
 
 7 
 
 
 •• 
 
 •• 
 
 • > 
 
 198 
 
 EASTER : 
 
 
 
 
 
 
 
 
 Monday and Tuesday in, to be excluded 
 
 
 
 
 
 
 
 
 in computation of time 
 
 230 
 
 1-3 
 
 •• 
 
 •• 
 
 • • 
 
 • • 
 
 187-8 
 
 ECCLESIASTICAL COMMISSIOXERS : 
 
 
 
 
 
 
 
 
 advowsons to be disposed of under direc- 
 
 
 
 
 
 
 
 
 tion of 
 
 122 
 
 1-2 
 
 •• 
 
 
 •• 
 
 • • 
 
 115 
 
 ECCLESIASTICAL TREFERMENT : 
 
 
 
 
 
 
 
 
 rights and duties with reference to, of 
 
 
 
 
 
 
 
 
 council ...... 
 
 121 
 
 1-3 
 
 •• 
 
 •• 
 
 •• 
 
 • • 
 
 114 
 
 EDUCATION' : 
 
 
 
 
 
 
 
 
 of child at public or endowed school does 
 
 
 
 
 
 
 
 
 not disc^ualify parent from being 
 
 
 
 
 
 
 
 
 burgess 
 
 33 
 
 4 
 
 h 
 
 •• 
 
 • • 
 
 • • 
 
 50 
 
 ELECTION [See also Municipal Election- 
 
 
 
 
 
 
 
 
 Nomination, &c.) : 
 
 
 
 
 
 
 
 
 of a person not to be questioned by 
 
 
 
 
 
 
 
 
 reason of defect in title of person 
 
 
 
 
 
 
 
 
 beforo whom held, if he was actually 
 
 
 
 
 
 
 
 
 in possession of, or acting in the office 
 
 
 
 
 
 
 
 
 giving a right to preside at 
 
 42 
 
 2 
 
 
 
 • • 
 
 
 55 
 
 where borough has no wards, to be one 
 
 
 
 
 
 
 
 
 for whole borough .... 
 
 50 
 
 1 
 
 
 , , 
 
 , , 
 
 
 64 
 
 where it has wards, to be a separate 
 
 
 
 
 
 
 
 
 one for each ward .... 
 
 50 
 
 2 
 
 
 , , 
 
 , , 
 
 
 64 
 
 a burgoss entitled to sign or subscribe a 
 
 
 
 
 
 
 
 
 nomination paper at . 
 
 51 
 
 
 
 • • 
 
 , , 
 
 
 64 
 
 entitled to vote at . . . 
 
 5L 
 
 
 
 • • 
 
 , , 
 
 
 64 
 
 not to vote in more than one ward 
 
 51 
 
 2 
 
 
 • • 
 
 • • 
 
 
 G5 
 
 ordinary day of to bo tho ) st of November 
 
 62 
 
 , , 
 
 
 , , 
 
 • t 
 
 
 65 
 
 in year county councillors are elected 
 
 
 
 
 
 
 
 
 elections to be taken together 
 
 • • 
 
 , ^ 
 
 
 , , 
 
 • « 
 
 
 65 
 
 town clerk to give and publish notice 
 
 
 
 
 
 
 
 
 nine days before .... 
 
 51 
 
 , , 
 
 
 , , 
 
 • • 
 
 
 66 
 
 nomination to be in accordance with 
 
 
 
 
 
 
 
 
 rules in Part 2 of the Third Schedule 
 
 55 
 
 , J 
 
 
 , , 
 
 * • 
 
 
 66 
 
 proceedings at, if not contested 
 
 57 
 
 . , 
 
 
 . , 
 
 • • 
 
 
 71 
 
 if contested, the poll to be taken as at a 
 
 
 
 
 
 
 
 
 parliamentary election, subject to modi- 
 
 
 
 • 
 
 
 
 
 
 fications in i'art 3 of Third Schedule 
 
 58 
 
 1 
 
 
 ^ ^ 
 
 , , 
 
 
 71-2 
 
 burgesses may vote for the full number 
 
 
 
 
 
 
 
 
 of vacancies at 
 
 58 
 
 2 
 
 
 , , 
 
 . . 
 
 
 73 
 
 poll at to commence at nine o'clock, and 
 
 
 
 
 
 
 
 
 close at fiiur o'clock {now cu/ht to eight) 
 
 58 
 
 3 
 
 
 {Sec A 
 
 ppcnJi X ) , 1 
 
 73 
 
 how, if an hour elapses without a vote 
 
 
 
 
 
 
 
 
 being tendered at . ... 
 
 53 
 
 4 
 
 
 • • 
 
 • • 
 
 , , 
 
 73 
 
 whore an eciuality of votes, returning 
 
 
 
 
 
 
 
 
 officer may give casting vote at . 
 
 53 
 
 5 
 
 
 • . 
 
 • • 
 
 , . 
 
 73 
 
 as to agents at .... . 
 
 58 
 
 6 
 
 
 , , 
 
 • • 
 
 • • 
 
 73 
 
 pre.-iding officer to put questions to voter 
 
 
 
 
 
 
 
 
 if required at an 
 
 69 
 
 1 
 
 a-h 
 
 1 
 
 • • 
 
 • • 
 
 74
 
 GEXERAL IXBEX. 
 
 335 
 
 E LE CTIO N"— co« tinned. 
 
 vote not to be received until questions 
 
 answered at an . 
 false answer a misdemeanour at an 
 only enquiry -which may be made by 
 
 voter at an. .... 
 not to be invalidated in certain cases 
 
 called in question after twelve 
 
 months ..... 
 fine for mayor, &c., neglecting duties 
 
 relating to . 
 enactments which are to revive on the 
 
 expiration of the Ballot Act, as to 
 when avoided by general corruption, bribery 
 
 treating or intimidation . . 
 
 form of notice of . . 
 
 ELECTIONS (HOURS OF POLL): 
 
 Act of 1884 
 
 1885 
 
 ELECTIONS COURT [See also Barrrister— 
 
 Court — Petitioner, &c.) : 
 
 meaning of terms ..... 
 
 town clerk to provide proper accommoda- 
 tion for ... . . 
 
 chief constables, &c., to give assistance at 
 
 officers and clerks may be employed as 
 prescribed at an . . . . . 
 
 ELECTION PETITION {See also Municipal 
 Election Petition) ; 
 
 General Rules made by judges for pro- 
 cedure upon ..... 
 Additional General Rules thereon . 
 General Rules under Part IV. of this Act 
 
 ELECTORS : 
 
 municipal substituted for parliamentary 
 
 in disfranchised boroughs . 
 Acts for Registration of . . . 
 
 ENROLMENT (&e Burgess Roll— Freemen, 
 &c.). 
 
 EQUALITY OF VOTES [See also Alder- 
 men—Casting Vote — Election of Coun- 
 cillors, Mayor, &e.). 
 
 ERRORS : 
 
 in burgess list to be corrected 
 
 not to vitiate or hinder .... 
 
 EVIDENCE {See also Agency— Petition- 
 Rules) : 
 
 of bye-laws, rrovision as to . 
 to be authenticated by corporate seal 
 questions of, may be reserved upon the 
 trial of a petition .... 
 upon trial of petition, to be taken by a 
 shorthand writer .... 
 
 EXEMPTIONS- 
 
 from serving corporate offices 
 on iuries 
 
 Sec. 
 
 59 
 59 
 
 59 
 72 
 
 73 
 
 75 
 
 81 
 
 Subsec. 
 
 Para. 
 
 :ched. 
 
 Part. 
 
 Para. 
 
 2 
 3 
 
 a 
 
 99 
 99 
 
 99 
 
 245 
 
 1-10 
 
 II 
 
 34 
 
 Page. 
 
 74 
 74 
 
 74 
 79 
 
 79 
 
 80 
 
 Sl-2 
 
 86 
 205 
 
 255 
 276 
 
 83 
 
 99 
 99 
 
 99 
 
 213 
 
 222-3 
 224 
 
 193 
 304 
 
 19 
 
 47 
 241 
 
 
 24 
 24 
 
 ■• 
 
 93 
 
 8 
 
 99 
 
 4 
 
 (i~h 
 
 60 
 
 62 
 
 191 
 
 43 
 
 43 
 
 93 
 99 
 
 50 
 157
 
 336 
 
 THE EXGLISJI MUXICIPAL CODE. 
 
 
 See. 
 
 Snbsec. 
 
 Pnra. 
 
 1 Pched. 
 
 Part. 
 
 Parft. 
 
 Pape. 
 
 EXEMPTIONS— fo«^i«w<^. 
 
 
 
 
 
 
 
 
 beneficial reserved to freemen . , 
 
 208 
 
 1-3 
 
 • • 
 
 •• 
 
 • • 
 
 • • 
 
 171 
 
 EXETER: 
 
 
 
 
 
 
 
 
 county of, to bo considered as joininp^ 
 
 
 
 
 
 
 
 
 Devonshire for the purpose of criminal 
 
 
 
 
 
 
 
 
 trials 
 
 188 
 
 2 
 
 •• 
 
 6 
 
 
 • • 
 
 I GO 
 
 EX-ISIAYOR [See also Mayor — Immediate 
 
 
 
 
 
 
 
 
 Past Mayor, iSrc.) : 
 
 
 
 
 
 
 
 
 as to use of this designation see foot- 
 
 
 
 
 
 
 
 
 note at 
 
 
 •• 
 
 
 •• 
 
 •• 
 
 
 75 
 
 EXPENSES {See also Costs) : 
 
 
 
 
 
 
 
 
 of ■witnesses attendinp; on an election 
 
 
 
 
 
 
 
 
 petition, to be allowed 
 
 94 
 
 9 
 
 1 • 
 
 
 . , 
 
 ' ' 
 
 95 
 
 incurred by town clfrk in providing 
 
 
 
 
 
 
 
 
 election court to be paid . 
 
 99 
 
 1 
 
 •• 
 
 •• 
 
 ■• 
 
 •• 
 
 99 
 
 EXPENSES OF ELECTION OF COUN- 
 
 
 
 
 
 
 
 
 CILLORS : 
 
 
 
 
 
 
 
 
 how provided for ..... 
 
 58 
 
 •• 
 
 
 3 
 
 3 
 
 5 
 
 70 
 
 FATHER : 
 
 
 
 
 
 
 
 
 freemen may claim through, and bo 
 
 
 
 
 
 
 
 
 admitted on establishment of claim . 
 
 204 
 
 •• 
 
 • t 
 
 •• 
 
 •• 
 
 •• 
 
 169 
 
 FEES: 
 
 
 
 
 
 
 
 
 to commissioner for division into or 
 
 
 
 
 
 
 
 
 alteration of wards .... 
 
 
 
 
 4 
 
 • . 
 
 1 
 
 202 
 
 assistant recorder .... 
 
 
 
 
 4 
 
 
 2 
 
 202 
 
 assistant clerk of the peace 
 
 
 
 
 4 
 
 
 2 
 
 202 
 
 additional crier ..... 
 
 
 
 
 4 
 
 
 2 
 
 2U2 
 
 borough coroner .... 
 
 
 
 
 4 
 
 
 3 
 
 202 
 
 special constables .... 
 
 
 
 • • 
 
 4 
 
 
 4 
 
 202 
 
 table of, taken by clerk of peace, clerk of 
 
 
 
 
 
 
 
 
 justices, and registrar and officers of 
 
 
 
 
 
 
 
 
 borough civil court, to be posted in 
 
 
 
 
 
 
 
 
 certain places ..... 
 
 234 
 
 a-d 
 
 
 •• 
 
 . • 
 
 •• 
 
 . 89-90 
 
 FEMALES : 
 
 
 
 
 
 
 
 
 to have the right of voting at munici- 
 
 
 
 
 
 
 
 
 pal elections ..... 
 
 63 
 
 
 
 
 . . 
 
 ■ • 
 
 77 
 
 not (lualifled to serve corporate office 
 
 •• 
 
 " 
 
 •• 
 
 •• 
 
 . . 
 
 •• 
 
 77 
 
 FINE: 
 
 
 
 
 
 
 
 
 upon town clerk for failing to make 
 
 
 
 
 
 
 
 
 return to Local Government Board and 
 
 
 
 
 
 
 
 
 how recoverable ..... 
 
 2S 
 
 5 
 
 
 . . 
 
 
 * * 
 
 45 
 
 exemption from, for not accepting cor- 
 
 
 
 
 
 
 
 
 porate office by : — 
 
 
 
 
 
 
 
 
 any person disabled by lunacy or im- 
 
 
 
 
 
 
 
 
 becility of mind, or by deafness. 
 
 
 
 
 
 
 
 
 blindness, or other permanent in- 
 
 
 
 
 
 
 
 
 firmity of body 
 
 34 
 
 3 
 
 a 
 
 . * 
 
 
 . . 
 
 50 
 
 any person above sixty-five, or having 
 
 
 
 
 
 
 
 
 within five years before served office 
 
 
 
 
 
 
 
 
 or paid the fine, and claiming ex- 
 
 
 
 
 
 
 
 
 emption within five days after notice 
 
 34 
 
 3 
 
 h 
 
 . , 
 
 
 
 fiO 
 
 recoverabh' summarily .... 
 
 34 
 
 4 
 
 , . 
 
 . , 
 
 
 
 50 
 
 on resignatim of office .... 
 
 36 
 
 1 
 
 
 
 . • 
 
 
 51
 
 GENERAL INDEX. 
 
 337 
 
 FINS — continued. 
 
 for absence from the horouf!;h of mayor, 
 ald'^rman, or councillor, and how same 
 recoverab'e . . . . . 
 
 for acting in a corpnrato ofEce without 
 having made declaration, or without 
 being qualified, or after ceasing to he 
 qualifii d, or after becoming disquali- 
 fied, and how same recoveiable . 
 
 upon town clerk or overseer for refusing 
 to allow list to be inspected 
 
 action to recover, not to lie after three 
 months ...... 
 
 moiety of, to be paid to plaintiff . 
 
 for paying or agreeing to pay money on 
 account of conveyance of a voter to or 
 from poll ...... 
 
 upon gaoler for neglect of duty 
 
 for offences against this Act to go to the 
 borough fund, unless otherwise pro- 
 vided for ..... 
 
 FORFEITURE : 
 
 by candidate found guilty upon indict- 
 ment or action of corrupt practices 
 
 FORGING OF NOMINATION PAPERS : 
 
 QiS I/O ■*••••• 
 
 FORGERY : 
 
 of seals and signatures under Act, penalty 
 
 for 
 
 FORMS 
 
 mistakes in use of forms in Eighth Sche- 
 dule not to invalidate elections in 
 certain cases ..... 
 
 in Schedule VIII. or to like efi'ect, varied 
 as circumstances require, may be used, 
 and shall be sufficient in law 
 declaration on accepting oflice 
 
 by recorder 
 
 or borough 
 
 justice 
 Forms Relating to Elections: 
 list of burgesses 
 notice of claim 
 
 objection . 
 list of claimants 
 
 persons objected to 
 notice of election of councillors and 
 
 auditors 
 nomination paper 
 ballot paper . 
 Forms Relating to Working Men's 
 Dwellings : 
 
 form of grant by corporation, 
 transfer of grant 
 
 2^ 
 
 Sec. Subsec. 
 
 39 
 
 41 
 
 75 
 
 75 
 75 
 
 83 
 99 
 
 139 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 ] 
 
 2 
 
 3 
 3 
 
 74 
 
 235 
 
 72 
 
 240 
 
 
 8 
 8 
 8 
 
 8 
 8 
 8 
 
 2 
 2 
 2 
 
 2 
 
 2 
 
 2 
 2 
 2 
 
 B 
 
 C 
 D 
 E 
 F 
 G 
 
 H 
 
 I 
 K 
 
 L 
 M 
 
 Page 
 
 54 
 
 55 
 
 81 
 
 81 
 81 
 
 86 
 99 
 
 127 
 
 b.T 
 
 80 
 
 190 
 
 79 
 
 191 
 203 
 
 203 
 
 203 
 204 
 204 
 204 
 205 
 
 205 
 
 2U6 
 
 206-7 
 
 207 
 207
 
 338 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Snbsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 FOUyiS— continued. 
 
 
 
 
 
 
 
 
 form of lease by corporation . 
 
 , , 
 
 , , 
 
 , , 
 
 8 
 
 3 
 
 N 
 
 i 208-9 
 
 assignment of lease . 
 
 • • 
 
 , , 
 
 
 8 
 
 3 
 
 
 
 209 
 
 Forms Relating to Bouougu Beid'ies : 
 
 
 
 
 
 
 
 
 form of mortgage 
 
 , , 
 
 , , 
 
 , , 
 
 8 
 
 4 
 
 r 
 
 209 
 
 transfer of mortgage 
 
 
 •• 
 
 • • 
 
 8 
 
 4 
 
 Q 
 
 210 
 
 FRANCHISE : 
 
 
 
 
 
 
 
 i 
 
 parliamentary, reserved to freemen 
 
 209 
 
 1-3 
 
 • • 
 
 •• 
 
 
 
 1 171 
 
 FREEMEN : 
 
 
 
 
 
 
 
 
 definition of . 
 
 201 
 
 
 
 1 . ■ 
 
 
 
 168 
 
 no persons to be admitted as, by gift or 
 
 
 
 
 
 
 
 
 purchase {See Honorary Freedom) 
 
 202 
 
 , , 
 
 
 
 
 
 168 
 
 town clerk to keep roll of 
 
 203 
 
 , , 
 
 ,. 
 
 
 
 
 168 
 
 admission as 
 
 204 
 
 , , 
 
 , 
 
 
 
 
 169 
 
 reservation of rights of property to, and 
 
 
 
 
 
 
 
 
 others 
 
 205 
 
 1-2 
 
 , , 
 
 , , 
 
 
 
 169 
 
 amount of realization of rights of, limit 
 
 
 
 
 
 
 
 
 of value of and saving 
 
 206 
 
 1 
 
 • • 
 
 • • 
 
 
 
 170 
 
 still liable to fines, fees, &c., and to fulfil 
 
 
 
 
 
 
 
 
 conditions ...... 
 
 206 
 
 2 
 
 
 ^ ^ 
 
 
 
 170 
 
 nothing in Act to strengthen or confirm 
 
 
 
 
 
 
 
 
 any claim, right or title of, to benefit 
 
 
 
 
 
 
 
 
 of any right reserved to . . 
 
 207 
 
 , , 
 
 , ^ 
 
 • • 
 
 
 
 170 
 
 reservation of beneficial exemptions to. 
 
 
 
 
 
 
 
 
 and others 
 
 208 
 
 1 
 
 • • 
 
 • • 
 
 
 
 171 
 
 reservation of parliamentary franchise to 
 
 209 
 
 1 
 
 , , 
 
 , , 
 
 
 
 171 
 
 no stamp duty chargeable on admission 
 
 
 
 
 
 
 
 
 as 
 
 209 
 
 2 
 
 • • 
 
 , , 
 
 
 
 171 
 
 town clerk to do all things appertaining 
 
 
 
 
 
 
 
 
 to registration of, for parliamentary 
 
 
 
 
 
 
 
 
 elections 
 
 209 
 
 3 
 
 • • 
 
 •• 
 
 
 
 171 
 
 FREEDOM (HONORARY) : 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 
 
 277 
 
 FREEMEN'S ROLL : 
 
 
 
 
 
 
 
 
 copies of, should be kept and delivered 
 
 
 
 
 
 
 
 
 on payment of fee . 
 
 48 
 
 1 
 
 , , 
 
 • • 
 
 
 
 63 
 
 must be kept by town clerk . 
 
 203 
 
 , , 
 
 . , 
 
 , , 
 
 
 
 168 
 
 ■who should be placed on . . . 
 
 i!03 
 
 •• 
 
 • • 
 
 •• 
 
 
 
 168 
 
 FREE TRADING : 
 
 
 
 
 
 
 
 
 right of, in boroughs affirmed 
 
 247 
 
 • • 
 
 • • 
 
 •• 
 
 
 
 193 
 
 GENERAL RULES OF THE JUDGES : 
 
 • • 
 
 ■ ■ 
 
 .. 
 
 .. 
 
 
 
 213-32 
 
 GOOD FRIDAY : 
 
 
 
 
 
 
 
 
 provision as to . 
 
 230 
 
 1-3 
 
 • • 
 
 • a 
 
 
 
 187-8 
 
 GRANDFATHER : 
 
 
 
 
 
 
 
 
 freemen may claim through, and be 
 
 
 
 
 
 
 
 
 admitted on establishment of claim . 
 
 204 
 
 • • 
 
 • • 
 
 •• 
 
 
 
 169 
 
 GRANT : • 
 
 
 
 
 
 
 
 
 of new charter to a borough . 
 
 210 
 
 • • 
 
 , , 
 
 , , 
 
 
 
 172 
 
 proceedings for scheme on, of new charter 
 
 •• 
 
 •• 
 
 • • 
 
 7 
 
 
 1-9 
 
 177 
 
 HIGH CONSTABLE : 
 
 
 
 
 
 
 
 
 explanation of term in Licensing Act, 
 
 
 
 
 
 
 
 
 1828 
 
 246 
 
 
 
 
 
 • ■ 
 
 193
 
 GENERAL INDEX. 
 
 339 
 
 HIGH COURT: 
 
 meaning of term . . . • • 
 as to mandamus from, to insert name of 
 
 burgess in burgess roll 
 may grant mandamus for the holding of 
 
 a municipal election . . . • 
 may appoint some other place for the 
 
 trial of a petition than in borough 
 may direct case of petition, to be stated 
 
 as a special case ..... 
 certificate of barrister upon trial of 
 
 petition to be sent to . 
 to send a copy to the town clerk of the 
 
 borough . . . . . _ • 
 consent and powers of, as to withdrawing 
 
 petition ....•• 
 jurisdiction of, as to costs 
 to have same powers, &c., as in ordin- 
 ary cause under its jurisdiction . 
 
 HOLY ORDERS : 
 
 a disqualification for being elected 
 councillor ...... 
 
 HONORARY FREEDOM OF BOROUGHS 
 ACT (1885) ...... 
 
 must be conferred by a two-thirds vote . 
 
 HOSPITAL : 
 
 as to founding of a, . . . see 
 
 HOURS OF POLL: 
 
 Act of 1884 
 
 1885 ..... 
 
 Sec. 
 
 7 
 47 
 70 
 93 
 93 
 93 
 93 
 
 95 
 
 98 
 
 100 
 
 12 
 
 HOUSE : 
 
 ibterpretation of term .... 
 
 HOUSEHOLDERS : 
 
 burgesses must have been 
 
 must reside in borough or within 7 miles of 
 
 lodger or inmate not deemed . see 
 
 ILLNESS : 
 
 when a cause of condonation of omissions 
 
 IMBECILITY OF MIND: 
 
 an exemption from serving a corporate 
 office ....... 
 
 IMMEDIATE PAST MAYOR {See Mayor— 
 Ex-Mayor, «&c.) : 
 to be borough justice during year as such 
 
 INFIRMITY, PERMANENT: 
 
 an exemption from serving a corporate 
 office ....... 
 
 INCORPORATION (&ealso Grant— Charter, 
 &c.) 
 
 INDICTMENT : 
 
 consequences on, to candidate found guilty 
 
 of corrupt practices .... 
 offence of assault on constables may be 
 
 proceeded against by . 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1 
 
 2 
 
 2 
 
 2 
 
 7 
 
 12 
 
 13 
 
 1 
 1 
 
 133 
 
 31 
 
 9 
 9 
 
 39 
 
 34 
 
 155 
 
 34 
 
 79 
 195 
 
 Page. 
 
 25 
 62 
 78 
 92 
 93 
 94 
 94 
 
 96 
 
 98 
 
 100 
 
 31 
 
 277 
 277 
 
 123 
 
 255 
 276 
 
 48 
 
 28 
 28 
 29 
 
 53 
 
 50 
 
 139 
 
 50 
 
 85 
 163
 
 340 
 
 THE EXGLISn MUXICIPAL CODE. 
 
 INITIALS: 
 
 as to use of in giving names . . see 
 
 INQUESTS : 
 
 coroner to forward return of, to Seci-etary 
 of State {See also Coroners' Act) . 
 
 INSOLVENCY : 
 
 how it affects holders of corporate offices 
 
 INSPECTION : 
 of documents . 
 of correspondence with Treasury as to 
 loans, kc. .... 
 
 INTERPRETATION CLAUSE : 
 as to construction of terms of 
 
 INTIMIDATION: 
 
 when generaf, avoids election 
 
 ISSUE; 
 
 ■when municipal petition is at 
 
 JOINT COMMITTEE: 
 
 county horoughs may appoint, to act 
 with other authorities 
 
 JOINT OCCUPIER: 
 
 how entitled to claim to be a burgess as 
 
 JUDGES : 
 
 on the rota, upon receiving list of petitions, 
 to detei'mitie number of barristers to 
 try same and to make appointments and 
 to assign petitions to . 
 
 may make, revoke, or alter general rules 
 applicable to municipal elections 
 
 JURIES : 
 
 provision as to, in boroughs . 
 exemptions from ser\'iiig on . 
 persons not answering to summons to 
 
 serve on, may be fined 
 saving as to Juries Act, 1870 . 
 
 JURISDICTION • 
 
 of mayor 
 
 borough justices 
 county justices 
 recorder 
 quarter sessions. 
 
 JUSTICES {See also Borough Justices- 
 Mayor — Recorder, Sic.) : 
 meaning of term ..... 
 administration of . 
 form of declaration by on accepting office 
 
 JUSTICE ROOM: 
 
 as to borrowing money to build, repaij-, 
 &c. ....... 
 
 Sec. 
 
 Subsoc! Para. Sched. 
 
 Part. Para. 
 
 173 
 39 
 
 233 
 
 23G 
 
 7 
 
 81 
 00 
 
 92 
 100 
 
 18G 
 
 186 
 186 
 
 \ 155 
 
 1.58 
 
 I54 
 
 1C5 
 
 165 
 
 7 
 158 
 
 120 
 
 1 
 
 1-7 
 1-2 
 
 1 
 
 7 
 9 
 
 6 
 2 
 1 
 1 
 1 4 
 3 
 
 b 
 a-b 
 
 B 
 
 Page. 
 
 67 
 
 75 
 
 191 
 
 162 
 
 53 
 
 188-9 
 190 
 
 25-6 
 
 86 
 
 90 
 
 301 
 28 
 
 91 
 100 
 
 157 
 167 
 
 158 
 159 
 
 35 
 
 140 
 141 
 139 
 146-8 
 146 
 
 25 
 141 
 203 
 
 113
 
 GENERAL INDEX. 
 
 341 
 
 JUSTICE 'ROO^l— continued. 
 
 council of borough to provide a suitable . 
 no room in house licensed for sale of 
 intoxicating liquors to be used as 
 
 KINGSTON-UPON-HULL : 
 
 county of, to be considered as joining 
 Yorkshire for the purpose of criminal 
 trials ....... 
 
 LAND : 
 
 council 
 
 may purchase for municipal 
 
 buildings 
 may borrow money for purchasing . 
 may be purchased by council with con 
 
 sent of Local Government Board 
 provisions of Lands Clauses Consolida 
 
 tion Act to apply in purchase of 
 council not to sell, &c., unless authorized 
 
 by Parliament on the consent of Local 
 
 Government Board .... 
 
 LAND CLAUSES ACT, 1845 : 
 
 words of section 15 of, as to prohibition 
 of Municipal Councils to alienate 
 property ...... 
 
 LANDS CLAUSES CONSOLIDATION 
 ACT: 
 purchase of land by council to be under 
 its provisions ..... 
 
 LANDLORD (AND TENANT) : 
 liability for rates, of 
 
 see 
 
 LAND TAX : 
 
 nothing in Act to affect assessments of, 
 charged on a county .... 
 
 LARCENY ACT, 1861 : _ 
 
 persons guilty of misdemeanour to be 
 subject to provisions of (section 75) 
 
 LAW: 
 
 questions of, may be reserved upon trial 
 of a petition ..... 
 
 LEASES : 
 
 power of council to lease property and 
 conditions of .... . 
 
 LEGAL PROCEEDINGS : 
 
 as to 
 
 LICENSING ACT, 1828 : 
 " explanation of terms in . 
 
 Sec. Subsec. 
 
 160 
 160 
 
 188 
 
 105 
 106 
 
 107 
 
 107 
 
 108 
 
 107 
 32 
 
 228 
 
 117 
 
 93 
 
 108 
 219 
 246 
 
 1-3 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 ab 1-3 
 
 Page. 
 
 143 
 143 
 
 160 
 
 103 
 103 
 
 103 
 
 105 
 
 105 
 
 106 
 
 105 
 48 
 
 186 
 
 111 
 
 93 
 
 105 
 180 
 193
 
 342 
 
 THE EXGLiaU MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subscc. 
 
 Para. 
 
 ! Sched. 
 
 1 
 
 Part. 
 
 Para. 
 
 P'Ke. 
 
 LIMITATION OF ACTIONS, &c. : 
 
 
 
 
 
 
 
 
 three months against office holders for 
 
 
 
 
 I 
 
 
 
 
 neglect of duties .... 
 
 75 
 
 3 
 
 . . 
 
 
 , , 
 
 , , 
 
 81 
 
 twelve months for quo warranto against 
 
 
 
 
 1 
 
 
 
 
 disqualified holders of office 
 
 225 
 
 1 
 
 , , 
 
 , ^ 
 
 , , 
 
 , , 
 
 182 
 
 six months against persons acting under 
 
 
 
 
 
 
 
 
 this Act 
 
 223 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 . , 
 
 183 
 
 LISTS (See also Burgess Lists— Burgess 
 
 
 
 
 
 
 
 
 Roll, &c.) : 
 
 
 
 
 1 
 
 
 
 
 of burgesses, provisions as to 
 
 44-9 
 
 , , 
 
 , , 
 
 
 ^ , 
 
 • • 
 
 67-64 
 
 non-residents qualified to be councillors 
 
 49 
 
 1-3 
 
 
 
 
 , , 
 
 64 
 
 municipal election petitions to be sent 
 
 
 
 
 1 
 
 
 
 
 to judges on rota .... 
 
 91 
 
 4 
 
 , , 
 
 
 • • 
 
 , , 
 
 91 
 
 freemen, how to be made 
 
 203 
 
 , , 
 
 ,. 
 
 
 
 ^ ^ 
 
 168 
 
 claimants, form of .... 
 
 
 , , 
 
 
 's 
 
 2 
 
 F 
 
 204 
 
 objections, form of . . 
 
 , , 
 
 , , 
 
 , J 
 
 8 
 
 2 
 
 G 
 
 205 
 
 LOANS : 
 
 
 
 
 1 
 1 
 
 
 
 
 conditions of contracting, subject to 
 
 
 
 
 1 
 
 
 
 
 approval of Treasury 
 
 112 
 
 1-2 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 108 
 
 from Public Works Loan Commissioners, 
 
 
 
 
 
 
 
 
 for building, enlarging, &c., buildings 
 
 120 
 
 , , 
 
 • • 
 
 
 
 
 113 
 
 LOCAL ACTS : 
 
 
 
 
 1 
 
 
 
 
 transfer of powers of certain authorities 
 
 
 
 
 1 
 
 
 
 
 under, to the council .... 
 
 136 
 
 1 
 
 , , 
 
 • ■ 
 
 , ^ 
 
 , , 
 
 124 
 
 provisions as to . 
 
 136 
 
 2-3 
 
 , , 
 
 ■ • 
 
 , ^ 
 
 , , 
 
 125 
 
 nothing in Act to alter effect of 
 
 251 
 
 , , 
 
 , ^ 
 
 
 
 • • 
 
 196 
 
 LOCAL AUTHORITY : 
 
 
 
 
 
 
 
 
 meaning of, under Public Health Act, 
 
 
 
 
 
 
 
 
 as regards grant of charter 
 
 213 
 
 6 
 
 , , 
 
 • • 
 
 
 ,. 
 
 176 
 
 meaning of district of . 
 
 213 
 
 7 
 
 , , 
 
 
 • • 
 
 
 176 
 
 LOCAL GOVERNMENT (ENGLAND 
 
 
 
 
 
 
 
 
 AND WALESJ ACT, 1888 : 
 
 
 
 
 
 
 
 
 abstract of . . . . . 
 
 ., 
 
 • • 
 
 
 
 
 
 286 
 
 LOCAL GOVERNMENT BOARD : 
 
 
 
 
 
 
 
 
 town clerk to make return to, of receipts 
 
 
 
 
 
 
 
 
 and expenditure ..... 
 
 28 
 
 1 
 
 
 
 • • 
 
 • • 
 
 44 
 
 ■what dates returns to be made to . 
 
 28 
 
 2 
 
 • • 
 
 
 
 
 44 
 
 may direct form and contents of return . 
 
 28 
 
 3 
 
 
 • • 
 
 .. 
 
 
 45 
 
 •when return is to be sent to . 
 
 28 
 
 4 
 
 
 
 
 
 45 
 
 to prepare an abstract of returns under 
 
 
 
 
 
 
 
 
 general heads, for presentation to 
 
 
 
 
 
 
 
 
 Parliament . .... 
 
 28 
 
 6 
 
 • • 
 
 
 
 
 45 
 
 approval of, to be substituted for 
 
 
 
 
 
 
 
 
 Treasury in respect of corporate pro- 
 
 
 
 
 
 
 
 
 perty and liabilities .... 
 
 • • 
 
 
 
 
 
 
 103 
 
 to be substituted for Treasury through- 
 
 
 
 
 
 
 
 
 out Part IV. of this Act . 
 
 .. 
 
 
 
 
 
 
 103 
 
 LONDON GAZETTE : 
 
 
 
 
 
 
 
 
 schemes upon grant of new charters to be 
 
 
 
 
 
 
 
 
 publislied in .... . 
 
 213 
 
 3 
 
 
 
 
 
 175 
 
 LUNACY : 
 
 
 
 
 
 
 
 
 an exemption from serving corporate 
 
 
 
 
 
 
 
 
 office 
 
 34 
 
 3 
 
 a 
 
 
 
 
 50 
 
 LUNATIC ASYLUMS : 
 
 
 
 
 
 
 
 
 of county, to bo deemed to be within 
 
 
 
 
 
 
 
 
 county of, notwithstanding alteration, 
 
 
 
 
 
 
 
 
 &e., of borough boundaries 
 
 228 
 
 3 
 
 
 • • 
 
 
 • • 
 
 186 
 
 MAGISTRATES {Hve Borough Justices 
 
 
 
 
 
 
 
 
 Justices — Mayor — Recorder, &c.) : 
 
 
 
 
 
 

 
 GENERAL INDEX. 
 
 343 
 
 MAJORITY : 
 
 of members of the council present and 
 voting, to decide all questions, &c. 
 
 of two-thirds necessary for sanction to a 
 scheme for dividing borough into 
 wards, or re-arranging wards 
 
 MANDAMUS : 
 
 a person whose claim, to be burgess roll 
 
 is rejected or name expunged upon 
 
 revision, may apply for 
 if granted, how name is to be inserted . 
 when it may be granted for the holding 
 
 of a municipal election 
 as to applications for, to proceed to 
 
 election of corporate officers 
 
 MARRIAGE : 
 
 occupation by, effect of . 
 
 rights of freemen by ... . 
 
 MARRIAGE SETTLEMENT: 
 occupation by, effect of . 
 
 MASCULINE GENDER : 
 
 how use of is to be construed . 
 
 MAYOR [see Borough Justices — Council — 
 Ex-Mayor — and other heads) : 
 to be elected from the council or persons 
 
 qualified to be councillors . 
 an outgoing alderman eligible as . 
 term of office of ... . 
 may receive remuneration as council 
 
 think reasonable, 
 precedence of . 
 
 powers of .... . 
 may appoint deputy during absence or 
 
 illness. ..... 
 
 ai^pointment of deputy by, to be signified 
 
 to the council in writing 
 to be returning officer of new wards 
 fine upon for not accepting office . 
 disqualification by bankruptcy, &c., of 
 by being absent from the borough (except 
 
 for illness) more than two months, lia 
 
 bility to fine, of, for absence 
 if mandamus granted to insert a name in 
 
 the burgess roll, and how to enter it 
 to be returning officer for borough with 
 
 out wards ..... 
 an outgoing alderman may be elected 
 his duties upon election of aldermen 
 to read voting papers, and to deliver 
 
 them to town clerk 
 to have a casting vote . 
 the day of election of, to be the 9th of 
 
 November ..... 
 election of, to be the first business trans 
 
 acieQ .*.... 
 
 Sec. Subsec, 
 
 30 
 
 47 
 
 47 
 
 70 
 9.'2,T 
 
 33 
 
 204 
 
 33 
 
 63 
 
 15 
 15 
 15 
 
 15 
 15 
 
 15 
 
 16 
 
 16 
 30 
 34 
 39 
 
 39 
 
 47 
 
 53 
 
 60 
 60 
 
 60 
 60 
 
 61 
 
 61 
 
 2 
 3 
 
 2 
 <> 
 
 Para. 
 
 1 
 
 2 
 3 
 
 4 
 
 5 
 6 
 
 1 
 
 3 
 
 1 
 3 
 
 4-7 
 
 5 
 6 
 
 I 
 
 o 
 
 Sched. Part, 
 
 Para. 
 
 Page. 
 
 10 
 
 40 
 
 46 
 
 62 
 63 
 
 78 
 
 183 
 
 49 
 169 
 
 49 
 
 77 
 
 34 
 34 
 34 
 
 35 
 35 
 35 
 
 35 
 
 35 
 47 
 50 
 52 
 
 53 
 63 
 
 65 
 
 74 
 74-5 
 
 75 
 75 
 
 75 
 
 76
 
 6U 
 
 TEE ENGLISH MUXICIPAL COLE. 
 
 UAYOYi—eonlmiied. 
 
 un outgoing alderman may vote for 
 
 casual vacancy in ollice of, when to bo 
 filled up ..... . 
 
 in case ol death of, town clerk to give 
 notice of niLuting to elect successor . 
 
 to select day of election for filling up 
 casual vacancy . . . . . 
 
 if dead, or absent, or incapable of acting 
 as to elections, the couucil to choose 
 an alderman to execute duties . 
 
 to appoint an alderman for a ward 
 election in case of alderman of ward 
 first appointed being unable to act 
 
 to select the ward for which a person to 
 Borve, if elected for more than one 
 ■ward, and person elected omits to 
 select ....... 
 
 fine uijon, for refusing, &c. , to conduct 
 or declare an election 
 
 to sign and issue warrant for levying 
 borough rate ..... 
 
 to be borough justice during mayoralty 
 and one year after .... 
 
 precedence of as justice .... 
 
 powers of, in absence of recorder and 
 deputy recorder . , . . . 
 
 may not sit as judt;;e of quarter sessions 
 for trial of offenders .... 
 
 any warrrant required for levy of watch- 
 rate may bo issued by ... 
 
 to be returning ofiicer at parliamentary 
 elections in borough, not a county of 
 a city or town ..... 
 
 where more than one, which is to be 
 returning officer at parliamentary 
 election ...... 
 
 where incapacitated, or none, council to 
 choose alderii,an to bo leturning officer 
 
 As TO Council Meetings. 
 
 may at any time call a meeting of the 
 
 council ...... 
 
 how if upon requisition he refuses to call 
 
 meeting ...... 
 
 to be chairman of the council 
 
 how, if ho is absent .... 
 
 to have a second or casting vote 
 
 As TO Revision*. 
 
 (Old (wo assessors to revise parish burgess 
 
 list ....... 
 
 to hold open court bettveen 1st and l\th Oct. 
 
 to give three clear days' notice of revision . 
 
 duties of, upon the revision 
 
 may examine parties upon oath at 
 
 to determine in open court validity of 
 
 claims and objections .... 
 to tcritc his initials in certain cases . 
 to sign his name to lists .... 
 
 Seo. 
 
 61 
 66 
 66 
 66 
 
 68 
 
 75 
 
 148 
 
 loo 
 165 
 
 167 
 
 167 
 
 199 
 
 244 
 
 244 
 
 244 
 
 Subsoc. 
 
 Para. 
 
 Sched. 
 
 3 
 1 
 2 
 3 
 
 2 
 3 
 
 Part. 
 
 Para. 
 
 2 
 2 
 2 
 2 
 
 3 
 3 
 
 3 
 3 
 3 
 
 3 
 3 
 3 
 
 4 
 
 9 
 
 9 
 
 11 
 
 9 
 10 
 11 
 9-25 
 22 
 
 23 
 24 
 24 
 
 • See the County Electors Act, 1888, which placed revision under the same authority as for parUamcntary 
 
 elections.
 
 GENERAL INDEX. 
 
 345 
 
 MAYOR— conlinticd. 
 
 may adjourn the court from time to time, 
 hut not after the \hth Oct. . 
 
 As TO PiLEtTIONS. 
 
 duties of, upon nomination of candidates 
 as councillors ..... 
 
 ■who may attend proceedings before 
 
 decision of, to be given in writing, and 
 how it is to apply .... 
 
 to give public notice of the situation, &c. 
 of polling places, and description of, to 
 persons entitled to vote at tiie respec- 
 tive polling places .... 
 
 to provide for the taking of the poll and 
 appoint officers ..... 
 
 to furnish polling stations with proper 
 compartments ..... 
 
 MEDICAL AND SUKGICAL RELIEF : 
 not a disqualiti cation if received from 
 trustees of municipal charities 
 
 MEETINGS OF COUNCIL {See Casting 
 Vote— Council — ISIayor, &c.) : 
 procedure generally at . 
 as to quarterly ..... 
 procedure in case mayor refuses to call . 
 how to be summoned, and notice of. 
 questions at, how to be decided 
 minutes of, how to be kept 
 
 MILITARY AND NAVAL OFFICERS : 
 
 saving ia Act, as to 
 
 MINISTER OF A DISSENTING CON- 
 GREGATION • 
 
 disquiiiitied for being elected a borough 
 councillor ...... 
 
 MINUTES : 
 
 of proceedings of council and committees 
 to be drawn up and entered iu a book 
 and signed 
 
 how and by whom to be signed 
 
 MISAPPLICATION: 
 
 of corporate funds upon Parliamentary 
 elections ...... 
 
 MISAPPROPRIATION : 
 
 as to, of money arising from sale, &c. 
 annuities, &c. ..." 
 
 of 
 
 MISCONDUCT {See Corporate Officers under 
 their respective titles) : 
 
 MISDEMEANOR : 
 
 a burgess at an election giving false 
 answers to questions put to him by 
 presiding officer to be guilty of . . 
 
 with reference to nomination papers 
 
 Sec. 
 
 Subseci Para, 
 
 33 
 
 253 
 
 12 
 
 22 
 
 124 
 
 117 
 
 59 
 
 74 
 
 1-9 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 3 
 
 1 
 
 25 
 
 3 
 
 2 
 
 9 
 
 3 
 
 2 
 
 12 
 
 3 
 
 2 
 
 14 
 
 3 
 
 3 
 
 2 & 5 
 
 3 
 
 3 
 
 1 & 3 
 
 3 
 
 3 
 
 4 
 
 Sec also Appendix.) 
 
 1-13 
 
 1 
 
 4 
 
 5 
 10 
 12 
 
 12 
 
 Page. 
 
 60 
 
 68 
 68 
 
 68 
 
 72 
 72 
 72 
 
 48 
 
 39-40 
 39 
 39 
 39 
 40 
 40 
 
 197 
 
 31 
 
 40 
 41 
 
 116-17 
 
 111 
 
 74 
 80
 
 34ij 
 
 THE EyGLlSE MUMCU'AL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 MISNO^IER: 
 
 
 
 
 
 
 
 or inaccurate description not to hinder 
 
 
 
 
 
 
 
 
 full operation of Act .... 
 
 241 
 
 
 
 
 
 
 191 
 
 MISTAKES : 
 
 
 
 
 
 
 
 
 in use of forms, not to invalidate election 
 
 
 
 
 
 
 
 
 in certain cases ..... 
 
 72 
 
 
 
 
 
 
 79 
 
 MORTGAGE DEBTS: 
 
 
 
 
 
 
 
 
 as to schemes respecting debts incurred 
 
 
 
 
 
 
 
 
 before 1860 
 
 126 
 
 
 
 
 
 
 118 
 
 MORTMAIN : 
 
 
 
 
 
 
 
 
 corporation cannot ptirchase lands in fee 
 
 
 
 
 
 
 
 
 except by special statute see foot note 
 
 
 
 
 . . 
 
 
 
 103 
 
 MUNICIPAL CORPORATION : 
 
 
 
 
 
 
 
 
 interpretation of term 
 
 t 
 
 1 
 
 
 
 , , 
 
 , , 
 
 25 
 
 name of 
 
 8 
 
 
 
 
 . . 
 
 
 27 
 
 MUNICIPAL CORPORATIONS ACT, 1883 
 
 . . 
 
 . . 
 
 
 . . 
 
 
 . . 
 
 242 
 
 MUNICIPAL ELECTION {See also Council 
 
 
 
 
 
 
 
 
 — Councillors — Election &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 , , 
 
 
 
 
 25 
 
 not to be hell in any church, chapel, or 
 
 
 
 
 
 
 
 
 jilace of worship .... 
 
 C9 
 
 , , 
 
 . , 
 
 , , 
 
 • • 
 
 , , 
 
 78 
 
 if not held on appointed day or time, to 
 
 
 
 
 
 
 
 
 be held next day , . . . 
 
 70 
 
 1 
 
 , , 
 
 . , 
 
 , , 
 
 , , 
 
 78 
 
 if not held at appointed time, corporation 
 
 
 
 
 
 
 
 
 not to be disHolvcd .... 
 
 70 
 
 2 
 
 , , 
 
 , , 
 
 ^ , 
 
 
 78 
 
 if held under authority of a mandamus. 
 
 
 
 
 
 
 
 
 notice to be given .... 
 
 70 
 
 2 
 
 , , 
 
 , , 
 
 , , 
 
 
 78 
 
 procedure for, under authority of man- 
 
 
 
 
 
 
 
 
 damus ...... 
 
 70 
 
 3 
 
 
 
 
 • • 
 
 79 
 
 not to be questioned after lapse of twelve 
 
 
 
 
 
 
 
 
 months ...... 
 
 73 
 
 . . 
 
 , , 
 
 , , 
 
 
 , , 
 
 79 
 
 xchen avoided hj general corruption, 
 
 
 
 
 
 
 
 
 bribery, treating, or intimidation . 
 
 81 
 
 
 
 .. 
 
 
 
 86 
 
 MUNICIPAL ELECTION PETITION {See 
 
 
 
 
 
 
 
 
 Petition) : 
 
 
 
 
 
 
 
 
 meaning of term .... 
 
 77 
 
 
 
 
 
 
 84 
 
 MUNICIPAL ELECTIONS (CORRUPT & 
 
 
 
 
 
 
 
 
 ILLEGAL PRACTICES) ACT, 1884 . 
 
 . . 
 
 
 
 • « 
 
 
 
 255 
 
 MUNICIPAL REGlSTlfATTON ACT, 1878: 
 
 
 
 
 
 
 
 
 as to abolition of office of assessor,* in 
 
 
 
 
 
 
 
 
 lioroughs included in area of a Par- 
 
 
 
 
 
 
 
 
 liamentary borough (section 20) 
 
 . . 
 
 , , 
 
 . , 
 
 . , 
 
 • • 
 
 . . 
 
 45 
 
 provisions for, and method of, revising 
 
 
 
 
 
 
 
 
 burgess lists in municipal boroughs 
 
 
 
 
 
 
 
 
 within a parliamentary borough 
 
 
 
 
 
 
 
 
 (sections 15 to 23) .... 
 
 , , 
 
 . , 
 
 . . 
 
 , . 
 
 
 . . 
 
 67-9 
 
 as to duplicate lists under (section 31) . 
 
 ■ • 
 
 , , 
 
 
 
 
 . . 
 
 61 
 
 as to alterations and corrections under 
 
 
 
 
 
 
 
 
 (section 3o) . .... 
 
 . , 
 
 . . 
 
 
 
 
 
 62 
 
 as to division of expenses under 
 
 
 
 
 
 
 
 
 (section 30) 
 
 
 
 ^ 
 
 •• 
 
 •• 
 
 •• 
 
 63 
 
 MUNICIPAL VOTERS RELIEF ACT, 1885 
 
 .. 
 
 
 
 
 
 
 275 
 
 MUNICIPALITIES?, THE ENGLISH {See 
 
 
 
 
 
 
 
 
 also Corporations) : 
 
 
 
 
 
 
 
 
 nature and constitution of . . . 
 
 , , 
 
 . , 
 
 . . 
 
 , . 
 
 
 
 1 
 
 history of 
 
 
 
 
 
 • • 
 
 • • 
 
 3 
 
 • As to abolition of assessors in other boroughs see the County Electors Act, lt-89, at page 285.
 
 GENERAL INDEX. 
 
 347 
 
 MUNICIPALITIES, THE ENGLISH— cow- 
 
 tinued. 
 
 Sec. 
 
 list of English and Welsh 
 
 NAME : 
 
 of mxinicipal corporation 
 
 NEW CHARTER {See Charter— Grant, &c.) : 
 proceedings for scheme on grant of 
 
 NEWCASTLE-UPON-TYNE: 
 
 county of, to be considered as joining 
 Northumberland for the purpose of 
 criminal trials ..... 
 
 NEWSPAPERS : 
 
 proprietors of, not to be disqualified for 
 corporate office by reason of advertise- 
 ments appearing therein 
 
 NINTH OF NOVEMBER: 
 
 to be the first day of a quarterly meeting 
 for municipal year .... 
 
 NOMINATION : 
 
 of councillors to be in accordance with 
 
 rules in Part 2 of Third Schedule 
 of candidates as councillors, how if 
 
 number exceeds vacancies . 
 how, if number is the same as the 
 
 vacancies ...... 
 
 if number nominated is less than 
 
 the vacancies ..... 
 if no person is nominated 
 must be in writing. . . . . 
 
 must be subscribed by two burgesses of 
 
 the borough, or the ward as proposer 
 
 and seconder, and eight other assenting 
 
 burgesses ...... 
 
 each candidate to be nominated by 
 
 separate paper ..... 
 as to who may be put in. 
 paper to state surname and other 
 
 names of candidate, and his abode and 
 
 description ..... 
 
 town clerk to provide nomination papers, 
 
 supply any burgess with same, and 
 
 fill them up if requested 
 paper to be delivered by candidate or 
 
 proposer or seconder, and when . 
 town clerk to send notice of, to candidates 
 mayor to attend to receive nomination 
 
 papers, and to decide upon validity of . 
 subscription of person to nomination 
 
 papers inoperative in all except first 
 
 delivered ...... 
 
 candidate, &c., may appoint person to 
 
 attend proceedings before the mayor . 
 who may attend before the mayor at 
 
 Subsec, 
 
 12 
 
 55 
 
 56 
 
 56 
 
 56 
 56 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1-9 
 
 6 
 
 3 
 3 
 
 10 
 
 11 
 12 
 
 Page. 
 
 •^38-41 
 
 27 
 177 
 
 160 
 
 32 
 
 39 
 
 66 
 
 70 
 
 70 
 
 70 
 71 
 
 66 
 
 67 
 
 67 
 67 
 
 67 
 
 67 
 
 67 
 68 
 
 68 
 
 63 
 
 68 
 68
 
 348 
 
 THE EXGLISn MVNICIFAL CODE. 
 
 
 1 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 NOMINATION— roM/.ww^. 
 
 
 
 
 
 
 
 as to objections by candidates or thtir 
 
 
 
 
 
 
 
 
 representatives at a . . . 
 
 • • 
 
 • • 
 
 • ■ 
 
 3 
 
 2 ' 
 
 13 
 
 68 
 
 mayor's decision to be given in -writing, 
 
 
 
 
 , 
 
 
 1 
 
 
 as to, and to be final if allowing 
 
 • ■ 
 
 • • 
 
 
 3 
 
 2 
 
 14 
 
 C8 
 
 town clerk to cause names of candidates, 
 
 
 
 I 
 
 
 
 
 
 &c., to be printed and affixed to the 
 
 
 
 ! 
 
 
 
 
 
 town hall or in the ward . 
 
 , , 
 
 • « 
 
 ,. 
 
 3 
 
 2 
 
 15 
 
 69 
 
 as to, of persons absent from the 
 
 
 
 
 
 
 
 
 country . . .... 
 
 ■ • 
 
 • • 
 
 
 3 
 
 2 
 
 16 
 
 69 
 
 as to a candidate withdrawing where the 
 
 
 
 
 
 
 
 
 number nominated exceeds the number 
 
 
 
 
 
 
 
 to be elected 
 
 ^ , 
 
 • . 
 
 
 3 
 
 2 
 
 17 
 
 69 
 
 the burgess roll in force on day of elec- ' 
 
 
 
 
 
 
 1 
 
 
 tion to be that for purposes of . 
 
 • • 
 
 •• 
 
 
 3 
 
 2 
 
 18 i 
 
 69 
 
 N05IINATI0N PAPER (See Nomination): 
 
 
 
 i 
 
 t 
 
 
 
 
 
 a burgess entitled to sign or subscribe . 
 
 51 
 
 1 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 64 
 
 in more than one may not be subscribed 
 
 51 
 
 2 
 
 « • 
 
 , , 
 
 , , 
 
 , , 
 
 65 
 
 offences in reference to . 
 
 74 
 
 1 
 
 
 , , 
 
 • • 
 
 , , 
 
 80 
 
 form of ...... 
 
 • • 
 
 • • 
 
 •• 
 
 8 
 
 2 
 
 I 
 
 206 
 
 NON-ACCliPTANCE OF OFFICE (See 
 
 
 
 
 
 
 
 
 Mayor — Aldermen — Councillors, kc) : 
 
 
 
 
 
 
 
 
 creates a casual vacancy 
 
 40 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 •• 
 
 6G 
 
 NON-RESIDENCE : 
 
 
 
 
 
 
 
 
 ■when it avoids office .... 
 
 11 
 
 4 
 
 • t 
 
 • • 
 
 • • 
 
 • • 
 
 31 
 
 NON-RESIDENTS' LIST : 
 
 
 
 
 
 
 
 
 separate, to be of those persons qualified 
 
 
 
 
 
 
 
 
 to be elected as councUlora 
 
 49 
 
 1-3 
 
 • • 
 
 • • 
 
 • • 
 
 " 
 
 64 
 
 NOTICE : 
 
 
 
 
 
 
 
 
 of election of councillors to be given by 
 
 
 
 
 
 
 
 
 town clerk nine diys before 
 
 54 
 
 , , 
 
 , , 
 
 * « 
 
 , , 
 
 , , 
 
 6( 
 
 any requin d to be given in connection 
 
 
 
 
 
 
 
 
 with ward elections, may comprise 
 
 
 
 
 
 
 
 
 matter necessary for several wards . 
 
 65 
 
 • • 
 
 t • 
 
 • • 
 
 • • 
 
 
 t: 
 
 to be given to town clurk by two bur- 
 
 
 
 
 
 
 
 
 gesses of vacancy in othce of councillor 
 
 
 
 
 
 
 
 
 or auditor 
 
 66 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 7' 
 
 of vacancy of office of mayor to be signed 
 
 
 
 
 
 
 
 
 by town c crk 
 
 66 
 
 2 
 
 , , 
 
 • • 
 
 • • 
 
 • • 
 
 U 
 
 to be given to persons elected for more 
 
 
 
 
 
 
 
 
 than one ward, to select for which ward 
 
 
 
 
 
 
 
 
 they will serve ..... 
 
 68 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 . . 
 
 n 
 
 of tlio holding of municipal election 
 
 
 
 
 
 
 
 
 under a \\ritof mandamus 
 
 70 
 
 2 
 
 • • 
 
 • • 
 
 
 
 7J 
 
 of petition and nature of security and 
 
 
 
 
 
 
 
 
 cepy of petition ..... 
 
 89 
 
 3 
 
 • • 
 
 • • 
 
 
 t • 
 
 8{ 
 
 of the time and place of a trial to be 
 
 
 
 
 
 
 
 
 given . . . _. . 
 
 93 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 9J 
 
 of intention to withdraw petition 
 
 96 
 
 1-2 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 9( 
 
 of abatement of petition 
 
 96 
 
 1-3 
 
 • • 
 
 • • 
 
 , , 
 
 •• 
 
 9' 
 
 when respondent does not intend to 
 
 
 
 
 
 
 
 
 oppose petition ..... 
 
 97 
 
 2 
 
 • • 
 
 
 
 
 9{ 
 
 fixture of, on town hall .... 
 
 232 
 
 
 
 • • 
 
 ' ' 
 
 • • 
 
 18i
 
 GENERAL IXBEX. 
 
 349 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 NOTICE— continued. 
 
 
 
 
 
 
 
 
 to he given of meetings 
 
 , . 
 
 • • 
 
 , , 
 
 2 
 
 
 5-6 
 
 39 
 
 the Lusiness to be transacted to be 
 
 
 
 
 
 
 
 
 specified ...... 
 
 
 C . 
 
 . . 
 
 2 
 
 * . 
 
 6 
 
 39 
 
 how to be delivered .... 
 
 .. 
 
 • • 
 
 
 2 
 
 . • 
 
 6 
 
 39 
 
 with reftrence to the nomination of 
 
 
 
 
 
 
 
 
 candidates . . . . . 
 
 
 
 . . 
 
 3 
 
 2 
 
 8 
 
 68 
 
 by the mayor of the situation, division, 
 
 
 
 
 
 
 
 
 &c., of pollir.g places 
 
 • • 
 
 • • 
 
 
 3 
 
 3 
 
 2 
 
 72 
 
 of claim, form of ..... 
 
 , , 
 
 • • 
 
 
 8 
 
 2 
 
 D 
 
 204 
 
 otjtction, form of ... . 
 
 , , 
 
 . , 
 
 . * 
 
 8 
 
 2 
 
 E 
 
 204 
 
 election, form of .... 
 
 •• 
 
 •• 
 
 •• 
 
 8 
 
 2 
 
 H 
 
 205 
 
 NUISANCES : 
 
 
 
 
 
 
 
 
 bye-laws and fines for prevention and 
 
 
 
 
 
 
 
 
 suppression of ... . 
 
 23 
 
 1-5 
 
 •• 
 
 •• 
 
 •• 
 
 •• 
 
 42-3 
 
 OATHS: 
 
 
 
 
 
 
 
 
 as to judicial, of mayor . . .see 
 
 . . 
 
 , • 
 
 • • 
 
 
 
 .. 
 
 141 
 
 power to administer, declarations, &c. . 
 
 239 
 
 1 
 
 • t 
 
 . . 
 
 
 
 191 
 
 
 • • 
 
 •• 
 
 •• 
 
 •• 
 
 •• 
 
 
 141 
 
 OBJECTION: 
 
 
 
 
 
 
 
 
 form of, notice of . 
 
 • • 
 
 •• 
 
 • • 
 
 8 
 
 2 
 
 E 
 
 204 
 
 OBJECTIONS, LIST OF : 
 
 
 
 
 
 
 
 
 form of . . . . • . 
 
 • • 
 
 • • 
 
 •• 
 
 8 
 
 2 
 
 G 
 
 206 
 
 OCCUPATION : 
 
 
 
 
 
 
 
 
 of what i^remises to qualify . 
 
 9 
 
 2 
 
 h 
 
 
 . . 
 
 • • 
 
 28 
 
 successive and by descent 
 
 33 
 
 1 
 
 • • 
 
 •• 
 
 •• 
 
 •• 
 
 49 
 
 OCCUPIERS: 
 
 
 
 
 
 
 
 
 may claim to be rated .... 
 
 32 
 
 1 
 
 , , 
 
 • • 
 
 • • 
 
 . , 
 
 48 
 
 owners to be rated instead of, in certain 
 
 
 
 
 
 
 
 
 cases ....... 
 
 147 
 
 •• 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 134 
 
 OFFENCES : 
 
 
 
 
 
 
 
 
 forging, &c., nomination paper at elec- 
 
 
 
 
 
 
 
 
 tion ....... 
 
 74 
 
 1 
 
 . , 
 
 , , 
 
 , , 
 
 ■ • 
 
 80 
 
 upon ivhii-h disfranchisement will follow . 
 
 79 
 
 1 
 
 a-d 
 
 • • 
 
 
 t • 
 
 84 
 
 as to trial of when committed in certain 
 
 
 
 
 
 
 
 
 counties of cities and towns 
 
 188 
 
 1-2 
 
 • • 
 
 • • 
 
 , , 
 
 • • 
 
 159-60 
 
 cognisable by borough quarter sessions . 
 
 165 
 
 3* 
 
 • • 
 
 •• 
 
 •• 
 
 • • 
 
 146-7 
 
 OFFICE CORPORATE : 
 
 
 
 
 
 
 
 
 persons elected to, to accept same or be 
 
 
 
 
 
 
 
 
 li ible to a fine ..... 
 
 34 
 
 1 
 
 • , 
 
 , , 
 
 . , 
 
 • • 
 
 50 
 
 declaration upon accepting . 
 
 • • 
 
 • • 
 
 • • 
 
 8 
 
 1 
 
 A 
 
 203 
 
 OFFICE OF PROFIT : 
 
 
 
 
 
 
 
 
 holders of, save mayor or sheriff, may 
 
 
 
 
 
 
 
 
 not be members of council . 
 
 12 
 
 1 
 
 a 
 
 • • 
 
 • • 
 
 • • 
 
 31 
 
 sheriffwick is not an . . . see 
 
 • • 
 
 • • 
 
 •' 
 
 •• 
 
 • • 
 
 • • 
 
 151 
 
 OFFICERS {see also Clerk of the Peace- 
 
 
 
 
 
 
 
 
 Coroner — Mayor — Recorder — Town 
 
 
 
 
 
 
 
 
 Clerk — Treasurer, &c.) : 
 
 
 
 
 
 
 
 
 neglect of duty by fine f or . 
 
 99 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 99 
 
 * See footnote following this subsection.
 
 360 
 
 THE ENGLISn jVUXICIPAL CODE. 
 
 
 8ec. 
 
 Suljsec. 
 
 Para. 
 
 Bched. 
 
 Part. 
 
 1 
 Para. 
 
 PaKe. 
 
 OFFICERS— iconiimicd) : 
 
 may be ( mployed by elpction court 
 remunpration to, to bo fixi'd by judges, 
 
 subject to approval ol' Tieasnry . 
 may be appointed by town council . 
 remuneration of ... . 
 
 to give security 
 
 to deliver true accounts, &e. . 
 
 to pay all moneys received to the 
 
 treasurer, or as council may direct 
 penalty upon for neglect or refusal 
 
 OFFICIAL OATHS : 
 
 by whom to be taken .... 
 
 OPEN COURT : 
 
 an election petition to be tried in . 
 
 ORDER: 
 
 of election court for pajTnent of 
 remuneration, &c., of town clerk 
 for receiving the election court, 
 and for repayment of expenses by 
 petition on respondent in certain 
 cases ....... 
 
 ORDER IN COUNCIL (PRIVY) : 
 
 must be obtained for a borough to be 
 
 divided into wards, or to alter the 
 
 number and boundaries of wards 
 
 proceedings upon ..... 
 
 grant of quarter sessions may be revoked 
 
 by 
 
 ORDERS : 
 
 for payment of money out of borough 
 
 f imd may be removed 
 under Act not removable by certiorari . 
 
 OVERSEERS : 
 
 Interpretation of term .... 
 
 to put occupier's name on rate book upon 
 claim made by occupier 
 
 to make list of persons entitled in respect 
 of the occupation of propertv in the 
 parish to be elected councillors as 
 being resident within fifteen miles, 
 although beyond seven miles from the 
 borough ..... 
 
 provisions of Act as to claims and objec- 
 tions to apply to such lists 
 
 town clerk to arrange names in a sopai ate 
 list (non-resident) at end of burgess 
 roll 
 
 when borough or wards divided into 
 polling districts, overseers to make out 
 palish burgess lists so as to divide the 
 names in conformity with polling 
 districts ...... 
 
 fine upon, for neglecting or refusing to 
 make, sign, or deliver a parish burgess 
 
 XISL •••■•*• 
 
 99 
 
 ' 101 
 
 1 '9 
 20 
 
 20 
 
 21 
 
 21 
 21 
 
 157 
 93 
 
 101 
 
 30 
 30 
 
 • • 
 
 141 
 220 
 
 7 
 32 
 
 49 
 49 
 
 49 
 64 
 
 lO 1 
 
 3 
 1 
 
 i 
 
 2 
 3 
 
 2 
 
 1 
 
 2 
 
 1 
 2-1.5 
 
 • • 
 
 2 
 
 1 
 
 1 
 2 
 
 3 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 a-b 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 a 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • t 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • « 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 99 
 
 101 
 37 
 37 
 37 
 37 
 
 38 
 38 
 
 140 
 
 92 
 
 101 
 
 46 
 46-7 
 
 144 
 
 129 
 ISO 
 
 25 
 48 
 
 64 
 64 
 
 64 
 
 77 
 8i
 
 GENERAL INDEX. 
 
 361 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 VE RSEERS— ro« tinned. 
 
 
 
 
 
 
 
 
 fine for retusing to allow lists to be 
 
 
 
 
 
 
 
 
 inspected ...... 
 
 75 
 
 2 
 
 c 
 
 
 • • 
 
 • • 
 
 81 
 
 their powers and duties with reference 
 
 
 
 
 
 
 
 
 to the borough rate .... 
 
 144 
 
 7-9 
 
 . , 
 
 
 , , 
 
 • • 
 
 131 
 
 when they may appeal against assess- 
 
 
 
 
 
 
 
 
 ment 
 
 144 
 
 9 
 
 , ^ 
 
 
 , , 
 
 m • 
 
 131 
 
 to collect borough rate according to the 
 
 
 
 
 
 
 
 
 order of town council 
 
 145 
 
 1 
 
 , , 
 
 
 • • 
 
 • • 
 
 132 
 
 in case of failure, amount may be levied 
 
 
 
 
 
 
 
 
 upon goods 
 
 145 
 
 3 
 
 . . 
 
 i 
 
 • • 
 
 • • 
 
 133 
 
 to collect borough rate in divided parish 
 
 146 
 
 1 
 
 . . 
 
 
 • • 
 
 • • 
 
 133 
 
 to pay amount to the council 
 
 146 
 
 3 
 
 • • 
 
 
 • • 
 
 • • 
 
 133 
 
 to account to auditor tor money re- 
 
 
 
 
 
 
 
 
 ceived 
 
 146 
 
 4 
 
 , , 
 
 
 • • 
 
 • • 
 
 133 
 
 how to dispose of balance, if any . 
 
 146 
 
 5-6 
 
 • • 
 
 
 , , 
 
 • • 
 
 134 
 
 to include costs of assessment in collect- 
 
 
 
 
 
 
 
 
 ing rate 
 
 146 
 
 7-9 
 
 « • 
 
 
 • • 
 
 « • 
 
 134 
 
 where part only of a parish is liable to 
 
 
 
 
 
 
 
 
 watch rate, to make separate rate on 
 
 
 
 
 
 
 
 
 parts liable only for .... 
 
 198 
 
 1 
 
 • • 
 
 
 ^ ^ 
 
 • • 
 
 165 
 
 to account for money collected under 
 
 
 
 
 
 
 
 
 separate rate as for money collected 
 
 
 
 
 
 
 
 
 under a poor rate .... 
 
 198 
 
 5 
 
 • • 
 
 
 • • 
 
 • • 
 
 166 
 
 may levy by distress and sale on defaul- 
 
 
 
 
 
 
 
 
 ters 
 
 198 
 
 7 
 
 • t 
 
 
 , ^ 
 
 • • 
 
 166 
 
 every matter directed to be done by, may 
 
 
 
 
 
 
 
 
 be lawfully done by major part ol them 
 
 238 
 
 1 
 
 • • 
 
 
 ^ ^ 
 
 • • 
 
 190 
 
 notices required to be given to, may be 
 
 
 
 
 
 
 
 
 delivered to one of them . 
 
 238 
 
 2 
 
 • • 
 
 
 • • 
 
 * • 
 
 191 
 
 OWNERS : 
 
 
 
 
 
 
 
 
 to be rated instead of occupiers in certain 
 
 
 
 
 
 
 
 
 cases 
 
 147 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 134 
 
 OXFORD, UNIVERSITY OF: 
 
 
 
 
 
 
 
 
 nothing in Act to affect rights and pri- 
 
 
 
 
 
 
 
 
 vileges of 
 
 257 
 
 1-2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 197-8 
 
 PAEISH : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 25 
 
 assessed to borough rate may appeal 
 
 
 
 
 
 
 
 
 against rate 
 
 144 
 
 9 
 
 ^ ^ 
 
 • • 
 
 • • 
 
 * • 
 
 131 
 
 where part only of, is liable to watch 
 
 
 
 
 
 
 
 
 rate, overseers to make a separate rate 
 
 
 
 
 
 
 
 
 or assessment on parts only liable to 
 
 
 
 
 
 
 
 
 watch rate 
 
 198 
 
 1 
 
 
 • • 
 
 • • 
 
 • • 
 
 165
 
 33: 
 
 Tun HyGZJSB JiLUKlCIFAL COLL. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. ' 
 
 Pago. 
 
 PARISH BUROESS LTSTS {See Burgess 
 
 
 
 
 
 
 
 * 
 
 Lists— Bury-css Roll, &c.) : 
 
 
 
 
 
 
 
 
 ■when they h;ivo been revised and sifted, 
 
 
 
 
 
 
 
 
 the revi.-ing authority tu deliver tliLin 
 
 
 
 
 
 
 
 
 to town eleik, and a printed copy 
 
 
 
 
 
 
 
 
 Bisrned by him to bo the burgess roll of 
 
 
 
 
 
 
 1 
 
 
 borough ...... 
 
 45 
 
 1 
 
 « • 
 
 • • 
 
 • • 
 
 * * 
 
 60 
 
 to be arranged as council shall direct 
 
 
 
 
 
 
 
 
 (should be alphabetical) 
 
 46 
 
 1-2 
 
 • • 
 
 ■ • 
 
 • • 
 
 • • 
 
 62 
 
 ■whi n revised under the rarliimeritary and 
 
 
 
 
 
 
 
 
 Municipal Registration Act, 1878, the 
 
 
 
 
 
 
 
 
 burgess roll subject to alterations, &c., 
 
 
 
 
 
 
 
 
 as provided by that Act 
 
 47 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 62 
 
 tvhen revised under this Act, a person 
 
 
 
 
 
 
 
 
 whose claim fias been rejected or name 
 
 
 
 
 
 
 
 
 exploited may apply for a mandamus 
 
 47 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 62 
 
 if mandamus granted, the mayor to msert 
 
 
 
 
 
 
 
 
 the name in the burgess roll, and to add, 
 
 
 
 
 
 
 
 
 " by order of Her Majesty'' s High Court 
 
 
 
 
 
 
 
 
 of Justice" ...... 
 
 47 
 
 3 
 
 • • 
 
 • • 
 
 • ♦ 
 
 • • 
 
 63 
 
 to be printed by town clerk and copies 
 
 
 
 
 
 
 
 
 to be delivered to any person on pay- 
 
 
 
 
 
 
 
 
 ment 
 
 48 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 63 
 
 how, if not made or revised in due time 
 
 71 
 
 I 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 79 
 
 penalty upon mayor and assessors for neg- 
 
 
 
 
 
 
 
 
 lecting to revise, ^-c. .... 
 
 75 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 80 
 
 fine upon overseer for neglecting, &c., to 
 
 
 
 
 
 
 
 
 make, &c. ...... 
 
 75 
 
 2 
 
 a-c 
 
 • • 
 
 • • 
 
 • • 
 
 81 
 
 In Bouoxghs not Parliamentary.* 
 
 
 
 
 
 
 
 
 overseers of each parish to make, sign, 
 
 
 
 
 
 
 
 
 and deliver to town clerk a parish 
 
 
 
 
 
 
 
 
 burgess list on or before the 1st of 
 
 
 
 
 
 
 
 
 September 
 
 t • 
 
 
 . , 
 
 3 
 
 1 
 
 1 
 
 59 
 
 to keep printed copy for inspection. 
 
 
 
 . . 
 
 3 
 
 1 
 
 2 
 
 n9 
 
 town clerk to fix printed copy in town 
 
 
 
 
 
 
 
 
 hall . . ... . . 
 
 . . 
 
 • • 
 
 
 3 
 
 1 
 
 3 
 
 59 
 
 pers5ns omitted to give notice of claim to 
 
 
 
 
 
 
 
 
 town clerk ...... 
 
 . • 
 
 ^ , 
 
 • • 
 
 3 
 
 1 
 
 4 
 
 69 
 
 on the list may object to any one 
 
 
 
 
 
 
 
 
 on the list 
 
 • t 
 
 , , 
 
 
 3 
 
 1 
 
 5 
 
 69 
 
 objecting, to give notice of same 
 
 
 
 
 
 
 
 
 to town clerk and to the person 
 
 
 
 
 
 
 
 
 objected to . 
 
 ■ • 
 
 • * 
 
 • • 
 
 3 
 
 1 
 
 6 
 
 59 
 
 town clerk to make lists of claimants 
 
 
 
 
 
 
 
 
 and persons objected to, and cause 
 
 
 
 
 
 
 
 
 printed copies to be fixed in the town 
 
 
 
 
 
 
 
 
 hall . _ _ . 
 
 . , 
 
 • • 
 
 • • 
 
 3 
 
 1 
 
 7 
 
 59 
 
 to keep printed copy open to inspection . 
 
 
 • • 
 
 . . 
 
 3 
 
 1 
 
 8 
 
 59 
 
 mayor and revising assessors to revise 
 
 • • 
 
 . . 
 
 . . 
 
 3 
 
 1 
 
 9 
 
 69 
 
 to hold an "pen court of revision during 
 
 
 
 
 
 
 
 
 the first ^f teen days of October 
 
 , , 
 
 . , 
 
 • • 
 
 3 
 
 1 
 
 10 
 
 69 
 
 to give three days' clear notice of court 
 
 , , 
 
 , , 
 
 , , 
 
 3 
 
 1 
 
 11 
 
 60 
 
 the town clerk at opening of court to pro- 
 
 
 
 
 
 
 
 
 duce lists ...... 
 
 • • 
 
 . , 
 
 
 3 
 
 1 
 
 12 
 
 60 
 
 the court to insert in the name of claimanit 
 
 
 
 
 
 
 
 
 entitled 
 
 , , 
 
 , • 
 
 , , 
 
 3 
 
 1 
 
 13 
 
 60 
 
 to expunge the names of persons proved to 
 
 
 
 
 
 
 
 
 be diad ...... 
 
 , , 
 
 • • 
 
 . • 
 
 3 
 
 1 
 
 14 
 
 60 
 
 to retain the name of any person not duly 
 
 
 
 
 
 
 
 
 objected to . . . . . . 
 
 
 • • 
 
 
 3 
 
 1 
 
 15 
 
 60 
 
 • The references and footnotes on pages 67 to 80 ante should be consulted for effect of the abolition of 
 Municipal Assessors bj t'.e County Klectors Act, 1888.
 
 GENERAL INDEX. 
 
 363 
 
 Sec. 
 
 Subsec. 
 
 PAEISH BURGESS H^T— continued. ^ 
 
 to retain every respondent unless objector 
 
 appears to support objection . 
 if olijcctor appears, court to require proof 
 of respondents qualification, if not 
 proved, name to be expunged . 
 whei-e the name of a person is entered in 
 more than one ward, court may select 
 ward, if the burgess does not himself 
 choose .' . 
 
 may correct any mistake and supply 
 any omission with respect to the name or 
 abode of any person, or the description 
 of any property ..... 
 
 overseers, vestry clerks, and collectors of 
 
 poor rates to attend court 
 court may require overseers ^-c. to produce 
 rate books . . . • _ • 
 
 may examine on oath parties before 
 them on oath ..... 
 
 mayor to determine in open court the 
 
 validity of claims and objections 
 mayor to write his initials against each 
 name inserted or expunged, and against 
 any lists in which there is a mistake or 
 an omission, and to sign his name to 
 every page ...... 
 
 mayor may adjourn court from 
 time to time, not beyond \hth 
 October ...'•• 
 
 PARISH LISTS {See also Burgess EoU— 
 
 Non-Eesidents' List, <S:c.) : 
 
 of persons entitled in respect of pro- 
 perty in the parish to he eL cted coun- 
 cillors as heing resident within fifteen 
 miles although beyond seven miles, 
 fi-om the borough .... 
 
 town clerk to arrange names in a 
 separate list at end of burgess roll 
 
 PARLIAMENTARY BOROUGH: 
 
 interpretation of term .... 
 
 PARLIA]\IENTARY ELECTION : 
 
 interpretation of term .... 
 corporate property not to be applied to 
 purposes of . 
 
 PARLIAMENTARY ELECTION PETI- 
 TION: 
 meaning of term 
 
 PARLIAMENTARY AND MUNICIPAL 
 REGISTRATION ACT, 1878 {See 
 Municipal Registration Act, &c.) 
 
 PAROCHIAL RELIEF : 
 
 reception of, a disqualification 
 
 Para. 
 
 Sched. 
 
 49 
 49 
 
 7 
 124 
 
 77 
 
 3 
 3 
 3 
 3 
 3 
 
 Part. Para. 
 
 Pago. 
 
 16 
 
 17 
 
 18 
 
 19 
 20 
 21 
 22 
 23 
 
 24 
 25 
 
 CO 
 60 
 
 60 
 
 60 
 60 
 60 
 60 
 60 
 
 60 
 60 
 
 6t 
 6t 
 
 25 
 
 25 
 116 
 
 28 
 
 2-3
 
 3U 
 
 THE EXGLISH MUXICIPAL CODE 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 PAYIHEXT : 
 
 
 
 
 
 
 
 
 convi)jance of a voter to or from the poll. 
 
 
 
 
 
 
 
 
 fixe for ...... 
 
 83 
 
 
 • • 
 
 
 
 
 86 
 
 FEER.^ : 
 
 
 
 
 
 
 
 
 quilified when ownirg property in a 
 
 
 
 
 
 
 
 
 county to bu county councillor . 
 
 
 • f 
 
 •• 
 
 
 
 
 31 
 
 PENALTIES: 
 
 
 
 
 
 
 
 
 for cornipf practices .... 
 
 78 
 
 • • 
 
 
 
 
 
 84 
 
 upon eaiididute found hy election court. 
 
 
 
 
 
 
 
 
 guilti/ of corrupt practices . 
 
 79 
 
 1 
 
 a-d 
 
 
 
 
 84-5 
 
 when found guilty upon 
 
 
 
 
 
 
 
 
 indictment ...... 
 
 79 
 
 2 
 
 • • 
 
 
 
 
 85 
 
 for being employed for reward, when a 
 
 
 
 
 
 
 
 
 burgess, at an ejection .... 
 
 82 
 
 2 
 
 • • 
 
 
 
 
 86 
 
 application of, in quarter sessions 
 
 
 
 
 
 
 
 
 boroughs ...... 
 
 221 
 
 1 
 
 • . 
 
 
 
 
 180 
 
 procedure against corporate officers for . 
 
 224 
 
 1 
 
 •• 
 
 
 
 
 182 
 
 PEKJURY: 
 
 
 
 
 
 
 
 
 disqualification of candidate removed, if 
 
 
 
 
 
 
 
 
 perjury proved against tvitness 
 
 79 
 
 3 
 
 
 
 
 
 85 
 
 of a tvitness upon a petition not protected 
 
 
 
 
 
 
 
 
 by certificate of inckmnity 
 
 94 
 
 6 
 
 " 
 
 
 
 
 95 
 
 PERSON: 
 
 
 
 
 
 
 
 
 •who are included in the term 
 
 7 
 
 1 
 
 • • 
 
 
 
 
 20 
 
 PERSONATION [Sec Municipal Election 
 
 
 
 
 
 
 
 
 Petition, &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 77 
 
 
 
 
 
 
 83 
 
 cos's upon an indictment for 
 
 84 
 
 1 
 
 
 
 
 
 87 
 
 provisions for detention and apprehen- 
 
 
 
 
 
 
 
 
 sion of personators .... 
 
 8G 
 
 ■ • 
 
 • • 
 
 • • 
 
 . • 
 
 • • 
 
 87 
 
 PETITION {See also Petitioner) 
 
 
 
 
 
 
 
 
 of council for the division of borough 
 
 
 
 
 
 
 
 
 into wards, or to alter the number or 
 
 
 
 
 
 
 
 
 boundaries of wards .... 
 
 30 
 
 1 
 
 , , 
 
 
 , , 
 
 • » 
 
 46 
 
 notice of, and time and place when 
 
 
 
 
 
 
 
 
 same to be considered, proceedings 
 
 
 
 
 
 
 
 
 upon ........ 
 
 30 
 
 2 
 
 t • 
 
 
 • • 
 
 
 46 
 
 As TO IMuNiciPAL Election : 
 
 
 
 
 
 
 
 
 how election may be quostioned . 
 
 87 
 
 1 
 
 • • 
 
 , , 
 
 . , 
 
 • • 
 
 87 
 
 that election was wholly avoided by 
 
 
 
 
 
 
 
 
 general bribery, treating, undue in- 
 
 
 
 
 
 
 
 
 fluence or personation 
 
 87 
 
 1 
 
 a 
 
 • . 
 
 • • 
 
 . , 
 
 87 
 
 t'. lit corrupt practices pre vailed at election 
 
 87 
 
 I 
 
 b 
 
 • • 
 
 • « 
 
 • • 
 
 87 
 
 that candidate returned was disqualified 
 
 87 
 
 1 
 
 c 
 
 . a 
 
 , . 
 
 , , 
 
 87 
 
 tb^t candid ite was not duly elected by a 
 
 
 
 
 
 
 
 
 majority ...... 
 
 87 
 
 1 
 
 d 
 
 • • 
 
 • • 
 
 . • 
 
 88 
 
 election not to be questioned on foregoing 
 
 
 
 
 
 
 
 
 grounds except by petition 
 
 87 
 
 2 
 
 • • 
 
 • . 
 
 
 
 88 
 
 by whom may be presented . 
 
 88 
 
 1 
 
 • , 
 
 . • 
 
 
 
 88 
 
 who to be made respondent . 
 
 88 
 
 2 
 
 , , 
 
 ■ • 
 
 . , 
 
 e • 
 
 88 
 
 form of, and to what court to be presented 
 
 88 
 
 3 
 
 
 • • 
 
 
 
 88 
 
 wiihin what time to be presented . 
 
 88 
 
 4 
 
 • • 
 
 , . 
 
 
 • A 
 
 88 
 
 Security to be given with a certain time 
 
 
 
 
 
 
 
 
 for costs, &o 
 
 89 
 
 1 
 
 , , 
 
 
 , , 
 
 • • 
 
 89 
 
 amount of costs and sureties for 
 
 89 
 
 2 
 
 
 . , 
 
 
 • • 
 
 89 
 
 notice of presentation of and nature of 
 
 
 
 
 
 
 
 
 proposed securitj' and copy of . 
 
 89 
 
 3 
 
 
 
 • • 
 
 • • 
 
 89
 
 GENERAL IXDEX. 
 
 3.55 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 TETniOT^—eonii7nte(7. 
 
 
 
 
 
 
 
 
 respondent may object to recognisance . 
 
 S9 
 
 4 
 
 • • 
 
 
 
 • • 
 
 90 
 
 objection to be decided in prescribed 
 
 
 
 
 
 
 
 
 manner ...... 
 
 89 
 
 6 
 
 • • 
 
 
 
 
 90 
 
 if objection allowed, how objection re- 
 
 
 
 
 
 
 
 
 moved. ...... 
 
 89 
 
 6 
 
 
 
 
 • • 
 
 90 
 
 if no security or objection allowed and 
 
 
 
 
 
 
 
 
 not removed, no further proceedings 
 
 
 
 
 
 
 
 
 to be had on .... . 
 
 89 
 
 7 
 
 • • 
 
 
 • • 
 
 > . 
 
 90 
 
 when to be at issue .... 
 
 90 
 
 . • 
 
 . . 
 
 • . 
 
 • • 
 
 
 90 
 
 list of, when at issue, to be kept in office 
 
 
 
 
 
 
 
 
 to be open to inspection 
 
 91 
 
 1 
 
 . . 
 
 
 
 . . 
 
 90 
 
 to be tried in the order in which they 
 
 
 
 
 
 
 
 
 stand in the list ..... 
 
 91 
 
 2 
 
 . , 
 
 . . 
 
 • • 
 
 
 90 
 
 two or more candidates may be made re- 
 
 
 
 
 
 
 
 
 spondents to same petition, but it shall 
 
 
 
 
 
 
 
 
 be a separate petition against each 
 
 91 
 
 3 
 
 
 
 • • 
 
 • • 
 
 91 
 
 as to being bracketed with others . 
 
 91 
 
 4 
 
 . . 
 
 • • 
 
 • • 
 
 . . 
 
 91 
 
 how and by whom to be tried 
 
 92 
 
 1 
 
 . . 
 
 
 • • 
 
 
 91 
 
 notice of time and place of trial to be 
 
 
 
 
 
 
 
 
 given, and to be tried in open court . 
 
 93 
 
 1 
 
 . . 
 
 • • 
 
 • • 
 
 , , 
 
 92 
 
 notice of time and place of trial which is 
 
 
 
 
 
 
 
 
 tobein borough, unless otherwise ordered 
 
 93 
 
 2 
 
 
 • • 
 
 
 • • 
 
 92 
 
 trial of, may be adjourned, and to 
 
 
 
 
 
 
 
 
 another place . . . - . 
 
 93 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 92 
 
 duty of barrister on conclusion of trial of 
 
 93 
 
 4 
 
 • • 
 
 *■• 
 
 • • 
 
 . , 
 
 92 
 
 as to withdrawing .... 
 
 95 
 
 1-8 
 
 • • 
 
 • • 
 
 • • 
 
 
 96-7 
 
 as to, by council for grant of quarter 
 
 
 
 
 
 
 
 
 sessions 
 
 162 
 
 1-3 
 
 • • 
 
 •• 
 
 • ■ 
 
 • • 
 
 144 
 
 PETITIONER {See above) : 
 
 
 
 
 
 
 
 
 to give security for costs 
 
 89 
 
 1 
 
 . , 
 
 
 . , 
 
 . . 
 
 89 
 
 by payment or recognisance . 
 
 89 
 
 2 
 
 * • 
 
 
 . . 
 
 
 89 
 
 to serve respondent with a notice of 
 
 
 
 
 
 
 
 
 presentation of petition, with nature of 
 
 
 
 
 
 
 
 
 security, and a copy of petition . 
 
 89 
 
 3 
 
 ■ • 
 
 . • 
 
 • f 
 
 • . 
 
 89 
 
 how objection may be removed by. 
 
 89 
 
 6 
 
 . • 
 
 
 • • 
 
 
 90 
 
 not to withdraw petition without leave of 
 
 
 
 
 
 
 
 
 election court or High Court of Justice 
 
 95 
 
 1 
 
 , , 
 
 . , 
 
 , , 
 
 • t 
 
 96 
 
 application not to be made until notice 
 
 
 
 
 
 
 
 
 given in borough .... 
 
 95 
 
 2 
 
 • • 
 
 • t 
 
 
 ■ . 
 
 96 
 
 On hearing of petition another person may 
 
 
 
 
 
 
 
 
 be substituted as petitioner 
 
 95 
 
 3 
 
 , , 
 
 
 • • 
 
 
 96 
 
 how proposed withdrawal to be dealt 
 
 
 
 
 
 
 
 
 with if in consequence of corrupt 
 
 
 
 
 
 
 
 
 bargain ...... 
 
 95 
 
 4 
 
 
 
 
 . . 
 
 96 
 
 as to new petition on withdrawal of old one 
 
 95 
 
 6 
 
 
 
 . ■ 
 
 • . 
 
 96 
 
 as to withdrawing where several . 
 
 96 
 
 8 
 
 , , 
 
 . , 
 
 , . 
 
 . , 
 
 96 
 
 neglect or refusal to pay costs certified, 
 
 
 
 
 
 
 
 
 as to 
 
 98 
 
 3 
 
 . , 
 
 . , 
 
 , , 
 
 , , 
 
 99 
 
 when he may be ordered to pay town 
 
 
 
 
 
 
 
 
 clerk expenses of the court. 
 
 101 
 
 2 
 
 a 
 
 -. 
 
 • • 
 
 
 101 
 
 PETITION FOR GRANT OF CHAPTER 
 
 
 
 
 
 
 
 
 must be notified to County Council and 
 
 
 
 
 
 
 
 
 Local Government Board . 
 
 • • 
 
 • • 
 
 ■ • 
 
 • • 
 
 , , 
 
 , , 
 
 172 
 
 to be referred to committee of Privy 
 
 
 
 
 
 
 
 
 Council ...... 
 
 211 
 
 1 
 
 
 
 .. 
 
 
 173 
 
 PETITION FOR GRANT OF QUARTER 
 
 
 
 
 
 
 
 
 SESSIONS : 
 
 
 
 
 
 
 
 
 as to, by council 
 
 162 
 
 1-3 
 
 
 1 
 
 • • 
 
 
 144 
 
 I
 
 356 
 
 THE EXGLISII MUXICIFJL COT'E. 
 
 
 See. 
 
 SulisecJ 
 
 Pnra, Scberl. 
 
 Part. 
 
 Para. 
 
 Pajre. 
 
 PETITION TO IN VALIDATE AN 
 
 
 
 . 
 
 
 
 
 ELKCnON: 
 
 
 
 
 
 
 
 not to avail after twelve months . 
 
 73 
 
 , , 
 
 . . 
 
 
 • • 
 
 79 
 
 to abate by death of sole petitioner or 
 
 
 
 
 
 
 
 survivor to several .... 
 
 9G 
 
 1 
 
 * ^ 
 
 ^ ^ 
 
 • » 
 
 97 
 
 abatt.'ment of petition not to affect 
 
 
 1 
 
 
 
 
 
 liability to costs .... 
 
 96 
 
 2 1 
 
 • • • ■ 
 
 , , 
 
 ■ • 
 
 97 
 
 notice of abatement to be given in 
 
 
 
 
 
 
 
 borough, and upon such another peti- 
 
 
 
 
 
 
 
 tioner may bo eubetituted . 
 
 9G 
 
 3 
 
 • ■ • • 
 
 •• 
 
 •• 
 
 97 
 
 PLACE OF PROFIT (&e Office of Profit). 
 
 
 
 ,1 
 
 
 
 . 
 
 PLAINTIFF : 
 
 
 
 i' 
 
 
 
 
 in an action to recover a fine from mayor, 
 
 
 
 11 
 
 
 
 
 alderman or assessor, moiety to be 
 
 
 
 il 
 
 
 
 
 paid to 
 
 75 
 
 3 
 
 .. 
 
 •• 
 
 •' 
 
 81 
 
 POLICE {See also Borough Constable- 
 
 
 
 
 
 
 
 
 Watch Committee, &c.) 
 
 
 
 
 
 
 
 
 pi-ovis:on as to, in new boroughs . 
 
 215 
 
 
 .1 
 
 , , 
 
 •»• 
 
 177 
 
 in bcroughswith less than 10,000 inhabi- 
 
 
 
 
 
 
 tants 
 
 ,-, 
 
 
 • ■ '■ • t 
 
 , , 
 
 , , 
 
 177 
 
 in which boroughs force transferred to 
 
 
 
 : 
 
 
 
 
 county council 
 
 • • 
 
 
 • ■ ' • • 
 
 , , 
 
 , , 
 
 178 
 
 as to county council withholding grant 
 
 
 
 1 
 
 
 
 
 in aid of 
 
 
 
 1 
 
 • • 
 
 •• 
 
 IGl 
 
 POLICE OFFICE : 
 
 
 
 !■ 
 
 
 1 
 
 
 council may purchase land to build 
 
 105 
 
 
 • • • • 
 
 , , 
 
 1 
 
 103 
 
 as to borrowing money, &c., for purpose 
 
 
 
 
 
 
 ■ 
 
 
 of building and repairs .... 
 
 120 
 
 
 , , 
 
 
 . , 
 
 • • 
 
 113 
 
 "POLL: 
 
 
 
 
 
 
 
 
 election, if contested to be conducted 
 
 
 
 
 
 
 
 
 as at a parliamentary election, under 
 
 
 
 
 
 
 
 
 Ballot Act, subject, &c. 
 
 58 
 
 1 
 
 , , 
 
 , , 
 
 , , 
 
 • t 
 
 71-2 
 
 at election for councillors to commence 
 
 
 
 
 
 
 
 
 «(■«« (now eight) o'clock and close at 
 
 
 
 
 
 
 
 
 four (now eight) o'cleck 
 
 68 
 
 3 
 
 , , 
 
 • • 
 
 , , 
 
 , , 
 
 73 
 
 as to closing poll at an earlier hour 
 
 58 
 
 4 
 
 , , 
 
 . . 
 
 , , 
 
 , « 
 
 73 
 
 payment for couvei/ance of a voter to or 
 
 
 
 
 
 
 
 
 from poll, fine for .... 
 
 83 
 
 , , 
 
 
 • . 
 
 .. 
 
 • • 
 
 8fi 
 
 POLLING DISTRICTS : 
 
 
 
 
 
 
 
 
 council may divide borough or wards 
 
 
 
 
 
 
 
 
 into polling districts .... 
 
 (J4 
 
 , ^ 
 
 t • • • 
 
 , , 
 
 , , 
 
 77 
 
 POLLING STATIONS : 
 
 
 
 
 
 
 
 as to -when returning officer to give 
 
 
 
 1 
 
 
 
 
 notice of situation, division of, &c. . 
 
 , ^ 
 
 t • 
 
 3 
 
 4 
 
 2 
 
 81 
 
 each polling station to be provided with 
 
 
 
 
 
 
 
 compartments, &c. .... 
 
 
 • • 
 
 3 
 
 4 
 
 3 
 
 81 
 
 POOR li.vrE : 
 
 
 
 
 
 
 
 
 claim to enrolment as burgess dependent 
 
 
 
 
 
 
 
 
 on rating to and payment of 
 
 9 
 
 2 
 
 d-e 
 
 , . 
 
 , , 
 
 • • 
 
 28 
 
 PRESCRIBED : 
 
 
 
 
 
 
 
 
 meaning of term ..... 
 
 77 
 
 t • 
 
 , , 
 
 , , 
 
 . , 
 
 , • 
 
 84 
 
 PRESCRIBED OFFICER: 
 
 
 
 
 
 
 
 
 duties of, with reference to municipal 
 
 
 
 
 
 
 
 
 
 91 
 
 1 
 
 • • 
 
 • • 
 
 
 • • 
 
 90 
 
 duties of, under this Act, to be per- 
 
 
 
 
 
 
 
 
 formed by prescribed officer of High 
 
 
 
 
 
 
 
 
 court 
 
 100 
 
 5 
 
 * • • • 
 
 _ it. 
 
 • • 
 
 • • 
 
 100
 
 GENERAL INDEX. 
 
 357 
 
 PRESIDING OFFICER {See also Eeturning 
 Officer, &c.) : 
 at an election of councillors to put 
 
 questions to burgess if requested 
 not to receive vote until questions 
 answered ...... 
 
 PRISON ACTS : 
 
 nothing in Act to affect .... 
 
 PRIVY COUNCIL {See Order in Conncn, &c.): 
 to order a borough to be divided into 
 wards, or to alter the number or boun- 
 daries of wards ..... 
 to sanction scheme for incorporation and 
 to do all necessary acts therein . 
 
 PROMOTION TO A BENEFICE : 
 occupation by, effect of . 
 
 PROSECUTION : 
 
 for any alleged neglect or default in exe- 
 cution of this Act must be commenced 
 within six months .... 
 
 PROSECUTOR : 
 
 costs of, upon an indictment for bribery, 
 undue influence, or personation, how to 
 he paid, 6,-c. . . 
 
 PUBLIC OR ENDOWED SCHOOL : 
 
 not a disqualification to be burgess that a 
 child has been taught in . . . 
 
 PUBLIC HEALTH ACT, 1875: 
 
 the operation of Section 187 (quoted in 
 
 full) not to be interfered with 
 council to be sanitary authority under 
 
 except as provided . . . . 
 
 PURCEIASE MONEY : 
 
 how to be dealt with .... 
 
 PUBLIC WORKS LOANS ACT, 1875 : 
 
 procedui-e under as to mortgages (sec- 
 tion 40) 
 
 PUBLIC WORKS LOAN COMMIS- 
 SIONERS : 
 may lend money to council to build, 
 enlarge, &c., municipal buildings 
 
 PUNISHMENT {See also Fines— Penalties, 
 &c.) : 
 for offences connected with a nomination 
 paper ....... 
 
 QUALIFICATION (&«also Burgess— Coun- 
 cillors, &c., &c., &c.) : 
 
 ofbiirgess ...... 
 
 of £10 occupier as burgess 
 
 Sec. 
 
 69 
 59 
 
 252 
 
 30 
 210-18 
 
 33 
 
 226 
 
 84 
 
 33 
 
 23 
 214 
 
 114 
 120 
 
 120 
 
 74 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part 
 
 Para. 
 
 Page. 
 
 6 
 2 
 
 1-4 
 
 1-2 
 
 a-b 
 
 a-e 
 
 73-4 
 74 
 
 197 
 
 46 
 172-9 
 
 40 
 
 183 
 
 87 
 
 60 
 
 43 
 176 
 
 109 
 113 
 
 113 
 
 80 
 
 28 
 
 ! 286
 
 358 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 
 
 
 Sec. 
 
 Subeec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 P<ige. 
 
 0,1] klAYlQA.TlO'S— continual. 
 
 
 
 
 
 
 
 
 of councillor ..... 
 
 11 
 
 1-4 
 
 • 
 
 
 
 
 
 
 
 
 30-1 
 
 alderman .... 
 
 
 
 14 
 
 3 
 
 , 
 
 
 
 
 
 
 
 
 33 
 
 mayor 
 
 
 
 15 
 
 1_ 
 
 • 
 
 
 
 
 
 
 
 
 34 
 
 town clerk . 
 
 
 
 17 
 
 1 
 
 • 
 
 
 
 
 
 
 
 
 36 
 
 treasurer . 
 
 
 
 18 
 
 I 
 
 • 
 
 
 
 
 
 
 
 
 36 
 
 auiJitors .... 
 
 
 
 25 
 
 2-3 
 
 • 
 
 
 
 
 
 
 
 
 44 
 
 borough justices 
 
 
 
 157 
 
 2-4 
 
 • 
 
 
 
 
 
 
 
 
 140-1 
 
 stipendiary magistrate 
 
 
 
 161 
 
 1 
 
 • 
 
 
 
 
 
 
 
 
 143 
 
 recorder 
 
 
 
 163 
 
 1 
 
 • 
 
 
 
 
 
 
 
 , 
 
 114 
 
 clerk of the peace 
 
 
 
 164 
 
 1 
 
 • 
 
 
 
 
 
 
 
 
 145 
 
 deputy recorder . 
 
 
 
 166 
 
 1 
 
 • 
 
 
 . 
 
 
 
 
 
 
 148 
 
 assistant recorder 
 
 
 
 168 
 
 1 
 
 • 
 
 • 
 
 _ 
 
 
 
 
 
 
 148 
 
 coroner 
 
 
 
 171 
 
 1 
 
 > 
 
 
 . 
 
 
 
 
 
 
 152 
 
 deputy coroner . . , 
 
 
 172 
 
 1 
 
 • 
 
 
 
 
 
 
 
 
 152 
 
 deputy judge of civil court 
 
 
 175 
 
 2 
 
 • 
 
 
 
 
 
 
 
 
 153 
 
 freemen .... 
 
 
 . 201 
 
 
 . 
 
 
 
 
 
 
 
 
 163 
 
 QUARTERLY MEETINGS OF THE 
 
 
 
 
 
 
 
 
 COUNCIL : 
 
 
 
 
 
 
 
 
 as to . 
 
 • • 
 
 • • 
 
 • • 
 
 2 
 
 • • 
 
 1-2 
 
 39 
 
 QUARTER SESSIONS : 
 
 
 
 
 
 
 
 
 appeal to, by overseers against assessmen' 
 
 
 
 
 
 
 
 
 to the borough rat; to be made to 
 
 '. 144 
 
 9 
 
 . , 
 
 • • 
 
 • • 
 
 . . 
 
 131 
 
 boroughs having, when not to be assessec 
 
 
 
 
 
 
 
 
 to the county rate 
 
 150 
 
 1 
 
 , , 
 
 • • 
 
 • » 
 
 
 136 
 
 expenses of assize prosecutions from 
 
 
 
 
 
 
 
 
 borough still to be paid to county 
 
 15] 
 
 . • 
 
 * , 
 
 • • 
 
 • • 
 
 
 136 
 
 to what other expenses of the county 
 
 
 
 
 
 
 
 
 a borough with quarter sessions liable 
 
 152 
 
 1-2 
 
 , , 
 
 • • 
 
 • • 
 
 • t 
 
 137 
 
 as to grant of, to a borough . 
 
 162 
 
 1 
 
 
 • • 
 
 • • 
 
 
 144 
 
 grant of, may be revoked on petition 
 
 • • 
 
 
 , , 
 
 • • 
 
 
 • « 
 
 144 
 
 gi-ant of, not to confer other than judicia 
 
 
 
 
 
 
 
 144 
 
 powers ...... 
 
 • • 
 
 . . 
 
 ■ • 
 
 • • 
 
 • • 
 
 
 QUEEN'S BENCH DIVISION: 
 
 
 
 
 
 
 
 
 municipal election, petition to be pre- 
 
 
 
 
 
 
 
 
 seuted to 
 
 88 
 
 3 
 
 • • 
 
 
 •• 
 
 •• 
 
 88 
 
 QUESTIONS : 
 
 
 
 
 
 
 
 
 to be put on request to burgesses at an 
 
 
 
 
 
 
 
 
 election 
 
 59 
 
 1 
 
 rt-3 
 
 • • 
 
 • * 
 
 
 73-4 
 
 how to be decided at council meetings . 
 
 •• 
 
 • • 
 
 •• 
 
 2 
 
 « ■ 
 
 •• 
 
 40 
 
 QUESTIONING VOTER : 
 
 
 
 
 
 
 
 
 voter by ballot not to be ([uestioned as to 
 
 
 
 
 
 
 
 
 for whom he has voted 
 
 104 
 
 • • 
 
 • • 
 
 •• 
 
 • • 
 
 •• 
 
 102 
 
 QUO WARRANTO: 
 
 
 
 
 
 
 
 
 as to an election, not to be granted, \i 
 
 
 
 
 
 
 
 
 called in question after twelve months 
 
 73 
 
 • • 
 
 
 . • 
 
 . . 
 
 t • 
 
 79 
 
 application for information in nature oi 
 
 
 
 
 
 
 
 
 against persons claiming to hold cor- 
 
 
 
 
 
 
 
 
 porate offices not to be made after 
 
 
 
 1 
 
 
 
 
 
 expiration of twelve months from date 
 
 
 
 1 
 
 
 
 
 
 of disqualification . . . . 
 
 225 
 
 1 
 
 t • 
 
 
 •• 
 
 
 182 
 
 QUORUM OF COUNCIL : 
 
 
 
 
 
 
 
 
 to be one-third 
 
 . . 
 
 • • 
 
 
 2 
 
 .. 
 
 10 
 
 10 
 
 of Watch Committee to be three . 
 
 , , 
 
 • • 
 
 
 
 
 
 1(11 
 
 of county councils to be one-fourth 
 
 t • 
 
 • • 
 
 1 
 
 . . 
 
 • • 
 
 1 
 
 yoi
 
 GUNERAL [SI) EX. 
 
 359 
 
 EATING : 
 
 claim of occupier to be rated . 
 rating to apply notwithstanding laches 
 of overseer ..... 
 
 RATE : 
 
 may be levied for payment of principal 
 and interest of loan for public works . 
 
 EATE BOOK: 
 
 revision court may call for production of 
 and inspect ..... 
 
 EE JEIPTS AND EXPENDITURE : 
 
 town clerk to make retui'n to Local 
 Government Bi ard of municipal ex- 
 penditure for each financial year 
 
 date when accounts are to be made up . 
 
 return to be in form, &c., as Local 
 Government Board shall direct . 
 
 return to be sent within one month after 
 completion of audit of the second 
 halt ....... 
 
 EECOGNISANCE : 
 
 when respondent in petition may object to 
 borough constable may take . 
 obligation of . 
 
 particulars of to be entered in a book . 
 eUrent of, when ^a»ie forfeited . 
 
 when it may be discharged without fee 
 
 EECORDER: 
 
 to hear appeal of overseers against 
 assessment to borough rate 
 
 as to variation of power of, and justices 
 to appoint lunatic asylum --isitors 
 
 appointment of and qualification . 
 
 to hold ofS e during good behaviour 
 
 to be justice of borough ex officio . 
 
 to take oath required to be taken by 
 borough justice and to make declara 
 tion ...... 
 
 precedence of ..... 
 
 cannot serve in parliament for borough 
 or be alderman, councillor, or stipen- 
 diary magistrate, but may be appointed 
 revising barrister for borough 
 
 as to salary of, which is to be yearly 
 
 one person may be a^jpointed for two or 
 more boroughs conjointly . 
 
 to hold sessions once in every quarter or 
 oftener ...... 
 
 to sit as sole judge .... 
 
 constitution and jurisdiction of court of 
 the 
 
 not to have power to allow, apportion, 
 make or levy any borough rate . 
 
 not to do any act with reference to allow- 
 ance, &c., of any rate. 
 
 not to grant any license or authority to 
 any person to keep an inn, alehouse, 
 or victualling house, or to sell excise- 
 able liquors by retail .... 
 
 Sec. 
 
 32 
 32 
 
 120 
 
 28 
 28 
 
 28 
 
 28 
 
 89 
 
 227 
 2-7 
 227 
 227 
 227 
 
 144 
 
 163 
 163 
 163 
 
 163 
 163 
 
 163 
 163 
 
 163 
 
 165 
 165 
 
 165 
 
 165 
 
 165 
 
 165 
 
 Subsec. 
 
 1 
 2 
 
 Para. 
 
 Scbed. 
 
 Part. 
 
 Para. 
 
 10 
 
 1 
 2 
 
 3 
 
 4 
 
 4 
 
 21 
 
 a 
 
 Page. 
 
 48 
 49 
 
 113 
 
 60 
 
 44 
 
 44 
 
 45 
 
 45 
 
 90 
 184 
 185 
 185 
 185 
 185 
 
 132 
 
 141 
 
 144 
 144 
 144 
 
 144 
 145 
 
 145 
 145 
 
 145 
 
 146 
 146 
 
 146 
 
 147 
 
 147 
 
 148
 
 360 
 
 THE EXGLISH MUXICIPAL COLE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part, 
 
 Para. 
 
 PaRe. 
 
 KKCORT)E,\\—eont{m<ed. 
 
 
 
 
 
 
 
 
 not to exorcise any power sjjecially 
 
 
 
 
 
 
 
 
 vested in council .... 
 
 165 
 
 4 
 
 d 
 
 
 , , 
 
 
 148 
 
 may appoint a deputy .... 
 
 166 
 
 1 
 
 , , 
 
 
 . , 
 
 
 148 
 
 in absence of, and deputy recorder, 
 
 
 
 
 
 
 
 
 mayor to open court and adjourn the 
 
 
 
 
 
 
 
 
 holding 
 
 167 
 
 1 
 
 , , 
 
 
 , , 
 
 
 146 
 
 may order second court to be formed, and 
 
 
 
 
 
 
 
 
 appoint assistant recorder . 
 
 1G8 
 
 I 
 
 , , 
 
 
 , , 
 
 
 148 
 
 to be judge of borough civil court Avhere 
 
 
 
 
 
 
 
 
 none other, &c 
 
 175 
 
 1 
 
 • • 
 
 
 , , 
 
 
 153 
 
 to certify for fees to officers for second 
 
 
 
 
 
 
 
 
 court of qtiartt r sessions 
 
 i . 
 
 • • 
 
 • P 
 
 4 
 
 • • 
 
 2 
 
 202 
 
 form of declaration on accepting office of 
 
 • t 
 
 
 • • 
 
 8 
 
 1 
 
 B 
 
 203 
 
 EECORDEES, jrAGISiHATES AND 
 
 
 
 
 
 
 
 
 CLERKS OF THE PEACE ACT, 1888. 
 
 
 
 
 
 
 • • 
 
 285 
 
 RE-ELIGIBILITY: 
 
 
 
 
 
 
 
 
 a person ceasing to hold office re-eligible 
 
 
 
 
 
 
 
 
 unless disqualified .... 
 
 37 
 
 
 
 
 .. 
 
 
 61 
 
 REFERENCES : 
 
 
 
 
 
 
 
 
 provisions for, in unrepealed enactments 
 
 
 
 
 
 
 
 
 to Municipal Corporations Act, 1835, 
 
 
 
 
 
 
 
 
 &c 
 
 242 
 
 1 
 
 
 
 
 
 192 
 
 REGISrRAR : 
 
 
 
 
 
 
 
 
 ■d,A to appointment of, in borough civil 
 
 
 
 
 
 
 
 
 court 
 
 178 
 
 1 
 
 , , 
 
 . , 
 
 
 . . 
 
 154 
 
 of borough civil court to summon persons 
 
 
 
 
 
 
 
 
 to serve on juries .... 
 
 186 
 
 3 
 
 
 •• 
 
 • • 
 
 • • 
 
 158 
 
 REGISTRATION OF ELECTORS' ACTS : 
 
 
 
 
 
 
 
 
 1843 to 1888 
 
 
 
 • • 
 
 
 . • 
 
 .. 
 
 304 
 
 RELIEF ACT, MUNICIPAL VOTERS, 
 
 
 
 
 
 
 
 
 1885 
 
 
 
 . • 
 
 • « 
 
 .• 
 
 
 276 
 
 RELIEF, MEDICAL, DISQUALIFICA- 
 
 
 
 
 
 
 
 
 TION REMOVAL ACT, 1885 . 
 
 . . 
 
 
 
 
 
 • • 
 
 279 
 
 REMUNERATION: 
 
 
 
 
 
 
 
 
 of barristers and others upon trial of 
 
 
 
 
 
 
 
 
 a petition to be fixed by judyvs on 
 
 
 
 
 
 
 
 
 rota 
 
 101 
 
 1 
 
 
 , , 
 
 • . 
 
 . , 
 
 101 
 
 to be first paid by Treasury, and on 
 
 
 
 
 
 
 
 
 their certificate out of borough rate or 
 
 
 
 
 
 
 
 
 fund 
 
 101 
 
 1 
 
 , , 
 
 ■ • 
 
 . . 
 
 , . 
 
 101 
 
 •when election court may order expenses 
 
 
 
 
 
 
 
 
 and rennuiL'ration to be paid by peti- 
 
 
 
 
 
 
 
 
 tioner or respondent .... 
 
 101 
 
 2 
 
 <(-b 
 
 .. 
 
 • • 
 
 • • 
 
 101 
 
 REQUISITION {See also Council— Mayor, 
 &c.) : 
 as to, by members of council to mayor 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 to call meeting 
 
 • • 
 
 •• 
 
 
 2 
 
 • • 
 
 4 
 
 39 
 
 REPEAL: 
 
 
 
 
 
 
 
 
 of Acts 
 
 5 
 
 
 .. 
 
 • • 
 
 .. 
 
 •• 
 
 21 
 
 REPEALS : 
 
 
 
 
 
 
 
 
 enactments repealed generally 
 
 , , 
 
 i • 
 
 * . 
 
 1 
 
 1 
 
 
 22 
 
 only as to boroughs 
 
 
 
 
 
 
 
 
 within this Act ..... 
 
 
 
 • ■ 
 
 1 
 
 2 
 
 
 2» 
 
 REPEALED ENACTMENTS : 
 
 
 
 
 
 
 
 
 saving in Act as to 
 
 260 
 
 1-3 
 
 •• 
 
 
 
 •• 
 
 199
 
 OEXERAL iyi)EX. 
 
 361 
 
 
 Sec. 
 
 Suljsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 RESIGNATION OF OFFICE : 
 
 
 
 
 
 
 
 
 may be made upou payment of fine 
 
 36 
 
 1 
 
 •• 
 
 •• 
 
 • • 
 
 •• 
 
 51 
 
 RESPONDENT {See also Municipal Election 
 
 
 
 
 
 
 
 
 —Petition — Petitioner, &c.) : 
 
 
 
 
 - 
 
 
 
 
 to have notice of presentation of petition, 
 
 
 
 
 
 
 
 
 nature of security, and copy of petition 
 
 89 
 
 o 
 O 
 
 , , 
 
 , , 
 
 , , 
 
 • 1 
 
 8!) 
 
 may object to recognisance . 
 
 89 
 
 4 
 
 
 • • 
 
 • • 
 
 • » 
 
 90 
 
 how objection to be decided . 
 
 89 
 
 5 
 
 
 ,, 
 
 • • 
 
 
 90 
 
 two or more candidates may be made in 
 
 
 
 
 
 
 
 
 petition ...... 
 
 91 
 
 3 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 91 
 
 upon trial of petition may give evidence 
 
 
 
 
 
 
 
 
 that the claimant was not duly elected 
 
 93 
 
 10 
 
 
 • • 
 
 
 • • 
 
 93 
 
 trial of petition to be proceeded with 
 
 
 
 
 
 
 
 
 notwithstanding has ceased to hold 
 
 
 
 
 
 
 
 
 office ....... 
 
 93 
 
 11 
 
 • • 
 
 • • 
 
 • • 
 
 ^ ^ 
 
 94 
 
 as to giving notice that he does not 
 
 
 
 
 
 
 
 
 intend to oppose petition when he is not 
 
 
 
 
 
 
 
 
 afterwards entitled to appear as a party 
 
 97 
 
 2 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 98 
 
 when, may be ordered to pay town clerk 
 
 
 
 
 
 
 
 
 the expenses of court .... 
 
 101 
 
 2 
 
 a-b 
 
 • • 
 
 • • 
 
 •• 
 
 101 
 
 RETURNS : 
 
 
 
 
 
 
 
 
 as to, of accounts by town clerk to Local 
 
 
 
 
 
 
 
 
 Government Board .... 
 
 28 
 
 1-6 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 44-5 
 
 uniform date for making \ip ufter 1891 . 
 
 • • 
 
 * • 
 
 
 • • 
 
 • • 
 
 • • 
 
 44 
 
 of inquests hxj coroners to Secretary 
 
 
 
 
 
 
 
 
 of State .... . . 
 
 173 
 
 ■ • 
 
 , , 
 
 See al 
 
 so App 
 
 endix.) 
 
 152 
 
 of rules by watch committee to 
 
 
 
 
 
 
 
 
 Secretary of State .... 
 
 192 
 
 • • 
 
 •• 
 
 • • 
 
 • • 
 
 • • 
 
 162 
 
 RETURNING OFFICER: 
 
 
 
 
 
 
 
 
 to be the mayor, for a whole borough . 
 
 53 
 
 1 
 
 , ^ 
 
 • ■ 
 
 • • 
 
 , , 
 
 65 
 
 to be an alderman chosen by the council 
 
 
 
 
 
 
 
 
 when borough divided into wards 
 
 53 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 66 
 
 if election not contested, to publish a 
 
 
 
 
 
 
 
 
 list of persons elected not later than 
 
 
 
 
 
 
 
 
 eleven o'clock in the morning in day 
 
 
 
 
 
 
 
 
 of election 
 
 57 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 71 
 
 duties of, at a contested election . 
 
 58 
 
 1 
 
 
 • • 
 
 • • 
 
 • • 
 
 71 
 
 has a casting vote 
 
 68 
 
 5 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 73 
 
 in boroughs other than cities and towns 
 
 
 
 
 
 
 
 
 being counties of themselves, mayor 
 
 
 
 
 
 
 
 
 to be, at parliamentary elections, but 
 
 
 
 
 
 
 
 
 the proviso not to extend to Berwick- 
 
 
 
 
 
 
 
 
 on-Tweed 
 
 244 
 
 1 
 
 ■ • 
 
 • • 
 
 , , 
 
 ■ • 
 
 192 
 
 if more mayors than one then mayor of 
 
 
 
 
 
 
 
 
 that borough to which writ of election 
 
 
 
 
 
 
 
 
 is directed to be 
 
 244 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 192 
 
 where mayor incapacitated or no mayor. 
 
 
 
 
 
 
 
 
 council to elect alderman to be . 
 
 244 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • f 
 
 192 
 
 REVISING BARRISTER : 
 
 
 
 
 
 
 
 
 recorder of borough may be appointed . 
 
 163 
 
 6 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 145 
 
 REVISION {See also Burgess Lists — 
 
 
 
 
 
 
 
 
 Burgess Roll — Councillor — Mayor, 
 
 
 
 
 
 
 
 
 &c., &c., &c.) : 
 
 
 
 
 
 
 
 
 procedure where borough is not parliamen- 
 
 
 
 
 
 
 
 
 tary* or comprised in parly . area 
 
 44 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 ■ • 
 
 67 
 
 This procedure is now obsolete by reason of the provisions of ttie County Electors Act, 1888.
 
 362 
 
 TEE e:sglish mumcipal code. 
 
 TxEYlS^iO'^— continued. 
 
 procedure where borough is included 
 in a parliameutary borough 
 
 EIGHTS OF PROPERTY : 
 
 of freemen, how far saved . 
 
 EIGHTS OF TRADING : 
 
 exclusive, abolished .... 
 
 ROYAL PREROGATIVE : 
 
 isaving as to 
 
 RULES : 
 
 non-compliance with, in Third Schedule, 
 not to invalidate election in certain 
 cases ....... 
 
 RULES OF COURT (ELECTION 
 PETITIONS) 
 to be made, revoked, or altered from 
 
 time to time by judges on the rota for 
 
 trial of parliamentary petitions . 
 to be laid before Parliament . 
 observed en parliamentary petitions 
 
 as far as may be, to be observed on 
 
 municipal petitions . 
 as to existing .... 
 
 index to ..... 
 
 General Rules by Judges 
 Additional General Rules by Judges 
 General Rules for execution of Part IV 
 
 RULES OF COURT OF RECORD : 
 by whom to be made, &c. . 
 how allowed ..... 
 
 SALARIES : 
 
 to be paid out of borough fund 
 
 see 
 
 SAVINGS: 
 
 for existing corporations . 
 local Acts ..... 
 prison Acts .... 
 
 military and naval ofBcers . 
 dockyards, barracks, &c. 
 as to Admiralty .... 
 for Lord Warden of Ciiuiue Ports . 
 Universities of Oxford, Cambridge, 
 
 and Dui'ham .... 
 jurisdiction over cathedral precincts 
 as to royal prerogative . 
 
 repealed enactments . 
 
 SCHEDULES : 
 
 meaning of term .... 
 to have effect as part of this Act . 
 
 Sec. 
 
 44 
 205 
 247 
 259 
 
 72 
 
 100 
 100 
 
 100 
 100 
 
 182 
 182 
 
 20 
 
 250 
 261 
 252 
 253 
 254 
 255 
 256 
 
 257 
 258 
 259 
 2(50 
 
 Subsec, 
 
 1-2 
 
 Para. 
 
 1-2 
 3 
 
 1-5 
 
 1-7 
 1-3 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1-25 
 
 Page. 
 
 59-60 
 169 
 193 
 199 
 
 79 
 
 100 
 100 
 
 100 
 1(0 
 213 
 215 
 222-3 
 224-32 
 
 U5-6 
 156 
 
 37 
 127 
 
 195-6 
 196 
 197 
 197 
 197 
 197 
 187 
 
 197-8 
 198 
 199 
 199 
 
 26 
 26
 
 GENERAL INDEX. 
 
 363 
 
 
 Sec 
 
 Subsec. 
 
 Para. 
 
 Sched- 
 
 Part. 
 
 Para. 
 
 Page. 
 
 SCHETtVLES—contimted, 
 
 J 
 
 
 
 
 
 
 
 First i Eepeals) : 
 
 
 
 
 
 
 1 
 
 
 enactments repealed generally 
 
 . . 
 
 • • 
 
 • • 
 
 1 
 
 1 
 
 • • 
 
 22-3 
 
 only as to boroughs 
 
 
 
 
 
 
 
 
 within this Act 
 
 . a 
 
 • • 
 
 • • 
 
 1 
 
 2 
 
 • • 
 
 23-4 
 
 Second : 
 
 
 
 
 
 
 
 
 meetings and proceedings of council 
 
 , , 
 
 , , 
 
 , , 
 
 2 
 
 • • 
 
 1-13 
 
 39-40 
 
 Thibd (Elections) : 
 
 
 
 
 
 
 
 
 preparation and revision of parish bur- 
 
 
 
 
 
 
 
 
 gess lists in boroughs not parliamen- 
 
 
 
 
 
 
 
 
 tary* , . . . ... 
 
 • . 
 
 • • 
 
 • • 
 
 3 
 
 1 
 
 1-25 
 
 59-60 
 
 rules as to nomination in election of 
 
 
 
 
 
 
 
 
 councillors ...... 
 
 • • 
 
 « • 
 
 • • 
 
 3 
 
 2 
 
 1-18 
 
 66-9 
 
 modifications of tho Ballot Act in its 
 
 
 
 
 
 
 
 
 application to municipal elections 
 
 . . 
 
 • • 
 
 • • 
 
 3 
 
 3 
 
 1-6 
 
 72 
 
 enactments which are to revive on the 
 
 
 
 
 
 
 
 
 expiration of the Ballot Act 
 
 . • 
 
 • • 
 
 
 3 
 
 4 
 
 1-10 
 
 81-2 
 
 ForETH (Fees and Eemuneration) : 
 
 
 
 
 
 
 
 
 to commissioner for division into wards 
 
 
 
 
 
 
 
 
 or alteration of wards 
 
 . . 
 
 , , 
 
 ,, 
 
 4 
 
 • • 
 
 1 
 
 47 
 
 assistant recorder and officers of second 
 
 
 
 
 
 
 
 
 court of quarter sessions 
 
 . • 
 
 , , 
 
 , , 
 
 4 
 
 • • 
 
 2 
 
 150 
 
 coroner ...... 
 
 . . 
 
 , , 
 
 ^ ^ 
 
 4 
 
 • • 
 
 3 
 
 162 
 
 special constables .... 
 
 • . 
 
 ,, 
 
 
 4 
 
 • • 
 
 4 
 
 162 
 
 Fifth (Payments out of Borough Fund) : 
 
 
 
 
 
 
 
 i 
 
 payments which may be made without 
 
 
 
 
 
 
 
 1 
 
 order . . . ' . 
 
 . . 
 
 • • 
 
 • • 
 
 6 
 
 1 
 
 1-3 
 
 127 
 
 not be made with- 
 
 
 
 
 
 
 
 
 out order 
 
 • . 
 
 • t 
 
 • • 
 
 5 
 
 2 
 
 1-12 
 
 128 
 
 Sixth : 
 
 
 
 
 
 
 
 1 
 
 counties to which certain boroughs are 
 
 
 
 
 
 
 
 1 
 
 to be considered adjoining for purposes 
 
 
 
 
 
 
 
 
 of criminal trials .... 
 
 ■ . 
 
 • • 
 
 t • 
 
 6 
 
 • • 
 
 • ■ 
 
 160 
 
 Seventh : 
 
 
 
 
 
 
 
 
 procedure for scheme on grant of new 
 
 
 
 
 
 
 
 
 charter ...... 
 
 • • 
 
 • • 
 
 • • 
 
 7 
 
 • • 
 
 • • 
 
 177 
 
 Eighth (Forms) : 
 
 
 
 
 
 
 
 
 Forms of Declaration on accepting Cor- 
 
 
 
 
 
 
 
 
 porate office : 
 
 
 
 
 
 
 
 
 declaration on accepting office 
 
 ^ ^ 
 
 • • 
 
 ,. 
 
 8 
 
 1 
 
 A 
 
 i 203 
 
 by recorder or borough 
 
 
 
 
 
 
 
 
 justice 
 
 .. 
 
 • • 
 
 • • 
 
 8 
 
 1 
 
 B 
 
 203 
 
 Forms relatuig to Elections : 
 
 
 
 
 
 
 
 
 specimen of bui-gess roll 
 
 • • 
 
 • • 
 
 • • 
 
 8 
 
 2 
 
 C 
 
 203 
 
 notice of claim ..... 
 
 • • 
 
 
 • • 
 
 8 
 
 2 
 
 D 
 
 2C4 
 
 objection . . . • . 
 
 
 
 
 8 
 
 2 
 
 E 
 
 i 204 
 
 list of claimants ..... 
 
 
 
 
 8 
 
 2 
 
 F 
 
 204 
 
 persons objected to . . . 
 
 .. 
 
 
 
 8 
 
 •I 
 
 G 
 
 205 
 
 notice of election . . , , . 
 
 
 
 
 8 
 
 2 
 
 H 
 
 205 
 
 nomination paper ..... 
 
 .. 
 
 • • 
 
 ., 
 
 8 
 
 2 
 
 I 
 
 206 
 
 ballut paper ...... 
 
 
 • • 
 
 
 8 
 
 2 
 
 K 
 
 206 
 
 Forms relating to Working Men's Dwell- 
 
 
 
 
 
 
 
 
 ings : 
 
 
 
 
 
 
 
 
 grant by corporation .... 
 
 • • 
 
 
 
 8 
 
 3 
 
 L 
 
 207 
 
 transfer of grant ..... 
 
 • • 
 
 
 
 8 
 
 3 
 
 M 
 
 208 
 
 lease by corporation .... 
 
 • • 
 
 • • 
 
 ^ ^ 
 
 8 
 
 3 
 
 N 
 
 208 
 
 assignment of lease .... 
 
 • • 
 
 
 
 8 
 
 3 
 
 
 
 209 
 
 Forms relating to Borough Bridges : 
 
 
 
 
 
 
 
 
 mortgage 
 
 • f 
 
 • • 
 
 
 8 
 
 4 
 
 P 
 
 209 
 
 transfer of mortgage .... 
 
 ■ • 
 
 % • 
 
 • • 
 
 8 
 
 4 
 
 Q 
 
 210 
 
 • By the County Electors Act, 1883, the method of revision is assimilated to that of parliamentary borougha.
 
 3C4 
 
 TIIF. EXGLHSII MVyiCIPAL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part, 
 
 Para. 
 
 Page. 
 
 1 
 
 SCTIEDULES— cow^twMtfi. 
 
 
 
 
 
 
 
 
 Ninth (Enactments in which reference to 
 
 
 
 
 
 
 
 
 Act is to be substituted) : 
 
 
 
 
 
 
 
 
 general references ..... 
 
 c « 
 
 • • 
 
 • • 
 
 9 
 
 1 
 
 • • 
 
 j 210 
 
 particular references .... 
 
 .. 
 
 a • 
 
 ■ • 
 
 9 
 
 2 
 
 • • 
 
 1 212 
 
 1 
 
 sen KM E: 
 
 
 
 
 
 
 
 
 of new or altered -wards 
 
 30 
 
 1-15 
 
 • • 
 
 • • 
 
 , , 
 
 , , 
 
 46-7 
 
 on grant of charter committee of Privy 
 
 
 
 
 
 
 
 
 Council to settle, for continuance or 
 
 
 
 
 
 
 
 
 abolition of and adjustment of rights 
 
 
 
 
 
 
 
 
 of existing local authorities 
 
 213 
 
 1-7 
 
 ., 
 
 • • 
 
 , , 
 
 
 i 174 6 
 
 before being settled to be referred to 
 
 
 
 
 
 
 
 
 Secretary of (State and Local Govern- 
 
 
 
 
 
 
 
 
 ment Board or Board of Trade . 
 
 214 
 
 1 
 
 ^ ^ 
 
 • • 
 
 , , 
 
 t • 
 
 176 
 
 to provide for placing new borough 
 
 
 
 
 
 
 
 
 within jurisdiction of council as sani- 
 
 
 
 
 
 
 
 
 tary authority ..... 
 
 214 
 
 2 
 
 , , 
 
 • • 
 
 • • 
 
 , , 
 
 177 
 
 if promotion or opposition pi'oper, local 
 
 
 
 
 
 
 
 
 authority may pay cost of . 
 
 214 
 
 4 
 
 • , 
 
 • 4 
 
 
 . . 
 
 177 
 
 provision in, as to police force in new 
 
 
 
 
 
 
 
 
 boroughs ...... 
 
 215 
 
 
 
 .. 
 
 
 
 177 
 
 SCHOOL BOAKDS ACT, 1885 : 
 
 , , 
 
 , . 
 
 • • 
 
 • • 
 
 • « 
 
 , , 
 
 278 
 
 SCHOOLS: 
 
 
 
 
 
 
 
 
 instruction in endowed, not to disqualify 
 
 
 
 
 
 
 
 
 for burgess roll ..... 
 
 33 
 
 4 
 
 b 
 
 , , 
 
 • • 
 
 
 50 
 
 SCRUTINY : 
 
 
 
 
 
 
 
 
 votes of persons found guilty of corrupt 
 
 
 
 
 
 
 
 
 practices to be struck off on 
 
 85 
 
 • • 
 
 
 • • 
 
 .. 
 
 
 87 
 
 SEAL, CORPORATE {See also Common 
 
 
 
 
 
 
 
 
 Seal- Seals, &c.) : 
 
 
 
 
 
 
 
 
 meaning of term 
 
 7 
 
 1 
 
 , , 
 
 
 , , 
 
 , ^ 
 
 25 
 
 bye laws to be authenticated by . 
 
 24 
 
 , ^ 
 
 • • 
 
 , , 
 
 , , 
 
 , , 
 
 43 
 
 warrant for levying a borough rate to be 
 
 
 
 
 
 
 
 
 sealed with 
 
 148 
 
 
 ■ • 
 
 
 
 . ■ 
 
 135 
 
 SEALS : 
 
 
 
 
 
 
 
 
 punishment for forgery of, under this 
 
 
 
 
 
 
 
 
 Act 
 
 235 
 
 
 • • 
 
 
 .. 
 
 
 190 
 
 SECRETARY OF STATE: {See also 
 
 
 
 
 
 
 
 
 Abstracts — Returns, &c.) : 
 
 
 
 
 
 
 
 
 meaning of term 
 
 7 
 
 1 
 
 • • 
 
 
 .. 
 
 
 26 
 
 SECURPfY {See also Costs) : 
 
 
 
 
 
 
 
 
 to be taken by council from town clerk. 
 
 
 
 
 
 
 
 
 treasurer, &c., for due performance of 
 
 
 
 
 
 
 
 
 duties 
 
 20 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 37 
 
 for costs in presenting an election petition 
 
 89 
 
 1 
 
 • • 
 
 
 
 
 89 
 
 SERVITUDE: 
 
 
 
 
 
 
 
 
 as to freedom by . . . . 
 
 201 
 
 204 
 
 •• 
 
 •• 
 
 •• 
 
 * « 
 
 •• 
 
 168 
 lo9 
 
 claims for admission by, to be examined 
 
 
 
 
 
 
 
 
 with reference to old charter 
 
 204 
 
 . . 
 
 • • 
 
 
 
 .. 
 
 109 
 
 SESSIONS {See also Borough Justices — 
 
 
 
 
 
 
 
 
 Quarter Sess'ons, &c.). 
 
 
 
 
 
 

 
 GENERAL INDEX. 
 
 3G5 
 
 SHERIFF: (If one) : 
 
 alderman to be elected immediately after 
 
 appointment of, in boroughs being coun- 
 ties, and in city of Oxford . 
 
 to be mad^3 at quarterly 
 meeting of council immediately after 
 election of mayor .... 
 
 to bold office until appointment of suc- 
 cessor ....... 
 
 to have same duties and powers as if Act 
 had not been passed .... 
 
 may not act as justice during shiievalty . 
 
 office of, not one of profit 
 
 SHOP : 
 
 interpretation of term .... 
 
 SHORTHAND WRITER : 
 
 to attend trial of election petition, to be 
 sworn, to take down evidence at length, 
 duties of, a copy of evidence taken by 
 him to accompany ceitificate of elec- 
 tion court, and his expenses to be 
 allowed according to a prescribed 
 
 SIGNATURES . 
 
 punishment for forgery of, tinder this Act 
 
 SINKING FUND : 
 
 as to payment by, on purchase of properly 
 by council ...... 
 
 SPECIAL CASE : {See also Election- 
 Petition, &c.) : 
 may be stated for the High Court upon a 
 petition ...... 
 
 SPECIAL CONSTABLES {See Borough- 
 Justices- -Fees, &c.) : 
 
 as to appointment of . . . 
 
 to make declaration by oath as set forth 
 in 1 & 2 Will. 4, c. 41 
 
 to act when required by warrant of 
 justice having jurisdiction in borough, 
 but not otherwise .... 
 
 warrant of, what it shall recite 
 
 having a vote at a parliamentary elec- 
 tion not liable or compellable to serve 
 as, at or during election 
 
 remuneration of .... • 
 
 SPECIAL RATES : 
 
 HiS uO • •••••• 
 
 SPECIAL TRUSTS : 
 
 ciS tO ••••••• 
 
 STAMP DUTY : 
 
 not payable on enrolment of burgess . 
 
 Sec. 
 
 60 
 
 170 
 
 170 
 170 
 170 
 
 31 
 
 99 
 235 
 
 113 
 
 93 
 
 196 
 196 
 
 196 
 196 
 
 196 
 196 
 
 123 
 
 134 
 
 45 
 
 Subsec. 
 
 2 
 1 
 
 2 
 3 
 4 
 
 Para. 
 
 Sched. Part. Para. 
 
 Pape. 
 
 74 
 151 
 
 151 
 
 151 
 
 lol 
 161 
 151 
 
 48 
 
 99 
 
 190 
 
 IDS 
 
 93 
 
 163 
 163 
 
 164 
 164 
 
 164 
 164 
 
 115 
 
 123 
 
 62
 
 366 
 
 THE EXOLISH MUXICIPAL CODE. 
 
 ST A1\I r D U T Y— ro;, lui iird. 
 
 as to composition for on consolidated 
 stocks . . . see footnole 
 
 SriPMNDIARY MAGISTRATE: 
 
 council of borough may present petition 
 for appointment of (to Secretary of 
 S:ate), vho must be a barrister of five 
 years' standing . . . . . 
 
 to hold oliice during Her Majesty's plea- 
 sure ....... 
 
 to be justice of borough by virtue of his 
 office ....... 
 
 as to salary ...... 
 
 how salary to be paid .... 
 
 as to appointment of deputy . 
 
 list of boroughs in which a, has been 
 appointed ..... see 
 
 on vacancy, no new appointment to bo 
 made without council again petition as 
 in first instance ..... 
 
 more than one, may be appointed for 
 borough 
 
 power of appointment of deputy (Act of 
 1888) 
 
 SUCCESSION : 
 
 as to qualificntion by, &c. . . 
 
 SUMMARY CONVICTION': 
 
 as to, of agent or canvasser acting for 
 
 reward if a burgess .... 
 
 as to same for voting .... 
 
 SUMMARY JURISDICTION ACT, 1884: 
 abstract of ..... . 
 
 SUMMARY PROCEEDINGS : 
 
 prosecution of offences and recovery of 
 fines on, to be laid within six months, 
 no conviction, order, or warrant to be 
 quashrd for want of form or removed 
 by certiorari unless an order of the 
 council for payment of money out of 
 bnrongli fund ..... 
 
 SUMMONS OR WARRANT: 
 
 as to service of, in a borough . . 
 SUMMONS TO AITE.ND COUNCIL: 
 must state business to bo transacted, but 
 need not if a quarterly meeting . 
 SUNDAY : 
 
 to be excluded in computation of time . 
 TEN POUND OCCUPIER: 
 
 entitled to be enrolled as burgess . 
 definition of . 
 THIRD SCHEDULE; 
 
 nomination of candidates for councillors 
 to be in accordance with Part 2 of 
 TIME: 
 
 Sunday, Christmas Day, Good Eriday, 
 Easter Monday, and Easter Tuesday, 
 or a day set apart for a public fast or 
 thanksgiving to be excluded in compu- 
 tation of . . • . . . 
 
 Sec. 
 
 161 
 
 IGl 
 
 IGl 
 Kil 
 IGl 
 
 Subsec 
 
 IGl 
 IGl 
 
 33 
 
 82 
 
 219 
 
 220 
 223 
 
 230 
 
 Para. 
 
 1-2 
 
 1-2 
 3 
 
 1-3 
 
 iiO 
 
 230 
 
 1-3 
 
 1-3 
 
 I 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 ]1I 
 
 143 
 
 143 
 
 143 
 143 
 143 
 143 
 
 U3 
 
 144 
 144 
 285 
 
 49 
 
 86 
 86 
 
 281 
 180 
 
 180 
 181 
 
 39 
 
 187-8 
 
 28 
 285 
 
 66 
 
 187-8
 
 GENERAL INDEX. 
 
 367 
 
 TIME TABLE : 
 
 of dates approximate and certain on 
 whicli various municipal duties are to 
 be performed ..... 
 
 TOLLS AND DUES : 
 
 saving of rights of creditors in respect of 
 
 TOWN" CLERK: {See Corporate Officers, 
 &c.) : 
 
 to be elected by council .... 
 hold office during pleasure of council . 
 have charge of all borough documents 
 
 in what time a vacancy is to be filled up. 
 
 required to give secui-ity 
 
 remuneration of .... . 
 
 to deliver a true account in Avriting of 
 all matters when required . 
 
 tomakereturn to Local Government Board 
 of receipts and expenditure of mvmici- 
 pal corporation for each financial 
 year ....... 
 
 date of account to be 25th March or as 
 the Local Government Board shall pre- 
 scribe on application of the council 
 the relum to be in form, &c., as Local 
 Government Board direct . 
 ■when return to be sent to thc' board 
 fine on town clerk for failing to make 
 return and how recoverable 
 
 if none, or incapable of acting, all acts 
 may be done by person appointed by 
 the mayor . . .... 
 
 to print parish burgess lists and sign 
 same, which is to be the burgess roll . 
 cause lists and burgess roll to be 
 printed, and deliver copies to any per- 
 son on payment ..... 
 
 proceeds to go to the borough fund sub- 
 ject to proviso ..... 
 
 to arrange names of non-resident lists, 
 viz., of persons entitled in respect of 
 property in the parish to be elected coun- 
 cillors although resident wiDiin fifteen 
 but beyond seven miles of the borough 
 in a separate list at the end of the 
 burgess roll ..... 
 
 give nine days' notice of election of 
 councillors ...... 
 
 receive voting papers for aldermen 
 from chairman, and to keep same 
 
 notice to be given to.uf casual vacancy in 
 office of councillor or auditor 
 
 notice of meeting for the eld tion to 
 casual vacancy of the office of mayor 
 to be signed by town clerk . 
 
 fine upon, for neglecting, &c., to receive, 
 print, &c., list of claimants or res-pen- 
 dents, or refusing to allow lists to be 
 inspected ...... 
 
 Sec. iSubsec, 
 
 Para. 
 
 130 
 
 17 
 17 
 17 
 17 
 20 
 20 
 
 21 
 
 28 
 
 28 
 
 28 
 
 28 
 
 43 
 
 45 
 
 48 
 
 48 
 
 49 
 
 54 
 
 60 
 
 66 
 
 66 
 
 75 
 
 1 
 2 
 o 
 
 4 
 
 3 
 4 
 
 Sched. 
 
 I II 
 
 Part. I Para. II Page. 
 
 222 
 
 119 
 
 36 
 36 
 36 
 36 
 37 
 37 
 
 37 
 
 44 
 
 44-0 
 
 46 
 45 
 
 45 
 
 66 
 60 
 
 63 
 63 
 
 64 
 
 66 
 75 
 
 77 
 
 78 
 
 81
 
 3r.s 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 TOWN Q^jm.K—cont\nHcd. 
 
 copy of municipal election petition to be 
 sent to ..... . 
 
 to publish f-ame ..... 
 
 to provide proper acoommoJation for 
 election coiii-t, and expenses incurred 
 by him to be paid out of the borougJ) 
 fund or rate ..... 
 
 wlien petitioner or respondent may be 
 ordi^red to pay expenses of the court 
 upon trial of a petition to . 
 
 to C'lusc tables of fees of clerk of peace, 
 clerk to justices, and registrar and olli- 
 c<;rs of borough civil coui t to be posted 
 
 to sign notices of meetings of council 
 
 parish burgess lists to be delivered to, by 
 the overseers ..... 
 
 to cause a printed copy to be affixed to 
 town hall ...... 
 
 to make lists of claimants and persons 
 objected to, and fix copies on town hall 
 
 to keep a printed copy for inspection 
 
 at revision court to produce lists 
 
 may be exaniined on oath 
 
 to provide noininatiun papers, and fill up 
 at the request of any burgess 
 
 nomination paper to be delivered to. 
 
 to send notice to each candidate of nomi- 
 nation. ...... 
 
 to give public notice of the nominations 
 
 notice to, of withdrawal of candidate 
 where an excess of nominations . 
 
 TOWN COUNCIL i^See Council). 
 
 TOWN HALL (*e Notice— Parish Burgess 
 Lists— To\\Ti Clerk, &c.) : 
 
 council may purchase land to build, and 
 borrow money for the purpose with 
 assent of the Treasury 
 
 TRADING : 
 
 exclusive rights of abolished . 
 
 TRANSFER OF SECURITIES : 
 
 to corporation by order of the Treasury . 
 
 TREASURER: (S'ce Corporate Officers, &c.) 
 council to a])point a . . . . 
 
 tenure of oilice of . 
 in what time vacancy in office of, is to 
 
 be filled up ..... 
 
 to dilivertrue accounts .... 
 to make up accounts half-yearly and 
 
 submit tliem to auditors 
 after audit of second half-yeir to print a 
 
 full abstract for the year . 
 all payments to and out of borough fund 
 
 to be made to .... . 
 
 Sec. Subsec. Para, 
 
 Sched. 
 
 88 
 88 
 
 99 
 
 101 
 
 23i 
 
 106 
 
 247 
 
 125 
 
 18 
 18 
 
 18 
 21 
 
 2G 
 
 27 
 
 112 
 
 1-4 
 
 Part. 
 
 a-h 
 
 a-d 
 
 I 
 Para. ! 
 
 Page. 
 
 2 
 3* 
 
 G 
 
 1 
 
 3 
 
 7 
 
 8 
 
 12 
 
 22 
 
 6 
 
 7 
 
 8 
 15 
 
 17 
 
 83 
 88 
 
 S9 
 
 101 
 
 IS9-P0 
 39 
 
 59 
 
 69 
 
 69 
 69 
 60 
 60 
 
 67 
 67 
 
 68 
 69 
 
 69 
 
 103 
 193 
 
 117-8 
 
 36 
 
 36 
 
 37 
 37 
 
 44 
 
 44 
 
 129 
 
 See the footnotes and references at pages f7 to 60 ante for altered procedure under provisions of 
 
 the Uo'iuty Electors Act, liSi.
 
 GENERAL IXLEX. 
 
 369 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 TR'Eik^TSTiYR— continued. 
 
 
 
 
 
 
 
 
 all pnyments made, to go to the 
 
 
 
 
 
 
 
 
 borough fund ..... 
 
 142 
 
 2 
 
 
 
 •• 
 
 •• 
 
 129 
 
 TEEASURY*: {See Charter— Election Peti- 
 
 
 
 
 
 
 
 
 tion — and other heads, but particu- 
 
 
 
 
 
 
 
 
 larly ' ' Local Government Board " for 
 
 
 
 
 
 
 
 
 " substituted approval ") : 
 
 
 
 
 
 
 
 
 meaning of term 
 
 7 
 
 1 
 
 
 
 
 
 25 
 
 to approve of remuneration to barristers, 
 
 
 
 
 
 
 
 
 officers, &c. , to pay in first instance, 
 
 
 
 
 
 
 
 
 and upon their certificate to be repaid 
 
 
 
 
 
 
 
 
 out of borough fund or rate 
 
 101 
 
 1 
 
 
 
 
 
 101 
 
 may consent to council borrowing money 
 
 
 
 
 
 
 
 
 to build towu hall, council-house, or 
 
 
 
 
 
 
 
 
 police office 
 
 105-6 
 
 , , 
 
 
 
 
 
 103 
 
 may consent to town council acquiring 
 
 
 
 
 
 
 
 
 land 
 
 107 
 
 , , 
 
 
 
 
 
 103 
 
 must approve of alienation of corporate 
 
 
 
 
 
 
 
 
 property ...... 
 
 108 
 
 1-2 
 
 
 
 
 
 105 
 
 may consent to disposal of corporate 
 
 
 
 
 
 
 
 
 property 
 
 109 
 
 , , 
 
 
 
 
 
 106 
 
 may impose conditions upon the borrow- 
 
 
 
 
 
 
 
 
 ing of money by council 
 
 112 
 
 1 
 
 
 
 
 
 108 
 
 may impose conditions as to the invest- 
 
 
 
 
 
 
 
 
 ment of money on sale or exchange of 
 
 
 
 
 
 
 
 
 coporate property .... 
 
 115 
 
 1-2 
 
 
 
 
 
 110 
 
 may approve of application of such 
 
 
 
 
 
 
 
 
 moneys 
 
 115 
 
 3 
 
 
 
 
 
 110 
 
 applications to, for approval of any sale. 
 
 
 
 
 
 
 
 
 loan or other financial arrangements 
 
 
 
 
 
 
 
 
 under Act 
 
 236 
 
 1 
 
 
 
 
 
 190 
 
 correspondence with, to be open to 
 
 
 
 
 
 
 
 
 public inspection .... 
 
 236 
 
 2 
 
 
 
 
 
 190 
 
 approval of Local Government Board 
 
 
 
 
 
 
 
 
 substituted for, after date in 1889 
 
 • • 
 
 • • 
 
 
 
 
 
 103 
 
 TREATING {See also Municipal Election- 
 
 
 
 
 
 
 
 
 Petition, &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 77 
 
 • • 
 
 
 
 
 
 83 
 
 when general, where avoids an election . 
 
 81 
 
 • • 
 
 
 
 
 
 86 
 
 TRUSTEES : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 ' 
 
 
 
 
 25 
 
 UNDUE INFLUENCE {See also Municipal 
 
 
 
 
 
 
 
 
 Election — Petition, &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 77 
 
 • • 
 
 
 
 
 
 83 
 
 cost upon an indictment for . 
 
 84 
 
 1 
 
 
 
 
 
 87 
 
 UNIVERSITIES : 
 
 
 
 
 
 
 
 
 of Oxford, Cambridge and Diirham, 
 
 
 
 
 
 
 
 
 nothing in Act to affect rights and 
 
 
 
 
 
 
 
 
 privileges of 
 
 257 
 
 1-7 
 
 • • 
 
 •• 
 
 a • 
 
 • » 
 
 197-8 
 
 VACANCY, CASUAL {See Casual Vacancy). 
 
 
 
 
 
 
 
 
 VALIDITY : 
 
 
 
 
 
 
 
 
 of acts of persons de facto in office . 
 
 42 
 
 1 
 
 • • 
 
 « • 
 
 • . 
 
 • • 
 
 65 
 
 VESTRY CLERKS : 
 
 
 
 
 
 
 
 
 must attend revision court 
 
 • • 
 
 a • 
 
 • • 
 
 3 
 
 1 
 
 20 
 
 60 
 
 24 
 
 * See hereon footnote and references at page 103, ante.
 
 370 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Sec. 
 
 VOTE : 
 
 as to casting vote of returning officer 
 ■whfre an equality of votes . 
 
 of a burgess at an election of councillor 
 not to be received if questions required 
 to be answered are not answered 
 
 of person guilty of corrupt practices to 
 be struck ofiF on a scrutiny . 
 
 VOTER {See also Municipal Election Petition, 
 &c.) : 
 
 meaning of term ..... 
 
 candidate paying or agreeing to paying 
 money on account of conveyance 
 of a voter to or from the poll, 
 guilty of an oflFence asainst the Act 
 
 vote of, guilty of corrupt practices to be 
 struck off on scrutiny 
 
 by ballot, not to be questioned in any pro- 
 ceedings as to whom he voted for 
 
 VOTING PAPER {See also Elections, &c.) : 
 a burgess entitled to receive a 
 used at election of an alderman to be 
 delivered by mayor to to\vn clei'k and 
 kept by him for twelve months . 
 
 "WARD ROLLS {See also Burgess Lists- 
 Burgess Roll — Wards, &c.): 
 burgess not to be enrolled in more than 
 
 one 
 
 to be arranged as the council shall direct 
 should be alphabetical .... 
 
 WARDS : 
 
 council must petition for a division of 
 borough into, or for an alteration 
 of the number and boundaries of . 
 
 •where borough has, the burgess roll 
 to be made in separate rolls called 
 ward rolls, the ward rolls collectively 
 to constitute the burge^is roll 
 
 when a borough has, a separate election 
 to be held for each ward 
 
 may be divided into polling districts 
 
 a person elected for more than one ward 
 to select for which ward he will 
 serve and how if he fails, . 
 
 WAREHOUSE : 
 
 how qualification by occupation of is 
 obtained ..... 
 
 WARRANT : 
 
 for the levying of a borough rate to be 
 issued and signed by the mayor. 
 
 58 
 
 59 
 85 
 
 77 
 
 83 
 
 85 
 
 104 
 
 51 
 
 60 
 
 Subsec.l Para. Sched. Part. 
 
 Para. 
 
 45 
 46 
 46 
 
 30 
 
 45 
 
 50 
 64 
 
 68 
 
 31 
 
 148 
 
 e 
 
 1 
 2 
 
 5 
 2 
 
 Page. 
 
 73 
 
 74 
 
 87 
 
 83 
 
 86 
 87 
 
 102 
 
 64 
 75 
 
 61 
 6i 
 62 
 
 46 
 
 61 
 
 64 
 77 
 
 78 
 
 48 
 
 135
 
 GENERAL INDEX. 
 
 371 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. Page. 
 
 1 
 
 WATCH COMMITTEE: 
 
 
 
 1 
 
 
 
 1 
 
 
 council to appoint, and not to be more 
 
 
 
 j 
 
 
 
 
 
 than one third of council 
 
 190 
 
 I 
 
 
 • • 
 
 • • 
 
 • • 
 
 161 
 
 may act by majority present, but not 
 
 
 
 
 
 
 
 
 unless three are so present . 
 
 190 
 
 2 
 
 , , 
 
 • • 
 
 • • 
 
 • • 
 
 161 
 
 to appoint borough constables. 
 
 191 
 
 1 
 
 
 • • 
 
 • * 
 
 • • 
 
 161 
 
 to frame regulations for efficiency of 
 
 
 
 
 
 
 
 
 borough constables .... 
 
 191 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 161 
 
 may suspend or dismiss borough con- 
 
 
 
 
 
 
 
 
 stables ...... 
 
 191 
 
 4 
 
 « • 
 
 • • 
 
 • • 
 
 • • 
 
 161 
 
 to make quarterly returns as to con- 
 
 
 
 
 
 
 
 
 stables 
 
 192 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 162 
 
 powers of, in a borough with less than 
 
 
 
 
 
 
 
 
 10,000 inhabitants, transferred to 
 
 
 
 
 
 
 
 
 county council ..... 
 
 , , 
 
 , , 
 
 • • 
 
 See also Appendix.) | 
 
 177 
 
 WATCH RATE : 
 
 
 
 
 
 
 
 
 where levied in a borough, council may 
 
 
 
 
 
 
 
 
 levy on occupiers of all hereditaments 
 
 
 
 
 
 
 
 
 within such parts of the borough as 
 
 
 
 
 
 
 
 
 are watched by day or night and are 
 
 
 
 
 
 
 
 
 declared liable to. 
 
 197 
 
 1 
 
 ^ , 
 
 • • 
 
 
 , , 
 
 164 
 
 to be made on an estimate of net annual 
 
 
 
 
 
 
 
 
 value of the several hereditaments 
 
 
 
 
 
 
 
 
 rated thereto ..... 
 
 197 
 
 2 
 
 « • 
 
 • • 
 
 
 , , 
 
 164 
 
 may be made by one . rate made yearly, 
 
 
 
 
 
 
 
 
 or by two or more rates made half- 
 
 
 
 
 
 
 
 
 yearly, or otherwise, and may be of 
 
 
 
 
 
 
 
 
 any amount not exceeding in any year 
 
 
 
 
 
 
 
 
 8d. ia the pound on net annual value 
 
 
 
 
 
 
 
 
 of the hereditaments rated thereto 
 
 197 
 
 3 
 
 • • 
 
 • • 
 
 
 , ^ 
 
 164 
 
 council and all persons concerned shall 
 
 
 
 
 
 
 
 
 have all powers given them in respect 
 
 
 
 
 
 
 
 
 of borough rate for ordering, making. 
 
 
 
 
 
 
 
 
 assessing &c. the same 
 
 197 
 
 4 
 
 , . 
 
 • • 
 
 
 • • 
 
 166 
 
 nothing in section to affect liability of 
 
 
 
 
 i 
 
 
 
 
 borough fund to make good any defi- 
 
 
 
 
 
 
 
 
 ciency of the, towards the expenses of 
 
 
 
 
 1 
 
 
 
 
 the police ...... 
 
 197 
 
 7 
 
 • • 
 
 • • 
 
 
 ^ , 
 
 165 
 
 no hereditaments to be liable to, if 
 
 
 
 
 
 
 
 
 exempted by any local Act from pay- 
 
 
 
 
 1 
 
 
 
 
 ment of ...... 
 
 197 
 
 8 
 
 • • 
 
 , , 
 
 
 , « 
 
 165 
 
 nothing in section to alter the compara- 
 
 
 
 
 
 
 
 
 tive liability to, of any hereditaments 
 
 
 
 
 
 
 
 
 which are under any local Act in 
 
 
 
 
 
 
 
 
 respect of any, entitled to any deduc- 
 
 
 
 
 ] 
 
 
 
 
 tion from, or chargeable with any 
 
 
 
 
 
 
 
 
 increase on, an equal pound rate, 
 
 
 
 
 
 
 
 
 &c 
 
 197 
 
 9 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 165 
 
 where part only of a parish is liable to 
 
 
 
 
 
 
 
 
 overseers not to pay out of poor rate 
 
 
 
 
 , 
 
 
 
 
 the amount of, charged by the council 
 
 
 
 
 
 
 
 
 on that parish, but to make a separate 
 
 
 
 
 
 
 
 
 rate or assessment on the parts only 
 
 
 
 
 
 
 
 
 liable to ...... 
 
 198 
 
 1 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 165 
 
 no such separate rate to be demanded 
 
 
 
 
 1 
 
 
 
 
 until allowed by two justices, and pub- 
 
 
 
 
 
 
 
 
 lished, as in case of poor's rate . 
 
 198 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 166 
 
 persons aggrieved by separate rate may 
 
 
 
 
 
 
 
 
 appeal to quarter sessions . 
 
 198 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 166
 
 .372 
 
 77//; KXai.ISlI MUNICIPAL CODE. 
 
 WATCn iKkTY.— continued. 
 
 separate rate may he of rate in the pound 
 ncccss;iry for raising- sum cliaififcd by 
 council, l>ut not exci'odinj^ '2d. in the 
 pound beyond the rate in the pound at 
 which council have computed the, 
 charged by them. .... 
 
 oversciirs t<j account for money collected 
 under separate rate as for money col- 
 lected under a poor rate 
 
 council may excuse person from pay- 
 ment of ..... . 
 
 overseers may levy hy distress and sale 
 on defaulters of payment of 
 
 warrant for levy of, may bo issued by 
 mayor, signed by him, and sealed with 
 corporate seal ..... 
 
 money raised by, or by separate rate, to 
 go to borough fund .... 
 
 WIDOWS : 
 
 of burgesses or freemen, rights of, pre- 
 served 
 
 WITNESS : 
 
 costs and expenses of, upon an indict- 
 ment for bribery, undue influence, or 
 personation to be allowed . 
 
 upon trial of a petition, to be sworn, &c. 
 
 guilty of a contempt of court in refusing 
 to appc^ar after being ordered 
 
 court may examine, though he bo not 
 called by eitlier party .... 
 
 as to cross-examination of, after examina- 
 tion by the court. .... 
 
 bound to answer all questions, though 
 they tend to criminate, but entitled to 
 a certificate of indemnity if he answers 
 
 production of certificate a stay of in-oceed- 
 ings in an action or on an indict 
 ment against .... 
 
 the giving or refusing such certificate to 
 to bo final .... . 
 
 a statement made by, in answer to ques 
 tions of election court, not be admissible 
 in evidence, except in cases of perj ury 
 
 expenses of, may be allowed . 
 
 WOMEN : 
 
 may vote at municipal elections if other- 
 wise qualified ..... 
 but not married women. [See comment). 
 
 WORKING MEN'S DWELLINGS : 
 
 council may grant leases of land for 
 may make roads, drains, &;c., forconvert- 
 
 ing same into building land, 
 as to provisions of lease for 
 provisions to be valid in case . 
 as to costs of execution of Act in respect of 
 
 Sec. ISubsec Para. 
 
 198 
 
 198 
 198 
 198 
 
 199 
 
 200 
 
 205 
 
 94 
 
 94 
 94 
 
 94 
 94 
 
 63 
 
 111 
 
 111 
 
 •2 
 
 111 
 
 3 
 
 in 
 
 4 
 
 111 
 
 5 
 
 84 
 
 1 
 
 94 
 
 1 
 
 94 
 
 2 
 
 94 
 
 3 
 
 94 
 
 4 
 
 Sched. Part, 
 
 Para.
 
 GENERAL INDEX. 
 
 373 
 
 
 Sec. 
 
 Sub sec. 
 
 Para, 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 WOEKING MEN'S DWELLINGS--co«;(?. 
 meanin<5 of term " working men's 
 dwellings " ..... 
 form of grant by corporation . 
 transfer of gx-ant 
 lease by coriioration . 
 assignment of lease 
 
 "WOESHIP, PLACE OF : 
 
 municipal election not to be held in any . 
 
 WEITING: 
 
 interpretation of term and what it 
 includes 
 
 Ill 
 
 • • 
 
 • • 
 « • 
 
 • • 
 
 69 
 
 7 
 
 6 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 1 
 
 • • 
 • • 
 
 • • 
 
 8 
 8 
 8 
 8 
 
 • • 
 ■ • 
 
 • . 
 3 
 3 
 3 
 3 
 
 • • 
 
 • • 
 
 L 
 
 N 
 
 
 • « 
 
 • • 
 
 108 
 207 
 208 
 208 
 209 
 
 78 
 2,5 
 
 25
 
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 WATERLOW ^' SONS LIMITED, LAW PUBLLSUERS 
 
 THE 
 
 MUNICIPAL CORPORATIONS COMPANION, 
 
 DIARY, DIRECTORY, 
 
 AND YEAR BOOK OF STATISTICS. 
 
 Published Annually in December. 
 
 — ^^ ' — C ' 
 
 SYNOPSIS OE CONTENTS. 
 
 A CALENDAR FOR THK YEAR, comprising Changes of the Moon— Monthly Notes of Municipnl and 
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 of the same period in the previous year — Eclipses— Law Terms — University Terms— Quarter Days, &c. 
 
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 Population at the Last Census — Number of Parliamentary an(l Municipal Electors — Number of Houses 
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 A VALUABLE TREATISE ON MUNICIPAL LAWS FROM THE EARLIEST TIMES. 
 
 THE ASSOCIATION OP MUNICIPAL CORPORATIONS.— Names of Committee— Officers, &c., &c, 
 
 A LIST OF THE URBAN SANITARY AUTHORITIES, PORT SANITARY AUTHORITIES, AND 
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 GOVERNMENT AND PUBUCOFFICBS DIRBCTORY,withNamesof Officials, Hours of Attendance, Ac. 
 
 AN ANALYSIS OF THK STAMP DUTIES, with latest Amendments. 
 
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 of those having relation to MUNICIPAL CORPORATIONS. 
 
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 — List of Places (aljihabotically) represented — Table of Members' Attendances at Divisions — Names of 
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 GENERAL INFORMATION OF A USEFUL CHARACTER. 
 
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 In addition to a vast mass of useful and interesting matter it will contain — 
 
 THE COUNTIES OF ENGLAND AND WALES 
 IN ALPHABETICAL ORDEK, the information 
 for each County comprising : — 
 
 A TOPOGRAPHICAL AND GENERAL DE- 
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 A GEOLOGICAL DESCRIPTION,— Nature of 
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 A BRIEF HISTORICAL DESCRIPTION from 
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 THE TRADE AND MANUFACTURES of the 
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 PRINCIPAL MARKETS, FAIRS, &c. 
 
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 THE COUNTY ELECTOES 
 
 AND 
 
 LOCAL GOVERNMENT ACTS, 1888. 
 
 JSIiJING A TREATISE ON THE ABOVE STATUTES 
 
 AND OTHERS RE-ENACTED THEREIN. 
 
 WITH COPIOUS NOTES AND APPENDICES, CONTAINING 
 
 EXTRACTS EPvOM PARLIAMENTARY PAPERS ISSUED IN 
 
 CONNECTION WITH LOCAL GOVERNMENT. 
 
 ALSO THE 
 
 PARLIAMENTARY ELECTIONS (RETURNING 
 
 OFFICERS') ACTS, 
 
 MUNICIPAL REGISTRATION ACT 1878, MUNICIPAL 
 
 ELECTIONS (CORRUPT PRACTICES ACT) 1884, 
 
 AND 
 
 ADAPTED PORTIONS OF OTHER STATUTES. 
 
 BY 
 
 HENRA^ STEPHEN, 
 
 Of the Middle Temple, Barrister-at-Law. 
 Editor of the Ninth Edition of "Stephens Commentaries." 
 
 and 
 
 IIOEACE E. MILLER, LL.B., 
 
 Op the Middle Temple, Baerister-at-Law, late Equity and Common Law 
 Scholar, Campbell-Foster Prizeman, &c. 
 
 In Cloth, 21s. 
 
 85 & 86, LONDON WALL; 25, 26 & 27, GREAT WINCHESTER STREET; 
 49 & 50, PARLIAMENT STREET ; and EINSBURY FACTORIES. 
 
 16 
 
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