THE 
 
 ENGLISH MUNICIPAL CODE: 
 
 BEING THE 
 
 MUNICIPAL CORPORATIONS ACT, 1882 
 
 (45 & 46 Victoria. Chapter 50) ; 
 
 WITH HISTORICAL INTRODUCTION, NOTES, COMMENTS, 
 
 AND REFERENCES; 
 
 THE GENERAL ORDERS OF THE JUDGES 
 
 UNDKR.THE CORRUPT PRACTICES (MUNICIPAL ELECTIONS) ACT; 
 
 A STATISTICAL APPENDIX, 
 
 AND 
 
 A COMPREHENSIVE INDEX. 
 
 J. W. HUME WILLIAMS, 
 
 OB THE MIDDLE TEMPLE, BABBISTEK-AT-LA'W 
 
 J. R. SOMERS VINE, F.S.S. 
 
 AITHOE OF "ENGLISH MUNICIPAL INSTITUTIONS- TIIIUE GEOWTH AND DEVELOPMENT;" 
 AKD EDITOR OB "TE8 Ml'MCIPAI, CORPORA! ; I'ANION AND 
 
 YEAtt BOOK OF STATISTICS," &C, &C„ &C. 
 
 LONDON: 
 VVATERLOW & - WATE KLo^BRo^^r,.. ©IN WALL, E.C 
 
 LAW \ 'IN II'. A I 
 
 STATlOKERS 
 
 LCtMOCPIV^Hf «S TBINTtRS«r I 
 I i:\ZY«.l~- IIIUI HIV I.ANC J 
 
 •"' M
 
 BAU 
 
 I.MI'k'OYI 
 set < 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 POST. 
 
 with full 
 JB2 15 
 
 Skeleton Balance, Brass, to Weigh 8-lbs., with Brass 
 
 Weights, i. 2, and 5-lbs. - - i>l 15 
 
 Skeleton Balance, Iron, to Weigh 8-lbs., with Iron 
 
 Weights, 1, 2, and 5-lbs. - -£100 
 
 WATERLOW BRO s & LAYTON, 
 
 24, BIRCHIN LANE, LONDON, E.C.

 
 THE 
 
 ENGLISH MUNICIPAL CODE: 
 
 BEING THE 
 
 MUNICIPAL CORPORATIONS ACT, 1882 
 
 (45 & IG Victoria, Chapter 50); 
 
 WITH HISTOEICAL INTRODUCTION", NOTES, COMMENTS, 
 
 AND REFERENCES ; 
 
 THE GENERAL ORDERS OF THE JUDGES 
 
 UNDER THE CORRUPT PRACTICES (MUNICIPAL ELECTIONS) ACT; 
 
 A STATISTICAL APPENDIX, 
 
 AND 
 
 A COMPREHENSIVE INDEX. 
 
 HY 
 
 J. \V. HUME WILLIAMS, 
 
 OP THE MIDDLE XLMPLB, BABBISTJiB-AT- 1 AW 
 
 AMI 
 
 J. R. SOMERS VINE, F.S.S. 
 
 AUTHOB OF "ENGLISH MUNICIPAL INSTITUTIONS- THEIB GBOWTII AND DEVELOPMENT;" 
 
 AND EDITOB OF "THE MUNICIPAL COBPOBATIONS COMPANION AND 
 
 YEAR BOOK OF STATISTICS," &C, &C &C. 
 
 LONDON: 
 WATERLOW & sons LIMITED, LONDON WALL, E.C, 
 
 1 8 8 2 .
 
 
 >S'«T.
 
 5 
 
 ^ 
 
 k 
 
 ^ 
 
 TO THE 
 
 EIGHT HON. SIR TO. VERNON HARCOURT, Q.C., M.P. 
 
 ETC. ETC. ETC. 
 
 HER MAJESTY'S SECRETARY OP STATE FOR THE HOME DEPARTMENT, 
 
 EQVALLY DISTINGUISHED A3 
 
 A LAWYER AND A STATESMAN, 
 
 THIS VOLUME IS RESPECTFULLY DEDICATED 
 
 BY 
 
 THE EDITORS. 
 
 79ILZ9
 
 PRE F AC E. 
 
 T?IFTY years' experience of the working of the Municipal Corpo- 
 rations Act of 1885 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, diffused 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. Ilibbert, 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 arc more particularly noticed under the several 
 sections in which tiny appear,
 
 VI PREFACE. 
 
 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 qualified 
 
 to he such " — in other words, the Council may choose the Mayor from the 
 
 general body of burgesses or non-residents qualified for election as councillors, 
 
 to the exclusion of members of the Council {See section 15 (1) at page 33). 
 All questions at, and acts of a Council, are to be decided by a majority of the 
 
 members present and voting (See Schedule II., paragraph 10, at page 38). 
 Notice in writing, to the Town Clerk, is required for the resignation of a corporate 
 
 office (See section 36, at page 49). 
 The salary of a Recorder maybe increased without the necessity of reappointment 
 
 or a new appointment (See section 163, at page 143). 
 The powers of the Recorder are given to the deputy Recorder (See section 168 (9), 
 
 at page 148). 
 The Watch Committee is not to- exceed in number one-third of the Council (See 
 
 section 190 (1), at page 159). 
 Assaults on Borough Constables are treated as provided for in section 81 of the Act 
 
 of 1835, notwithstanding intervening legislation (Sec section 195 (1), at page 
 
 161). 
 Borough Constables may take bail by day or night (See section 227, at page 182). 
 
 There are other changes which remove doubts as regards identity of 
 candidates or voters raised in manv 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 
 Sections 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 to 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. 
 
 London, December 1st, 1882.
 
 CONTENTS. 
 
 Title Page . 
 Dedication . 
 Pbeface 
 
 Contexts Table . 
 Addenda et Corrigenda 
 
 i 
 
 iii 
 
 v 
 
 vii 
 
 viii 
 
 Nature and Constitution of Municipal Cobporations 
 History of the English Municipalities 
 The Municipal Corporations Act, 1882 
 
 Schedules to ditto ...... 
 
 1 
 3 
 
 13-198 
 199-210 
 
 Appendix: — 
 
 General Eules made by Judges, Nov. 20, 1872 . .211 
 Additional ditto ditto Dec. 10, 1872 . . 220 
 Ditto ditto ditto Jan. 27, 1 8 7 r> . .221 
 Time Table of Municipal, &c, Duties .... 222 
 Municipal Cities and Boroughs in England and Wales . 227 
 List of Cases quoted 231 
 
 Gk.\i;i:ai. Index 
 
 !33
 
 ADDENDA ET CORRIGENDA. 
 
 Section 22, and the Second Schedule, paragraph 3 (at page 37). Add to comment 
 following : ' ' This, however, applies only to meetings called by the mayor on his own 
 initiative." 
 
 Section 155 (subsection 2). The word "severally" in comment following should be 
 "socially." 
 
 Section 215. Add to comment following; "By section 14 of 3 & 4 Vict. c. 88 
 (1840), an agreement by a borough for consolidation of its police force with the 
 county must be sealed with the common seal. Six months' notice must be given 
 of proposed termination of the agreement ; but such agreement, although it may be 
 entered into voluntarily, cannot be terminated without the sanction of the Secretary 
 of State {See 19 & 20 Vict. c. 69, s. 20)." 
 
 In comment following section 20, at page 36, for Beg. v. Priest, read Prest.
 
 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 " English Municipal Institutions— their Growth and I levelopment," by J. R. Soiners 
 Vine, F.8.S. : Wuturlow and Bona Limited, London Wall, E.C. (1879).
 
 2 THE ENGLISH MUNICIPAL CODE. 
 
 .mder the English law, do, indeed, very much resemble those under 
 the civil law ; and it is evident that the principles of law applicable 
 to corporations under the former were borrowed chiefly from the 
 Roman law, and from the policy of the municipal corporations 
 established in Britain 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- 
 p nations aggregate consist of many persons united together into 
 one society, aud 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 poison they could not have had. 
 Another division of corporations, either sole or aggregate, is into 
 ecclesiastical and lay ; while lay corporations are again subdivided 
 into civil and eleemosynary. The civil are such as are created for a 
 variety of temporal purposes, and under this head are included 
 municipal corporations. The 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 the 
 mere act and voluntary association of their members. But, in 
 England the consent of the Crown is absolutely necessary to the 
 creation of any corporation ; 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, whereby the consent of the Crown is presumed, is as to all 
 corporations by 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.
 
 HISTORY OF THE ENGLISH MUNICIPALITIES. 3 
 
 After a corporation is so formed and named, it acquires many powers, 
 rights, capacities, and incapacities. As — 
 
 (1) To have perpetual succession. 
 
 (2) To sue or to be sued, implead or be impleaded, grant or 
 receive by its corporate name, and do all other acts as natural 
 persons may. 
 
 (3) To purchase lands, and hold them for the benefit of them- 
 selves and ihcir 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 
 Roman 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 sheriffs), the boroughs 
 were under the rule of borough- or port-reexes. As the counties had 
 their shire-gemotes 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 Sketch is (with some few additions) taken from "The English Municipali- 
 ties— th<ir Growth mill Devi 1< ppimjnt, " liy J. R. Soiners Vine, F.S.S. : Waterlow and Sons 
 Limited, London Wall, E.G. (1879).
 
 4 TEE ENGLISH MUNICIPAL CODE. 
 
 mediate communities and responsible obligations to the witena-gemot, 
 or national council. The 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 iherelo 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 rice-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 xception, however, it would seem that 
 "William the Conqueror did not alter the local institutions of the 
 country 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 Saxon laws. The king's peace is to be 
 preserved, the freemen are to be sworn to their allegiance, the 
 payment of scot and lot (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 
 g' 'vernment 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
 
 HISTORY OF THE ENGLISH MUNICIPALITIES. 5 
 
 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 they 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 then- 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 resiancy be burgesses in 
 the place of their residence, but woidd be entered under the manors of which their 
 lands were held. There are also, numerous instances in which, the burgesses being 
 distinctly connected with their houses, and the 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 Canterbury, 14 burgesses are mention d 
 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 privileges 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.
 
 6 THE EXGLISII MUNICIPAL 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 order 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 
 tin' 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 burgessship, 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 chiefly such as regarded the 
 burgesses in their external relations. "What the inhabitants mainly 
 secured in their contracts with the king, in addition to their primarv 
 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 ferm by their own appointed chief 
 officer ; that the profits arising from fines, &c, in the borough courts,
 
 HISTORY OF TEE ENGLISH MUNICIPALITIES. 7 
 
 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 were 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 
 Crown. 
 
 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, arid ultimately pro- 
 duced the gravest and most intolerable abuses, which were not swept 
 away until the year 1835. In the year 1439 the first charter of 
 incorporation to a municipal bod} 7 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 disinclination 
 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 upou 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 
 maj'or at defiance, and threatened to reduce the town to a state of 
 anarchy. But although the boroughs showed but slight desire for 
 incorporation, the courts of law were determined to thrust it upon 
 them. In 14GG the Court of Common Picas 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, &o." 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.
 
 8 THE ENGLISH MUNICIPAL CODE. 
 
 The increasing importance of the House of Commons under the 
 Tudor sovereigns made these princes exceedingly anxious to establish 
 an ascendancy in that assembly. The first mode adopted was 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 VIII., and to a much greater extent by Queen Mary and 
 Queen Elizabeth ; but the House of Commons 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 general body of 
 inhabitant householders could be deprived of their privileges, and 
 if these could be handed over to some select knot who would be 
 under the dictation of the Crown or of some great men in the neigh- 
 bourhood, the end in view 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 of the 
 existence of corporations 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-residents, 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 effect 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,
 
 HISTORY OF THE ENGLISH MUNICIPALITIES. 9 
 
 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 Elizaheth 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 Restoration 
 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 quo warranto, 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 surrendered them 
 through the agency of the select bodies, on the promise of having new grants from the 
 Crown ; 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 ro 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 1G8&, 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 
 sheriffs to make the return Erom tin < In (ions according to the rights which had last, 
 been determined by the House of Commons, by which means the varying and anoma- 
 lous usages of the different boroughs and the contradictory decisions of committees woro 
 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 courts of law relied upon the few early cases to which
 
 10 THE ENGLISE MUNICIPAL CODE. 
 
 we have referred, and the extra-judicial opinions in the reigns of Elizabeth and James ; 
 and the)- fell into the same course which the House 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, upheld the same principles, supported usage, maintained the select 
 bodies, sanctioned the non-residents, confirmed numerous bye-laws not in accordance 
 with the charters or with each other, but giving a different constitution to every different 
 borough, and as the greatest and worst innovation of all, gave the stamp of judicial 
 authority to the doctrine of the arbitrary admission of burgesses by the corporations, a 
 principle which had not before been expressly sanctioned by legal decisions. * * * 
 During the reigns of Queen Anne, George I., II., 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-tenants, 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 their 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 innovations — for so they may be justly 
 described — was that the municipal corporations were, for the most 
 part, in the hands of narrow and self-elected cliques, who administered 
 local affairs for their own advantage, rather 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 
 funds 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 strengthening and supporting the 
 political framework of the country, were a source of weakness and a 
 fertile cause of discontent. 
 
 Such 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 b}' a long series of usurpations. 
 
 Between the 9th of* September, 1835 (the date of the passing of
 
 HISTORY OF TEE ENGLISH MUXICIPALITIES. 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 Viet. 
 c. 26), there were 29 Acts* passed, which, 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 
 summarized : — 
 
 (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 
 sixty-four members thereof. The burgesses, by which term is indicated those individuals 
 enjoying 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 I 9 
 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 boroughs both municipal and parliamentary, settled by a 
 revising banister ; in boroughs municipal only that duty devolved upon the mayor, aided 
 by t\w> annually-elected assessors. The burgesses elected the councillors by ballot, on the 
 first of November in each year, and the council chose the aldermen biennially (one for every 
 three councillors), 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 1809 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 applied only 
 to burj. T e.sM s living beyond seven but within fifteen miles 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 during his tenure of office and one year after. There were certain monetary 
 penalties, limited in amount, for the non-acceptance of office. 
 
 (I>) To provide for the performance of the following functions (amongst others of a 
 minor charai tor : — 
 
 (1) Administration of justice in local criminal and civil courts. 
 ;; i thent 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 dismis al of public servants. 
 
 ition of sanitary regulations under the Public Eealtb \ I . 
 it,, Paving, lighting, supplying water, cleansing, and maintenance and improvement of 
 
 t boroughfares and bi u ragi , 
 (7 1 Establishment and maintenance of public buildings, works, museums, and libraries. 
 (8) Making and maintaining harbours, docks, and navigations. 
 
 Administration of speci il charitable trusts. 
 (l(n Buperintendi ore 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 | 15 & 16 Vict. c. 50). 
 
 f An examination of the Consolidation Act will of course show to what extent lie- law as it 
 
 stood when the Act was passed — lias been amended by its provisions. The general effect of the 
 
 law as ammarized in paragraph is still preserved, but there are more or less important 
 
 i adments, such, for instance, as thai which now permits the mayor to be chosen from tho 
 
 burgi ii - 1 at largi ( lau 15, lubsection lj.
 
 12 THE ENGLISH MUNICIPAL 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 these pages. One of them — " Our municipalities 
 produce qualities which are the best safeguards of England's great- 
 ness " — is an unassailable declaration which does not admit the 
 shadow of denial even from those who have never enjoyed the high 
 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 
 legislation, 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 Roll 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 have 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 which 
 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. 
 
 * The Eight Hon. W. E. Gladstone, M.P.
 
 THE 
 
 MUNICIPAL CORPORATIONS (CONSOLIDATION) ACT, 
 
 18 8 3. 
 (45 & 46 VICTORIA, CHAPTER 50.) 
 
 AN ACT FOR CONSOLIDATING, WITH AMENDMENTS, ENACTMENTS RELATING 
 TO MUNICIPAL CORPORATIONS IN ENGLAND AND WALES. 
 
 This Act received the Royal Assent on August 18i/t, 1882. 
 
 PEEAMBLE. 
 
 "WHEREAS divers bodies corporate at sundry times have been Preamble. 
 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 
 seventy-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 : 
 
 * Referred to throughout the comtnents niid notes following as "the Act of 1835."
 
 14 TEE ENGLISH MUNICIPAL CODE. 
 
 PART I. 
 PRELIMINARY. 
 
 Short titio. 1. — This Act may be cited as the Municipal Corporations Act, 
 
 1 882. 
 
 Division of Act 2. — This Act is divided into [Thirteen! Parts*, as follows: 
 
 into parts [and L _l * 
 
 arrangement of 
 
 sections!. t, T -r> 
 
 Part I. — Preliminary. 
 Soctiun 
 
 1. Short title. 
 
 2. Division of Act into parts. 
 
 3. Extent. 
 
 4. Commencement. 
 
 5. Repeals. 
 
 6. Application. 
 
 7. Interpretation and construction. 
 
 Part II. — Constitution and Government of Borough. 
 
 Corporate Name. 
 
 8. Name of municipal corporation. 
 
 Burgesses. 
 
 9. Qualification of burgess. 
 
 Council ; Mayor, Aldermen, and Councillors, 
 
 10. Constitution of council. 
 
 1 1 . Qualification of councillor. 
 
 12. Disqualifications for being councillor. 
 
 13. Term of office and rotation of councillors. 
 
 14. Number, term of office, and rotation of aldermen. 
 
 15. Qualification, term of office, salary, precedence, and powers of mayor. 
 
 16. Power of mayor to appoint deputy. 
 
 Officers of Council. 
 
 17. Tbe town clerk and deputy. 
 
 18. Tbe treasurer. 
 
 19. Otber borough officers. 
 
 20. Security by and remuneration of officers. 
 
 21. Accountability of officers. 
 
 * The arrangement of sections, which in the Act itself forms the Introduction, is 
 inserted here as being the most fitting place for consecutive reference.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS8. 15 
 
 Meetings and Proceedings of Council; Committees. Division of 
 
 22. Quarterly and other meetings of council ; appointment of eomn i [and aria 
 
 minutes, &c. \ )u , nt v/ * - 
 
 Bye-laws. sections], 
 
 23. Power of council to make bye-! . 
 
 24. Evidence of bye-laws. 
 
 Accounts and Audit. 
 
 25. The borough auditors. 
 
 26. Half-yearly accounts of treasurer. 
 
 27. Audit and publication of treasurer's accounts, 
 -b. Returns to Local Government Board. 
 
 Revising Assessors. 
 
 29. Revising assessors in non-parliamentary boroughs. 
 
 Division of Borough into Ward", or alteration oj Wards. 
 
 30. Proceedings for division of borough into wards, or alteration of wards. 
 
 Supplemental and Exceptional Provisions. 
 
 31. Occupation of part of house. 
 
 32. Claim 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. Mayor and aldermen to continue members of council. 
 o9. 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 notwithstanding disqualification, &c. 
 
 43. Duties of town clerk, deputy, and treasurer during vacancy or in- 
 
 capacity. 
 
 Part III. — Preparations for and Procedure at Elections. 
 
 Parish Burgess Lists ; Burgess Rolls ; Ward Rolls. 
 
 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 bo councillors but not to be burgesses. 
 
 Election of Councillors. 
 
 50. Borough and ward elections. 
 5 I . Title to vote. 
 
 52. Day of election. 
 
 63. Returning officer at election. 
 
 of. Notice of election. 
 
 5-5. Nomination of candidates. 
 
 56. Relation of nomination to election. 
 
 57. Publication of uncontested election. 
 
 58. Mode of conducting poll at contested eled ion. 
 
 59. Questions which may be put to voters. 
 
 Election of Aldermen. 
 
 60. Time and mode of election of aldermen. 
 
 Election of Mayor, 
 
 61. Timi and modi of election of mayor.
 
 16 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Division of 
 Act into parts 
 [and arrange- 
 ment of 
 sections']. 
 
 Section 
 62. 
 
 63. 
 64. 
 65. 
 66. 
 67- 
 68. 
 69. 
 70. 
 71. 
 72. 
 73. 
 74. 
 75. 
 76. 
 
 Election of Auditors and Assessors. 
 Time and mode of election of auditors and assessors. 
 Supplemental and Exceptional Provisions. 
 
 Right of women to vote. 
 
 Polling districts. 
 
 Notices as to elections. 
 
 Time for filling casual vacancies. 
 
 Illness, &c, of mayor or returning officer. 
 
 Election of councillor in more than one ward. 
 
 Elections not in churches. 
 
 Omission to hold election, or election void. 
 
 Burgess roll, to be in operation until revision of new burgess roll. 
 
 Non-compliance with rules. 
 
 Election valid unless questioned within twelve months. 
 
 Offences in relation to nomination papers. 
 
 Offences in relation to lists and elections. 
 
 Revival of former law on expiration of Ballot Act. 
 
 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. 
 
 Part IV. — Corrupt Practices and Election Petitions. 
 
 Co rr upt Practices. 
 
 Definitions. 
 
 General penalties for corrupt practices. 
 
 Disqualifications and avoidance of election 
 
 candidates. 
 Disqualifications and avoidance of election 
 
 agents, and for offences against this Part. 
 Avoidance of election for general corruption. 
 Paid agents and canvassers. 
 Payment for conveyance of voters. 
 Prosecutions for corrupt practices. 
 Striking off votes. 
 Personation. 
 
 for corrupt practices by 
 for corrupt practices by 
 
 Election Petitions. 
 
 Power to question municipal election by petition. 
 
 Presentation of petition 
 
 Security for costs. 
 
 Petition at issue. 
 
 Municipal election list. 
 
 Constitution of election court. 
 
 Trial of election petition. 
 
 Witnesses. 
 
 Withdrawal of petition. 
 
 Abatement of petition. 
 
 Withdrawal and substitution of respondents. 
 
 Costs on election petitions. 
 
 Reception of and attendance on the election court. 
 
 Rules of procedure and jurisdiction. 
 
 Expenses of election court. 
 
 Acts done pending a petition not invalidated. 
 
 Provisions as to elections in the room of persons unseated on petition. 
 
 Prohibition of disclosure of vote. 
 
 105. 
 ]0G. 
 107. 
 
 Part V. — Corporate Property and Liabilities. 
 
 Corporate Land. 
 
 Power to purchase land for town hall, &c. 
 
 Power to borrow with approval of Treasury. 
 
 Power to acquire land with the approval of the Treasury.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 17 
 
 Section Division of 
 
 108. Restrictions on alienation of corporate land without approval <£ Act into porta 
 
 ... „ Treasu, . v - /, j ... , -m [anrf«mwv«. 
 
 109. Power to dispose of land with approval of Treasury. tnent of 
 
 110. Council may renew leases, &c. sections']. 
 
 Working Mens Dwellings. 
 
 111. Sites for working men's dwellings. 
 
 Repayment of Loans. 
 
 112. Power for Treasury to impose conditions as to repayment of money 
 
 borrowed. 
 
 113. Provisions as to sinking fund. 
 
 Purchase or Compensation Money. 
 
 114. Provision fur replacing purchase or compensation money paid to trea- 
 
 surer. 
 
 115. Investment of proceeds of sale or exchange authorized by Treasury. 
 
 116. Power for Treasury 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 stock. 
 
 Borough Bridges. 
 
 119. Maintenance of borough bridges. 
 
 Loans for Municipal Buildings. 
 
 120. Power to borrow for buildings. 
 
 Advowsons and similar Rights. 
 
 121. Obligations and powers in respect of advowsons, &c. 
 
 122. Regulations as to sale of ecclesiastical patronage belonging to municipal 
 
 corporation. 
 
 Special Rates. 
 
 123. Power to continue rates for special purposes. 
 
 Misapplication of Corporate Property. 
 
 124. Prohibition of expenditure of corporate funds on parliamentary elections. 
 
 Transitory Provisions. 
 
 125. Transfer of investments made before I860 in names of trustees. 
 12G. Scheme respecting mortgage debts incurred before 18G0. 
 
 127. Consolidation of debts incurred before 1860. 
 
 128. Saving for sales, Ac, in pursuance of past contracts and resolutions. 
 
 129. Saving for rates in respect of pas! d< bts. 
 
 130. Saving for rights of creditors in respi ct of tolls or dues. 
 
 131. Saving for lawful debts contracted before 6 & 6 Will. 4, c. 76. 
 
 132. Saving against new liability to debts contracted before 5 & 6 Will -I 
 
 c. 76. 
 
 Part VI. — Charitahj.e and other Teusts and Powers. 
 
 Charitable Trusts. 
 
 133. Administration oi charitable trusts and vesting of Legal estate. 
 2
 
 18 THE ENGLISH MUNICIPAL CUBE. 
 
 Division of ■ Special Trusts and Powers. 
 
 Act into parts s°rt ; on 
 
 [and arrange- 1;U ' Corporation to to trustee where corporators trustees. 
 
 went of !3 5 - Appointment of members of council to be trustees in cases of joint trusts 
 
 sections]. itud other rases. 
 
 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 VII. — Borough Fund ; Borough Eate : County Rate. 
 
 Borough Fund. 
 
 139. Payments to borough fund. 
 
 140. Application of borough fund. 
 
 141. Orders for payment of money. 
 
 142. Payments to and by treasurer. 
 
 143. Application of surplus of borough fund. 
 
 Borough Eate. 
 
 144. Power for council to make borough rate and assess contribution thereto. 
 14.5. Collection of borough rate in undivided parish. 
 
 146. Collection of borough rate in divided 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 Bate. 
 
 150. General exemption of quarter sessions boroughs from county rate. 
 
 151. Liability of quarter sessions borough for prosecution expenses of county. 
 
 152. Liability of certain quarter sessions boroughs to other county expenses. 
 
 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. 
 
 156. Separate commission of peace. 
 
 157. Qualification of borough justice. 
 
 158. Jurisdiction of borough justices. 
 
 159. Clerk to borough justices. 
 1G0. Justices' room. 
 
 Stipendiary Magistrate. 
 
 161. Appointment of stipendiary magistrate. 
 
 Borough Quarter Sessions : Beeorder : Clerk of the Peace. 
 
 162. Grant of separate court of quarter sessions. 
 
 163. The recorder. 
 
 164. The clerk of the peace. 
 
 165. Recorder to hold court of quarter sessions. 
 
 166. Power to appoint deputy recorder. 
 
 167. Powers of mayor in absence of recorder and deputy recorder. 
 
 168. Power for recorder to form 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 CORPORATIONS ACT, 188*. 19 
 
 Coroner. Division of 
 
 Section . Act into parts 
 
 171. Appointment, fees, &e. of borough coroner in boroughs having separate [, /w ,/ arrange. 
 
 quarter sessions. merit of 
 
 172. Power of borough coroner to appoint a deputy. sections!. 
 
 173. Returns by borough corom 
 
 174. Acting of county coroner in borough. 
 
 Borough Civil Court. 
 
 175. Judge of borough civil court where there is a recorder. 
 17>-'.. Judge of borough civil court where there is no recorder. 
 177. Tenure of judge. 
 
 17 s . I ; - : -liar and other officers and fees. 
 
 17'.'. Solid 
 
 180. Time uf holding court. 
 
 181. Procedure. 
 
 1 -. 2. Power fi iv judge to make rules of procedure. 
 
 183. Jurisdiction of court. 
 
 184. Saving for borough civil courts and for 35 & 36 Vict. c. 86. 
 
 185. Power to extend jurisdiction of borough civil court. 
 
 Borough Juries. 
 
 186. Provisions as to juries in boroughs. 
 
 "Exceptional Provisions. 
 
 187. Grants to boroughs not affected by subsequent grants to counti* s. 
 
 188. Trial i i offences committed in counties of cities and counties of towns. 
 
 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 returns as to borough constables. 
 
 193. Power for constables to appi ehend disorderly persons, &c. 
 
 194. Penalties on constables for m gleet of duly. 
 1'jo. Penalty for assaults on constables. 
 
 Special Constables. 
 
 196. Appointment of special constables. 
 
 Watch Bate. 
 
 197. Levy of watch rate. 
 
 198. Watch rate in divided parish. 
 
 I'.i'J. Warrant for levy of watch rate. 
 
 200. 'Watch rate to go to borough fund. 
 
 Part X. — Freemen. 
 
 201 . Definition of freeman. 
 
 202. Freedom not by gift or purchase. 
 
 203. The freemen's roll. 
 
 20 1. Admission to freedom. 
 
 205. Reservation of rights of propertyto freemen and others. 
 
 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 parliamentary franchi e, &c.
 
 20 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Division of 
 Act into parts 
 [and arrange- 
 
 1)1(11 1 of 
 
 sections]. 
 
 Part XI. — Grant op Charters. 
 
 Section 
 
 210. Power to Crown in. granting charter to borough to extend to it the 
 
 provisions of the Municipal Corporations 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. 
 
 215. 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 Proceedings. 
 
 219. Prosecution of offences and recovery of fines. 
 
 220. Exclusion of certiorari. 
 
 221. Application of penalties in quarter sessions boroughs. 
 
 222. Duties of clerk of peace as to fines and forfeitures. 
 
 223. Service of summons or warrant. 
 
 224. Procedure in penal actions against corporate officers. 
 
 225. Quo warranto and mandamus. 
 
 22B. 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 boundaries. 
 
 Time. 
 
 230. Computation of time. 
 
 Distance. 
 
 231. Measurement of distances. 
 
 Notices. 
 
 232. Notices on town hall. 
 
 Inspection and Copies. 
 
 233. Inspection of documents. 
 
 Fees. 
 
 234. Tables of fees to be posted. 
 
 Seals and Signatures, 
 
 235. Forgery. 
 
 Applications to Treasury. 
 
 236. Notice of application to and correspondence with Treasury. 
 
 Deputy. 
 237- Acts of deputy not to be invalidated by defect in appointment. 
 
 Overseers. 
 238. Notices to and acting of overseers.
 
 TEE MUNICIPAL CVRFORATIOXS ACT, 1882. z\ 
 
 Declarations and Oaths. Division of 
 
 Section Act into parti 
 
 239. Power to administer oaths, &c. [and arrange* 
 
 ment of 
 Forms. tectums]. 
 
 240. Forms in schedule. 
 
 Misnomer or Inaccurate Description. 
 
 241. Misnomer or inaccurate description not to hinder. 
 
 Substitution in farmer Acts. 
 
 242. Provision for references in unrepealed enactments to 5 & 6 Will. 4, 
 
 c. 76, &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 Porte. 
 
 Cambridge. 
 
 249. Vice -Chancellor of Cambridge. 
 
 Savings. 
 
 250. Saving for existing corporations. 
 
 251. Saving for local Acts. 
 
 252. Saving for Prison Acts. 
 
 253. Saving for military and naval officers, &c. 
 
 254. Saving for dockyards, barracks, &c. 
 
 255. Saving as to Admiralty. 
 25G. Saving for Lord Warden. 
 
 257. Saving for universities. 
 
 258. Saving for jurisdiction over cathedral precind a 
 
 259. Saving for royal prerogative. 
 
 260. Saving as to repealed enactments]. 
 
 3. — This Act shall not extend to Scotland or Ireland. Extent. 
 
 4. — This Act shall commence and have effect from and Commence- 
 ment. 
 
 immediately after the thirty-first of December one thousand 
 eight hundred and eighty-two. 
 
 5. — The enactments described in tiie First Schedule* are Ropeai*. 
 hereby repealed, subject to the exceptions and qualifications in 
 this Act mentioned. 
 
 [Part I. of the First Schedule recites the Enactments repealed generally. 
 They are 43 in number, hh follows : — 
 
 * Subsection 4 of Clause 7 I > pa • 26) provides that " The schedules shall he read 
 
 ami have effect as if tl»-y w<ri' juut t.l' tliis Act."
 
 22 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Repeals. 6 & 6 Will. 4, c. 76. 
 
 6 & 7 Will. 4, c. 77, 
 in part. 
 
 6&7Will.4,c. 103, 
 
 in part. 
 6&7 Will. 4,c. 104. 
 6&7 Will. 4, c. 105. 
 7 Will. 4 & 1 Vict. 
 c. 78. 
 
 7 Will. 4 & 1 Vict. 
 c. 81. 
 
 1 & 2 Vict. c. 31. 
 
 1 & 2 Vict. c. 35. 
 
 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. 93. 
 
 12 & 13 Vict. c. 65. 
 
 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. 
 
 15 & IS Vict, c 
 in part. 
 
 81, 
 
 16 & 17 Vict. c. 
 16 & 17 Vict. c. 
 
 79. 
 137. 
 
 20 & 21 Vict, c 
 
 21 & 22 Vict. c. 
 
 22 Vict. c. 
 
 22 & 23 Vict, c 
 
 in part. 
 
 50. 
 43. 
 35. 
 32, 
 
 The Municipal Corporations Act, 1835. 
 An Act for carrying into effect 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 Municipal Corporation (Boundaries) Act, 1836 ; 
 
 except section six (Berwick). 
 The Municipal Corporation (Borough Fund) Act, 1836. 
 The Municipal Corporation (Justices, &c.) Act, 1836. 
 The Municipal Corporation (General) Act, 1837. 
 
 The Municipal Corporation (Watch Bate) 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. 
 The Municipal Corporation (Borough Courts) Act, 1839. 
 The Municipal Corporation (Watch Bate) Act, 1839. 
 The Municipal Corporation (Watch Bate) Act, 1840. 
 An Act to render certain municipal corporations rateable 
 
 to the relief of the poor in certain cases. 
 The Municipal Corporation Act, 1843. 
 The Municipal Corporation (Bates) Act, 1845. 
 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 
 partly without 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 expenditure ; 
 in part, namely, — 
 section one. 
 The Municipal 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 Municipal Corporation Act, 1853. 
 The Charitable Trusts Act, 1853 ; 
 in part, namely, — 
 section sixty-five. 
 The Municipal Corporation Act, 1857. 
 An Act to amend the municipal franchise in certain cases. 
 The 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.
 
 THE MUNICIPAL CORPOPATIOXS ACT, 
 
 24 k 25 Vict. c. 75. 
 
 31 a- 32 Vict. c. 41. 
 
 32 & 33 Vict. c. 2; . 
 32 & 33 Vict. c. 55. 
 32 & 33 Vict. c. 62, 
 
 in part. 
 
 34 & 35 Vict. c. 67. 
 
 35 & 36 Vict. c. 33, 
 
 in part. 
 
 36 & 36 Vict. c. 60. 
 
 36 & 37 Vict. c. 33. 
 
 37 a; 38 Vict. c. 50. 
 3s & 3!) Vict. c. 40. 
 30 & 40 Vict. c. 61, 
 
 in part. 
 
 10 & 41 Yict. c. 69. 
 
 11 & 42 Vict. c. 26, 
 
 in part. 
 
 Tart II. of the 
 Wrought within this 
 
 3Edw. 1, c. 6, 
 
 in part. 
 
 3 Edw. 1, c. 31, 
 in part. 
 
 15 Rich. 2. c. 5, 
 in part. 
 
 2 & 3 Phil. & Mary, 
 
 c. 18. 
 7 Jas. 1, c. 5, 
 in part. 
 
 21 Jas. 1, c. 12, 
 in part. 
 
 11 Geo. 1, c. 4. 
 
 The Municipal Corporations Acta Amendment Act, 1S61. Repeals. 
 
 The Borough I 
 
 Th Municipal Corporation (Recorders) Act, 1S69. 
 
 The Municipal Corporation (Election) Act, 1869. 
 
 The Debtors Act, 1869; 
 
 in part, namely, — 
 
 ton twenty-one. 
 
 al Corporations Act, 1S59, Amendment Act. 
 The Ballot Act, 1872; 
 
 in part, namely. — 
 
 I ions twenty and twenty-one. 
 The Corrupt Practices (Municipal Elections) Act, 1S72. 
 The Municipal Corporations Evidence Act, 1673. 
 The Working Men's Dwellings Act, 1874. 
 The Municipal Elections Act, L875. 
 
 Divided Parishes and Poor Law Amendment Act, 
 
 1876 : 
 in part, namely, — 
 
 The Municipal Corporations (Xew Charters) Act, 1877. 
 Thel'ailianieiitaiy and Municipal Registration Act, 1878 ; 
 in part, namely, — 
 
 sections twenty, thirty-four, and forty-one. 
 
 First Schedule recites the Enactments repealed only as to 
 Act* They are 26 in number, as follows : — 
 
 The Statutes of Westminster, the first. Amerciaments 
 shall be reasonal 
 in part, namely, — 
 
 as far as it relates to a city, borough, or town. 
 The Statutes of Westminster, the first. Excessive toll in 
 market town. Murage ; 
 in part, namely, — 
 
 from"' ' izens" to "the King "inclusive. 
 
 St. 7Edw. I. de i .-. Converting land toa 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, otliees, 
 commonalties : or to their use ; 
 in part, namely, — 
 
 Ear as it relates to mayors, bailiffs, and commons 
 of cities, boroughs, and oilier towns which have a 
 perpetual commonalty. 
 An Act touching commissions of the peace and gaol deli- 
 
 ''.■! being ci iea in themselvi a. 
 An Acte for ease in pleading against troublesome and con- 
 
 i of the p< ace, 
 Laino other His Majesl 
 Officers for the- lawful execution of their office ; 
 in part, namely, — 
 
 as far as i to mayors of cities or towns 
 
 corporate. 
 An Acte for ease in pleading against troublesome and con- 
 
 t< QCioUS suites ; 
 in part, namely, — 
 
 section three, as far as it relates to mayors of cities 
 or towns corporate. 
 An Act forpreventing the inconvenience arising from want 
 of elections of mayors or other chief magi dates of 
 boroi as or corporations being made upon days appointed 
 by charter or usage for thai purpose, and directing in 
 what manner su< he] afterwards made. 
 
 * The boroughs without this Act, and to which the enactments would still apply aro 
 
 those Bet out m tin' Appendix.
 
 24 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Repeals. 
 
 Application. 
 
 12 Geo. 3, c. 21. 
 
 32 Geo. 3, c. 58. 
 65 Geo. 3, c. 51. 
 
 57 Geo. 3, c. 91. 
 
 2 & 3 Will. 4, c. 69. 
 
 3 & 4 Will. 4, c. 31. 
 
 4 & 5 Will. 4, c. 27. 
 
 7 Will. 4 & 1 Vict. 
 c. 19. 
 
 5 & 6 Vict, c 
 15 & 16 Vict. 
 23 & 24 Vict. 
 23 & 24 Vict, 
 in part. 
 
 104. 
 c. 5. 
 c. 16. 
 
 c. 51, 
 
 23 & 24 Vict. 
 in part. 
 
 c. 106, 
 
 38 & 39 Vict, 
 in part . 
 
 c. 89, 
 
 39 & 40 Vict. c. 
 in part. 
 
 20, 
 
 40 & 41 Vict. c. 17. 
 
 40 & 41 Vict. c. 66, 
 
 in part. 
 
 42 & 43 Viet. c. 30, 
 in part. 
 
 4 3 Vict. c. 17. 
 
 An Act for giving relief in proceedings upon writs of man- 
 damus for the admission of freemen into corporations and 
 for other purposes therein mentioned. 
 An Act for the amendment of the law in proceedings upon 
 
 information in nature of quo warranto. 
 An Act to amend an Act of His late Majesty King George 
 the Second, for the more easy assessing, collecting, and 
 levying of county rates. 
 An Act to enable justices of the peace to settle the fees to 
 he taken by clerks 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 be held on the 
 Lord'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 Corporation Act, 1842. 
 The Municipal Corporation Act, 1852. 
 The Municipal Corporation (Mortgages, &c.) Act, 1860. 
 The Local Taxation Returns Act, 1860 ; 
 in part, 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 three. 
 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 subsequently incorporated under its provisions, will be 
 found in the Appendix.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 25 
 
 rnencement 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 tion. c ° J 
 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, 1835," 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 : 
 
 " County " does not include a county of a city or county of a 
 town, but includes a riding, parts, division, or liberty of a 
 couut v :
 
 26 THE ENGLISH MUKICITAZ CODE. 
 
 Interpretation " Trustees " means trustees, commissioners, or directors, or 
 Construction, the persons charged with the execution of a trust or public 
 duty, however designated : 
 
 " Person " includes a body of persons corporate or unin- 
 corp orate : 
 
 " 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 : 
 
 " Borough civil court " means au 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 
 county 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, authority, 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 14 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 
 
 PART II. 
 
 . Constitution and Government of Borough. 
 
 Corporate Name. Corporate 
 
 Name. 
 
 8. — The municipal corporation of a borough shall bear thexameof 
 name of the mayor, aldermen, and burgesses of the borough, coloration. 
 or, in the case of a city,* the mayor, aldermen, and citizens 
 of the city. 
 
 [This clause preserves the effect of section 6 of the Act of 1S35 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. [Section 6 provided: — "That after the first election of councillors 
 under this Act in any borough, the hody 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 successors respectively may do and suffer by any name or title of incor- 
 poration." As to the effects of misnomer of corporations, see Mn/or and Burgesses 
 of Lyme Regis (10 Rep. 120, 123), Mayor of Stafford v. 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 
 1 documents or instruments. In 1878 the town clerk of Exeter (B. C. 
 Gidley, M.A.) suggested the subject for discussion (and determination by the 
 Exi ti r 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 i.> difficult to comprehend how any very serious 
 misgiving could have arisen under the Act of 1835 when careful consideration 
 was given to the Gth, 137th and 142nd clauses of that statute. The last-mum d 
 clause defined clearly that "Burgess thall be construed to mean citizen in the 
 case of a city." The present clause, however, wisely leaves no room for 
 doubt]. 
 
 BltrgeSSes. Burgesses. 
 
 9. — (1.) A person shall not be deemed a burgess for any Qualification of 
 
 burgess. 
 
 purpose of this Act unless he is enrolled as a burgess. 
 
 [See sections 201-209 as to the rights of freemen to enjoy the privileges of 
 burgesses]. 
 
 * The cities to which the distinctive style contained in the latter part of this clause 
 apply are given in the Appendix.
 
 28 THE ENGLISH MUNICIPAL CODE. 
 
 Burgesses. (2.) A person shall not be entitled to be enrolled as a burgess 
 
 unless he is qualified as follows : 
 
 (a.) Is of full age ; and 
 
 (b.) 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, f 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 
 
 (d.) 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 fiRh of 
 January. 
 
 (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 alms ; 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. 55 
 (1869), 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 he observed that under sub- 
 section 2, paragraphs b and c, a burgess must be an inhabitant as well as an 
 occupying householder. The residence must be actual and bond fide ; mere 
 colourable residence within the borough or within seven miles will not 
 make a person an inhabitant so as to entitle him to be on the burgess roll. By 
 32 &34 Vict. c. 55, s. 1 provides "that the respective distances mentioned inthat 
 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 miles 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 inthat 
 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 
 
 * Section 9 of the Act of 1835 fixed three years for the term of residence which was 
 shortened to one year by section 1 of 32 & 33 Vict. c. 55 (1869). 
 
 f An attorney's office, if occupied, conies within the meaning of " counting-house." 
 See re Creek (32 L.T.. Q. B., 89). 
 
 I See Reg. v. Mayor of Exeter. — (Wescomb's case, L. R., 4 Q. B., 110) ; per Black- 
 burn J., as to what is, " in common sense," a residence.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 29 
 
 officers of Her Majesty's Ordnance, such distance may be measured and Burgesses. 
 determined by the said map." This principle was acted on in cases 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 Peg. v. Inhabitants of Saffron 
 Walden (92 B., 76), Lake v. Butler (5 E. & B., 350). No point is fixed as to or 
 from which the distance is to he 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 Peg. v. The Mayor of 
 Exeter (Dipstale' s case, L. B., 4 Q. B., 114). The rule called upon the mayor to 
 6how 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 business 
 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 JJ. Blackburn and Hannen) that a joint occupation was a suf- 
 ficient occupation under sec. 9 of the Municipal Corporation 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 constitute him an inhabitant householder 
 under the section. Subsection 2, paragraphs d 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 pail 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 inserted on the burgess roll, as 
 otherwise the name may be removed. Reg. v. Mayor of Chipping Wycombe 
 (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. & C, 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 . Pa yrnent b y another 
 person acting as a volunteer and without any authority from the person liable 
 is not sufficient. Peg. 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., 90S). 
 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 
 (subsection 3, paragraph b) — including medical relief given by the poor-law 
 authorities to a man, or any member of his family whom by law he is bound to 
 maintain — will disqualify him for admission to the burgess roll ; Relief to a 
 man's father not within section. Reg. v. Ireland (L. R., 3 Q. B., 130). Medical 
 or surgical assistance received from the charitable trustees of any borough, 
 or instruction in the endowed schools is not a cause of disqualification for 
 burgessship ; section 10 of the Act of 1835 expressly defined this exemption, 
 and paragraphs a and b, subsection 4, clause 3a of this Act, renew it. 
 "Other alms" mean parochial alms, within the ruling of Reg. v. Mayor of 
 Lichfield (2 Q. B., 693)]. Council; 
 
 Council ; Mayor, Aldermen, and Councillors. Aldermen and 
 
 10. — (1.) The municipal corporation of a borough shall be < on of 
 
 capable of acting by the council of the borough, and {he council
 
 30 THE ENGLISH MUNICIPAL CODE. 
 
 Council; shall exercise all powers vested in the corporation by this Act 
 
 ft! '' , w or otherwise. 
 
 Aldermen, and 
 
 Councillors. (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]. 
 Qualification of 11. — (1.) The councillors shall be fit persons elected by the 
 
 councillor. , 
 
 burtr esses. 
 
 e>' 
 
 (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 
 (b.) Being entitled to be 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 having 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 wards, on the annual value of thirty pounds, and 
 in the case of any other borough of fifteen pounds. 
 (3.) Provided, that every person shall be qualified to be 
 elected and to be a councillor, who is, at the time of election, 
 qualified to elect to the office of councillor ; which last-men- 
 tioned qualification for being elected shall be alternative for 
 and shall not repeal or take away any other qualification. 
 
 (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 ] 835, section 3 of 32 & 33 Vict, 
 c. 55 (1869), 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.R., 5 C. P. 1)., 183), which was a petition against the return of 
 the respondent as town councillor for a ward in Liverpool. The election com- 
 missioner 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 htdd 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
 
 THE MUNICIPAL COIiPOBATIOXS ACT, 1SS2. 31 
 
 on."' It does not, therefore, follow that because an individual procures his Council ; 
 enrolment as a burgess he is ther ired in the privileges of the position; Mayor, 
 
 should his ■ nrolmi nt have taken place in k herwise, of his disquali- Aldermen, and 
 
 ion to be on the roll. See also section 73, and paragraph, e, subsection 1, Councillors. 
 clause 87, of this Act. Ex parte Birbeck L. R., 9 Q. ]'.., 256).— It was held that 
 under the old law, not repealed by oS & 39 Viet. c. 40, it was the exist) nee of 
 the right tot - roll and not the fact of being on it, which was to 
 
 beci i light of town councillors. Ex parte Sindmareh, 
 
 (L. R.,3Q. B.,p. 12' . — Motion for a quo warranto Against a town councillor on tho 
 roll was made on the ground that he was not duly q ; per Cockbufn C.J. 
 
 " Proceedings not taken in due time and therefore held to be entitled to be on 
 the list."] 
 
 12. — (1.) A person shall be disqualified for being elected Disqualifies- 
 
 . .„ 7~ n ^ ~rr\ — ; < tions for being 
 
 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 th an that of mayor or 
 sheHHTTothe gfft or disposal of the council; or 
 
 [The distinction shown to exist in tho case of Ex Molesworth (L. R., 7 
 
 Q. B., 209), whereon a motion was made for an information calling upon James 
 
 ;s to show by what right he exercised the office of councillor of the city of 
 
 Chichester is here done away with. JJ. Lush and Hannen held in the rase 
 
 ci:> d that ward assessors appointed under 7 Will. 4 & 1 Vict. c. 78. s. 4, were not 
 
 ualified from serving as councillors, but tha t the objection hell gm>d against 
 
 bore' '1 under the Act of ISooT section 37. Tie;- leaned judges 
 
 were, ho% n that considerable doubt did exi st, and by this Act tho 
 
 ward irships are abolished"]. 
 
 (b.) Is in holy orders, or the regular minister of a dissenting 
 congregation ; or 
 
 [On a motion for a quo warranto information against a town councillor of a 
 borough, on the ground that he was disqualified at the election in November, 
 1868, by 5 & 6 Will. 4, c. 7 r; , 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 d< aeon of the Baptist Church there, and he had been invited 
 in September. 1867, 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 every Sunday, from the 
 25th of March to the 24th of June, 1808, and at the end of this time further 
 agreed to continue to preach till the end of the year 1868 : Held that the defen- 
 dant was not " the regular minister of a dissenting congri gation, within s. 28, 
 and was therefore not disquali town councillor:" per Blackburn, 
 
 alar minister in an analogous position to a beneficed clergyman." Meg. 
 v. Oldham (L. P., Q 15., vol. 4, p. 290). A clergyman may relinquish his 
 clerical office under 33 & 34 Vict, c, 91]. 
 
 (c.) lias 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 secti) n which is similar to that in section 28, 
 5 & 6 Will. 4, c. 76, a pplies only du ring the continuance of the co ntract, 
 so that by 1" dm such al'OTitnict nu~iTJenuan <>r eoum illor 
 
 Gt Act cited, so as to incur penalties for acting^arter the term "nation of tho 
 contract, Lewia v. Carr (L. J., 1 Ex. P., 484). Woxdj§ " contract " or "employ- 
 ment" will receive the widest interpretation. Contracl need not be under seal, 
 Reg. v. I I SQ. B.,626 : S.E.L.T., Q. B., 304). A lease by corporation to 
 
 a stranger in tru.~t for councillor, held within meaning, Simpson v. Riady 
 (12 M. ic W., 730). But such is provided for in tho subsection following.] 

 
 32 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Council; (2.) But a person shall not be so disqualified, or be deemed to 
 
 Aldermen and nave an J share or interest in such a contract or employment, 
 Councillors. 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 
 (b.) 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 
 (</.) Any company which contracts with the council for 
 
 fighting <>r supplying with water or insuring against f i re 
 
 any part of the borough ; or 
 (e.) Any railway company, or any company incorporated by 
 
 Act of Parliament or Royal charter, or under the 
 
 Companies Act, 1862.* 
 
 [The effect 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. 104 (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.] 
 
 (1.) The term of office of a councillor shall be three 
 
 Term of office 
 and rotation of 
 councillors. 
 
 Number, term 
 of office, and 
 rotation of 
 aldermen. 
 
 13. 
 
 years. 
 
 (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 be, 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 
 council. 
 
 [The use here of the word " fit " implies that the office 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. 
 
 ♦ The 25 & 26 Vict. c. 89.
 
 THE MUNICIPAL CORPORATIONS ACT, I88& 33 
 
 (5.) The term of office of an alderman shall be six years. Council; 
 
 (6.) On the ordinary day of election of aldermen in every Aldermen and 
 third year one half of the whole number of aldermen shall go 0ot<>lcdlors ' 
 out of office, and their places shall be tilled 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 1835 is preserved in this 
 clause]. 
 
 15. — (1.) The mayor shall be a fit person elected by the Qualification, 
 
 nr «i i i .li term of otli.-e, 
 
 lrom among the aldermen or councillors or persons salary, preoei. 
 
 t c i . i i ence, and 
 
 qualified to be such. powers of 
 
 mayor. 
 
 [This suhsection effects a very important amendment of the Act of 1835. By- 
 section 49 of that statute the mayor was to be elected from the aldermen 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 of 
 a curious and to some extent inconsistent circumstance happening every third 
 year if the council so pleased. By section 49 of the Act of 1835 the first busi- 
 ness to be transacted at 1 he quarterly meeting 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 number of the council would 
 apparently be thus increased by one, but, in an appointment under such 
 circumstances, it would become difficult to determine how far the mayor 
 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 given 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 certain 
 powers under the law. There 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 point alluded to in addition to 
 giving the council a wider field for the choice of a "fit " person for the honourable 
 position of chief magistrate. Any properly qualified burgess can now be elected 
 as mayor to the exclusion of members 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 ovont 
 of death], 
 
 (4.) He may receive such remuneration as the council think 
 reasonable. 
 
 * Seethe "Municipal Corporations Companion and Year-Hook of Statistic*" 
 (J. R. Sorncrs Vine; for 1881, p. 102 : Waterlow & Sons Limited, London Wall. 
 
 3
 
 34 THE ENGLISH MUNICIPAL CODE. 
 
 Council; [It may be observed bere tbat it is a custom which bas been generally 
 
 Mayor, adopted for a council desiring to spend a sum of money upon objects -which are 
 
 Aldermen and outside the application thereto of the money of the ratepayers, to attain the 
 Councillors. 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]. 
 
 (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, 57, and 58 of the Act of 1835, and section 4 of 
 6 & 7 Will. 4, c. 105 (1836), is preserved by this clause (15), so far 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 precedent 
 of eligibility for former. Subsection 6 is simply a saving of ancient rights] . 
 
 FoTpuofn^' 01 ' 16.— (1.) The mayor may from time to time appoint an 
 deputy. alderman or councillor to act as deputy mayor during the 
 
 illness cr 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 
 which 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 deputy may do all that the mayor could do in his official capacity, 
 except as restricted by subsection 3]. 
 
 Officers of Officers of Council. 
 
 Council. "" ^ 
 
 The town clerk \*[ — 1\\ The council shall from time to time appoint a fit 
 
 and deputy. x ' m x -r 
 
 person, not a member of the council, to be the town clerk of 
 the borough. 
 
 (2.) The town clerk shall hold office during the pleasure of 
 the council.
 
 TEE MUNICIPAL COPPOPATIOXS ACT, 1SS':. 35 
 
 [A resolution of the council rescinding the appointment is sufficient.— Officers of 
 Peg. v. nomas (8, A. & E. 183)]. Council. 
 
 (3.) He shall have the charge and custody of, and be respon- 
 sible for, the charters, deeds, records, and documents of the 
 borough, and they shall be kept as the council direct. 
 
 (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. 
 
 (6.) All things required or authorized by law to be done by 
 or to the town clerk may be done by or to the deputy town 
 clerk. 
 
 [The effect of sections 58 & 65 of the Act of 1835 is preserved in this clause]. 
 
 18.— (1.) The council shall from time to time appoint a fit The treasurer, 
 person, not a member of the council, to be the treasurer of the 
 borough. 
 
 (2.) The treasurer shall hold office during the pleasure of 
 the council. 
 
 [By section 58 of the Act of 1835 the treasurer was elected annually. The 
 Act 6 & 7 Vict. c. 89 (1843) directed the office to he held at pleasure]. 
 
 (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 58 of the Act of 1835 and section 6 of 6 & 7 Vict. c. 89 
 (184 3) is preserved in this clause]. 
 
 19. —The council shall from time to time appoint such other other borough 
 officers as have been usually appointed in the borough, or as ° mce18 ' 
 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 1835 is preserved in this clause. It 
 },,il "' A - herein that compensation could not be claimed for loss of office if even 
 J. 1 '" '" ,: "' vacated be not actually aboli ted by the council. It would be enough 
 for the council to determine that, in their opinion, it is not necessary to re- 
 appoint any particular officer], 
 
 20. — The council shall require every officer appointed by them Seouritybyana 
 to give such security as they think proper for the due execution 3 onffi.
 
 56 THE ENGLISH MUNICIPAL CODE. 
 
 Officers of f hi s office, and shall allow him such remuneration as they 
 
 Council. ,i • i ii 
 
 think reasonable. 
 
 [The effect of section 58 of the Act of 1835 is preserved in this clause. The 
 town clerk is to be paid by salary, out of the borough fund ; but, whether he 
 has 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 the 
 Reform Act. Jones v. Mayor of Carmarthen (8 M. & W., 605). His salary is 
 considere d a compe nsation for all loss of tim e, &<;. Cut he is entitled to be 
 repaid money. actually di sbursed i or' the preparation of wa rd lists, &c. JiegTv. 
 Gorcrw.r of Poor in II >,11 '1 E. & B. I*'- 1 .) Fibiii the principles laid down it 
 follows that he has no claim for charges in respect of revision of burgess lists, 
 ward lists l election of councillors, assessors, or auditors, returns to Secretary 
 of State, byC-lTiws, copying, Sec. However, the town council may resolve to 
 'pay him, besides his salary, the usual charges for defending and bringing actions, 
 &c. See Thomas v. Mayor and Corporation of Swansea (2 Dowl., N. S., 470) ; 
 Stevenson v. Mayor and Corporation of Berwick (1 Q,. B., 154). See also Reg. v. 
 Priest (16 Q. B., 32)]. 
 
 Accountability 21. — (1.) Every officer appointed by the council shall at such 
 times during the continuance of his office, or within 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 this Act in 
 connection wi*h his office, shewing the amount due from each. 
 (2.) Every such officer shall pay all money due from him to 
 the treasurer, or as the council direct. 
 (3.) If any such officer — 
 
 (a.) Refuses 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 Taylor v. Yergette (L. J., N. S., 
 Ex. 401). For interpretation of "wilful," see 1*7 & 18 Vict. c. 102, s. 14]. 
 
 (6.) 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 
 
 * As to the Court of Summary Jurisdiction see 42 & 43 Vict. c. 49, s. 20, sub- 
 section 10.
 
 THE MUNICIPAL CORPORATIOXS ACT, 1SS2. 37 
 
 officer is or resides may, by summary order, require him to Officers of 
 
 t • i .• ±' Council. 
 
 make such delivery or payment, or to give such sati&taetiou. 
 
 [By this subsection, if even the officers be 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 of their jurisdiction 
 under subsection 1 of section 154 of this Act. See also Baylis v. Strickland 
 (1 M. & G. 691)]. 
 
 (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 this clause. See 
 Major and Corporation of 'Lichfield v. Simpson (8 *4.B., 65)]. 
 
 Meetings and Proceedings of Council; Committees. Meetings and 
 
 Proceedings of 
 
 22. — (1.) The rules in the Second Schedule shall be Council; 
 
 i i Committees. 
 
 Observed. Quarterly and 
 
 m _ , , , . „ ,, other meetings 
 
 The Schedule is as follows : — ofcouncU; 
 
 (1) The council shall hold four quarterly meetings in every year for the comunfttees ° 
 transaction of general business. minutes, &o. 
 
 •J. The quarterly* meetings shall be held at noon on each ninth of 
 November, and at such hour on such other three days before the first of 
 November then 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 
 the business to be transacted] . 
 
 4. If the mayor nfuses to call a meeting after a requisition for that pur- 
 pose, signed by five members of the council, has been presented to him, any 
 five 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 council may, on the 
 expiration of those seven days, call a meeting. 
 
 5. Three clear days at least before any meeting of the council, notice 
 of the time and place of the intended meeting, signed by the mayor, or if 
 the meeting is called by members of the council, by those membera, shall 
 be fixed on the town hall. Where the meeting is called by membera of the 
 council the notice shall specify the business proposed to be transacted 
 t bcTcar " " * " *~* -- 
 
 C. Three clear days at leasl 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 registered^ letter at the usual place of abode of every member of the 
 council, three clear days at Li ast before the meeting. 
 
 7. Want of Bervice of the summons on any member of the council shall 
 not .-i licet the validity of a mi ing. 
 
 8- Xn hnsini-fls sl.,11 l,c t ransaeted at :i meeting other than that specified 
 in the summons relating fherel'o, exc p'l in ease of a quarterly meeting, 
 business presciibi d by this Act Lo be trail after! tin Teat. 
 
 A 
 
 * At an adjourned q uqrterly meeting no ic< iust bi given of anj business which 
 
 illy beg in nt the guarti rly n but of du -.. :| 
 
 no notice is requisite. Reg. v. Orimshaw (10 Q.B.i 717). 
 ■f This is an addition to the require menl \ under section 69 of the Act of 1835.
 
 38 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Meetings and 
 Proceedings of 
 
 Council ; 
 Committees. 
 
 9. At every meeting of the council, the mayor, if present, shall he 
 chairman. If the mayor is absent, then the deputy mayor, if chosen* for 
 that purpose hy the members of the council then present, shall be chairman. 
 If both the mayor and the deputy mayor are absent, or the deputy mayor 
 beina; present, is not chosen, then such aldermen, or in the absence of all 
 the aldermen, such councillor, as tKe"members of the council then jpresent 
 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 the majority of such members of the 
 council as are present and vote at a meeting held in pursuance of this Act, 
 the whole number present at the meeting, whether voting or not, not being 
 less than one third of the number of the whole council. 
 
 [At a town council meeting, where 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 h9 of the 
 Act of 1835, it was not good, as it was not a majority of the members present, 
 who voted for it. The generally received view of this se tion was that a 
 majority of those present was required for a resolution to he valid. This rule 
 (10), which takes the place of section 69, 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 by a number less than a majority 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 proceedings of every meeting shall be drawn up and 
 fairly entered in a book kept for that purpose, and shall be sig.ied 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 effect of section 69 of the Act of 1835, and section 3 of 36 & 37 Vict. 
 c. 33 (1873), is preserved 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 
 they think fit,f for any purposes which, in the opinion of the 
 council, would be better regulated and managed 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 appointing (on the 9th of each November) the 
 
 whole of the council as a committee for finance, watching, and urban sanitary 
 purposes, each member of the council, in fact, being a member of three 
 important committees. The council also appoint other committees not composed 
 of the whole number of members of the council, and it is the practice for these 
 small committees to report at pleasure to one or other of the three 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 appoint a committee 'of' and not 'out' of the council?" From 
 inquiries instituted upon this statement it was elicited that the small committees 
 
 * This sentence of the paragraph would imply that the deputy mayor should be 
 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 MUNICIPAL CORPORATIONS ACT, 188$. 39 
 
 wore not appointed by the council sitting as one or other of the three large com- j£ ee tingt 
 mitteea before referred to, but bythe council sitting as such, and thai do special Proeeedin 
 instructions wi re laid down as to how or to what body reports should be ma 
 
 following answer was returned :— " (1.) The practice of appointing the entire Committees. 
 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 
 
 • corporations appoint the whole body of the council to act upon some par- 
 ticular committee. Many people may say that it is farcical for a committee and 
 a council composed of exactly the same memhera to exist Bide by side, but it is 
 not so because an opposition in committee (whether successful or unsuccessful) can 
 
 inated when the commit;-.' 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 ah it may 
 obtain information and learn facts, which, if known in committee, might have 
 me on the opposite side to vote with them. The opposition might 
 then be renewed when sitting as a council, and if even they are not armi d v. \\h 
 
 . facta andarguments minorities are not prevented standing upon their strict 
 rights and lenew ing 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 
 bo report. If say, a committee is appointed l>y 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- 
 
 uittee, so reporting, affords opportunity for an opposition being twice 
 repeated, or in other words, for a Bubject to be fought three times — viz.(l) in 
 the committee which reports, (2) in the committee reported to, and (3) in the 
 a til." The fact of a committee being composed of the whole of the memhers 
 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 v ote or t ake part in th e 
 
 discussion of an y matter before the coun cil, or a committee, in 
 
 vhich he has , directly or indirectly, by himself or by his partner , 
 
 a ny pecuniary interest. 
 
 [See paragraphs a, b, c, d, and e, subsection 2, and section 12 of this Act for ^^^ J 7, 
 exceptions to disqualification, which also bold good under this subsection | . jr "^p 
 
 (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 occurrence 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 Secern] Schedule) effecta a much 
 needed settlement of the rules which ought ami should guide the keeping and con- 
 firmation of the minutes of proceedings. It assimilates the procedure to that qow 
 gen. , rved by all regularly constituted bodies, namely, that the recorded 
 
 jirocei.liiej-s of one meeting shall be submitted to and Bigned by the chairman of 
 thenexl subsequent meeting. Previous to the passing o fcl is A.ct the usage varied 
 iderably. Some councils followed the course which is laid down in this 
 ction quite r : a of the fact that by section 69 of the Act of 1 835, the
 
 40 THE ENGLISH MUNICIPAL COLE. 
 
 Meeting* and signature of any other person than that of the actual chairman of the meeting to 
 
 Proceedinns of which the minutes referred would he illegal. Other councils deemed that the 
 
 Council • kw na( l heen complied with hy the chairman of any particular meeting signing 
 
 Committees. the minutes of that meeting whenever presented to him for that purpose ; 
 
 whilst some so literally observed the directions " shall he signed by the mayor, 
 
 alderman, or councillor presiding at such meeting " as to require the minutes to 
 
 be fairly transcribed then awl Ihere, and signed before the chairman vacated his 
 
 seat. In the event of volun in us correspondence or detailed particulars being 
 
 ordered to be entered on the minules, this last method often involved a tedious 
 
 interval between the formal break up of the council and the release of the chairman 
 
 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 statute, whilst 
 
 the lirst 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 committee, 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 effect of sections 69 & 70 of the Act of 1835, section 22 of 7 Will 4 & I 
 Vict. c. 78 (1837), section 2 of 5 & 6 Vict. c. 104 (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 Hitfh Court. — See judgment of Coleridge J., Reg. v. Thomas, 8, 
 A. &E., 183J. 
 
 Bye-laivs. Bye-laws. 
 
 Power of coun- 23. — (1.) The council mav, from time to time, make such 
 
 cii to make v / J ' 
 
 bje-iaws. 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, 
 disallows the bye-law or part thereof, the bye-law or part dis-
 
 TEE MUNICIPAL CORTOIiATIOXS ACT, 1SS2. 41 
 
 allowed shall not come into force ; hut it shall he lawful for the Bye-laws. 
 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 enlarged 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 effect 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 (1S75) is preserved in this clause. This power of making 
 bye-laws is one of the most important entrusted to the council. It is settled by 
 decided cases that they must be 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 
 ilation still remains, notwithstanding section 14 of the Act of 1835 abolished 
 all exclusive lights of trading; and that the validity of a bye-law may be tested 
 and tried in an action brought to recover the penalty, or, it the mode of enforcing 
 the penalty be by distress, by an action of trespass. Within the limits of its 
 operation, "lye-laws have the same force as Acts of Parliament. Hopkins v. 
 Mayor of Swansea (4 M. & W. 621)]. 
 
 24. — The production of a written copy of a bye-law made by Evidence of 
 
 , , . . t n bye-laws. 
 
 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 |. 
 
 * The 38 & 39 Vict. c. 55. The section is ns follows:—" Bye-lavs made by the 
 council of any borough under the provisions of section 90 of 6 Will. 1, o. 7U, tor 
 the prevention and Buppri ssion of c< rtain nuisances, BhaTJ not be required to be Bent to 
 a Secretary of State, n< r shall th< \ be subject to tbe disallowance in that section men- 
 tioned ; but all the provisions of this Act relating to bye laws shall apply to the bye-laws 
 BO made as if they were made under this Act."
 
 42 
 
 THE ENGLISH MVXICirAL CODE. 
 
 Accounts and 
 
 Audit. 
 
 The borough 
 
 auuitors. 
 
 Half-yearly 
 accounts of 
 treasurer. 
 
 Audit and pub- 
 lication of 
 treasurer's 
 accounts. 
 
 Returns to 
 Local Govern- 
 ment Board. 
 
 Accounts and Audit. 
 
 25. — (1.) There shall be three borough auditors, two elected 
 by the burgesses, 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 of 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 
 Government 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 1835 and section 1 of 40 & 41 Vict,, 
 c. 66 (1877) is preserved in this clause. The dates generally approved hy the 
 Local Government Board are the 29th of September and the 25th of March, the 
 latter date being that particularly named in the Local Taxation Keturns Act, 
 1877, 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. — (1.) 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 twenty-fifth of March, or on such other day as the Local
 
 THE MUNICIPAL COItrOIiATIOXS ACT, tS8t. 43 
 
 Government Board, on the application of the council, from time Account* 
 to time prescribe, A " JlL 
 
 (3.) The return shall be in such form and contain such 
 particulars as the Local Government Board from time to time 
 direct. 
 
 (4.) The return shall be sent to the Local Government Board 
 •within one month after 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 shall for each offence be liable to a fine not 
 exceeding twenty pounds 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 effect of section 10 of 6 & 7 "Will. 4, c. 104 (1836), section 43 of 7 
 Will. 4 ami 1 Vict. c. 78 (1837), and 23 & 24 Vict. c. 51 (1860), and 40 & 41 Vict, 
 c. 6 (187 ), is preserved in this clause. The general heads under which returns 
 are now required by the Local Government 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, prosecu- 
 tion, &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. Expenditure. Public works, maintenance, and 
 repairs ; cost of police ; cost of prosecutions, maintenance of prisoners ; cost of 
 lunatics chargeable to borough; contributions to school boards; 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 
 
 ^1 sscssovs 
 
 29. — (1.) In every borough whereof no part of the area is Revising 
 co-extensive with or included in the area of a parliamentary ZSSpSa* 
 borough,* there shall be two revising assessors elected by the boroS. 
 burgesses. 
 
 (2.) Every person 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 office of each revising assessor shall be one 
 year. 
 
 * The abolition of the office of assessor in municipal boroughs included in the area of 
 a parliamentary borough was effected by Section 20 of 11 & 42 Vict. 0. 26 (1878) as 
 follows: — " After the commencement of Ibis 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 in the area of a parliamentary borough, and any assessors elected in any 
 such municipal borough before the commencement of this Act shall cease to hold office 
 upon the commenceni' nt of this Act."
 
 44 THE ENGLISH MUNICIPAL CODE. 
 
 Revising (4.) Every revising assessor shall, as soon as conveniently 
 
 may be after his election, and from time to time as occasion 
 requires, appoint, by writing 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 is eligible to 
 be elected a member of the council of a borough while holding the office 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. 4]. 
 
 (5.) The appointment shall be signified to the council, in 
 writing signed by the assessor, and be recorded in their 
 minutes. 
 
 [The efl'ect 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), is pre- 
 served in this clause]. 
 
 Division of Division of Borough into Wards, or alteration of Wards. 
 
 Borough into 
 
 Wards, or 30. — (1.) If two thirds of the council of a borough agree to 
 
 Wards. petition, and the council thereupon petition, the Queen for the 
 
 proceedings for division of the borough into wards, or for the alteration of the 
 b^'ouo-h "into number and boundaries of its wards, it shall be lawful for Her 
 tionof ward8 r . a " 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 the 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 shall 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 MUXICIPAL COEPOIiATIOXS ACT, 1889. 45 
 
 (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- //',^/! ',,',- '' 
 standing anything in this Act, be the mayor or a person alteration of 
 appointed by the mayor. 
 
 (8.) If by reason of any division or alteration under this 
 section any doubt arises as to which 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 Majesty 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 his 
 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 H .)
 
 46 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 [The effect of sections 39, 40, 42, and 43 of the Act of 1835, section 10 of 7 
 Will. 4 and 1 Vict. c. 78 (1837), sections 1, 2, and 3 of 22 Vict. c. 35 (1859), 
 section 4 of 32 & 33 Vict. c. 23 (1869), and 34 & 35 Vict. c. 67 (1871) is 
 preserved in this clause]. 
 
 Supplemental 
 and Excep- 
 tional Provi- 
 sions. 
 
 Occupation of 
 part of house. 
 
 Claim by occu- 
 pier to be rated. 
 
 Supplemental and Exceptional Provisions. 
 
 31. — In and for the purposes of this Act — 
 
 (a.) 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 the case. 
 
 [There may, by this subsection, he several persons deriving their qualification 
 to he 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 Reg. v. Mayor 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 Registration 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 dwelling-house, the person must have an occupation in respect of which he can 
 be rated to the relief of the poor, and therefore he is not entitled to such dwelling- 
 house franchise by reason of the occupation of part of a house if he occupies 
 such 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 Representation 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 landlord and not the tenant was rated, and the landlord 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 occupy the rooms as a lodger but 
 as an occupying tenant under the Representation of the People Act, 1867, and 
 that he could therefore acquire the dwelling-house franchise in respect of such 
 occupation." Bradley, appellant, Bayless, respondent; Morfee, appellant, 
 Nurris, respondent; Kirby, appellant, Biff en, respondent. (L. R., Q,. B. D., 
 vol. 8., p. 195.)] 
 
 32. — (1.) If an occupier of any qualifying property, whether
 
 THE MUNICIPAL CORPORATIONS ACT, 1889. 47 
 
 Supplem ntal 
 the landlord is or is not liable to be rated to the poor rate in and Bxeep- 
 
 respect thereof, claims to be rated to the poor rate in respect''"" / "" 
 
 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 he regarded as the tenant's means of 
 securing his franchise privileges notwithstaniing 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 pur- 
 poses 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 
 59 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 hy which the rent shall he reserved or made payable 
 at any shorter period than three months," shall he assessed to the rates in respect 
 of such houses, instead of the actual occupiers : — Held (by Lord Coleridge C.J. 
 and Brett L.J., Baggallay L.J. dissenting) that this section has no application 
 to houses let at a weekly rent amounting to more than twenty pounds hy the 
 vear. — lies, appellant ; The Assessment Committee of West Mam Union and others, 
 respondents. (L.R., Q. B. D., vol 8, p. 69)]. 
 
 33. — (1.) Where a person succeeds to qualifying propertv by Rules as to 
 
 v/ . x . 1 J D r r J J qualification ol 
 
 descent, marriage, marriage settlement, devise, or promotion to burgess on 
 
 ° ° 7 v succession, Ac. 
 
 a benefice or office, then, for the purpose 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 suc- 
 cession. 
 
 (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.
 
 48 THE EXGLISH MUNICIPAL CODE. 
 
 Supplemental (4.*) A person shall not be disentitled to be enrolled as a 
 
 and Excep- ■> i 
 
 tional Pfovi- burgess by reason only— 
 
 *ions. (#.) 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 
 reception of the sick, at the cost of any local authority ; 
 or 
 (b.) 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 1835, sections 8 & 9 of 7 
 Will 4andl Vict. c. 78 (1837), and section 1 of 32 & 33 Vict.c. 55 (1S69), is pre- 
 served in this clause]. 
 
 obligation to 34. — (1.) Every qualified person elected to a corporate 
 pay line. office, unless exempt under this section or otherwise by law, 
 
 either shall accept the office by making and subscribing the 
 declarationf required by this Act within five days after notice 
 of election, or shall, in lieu thereof, be liable to pay to the 
 council a fine of such amount not exceeding, in case of an alder- 
 man, councillor, elective auditor, or revising assessor, fifty 
 pounds, and in case of a mayor one hundred pounds, as the 
 council b}* b} 7 e-law determine. 
 
 (2.) If there is no bye-law determining fines, the fine, in 
 case of an alderman, councillor, elective auditor, or revising 
 assessor, shall be twenty-five pounds, and in case of a mayor 
 fifty pounds 
 
 [Thei'e 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 disabled by lunacy or imbecility of mind, or 
 
 by deafness, blindness, or other permanent infirmity of 
 
 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 the fine for non-accept- 
 
 * See page 28 (Section 9, subsection 3, paragraph b). 
 
 f The declaration is as follows : — " I. A.B., having been elected mayor [or alderman, 
 councillor, elective auditor, or revising 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 qualified by estate say, And I hereby declare that I am seised or possessed 
 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 [as the case may require], over and above 
 what will satisfy my just debts]." — Schedule VIII., Form A.
 
 TEE MUXICIPAL CO&l'ORJTIOTS ACT, 1S3S. 49 
 
 ance thereof, claims exemption within five days after Supplemental 
 
 r, , • i , • ami Exeep- 
 
 notice oi his election. pf ovim 
 
 (4.) A fine payable under this section shall be recoverable" 
 summarily. 
 
 [The effect of section 51 of the Act of 1835 is preserved in this clause]. 
 
 35. — A person elected to a corporate office shall not, until he ^^SmamS' 
 has made and subscribed before two members of the council, or oiiice • 
 the town clerk, a declaration* as in the Eighth Schedule, act in 
 the office except in administering that declaration. 
 
 [The effect of section 50 of the Act of 1835 is preserved in tins clause]. 
 
 36. — (1.) A person elected to a corporate office may at any Finoonrosig- 
 time, by writing signed by bim 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, at page 48]. 
 
 (2.) In any such case the council shall forthwith declare the 
 office to be vacant, and signify the same by notice in writing, 
 signed b}^ 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 (1830) is preserved in this clause. 
 The Common Law Procedure Act, 1854 (17 _& 18 Vict. c. 125, sec. 20), enacts, 
 "If any person desiring to make an affidavit or deposition shall refuse or be 
 unwilling from alleged conscientious motives to be sworn, it shall be lawful for 
 the court or judge, or other presiding officer, or person qualified to take affidavits 
 or depositions, upon bring satisfied of the sincerity of such objection, to permit 
 such person, instead of bring sworn, to make his or her solemn affirmation or 
 declaration, in form prescribed. Section 103 extends provisions to every court of 
 civil judicature in England or Ireland. The Supreme Court of Judicature 
 Act, 1878 (30 & 37 Vict. c. 66), says " oath " shall include solemn affirmation and 
 statutory declaration]. 
 
 37. — A person ceasing to hold a corporate office shall, unless Rppii^biitr oi 
 
 ^ nlHnn \\f\\ (li>r»Q 
 
 disqualified to hold the office, be re-ehgiblc, 
 
 [The effect of sections 25 and 31 of the Act of 1836 is preserved in this clause, 
 but as these si ctions did not render it quite clear whether revising assessors and 
 elective auditors are re-eligible, this clause has been drafted in general terms]. 
 
 olKco holders. 
 
 * See preceding page for the form of declaration.
 
 50 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Supplementat 
 and Excep- 
 tional T'iori- 
 sions. 
 Mayor nnrl 
 aldermen to 
 continue mem- 
 bers of council. 
 
 38. — The mayor and aldermen shall, during their respective 
 offices, continue to be members of the council, notwithstanding 
 anything in this Act as to councillors going out of office at the 
 end of three years. 
 
 [The effect of section 26 of the Act of 1835 is preserved in this clause]. 
 
 Avoidance of 
 office by bank- 
 ruptcy or 
 absence. 
 
 39. — (1.) If the mayor, or an alderman or councillor — 
 (a.) 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 A&latt v. Mayor and Corporation of Southampton, in the Chancery- 
 Division of the High Court of Justice (L.R., CD. vol. 16, p. 143), was a motion 
 made to restrain the defendants, the borough town council, from avoiding or declar- 
 ing void the office of alderman of the borough held by the plaintiff, and from 
 appointing or electing any successor to him and interfering with his rights and 
 privileges as an alderman. The plaintiff in January submitted a proposition to his 
 creditors for 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 under 
 the Bankruptcy Act, 1869, for an arrangement or cc 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 purposes 
 of his composition. The defendants had not taken any step to avoid the office 
 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 office of alderman held 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 the office 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 office to be void 
 and signify the same," as therein provided. By the Debtors Act, 1869, 
 the disqualification is extended to any person who has been declared bank- 
 rupt, or arranged or compounded with his creditors under the Bankruptcy Act, 
 1869, whether by deed or otherwise. For the defendants on the motion it was 
 argued that the plaintiff had in effect "compounded by deed " with his creditors, 
 and that his case was, at all events, within the mischief intended to be pre- 
 vented by the above disqualification. It was further argued fhat the Master of 
 the Rolls had no jurisdiction to entertain the case, which should have been 
 brought by some proceed ; ng in the Queen's Bench Division. Jessel, M.R. 
 paid that the case was one of great importance, and he should have been glad 
 if it had been possible to have had further 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 great extent, be a final one under the circum- 
 stances. If any miscarriage did occur, the defendants were onlyto blame for 
 not having brought the matter to an issue previously. In his opinion,_ what the 
 plaintiff had done was not a " composition by deed" within the meaning of the 
 Municipal Corporations Act, 1835, s. 52, and it could also not be said to be an 
 arrangement or composition under the Bankruptcy Act, 1869. He was bound, 
 as the sections 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 penalties 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 CORTORATIOXS ACT, 18S3. 61 
 
 tion, under section 25 of the Judicature Act, 1873, to grant an injunction in all Supplemental 
 cases for the protection of a legal right or the prevention of a threatened -wrong, and JSxeep- 
 wbere it was " just and convenient " so to do. He also thought that this action tional Provi* 
 was not one of those assigned to the Queen's Bench Division, and, even if it had sions. 
 been, he still considered that he had jurisdiction to interfere where, as here, his 
 interference was impei at ively demanded, and where, if he refused to hear the 
 application, it would, in effect, he a denial of justice. He therefore granted an 
 injunction restraining the defendants from avoiding the oflice of alderman, and 
 from interfering with the plaintiff in his 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* declare 
 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 he strictly followed. Office not vacant until the 
 formalities he complied with. Reg. v. Mayor of Leeds, (7 A. & E., 963) ; Reg.Y. 
 Mayor of Oxford (6 A. & E., 349)]. 
 
 (3.) Where a person becomes so disqualified by being declared 
 bankrupt, or compounding, or making an arrangement or com- 
 position, as aforesaid, the disqualification, 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 
 Hardwick v. Brown (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 which was payable six months after registration of tho 
 confirming resolution. The registration took placo on the 23rd of September. 
 On the ith of November, B placed bis resignation of his office of councillor in 
 the bands of the town clerk, and announced bis resignation by advertisement on 
 the 6th of November, and by the same advertisement offered himself for re- 
 
 * " Forthwith " prr Lord Campbell, C.J., " may have a different meaning, according 
 as tho act to be done is ministerial or judicial." Coetor v. Httherington (28 L. J., 
 K. S., M. C, 199). Ministerial, it is "within a reasoimblo time" — judicial — "upon 
 application being mado."
 
 52 
 
 THE EXGLISE MUNICIPAL CODE. 
 
 Supplemental 
 and Excep- 
 tional Provi- 
 
 sions. 
 
 Filling of 
 
 casual 
 
 vacancies. 
 
 election. At the annual meeting 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 18th (there having been no declaration by the council that the office was 
 void) lie was re-elected a town councillor. Upon a case stated for the opinion 
 of the Court, pursuant to s. 15 of the Corrupt Practices (Municipal Elections) 
 Act, 1872 (3o & 36 Vict. c. 40) :— Held (by Bovill, C.J. and Keating and 
 Honyman, J. J.), that B. having by reason of his having compounded with his 
 creditors ceased to hold the office of councillor, was incapable of resigning it, 
 and the council not having pursued the course pointed out by s. 52 of the Muni- 
 cipal Corporations Act, that the election was therefore void. Held, also, that B 
 not having "paid his debts in full," he was not qualified for re-election imder 
 that section. 
 
 A burgess, from the mere fact of being an uncertificated bankrupt, is not 
 disqualified from being elected a councillor or alderman ; although bankruptcy 
 during the term of office, would act as an immediate cause of incapacity, Rex v. 
 CHtty (5 A. & E., 609)]. 
 
 (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 generally 32 & 33 Vict. c. 71 (The Bankruptcy Act, 1S69) 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 payment of the 
 monetary penalty in default would be easily avoided by non-residence.] 
 
 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 Connell 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 thiough a 
 previous invalid election. The petitioner moved for a ride for a mandamus calling 
 upon 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. I. Lowthian 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 invalid. The corporation did not oppose the application for a rule, or 
 that it should be made absolute. The petitioner therein applied that the rule 
 should be made absolute with costs, seeing that the matter had arisen out of the 
 mistake of the corporation. The corporation resisted the application to saddle 
 them ■« ith the cost3 ? as, in point of fact, nobody was to blame ; but, acting on a 
 suggestion from the Bench (Field and Manisty, 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 accordingly]. 
 
 (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 of votes shall be deemed to be
 
 TEE MUNICIPAL CORPORATIONS ACT, ISSt. 5S 
 
 elected in the place of him who would regularly have first gone Supplemental 
 out of office, and the councillor elected by the next smallest "tmai'rrlvi- 
 number of votes shall be deemed to be elected in the place of sio " s - 
 him who would regularly have next gone out of office, and so 
 v ith 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 1S35, and section 11 
 of 7 "Will. 4 and 1 Vict. c. 73 (1837), is preserved in this clause]. 
 
 41. — (1.) If any nerson acts in a corporate office without Penalty on 
 
 i • i i i i • i i • ■ -i unqualified 
 
 having made the declaration by this Act required, or without person acting 
 
 ,. . . . in office. 
 
 being qualified at the time of making the declaration, or after 
 ceasing to be qualified, or after becoming disqualified, he shall 
 for each offence 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 1--:'.'. . is |t M-rvcil 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 acta 
 
 * ° x l done notwith- 
 
 of a corporate office, and acting therein, shall, notwithstanding sti 
 
 1 , ' ° ' ' ° qualification, 
 
 his disqualification or want of qualification, be as valid and so- 
 effectual as if he had been qualified. 
 
 [The Corrupt Practices Act, 35 & 36 Vict. c. 60, s. 23 (1872). provides that 
 acts <»l all pi : hucd not el< cted under the provisions of thai >t n ate shall 
 
 did, till the decision that they are nut 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 bad. if t bat 
 person was then in actual possession of, or acting in, the office 
 giving the right to preside at the election. 
 
 • See post Part XII., as to Legal Proceedings.
 
 54 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 and Excep- 
 tional Provi- 
 sions. 
 
 Duties of town 
 clerk, deputy, 
 and treasurer 
 during vacancy 
 or incapacity. 
 
 (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 Ihe Act of 183-5. 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 treasurer, 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 preserved in this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, 188*. 65 
 
 PART III. 
 
 Preparations for and Procedure at Elections. 
 
 Parish Burgess Lists ; Burgess Rolls ; Ward Rolls. Parish 
 
 Burgess Lists ; 
 
 44 i _(l.) Where the whole or part of the area of a borough 5^**/ 
 is co-extensive with or included in the area of a parliamentary 
 
 . Preparation 
 
 borough, the lists of burgesses are to be made out and revised, and revision of 
 
 ° ' , . , i j parish burgesa 
 
 and claims and objections relating thereto are to be made, lists. 
 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 
 tint 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 is 
 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 
 s. 3 of the Representation of the People Act, 1867, to be registered as voters 
 for the parliamentary borough in respect of the occupation or properly 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 list so made out the following provisions shall have 
 ct : — (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 Ads: (2.) Where the parish is situate, wholly 
 fir partly, both in the parliamentary borough ami in the nnmieip il bornigli, the 
 list for the parish shall be made out in three divisions: Division One shall 
 comprise the names of the persons entitled both to beregistered as parliamentary 
 voters under a right conferred as aforesaid, and to be enrolled as burgesses; 
 Division Two shall comprise the nanus of the persons entitled to be registered 
 as parliamentary voters under a right conferred as afores.iid, but not to be 
 enrolled as burgesses; Division Three shall compri e bhe names of the persons 
 • i.titled to be enrolled as burgesses, bul 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 
 tie rein, his place of abode, the nature of his qualification, and the situation and 
 description of tin- property in respect of which he is entitled : (I.! Bach list 
 shall be signed and otherwise dealt with in manner dire; ted by the Parlia- 
 mentary Regi tration Acts with respect 1" the alphabetical lists mentioned in 
 s. 13 of the Parliamentary Registration Act, 1843: (5.) Where no pari of the 
 jiaii-h isMtuate within tie municipal borough, the list for the parish shall bo 
 
 deemed to be a li.-t of voters for the parlii mtary borough : (6.) Where no 
 
 part of the parish is situate within the parliamentary borough, the list for the
 
 66 TEE EXGLISE MUNICIPAL CODE. 
 
 Parish parish shall he deemed to he a burgess list for the municipal horough : (7.) 
 
 Burgess Lists ; Where the list is made out in divisions, Divisions One and Two shall be deemed 
 S 'fro ess Bolls • *° De ^ s ^ s °^ v °t''is tor the parliamentary borough, and Divisions One and 
 Ward Rolls. ' 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 
 borough in -which any persons are entitled to be registered as freemen, or under 
 any right other than a right conferred by the Reform Act, 1832, or s. 3 of the 
 Representation of the People Act, 1867, the registration of such persons shall be 
 carried out in the 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 the purposes of this Act, be dealt with separately, 
 and as if each were the only municipal borough included in whole or in part in 
 Buch parliamentary borough ; and if any parish is partly in one and partly in 
 another or others of such municipal boroughs, 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 town 
 clerk for the purposes of the Parliamentary Registration Acts and this Act. 
 S. 18. The 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 parliamentary 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 any 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 
 shall be copiied for the burgess roll in manner directed by the Municipal Corpo- 
 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 bursess lists, and all 
 the provisions of this Act with respect to the burgess lists shall apply to those 
 separate lists. S. 20. After the commencement 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 in the area of a parliamentary borough, and 
 any assessors elected in any such municipal borough before the commencement 
 of this Act shall cease to hold office upon the commencement of this Act. S. 21. 
 If and so far as the local authority so direct, the lists of parliamentary voters 
 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 paiiiamentary 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 which the qualifying 
 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 
 they are situate, subject in the case of a municipal 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 
 divide the parliamentary borough into polling districts, and as regards a muni- 
 cipal borough the council of the municipal horough. S. 22. Where a person is
 
 THE MUNICIPAL COEPOUATIONS ACT, U 57 
 
 entered in respect of lodgings on the register of voters for the time beim? in t, • , 
 
 force, and desires to be entered on the next register in respect of the Bame Lode- *™ m * 
 
 ings, he may claim to he so entered by sending notice of bis claim to the over- J ™ r 9 M *Lj*f*: 
 
 Beers of the parish in which bis lodgings arc situate on or before the 25th July -,','' '' : ", s 1 ' 
 
 The overseers shall on or before the last day of July make out a list of all ] er- - 
 
 eons so claiming, and if they have reasonable cause to believe thai any person 
 
 whose name is entered on the list is not entitled to lie registered or is dead, 
 
 6hall add in the margin of the list opposite his name the words "ohj< ,-t« d 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 
 
 in s. 13 of the Parliamentary Registration Act, 1843, and shall for the purposes 
 
 of the Parliamentary Registration Acts he deemed to be lists of voters, and the 
 
 provisions of the Parliamentary Registration Acts as to objections shall apply to 
 
 such lists, and the persons against whose names th • overseers have so written the 
 
 words " objected to" or " dead " shall he deemed to be dulyobji cted to. S. 23. 
 
 In the case of a person claiming to vote as a lod.-er, the declaration annexed to 
 
 his notice of claim shall, for the purposes of revision, bepritnd 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 
 aud 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. 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 
 li;t, of all persons entitled to be enrolled in the burgess roll for the year in 
 respect of property in that parish.* 
 
 2. The ovei seers shall ki ep 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 burj>css lists 
 to be fixed on the town hall, and to be kept so fixed during the last seven of 
 those fifteen days. 
 
 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 
 Othtr parish burgess li-t. 
 
 6. Every person s 1 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 pterson 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 Beparate lists of the claimants and tho 
 persons objected to (in this Act referred to as respondi nts), and shall cause 
 printed copies thereof to be fixed on tho 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 tho 
 parish hurgess lists. 
 
 10. They shall for this purpose hold an open court in tho borough on 
 some or one of the first fifteen days of October. 
 
 * Overseers are entitled to have reasonable i cpenses inourredby them in preparing 
 the listn, to be defrayed out of the borough funds.
 
 58 TEE ENGLISH MUNICIPAL CODE. 
 
 p ar i s h 1 1 • They shall give three clear days' notice of the holding of the court, hy 
 
 Bt/rqess Lists ■ notice fixed on the town hall. 
 
 Burgess Soils ■ 1^. The town clerk shall at the opening of the court produce the parish 
 
 Ward Bolls, hurgess lists, and a copy of the lists of claimants and respondents. 
 
 13. The court shall insert in the parish hurgess 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 he so entitled. 
 
 14. The court shall expunge from the parish burgess lists the name of 
 every person proved to the court to he dead. 
 
 15. Subject as aforesaid, the court shall retain in the parish bureress 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 
 support 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. 
 
 18. If the name of any person is entered in respect of property situate in 
 more than one ward, the court may call upon him to choose and if he docs 
 not choose, may determine in which of those wards he shall be entitled to 
 vote. 
 
 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 description 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 part of the lists in which a mistake 
 has been corrected or omission supplied, and shall sign his name to every page 
 of the lists so revised. 
 
 25. The Mayor may adjourn the court from time to time, so that no 
 adjourned court be held after the fifteenth of October. 
 
 (3.) In either case the lists shall be styled the parish burgess 
 
 lists. 
 
 [The effect of sections 15, 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. 26 (1878), and other 
 sections of that Act cited under subsection 1, are preserved in this clause. It 
 will also be noticed that a new designation is introduced in the clause (sub-section 3), 
 namely, that of " Parish burgess lists"]. 
 
 The burgessroii 45. — (1.) "When the parish burgess lists have been revised and 
 
 and ward . t i n i i • i ji 
 
 roiie. signed, the revising authority shall deliver them to the town 
 
 clerk, and a printed copy thereof, examined by him and signed 
 by him, 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 in 
 operation for the twelvemonths beginning on that day.
 
 THE MVXIC1PAL COPPORATIOXs ACT, 188*. 59 
 
 [This subsection is framed with reference to the case of Budge v. Andrews Parish 
 and others (3 C.P.D. 510), which was a special query to the Court as to whether Burgeu Lists ; 
 a burgess on the roll in force at the time of the nomination but not on the roll Burgees Nolls ; 
 upon whiih the election proceeds can properly be nominated. Held in the Jfcti 4 Polls. 
 affirmative (by Grove and Lindley, 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 be 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 burgess 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 bad properly made his 
 selection, and the fact of his voting afterwards in the other ward could not 
 vitiate his previous vote. Peg. 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 Kegistration 
 Act, 1878, f it shall 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 burgess roll shall be deemed to be not enrolled as a burgess. 
 
 * If a person is qualified to be a burgess in more than one ward be must elect in 
 which ward he will be enrolled, and if he fails to do so, the revising authority may euro) 
 him at discretion in any one of those in which his qualification arises. 
 
 t This section is as follows: — "The lists, if made out in divisions under this Act, 
 shall when revised be delivered to the town clerk, to whom in respect of the area to 
 which the lists relate revised parliamentary lists oughJ to be delivered. The revising 
 barrister shall as part of the business of the revision, at the requesl of thfl town clerk 
 of any municipal borough the whole or part of the area of which is co-extensive with 
 or included in the area of a parliamentary borough, ngii and deliver to him a duplicate 
 of the whole or part of any revised list, made out in di\ i ions and relating to thai muni- 
 cipal borough. Every such duplicate shall be prepared by the town clerk al whose 
 request it is so signed, and shall be kept by him for use for municipal purposes," 
 41 & 42 Vict. c. 26.
 
 60 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Arrangement 
 of lists and 
 rolls. 
 
 Parish (9.) No stamp duty shall be payable in respect of the enrol- 
 
 Burqess Lists ; « , . 
 
 Burgess Rolls; ment of a DUrgesS.* 
 
 Ward Rolls. 
 
 [The effect of sections 22, 44 and 45 of the Act of 1835, and sections 31 and 
 33 of 41 & 42 Yict. c. 26, have heen preserved in this clause. See Beg. v. 
 Straehan(L. E. C. v. 7, 463), as to operation of Stamp Act (33 & 34 Vict. c. 97, 
 es. 3, 102, and sch.) which imposes a penny stamp on "Voting paper." — Does 
 not extend to voting papers used under 7 Will. 4 and 1 Vict. c. 78, ss. 13, 14, at 
 a meeting of the town council of a municipal borough for the 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 qualifying 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 appeal from the 
 decision of the revising barrister shall apply to a decision on the revision of the 
 burgess lists, and the provisions of the said Acts as to the alteration 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 the burgess roll made up 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 the burgess roll, and the alteration or correction shall be made and 
 Bigned by him "]. 
 
 (2.) Where the parish burgess lists are revised under this 
 Act, any person whose claim has been rejected or name ex- 
 
 * The Stamp Acts generally provide that there shall be paid on admission in England 
 or Ireland as a burgess, or into any corporation or company, in any city, borough or 
 town corporate, in respect of birth, apprenticeship, or marriage, or in Ireland, in respect 
 of being engaged in any trade, mystery or handicraft, the sum of £1 ; upon any other 
 ground £3. The exemptions are admission of any person to the freedom of the City 
 of London, by redemption and enrolment as in this subsection. As the Inland 
 Revenue authorities attach quite a different meaning 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. 
 
 Correction of 
 burgess roll.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. 61 
 
 pimged at the revision of the lists may apply, within two Parish 
 months after the last sitting of the revision court, to the High ^Zu ' 
 Court in the Queen's Bench Division for a mandamus to the Ward Rolls. 
 mayor to insert his name in the burgess roll ; aud thereupon 
 the court shall inquire into the title of the applicant to be 
 enrolled. 
 
 [The word "shall" after "court" in this subsection is used with reference 
 to the case of Reg. v. Mayor of Harwich (S A. & E , 919). After a hurgess 
 roll has been made up in the manner provided by 5 & 6 Will. 4 c. 76, the per- 
 sons whose names are on the roll an' entitled to vote at the election of council- 
 lors, and upon the trial of an information, their right cannot be questioned. — 
 Reg. v. Tugwell (38 L. J. R., N. S., Q. B. 12)]. 
 
 (3.) If the court grants a mandamus, the mayor shall insert 
 the name in the burgess roll, and shall add thereto the words 
 "by order of Her Majesty's High Court of Justice," and shall 
 subscribe his name to those words. 
 
 [The effect of section 24 of 7 Will. 4 and 1 Vict. c. 78 (1837), and section 35 
 of 41 & 42 Vict. c. 26 (1878), is preserved in this clause]. 
 
 48. — (1.) The town clerk shall cause the parish burgess Prmtm? and 
 lists, the lists of claimants and respondents, and the burgess roii and other 
 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 Eegistration Act, 1878, the proceeds of sale shall 
 go to the borough fund. 
 
 [The effect of sections 15, 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 
 Eollows : — '• 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 ex- 
 penses properly incurred by the town clerk (including in his expenses the 
 matters mention) d in s. 31 of the Representation 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 
 fane imposed by the revising barrister on the revision of the lists, shall be respec- 
 tively paid and applied us follows : — (1.) If the area of the parliamentary borough 
 and the area of the municipal borough are co-extensive, one-half of the expenses 
 bhall be defrayed in the manner provided by the Pailianieutary Registration 
 Acts as expenses incurred thereunder, and the other half shall he defrayed out of 
 the borough fund, and one-half of the moneys received as aforesaid shall be 
 applied in the manner diri cted in those Acts, and the other half Bhall be paid to 
 the borough fund. (2.) In all other ca e the expenses and receipts in respect 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 receipts 
 und c the Parliamentary Registration Acts, and shall as to the oilier half 
 defrayed out of and paid to the borough fund of such municipal 
 borough. And th expenses and receipl in respect of an area exclusively parlia- 
 tii qI y Bhall be defrayed and applii d as the 
 
 Pa . And the i and receipts of an 
 
 cipal Bhall be defrayed out of and paid to the borough fund of
 
 62 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Parish the municipal borough comprising such area. Any expenses and receipts in- 
 
 Burqess Lists : curred or arising in respect of more than one such area shall be apportioned 
 Burgess Rolls; between the several areas in respect of which they are incurred or arise, in the 
 Ward Molls. ' proportion as nearly as maybe in which the same are incurred and arise in respect 
 of the 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 necessary, in respect of what area 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 addi- 
 tional remuneration 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, 1859 "]. 
 
 Separate list of 
 persons quali- 
 fied to be coun- 
 cillors but not 
 
 49. — (1.) The overseers of each parish shall at the same 
 
 time that they make the parish burgess list make a list of the 
 
 to be burgesses. p ersons 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 urider 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 an appro- 
 priate heading, at the end of the burgess roll. 
 
 [The effect of section 3 of 32 & 33 Vict. c. 55 (1869), 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 
 Councillors. 
 
 Borough and 
 ward elections. 
 
 Title to vote. 
 
 Election of Councillors. 
 
 50. — (1.) Where a borough has no wards, there shall be one 
 election of councillors for the whole borough. 
 
 (2.) Where a borough has wards, there shall be a separate 
 election of councillors for each ward.* 
 
 [The effect of sections 43 and 44 of the Act of 1835 is preserved in this 
 clause]. 
 
 51. — (1-) At an election of councillors a person shall be 
 entitled to subscribe a nomination paper, and to demand and 
 receive a voting paper, and to vote, if he is enrolled in the burgess 
 
 * The extreme number of councillors named in the schedules of the Act of 1835 is 
 forty-eight, and although special and local Acts of Parliament have in some instances 
 varied the warding and representation, that number has not been exceeded.
 
 TEE MUNICIPAL COXPOXATIOXS ACT, 1SS3. 83 
 
 roll or, in the case of a ward election, the ward roll, and not Election of 
 
 ' , Councillors. 
 
 otherwise.* 
 
 [See 22 Yict. c. 35, s. 6, -where a municipal borough is divided into wards, the 
 person nominating a candidate for town councillor, must he 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. Parkinson (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. 
 
 •o 
 
 [The effect of sections 29 and 44 of the Act of 1835, section 1© of 35 & 36 
 Vict. c. 60 (1872), and section 5 of 38 & 39 Vict. c. 40 (1875), is preserved in 
 this clause]. 
 
 52. — The ordinary day of election of councillors shall be the Day 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 JX^at* 
 the returning officer shall be the mayor. 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 sections 32—35 of the Act of 1835, a mayor of a borough not divided 
 into wards, who with the two assessors presides at and declares the result of an 
 election of town councillors for the borough, 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 he 
 eligible as councillor " during such time as he shall hold any office or place of 
 prolil other 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. Reg. v. Owens (2 El. & El. 86.) 
 
 In another ca.se at an election of councillors for a borough not divided into 
 wards, the mayor was a candidate and also acted as returning officer. Thero 
 was evidence that a number of the electors who voted for him knew that he was 
 acting as returning officer, but not of their knowledge that he was thereby dis- 
 qualified from being a candidate. — J/< -It/Uud, although the electors who so voted 
 were proved to have known of the fact, the legal effect of which is to disqualify 
 a candidate, it could not without further evidi nee be presumed that they voted 
 knowing that he was ai fcually disqualified and thereby threw away their votos, 
 /:.</. v. The Mayor, Aldermen and Burgesses of Tewkesbury (37 L. J. li., N. 8., 
 Q.B. 283). 
 
 * See section 47 (pagi 6 1 ante) as to the case of Beg. v TuffWt II. 
 f 'J lie 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.
 
 fi4 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election of By section 38 of the Act of 1835 no person is qualified to be elected councillor 
 
 Councillors, 0I an y borough during such time as he shall hold any office or place of profit, 
 other than that of mayor, in the gift or disposal of the council of the borough. 
 By section 32 every election of councillors is to he held before the mayor ;md 
 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 shall, at the time when it shall be necessary to execute the powers and 
 duties of mayor with respect to elections, be dead, absent, or otherwise incapable 
 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.— Held that, 
 although the mayor cannot act as returning officer at an election when he 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 statute are not limited to cases of physical 
 incapacity. Reg. v. White (36 L. J. R., N. S., Q. B. 267)]. 
 
 Notice of 
 election. 
 
 (2.) At an election for a ward the returning officer shall be an 
 alderman assigned for that purpose by the council at the meeting 
 of the ninth of November. 
 
 [The effect of sections 32 and 43 of the Act of 1835 is preserved in this 
 clause. At the election of a councillor for a ward in a borough the mayor is 
 not the returning officer within the meaning of section 20 of the Ballot Act, 
 unless he also happens to be alderman of such ward, or unless the office of 
 alderman in such ward be vacant. Harmon v. Park (L. R., Q. B. D. 6, p. 323). 
 Sub-section 2 renders it necessary that an alderman be assigned, and supersedes 
 ex-officio aldermanic discharge of duties as returning officer] . 
 
 54. — Nine days at least before the day for the 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. e. 40 (1875) is preserved in this 
 clause]. 
 
 Nomination of 
 candidates. 
 
 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 (1875), 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 office of councillor must be nominated in 
 
 ■writing.* 
 
 [A candidate at a municipal election was twice nominated, one nomination 
 being good, but the other being bad. Eis 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 
 so voting intended to vote for the candidate, and if both classes of voters 
 could be added together, he had a majority, and was entitled to be returned. — 
 
 * See Form I. Part II. of the Eighth Schedule.
 
 TSE MUNICIPAL CORPORATIOSs ACT, 1SS2. 65 
 
 Held, that having heen duly nominated, and having a majority of votes, he -was Election of 
 entitled to be returned. Held, also, that the defect in thf> bad nomination was Councillors. 
 not cured by the 12th and 13th rules of the 1st schedule of the Ballol A.ct, in- 
 asmuch as those rules do not apply to the nomination at -i municipal election. 
 Barnstaple Municipal Election (L. R., C. P., vol. 10, p. 476)]. 
 
 2. The writing must be subscribed by two burgesses of the borough, 
 or, in the case of a ward election, of the ward, as proposera ider, 
 
 and by eight other burgesses of the borough or ward, as assenting to tho 
 nomination. 
 
 [The alteration of nomination paper after delivery to the town clerk, where the 
 proposer was not an enrolled burgess, by the substitution of a proposer duly 
 qualified. Held, in the absence of the seconder and assenting burgesses, to 
 
 invalidate nomination though other formalities complied with. Harmon v. 
 Park (L. R., Q. 11. Div. 7, p. 369)]. 
 
 3. Each candidate must be nominated by a separate nomination paper, 
 but the same burgesses, or any of them, may subscribe as many nomin- 
 ation papers as there are vaeancies to be tilled, but no more. 
 
 [At a municipal election there were four vacancies to be filled, a burgess 
 subscribed four nomination papers, whicli were delivered within due time, and 
 subsequently he subscribed a fifth nomination paper which was also delivered 
 in due time. In each case he subscribed as one of the eight assenting bur- 
 gesses required by the Act (Municipal Elections Act, 1876, 38 & 39 Viet. 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. tOTJT. 
 
 4. Each person nominated must he 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 
 qualiliedj, or 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. reqiured that at the election of councillors for a ward the person nom- 
 inating should be on the list of voters for the ward. Beg. 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 cmjidate which was 
 Robert Vicars Mather was inserted thus " T^b^rf. V Mather" : — Held, not such 
 a statement of "the surname and other names of the p rson nominated" as to 
 satisfy the requirement of s. 1. of the Act and the form given 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)]. 
 
 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 burgess, fill up a nomination paper. 
 
 7. Every nomination paper subscribed as aforesaid must be delivered by 
 tile candidate, or his proposer or seconder, at the town clerk's office, seven 
 days at least before * the day of election, and before five o'clock in the after- 
 noon of the lastday for delivery of nomination papers. 
 
 [Under the Municipal Elections Act, 1875 (38 & 39 Vict. c. 40. s. l,sub-s. 3), 
 the nomination paper must be delivered to the town clerk by the candidate himself 
 
 * The latest day before the annual election would be October 24th, subject to 
 the provisions of section 230 as to Sundays and FavtSayi.
 
 66 THE ENGLISH MUNICIPAL CODE. 
 
 Election of or Dv ^i* proposer or seconder personally, and not by an agent. And the objection 
 Councillors. * a one which, is cognisable by the mayor, whose decision allowing it may 
 
 be questioned on a petition against the return of the successful candidate. 
 
 Monks v. Jackson (L. P., C. P. D., vol. 1, p. 6S3)]. 
 
 8. The town clerk shall forthwith send notice of every such nomination to 
 each candidate. 
 
 9. The mayor shall attend at the town hall on the day next* after the last 
 day for delivery of nomination papers for a sufficient time, bet ween the hour s 
 of two and four in the afternoon , and shall decide on theWandity of every 
 
 ' objection made in writing to a nomination paper. 
 
 [Where a town clerk 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 so 
 prevent a fair election, the whole proceeding must be declared void and a new 
 election ordered. Howes v. Turner (L. P., C. P. ~D., 1, p. 670). 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. 
 - 11. Eachcandiriatemay,by writing signed by him, or, if he .-is absent 
 
 from the United Kingdom, then his proposer or seconder may, by writin g 
 signed by him, appoint a person (in this 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 office 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 had only been 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 the 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. Mayor of Basingstoke (L. P., C. P. D., vol. 2, p. 440)]. 
 
 12. Each candidate and his 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 light as such candidate to be present in the polling stations 
 during the polling, although he dues not either himself undertake the duties of 
 an agent or assist his agent in 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. P., C. P. 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 mayor is one which the very wording of the 
 rule implies is to be- discharged with every care and consideration]. 
 
 * lhat is to say — for an annual election— on October the 25th.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. 67 
 
 15. The town clerk shall at least four days before * the day of election Election of 
 cause the surnames and other names of all persons validly nominated, with Councillor! 
 their respective abodes and descriptions, and the names of the persona sub- 
 scribing their nomination papers as proposers anil seconders, to be pric 
 
 and fixed on the town hall, and in the case of a ward election, in some con- 
 spicuous place in the ward. 
 
 16. The nomination of a person absent from the United Kingdom shall be 
 void, unless his written consent given within one month before the clay of 
 his nomination in the presence of two witnesses is produced at the time 
 of his nomination. 
 
 17. Where the number of valid nominations exceeds that of the vacan- 
 cies, any candidate may withdraw from his candidature by notia 
 
 by him, and delivered at the town clerk's office not l ater than twn 
 o'clock in the afternoon of the day next a ft •■■]- th e la>t d;iv TT" < 1 . ;:'. vy " 
 of nomination papers :TTov7' led tli.it ich n ' iall taice ett el 1:1 tl'e 
 
 order in which they 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 
 jlcsire, lrom w natevcr cau-e to siv tin- li.:r.>ii:li tin- ■ •<;■ i^... la hour, ami tur - 
 jnoil ol It (.'olllcsted election nave provided lieie a memod lur giving elfect to 
 
 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 Tie the'burgiss 
 roll or ward roll, and a person whose name is inserted in one of the lists 
 from which the burgess roll or ward roll will be made up, shall bo 
 deemed to be enrolled in that roll although that roll is not yet com- 
 pleted. 
 
 [See section 45 ante (page 59) for reference to the case of Budge v. Andrews. 
 It will be useful to also here notice the case of Got hard and others (petitioners) v. 
 Clarke and others (respondents), (argued in C. P. Div., H. C. J., before J J. 
 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 papers of the petitioners 
 were delivered to the town 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 miflleading. The number 695 was the 
 number of George Chapman sh< wu 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 this proof certain numbers had, 
 by a clerical error, been inserted twice over. When the error was discovered, 
 it was corrected by the town clerk. The effect of this correction was that in 
 the burgess roll, as completed on the 22nd of October, Mr. Chapman'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- 
 material, and that the mayor ought to have disallowed the objection to the 
 nomination papers. The que-tion for the court was whether the mayor's 
 decision was right. Mr. Justice Grove: The question depends mainly on the 
 ruction which is to be placed on the schedule in 38 & 39 Vict. c. 40 (the 
 Municipal Elections Act, 1875). Previous to the pa ring of that Act itwasnot 
 r to give in the nomination paper tb - rsof tho nominators. 
 
 The form of nomination paper prescribed by the 88 & 39 Vict. c. 40 <o ituins 
 
 * The 27th of October in the case of an annual election.
 
 68 
 
 THE EXGLISH MUNICIPAL CODE. 
 
 Election of 
 
 Councillors. 
 
 Relation of 
 nomination to 
 election. 
 
 a note, " the number on the burgess roll of the burgess 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 question 
 is, whether it is imperative or directory only. I see no reason why it should 
 be held to be merely directory ; and if it were so held, it would inevitably lead 
 to irregularity, and thus give rise to inconvenience. The provision was a new 
 one, and there seemed to be good and sufficient reason for it, the object clearly 
 being to enable persons who took an interest in the election to ascertain, by an 
 inspection of 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 be exercised by the mayor until the object of the 
 statute had been completely frustrated, that object heing that, before the election, 
 persons should see whether the candidate was properly proposed, seconded, and 
 assented to by enrolled burgesses. The consequence of omitting or mis-stating 
 the number on the register might be very serious. Suppose, for example, we 
 said, as we are asked to say, the number here is immaterial, 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. 
 The 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 r.umber 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 have 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 woid " election " was usjd for the process of the election, as well as the 
 completion. In the 13th section " election" must be held to mean the consum- 
 mation of the election. No election in the present case can be declared invalid, 
 because there is no election to declare invaUd. "We must therefore give judg- 
 ment for the respondents with costs. Mr. Justice Lopes concurred. (L. R., 
 C. P. D., vol. 5, p. 253)]. 
 
 56. — (1.) If the number of valid nominations exceeds that 
 of the vacancies, 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 persons 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, and 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 poll, as are selected for that purpose 
 by the mayor, shall be deemed to be re-elected to make up the 
 required number.
 
 TEE irUXICIPAL COEPOEATIOXS ACT, U 69 
 
 (4) If there is no valid nomination, the retiring councillors Election of 
 shall be deemed to be re-elected. Councillor,, 
 
 [The effect of section 8 of 22 Vict c. 35 (1S59), and section 1 of 3S & 39 
 Vi '.. c. 40, is preserved in this clause. Wh re the mayor of a bore ugh lias, 
 under section 1, subsection 3, 38 & 39 Vict. c. 40, improperly allowed an objec- 
 tion to a nomination paper, the court has jurisdiction under 35 >fc 3'5 Vict. c. GO, 
 s. 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- uncont^steci ' 
 ing officer shall publish a list of the persons elected not later eleotlon - 
 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 f°[ ^ n °„ f £»- M 
 shall, as far as circumstances admit, be conducted as the poll at ^ectioiu 
 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 conduct d 
 in the manner in whicb the poll V-t dii jcte ; to be conducted at a contested 
 
 parliamentary i to the modifi expressed iu the shedules 
 
 aim.- i. such pr 'visions of this A.ct and of th - said schedules as relate to or are 
 
 concerned with a poll at a parliamentary election, shall apply to a poll at a contested 
 municipal election : Provided as follows : 
 
 (1.) Th- returning officer ' shall mean the mayor or other officer who, under 
 
 the law relating to municipal elections, presides at such elections : 
 (2.) The term 'petition questioning the election or return' shall mean any pro- 
 ceeding in which a municipal election can be questioned: 
 (3.) The mayor shall provide everything which in the case of a parliamentary 
 election is required to be provided by the returning officer for the purpose of 
 a poll : 
 (4.) All expenses shall be defrayed in manner provided by law with respect to the 
 
 expenses of a municipal election : 
 (5.) No return shall be mule to the Clerk of the Crown in Chancery : 
 (6.) 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 in writing of such appoint- 
 ment is given to the returning officer, the provisions of this Act with respect to 
 agents of candidates shall, so far as respects such agent, apply iu the case of 
 that election 
 (7.) The provisions of this Act with respect to — 
 
 (a.) The voting of a returning officer ; and 
 (b.) 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 iu the case of a municipal election. 
 A municipal election shall, except in so far as relates to the taking of the poll in the 
 event of its In ing conti 3ted, be conducted in the manner iu which it would have been 
 conducted if this Act had not passed." 
 
 Bole 01 for Municipal Elections, contained in Part II. of the First Schedule of 
 the Act, may be also usefully quoted here : — " In the application of the provisions of 
 this Bchedtu • to municipal is the follow ing modifications shall he made : — 
 
 (a.) The expression ' register of voters ' means the burgess roll of the burgesses of 
 the borough, or, in the case of an el i tion for the war I of a borough, the ward 
 list; and the mayor shall provide tn of such register for each polling 
 
 em : 
 (b.) All ballot papers and other documents which, in the case of a parliaments 
 election, are forwarded to the Clerk i I own in Cha hall be delivered 
 
 to tin' town clerk of the municipal b >ro in which the election is held, and 
 shall be kepi by him amor I of tin borough ; and the provisi ais of 
 
 Parti, of this schedule With respect to the inspection, p >n, audd< itruction 
 
 of such ballot pi I documents, and to the copies of such documents 
 
 shall apply respectively to the ballot papers and documents so in the custody 
 of the town clerk, with these modifications ; namely,
 
 70 THE ENGLISH MUNICIPAL CODE. 
 
 Election of directed to be conducted, and, subject to the modifications 
 Councillors. expresged in p art I1L of the Th i lcL 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 ret uiiiing 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 voters^, and 
 Hules 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. The mayor shall provide everything which in the case of a parlia- 
 mentary election is required to be provided by the returning officer for 
 the purpose 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 officer 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 although a (parliamentary or) municipal election will 
 be void by the common law of Parliament, if it be so conducted that either there 
 be no such election by the constituency at all, or it be not really 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 court 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 Commons, or of one of Her 
 Majesty's superior courts ; but an appeal from such county court may be bad 
 in like manner as in other cases in such county court ; 
 
 (b.) The regulations for the inspection of documents and the fees for the 
 supply of copies of documents of wbich copies are directed to be supplied, shall 
 be prescribed by the council of the borough with the consent of one of Her 
 Majesty's Principal Secretaries of State ; and, subject as aforesaid, the town 
 clerk, in respect of the custody and destruction of the ballot papers and other 
 documents coming into his possession in pursuance of this Act, shall be subject 
 to the dhections 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." 
 * Eules 31 to 38, Part I. of the First Schedule to the Act prescribe these duties. 
 + Section 2 1 
 
 X Sections 6, 16 & 17 \ of 35 & 36 Vict. c. 33. 
 § Section 7 i 
 
 || These two rules are as follows: — "16. Each polling station shall be furnished 
 with such number of compartments, in which the voters can mark their votes 
 screened from observation, as the returning officer thinks necessary, so that at least 
 one compartment be provided for every one hundred and fifty electors entitled to 
 vote at such polling station. — 19. The returning officer shall give public notice of 
 the situation of polling stations and the description of voters entitled to vote at each 
 station, and of the mode in which electors are to vote."
 
 TEE MUXICIPAL CORPOPATIOXS ACT, U 71 
 
 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 Councillors. 
 be void by the common law of Parliament, notwithstanding there may have 
 been some mistake or misconduct in the use of the machinery in the Hallot 
 Act. (This ca>". it may be remarked, also decides a number of points of some 
 ■ >t under the Ballot .vet. equally applicable t" parliamentary and municipal 
 Ions, with respect to the marking of papers, voter's signature, &c.) — 
 Woodward v. Sarsons (44 L. J. li., N. S., C. P., 203)]. 
 
 (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 o'clock in the forenoon 
 and close at four o'clock in the afternoon of the same day.* 
 
 (4.) B ut if one hour elapses during w hich no vote is tendered, 
 and the returning officer has not received notice that any person 
 lias within that hour been prevented from 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 w 7 riting. 
 
 [Amendments have been made in the drafting of this subsection to meet 
 omiuud cases, and give effect to the obvious intention of the Legislature]. 
 
 (6.) Nothing 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 
 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, 1S72, with respect to agents of candi- 
 dates, f shall, as far as regards that agent, apply in the case of 
 that election. 
 
 [The effect of sections 32 and 35 of the Act of 1S35, section 18 of 7 Will. 4 
 and 1 Vict. c. 78 (1837), and section 20 (particularly) of 35 & 36 Vict, 
 c. 33 (which Act is referred to generally), is preserved in this clause]. 
 
 59. — (1.) At an election of councillors, the presiding officer Questions 
 fehall, if required by two burgesses, or by a candidate or his put to voters. 
 
 * Public notice of the result is to lie given l>y the returning officer as soon as 
 |. Lble. Rule II, Part /., First SeheduU <>/' Ballot Act, L872. 
 
 t See particularly hereon Rules 51 to 55 of Part 1. of the First Schedule of the 
 Ballot A<-t, \*'ri.
 
 72 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election of 
 Councillors. 
 
 agent, put to any person offering to vote, at the time of 
 presenting himself to vote, but not afterwards, the following 
 questions, or either of them : — 
 
 (a.) Are you the peison enrolled in the burgess [or ward] 
 roll now in force for this borough [or ward] as follows 
 [read the whole entry from the roll~\ ? 
 (b.) Have 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 effect of section 34 of the Act of 1835 is preserved in this clause. It 
 is perhaps worth while observing that the stiict prohibition against putting 
 any but the three questions giren 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 jn 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 while the 
 election is still incomplete ; they may then instantly proceed to vote for another 
 candidate. If it be disclosed afterwards, the party elected may be ousted and 
 the election declared void, but the candidate in the minority will not be deemed 
 ipso facto elected. But when an elector before voting receives due notice lhat 
 a particular candidate is disqualified, and yet will do nothing but tender his 
 vote for him, he must be taken as voluntarily abstaining from exercising his 
 franchise, and as violating his duty of assisting at the election "*]. 
 
 Election of 
 Aldermen. 
 
 Time and mode 
 o* election of 
 aldermtn. 
 
 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 
 quaiterly meeting of the council. 
 
 (2.) The election shall be held immediately after the election 
 of the mayoi 1 , or, if there is a sheriff, the appointment of the 
 sheriff. 
 
 (3.) An outgoing alderman, although mayor elect, shall not 
 vote. 
 
 * See " Grant on Corporations," page 399.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. 73 
 
 (4.) Every person entitled to vote may vote for any number Election of 
 of persons not exceeding the number of vacancies, by signing Aider ' u "- 
 and personally delivering at the meeting to the chairman a 
 voting paper containing the surnames and other names an I 
 places 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 
 In Id to be a misnomer cured hy s. 142 of 5 & 6 Will. 4, c. 76. It wi - di i id d as 
 not necessary that the Christian name should he written at full length; hut 
 if sueh a contraction as is ordinarily used for the Christian name b( written, 
 and intended to designate such, it would 1 e sufficii nt. — Reg. v. Bradley (30 L. J., 
 Q. B., ISO.) In a nomination paper at an election for town councillors of 
 a borough under the Municipal Elections Act, 1 87, the name of a candidate 
 which was .Robert Vicars Mather was inserted thus — "Robert V. Mather": 
 Held, not sueh 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 thai the inaccuracy was not cured by section 
 1-12 of 6 & 7 Y\'ill. 4, c. 76. The Municipal Elections Act, 1 8 7 -"> . in rated 
 
 the former Act in these words, "This Ai t shall so far as is consistent with the tenor 
 thereof, be con-trued as one with the Act oka Will. 4. c. 70, and the Arts 
 amending the same." It does not say that the provision in s. 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 exist* nee 
 then and therefore could not have been in contemplation of the Legislature. 
 J. gina v. Bradley and Reg'uia v. Plenty (L. II., Q. B., 4. 347; (1869), cited 
 and overruled 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 chairman, although as 
 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 1 
 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.) Tie ordinary day of election of mayor* shall be Timenmi m ,„. P 
 the ninth of November. ° f ±° tion ot ' 
 
 iiiu> ur. 
 
 * The very generally used designation of "Ex-mayor," is almost universal!] 
 iRed to be corjfined to the immediate past mayor, but it would be difficult to I 
 cully dispute the claim of an] person, who b b held the office of mayor, to the title, as 
 the following quota! on from Littre will show: — Ex. : Partii ale qui se joint par le trail 
 ■ I union a certains mots pour exprimer I'etat on la position anterieure d'une personne ; 
 on ex-ministre, un ex-depute. Etym. : I. at.: ex;Grec: i$, bora. The fact that the 
 term "ex-mayor" is nowhere used in this Act would also seem to luur out the fore- 
 going conclusion.
 
 74 TEE ENGLISH MUNICIPAL CODE. 
 
 Election of (2.) The election of mayor shall be the first business trans- 
 
 Mayor. acted at the quarterly meeting of the council on the day of 
 
 election. 
 
 (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 the Act of 1835 is preserved in this 
 clause. Subsection 4 prevents any chairman ensuring his own election as 
 mayor by producing an equality of votes by voting in the first instance and 
 then giving a casting vote. His vote can only be given when the council exclusive of 
 himself are equally divided. It is almost needless to observe that the rule of 
 "government (or decision) by majority" of necessity prevails in this case]. 
 
 Election of Election of Auditors and Assessors, 
 
 Auditors and •' 
 
 Assessors. 62.— (1.) The ordinary day of election of elective auditors 
 
 Time and mode v/ tit i -l 
 
 of tiection of shall be the first of March, or such other day as the council, 
 
 auditors and _r . 
 
 assessors. ^th the approval of the Local Government Board, from time 
 to time appoint. 
 
 (2.) The ordinary day of election of revising assessors shall 
 be the first of March. 
 
 (3.) If the election of elective auditors and that of revising 
 assessors 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 be therein 
 separate, and distinguished so as to show the office 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. 
 
 (4.) An elector shall not vote for more than one person to be 
 elective auditor or revising assessor. 
 
 (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 thenomination and election of councillors 
 for a borough not having wards shall apply to the nomination 
 and election of elective auditors and revising assessors. 
 
 [The effect of section 37 of the Act of 1835, section 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 
 Vict. c. 66 (1877), is preserved in this clause].
 
 THE XUXICIPAL CORPORA TIOXS ACT, tSS2. 76 
 
 Supplemental and Exceptional Provisions. Supplemental 
 
 nn t< n 1 • and Excep- 
 
 63. — ror all purposes connected with and having reference tionalProvi- 
 to the right to vote at municipal elections words in this Act n 
 importing the masculine gender include women. u>' votof womea 
 
 [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, audi: 
 and assessors, has reference only to the disability of women by reason of sex 
 and has no reference to the disability by reason of the status of covi rture. 
 And the Married Women's Property Act (33 & 34 Yict. 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 coun- 
 cillors. 
 
 Semble, that a woman, who is rightly on the burgess list, but married before 
 the election, is also disqualified from voting. — Reg. v. Harrald (L. K , C P 
 v. 7, p. 361)]. 
 
 64. — The council may divide the borough or any ward into polling 
 polling distiicts, and thereupon the overseers shall, as far as distnct8, 
 practicable, make out the parish bur<;oss lists so as to divide 
 the names in conformity with the polling districts. 
 
 [The effect of section 10 of 38 & 39 Vict. c. 40 is preserved in this clause]. 
 
 65. — Any notice required to be given in connection with a Notices as to 
 municipal election may, as to elective auditors and revising e 
 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. — (1.) On a casual vacancy* in a corporate office, the Time for ailing 
 election shall be held within fourteen days after notice in writing vacancies. 
 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 shull be signed by the town clerk. 
 
 (3.) In other cases the day of election shall be fixed bv the 
 
 mayor. 
 
 [The effect of sections 27, 47, and 49 of the Act of 1835, sections 9 and 11 of 
 16 & 17 Vict. c. 79 (1853), and section 9 of 38 & 39 Vict. c. 40 (1875), is 
 preserved in this clause]. 
 
 * It bus been held that an election taken to fill ordinary and extraordinary vacancies 
 both together is wholly had. In ease, therefore, an election to s n j > j • I ^ an extraordinary 
 vacancy takes place on the day of an ordinary election (thai is, cm the first of Novem- 
 ber), care must be taken that in the notice of the election, as well us in all other 
 
 subsequent proceedings, a distinction is preserved hetween the two classes of candidates 
 
 orei the two descriptions of vacancii s, so that it may distinctly appear who is to till the 
 extraordinary vacancy, and who the ordinary.
 
 76 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 
 and Excep- 
 tional Provi- 
 sions. 
 
 Illness, &c. of 
 mnyor or 
 returning 
 officer. 
 
 Election of 
 councillor in 
 more than one 
 ward. 
 
 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. 
 
 (2.) In case of the illness, absence, or incapacity to act of 
 the alderman assigned to be returning officer at a ward election, 
 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, within three days after notice thereof, choose, by 
 writing 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 effect of section 46 of the Act of 1835 is preserved ia this clause]. 
 Elections not in 69. — A municipal election shall not be held in any church, 
 
 churches. , 
 
 chapel, or other place of public worship. 
 
 [The effect of section 33 of the Act of 1835 is preserved in this clause], 
 omission to 70. — (1.) If a municipal election is not held on the appointed 
 
 boll election, . , . , . , . . Tin, 
 
 or election void, 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 that time, or becomes void, the municipal 
 corporation shall not thereby be dissolved or be disabled 
 from electing, but the High Court may, on motion, grant a 
 mandamus 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 
 appointed for the election ; and in all other respects the election 
 shall be conducted as directed by this Act resj)ecting ordinary 
 elections.
 
 TE E M UNICIPA L COB POP A TIO KS A C T. 1SS3. 7 7 
 
 [The effect of sections 25 and 26 of 7 Will. 4 and 1 Vict. c. 78 (1837) par- Supplemental 
 ticularly, and 11 Geo. 1, c. 4 (1723), -which is reproduced to the extent of its an d 
 repeal by this Act, is preserved in this clau- tional Provi- 
 
 sions. 
 71. — (1.) If a parish burgess list is not made or revised in Burgess roil to 
 
 due time, the corresponding part of the burgess roll in opera- until revision 
 
 tion before the lime appointed for the revision shall be the roil. 
 
 parish burgess list until a burgess 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 I Vict. c. 78 (1837), and section 6 of 
 20 & 21 Vict. c. 50 (1857), is preserved in this clause]. 
 
 72. — An election shall not be invalidated by non-compliance Non-compii- 
 
 ftTlOfi wit.li r u Iob 
 
 with the rules in the Third Schedule, or mistake in the use of 
 the forms in the Eighth Schedule, if it appears to the court 
 having cognisance of the question that the election was con- 
 ducted 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 i: 42 A'ict. c. 26 (1878), is preserved in this clause]. 
 
 73. — Every municipal election not called in question within Election valid 
 
 i i*r ii i -i i i- •• unless qu'S- 
 
 twelve months alter the election, either by election petition or tioned within 
 
 ■ n n -i n it t twelvemonths. 
 
 by intormation m the nature ot a quo warranto, 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 (1S43) 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 he 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 was passed to quiet possession ; 
 but the party may still run the risk of penalties, it' he aits while disqualified. 
 — Blackburn, J. Exparle Birkbeck (L. It., Q. B. 9, p. 257)]. 
 
 in 
 to 
 
 74. — (1.) If any person forges or fraudulently defaces or offences 
 
 fraudulently destroys any nomination paper, or delivers to the nomination 
 J j j r i. ' papers 
 
 town clerk any forged nomination paper, knowing it to be 
 forged, he shall be guilty of a misdemeanour, and shall be liable 
 
 * T! ; section (of the Ballot Act) is ns follows: — "No election Bhall be dec! 
 inva of a non-compliance with th din the! rat Schedule to 
 
 this Act, or anj mistake in the use of the forms in the Second Schedule t" this Let, if 
 it appears to the tribunal a< oi the question that thi was 
 
 conducted in accordance with th >wn in thebodj oft , and that 
 
 such non-compliance or mistake did not afiecl the result of the election."
 
 78 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental to imprisonment for any term not exceeding six months, with 
 
 and Excep- • , , .1 i i i 
 
 tioml Provi- or without hard labour. 
 
 sions - (2.) An attempt to commit any such offence shall be punish- 
 
 able as the offence is punishable. 
 
 [The effect of section 3 * of 35 & 36 Vict. c. 33 (1872), and section 1 of 38 
 & 39 Vict. c. 40, is preserved in this clause]. 
 
 onvnresm 75. — (1-) If a mayor or revising assessor neglects or refuses 
 
 relation to lists . • i 1 1 • , i 1 1 / 
 
 and elections, to revise a parish burgess list, 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 hurgess list of a borough need not specify the parish in which 
 the objector's qualifying property is situate ; nor the 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, holden between the 
 1st and 15th of October, the time limited by s. 18, erroneously determined that 
 certain notices of objection here invalid, and refused to inquire into the qualifi- 
 cations of the persons objected to. — Held, that the mayor and assessors had 
 declined jurisdiction ; and the court granted a mandamus commanding them 
 to hold a court to revise the list, although the time limited had elapsed. 
 Reg. v. Mayor of Monmouth (L.R., Q.B. 6, p. 251). A mandamus was directed 
 to the mayor and assessors of a borough within 5 & 6 Will. 4, c. 76, comprising 
 several parishes. It contained suggestions that at the court holden in October, 
 1856, before the mayor and assessors for the revision of the burge3S lists of that; 
 year, the mayor and assessors refused for insufficient reasons to revise the 
 lists. Mandatory part commanding the mayor and assessors to hold a court 
 and revise the list for the parish. The writ was tested in January, 1857. The 
 Court of Queen's Bench having awarded a peremptory mandamus, — Held, on 
 error, that the mandamus was properly directed to the existing mayor and 
 assessor to hold the court and revise the list cf the past year. — Rochester 
 {Mayor, $c.) v. Reg. [in error). (El. Bl. and El., 1024)]. 
 
 * This section (of the Ballot Act) is as follows : — 
 " Every person who — 
 
 (1.) Forges or fraudulently defaces or fraudulently destroys any no r ainat ; on paper, 
 or delivers to the returning officer any nomination paper, knowing the same to be 
 forged ; or 
 (2.) Forges or counterfeits or fraudulently defaces or fraudulently destroys any 
 
 ballot paper or the official mark on any ballot paper ; or 
 (3.) Without due authority supplies any ballot paper to any person; or 
 (4.) Fraudulently puts into any hallot box any paper other than the ballot paper 
 
 which he is authorized by law to put in ; or 
 (5.) Fraudulently takes out of the polling station any ballot paper ; or 
 (6.) Without due authority, destroys, takes, opens, or otherwise interferes with any 
 ballot box or packet of ballot papers then in use for the purposes of the 
 election ; 
 shall be guilty of a mislemeanour, 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 other person, to imprisonment 
 for any term not excee ling six months, with or without bard labour. 
 
 Any attempt to commit any offence specified in this section shall be punishable in ihe 
 manner in which the offence itself is punishable. 
 
 In any indictment or other prosecution for an offence in relation to the nomination 
 papers, ballot boxes, ballot papers, 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 election, as well as the property in the counterfoils."
 
 TEE MUNICIPAL COPPOPATIOXS ACT, 1882. 79 
 
 (2.) If — Supplemental 
 
 (a.) An overseer neglects or refuses to make, sign, or deliver "'"' % X ™P- 
 
 v ' ° . t tonal Provx- 
 
 a parish burgess list, as required by this Act ; or sions. 
 
 (Z».) 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 
 (c.) 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 
 much of this Act as directs that the poll at a contested election e^mtionof 11 
 of councillors shall be conducted as the poll at a contested par- Ballot Act- 
 liamentary election is by the Ballot Act, 1872, 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 he 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 different 
 booths. 
 
 •j. 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 he affixed on each booth a notice specifying the part of the 
 borough for which it is allotted. 
 
 5. 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 bo tk 
 is allotted fox thai part, in which case he may vote at any booth. 
 
 6. II there is more than one booth, the returning officer may appoint 
 a deputy to preside at • Hi. 
 
 7. A lui oa rote by delivering to the returning officer or his deputy 
 a voting paper containing the surnames and other names of the prisons for 
 
 * The Ballot Act, 1872, amended as regards municipal election !>\ municipal K lections 
 Ac?, B75 is continued in force by thi Rxpiiing LawB Continuance Act, 1882. 
 
 t See page 09 and 70 ante, for'btetioiio und rules referring thereto.
 
 80 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Supplemental 
 and Excep- 
 tional Provi- 
 
 »*(.«*. 
 
 whom ho votes, with their abodes and descriptions. The voting paper must 
 be signed by the burgess, and must state the qualifying property in respect 
 of which he votes. 
 
 [The case of Beg. v. Tart (I El. and EL, 618), although decided with 
 reference to the election of a councillor under section 32 of the Act of 1835, has 
 a bearing upon this subsection. It was thereon held that in order to satisfy 
 the section the name of the burgess voting must so appear upon the face of the 
 voting pap r as to show clearly that the name is intended as a signature, and 
 also that the same must be connected with the street, &c, in which the property 
 is situate]. 
 
 8. The returning officer or his deputy shall, if so required by two 
 burgesses, put to any peison offering to vote at the time of his delivering 
 in his voting paper, but not afterwards, the following question : 
 
 ' Are you the person whose name is signed as \_A.B.~\ to the voting paper 
 now delivered in by you ? ' 
 The vote of a person required to answer this question shall not be 
 received until he has answen d it. If any person wilfully makes a false 
 answer thereto he shall be guilty of a misdemeanour. 
 
 9. The returning officer shall, at the close of the poll, examine the voting 
 papers, and shall publish a list of the persons elected not later than two 
 o'clock in the afternoon of 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 office 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 15 of 38 & 39 Vict. c. 40 is preserved in this clause. 
 The Ballot Act, 1872, by implication, imposes a duty prima facie on the presiding 
 officer at a polling station during an election to deliver to the voters voting- 
 papers bearing the official mark appointed under the Act for the election, and 
 to be present during such election at the polling station, so that the voters 
 before d< positing their voting papers in the ballot-box, can show to him the 
 official mark on the hack of such papers in accordance with the statute. For 
 breach of these duties, being merely ministerial, an action will lie by a party 
 aii-rieved, e.g. who has thereby lost the election through votes given to him 
 being void for want of the official 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, <\> pute to such clerk, so much 
 of his duties as he thinks fit, with certain specified exceptions. For the acts 
 of commission or omission of the clerk in the performance of the duties so 
 delegated, the presiding officer will not be responsible, inasmuch as he does 
 not appoint the clerk, and the relation of master and servant does not exist 
 between them. Per Bovill, C.J. and Grove, J. The Act does not impose 
 on the presiding officer the duty of ascertaining before the voter deposits a 
 voting paper in the ballot box, whether the official mark is on such paper. 
 Per Keating and Brett, J J. : The statute does impose such duty on the 
 presiding officer. Pickering v. James (L. E., C. P. 8, p. 489)],
 
 THE MVS1CTPAI C0IiP07{JTT0XS ACT, ISM. 81 
 
 PART IV. 
 Corrupt Practices and Election Petitions. 
 
 Corrupt Practices. 
 
 77.— In this part— pfSes. 
 
 " Bribery," " treating," "undue influence" and " persona- Definitions, 
 iion," 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 bo 
 deemed guilty of "bribery" who shall . . . offer, promise, or promise to 
 procure, to endeavour to procure, any money or valuable consideration to or for 
 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 
 for any loss of time." — Held, that this was an offer or promise within the sections. 
 — Simpson v. Yeend (L. R, Q. B. 4, p. 026.)]. 
 
 " Corrupt practice " means bribery, treating, undue influence, 
 
 or personation 
 
 [Thi3 definition of " corrupt practice " confirms decision in Hargrewes v. 
 Simpson (I,. II., 4 Q. B. D.,p. 403), in which it was held: "By the Corrupt 
 Practices (Municipal Elections) Act, 1872, the provisions of 17 & L8 Vict. c. 102, 
 s. 23, by which giving refreshments to voters at parliamentary elections is made 
 
 illegal under a penalty of forty shillings, arc rendered applicable*!] 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 : 
 
 * The sxta at present in force are: — 
 The n & 18 Vict. c. L02. 
 The 21 & 22 Vict. c. 87. 
 
 The 26 & 27 Vict. c. 29. „, ,„ 
 
 •j he 85 & :sr, Viet. c. :','.i ( Jlullot Act; is confined to sec. 29.— (Councillors, auditors and 
 assessors). 
 
 Q
 
 82 
 
 TEE EXGLISE MUNICIPAL CODE. 
 
 Corrupt 
 
 Practices. 
 
 General 
 penalties 
 for corrupt 
 practices. 
 
 Disqualifi- 
 cations and 
 avoidance if 
 election for 
 corrupt 
 practices by 
 candidates. 
 
 "Canvasser" means any person who solicits or persuades, or 
 attempts to persuade, any person to vote or to abstain from 
 voting at a municipal election, or to vote 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 at 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" means 
 a petition under this Part complaining of an undue municipal 
 election : 
 
 " Parliamentary election petition " means a petition under the 
 Parliamentary Elections Act, 1868* : 
 
 "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]. 
 
 7g — A person guilty of a corrupt practice at a municipal 
 election shall be liable to the like actions, prosecutions, penal- 
 ties, 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 is preserved in this clause. 
 
 It has been held that a person convicted of briber) 7 at a municipal election, 
 and fined 40s. in a county court for that offence under the 22 & 23 Vict. c. 35, 
 s. 11 is not disqualified under that section from serving a municipal office. — 
 IVrcnj, in re (13 W. R, 633.) — Held, by Cockburn, C.J., disabling clause of 17 
 & 18 Vict. c. 102, s. 6, limited to parliamentary elections. This clause assimi- 
 lates municipal and parliamentary penalties. 
 
 Each separate act of 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 stieh act of bribery. Kidderminster case. — Milner v. Bale 
 (L. R., C. P., vol. 10, p. 591). _ . 
 
 ' School Board elections do not come within provisions of this clause. Re 
 West Bromwich School Board (5 C. P. D., 191.] 
 
 •jc) — (1.) Where it is found by the report of an election 
 court that a coirupt practice has been committed by or with the 
 knowledge and consent of a candidate at a municipal election, 
 that candidate shall be deemerl to have been personally guilty 
 of a corrupt practice at the election, and his election, if he has 
 been elected, shall be void ; and he shall (whether elected or 
 
 * The 31 £ 32 Vict. c. 125.
 
 THE MUNICIPAL CORPORATIONS ACT, 1888. *■-<■ 
 
 not) during seven years from the date of the report be subject Corrupt 
 
 to the following disqualifications : 
 
 [The 31 ft 32 Vict. c. 125, ss. 43-45 (1868), 35 & 36 Vict. c. 60, 8. 4 (1872), 
 contains provisions similar to those in the foregoing subsection]. 
 
 He shall be incapable 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 : 
 (r.) Being elected to or sitting 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. c. 125, s. 11. 
 subsec. 14. that he has been so guilty. Inference from facts stated in judge's 
 report not sufficient. — Grant v. Overseers of Paghom (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, 8. 2, whereby persons convicted of treason or felony are 
 incapable of exercising any municipal franchise until they have suffered punish- 
 ment 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 adjudged* to pay a penalty or forfeiture for 
 a corrupt practice at a municipal election, he shall, whether he 
 was a candidate 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 after a person has become disqualified under this Part 
 any witness on whose testimony he has become disqualified is, 
 on his prosecution, convicted of perjury in respect of that 
 testimony, the High Court may, on motion, and on proof that 
 the disqualification was procured by means of that perjury, order 
 that the disqualification shall cease. 
 
 [The effect of section 4 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 80, — If it is found by an election court that a candidate has Disquaim- 
 
 by an agent been guilty of a corrupt practice at a municipal .', v , V.'v'f 
 
 election, or that any offence against this Part has been com- corrupt] 
 
 mitted at a municipal election by a candidate, or by an agent ,,„i 
 
 for a candidate with the candidate's knowledge and consent, the asrainai ",. 
 
 Part, 
 
 • A mw 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 thai as any effect can follow from e naked verdict. In m civil 
 action do pi naltj takes place till judgment be given on the vi rdict. Sutton v. Bishop 
 (J Win. BL 666.)
 
 84 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Corrupt 
 Practices. 
 
 Avoidance of 
 election for 
 general 
 corruption. 
 
 Paid agents 
 and can- 
 vassers. 
 
 candidate shall during the period, for which he was elected to 
 serve, or for which, if elected, he might have served, be disquali- 
 fied for being elected to and for holding any corporate office in 
 the borough, and if he was elected his election shall be void. 
 [The effect of section 5 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 81. — A municipal election shall be wholly avoided by such 
 general corruption, bribery, treating or intimidation at the 
 election as would by the common law of Parliament avoid a 
 parliamentary election. 
 
 [The effect of section 6 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 82. — (1.) A burgess of a borough shall not be retained or 
 employed for payment or reward by or on behalf of a 
 candidate at a municipal election for that borough or any 
 ward thereof as a canvasser for the purposes of the election. 
 
 [These words " or any ward thereof" settles the question whether a burgess 
 on the register for one ward can he a paid canvasser fur a candidate for the 
 office of councillor in another ward. Maude v. Lowley (L.R., 9 (J. P. 165)]. 
 
 (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 pounds. 
 
 [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 be guilty 
 
 of an offence against this Part, and shall be liable on summary 
 
 conviction to a fine not exceeding ten pounds. 
 
 [The effect of section 7 of 35 & 3'1 Vict. c. 60 (18721 is preserved in this clause. 
 By this last subsection (3), If in addition to acting as agent or canvasser, burgess 
 votes for candidate employing him, he is separately liable to additional hue. 
 In parliamentary elections electors may be employed as paid canvassers, but if 
 so employed they cannot vote. See also the 30 & 31 Vict. c. 102. s. 11 (1867), 
 and 3.J & 36 Vict. c. 33. s. 25 (1872)]. 
 
 Payment 83. — Tf a candidate or an agent for a candidate pays or 
 
 lo conveyance I ° « 
 
 of voteis. agrees to pay any money on account of the conveyance of a 
 
 voter to or from the poll, he shall be 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. c. 60 (1872) is preserved in this 
 clause. 'Ihe 21 & 22 Vict. c. 87. s. 1 (1858), 30 & 31 Vict. c. 102, s. 36 (1867), 
 and 43 Vict. c. 18, s. 2 (1870), regulate the conveyance of voters at parliamentary 
 elei tions].
 
 THE UrXK'irJT. COBPOBATIONS ACT, 1 85 
 
 84.~(i.) The costs and expenses of a prosecutor and his Corrupt 
 
 witnesses in the prosecution of any person for bribery, undue 
 
 influence, or personation at a municipal election, with compen- '.'^ 
 
 sation for trouble and loss of time, shall, unless the court other- pri 
 
 wise directs, be allowed, paid, and borne as in cases of felony. 
 
 [Section 113 of the A<-t of 1S35 prescribes the manner in which costi 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, prosecute any person for 
 bribery, undue influence, or personation at the election in 
 respect of which the court acts, or sue or proceed against any 
 person for penalties for bribery, treating, undue influence, or 
 any offence against this Part at the election. 
 
 [The effect of section 9 of 35 & 36 Vict. c. 60 (1 72) is preserved in this clause]. 
 
 85. — The votes of persons in respect of whom any corrupt striking oft 
 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 preserved 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* at a parliamentary election shall 
 apply in the case of a municipal election. 
 
 [The effect of section 1 1 of 35 & 36 Vict, c. 60 (1872) is preserved in this clause]. 
 
 Election Petitions. J**f*» 
 
 Petitions. 
 
 87. — (1.) A municipal election may be questioned by an Powerto 
 election petition on the ground — municipal 
 
 (a.) That the election was as to the borough or ward wholly petition. y 
 
 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 \. Turner 
 M C. I'. 1>. b'70), and also on the ground thai another candidate was ■wrongly 
 rejected. Budge v. Andrews (3 0. P. D., 510)]. 
 
 * See 35 & 36 Vict. c. 33. It has been held under » etion 9 of 22 Vict. c. 85thai al an 
 election of town councillors the offi nee ol " p< rsonation ' is complete when a prison not 
 thevoti i hands in a nomination j api r to the polling officei ; and it is immatt rial that 
 
 he does not persist, bu< "no when questi d whether he ia the voter. a.con- 
 
 nction under the section, that the di f< ndant "induced J. P. to p< rsonate " a rob r is 
 good, wit! outthemeanso inducement.- Regv.Hagut (88 L. J., M. C. 81
 
 86 THE ENGLISH MUNICIPAL CODE. 
 
 EleeHon (//.) That be was not duly elected by a majority of lawful 
 
 Petitions. . 
 
 votes. 
 (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 & 36 Vict. c. 60 (1S72) is preserved in this 
 clause. Sec Rule 7, Additional General Rules, January, 1875. See also Reg. v. 
 Ma, or of Welshpool (35 L. T. N. S. 594). 
 
 of i^tHion?" 88. — (1.) An election petition maybe presented either by 
 
 four 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. Lovering v. Dawson (1 L. R., 10 C. P., 711). 
 
 The definition of a respondent is omitted in section 7 ante. See 35 & 36 Vict. 
 c. 60, s 13 for definition, which includes a person who claims to he elected, and 
 acts as if he had been. Yates v. Leach (L. R., 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 section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 c ause]. 
 
 [An order having heen made by a judge at chambers under the 6th of the General 
 Rules made under the Corrupt Practices (Municipal Elections) Act, 1872 for 
 
 * As to the form and delivery of particulars, refer to Maude v. Loivley (No. 1), 43 
 L. J. Rep. (N. S.) C. P., 103. 
 
 * See General Rules 2 — 6, 1S72, Appendix, 
 f See 1, 7-9 R. 4, and General Rules, 1875.
 
 THE MUNICIPAL COBPORATIOm ACT, 1888. 87 
 
 the delivery of particulars by the petiti nersto the respondent, stating by whom, Election 
 when, and where p* rsons alleged to have been bribed and treated had been so 
 bribed and treated, and by whom, when, and where canvassers had bi 
 employed and moneys paid for the conveyance of voters to the poll, the order 
 was allowed by the court, with the addition of the words, "so far as known." 
 A petition against the eleetion 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 petition as 
 originally fran ed complained of the employment, contrary to the proldbition in 
 s. 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." Held that the court (or a judge) had no power to 
 allow the proposed amendment. Leeds Borough, Maude petitioner, Lowley 
 respondent (L. R., C. P., v. 9, p. 165). 
 
 The High Court will not amend an ele tion petition by striking out, after tin- 
 lapse ot time limited by the Act for presenting it, that part of the prayer of the 
 
 committees in this respect followed. Semite, it is competent for the High Court 
 to amend an election petition at anytime by striking out allegations therein, 
 where it is satisfied that no injurious result, or a beneficial one, will follow ; or 
 by adding matters discovered after the riling 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 in 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 sch., 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 parliamentary election, one surety for whole amount held to bo sufficient. 
 —Hereford Election Petition, T.S. 1880]. 
 
 (3.) Within five days after the presentation of the petition 
 the petitioner shall in the prescribed manner J 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. 
 
 • Bee General Bui 9, 16, 17. | Sec General Rules, ls-20. 
 
 \ Sec General Rules, 12, 18,
 
 88 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election 
 Fetitions. 
 
 Petition at 
 i.-sue. 
 
 Municipal 
 election list. 
 
 [It is a condition precedent to the trial of a municipal election petition, that 
 within five days after the presentation of it, the petitioner should, in the pre- 
 scribed manner, serve on the respondent a notice of the presentation and. of th<) 
 nature of the proposed security, and a copy of the petition as required by 35 & 
 36 Vict. c. GO, s. 13, sub-8.4. — Willicmsy. Mayor of Tenby (L.R., C.P.D., vol. 5, 
 p. 135). If not served, the petition will be taken off the file]. 
 
 (4 ) Within five days * after service of the notice the 
 respondent may object in writing to any recognisance on the 
 ground 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 ia 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. \ 
 
 (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 
 shall be had on the petition. § 
 [The effect of section 13 of 35 & 36 Vict. c. 60 (1872) is preserved in this clause]. 
 
 90. — On the 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 objections, &c, see Maude v. Loivley (No. 2)]. 
 
 91. — (1.) The prescribed officer shall as soon as may be, make 
 a list, in this Act referred to as the municipal election list, of 
 all election petitions at issue, 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 conveniently may be, be 
 tried in the order in which they stand in the list. 
 
 * See General Rules, 21, 22. 
 
 t See General Rules, 2. 
 
 + See General Rules, 23, 24. 
 
 § See General Rules, 26. 
 II See General Rules, 30.
 
 THE 21 V XI CI PA L COL 1 TO JR A TI02T& dC T, 1882. 89 
 
 (3.) Two or more candidates may be made respondents to Eketi 
 
 the same petition, and their cases may be tried at the same time, Pl ' liUo " s - 
 
 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 heen elected. — Levering v. Dawson (I L.R., 10 
 C.P., 711) ; or when they claim to have been elected. — Tales 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 barrister 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 under 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 Pier 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 
 forthwith determine the number of barristers, not exceeding five 
 at any one time, necessary to be appointed for the trial of the 
 election petitions at issue, and shall appoint that number accord- 
 ingly as commissioners under this Part, and shall assign the 
 petitions to be tried by each. 
 
 (5.) If a commissioner to whom the trial of a petition is 
 assigned, 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.
 
 90 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election 
 Petitions. 
 
 Trial of 
 
 election 
 petition. 
 
 (6.) The election court shall for the 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- 
 mittal 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 effect 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 
 prescribed 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 
 for 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 trial 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 court declared an election void where the candidates had heen misled as 
 to the proper time for delivering nomination papers hy the town clerk having 
 made a mistake in the notice issued under 38 & 39 Vict. c. 40, sec. 1, sub- 
 section 1. 
 
 The fact of the court heing empowered to make their report does not wammt 
 " that, without any act or consent on his part, and against his will, a man can 
 he made a respondent, so that the petitioner may gain rights against him. The 
 term respondent includes any one or more persons against whose election a 
 petition is presented," per Coleridge, C.J. (Loveringv. Dawson, L. R., C. P., 10 
 p. 718.)] 
 
 (5.) Where a charge is made in a petition of any corrupt 
 practice or offence 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 : 
 
 * As to powers of election judge, see 31 & 32 Vict. c. 125, s. 29. 
 f See General Rules, 35, 36.
 
 THE MUNICIPAI CORPORATION* ACT, U 91 
 
 (a.) Whether any corrupt practice or offence against this Tart Election 
 has or has not been proved to have been committed by or l>du "" !l - 
 with the knowledge and consent of any candidate at the 
 election, and the nature of the corrupt practice or offence ; 
 (b.) 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 court 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.* 
 
 (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 election court other- 
 wise directs, any charge of a corrupt practice or offence against 
 this Part may be gone into, and evidence in relation 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 office 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 prcsentod a petition 
 against the election of that person. t 
 
 * Bee General Rules, 37. | I Sre (i.-in-nil liuli-s, S.
 
 92 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election 
 Petitions. 
 
 (11.) The trial of a petition shall be proceeded with notwith- 
 standing that the respondent has ceased to hold the office his 
 election to which 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 esse 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. 
 
 (13.) 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. 
 
 [Tlie effect of section 15 of 35 & 36 Vict. c. 60 (1872) is 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 election 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.* 
 
 (3.) 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 witness on an election petition shall not be excused 
 from answering any question relating to a corrupt practice or 
 offence against this Part committed at or connected with the 
 election on the ground that the answer thereto may criminate 
 or tend to eliminate him ; but if he answers it he shall be 
 entitled to receive from the court a certificate stating that he 
 was on his examination required by the court to answer 
 
 * See General Rules, 41.
 
 THE UVNICIPA1 CORPORATIONS ./-/, iss..-. »a 
 
 questions the answers whereto criminated or tended to criminate El ■ o . 
 him, and that he answered all such questions. Petitions. 
 
 (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 Beg. v. Price (L. R., 6 Q B., 41 1), 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 he final and conclusive, hut might he reviewed by mandamus. This case 
 dissented from in Meg. v. Hall and others, in Court of Appeal (7 Q. B. D., 
 p. 575). Held, where the commissioners appointed to inquire into corrupt 
 practices at a parliamentary election have, with reference to a witness heforo 
 them on such inquiry, exercised their judgment as to the right of Bach 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 b} r 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 1 of 26 & 27 Vict. c. 29 (1863), and section 16 of 
 35 & 36 Vict. c. 60 (1872), is preserved in this clause]. 
 
 * See IJulc ">, Additional General Utiles, Jan. 1S7">. 
 
 f 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 ka\ of the 
 session holden in the fifteenth and sixteenth years of the reign of her present Maji sty, 
 chapter fifty-seven, shall be excused from answering any question relating to any 
 corrupt practice at, or connected with any election forming the snbject of inquirj by 
 such committee or commissioners, on the ground that the answer the n to may criminate 
 or tend to criminate himself : Provided always, thai where any witness shall answer 
 every question relating to the matters aforesaid which he sliall be required by snefa 
 
 committee or commissioners (as the case ms j I" I to an v. . r, and the answer to whieli 
 
 may criminate, or tend to criminate him, he ball be entitled to receive from the 
 
 committee under the hand of their el. il., or iii iii the c nisuoners nnd< r their hand 
 
 (as the case may be), a certificate stating that such witness was, upon his examinati n.
 
 94 
 
 THE EXOLISE MUNICIPAL CODE. 
 
 Election 
 Petitions. 
 
 Withdrawal 
 
 it 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.* 
 
 (2.) The application shall not be made until the prescribed 
 notice of the intention to make it has been given in the 
 borough. f 
 
 (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 lit, substitute him accordingly. J 
 
 (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 
 incurred by the substituted petitioner, and that to the extent of 
 the sum 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 petitioner. 
 
 (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 
 
 required by the said committee or commissioners to answer questions or a question 
 relating to the matters aforesaid, the answers or answer to which criminated or tended 
 to criminate him, and had answered all such questions or such question ; and if any 
 information, indictment, or action be at any time thereafter pending in any court 
 against such witness for any offence under the Corrupt Practices Prevention Acts, or 
 for which he might be prosecuted or proceeded against under such Acts, committed by 
 him previously to the time of his giving his evidence and at or in relation to the 
 election concerning or in relation to which the witness may have been so examined, the 
 court shall, on production and proof of such certificate, stay the proceedings in such 
 last-mentioned information, indictment, or action, and may, at his discretion, award to 
 such witness such costs as he may have been put to in such 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 evideaice in any proceeding, civil or 
 criminal." 
 
 * See General Rules, 45, 46. 
 
 | See General Rules, 47. 
 
 I See General Rules, 48
 
 THE MUNICIPAL CORPORATIONS ACT, 1889. 95 
 
 to withdraw a petition shall not be made except with the consent Election 
 
 P n .1 -■■• Petitions. 
 
 of all the petitioners. 
 
 [The effect of section 17 of 35 & 3G 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 so 
 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 the trial of an election petition a Withdrawal 
 respondent other than a returning officer — tnuon of 
 
 (a.) Dies, resigns, or otherwise ceases to hold the office to 
 which the petition relates ; t or 
 
 [If any of these events take place after notice of trial has been given, but 
 '.■lure the trial has commenced, the Muster 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 ; t 
 
 [It has been held that this does not entitle him to have his name struck out 
 of the petition, Yates v. Leach (L. R., 9 C. 1'., 605). As to the effect if all the 
 respondents 'give this notice, see Rule 7, Additional General Rales, January, 
 1875]. 
 
 the prescribed notice thereof shall bo 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 pet t ion, and shall be 
 
 •Seei Rules, 50. j Bee General Rules, 52, 68. 
 
 \ 8ee General lluli ,61. § See General Rules, 64.
 
 96 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election 
 Petitions. 
 
 Costs oil 
 
 election 
 
 petitions. 
 
 admitted accordingly, except that the number of persons so 
 
 admitted shall not exceed three. 
 
 (2.) A respondent who has given the prescribed notice that 
 
 he does not intend to oppose the petition shall not be allowed to 
 
 appear or act as a party against the petition in any proceedings 
 
 thereon. 
 
 [The effect of section 18 of 35 & 36 Vict. c. 60 (1872) is preserved by this 
 clause]. 
 
 98. — (1.) All costs,* charges, and expenses of and incidental 
 to the presentation of an election petition, and the proceedings 
 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 respondent, and any needless 
 expense incurred or caused on the part of petitioner or 
 respondent, may be ordered to be defrayed by the parties by 
 whom it has been incurred or caused, whether they are or not 
 on the whole successful. 
 
 [To obtain the costs ordered by a commissioner to be paid under this Act, 
 and to take proceedings under Rule 55, the order of the commissioner should 
 first be made a rule of court. The entry of the order by the registrar is suffi- 
 cient, and such order need not be endorsed on the petition by the commissioner. 
 Pare v. Hartshorn (31 L. T., N. S., 486, S. C). Determination of election court 
 as to payments must be in writiug and form part of the record, otherwise invalid. 
 Election court for the trial of petitions under Municipal Elections Act, 1872, 
 35 & 36 Vict. c. 60, s. 22, a court of record. Where barrister appointed to try 
 petition omitted to order the payment by the respondeat of moneys advanced 
 by commissioners under s. 22, limiting his order to expenses incurred by town clerk 
 in receiving court under s. 20, held that the Queen's Bench Division could not 
 amend the barrister's order so as to make it include the payment of such 
 remuneration and allowances. Reg. v. Corporation of Maidenhead (2 L. R., 
 Q,. B. Div., vol. 8, p. 339.) Held also, notwithstanding such omission, that the 
 act of the commissioners in certifying was a ministerial and not a judicial act, 
 and that they had the power and were bound to make a second certificate, 
 and were entitled to a peremptory mandamus compelling the treasurer to repay 
 to them the amount of such remuneration and allowances out of the borough 
 fund or rate, and compelling the corporation to order such amount to te levied 
 by a borough rate]. 
 
 (2.) The costs may be taxed in the prescribed manner, but 
 according to the same principles as costs between solicitor and 
 
 * As to costs, see havering v Dawson (44 L. J. R., N. S., C. P. 321). The full 
 court cannot review the decision of the commissioner. Th3 costs of and incidental to 
 a petition under the Corrupt Practices (Municipal Elections i Act, 1872, are in the sole 
 and absolute discretion of the commissioner who tries the petition ; and his decision 
 cannot be reviewed by the s perior court, how flagrantly wrong soever it may bj. 
 Maidenhead Election Petition (2 Q. B. D. 8, 8„9).
 
 THE MUNICIPAL CORPORATIONS ACT, 1SSJ. 97 
 
 client in an action in the High Court, and may be recovered as Election 
 the costs of such an action, or as otherwise prescribed.* 
 
 [The court will not interfere with the discretion of the Master as to the 
 amount allowed for counsel's fees and refreshers, unless it he manifest that he 
 has failed to exercise it in a reasonable manner. Hargreaves v. *cott (L. It., 
 C. P. 1). 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 him 
 for his costs, charges, and expenses, and the neglect or refusal 
 is, within one year after the demand, proved to the satisfaction 
 of the High 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. GO (1872 is preserved in this 
 clause]. 
 
 of 
 
 ire 
 
 99. — (1.) The town clerk shall provide proper accommoda- .^'^"^f 
 tion for holding the election court ; and any expenses incurred on^the election 
 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 an} 7 gaoler or officer of a prison makes default in receiv- 
 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 continues. 
 
 (3.) The election court may employ officers and clerks as 
 prescribed. 
 
 (4.) A shorthand writer shall attend at the trial of an 
 (.lection 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 him shall, if the 
 election court so directs, accompany the certificate of the 
 ction court. His expenses, according to a prescribed scale, 
 
 ■
 
 98 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election shall be treated as part of the expenses incurred in receiving 
 
 Petitions. the e(mrt * 
 
 [The effect of section 20 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 
 clause]. 
 
 Rules of pro- 
 cedure and 
 jurisdiction. 
 
 100. — (1.) The judges for the time being on the rota for 
 the trial of parliamentary election petitions, may from time to 
 time make, revoke, and alter General Rules for the effectual 
 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 — Novemher 20, 1872; Additional General 
 Rules, December 10, 1872, January, 27, 1875. See Appendix]. 
 
 (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 parliamentary election petitions, 
 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 room of any other person declared to have been 
 not duly elected, shall be observed, as far as may be, in the 
 case of a municipal election petition. 
 
 (4.) The High Court shall, subject to this Actf have the 
 same powers, jurisdiction ond authority with respect to a 
 municipal election petition and the proceedings thereon as if 
 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 petition." Yates. 
 v. Leach (L. R., 9 C. P., 605-608)]. 
 
 (5.) The duties to be performed by the prescribed officer 
 under this Part shall be performed by the prescribed officer of 
 the High 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 Rules, December, 1872. 
 
 ■f- As to how the words, " subject to tliis Act," limit powers of court, see Maude v. 
 Loidey (L. R., 9 C. P., 165), cited hovering v. Dawson (2 L. R., C. P., 726).
 
 THE MTJNICIPAL CORPORATIONS A CT, 1882. 99 
 
 seded by rules made under this section, and subject to any Election 
 amendment thereof by rules so made, have effect, 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 
 clause]. 
 
 101. — (1.) The remuneration and allowances to be paid to a Expenses of 
 
 . . . L election court. 
 
 commissioner lor his services in respect ot 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 
 varied 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, shall 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 in the manner 
 following (namely) : 
 
 («.) When in the opinion of the election court a petition is 
 frivolous and vexatious, by the petitioner ; 
 
 (b.) When in the opinion of the election court a respondent haa 
 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 thia 
 clause]. 
 
 102. — Where a candidate who has been elected to a corporate Acts dona 
 
 1 pending n 
 
 office is, by a certificate of an election court or a decision of'"' 1 "","" 
 < » J Invalidate* 
 
 the High Court, declared not to have been duly elected, acts 
 done by him in execution of the office, before the time when 
 
 • See Additional t ii-m-i ;il Utiles, Ilecemlier, 1*72, 1 0.
 
 100 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Election 
 Petition!). 
 
 Provisions as 
 to elections 
 in the room 
 of persons 
 unseated on 
 petition. 
 
 Prohibition 
 of disclosure 
 oi'vote. 
 
 the certificate or decision is certified to the town clerk, shall 
 not be invalidated by reason of that declaration. 
 
 [The effect of section 23 of 35 & 36 Vict. c. 60 (1872) is preserved in this 
 clause]. 
 
 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. 60 (1872) is preserved in this 
 clause]. 
 
 104. — A person who has voted at a municipal election by 
 ballot shall not in any proceeding to question the election be 
 required to state for whom he has voted. 
 
 [The effect of section 26 of 35 & 36 Viet. a. 60 (1872) is preserved in this 
 clause].
 
 TEE MUNICIPAL CORPORATIONS ACT, U 101 
 
 PART V. 
 Corporate Property and Liabilities. 
 
 Corporate Land. Corporatt 
 
 LiUtd. 
 
 105. — A municipal corporation may contract for the purchase Power to 
 of and hold any land* not exceeding in the whole five acres, for town hail, 
 either in or out of the borough, and thereon, or on any land 
 belonging to or held in trust for the corporation, ma}' 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-hnuse, with or without judges' lodg- 
 ings, or a polling station, or any other building necessary or 
 proper for any purpose of the borough. 
 
 [The effect of section 40of 7 Will. 4 and 1 Vict. c. 78 (1837) is preserved in this 
 clause. The authority to huild a gaol and house of correction is not repeated, 
 the necessity or power to provide them being removed by the Prisons Act, 
 40 & 41 Vict. c. 21]. 
 
 106. — The council may, with the approval of the Treasury, Power to 
 
 ■" t l r J ' borrow with 
 
 borrow f at interest on the security of any corporate land, or of approval of 
 
 J j i. Treasury. 
 
 any land proposed to be purchased by the council under this 
 Act, or 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 (1860) is preserved by this clause. 
 ft was helil in the case of the Attorney-General v. Corporation of Birmingham 
 (L. R., 3 Eq. 502), that a corporation is lawfully empowered t<> raise purchase 
 money for land out of the borough fund ]. 
 
 107. — (1.) Where a municipal corporation has not power to Power to 
 
 • liiiiii- • acquire laud 
 
 purchase or acquire land, or to hold land m mortmain, the with the 
 
 appro\ ni "i 
 
 l In 'I I ■!•: 
 
 Land cannot, ho\ evi r, be purcha led except for the object distinctly specified. By 
 the Si incorporation are prohibited from purchasing Innde in fee 
 I See the Aj Cable of Borrowing Powoi ttp«
 
 102 
 
 TEE EXGLISE MUNICIPAL CODE. 
 
 [Here may be appropriately introduced a table which shows at a glance the general 
 borrowing powers of municipal corporations : — 
 
 The General Borrowing Powers of Municipal Corporations. 
 
 a 
 
 -— ^ 
 
 
 io 
 
 a 
 
 
 
 o 
 
 — 
 
 c 
 Q 
 
 
 c 
 Si 
 
 > 
 
 ti* 
 
 Fh O 
 
 OS 
 
 Hi 
 
 "- 1 J 
 o 
 
 "P.S 
 
 Co 
 S— . CD 
 
 is s 
 
 a B 
 
 o 
 
 C5 
 
 CO tO 
 
 era era 
 
 CM CM 
 
 O 'B 
 
 ^ a 
 
 ,-1 OS 
 
 ci" *• 
 
 S °° 
 
 o o 
 
 cd ai 
 
 coco 
 
 co 
 
 co o 
 
 ,-H CM 
 
 i-H 
 •- --CM 
 
 © t- 6 
 
 X 
 OS 
 
 - m oi 
 
 g.So.2 
 
 CO ?* 
 
 -Sera 
 
 ih era 
 
 « ! 
 
 i-t 
 
 CO 
 
 © 
 
 1 era co 
 
 • era . 
 
 1 cm m 
 
 I CO . 
 
 ■ - CD 
 
 ■ «s . 
 > in -w 
 
 ess I 
 
 < 
 
 00 
 
 -CM 
 
 ■* 
 
 -OOoo^ 5 ? 
 
 o "^ cm as era 
 
 1-1 T3 !>• CM CM 
 
 _r d cm • « 
 eji 3 * co co 
 
 . " m" m » 
 
 co _. t- in 
 
 ^ CO 
 
 7, s. 42 
 2 
 
 c. 76, s. 9 
 ict. c. 16 
 5, s. 243 
 
 era «« 
 
 h era cm 
 
 ^ •- oj 
 lera era „- 
 
 «" c- ^-f> >n 
 
 ty rcoco , *"» 
 
 -* to 23 as 
 
 et. c. 19 
 Vict, c 
 c. 17, s 
 
 6 Will. 
 
 23&21 
 Vict. c. 
 
 05 cj3 od 
 
 "-S'd-si 
 
 Vict. c. 
 
 ct. c, 76 
 
 c, 55, s. 
 
 Vict, c 
 
 «o to *&■ a go 
 
 &6V 
 
 &12 
 
 29 Vi 
 
 7&38 
 
 8&39 
 
 1 vH . en 
 
 o t> ■*= era 
 
 J ao 
 
 m era era 
 
 os era 
 
 CM 
 
 era 
 
 (M 
 
 J "B 
 >>o3 
 
 T. C 
 
 P< H 
 
 Si CO 
 
 CD 
 
 CD 
 
 *° b 
 
 -3 as 
 
 > a 
 
 <=B 
 
 CO « 
 
 - CD 
 ,B 
 
 -a a 
 
 CD CO 
 
 -B a» 
 
 2 a 
 
 r»3 
 
 03 
 
 o 
 
 M 
 cd 
 
 ,B 
 ^> 
 
 (>> 
 
 C8 
 V 
 
 o 
 
 era 
 
 03 E 
 CD O 
 
 Q O S 
 
 CO 
 
 ID 
 
 
 "SI 
 
 '.2 * 
 
 ■SI 
 
 co o 
 
 co s° S "8 « 
 
 CD CD 
 
 o 
 
 CJ C3 
 ^ .4,, w CO CU 
 
 '—> => f~; 
 era rM H 
 
 O 
 co 
 
 
 
 to 
 
 
 *J 
 
 t. •-. 
 
 g 
 
 u 
 
 C3 
 
 Si OS 
 
 03 
 
 03 
 
 CD 
 
 CD CD 
 
 CU 
 
 e 
 
 P-> 
 
 Pit-. 
 
 (»* 
 
 ^ 
 
 O 
 
 o o 
 
 © 
 
 © 
 
 era 
 
 era co 
 
 co 
 
 co 
 
 CD t*v 
 
 -a s 
 
 d 0Q 
 . 03 
 CO CD 
 
 «H 
 
 CD 
 
 era 
 
 OS 
 
 H 
 
 CD 
 
 B 
 O 
 
 !3 
 
 a 
 
 CD 
 | 
 
 B 
 
 CD 
 
 >• 
 
 ^h 03 
 o3 O 
 
 §m 
 hi 
 
 CD 
 
 03 
 Si 
 
 H 
 o 
 
 03 
 
 O 
 
 pq 
 
 
 B • • 
 
 CD 
 
 a 
 
 B 
 
 H . . 
 
 St 
 
 "3 o 2 
 
 o 1 
 
 H o 
 !5 
 
 
 o 
 c? 
 
 a 
 
 CO 
 
 a 
 
 S3 
 
 o 
 
 ^- CD 
 
 2 co 
 
 o 
 
 B. 
 
 s 
 
 3 
 
 =a 
 
 CD 
 
 a 
 
 CU 
 
 O 
 
 CO CD 
 
 s h — - 
 
 os'S^ 
 cd cr" cd 
 
 CO CD r^ 
 
 o CO 
 'Eb CD t3 
 
 *= 53 CD 
 
 a s 
 
 Si co "3 
 
 CD -+^ -) 
 
 3 B 
 to 03 & 
 CD B 3 
 
 2 a cp 
 
 o 
 o 
 
 B 
 
 CD 
 
 cc 
 
 IS 
 
 B 
 S3 
 
 CD 
 
 rB 
 
 .S ^ •« 
 
 OJ Si 
 CD ^J 
 Si ^ 
 
 B 
 o3 
 
 B 
 O 
 -o 
 
 Si 
 S3 
 
 ffi 
 
 . MH 
 
 t CJ 1 
 «*1 CD 
 
 O B 
 cd a> 
 
 . 03 to 
 
 Si CD 
 
 „. O [fl 
 
 a M a. 
 Bum 
 -Bob 
 
 t~.-i-i o. 
 < ffl 3 
 
 H-B.S* 
 B 3 3 
 
 o3 03 .-i 
 
 dKS 
 
 - TJ B 
 
 i-i rt ^i 
 
 CD 
 
 B 
 
 cd >n 
 CD t- 
 s-i co * 
 a 7 ~ l B 
 CO „T P 
 
 -a ^ 
 
 3 CD 
 
 ■a _ 
 
 — c- - 
 
 03 -M * 
 
 COS B 
 
 Ph Ph 
 
 • *B " 
 
 • CD • 
 
 co .2 
 "^! Si ^. 
 
 So2 
 
 O -j -(— 
 
 -3 IN • 
 
 rS B t- 
 
 M2 03» m 
 
 •r 1 A -** 3 
 
 B-BK^ 
 S S o B 
 x 60^) 08 
 
 1 "3 ,o to 
 
 ' --B 
 
 ^■73 
 
 •B » 
 
 -^ > 
 
 03 Si -n. 
 
 CD r>. 
 
 ■^ B CD 
 
 .*r co 
 
 B S 
 
 ■S3- 
 
 " 0ilj -s 
 
 :« 
 
 o 
 
 CD 03^ B 
 
 Ph 
 
 ^S 03- 
 
 fl ^ s 
 
 CV C'l 
 
 a. 2 3 
 
 a a 
 
 .B , O 
 
 si a co 
 
 C 03 6C 
 
 *" a 
 
 a ? s 
 
 CD ^ ? 
 CD 
 
 co 
 
 CD 
 
 ft 
 
 a 
 
 CD 
 
 a 
 
 .a 
 
 Si 
 
 o
 
 THE MUNICIPAL COETOliATIOXS ACT, 188S. 103 
 
 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 accordingly. 
 
 (2.) The provisions of the Lands Clauses Consolidation Acts, 
 1845,* 1860,f and 1860,1 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 Best™ si 
 of Parliament, sell, mortgage, or alienate any corporate land of corporate 
 
 • i t i n i m h "" 1 U|; 
 
 without the approval ot the Ireasurv. approval of 
 
 m Treasury. 
 
 (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 term 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. 
 
 + The 23 & 24 Vict. c. 106. 
 
 i The 32 & 33 Vict. c. Is. 
 
 § Tin consent of tl •■ Lords Commissioners oi tfc Tres ! ' ; to the ili cation of tho 
 property of a corporation required bj 94th a cl on "i the Municipal Corporations Act 
 is sufficiently signified by a lett< r jigued b) their a oretary. Such consent can aul borize 
 no alienation or charge ol the corporate property further than ia siin-iii.it in the 
 memorial on which it is founded— Arnold v. Mayor and Corporation of Qravesend 
 (25 L. J., Ivj. 776]
 
 104 
 
 THE ENGLISH MUNICIPAL 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 either 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 Treasurv, 
 
 dispose of land i -i • i i o i 
 
 with approval dispose of anv corporate land either by way of absolute sale, or 
 
 of Treasury. L J i J J > 
 
 by way of 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]. 
 
 Council may 
 Knew leases, 
 &c. 
 
 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 years determinable after the lapse 
 of any number of years, at a fine certain, or under any 
 special or specific terms or conditions ; 
 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 
 
 ( 
 
 !).) 
 
 * This section is as follows : — " Nothing in this or the special Act contained (any 
 subsequent Act authorizing the leasing of lands) shall enable any municipal corporation 
 to sell for the purposes of the special Act, without the approbation of the Commissioners 
 of Her Majesty's Treasury of ihe United Kingdom of Great Britain and Ireland, or any 
 three of them, any lands which they could not have sold without such approbation 
 before the 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 MTXICIPAL CORPORATE' XS ACT, U 105 
 
 period, or after the lapse of any number of years, or on Corporal: 
 
 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. 
 
 o 
 
 [The effect of section 95 of the Act of 1835 is preserve! 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 varied 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 Beav. 625) is one in point]. 
 
 Working 
 Working Men's Dwellings. SSi** 
 
 111. — (1.) If a municipal corporation determines to convert working meua 
 any corporate land into sites for working men's dwellings, and dweUm s s 
 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 (arrying into execution or otherwise in pursuance of 
 this section, shall be paid out of the borough fund and borough
 
 106 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Working 
 Men's 
 
 Dwellings. 
 
 rate, or by money borrowed by the corporation under this 
 Part* 
 
 (6.) In this section the term working men's dwellings means 
 buildings 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 building from being 
 deemed a dwelling. 
 
 [The effect of c. 59 of 37 & 38 Vict. (Working Men's Dwellings Act, 1874) is 
 preserved in this clause]. 
 
 Repayment of 
 Loans. 
 
 Power for 
 Treasury to 
 impose con- 
 ditions as to 
 repayment 
 of money 
 borrowed. 
 
 Provisions as 
 to sinking 
 fund. 
 
 Repayment of Loans. 
 
 112. — (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,f or the borough 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 
 thi6 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 sums, at 
 such times, and in such Government annuities as the Treasurv 
 direct, and shall also from time to time invest in like manner 
 all dividends of those annuities. 
 
 * See page 102 ante as to A.ets under which all borrowing powers are authorized. 
 | See section 10H (page 101 ante).
 
 THE MUNICIPAL CORPORATIONS ACT, 188i. 107 
 
 (2.) The annuities shall, in the books of the Bank of Repayment of 
 England, be placed to the account of the corporation, and l 
 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, without 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 writing 
 of the Treasury, shall be sufficient authority to the bank for 
 permitting any such transfer. 
 
 [The effect of section 2 of 23 & 24 Vict. c. 16 (I860) is preserved in this clause]. 
 
 Purchase or Compensation Money. Purchase or 
 
 Compensation 
 
 114, — (!•) Where purchase money or compensation has been M° ne 'J- 
 paid to the Bank of England under an Act of Parliament in Provi8 . ion for 
 
 r o replacing 
 
 respect of land or any interest therein purchased or taken from purchase or 
 
 T " J r compensation 
 
 a municipal corporation, or in respect of permanent damage to ^reLurer 
 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, require 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 arisen 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
 
 108 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Purchase or 
 
 Compensation 
 
 Money. 
 
 Investment 
 of proceeds 
 of sale or 
 exchange 
 authorized by 
 Treasury. 
 
 money, or of the price or compensation from which the money 
 is derived, is contained in any local Act of Parliament* relating 
 thereto, and the money is to be paid to the corporation to be 
 applied in conformity with that provision. 
 
 [The effect of section 3 of 23 & 24 Vict. c. 16 (1860) is preserved in this clause]. 
 
 115. — (1-) Where the Treasury approve of the sale or 
 exchange of any corporate land or of any interest therein, 
 their approval may be subject to such conditions as they think 
 fit in relation to the investment for the benefit of the corpora- 
 tion of the 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 Treasury 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 in 
 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 
 
 borough. 
 
 116, — The Treasury 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 the 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 for meeting the same is to be derived under a special 
 Act of Parliament.
 
 THE MUXICIPAL COIiTORATIOXS ACT, 1SS2. 109 
 
 Treasury in their discretion think fit to dispense with the r-.n-chase or 
 
 .. . Compensation 
 
 condition. Money. 
 
 [The effect of section 5 of 23 & 24 Vict. c. 16 (1860) is preserved in this clause]. 
 
 ITisapp VOp riatiOU . Misappro- 
 
 priation. 
 
 117 — If any person authorized to receive money to arise from Penalty for 
 
 the sale of any annuities or securities purchased or transferred pnationof 
 
 under the foregoing provisions of this Part, or under any Act 
 
 repealed by this Act, or any dividends thereon, or any other 
 
 such money as aforesaid, appropriates the same otherwise than 
 
 as directed by this Act, or by the Treasury in pursuance thereof, 
 
 he shall be guilty of a 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. 
 
 [The effect of section 7 of 23 & 24 Vict. c. 16 (] 860), and section 3 of 39 & 40 
 Vict. c. 20f (1S76j is preserved in this clause]. 
 
 Corporate Stock.X Corporate 
 
 Stock. 
 
 118. — (1.) Any stocks, funds, or public securities (in this Transfer of 
 section referred to as stock) standing in the books of the Bank dealings with 
 
 ' <~> _ corporate 
 
 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 trusTtor"" charitable 
 purposes, may be transferred by and paid to such persons as the 
 council appoint by an instrument under the corporate seal, 
 signed and scaled also by the clerk to the trustees of the 
 municipal charities, who shall on request bign and seal it. 
 
 (2.) Any stock and money so standing belonging to the 
 trustees of the municipal charities solely on charitable trusts 
 
 * The 24 & 25 Vict. c. 96, b. 7.'> — " being convicted thereof shall be liable at thedi - 
 tion of the Court to he kept in penal servitude for any term not exceeding seven years, 
 and nol L< ,,. a thri ears — or to he imprisoned for any term not exceeding (wo 
 years, with or without hard labour, and with or without solitary confinement." 
 
 f The Statute Law Revision (Substituted Enactments) Act. The section named is 
 alone repealed bj this Ac! bj reason of its reproduction in this chaise. 
 
 j Several of the larger municipal corporations, notabl] Liver] 1. Birmingham, 
 
 Manchester, Leeds, Nottingham, Blackburn, Stockton, S ind Reading 
 
 have now consolidated their debts bj tin issue of an uniform rate of int. > 
 
 Seeten 53 and 55 of 13 4 li Vict. c. 20 (1880) contain regulations for the payment of 
 a compo ition for slam], dutii i on corporation slock.
 
 110 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 Corporate 
 Stock. 
 
 may be transferred by and paid to persons appointed under the 
 bands and seals of the greater part of the trustees, the appoint- 
 ment being attested under the hand and seal of their clerk, and 
 being also sealed 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 appointment being 
 attested under the hand and seal of their clerk. 
 
 (4.) In every 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 any 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 1 Vict. c. 78 (1837^ 
 is preserved in this clause]. 
 
 Borough 
 Bridges. 
 
 Maintenance 
 of borough 
 bridges. 
 
 Borough Bridges. 
 
 119. —(1.) Every bridge which is either wholly or in part in 
 a borough and which the 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,
 
 THE MUNICIPAL CORPORATIONS ACT, t88&. HI 
 
 or as to such part only us is in the borough, be maintained, Borough 
 altered, widened, repaired, improved, or rebuilt under the sole Brid 3 es - 
 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 
 shall 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 oat 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 Viet, c. 64 is preserved in this clause, but the require- 
 ment contained in that Act, that the sum to be borrowed must exceed £150 is 
 taken away, the machinery of borrowing is adapted to the modern practice, 
 and the form of mortgage (see Form P, Part IV. of the Eighth Schedule) is 
 simplified]. 
 
 Loans for Municipal Building*. Loans for 
 
 Municipal 
 
 120.— The council of a borough ma> borrow* money from the 5JJSJ* 
 Public Works Loan Commissioners for the purpose of building, bSTab^ 
 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 
 Bets out the procedure. It is aa 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, 
 rebuilding, 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 paj int; 
 the principal and interest of Buch 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 money from the Loan Commissioners for 
 
 thfi purp t building, rebuilding, enlarging, repairing, improving, ami 
 
 fitting ii j* any police station ami justices' room, and offices connei ted therewith, 
 
 lytical Table of Borrowing Powers at page 102 ante.
 
 112 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Loans for 
 
 Municipal 
 
 Buildings. 
 
 or any of such purposes, and may levy a rate or an increase of the borough 
 rate for the purpose of paying the principal and interest of such loan, and 
 may mortgage such rate or the borough rate to the Loan Commissioners in 
 accordance with this Act. The said justices and council respectively shall 
 have power to give the mortgage in such manner and form as the Loan 
 Commissioners may direct "]. 
 
 Adcoivsons 
 and similar 
 Iiights. 
 
 Obligations 
 and powers 
 in respect of 
 advowsons, 
 &c. 
 
 Adrowsons and similar Rights. 
 
 121. — (1.) Notwithstanding any sale by a municipal corpora- 
 tion of any advowson, 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 sball 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, either 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 
 Treasury. 
 
 (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 corporate, having perpetual succession and 
 capable of taking and holding in perpetuity all property granted 
 to or purchased for them by the Governors 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 (1838), is preserved in this clause. The case of Sine v. Reynolds 
 (2 Scott's Hew Rep. 394 ; S. C. Man. & Gr 71) defined the power of nomination 
 and the right of presentation under these .statutes. This clause is, however, 
 clearly drafted in accordance with the spirit of the decision cited].
 
 TEB MU2HCIPAL CORPORA TIOXS ACT, 188S. 113 
 
 122. — (1.) Where at the passing of the Municipal Corpora- Advowaotu 
 tions Act, 1830, a body corporate, or any particular class, ^ A *T 
 number, or description of members thereof, or the governing angulations 
 body thereof, were in their corporate capacity, and not as ^ 
 
 trustees of a charity, seised or possessed of any manor or land geio?Sto 
 whereto any advowson, or right of nomination or presentation ;' a 
 
 to any benefice or ecclesiastical preferment was appendant or 
 appurtenant, or of any advowson in gross, or of any right of 
 nomination or presentation to a benefice, ecclesiastical prefer- 
 ment, or office of priest, citrate, 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 G & 7 Will. 4, 
 c. 77 (1836), section 3 of 6 & 7 Will. 4, o. 104 (1836), and section 1 of 1 & 2 Vict. 
 c. 31 (1838), is preserved in this clause. Sec also the note to preceding clause]. 
 
 Special Bates. Special Rates. 
 
 to 
 uo 
 
 123. — Where before the passing of the Municipal Corpora- ££*«* 
 tions Act, 1835, a rate might be levied in a borough for the ^J;.*','' 1 " 
 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, lN3-">, as 
 far as they relate to that other purpose ; but where the amount 
 of that rate might not before the passing of the Municipal 
 8
 
 114 THE ENGLISH MUNICIPAL CODE. 
 
 Special Rates. Corporations Act, 1835, exceed a given rate in the pound on 
 the value of property rateable thereto, the rate to be levied for 
 the other purpose 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 during those of the same seven years 
 during which the rate was levied. 
 
 [The effect of section 84 of the Act of 1835 is preserved in this clause. Arahle 
 and meadow lands beyond a limit of 200 yards from a street or continuous line 
 of houses are not liable to a special rate. See Hallett v. Churchwardens of 
 Brighton (7 E. & B., 342 ; S.C. 26 L.J., M. C, 61)]. 
 
 Misapplication Misapplication of Corporate Property. 
 
 of Corporate 
 
 Properly. 124, — (1.) It shall not be lawful for a municipal corporation, 
 
 rx°OTditure 0f or *^ e counc il °f a borough, or a corporate officer, or a trustee, 
 
 funas P o°n ate or otner P er son acting for a municipal corporation, to pay or 
 
 ere r ctions. Iltar ' y a PP-ty an y mone y> 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 
 
 parliamentary 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 
 colourably made or given for any other cause or consideration. 
 (4.) Any mortgage or other 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
 
 TEE MUXKIPJl CORPORATIONS Ai 7, ISS2. 115 
 
 assents to, or concurs or participates in, any affirmative vote Miaappli 
 or proceeding relating thereto, or signs or seals in his individual jy^JUJJ* 
 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 
 force regulating the payment by the returning officer or other- 
 wise of expenses f 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 Provision*. Transitory 
 
 Provisions. 
 
 125. — (1.) In the several cases following : Transfer of 
 
 la.) "Where before the fifteenth of May one thousand eight made before 
 
 i -i -i • , rn e „ 1860 in na'i ea 
 
 hundred and sixty the Treasury on approving ot a mortgage or 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 purchase 
 money for or compensation in respect of corporate land, or of 
 money arising from sale of Government securities in which the 
 
 * The levere penalties following Ltrciui liavo Ik in noted ni page L09 ante (footnote). 
 t Bee us to these, Miction 8 of 85 & 86Vict. c. 88 (The Ballot A.ct, L872) and section 2 
 ni 88 A; M Vict c. 8 I
 
 116 
 
 7 777? ENGLISH MUNICIPAL CODE. 
 
 Transitory 
 Provisions. 
 
 same had been invested, had required provision for raising by 
 investments in names of trustees an amount equivalent to the 
 amount so paid; 
 
 (c.) "Where before the same day the Treasury, on approving 
 of a sale or alienation of corporate land, had required the 
 investment of the proceeds in names of trustees ; 
 
 The Treasury, 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 shall apply accordingly. 
 
 (4.) Where 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 the Treasury so direct, be substituted in the title 
 of the account for that Act. 
 
 [The effect of section 6 of 23 & 24 Viet. c. 16 (1860) is preserved in this clause]. 
 
 scheme re- 126. — Where in a borough any mortgage debt had been before 
 
 mort^fe debts the fifteenth of May one thousand eight hundred and sixty in- 
 im>, fc curred, for discharge of which no adequate provision then existed, 
 
 the council, if they have not so done before the commence- 
 ment of this Act, may submit to the Treasury any scheme for 
 the discharge thereof by instalments, or a sinking fund, or both, 
 extending over any term of years, and if the Treasury approve 
 of the scheme, the sums 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 MUNICIPAL CORPORATION* ACT, 188*. 117 
 
 direct, and the provisions of this Part applicable for repayment Transitory 
 of money borrowed on mortgage by 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 
 
 ~' w ■ o f debts 
 
 the fifteenth of May one thousand eight hundred and sixty, ''>^} rred bcfora 
 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 this 
 clause. See also note to section 118, page 109 ante]. 
 
 128 — Nothing in this Act shall affect any power to sell, saving for 
 
 * w * ° n sales, &c, in 
 
 mortgage, alienate, or lease corporate lands in pursuance of an pursuance of 
 
 o e> ' a A past con- 
 
 agreement made on or before the fifth day of June one thousand tracts and 
 
 o •> 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. — Nothing in this Act shall prevent the levying or Saving for 
 
 ° * ii rates in respect 
 
 collection of any rate for the purpose of paying any debt of pant debt*. 
 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 *$$$* 
 which the body corporate had before the passing of the Municipal ^j '.':;'';; , m 
 Corporations Act, 18*35, contracted an y lawful debt chargeable t0 " 8 or dues 
 on any toll or du< s belonging or payable 1" thai body corporate,
 
 118 
 
 THE EXGLISB MUXICIPAL CODE. 
 
 Transitory 
 1'rovisions. 
 
 Saving for 
 
 lawful debts 
 
 contracted 
 
 before 
 
 5 & 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 part 
 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 
 number and amount, of the creditors to whom the debt 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 any person 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 time 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 obligations— In Reg. v. Corporation of Lichfield (4 Q. B., 893) the council 
 elected under 5 & 6 Will. 4, c. 76, horrowed the sum of £200 to repay their 
 treasurer certain sums which he had paid to creditors of the old unre formed 
 corporation. They gave a promissory note to the party lending the money. 
 They did not, however, hand over this money totl.e treasurer, but allowed him 
 to receive their then accruing income in reduction of what was due to him, 
 and applied the £200 to purposes to which the income would have been applic- 
 able, it was hold, 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, 
 c. 28, of which is reproduced in the following subsection (3)]. 
 
 (3.) Money 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 CORPORATIONS ACT, 1882. 119 
 
 [The effect 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. 7S (1837), is preserved in this Provisions. 
 
 clause] . 
 
 132. — Nothing in this Act shall make liable to the payment of Saving against 
 
 any debt contracted by any body corporate ot a borough before to debts cou- 
 
 * , • • a tracted beforo 
 
 the passing of the Municipal Corporations Act, 1835, any part e&ewm.*, 
 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 clause]
 
 120 TEE ENGLISH MUNICIPAL CODE. 
 
 PART VI. 
 
 Charitable and other Trusts and Powers. 
 
 Charitable Charitable Trusts* 
 
 Trusts. 
 
 Administration 133. — (1.) Where at the passing of the Municipal Corpora- 
 
 of charitable *«*"• V / I o r r 
 
 trusts and tions Act, 1835, the body corporate of a borough, or any one or 
 
 vesting of legal J x 
 
 estate; more of the members thereof, in 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 or 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, vested 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 such vesting, then, in every case, on the 
 death, resignation, or removal of any trustee, and on any ap- 
 pointment of a new trustee, the legal estate in that land and in 
 all other lands subject to any such charitable uses or trusts for 
 
 * Prima facie a municipal corporation has full power to dispose of all its property 
 like a private individual, and it lies on the person alleging the contrary to establish a 
 trust. — Evan v. Avon (Corporation), 29Bevan,144. The Attorney-General has power 
 to restrain or afterwards impeach the alienation of corporate property made pending 
 the granting of a charter. Until the repeal of the 97th section of the 5 & 6 Will. 4, 
 c. 76, by the Statute Law Revision Act, 1874, the alienation of corporate property after 
 formal notice has been given by the Crown of its intention to grant a charter could 
 be impeached under its provisions. 
 
 t The 16 & 17 Vict. c. 137, s. 65.
 
 THE MUNICIPAL corporations ACT, tSi 121 
 
 the time being vested in the trustees or any of them, or in any Charitable 
 persons 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. Sanhey (5 A. & E., 423) that section 71 of the Act of 
 1835 applied 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 trasts within the meaning of the words of the section, see 
 in re Oxford Charities (3 Myl. & Cr., 239), wherein it was held that property 
 appropriated by the corporation for the maintenance of lecturers to preach, before 
 the corporate body 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 walls and 
 bridges of a borough are gifts from charitable persons within 39 Eliz. c. 5, to be 
 administered in the Couit of Chancery. — Attorney-General v. Corporation of 
 Shrewsbury (6 Bear., 220). This statute also enables a corporation to "found 
 hospitals for the poor, and to incorporate them." See in re Corporation of 
 Newcastle (12 CI. & F., 402)]. 
 
 (2.) Nothing in this section shall take away, abridge, or 
 prejudicially affect any power, authority, or jurisdiction of the 
 Charity Commissioners for England and Wales. 
 
 [The effect of section 71 of the Act of 1835, section 65 of 16 & 17 Vict. c. 137 
 (1853), and section 2 of 23 & 24 Vict. c. 13G (I860), is preserved in this clause]. 
 
 Special Trusts and Powers. Special Trusts 
 
 and lowers. 
 134. — The municipal corporation of a borough shall be Corporation 
 
 ■*■'-'■*• r x o to be trustee 
 
 trustees * for executing by the council t the powers and pro- ^™ r c a or " 
 visions of all Acts of Parliament made before the passing of the trusteos. 
 Municipal Corporations Act, 1835 (other than Acts made for 
 securing charitable uses and trusts), and of all trusts (other 
 than charitable uses and trusts) 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 
 chai gi 'I with the execution of a trust or public duty, however designated. Sec section 7, 
 page 26 mite. 
 
 | In ll<ij. v. Cnr/iorntinit of I'nolr it was held that the council were substituted for 
 the mayor, bailiff, and burgesses, who, under a local Act, had the management of 
 certain quay iu id harbour dues, but that the council wire strictly bound by the pro- 
 visions of the local Act. 
 
 J The case of Btaniland v. Hopkins (9 M. & W., 178) clearly construed that the 
 body co 1 1 h.i. u e should be trustees or commissioners for executing, by the town council, 
 
 the powers and provisions of all Acts of Parliament, under which the old hody Corpo- 
 rate, or any of the nn uibi i then of in their corporate capacity, were sole trustees.
 
 122 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Special Trusts 
 and Poivers. 
 
 Appointment 
 of members 
 of council to 
 be trustees 
 in cases of 
 joint trusts 
 and other 
 cases. 
 
 135. — (1.) In every borough in which the body corporate, or 
 a particular 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, 1835, 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 not 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 
 year), 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 would regularly have 
 held it. 
 
 [The effect of section 73 of the Act of 1835 is preserved in this clause]. 
 
 Local Acts. 
 
 Transfer of 
 powers 
 of local 
 authorities 
 to municipal 
 corporations. 
 
 Local Acts. 
 
 136. — (1-) The trustees appointed or acting by or under any 
 local Act of Parliament for the time being in force, for paving, 
 lighting, supplying with water or gas, cleansing, watching,
 
 THE MUX I CI PAL CORPORATIO\s ACT, 1881 123 
 
 regulating, or improving, a borough, or any part thereof, or for Local Acts. 
 providing or maintaining a cemetery or market in or for a 
 borough, 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 corporation have power to defray the expenses of such transfer under 
 35 & 36 Vict. c. 91 (1872)]. 
 
 (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 discharged therefrom. 
 
 [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 local 
 
 7 , , .-, -o -i lighting Act. 
 
 part of a borough then incorporated, the council may, it 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 
 
 * Bee Swin/ord v. Keble (L.B., 1 Q.B., 549) as to the extenl of the power vested in 
 tin transferring authority the borough and town of Margate).
 
 124 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Local Acts. 
 
 Exercise of 
 powers imdor 
 local Acts. 
 
 specified shall not exceed the average expense in the pound of 
 lighting the other parts of the borough. 
 
 [The effect of section 87 of the Act of 1835 is preserved in this clauss}. 
 
 138. — Everything * provided under any local Act of Parlia- 
 ment in force on the twentieth of August, one thousand eight 
 hundred 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 Municipal 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,! if the same respectively has been lawfully continued to 
 be done up to the commencement of this Act by 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. 
 
 [The effect of section 8 of 6 & 7 Will. 4, c. 
 this clause]. 
 
 105 (1836) is preserved in 
 
 * This does not repeal or alter any other powers conferred by previous sections, but 
 gives additional authority. See hereon Staniland v. Hopkins (9 M. & W., 178). 
 
 f The reduction of fees payable to an overseer and clerk of a local Court of Requests 
 by the town council professing to act under the powers here given was held lo be 
 unauthorized, the regulation of such fees being clearly a matter relating to the 
 " business of a court of civil judicature." — Fowell v. Powell (6 M. & W., 627).
 
 THE MVXICIPAL CORPORATIOXS ACT, 188 £. 125 
 
 PART VII. 
 Borough Fund : Borough Rate : County Rate. 
 
 Borough Fund. Fw°'l 
 
 139, — The rents and profits of all corporate land, and the P^ v ™ e ° t8 10 
 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 offence 
 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 expenditure of the principal of any moneys belonging to borough. — 
 Ex parte the Corporation of Hytlie (4 Y. & Coll., 55). 
 
 140. — (1.) The borough fund shall be applicable to and Application 
 
 »•"»■ \ ' o j. a of borough 
 
 charged with the several payments specified in the Fifth timd - 
 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 Borough Fund. 
 Part I. 
 Payments which may be made without Order. 
 
 1. The remuneration (if any) of the mayor, of tho recorder (if any) in his 
 capacity eithi rof recorder or of judge of a borough civil court, of the stipendiary 
 magistrate [if any), of the tovrn clerk, of the treasurer, of the clerk of the peace 
 
 n paid by salary, of every other officer appointed by the council, and of the 
 clerk to the justii i 
 
 2. The remuneration and allowances certified by the Treasury to bo payable 
 to the Treasurj in respect of an election petition. 
 
 3. Tho remuneration certified by the recorder to be duo to any assistant 
 recorder, assistant clerk of the peace, or a ditional crier.
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Jiorough 
 Fund. 
 
 Part 11. 
 Payments which may not be made without Order. 
 
 13 & 
 
 c. 42, 
 
 41 & 
 c. 26 
 
 14 Vict. 
 s.3 (1850) 
 
 42 Vict. 
 (1878). 
 
 
 
 1. The expenses incurred by overseers, and by the town clerk and other 
 • municipal authorities, in relation to the enrolment of burgesses and the holding 
 
 of municipal elections, or so much of those expenses as is not otherwise provided 
 for 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 buildings, 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. 
 
 5. 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) ; 
 
 (it.) 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 as may be awarded by the watch committee, 
 subject to the approbation of the council, or by the court of quarter or petty 
 sessions, to a borough 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 the 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 piid for the purposes of the 
 borough 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. 'the 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. Such remuneration to the clerk to any commissioners 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 carrying 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 
 
 M>.) By order of the coun cil ; or 
 
 (/\) By order of the court of quarter sessions for the 
 
 borough ; or 
 (//.) By order of a justice in pursuance of this Act ; or
 
 THE MUNICIPAL CORrORATIOXS ACT. 1 127 
 
 (e.) In cases in which the court of quarter sessions for a Borough 
 county, or a justice acting in and for a county in the 
 discharge of his judicial duty, might make an order for 
 the payment 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 persons in or 
 on the real or personal estate of the municipal corporation, 
 by virtue of any legal 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 (1878), is preserved in this clause. As to whether corporate property 
 held for public purposes can be taken in execution, see Doe dem. Parr v. Roe 
 (1 Q.B., 700). As regards authority of council to oppose a local hill and 
 defray expenses from borough fund, where no surplus, see Reg. v. Mayor of 
 Sheffield (L.R., 6 Q.B., 652) contra Jlltorney-OeneYal V. Mayor of Wigan 
 (1 Kay, 26S). The saving in subsection 4 is framed with reference to Arnold v. 
 Mayor of Gravesend (2 K. & J., 574)]. 
 
 141. — (1.) An order of the council for paymeut of money orders for 
 out of the borough fund shall be signed by three members of money! 1 
 the council, and countersigned by the town clerk. 
 
 (2.) ah, such order maybe removed into the Queen's Bench 
 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 costs, according to the judgment and discre- 
 tion of the court. 
 
 [The effect of section 59 of the Act of 18S5, and section 44 of 7 Will. 4 & 1 
 Vict. c. 78 (1837) is preserved in this clause]. 
 
 142. — (1-) All payments to and out of the borough fund Payments to 
 shall be made to and by the treasurer. treasurer 
 
 (2.) All payments to the treasurer shall go to the borough 
 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 b • 
 made by the treasurer, or after he has been required tj demand such money 
 from the mayor. — Reg. v. Frost (8 A. & E., 832) J. 
 
 143- — (1.) If the borough fund is more than sufficient (or Application 
 
 ,.,.., "' surplus of 
 
 the purposes to which it is applicable under this Act, or other- borough tumi 
 
 * The cases bearing upon this power of removal are Reg. v. Mayor of l.iv, 
 (41L.J..Q. B.,175); Reg. \. Mayor, .f i:,-i,l,, „■„/,,- ,m A. a.- K.,-jsii; //,./.▼. Paramore 
 (lb. 286) : Reg. r. town Councilof Lichfield i i Q. B.,893) ; Attorney-Gem ralv. Mayor 
 of n'iV/"/iil Kay,2is<;i; l;,g. v. Mayor and Corporation of Sheffield (M. B., 6Q. B.,652); 
 Reg.v.Prest (16 Q. B.,.'i2;; Reg. v. Dunn (6 Q. B., 9591; Reg. v. Greem | I Q, B . M '•
 
 128 
 
 TEE EXGLISII MUNICIPAL CODE. 
 
 Borough 
 Fund. 
 
 Borough 
 Rate. 
 
 Power 
 for council 
 to make 
 borough rate 
 and assess 
 contribution 
 thereto. 
 
 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 borough 
 rate, and the borough is a sanitary district under the Public 
 Ilealth 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 1835, and section 12 of 23 & 24 Vict, 
 c. 16 (1860), ispieserved in this clause. The watch committee of Liverpool, 
 the "borough, fund of which town had 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 application of the fund for the public benefit of the 
 inhabitants of the borough within sec. 92, and that a ride 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. It., N. S., Q,. B., 175.) 
 This section remov es all difficulty where a surplus exists, and invests t he council 
 with an absolute discrefiori as regards outlay for the public Benefit and improve- 
 ments of the borough]. 
 
 Borough Rate. 
 
 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 purposes. 
 
 (2.) In order to raise that amount, the counci l 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. 
 
 i \ borough rate is valid though not made in public. Jones v. Johnson 
 (5 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 Woods v. Reed (2 M. & W., 777), Attorney -General v. Corporation of 
 Lichfield (11 Bev., 120) and Jones v. Johnson (5 Ex., 862), the difficulties of which 
 are removed by this subsection].
 
 THE MUNICIPAL CORPORATIONS ACT, U 129 
 
 (4.) The council shall assess the contributions to the borough Borough 
 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 reasou 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 payable 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. 
 
 (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 
 
 9
 
 130 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Rate, 
 
 Collection of 
 borough rata 
 in undivided 
 parish. 
 
 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 borough rate under 5 & 6 Will. 4, c. 76, 
 h. 92 ; an out-township being one of the townships assessed to such rate. Tho 
 rate was duly levied and paid. The overseers of the parish having appealed to 
 the hcrough quarter sessions against the rate, the sessions made an order to 
 amend the rate by increasing the amount at which the township was assessed. 
 No notice of the appeal was given to the out-township. The overseers of the 
 out-township 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- 
 tionnl rate was by a warrant of distress issued by the mayor 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. — Reg. v. Overseers of Huntslet (El. & £1., 
 775)]. 
 
 (10.) The recorder or quarter sessions shall hear and finally 
 determine the appeal, and either confirm 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 
 appears 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 
 require, he shall, on summary conviction, be liable to a fine not 
 exceeding ten pounds. 
 
 (13.) 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 effect of section 92 of the Act of 1835, and 55 Geo. 3, c 51, is preserved 
 in this clause]. 
 
 145. — (1.) Where a parish is wholly in a borough, the 
 council may from time to time, if they think fit, order the 
 overseers to pay the contribution of the parish to the borough 
 rate out of the poor rate made or to be made for the parish. 
 
 (2.) The overseers shall pay the contribution to the council 
 or as they order.
 
 THE ML'MCIPAL COBPORATIOXS ACT, 1 131 
 
 (3.) If the overseers fail to pay as ordered, the amount may Borough 
 be levied * off the goods of them or any of them, by distress, 
 by virtue of a warrant signed by the mayor and sealed with 
 the corporate seal, or signed by two justices in and for the 
 borough. 
 
 [The effect of 7 Will, i and 1 Vict. c. SI, is preserved in this clause, which 
 riginally enacted in consequence of the A.cl of 1835 having omitted to 
 extend fco borough rates some of the provisions of the 55 Geo. 3, c. 51. The 
 terms of this clau.-o and also those of the following clause have been modified 
 from the original enactments with the object of better harmonizing the 
 collection of borough rates with the general law of rating]. 
 
 146. — (1.) Where a parish is partly in and partly out of a collection of 
 
 v ' r r j j j irough rate 
 
 borough, the overseers, on receipt of an order for payment of in divided 
 
 money for the contribution of the part in the borough towards 
 
 a borough rate, which order the council 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 the poor rate to which occupiers in that 
 
 part of the parish are liable in common with occupiers in the 
 
 other part. 
 
 (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 a poor rate. 
 
 [Notice of appeal must be given to the town clerk, he being the proper officer 
 of court. — Reg. v. Recorder of Carmarthen (7 A. & B., 756). It must state that 
 the party appealing is aggrieved, or show facta from which such may be 
 inferred.— Hex v. Bond (6 A & E., 905)]. 
 
 (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 
 nonpayment of contribution to a borough 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 tho 
 like incidents, consequences, liabilities, 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 rates. 
 
 * See. subsection 'J of section 1 II, p. 129, ante.
 
 132 THE ENGLISH MUNICIPAL CODE. 
 
 Borough (5.) If any balance is found in the hands of any such ovsrseer 
 
 or collector he shall 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 
 poor rate shall, if required by 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 irrecoverable. 
 
 [The effect of section 2 of 12 & 13 Vict. c. 65, section 10 of 13 & U 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 
 
 o7occuiTeT S e fOT or after the commencement of this Act, under section four of 
 ce°rt aiS h cases. in The Poor Bate 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 
 borouo-h 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 three of this Act extends, situate within 
 such parish, shall be rated to the poor rate in respect of such rateable heredita- 
 ments, 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 
 Bhall 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 year in respect of all such rateable hereditaments of
 
 THE JfUXICir.iL CORPORATfOXS ACT, 188S. 133 
 
 which he is the owner whether the same he occupied or not, the overseers Borough 
 shall rate such owner accordingly, and allow to him a further abatement or Mate. 
 deduction not exceeding fifte n per centum from the amount of the rate 
 during t lie time he is so rated ; 
 
 (3.) The vestry 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, bui the order shall continue in force with respect to all 
 rates made before the date on which the resolution takes effect ; 
 
 Provided that this clause shall not he applicable to any rateable hereditament in 
 which a dwelling-house shall not be included'']. 
 
 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. 4, c. 104 (1836), is preserved in this 
 clause] . 
 
 149. — All sums levied in pursuance of the borough rate shall Borough ato 
 
 r „ . to go to 
 
 go to the borough fund : and, subject to the foregoing provisions boronghfund 
 
 of this Part, the same shall be applied to all purposes to which won. 
 
 the borough fund is applicable under this Act, or otherwise by 
 
 law ; and, as regards a borough named in the schedules to the 
 
 Municipal Corporations Act, 1835, to all purposes to which, 
 
 before the passing of that Act, a borough rate was by law 
 
 applicable 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 
 purchasing land for the purposes of the Act and of executing certain improve- 
 ment works specified 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 Gd.in the pound, 
 and mortgageable to the extent of £100,000 ; and all other expenses of carrying 
 the Act into execution to be defrayed by a " borough improvement rate" not 
 ling 2s. in the pound, and mortgageable to the extent of £150,000. 
 From the street improvement rate certain classes of persons were wholly 
 exempted, and canal and railway companies were in part exempted. Nothing 
 in 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 certain specified streets was to bo 
 defrayed out of "the street improvement rate." The Corporation Mortgages 
 Act, 1860, empowered corporations generally, with the approbation of tho 
 'I : isury, upon application made after due notice given, to make purchases 
 of land for public purposes; but nothing therein contained is to "repeal, 
 abrid Bfect" any power or authority of any body corporate or council 
 
 er any local Act. The corporation of Birmingham bavin- contracted Eos 
 the purchase of Land for the widening of astreel (not comprised in the works 
 specified in the local Acts of 1851 and 1861), and having, alter due notice 
 given, and after all parties interested in the scheme had been heard before 
 a commie ioner deputed by the Treasury, obtained the sanction of the Treasury 
 to the purchase of the land and the charging of tho borough fund with the
 
 134 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough purchase money. Held upon the construction of the statutes that the corpo- 
 
 rate, ration were lawfully empowered to raise the purchase money out of the 
 
 borough fund. Attorney -General v. Corporation of Birmingham (3 Eq. , 552). 
 
 In an information against a corporation to restrain them from applying 
 certain funds in aid of the borough fund, a decree was made by which the corpo- 
 ration 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. Attorney-General v. Corporation of Thetford [8 W. R., 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 m;ide the rule absolute. The attorney brought an action against the 
 corporation for his costs. Held that the litigation on the part of the mayor having 
 been justifiable, the costs were payable out of the borough fund under the 5 & 6 
 Will. 4.c. 76, s. 92. lewis v. Mayor §c, of Rochester {Z L. T.,N. S., Q,. B., 300). 
 
 A waterworks company, established to supply water to the borough of S , 
 
 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 boroueh. 
 Certain of such proposed rules and regulations having Lien 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 Bill in Parliament, with 
 the view of obtaining further powers. The corporation, considering that the 
 bill was objectionable, opposed it in Parliament, and it was eventually with- 
 drawn. Orders were made for the payment out of the horough 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 ex- 
 penses " necessarily incurred in carrying into effect the provisions " of the 
 Municipal Corporations Acts within the 92nd section of the Act, and as they did 
 not fall within any of the payments specified in the Act, thev were not charge- 
 able upon the borough fund, and that the orders were invalid. Reg. v. The 
 Corporation of She/Held (40 L. J. R., N. S., Q. B., 247). 
 
 See also section 143 and note at page 12S.] 
 
 County Rate. County Rate. 
 
 Gen-rai WO. — (1.) Where a borough has a separate court of quarter 
 
 exemption v ' ° L 
 
 of quarter sessions, the justices of a county wherein the borough or any 
 
 sessions > J J o *< 
 
 boroughs from par t thereof is situate shall not assess any hereditaments in the 
 
 county rate. ■■ J 
 
 borough to any county rate ; and, except as is expressly by this 
 Act provided, 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 1]. 
 
 (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 1S35 is preserved in this clause]. 
 
 Liability of 151. — The municipal corporation of a borough having a 
 
 quarter r i 
 
 sessions separate court of quarter sessions shall be liable to pay such 
 
 borough for at.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1888. 135 
 
 sums, if any as are expended out of the county rate of the County Sate. 
 
 * ' r . prosecution 
 
 county in which the borough is situate, and as are not otherwise expenses of 
 
 J ' c ' . . „ . couuty. 
 
 paid or chargeable, in respect of the costs arising out ot 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 1835 is preserved in this clause, the 
 opening words of which are inserted with reference to Reg. v. New Windsor 
 (1 Q. B. D., 15-'), and Reg. v. Mbnck (2 Q. B. 1)., 554]. 
 
 152.— (10 If the whole or any part of the area for the time JJgjyJ^ 
 being comprised in a borough having a separate court of quarter g^uR, to 
 sessions was, before the eleventh of July, one thousand eight SJSST" 
 hundred and thirty-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 county 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 include 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. 
 
 [Tho effect of section 117 of the Act of 1835, section 5 of 16 & 17 Vict. 
 c. 79 (1853), and section 5 of 42 k 43 Vict. c. 30, is preserved in this clause]. 
 
 153. — (1.) The treasurer of each county shall, not more tlian Mode of 
 
 v ' . accounting 
 
 twice in every year, send to the council of each borough situate by borough 
 
 J J ° m to county. 
 
 in the county and having a separate court of 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 tho 
 assizes for the county ; and 
 (b.) If the borough is liable to contribute to the county rate 
 for general county purposes, all sums expended out of 
 the county rate for general county purposes, and all 
 
 * The 38 & 39 Vict. c. f>3.
 
 136 THE ENGLISH MUNICIPAL CODE. 
 
 County Rate. sums received in aid or on account of the county rate, 
 
 and the proportion 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 
 ten 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 'borough, without a commission of peace is ex officio a justice 
 for the borough, whose judicial acts are hinding on justices of county in which 
 horough is situate. — Wilson v. Strugnell (L. R., 7 Q. B. D., 548)]. 
 
 (4.) If any difference arises concerning the 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 afforded 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. He 
 shall also assess the costs of the arbitration and determine by 
 whom and out of what fund they shall be paid. 
 
 [The effect of section 117 of the Act of 1835 is preserved in this clause. Suh- 
 section 3 includes the effect of section 38 of 15 & 16 Vict. c. 81 (1852), and 
 subsection 4 that of section 2 of 5 Geo. 4, c. 85J.
 
 THE M UNJCIPA L COBBOB A TIOXS ACT, 188S. 1 3 7 
 
 PAET VIII. 
 
 Administration of Justice. 
 
 County Justices. c r mnU J 
 
 u Justices. 
 
 X54 _(1.) Where a borough has not a separate court of ^^^ OQ 
 quarter sessions, the justices of the county in which the borough gJSS^ 1 
 is situate shall exercise the jurisdiction of justices in and for 
 the borough as fully as they can or ought in and for the 
 county. 
 
 [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, tc wit— Bex v. Amos 
 (2 B. & A., s. 33) ; Mayor of Beigate v. Mart (L. B., 3 Q, B., 244) ; Blankley v. 
 Winstanley (3 T. B., 279) ; Bates v Winstanley (4 M. & S., 429, 436); and 
 Wakefield Board of Health v. West Biding and Grimsby Bailway 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 clausie. 
 
 County magistrates are not excluded for hearing appeals under 9 Geo. 4, c. 61, 
 
 8. 27, against the refusal of borough magistrates to grant an alehouse license. 
 
 i:< </. v. Deam (2 Q. B. 96) ; Beg. v. Bccorder of Bristol (24 L. J., M. C) ; 
 
 Beg. v. Cocklurn (4 E. & B., 65)]. 
 
 Borough Justices. Borough 
 
 Justices. 
 
 155. — (1.) The mayor shall, by virtue of his office, be fcjjjfwjg^ 
 justice for the borough, and shall, unless disqualified to bo ';; ; ;;• ;^"'
 
 138 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 Borough 
 
 Justices. 
 
 Separate 
 commission 
 of peace. 
 
 Qualification 
 of borough 
 justice. 
 
 mayor, continue to be such a justice during the year next after * 
 he ceases to be mayor. 
 
 Quaere whether Mayor and Ex-Mayor are "justices of the quorum." Reg. v. 
 Inhabitants of Llangian (4 B. & S. 249). 
 
 (2.) The mayor shall Lave precedence over all other justices 
 acting in and for the borough, and be entitled to take the chair 
 at all meetings of justices held in- the borough at which he is 
 present by virtue of his office 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 severally and magisterially within the borough. It was held in Ex parte 
 Mayor of Birmingham (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 renewed in this clause]. 
 
 158. — 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, Dalt. Just. c. 3, s. 10, and Lamb Eiren, 
 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 Mary, 
 Bess. 2, c 8. s. 2). 
 
 See also subsection 1 of section 171 and notes thereon at page 149]. 
 
 * It has been a subject of debate in a council meeting whether, in the event of the 
 re-election of a person to the office of mayor, it is necessary for him to again 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 m 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 and one year after.
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 139 
 
 (2 ) A iustice for a borough shall not be capable of actng as Borough 
 
 -iiii Justices. 
 such until he bas taken the oaths required to be taken by 
 
 justices, except the oath as to qualification by estate, and made 
 
 before the mayor or two other members of the council a 
 
 declaration as in the Eighth Schedule. 
 
 [This declaration is contained in Form 15, Tart I. of the Eighth Schedule. 
 See subsection 4 of clause 163 at page 143 seg.~], 
 
 (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 & 7 Will. 4, c. 105 (1836), section 3 of 24 & 25 Vict. c. 75 (1861), section 
 6 of 31 & 32 Vict. c. 72 (1S68), and section 2 of 34 _& 35 Vict. c. 43 (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 matters 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 court of gaol delivery or 
 quarler sessions, or in making or levying any county or borough 
 rate. 
 
 [Borough 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. Candlish 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 1 1 & 12 Vict, 
 c. 43, s. 31, to be paid to the treasurer of the county and not of the borough. 
 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 Municipal Corporations 
 Act Amendment Act, 1861, s. 4. Winn v. Mossman (38 L. J. It., N. S. 
 Ex.200). 
 
 By 11 & 12 Vict. c. 43. s. 31, the amount of any penalty ordered to be pud 
 by justices according to the Act is to he paid in the absence of specific directions 
 in the statute on which the information shall have hem framed to the treasurer 
 
 •The mayor must take oath as prescribed by "1 & 82 Vict. c. 72. This Act sets out 
 three oaths— 1, the oath of allegiance; 2, the official oath; and 8, the judicial oath. 
 It names the pel ions to take the oath, and permits those excluded to make a declara- 
 tion that he will faithfully discharge the duties of his office. Mayors and aldermen 
 
 are no! w ■•! to take official oaths. The oath of allegiance as b justice of the peace, 
 
 and the judicial oath are imperative, they may be taken before any two justices oi 
 before two councillors of the borough. See 8 1 \- 35 Vict, c. 48, b. 2.
 
 140 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Justices. 
 
 Clerk to 
 borough 
 justices. 
 
 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 separate court of quarter 
 sessions, the justices for the county acting as justices for the borough concurrently 
 with the mayor according to the Municipal Corporations Act (5 & 6 Will. 4, 
 c. 76, s. 57), and there was a treasurer of the borough. — Held that the mayor, 
 while acting as justice for the borough, was in the nature of a justice ior the 
 county with powers limited to a special locality, and the penalties imposed by 
 the borough justices must, in the absence of directions in the penal statute, be 
 paid to the county treasurer. The Mayor, Aldermen, and Burgesses of Jieigale 
 v. Hart (37 L. J. E., N. S.. M. C, 70)J. 
 
 (2.) A justice shall not be disabled from acting in the exe- 
 cution 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 of 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 Beg. v. Eox (8 E. & B,, 939}]. 
 
 (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. 
 
 (3.) The clerk to the justices shall not, by himself or hia 
 partner or otherwise, be directly or indirectly employed 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 
 line 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 the 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 (1861), is preserved in this clause. Subsection 6 is a saving of the provisions
 
 TEE MUNICIPAL CORPORATIONS ACT, 1- 141 
 
 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 ease of Justices. 
 
 Brown v. Evans (33 L. J., X. S., 737) the judges commented very strongly upon 
 
 its wording. The defendant held the two others, and illegally so under the very 
 
 Act containing the proviso as weU 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. 
 
 [Tt 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 1S35 is preserved in this clause]. 
 
 Stipendiary Magistrate.* S/ip ndiary 
 
 Magistrate. 
 
 161.— (1.) If the council desire the appointment of a sti- ^jf , *' 1 nt 
 pendiary magistrate for the borough, they may present a 
 petition for the appointment to the Secretaiy of State, and 
 thereupon it shall be lawful for the Queen to appoint to that 
 office a barrister of seven t years' standing. 
 
 (2.) lie 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. 
 
 * The following boroughs under this Act have stipendiary magistrates. Those 
 marked thus (*) were appointed under section 99 of the Act of 1S35 ; those marked 
 thus (f) by local Acts : — 
 
 pendiary 
 magistrate. 
 
 Birkenhead, f 
 Birmingham.* 
 
 Brighton.* 
 
 I tiff.* 
 
 Kin ;ston-on-Hull. 
 
 I ii eds.* 
 
 Liverpool.* 
 
 M. bester.* 
 
 Middle borough.* 
 
 t Five years was the standing enacted by the Act of 1835 
 
 Salfnnl.l 
 
 Sheffield.* 
 
 Staffordshire Potteries. \ (This 
 district includes the boroughs 
 of Burslem, Mauley, Longton, 
 and Stoke upon Trent. 
 
 Bwansi 
 
 Wolverhampton.f
 
 H2 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 Stipendiary (6.) On a vacancy, a new appointment shall not be made 
 
 " 9U until the council again make application as before the first 
 
 appointment. 
 
 (7.) More than one stipendiary magistrate may be appointed 
 for a borough. 
 
 [The effect of section 99 of the Act of 1835 is preserved in this clause]. 
 
 Borough 
 Quarter 
 Sessions : 
 Recorder ; 
 Clerk of 
 the Peace. 
 
 Grant of 
 
 separate 
 court of 
 quarter 
 sessions. 
 
 The recorder. 
 
 Borouijh Quarter Sessions : Recorder ; Clerk of the Peace. 
 
 162. — (1.) It shall be lawful for the Queen, on the petition 
 to Her Majesty in Council of the council of a borough, to 
 grant that a separate court of quarter sessions be holden in and 
 for the borough. 
 
 (2.) The petition shall set forth the grounds of the applica- 
 tion and the salary which the council are willing 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. 
 
 [The Act of 1835 did net include the words used in this subsection, and it 
 was the professionally-stated opinion of the late Lord Chief Justice Cockburn 
 and the late Lord Westbury, when attorney -general and solicitor-general 
 respectively (given on September 19, 1856, to the town council of Newcastle- 
 uuder-Lyme), 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]. 
 
 (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 
 borough. 
 
 (4.) He shall not act as recorder, or as a justice, until he has 
 taken the oaths* required to be taken by a borough justice, and 
 
 * See note to subsection 2, clause 157, at page 139 ante, as to these oaths.
 
 THE MUNICIPAL CORPORATIONS ACT, 1^ 143 
 
 made before the mayor or two other members of the council a trough 
 
 * 01 Quarter 
 
 declaration as m the Jbighth 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 139 Peace. 
 
 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] for the 
 borough of according to the best of mv judgment and 
 
 ability"]. 
 
 (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 may 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, section 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 The clerk of 
 
 . ... the peace. 
 
 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 YV. iV M., sess. 1, c. 21, 
 s. 6. (and the following subsection). See Reg. v. 11 ay ward (S. C, 31 
 L. J., M. C, 177)]. 
 
 (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. 
 
 * At tliis time (December, 1882) one person holds three appointments as recorder 
 and four persona two appointments each.
 
 144 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Quarter 
 Sessions : 
 Recorder : 
 Clerk of the 
 Peace. 
 
 Recorder to 
 hold court of 
 quarter 
 sessions. 
 
 (4.) The appointment of the deputy shall be signified 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 
 that table to be entitled. 
 
 (G.) 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 1S35 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 Reg. 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 bouse, Reg. v. Charles (1 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. Regina (13 Q. B., 738). 
 
 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 peace 
 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. Modern 
 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
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 145 
 
 be Bought for in the compass of individual ma 3 however well informed Borough 
 
 and upright in purple. * onseque illy the Act just referred to was pa sed. [t Quarter 
 provided as follows:— "That after the | of this A.t neither the justices S ssii ns : 
 
 of th i acting in and for any county, riding, division, or liberty, nor the Recorder : 
 
 recordei of any borough, shall at any session of the peace, or at any adjourn- Clerk of the 
 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- 
 l of felony, is punishable by transportation beyond the seas [altered to 
 I servitude by 20 & 21 Vict. c. 3, s. C] for life, or for any of the following 
 offences (that is to say), — 
 
 1. Misprision of treason : 
 
 2. Uffen inst the Queen's title, prerogative, person, or government, 
 or against eithi r Eouse of Parliament : 
 
 Fi in - subject to the penalties of praemunire : 
 
 4. Blasphemy, and offences against re] gion: 
 
 5. Administering or taking unlawful oaths : 
 6 Perjury and subornation of perjury : 
 
 7. Making or suborning any oilier 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 corn, 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 : 
 
 1 2. Endeavouring to conceal the birth of a child : 
 
 13. inst any provision of the laws relating to bankrupts and 
 insolvents : 
 
 14. Composing, printing, or publishing bias] or 
 defamatory libels : 
 
 15. Bribery: 
 
 16. Unlawful combinations and conspiracies except conspiracies or com- 
 binations to commit any offence which such justices or recorder respectively 
 have or has jurisdiction to try win n committed by one person : 
 
 17. Stealing, or fraudulently taking, or injuring or destroying, records 
 or documents belonging to any court of law or equity, or relating to any 
 proceeding therein : 
 
 18. Stealing or fraudulently destroying or concealing wills or testamentary 
 papers, or any document or written 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 
 jurisdiction of quarter sessions, justices and recorders. The 24 & 25 Vict 
 i, b. 87, precluded frauds by ag< nts, bankers, or factors in embezzling money 
 or Belling securities, &c, en1 to them under directions in writing, or 
 
 chattels, or valuable security held for ife custody or special purposes 
 (the offences of keeping and publishing of false accounts and destroying of 
 documents by directors and office] of public companies are also included) being 
 tried at any couit of general or quart i ions of the peace. 
 
 Th' Central Criminal Court, and those of Middlesex, London, 
 
 and Westminster, are subject to variouB regulations which differ from those 
 prevailing in other parts of England]. 
 
 (4.) But the recorder shall not, by virtue of his office, have 
 power 
 
 (a.) To allow, apportion, mako, or levy any borough rate ; 
 
 or 
 (b.) Subject to the provisions of this Act respecting appeals 
 from a rate, to do any uci in relation to the allowance, 
 Jo
 
 146 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Quarter 
 Sessions : 
 Recorder : 
 Clerk of the 
 Fence. 
 
 Power to ap- 
 point deputy 
 recorder. 
 
 apportionment, making, or levying of any rate whatso- 
 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 
 
 (d ) To exercise any power by this Act specially vested in 
 the council. 
 
 [The effect of section 105 of the Act of 1835, and section 8 of 6 & 7 "Will. 4, 
 c. 105 (1836), is preserved in this clause]. 
 
 166. — (!•) The recorder may,jin case of siclmessor _unayoid- 
 able absence, appoint, by writing signed by bim, a, barrister of 
 five years' standing to act as deputy recorder at the quarter 
 sessions then next ensuing or then being beld, 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 una voidable. 
 
 Powers of 
 mayor in 
 absence of 
 recorder and 
 deputy 
 recorder. 
 
 [The effect of section 8 of 6 & 7 Vict c. 89 (1843) is preserved in thi clause. 
 See 32 & 33 Vict, c 23, s. 1 (1869) ; and 35 & 36 Vict. c. 86, s. 7 (1872), in which 
 a judge of any local court may appoint as deputy a barrister of net less than seven 
 years' standing] . ~ 
 
 167- — (1.) 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 adjourn 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 aj>pearance for a considerable 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 section of the statute incorporated in this clause as his 
 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 tho Act of 1835 is preserved in this clause]. 
 
 Power for 168. — (1.) If at any time it appears to the recorder that 
 
 form a second the quarter sessions are likely to last more than three days, 
 
 court.
 
 THE MUNICIPAL CORPORATIONS ACT, 188ft. 147 
 
 including the day of assembling, he may in his discretion, but *^JjJ 
 subject to the provisions of this section, order a second court Stations : 
 to be formed, and appoint by writing signed by him a barrister gjjjjj^ 
 of five years' standing to preside there in, 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 ease 
 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 anytime 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 
 (b.) The name of the barrister to be appointed has at some 
 previous time been approved by the Secretary of 
 Stat, as that of a fit person to be from time to time 
 so appointed.
 
 148 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Quarter 
 
 Sessions : 
 Ri cot der : 
 Clerk of the 
 Peace, 
 
 (7.) Where a resolution of the council is so certified, the 
 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. 19, 
 S. I (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, with the sanction of the Secretary of State, 
 not exceeding six — 
 
 To an assistant recorder .... 
 
 To an assistant clerk of the peace 
 
 To an additional crier .... 
 
 Ten guineas. 
 Two guineas. 
 Half a guinea. 
 
 The remuneration is payable on a certificate f om the recorder showing the 
 amount due. (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. 
 
 ( 1 0.) Appointments made and certificates given under this 
 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 preservedin this clause]. 
 
 Liability of 169, — A municipal corporation of a borough having a separate 
 
 borough having l . * , ° ° £ 
 
 quirter sessions conrt ot quarter sessions shall be liaole to pay the costs and 
 
 for prosecutors' . , pi 
 
 expenses. expenses attending the prosecution of any felony committed or 
 
 supposed 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 shall be directed to the treasurer of the borough. 
 
 [The effect of section 113 of the Act of 1835 is preserved in this clause. 
 See Peg. v. Treasurer of Oswestry (12 Q. B., 239), as to the diiection to the 
 treasurer].
 
 TEE MUNICIPAL COBrORATIOXS ACT, 11 1 19 
 
 Sheriff. Sheriff. 
 
 170.— (1.) The council of every borough being a county of Appointment 
 itself, and of the city of Oxford, shall on the ninth of November counties of 
 
 r. . i ,-r. « oitiea and 
 
 in every year appoint a tit person to execute the office ot counties of 
 
 sheriit. 
 
 [The Sheriff of Oxford was first appointed under section 61 «f the Act of 
 1835, but his duties are confined to executing the writs of the city cou-ts. 
 lie has not the execution in the city of writs from the superior courts (see 
 ,3 Bin?. X. C. 64). 
 
 A sheriff may not Hot as justice during the year of his shrievalty (1 Mary, 
 
 -. -'. c. B, b. 2). 
 
 The ■ iY. riff is not one of profit (see section 8 of 5 & G Vict. c. HH)]. 
 
 (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 effi ct 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 jurisdiction of sheriff and his 
 liability, see 40 & 41 Vict, c. 21, ss. 30 & 31 ; as to prisoners under sent u< of 
 d( ;.ii 28 & 29 Vict. c. 126, s. b$; 40 & 41 Vict. c. 21, s. 32, and 42 & 43 
 
 Vict. c. 1, s. 3]. 
 
 Coroner. Coroner. 
 
 171. — (1.) The council of a borough hiving a separate eouit Appointment, 
 
 n . , m . , . , , , . es, Ac. of 
 
 ot quarter sessions shall, withm ten daws next after receipt of borough 
 
 . ifii -it i* n o coroner in 
 
 the grant thereof by the council, and thenceforward from time h roughs hav- 
 
 " ing separate 
 
 to time, appoint a fit person, not an alderman or councillor of 
 the borough, to be coroner of the borough : and thereafter no 
 person other than th e coroner so appointed shall take in t he 
 borough any inquisition belonging to the office of coroner. 
 
 [Tl. i is not r< quired to 1"' qualified by r< sidence, estate, or otherwise, 
 
 it that of being a "lit'' person. As to ability of Coroners to be magi- 
 strate LordMaiorfor the Time being, isperpetual Coroner and Escheator 
 within the said city of London and Liberti uthwark, and the Coroner's 
 Court is always held before him or his Deputy." Dyer 317, Stamf. lib. 2 cap. 31. 
 I i . Jac 531, "Justice oi Peace for London.'' And by 2 Chart. Jac. 1. ".In -tire 
 of Oyer and Terminer." (See "Privilegia Londoni,' by W. Bohnn, 127; . 
 
 Whether in other cities the same privilege of justice and coroner extends is 
 doubted. See D I . c. 3, s. 10, and Lamb Eiren, lib. 1 c. ll. The 34 & 
 35 Vict. c._ 18 b practising attorneys within city or county wherein 
 
 they practise, is -;]• ai ae to offici of co oner. 
 
 also subsecl o i l of section 157, and ao'e thereon at page 138. 
 
 The Lord Chiei Ju I ct oi thi Queen's Bi nch is the principal coroner in the 
 Kingdom, and may (if he pleases exercise the jurisdiction of a coroner in any 
 part of the realm, ll Rep. 57. By Stat. 4 Ed. I, de officio Coronati 
 office of coroner principally judicial. Be is by virtue of his office a conservator 
 oi the King's peace, and becomes a ma bj virtui of his appointment, 
 
 having powei i ipprehendod, whcthoi in inquisition be found 
 
 againstll lornot. (See " Lewis on Coroners," 2nd Ed., p 30)].
 
 150 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Coroner. 
 
 Power of 
 borough 
 coroner to 
 appoint a 
 depuiy. 
 
 (2.) The coroner shall hold office during 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 1835 and section 3 of 7 Will. 4 and 
 1 Vict. c. 68 (1837), is preserved in this clause. The remuneration to the 
 coroner i3 set out in the Fourth Schedule, paragraph 3, as follows : — 
 
 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 -- Ninepence. 
 
 (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 who makes an order on the council for 
 payment of the same]. 
 
 172. — (1.) 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^ t hem the necessity 
 for 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. 105 (1836) is preserved in this clause. 
 
 It is sufficient cause for the appointment of a deputy that the coroner is 
 holding another inquest. Eeg. v. Perkin (7 Q,. B., 165). 
 
 There is no restriction as to standing of the barrister. 
 
 An inquest com menced must 
 in the name of the coroner. 
 
 lust I ■■ con pleted by dop'iiy, wlm sii;,^ the inquisition 
 . affixing his own name as his deputy]. 
 
 Returns by 
 borough- 
 coroners. 
 
 173. — On or before the first of February 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 was called upon 
 to hold an inquest during the year ending on the then last 
 thirty-first of December. 
 
 [The effect of section 63 of the Act of 1835 is preserved in this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, 1888. 151 
 
 174 — [\\ Where a borough has not a separate court of 
 
 *■*■•• ° ■ Acting of 
 
 quarter sessions no person other than the coroner for the ^^J coroner 
 count}' or district in which the borough is situate shall take in 
 the borough any inquisition belonging to the office of coroner. 
 (2.) That coroner shall, for every inquisition duly taken by 
 him within the borough, be entitled to such rateable fees and 
 salary as would be allowpd and due to him, and to be allowed 
 and paid in like manner, as for any other inquisition taken by 
 him within the county or district. 
 
 [The effect of section 64 of the Act of 1835 is preserved in this clause. 
 
 See 6 & 7 Vict. c. 12 as to holding inquests where place of di ath i> unknown or 
 inquest held where death occurs in another place than that in which the cause 
 of death happened. See also Reg. v. Ellis (2 (J. & K., -470) J. 
 
 Boioiiglt Civil 
 
 Borough Civil Court. Court. 
 
 175. — (1.) The recorder, if there is one, shall continue to be J U rou^ civil 
 the judge of the borough civil court, except in the following c °^^ ere 
 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 ( ccasion 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. 
 
 » 
 
 Tin- 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 the establishment oi new county courts by the 9 & 10 Vict. c. 95 (with their 
 inexpensive procedure and the extensive powers conferred on them by recent Aids) 
 have almost completely annulled the various borough jurisdictions. Onlj eighteen 
 out of the 17 s rit i.s and' boroughs scheduled In the Act. of 1835 arc now includi .1 m the 
 annual Judicial Returns with respect to their civil jurisdiction, and of that number 
 not more than a dozen can be said to have a publicly-recognised existence. At un- 
 frequent intervals a suit is entered in the civil court of one or other of the boroughs 
 not set out in the Judicial Returns; but so seldom does this occur, thai the fact is 
 hardly known outside the precincts of the emit. The few tribunals which can boast 
 an uninterrupted practice Bince L835 bine in e certain measure been reconstituted, 
 and raised from the state of inefficiency and disorder into which Hoy had fallen 
 p i . ions to that year, with the result of their now enjoying a deserved popularity with 
 litigants such as distinguishes the Mayor'i <'. i t of London.
 
 152 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 Borough 
 Civil Court. 
 
 Judge of 
 borousjh civil 
 court where 
 there is no 
 recorder. 
 
 Tenure of 
 judge. 
 
 (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 niay 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 imy 
 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 Ihe 
 registrar or such other person, being a barrister of five years' 
 standing or a solicitor of five yeais' practice, as the recorder 
 appoints hy 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 the 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 IS35 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, $c. of Preston (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]. 
 
 Registrar and 
 other officers 
 and fees. 
 
 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 CORPORATIONS ACT, i, 153 
 
 (i.) If and as far as ihc fees arc not so fixed, they shall Borough 
 
 1 i n i i f i • f ii -»r • • -i Civil Court. 
 
 be those usually taken beiore the passing ot the Municipal 
 Corporations Act, 183"). 
 
 [The effect of sections 110 and 124 of the Act of 1835 is preserved in this 
 claus' •] . 
 
 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 
 Rkj. v. Mayor §c. of York (3 Q. 13., 550) as to subsection 2]. 
 
 180. — (1.) Each borough civil court shall be holden for trial 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 (1,839) 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 lor mi s m 
 
 ° J procedure, 
 
 regulating the times of holding the court and the protedure, 
 
 practice, and pleadings therein, and the fees of solicitors therein, 
 
 and may by any rule revoke or alter any former rule. 
 
 [With c< upect to the practice of these courts of record, the result of the 
 several enactments which have from time to time bwen passed on the subject 
 to be that every judge of such court may from time to time make, alter, 
 an '1 revoke such rules tor appointing the tin es Eor holding such c iurt (provided 
 that it shall be held for the trial of ie ue of fact and of Law four times in each 
 year, and with no greater interval between the holding of any two succes ive 
 courts than four calendar months), Cor regulati ig the forms and manner of pro- 
 ceeding, the process, appearance, practice, and pleading in Buoh courtsj and for 
 settling the reasonable fees of th< attorneys of I e court Eor business transacted 
 therein, with a view to conducting the business of the conrt with most conve-
 
 154 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Borough 
 Civil Court. 
 
 Jurisdiction 
 cf court. 
 
 Saving for 
 borough 
 civil courts. 
 
 nienoe and at the smallest reasonable expense; such rul^s, or any order revoking 
 or altering such rules, only to he in force upon being allowed and confirmed by 
 three of the judges of the superior courts at Westminster. It would also seem 
 that these enactments 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 courts 
 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. 
 
 (3.) 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. 
 
 [The effect of section 118 of the Act of 183-5, section 9 of 6 & 7 Will. 4, 
 c. 10-5 (1836), and sections 1 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 borough civil court whereof the 
 recorder is judge, or wherein a barrister of five years' standing 
 acts as judge or assessor, to try personal actions wheiein the 
 sum sought to be recovered does not exceed twenty pounds, 
 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 other franchise is in question, 
 shall not be tried in a borough civil court which before the 
 passing of the Municipal Corporations Act, 1S35, 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 the jurisdiction of the court in the matter of the action 
 shall cease ; and the court may, if it thinks fit, award costs 
 against the party commencing the action. 
 
 [The effect of section 118 of tho Act of 1835 is preserved in this clause]. 
 
 184. — (1.) 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 MVX1CIPJL CORrORATIOXS ACT, 1882. 155 
 
 or assessor, or registrar thereof, or of any deputy of a judge, or Borough 
 
 , [, re. " , . Civil Court. 
 
 assessor, or registrar thereof, or anect the constitution or 
 
 procedure thereof; and, subject to the express provisions of 
 
 this Act, such power, jurisdiction, authority, constitution, aud 
 
 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_extend 
 
 " jurisdiction 
 
 on the ioint petition of the justices of a county in quarter of , '" 1 '""- h 
 
 J *■ •> • J- civil court. 
 
 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. 1 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! 11 
 by law exempt or disqualified, be qualified and liable to serve 
 on 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 medietate ling u a; 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 d> centre inspiciendo. 
 Those who are merely exempted from serving on juries may be classed under 
 the following heads — viz., peers; judges of the 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 civil law actually practising ; attorneys 
 and proctors duly admitted and actually practising in the courts of law or equity, 
 or in the ecclesiastical or Admiralty courts, who have taken out Heir annual 
 certificates; officers in any of these courts actually executing the duties of their 
 offices; coroners, gaolers, and keepers of houses of collection: members and 
 licentiates of the Eoyal College of Physicians in London actually practising; 
 Burgeons who are m< cabers of cue of the Royal < tolleges of Burgeons, in London, 
 Edinburgh, or Dublin, and actually practising ; apothecaries certificated by the 
 court of examiners of the Apothecaries' Company, and actually practising; 
 
 * Aldermen, councillors, the treasurer, and the town clerk, arc not exempt from 
 serving on juries for their borough, except they obtain their exemption under one or 
 other of the descriptions noted at thi end of the subsection. They are exempt from 
 ■erring on the county juries.
 
 156 THE ENGLISH MUNICIPAL CODE. 
 
 Borough officers of the army and navy on full pay; pilots licensed by the Trinity House 
 
 Juries. of Deptfofd, Hull, or Newcastle ; masters of ships in the buoy and lL<ht service ; 
 
 and pilots licensed by the lord warden of the Cinque Ports, or under any Act 
 of Parliament or charter in any other port ; the household servants of Her 
 Majesty; officers of the customs or excise; sheriffs' officers; 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 sufficient 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 anv cause then to be 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 ma}', 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 shall 
 be sufficient.
 
 TEE MUNICIPAL CORPORATIONS ACT, 1882. 167 
 
 by distress arid sale of the goods of the persoii on whom the fine 1]( > r »"'? h 
 is imposed, the fine and the reasonable charges oi the distress 
 and sale. 
 
 ("J.) 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 intlis clause.] 
 
 ,-, . . , -r, . . Exceptional 
 
 exceptional I'rofisions. Provisions. 
 
 187. — The grant to a borough of a separate commission of the ^J^ not 
 p< ace, or of a separate court of quarter sessions, shall not be ^sequent 
 prejudicially affected by any subsequent grant to or for any g ]\\\ \~^' 
 county of a commission of the peace or other commission. 
 
 [The effect of 2 & 3 Phil. & Mary, c. 18, ia preserved in this clause.] 
 188. — (1.) Until Her Majesty is pleased to direct a com- Trial of offences 
 
 v ' . committed iu 
 
 mission of over and terminer and gaol delivery to be executed counties of 
 
 J D •> cities and 
 
 within any borough being a county of 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 by a jury of persons n siding within the limits of 
 the county of such city or town corporate; which anoii nt privilege, intended for 
 other and good purposes, has in many instances heen found by experience not 
 to conduce to the ends i oe ; And whereas it will tend to the more effei tual 
 adm ni tration 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 < oacted, &c. That, from and after the 
 pasring ol this Act, in every action whether the same be transitory or local 
 which shall be prosecuted or depending in any of his Majesty's I lourts of Record 
 at Westminster, and in every indictment removed into bis Majesty's Court of 
 King's Bench by writ of certiorari, and in every in tun nation filed by his .Majesty'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 travi rse any of the 
 facl contained in the return to any writ of mandamus, it the venue in zuch 
 action, indictment, or information be laid in the i nty of any city or town cor- 
 porate within that part of Great Britain called England, or if such writ of 
 mandamus be directed to any 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 & 31 Vict. c. 77.
 
 158 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Exceptional formation or other proceeding shall be depending, at the prayer and instance of 
 Provisions. any prosecutor or plaintiff, or of any defendant, to direct the issue or issues 
 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 proper 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, that it shall and 
 may be lawful for any prosecutor or prosecutors to prefer his, her, or their bill 
 or bills of indictment, 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 inquire for the King, for the body of such adjoining county at any 
 sessions of oyer and terminer, or general gaol delivery ; And that every such 
 bill of indictment found 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 
 corporate. " 
 
 Held, that the court may direct an action the venue of which was laid in 
 the corporate district to be tried in the adjoining county. Cole v. Gane 
 (3 D. & L., 369). 
 
 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 
 sessions to a borough. Reg. v. Holdcn (8 C. & P. 656)]. 
 
 (2.) For the purposes of that Act each borough named in the 
 Sixth Schedule shall be considered as next adjoining the county 
 nanied in conjunction therewith. 
 
 [The effect of section 109 of the Act of 1835, and 38 Geo. 3, c. 52, ia 
 preserved in this clause]. 
 
 The Sixth Schedule is as follows : — 
 
 Counties to'which certain Boroughs are to be considered adjoining for 
 
 Purposes of Criminal Trials. 
 
 Berwick-upon-Tweed 
 
 Bristol . . . . 
 
 Chester 
 
 Exeter 
 
 Kingston-upon-Hull 
 
 Newcastle-upon-Tyne 
 
 Northumberland. 
 
 Gloucestershire. 
 
 Cheshire. 
 
 Devonshire. 
 
 Yorkshire. 
 
 Northumberland. 
 
 Jurisdiction 189. — Where under any Act a place has ceased or ceases to be 
 
 Bep P arat e ed from part of a borough 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 < oRPORATIOSS ACT, 1SS2. 169 
 
 PART IX. 
 
 Police. 
 
 Watch 
 
 Watch Committee; Constables. Committee; 
 
 ' Constables. 
 
 190. — (1.) The council shall from time to time appoint, for council to 
 such time as they think fit, a sufficient number not exceeding committee. 
 one third of their own body, Mho, with the mayor, shall be the 
 watch committee. 
 
 [The limit here prescribed was absent from the Act of 1835, the council being 
 empowered to appoint the mayor and a sufficient number of their own body. The 
 practice in many boroughs was to appoint the whole of the council as tho 
 " Watch 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 the Act of 1835 is preserved in this clause]. 
 
 191. — (1.) The watch committee shall from time to time Appointment, 
 appoint a sufficient number of fit men to be borough constables, powers of 
 
 borough 
 
 (2.) A borough constable 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 reponsibilities, as any constable has and is 
 
 liable to for the 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 tho 
 
 borough or in any county in which the constable is called on 
 
 to act. 
 
 [Ah to acting within the county in which tho borough is situate, sco Mellor \. 
 Leather (1 E. & 15 , 619). As to powers and how far they extend, see Reg. v. 
 Cumpton (5 Q. B. D. 341)].
 
 160 
 
 TUB ENGLISH MUNICIPAL COLE. 
 
 Watch 
 Committee ; 
 
 Constables. 
 
 Quarterly- 
 returns as 
 to borough 
 constables. 
 
 Power for 
 
 constables to 
 apprehend 
 disorderly 
 persons, &c. 
 
 (•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- 
 diction in the borough, may at any time suspend, and the 
 watdh. committee may at any time dismiss, any borough con- 
 stable 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 powers 
 vested in him as a constable by virtue 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. 
 
 [The effect of so much of section 86 of the Act of 1835 as has not been 
 repealed and 21 & 22 Vict. c. 67 (1858) 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 take bail, give bail for his appearance 
 before a justice. 
 
 [The effect of section 78 of the Act of 1835 is preserved in this clause]. 
 
 * The 3 & 4 Vict. r. 83.
 
 THE MUNICIPAL CORPORATIONS ACT, 1889. 161 
 
 194. — If a borough constable is guilt\r of neglect of dut\ r , or Watch 
 
 Committee ; 
 
 of disobedience to a lawful order, lie shall for every such offence Constables. 
 be liable on summary conviction to imprisonment for any time renames on 
 not exceeding ten days, or, in the discretion of the court, to a ile^iectof duty 
 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}. 
 
 195. — (1.) If any person assaults or resists a borough con- p ? ni £& for 
 stable in the execution of his duty, or aids or incites any person constables. 
 so to assault or resist, he shall for every such offence be liable 
 on summary conviction to a fine not exceeding five pounds. 
 
 [This subsection is equivalent to a repeal of sec. 20 of the Police of 
 Towns Act (10 & 11 Yict. c. 89), and sec. 12 of the Prevention of Crimes Act 
 (34 & 35 Vict. c. 11'2), and reduces and limits the power of justices in cities and 
 boroughs 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 with or without hard labour in default 
 of payment. In counties sec. 12 of the Prevention of Crimes Act still continues 
 in force, which for a similar offence provides a penalty not exceeding i20, or, 
 in the discretion of the court, in default of payment, imprisonment with or 
 without hard labour, for a term not exceeding six months. Section 81 of the 
 Act of 1835 is in the terms of the above, so that intermediate legislation on this 
 subject has been disregarded], 
 
 (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 effect of section 81 of the Act of 1835 is preserved in this clause]. 
 
 Special Constables. Special 
 
 Constables. 
 
 196. — (I.) 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. 
 
 (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 tho 
 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. 
 11
 
 162 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Special 
 Constables. 
 
 (3.) He shall act when so required by the warrant of a justice 
 having jurisdiction in the borough, but not otherwise. 
 
 (4.) The 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.) Nothing in this 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 Schedules. 
 
 [The effect of section 83 of the Act of 183-5, section 12 of 31 & 32 Vict, 
 c. 72 (1868), section 8 of 17 & 18 Vict. c. 102 (1854), and 1 & 2 Will. 4, c. 41 
 (1831), is preserved in this clause. See Req. v. Hulton (13 Q. B., 592). 
 
 The remuneration (which may not he paid without an order from the council) 
 referred 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 . . . . . . . . j sixpence]. 
 
 Watch Ra'e. 
 
 Levy of watch 
 rate. 
 
 Watch Rate. 
 
 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 
 pui*pose 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 maintain them in their actual 
 state, and all rates, taxes, and public charges, except tithes 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
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS2. 163 
 
 in any year eightpence in the pound on the net annual value of 7r,r/(?/ ' 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 respest 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 owners, 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 
 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 clauso. Tho notes and commi ate following tho clauses which 
 deal with tho borough fund (pages 125 to 127 ante) may he referred to here]. 
 
 198. — (1.) "Where part only of a parish is liable to watch wntrh rate in 
 
 v ' L J l tliviiloil parish. 
 
 rate, the overseers shall not pay out of tho poor rate the amount 
 of the watch rate charged by tho council on that parish, but
 
 164 THE ENGLISH MUNICIPAL CODE. 
 
 U atch Rate s h a n ma ke a separate rate or assessment on the part or parts 
 only of the parish liable to watch rate ; which rate shall he 
 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 which 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 money collected under 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 behalf 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 excused from the payment thereof, and may strike 
 out his name therefrom ; and the sum at which, he was rated 
 shall 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
 
 THE MUXICIPAL CORPORATIOXS ACT, 18S2. 165 
 
 distress and sale of the offender's goods, rendering to him the tfatch Rate. 
 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 airearages. 
 
 [The effect of sections 2, 3, 4, 5, 6, and 7 of 8 & 9 Vict. c. 110 (1815) is 
 preserved in this clause]. 
 
 199. — An v warrant required 'for the levy or collection of a Warrant for 
 
 , , , . , , J . . levy of watch 
 
 waxen rate or separate rate may be issued oy the mayor, signed rate - 
 by him, and sealed with the corporate seal. 
 
 [The effect of section 5 of 6 & 7 Will. 4, c. 104 (1S3G) is preserved in this 
 clause]. 
 
 200. — All money raised by a watch rate, or by a separate watch rate 
 ite as last aforesaid, shall go to the borough fund. borough fun 
 
 [The effect of section 92 of the Act of 1835 is preserved in this clause].
 
 166 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 PART X. 
 
 Freemen. 
 
 Definition of 
 freeman. 
 
 Freemen. 
 
 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 learned writers as to the qualifications of a "freeman " 
 or " burgess'' have been already quoted (see page 5), but another and no Jess 
 valuable 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 ham (hans-hus) or hanse-house" (being a 
 designation for the hall <>f the Common Mercatory Guild similar to that which 
 formed the germ of the institutions of the Hanse 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 included under the billowing general titles, — 
 
 Gift by the Governing Body, 
 
 Purchase, 
 
 Birth, 
 
 Marriage, 
 
 Servitude, 
 
 Membership of Trade Guilds, and 
 
 Possession or Occupancy of House or Land Property]. 
 
 202. — No person shall be admitted a freeman by gift or by 
 not by ^ft purchase. 
 
 or purchase. *■ 
 
 [The effect of section 3 of the Act of 1835 is preserved in this clause]. 
 
 The freemen's 
 roll. 
 
 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 5 of the Act of 1835 is preserved in this clause. The 
 Poll should contain the following class of persons: — 
 
 1. All persons who on the Sth 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 persms who since the 9th of September, 1835, have become entitled 
 to be and have been admitted in respect of birth, servitude, or marriage. 
 (Mawlimon' s Municipal Corporations, p. 7)]. 
 
 Madox— Firma Burgi, p. 269.
 
 THE MUNICIPAL CORPORATIONS ACT, 1SS2. 167 
 
 204. — Where a person is entitled to be admitted a freeman Freem,n. 
 for the purposes of this Part in respect of birth, servitude, or f^S i88ion *° 
 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 preserved in this clause. 
 
 Th- mayor must examine and decide all claims with reference to the charter 
 and local customs and usages of each borough. See the Hclleston 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 be in accordance with custom of borough. {Rex 
 v. East Bridgeford, S. C. 133). 
 
 A claim may be made and admission allowed as late even as the day of 
 election. Seethe Okehampton case (1 Frazer, 166). 
 
 When once admitted and enrolled a party can be removed only by the High 
 Court of Justice. 
 
 See the cas>:S relating to apprenticeships generally for qualifications and 
 claims by servitude]. 
 
 205. — (1.) Every person who had before the passing of the Reservation 
 Municipal Corporations .Act, 1835, been admitted a freeman, or property to 
 
 *■ L m t fireem in aiid 
 
 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 
 (ft.) 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, 
 18 : J5, or this Act, had not been passed. 
 
 [The effect of sections 2 and 3 of the Act of 1835 is preserved in this clause. 
 All persons who before the passing of the Act of 1836 were entitled to and 
 possessed of corporate benefits, by virtue of any usage, custom, bye-law or 
 otherwise are confirmed in them. Sic Hopkins v. Mini")- fc. of Swansea 1 4 ftl. & 
 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 
 cornpulsorily under the Lands Clauses Act. Held thai the purchase money 
 should be invested in other land for the same purpose, and thai till this < 
 done it should be invested and the dividends paid to Hie resident fire imen at the 
 same time in each year as they had been accustomed to enjoy their common 
 rights. Nash v. Coombs (L. R., 6 Eq., 61).
 
 168 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Freemen. 
 
 Limit of value 
 and saving- as 
 to conditions 
 precedent. 
 
 Saving for 
 power to 
 question right. 
 
 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 benefit the 
 net proceeds of certain properties vested in the Corporation. Held, on 
 demurrer, that (he effects of the saving of rights in sect. 2 of The Municipal 
 Corporations Act of 1835 was to legalise the beneficial interests therein men- 
 tioned, without reference to the legality of their origin, and in particular, to 
 obviate any objection which might otherwise arise in respect of the tendency 
 towards a perpetuity of any such beneficial interest. 
 
 An action to establish such rights as aforesaid may be brought by parties 
 claiming to be entitled, without an information by the Attorney- General. 
 
 In such an action it was held on demurrer that in order to enable the 
 plaintiffs 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. Prestney v. Mayor and Corpora- 
 tion of Colchester and the Attorney-General, 21 Ch. Div. 11 lj. 
 
 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 the 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, 
 officer, 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 effect of section 2 of the Act of 1835 is preserved in this clause]. 
 
 207. — Nothing in this Act shall strengthen or confirm any 
 claim, 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 been passed. 
 
 [The effect of section 2 of the Act of 1835 is preserved in this clause].
 
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 169 
 
 208. — (1.) Nothing before in this Part contained shall r^-emm. 
 apply to any claim, right, or title of a freeman or of any person Reservation 
 to any discharge or exemption from any tolls or dues levied cx " 
 
 J ° A *^ to freemen 
 
 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 section 2 of the Act of 1835, and section 9 of 6 & 7 Will. 4, 
 c. 101 (1836), is preserved in this clause] . 
 
 209, — (1.) Every person who, if the Municipal Corporations Reservat'on oi 
 Act, 1835, had not been passed, would have enjoyed as a free- franchise.&c. 
 man, or might thereafter have acquired, in respect of birth or 
 servitude, as a freeman, the right of voting in a parliamentary 
 election, shall be entitled to enjoy or acquire that right as if 
 tli at 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 effect of section 4 of the Act of 1835, and 1 & 2 Vict. c. 35 (1838), 
 is preserved in this clause].
 
 170 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 PART XI. 
 
 Grant of GRAKT OF ChARTEKS. 
 
 Charters. 
 
 Power to Crown 210. — If on the petition to the Queen of the inhabitant 
 SStarto* householders of any town or towns or district in England, or of 
 extend to it the any of those inhabitants, praying for the grant of a charter of 
 theM S un?cipai incorporation, Her Majesty, by the advice of Her Privy 
 Acts.° rE 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 of section 3 of 40 & 41 Vict. c. 69 (1877) 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 he exercised, are, however, so 
 important, that it will be useful to state 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 Butter 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 the Crown may grant the charter to a part only (to be denned 
 therein) of a town or borough, and need not grant it to the whole of the 
 inhabitants 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
 
 THE MVXICirAL CORPORATIONS ACT, 1882. 171 
 
 within the meaning of the Acts ; (the direction of the learned judge at the Grant of 
 trial being that, notwithstanding such last petition, the Crown had power, Charters. 
 in his opinion, to grant the charter by virtue of the first petition, which 
 direction was also correct). 
 
 6. That the Crown, in the charter, besides defining the district within 
 which the powers and jurisdiction of the 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 appoint, 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 warranto against an individual to try the 
 legality of a charter of municipal incorporation. Reg. v. Jones (3 L. T., N. S., 
 503). 
 
 The court will not inquire into the validity of 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 possessirg a body corporate, but not named in the schedules to 5 & 6 
 Will. 4, c. 76, confers upon it the same powers and piivileges 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 different, and 
 the property of the old corporation becomes vested in the new by virtue 
 of the charter. — Attorney-General v. Avon [Fort-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, s. 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 compound householders (under 13 & 14 Vict, 
 c. 95) as well as ratepayers. — Reg. v. Mayor, Aldermen, and Burgesses of Aberavon 
 (13 W. R.,90)]. 
 
 211, — (1.) Every petition for a charter under this Act shall Reference to 
 
 . Committee of 
 
 be referred to a Committee of the Lords of Her Maiesty s coimcii, and 
 
 u notice "i 
 
 Privy Council (in this Part called the Committee of Council), petition for 
 
 ^ v ... charter. 
 
 (2.) One month at least before the petition is taken into 
 consideration by the Committee of Council, notice thereof 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 ' iniKons,' says a learned commentator upon the Act of 1835, 
 it is apprehended that h corporation would be included, and would consequently be 
 entitled to the protection afforded by this section." In several cases the word 
 " person," in a similar clause as to actions, has been held tn include an Incorporated 
 
 compiin y.
 
 172 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Power by 
 
 charter to 
 settle wards, 
 and by fixing 
 dates and 
 otherwise to 
 adapt the 
 Municipal 
 Corporations 
 Acts to first 
 constitution of 
 new borough. 
 
 Oram of ag the Committee direct for the purpose of making it known 
 
 Charters. „ . . L l ° 
 
 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 Her 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 any), and to assign the 
 number of councillors to each ward ; and 
 (b.) To fix the years days and times for the retirement of 
 
 of the first aldermen and councillors ; and 
 (c.) 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 necessary 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 persons 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, a8 
 the officers and persons mentioned in those Acts for whom they 
 are respectively substituted. 
 
 (3.) Subject to the provisions of the charter authorized by 
 this section, the Municipal Corporations Acts shall, on the 
 charter coming into effect, apply to the municipal borough to 
 which they are extended by the 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. c. 69 (1877) is preserved in this 
 
 clause] . 
 
 Bchemefor 213. — (1.) Where a petition for a charter is referred to the 
 
 aboiit n ioroTaud Committee of Council, and it is proposed by the charter to 
 
 adjustment of
 
 THE MUNICIPAL CORPORATIOXS ACT, 1882. 173 
 
 extend the Municipal Corporation Acts to the municipal Grant °f 
 borough to be created by the charter, the Committee of Council 
 may settle a scheme for the adjustment of the powers, rights, local 
 
 privileges, franchises, duties, property, and liabilities of any officers, 
 then existing local authority whose district comprises the 
 whole or part of the area of that borough, either with or with- 
 out 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 
 Ci uncil to be necessary or proper for carrying into effect the 
 said adjustment as regards any local authority existing at the 
 time of tiie making of the scheme, may contain provisions for 
 the continuance of that authority, or for the abolition total or 
 partial of that authority, or for the creation of another authority or 
 authorities, and the alteration of the district of the existing local 
 authority, and {he_u nion or the r relation of the existing 
 local authority and the authority or authorities so created, ancTTor 
 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 existmg 
 local authority, and may contain such provisions as appear to 
 the Committee of Council to be necessary or proper for fully 
 carrying into effect 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 against it 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 
 tho withdrawal of any petition that has been presented, the
 
 174 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Grant of 
 Charters. 
 
 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 
 Majesty 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 Municipal 
 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 authority can exercise 
 any powers or rights. 
 
 [The effect of section 6 of 40 & 41 Vict. c. 69 (1877) is preserved in this 
 clause] . 
 
 Supplemental 
 provisions as 
 ■to scheme 
 and charter. 
 
 214. — (1) A scheme shall, before being settled by the 
 Committee of Council, be referred 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, 1861 1, 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 constituted the Urban Sanitary Authority of the borough. The following city 
 and boroughs (thirteen in number) have a local body distinct from the council acting as 
 the Urban Sanitary Authority: — Banbury, Blandford, Colne, Cambridge, Chippenham, 
 Faversharn, Folkestone, Launceston, Lyme .Regis, Lyrnhigton, Morpeth, Oxford and 
 Wenlock. 
 
 t The 24 & 25 Vict. c. 47.
 
 TSE MUNICIPAL CORPORATIONS ACT, 188S. 175 
 
 new borough within the jurisdiction of the council as the G,<UI ' °f 
 
 ° , J 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 ox 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 them, either together with the petition for a 
 charter, or at any subsequent period. 
 
 2. The draft 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 scheme in such manner as they think proper. 
 
 7. If while 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 
 previously to the making of the scheme have been complied with, and that the 
 scheme has been duly made, and is within the powers of this Act. 
 
 (4.) If the Committee of Council are satisfied that a local 
 
 authority 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 execution of their duties, the Committee of 
 
 Council may order those costs to be so paid, and they shall be 
 
 paid accordingly. 
 
 [The effect of section 7 of 40 & 41 Vict. c. 69 (1877), and section 2 of 24 & 25 
 Vict. c. 47 (1861), is preserved in this clause]. 
 
 215. — Nothing; in anv scheme or in tho Municipal Corpora- Provision as to 
 
 **■»■'' © J f l police lover m 
 
 tion Acts shall authorize the establishment in a borough to ucw borough. 
 which a charter is granted under this Act of a new separate 
 police force not consolidated with the county police force, 
 unless the district incorporated by the charter contained twenty
 
 176 THE ENGLISH MUNICIPAL CODE. 
 
 Grant of thousand inhabitants or upwards, according to the census taken 
 
 Charters. i . ' . & 
 
 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 numher of cities and boroughs which have a separate police force 
 in 1882 is 158 ; those with a population under 5,000 and therefore not 
 entitled to a Treasury contribution (see 19 & 20 Vict. c. 69, s. 17) in aid of the 
 maintenance, &c, number 25] . 
 
 charted ° f 216. — (1.) A charter 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 Her 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) is preserved in this 
 
 clause]. 
 
 Power to 217. — Where a charter was granted to a borough within 
 
 settle scheme in ipa t 
 
 case of recent seven years before the fourteenth of August one thousand eight 
 hundred and seventy-seven, the Committee of Council, on the 
 petition to the Queen of the council of the borough, or of any 
 existing local authority whose district comprises the whole 
 or any part of the area of the borough, either with or without 
 any adjoining or other place, may settle a scheme under this 
 Act in like manner as if the petition for the grant of a charter 
 to the borough had been referred to the Committee of Council 
 after the commencement of this Act, and the provisions of this 
 Act with respect to a scheme shall apply accordingly, with the 
 necessary modifications ; and if witbin one month 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 withdrawn 
 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 218. — ( 1.) Where a scheme for a borough has been confirmed 
 
 amend scheme. •**■**• \ / o 
 
 under this Part, or any former enactment, and the municipal 
 corporation of the borough or one twentieth of the owners and 
 ratepayers of the borough (estimated as in this Part mentioned),
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS2. 177 
 
 or a local authority affected by the scheme, petition the Queen *£J*j£ 
 for an amending scheme, the petition shall be referred to a 
 Committee of the Lords of Her Majesty's Privy Council 
 (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 confirmation, 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 scheme 
 were part of this Act. 
 
 12
 
 178 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Legal 
 Proceedings. 
 
 Prosecution of 
 offences and 
 recovery of 
 fines. 
 
 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]. 
 
 (2.) Any person aggrieved by a conviction of a court of 
 summary 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 183-5 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 preserved in this clause. An 
 order of the borough quarter sessions in the case of an appeal against a borough 
 rate (in the nature of a county rate) cannot be removed by certiorari. Reg. v. 
 Justices of Ripon (7 A. &E., 417)]. 
 
 penalties in ° f 221.— (1.) Where by any Act passed or to be passed, any 
 boi a ougis ession8 ^ ne > P enar ty, 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 
 same if recovered and adjudged before any justice of a borough 
 having a separate court of quarter sessions shall, notwith- 
 standing anything in the Act under which it is recovered, be 
 
 Exclusion of 
 certiorari.
 
 THE MUNICIPAL CORPORATIONS ACT, 188% 179 
 
 recovered for and adjudged to be paid to the treasurer of the gjjj^^ 
 
 borough. 
 
 (This would apply to penalties for obstructing railway officers in their duties. 
 
 See Attorney-General v. Moors (3 Ex. I). 276) ; also to certain fines under the 
 
 imentary and Municipal Registration Act. See section 3 of that Act (41 & 
 
 42 Vict. c. 26). . 
 
 Where 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 tn usurer 
 of the county if the borough had not a separate court of quarter sessions. See 
 Mayor of Rebate v. Hart (L. E., 3 Q. B., 244), and Winn v. Mossman (L. E., 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 informer 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]. 
 
 ooo — Where the offices of town clerk and clerk of the peace Duties of clerk 
 
 *"**■" of peace as to 
 
 for a borough are not held by the same person, the clerk of the ^"^ 
 peace shall perform all duties imposed on the town clerk by the 
 Act of the third year of King George 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^* 
 appearance, warrant for apprehension, or search warrant, may, wa 
 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 effect 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 
 
 ivari'unt.
 
 130 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 Legal 
 Proceedings. 
 
 Procedure in 
 penal wctions 
 against 
 corporate 
 officers. 
 
 or executed by the constable or special constable whom it is 
 directed. 
 
 [The effect of section 101 of the Act of 1S35 is preserved in this clause. See 
 under section 158, page 139 ante. 
 
 224. — (1.) An action to recover a fine from any person for 
 acting in a corporate office without having made the requisite 
 declaration, or without being qualified, or after ceasing to be 
 qualified, or after becoming disqualified, may not be brought 
 except by a burgess of the borough, and shall not lie unless 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 hurgess. Simpson v. 
 Heady (12 M. & W., 736). 
 
 See Mayor and Corporation of Harwich v. Gant (5 E. & B., 182). Where 
 penalty has been recovered as to corporate title to moiety]. 
 
 (2.) The court or a judge shall, on the application of the 
 defendant within fourteen davs after he has been served with 
 
 mi 
 
 writ of summons in the action, require the plaintiff to give 
 security for costs. 
 
 (3.) Unless judgment is given for the plaintiff, the defendant 
 shall be entitled to costs, to be taxed as between solicitor and 
 client. 
 
 (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 the 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 
 and mandamus . 
 
 225. — (!•) An application for an information in the nature 
 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. Six years was for a long time the limit, but 
 the obvious inconvenience of interfering with the holder of an office after he had 
 been in the enjoyment of it for a long periud was so frequently made manifest 
 that the liujit was reduced to twelve months by 7 Will. 4 and 1 A r ict. c. 78. 
 The court may in its discretion refuse an application, even if made within twelve 
 months, if they think there has been undue delay. Beg. v. Hodson (4 Q. B 
 648, n.)].
 
 TEE MUNICIPAL CORPORATIONS ACT, 18S*. 181 
 
 (2.) In the case of such an application, or of an application ggj^^ 
 for a mandamus to proceed to an election of a corporate officer, 
 the applicant shall give notice in writing of the application 
 to the person to be affected thereby (in this section called the 
 respondent) 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 na)ne and description of 
 the applicant, 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. 
 
 (6.) 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 for the information or mandamus absolute. 
 
 [L. C J. Abbott lays down the general rule :— " In the case of individual 
 members of the corporation, it is wholly within the discretion of the court to 
 say whether such an information should he granted or refused." Rex v. Trevenen 
 
 (2B & A., 479). 
 
 Where individuals apply it is discretionary with court to grant or refuse rule. 
 Reg. v. Ward (L. R., 8 Q. B., 210). Lord Mansfield has expresse 1 the principle 
 guiding " No precise rule can he laid down in these cases ; hut all the circum- 
 stances of the case taken together must govern the discretion of the court." Rex 
 v. Stacey (IT. R.,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 
 "Westminster. 
 
 (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 Will. 4 and 1 Vict. c. 78 (1837), and sections 1 
 and 5 of 6 <fc 7 Vict. c. 89 (1843), is preserved in this clause]. 
 
 for 
 
 f 
 
 226 — (1.) An action, prosecution, or proceeding against Provisions f 
 any person for any act done in pursuance or execution or in- persons a 
 tended execution of this Act, or in respect of any alleged neglect 
 or default 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 tha '.-.xf. <ati 
 of this Act" are an addition to the provisions of former statute ,n:t Ithe 
 view of extending protection to such cases].
 
 182 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Legal 
 Proceedings. 
 
 Power for 
 borough 
 constables to 
 take bail. 
 
 (2.) Where the action is for damages, tender of amends 
 before the action was commenced may, in lieu of or in 
 addition to any other plea, be pleaded. If the action was 
 commenced after the tender, or is proceeded with after payment 
 into court of any money in satisfaction of the plaintiff's claim, 
 and the plaintiff does 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 shall not affect costs on 
 any injunction in the action. 
 
 (3.) Subject and without prejudice to any other powers, the 
 council, where the defendant in any such action, prosecution, or 
 other proceeding is their officer, agent, or servant, may, if they 
 think fit, except so far as the court before which the action, 
 prosecution, or other proceeding is heard and determined 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 Burg. n. c. 669). See also Cortis v. Kent Waterworks 
 Company (7 B. & C, 314). 
 
 " Commencement " dates from information or proceedings before magistrates. 
 Rex v. Stokes (2 M. & SeL, 72.) 
 
 The chief constable of a borough having by the direction of borough 
 magistrates, laid an information against a person for conspiracy, an action 
 for malicious prosecution was brought by such person against him, and a 
 verdict recovered for £200. Held, that it was not competent to 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. Qaere whether such inability would be hereby 
 removed]. 
 
 227. — CI.) "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 thinks 
 fit, take bail without fee from that person, by recognisance 
 conditioned for his appearance for examination within two days 
 before a justice in the borough at some time and place therein 
 specified.
 
 THE MUNICIPAL CORPORATION'S ACT, 1882. 1S3 
 
 (2.) A recognisance so taken shall be of equal obligation on Lc 9 al 
 
 v/ ° . - ,. , , . ., Proceedings. 
 
 the parties entering into the same, ana liable to the same pro- 
 ceedings for the estreating thereof, as if taken before a justice. 
 
 (3.) The constable shall enter in a book, kept for that purpose 
 in every watch-house, the name, residence, and occupation of 
 the person entering into the recognisance, and of his surety or 
 sureties, if any, with the condition of the recognisance, and the 
 sums acknowledged. 
 
 (4.) The constable shall lay the book before the justice 
 present at the time when and place where the recognisor is 
 required to appear. 
 
 (5.) If the recognisor does not 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, with a certificate at the back thereof, signed by the 
 justice, that the recognisor has not complied with the obligation 
 therein contained. 
 
 (6.) The clerk of the peace shall make the like estreats and 
 schedules of every such recognisance as of recognisances for- 
 feited 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 
 otherwise, the recognisance for his appearance before a justice 
 shall be discharged without fee- 
 
 [The effect of section 79 of the Act of 1835 is preserved in this clauses.
 
 184 
 
 THE EXGLISE MUX I C IF A L COB IS. 
 
 PART XIII. 
 
 General, 
 
 Boundaries. 
 
 Boundaries of 
 boroughs and 
 transfer of 
 parts to 
 counties, 
 
 Boundaries. 
 
 228. — (!•) Every place at the commencement of this Act 
 included within each borough then existing, ana no other 
 place, shall be part of the borough, and in each borough then 
 existing which is a eounty of itself, shall be part of that county 
 and of no other, as if this Act had not been passed. 
 
 (2.) Where under the Municipal Corporations Act, 1835, or 
 any Act amending it, any such county or borough does not, 
 at the commencement of this Act, include a place which, before 
 the passing of the Municipal Corporations Act, 1835, was part 
 thereof, that place shall continue to be part of the county, 
 wherein it is situate, or with which it has the longest common 
 boundarj^, as if this Act had not been passed. 
 
 (3.) But nothing in this 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, 1835, 
 was, and at the commencement of this Act is, taken to be, for 
 any purpose, in any county, from being still, for that purpose, 
 taken to be in that county, as if this Act had not been passed. 
 
 (4.) Any gaol, court, depot for arms, and any land thereto 
 belonging, which at the commencement of this Act is parcel of 
 a county shall continue to be parcel of the county and under 
 the exclusive jurisdiction of the authorities of the county, as 
 if this Act had not been passed. 
 
 (5.) Xothing 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.
 
 THE MUNICIPAL CORPORATIONS ACT, 188S. 185 
 
 as such commissioners then exist ; but all lands, and all parishes, Roundariea. 
 
 parts of parishes, and places shall continue to be charged as at 
 
 the commencement of this Act towards the land tax charged 
 
 on the county or other district whereof at the commencement 
 
 of this Act they are part, and to be subject in that behalf to 
 
 the jurisdiction of the commissioners of the same county or 
 
 other district, as if this Act had not been passed. 
 
 [The effect of sections 7 and 8 of the Act of 1835, sections 1. 2 and 5 of G & 
 7 Will. 4, c. 103 (1836), and section 41 of 7 Will. 4 and 1 Vict. c. 78 (1837), is 
 preserved in this elan 
 
 229. — If any place, which under the Municipal Corporations Mjnstment 
 
 Act, 1835, or any Act amending it, ceased to be included in a Jj^gj , ( ^ fl 
 
 borough or county of a town or city, was before the passing of {^g^ 
 
 the Municipal Corporations Act, 1835, liable to contribute to 
 
 any rate for satisfying any lawful debt to which the ratepayers 
 
 of that borough or county were then liable, and if after the 
 
 commencement of this Act any difference arises concerning the 
 
 proportion of that debt to be contributed in respect of that 
 
 place, the Secretary of State, on the application of the council, 
 
 or of the chairman of a public meeting of the ratepayers of 
 
 the place, may appoint by writing under his hand a barrister 
 
 not having any interest in the question to arbitrate between 
 
 the parties, and by his award under his hand and seal to assess 
 
 the proportion aforesaid, if any ; and the arbitrator shall assess 
 
 the costs of the arbitration, and direct by whom and in what 
 
 proportion and out of what fund they shall be paid ; and the rate 
 
 aforesaid shall continue to be levied by warrant of the council 
 
 and to be paid by the place aforesaid to the treasurer of the 
 
 borough, as if the Municipal Corporations Act, 1835, or any 
 
 Act amending it, or this Act, had not been passed, until the 
 
 proportion aforesaid, is satisfied, and. no longer. 
 
 [The effect of section 8 of the Act of 1835, and section 1 of 6 & 7 Will 4, 
 c. 103 (1836), is preserved in this clause]. 
 
 Time. Time. 
 
 230. — (1.) Where by this Act any limited time from or Computation 
 
 «--"•'• \ J J J of time. 
 
 after any date or event is appointed or allowed for the doing 
 of any act orthe taking of any proceeding, thon 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 ;
 
 186 
 
 TEE ENGLISE MUNICIPAL CODE. 
 
 Time. 
 
 Distance. 
 
 Measurement 
 of distances. 
 
 Notices. 
 
 Notices on 
 town hall. 
 
 Inspection 
 and Copies. 
 
 Inspection of 
 documents. 
 
 and the act or proceeding shall be done or taken at the latest 
 on the last day of the limited time as so computed, unless the 
 last day is a Sunday, Christmas day, Good Friday, or Monday 
 or Tuesday in Easter week, or a day appointed for public fast, 
 humiliation, or thanksgiving, in which case any act or pro- 
 ceeding shall be considered as done or taken in due time if it ia 
 done or taken on the next day afterwards, not being one of the 
 days in this section specified. 
 
 (2.) Where by this Act any act or proceeding is directed or 
 allowed to be done or taken on a certain day, then if that day 
 happens to be one of the days in this section specified, the act 
 or proceeding shall be considered as done or taken in due time 
 if it is done or taken on the next day afterwards, not being one 
 of the days in this section specified. 
 
 (3.) Where by this Act any act or proceeding is directed or 
 
 allowed to be done or taken within any time not exceeding 
 
 seven days, the days in this section specified shall not be 
 
 reckoned in the computation of such time. 
 
 The effect of 3 & 4 Will. 4, c. 31, section 30 of the Act of 1835, section 25 
 of 7 Will. 4 and 1 Vict. c. 78 (1837), section 25 of 35 & 36 Vict, c. 60 (1872), 
 and section 11 of 38 & 39 Vict. c. 40 (1875), is preserved in this clause]. 
 
 Distance. 
 231, —The distances mentioned in this Act shall be measured 
 in a straight line on a horizontal plane, and may be determined 
 by the map made under the survey commonly known as the 
 Ordnance Survey. 
 
 [The effect of section 1 of 32 & 33 Vict. c. 55 (1869), and section 76 of 
 6 & 7 Vict. c. 18 (1843), is incorporated in this clause]. 
 
 Notices. 
 232. — Any notice or other document required by this Act 
 to be fixed on the town hall shall be fixed in some conspicuous 
 place on or near the outer door of the town hall, or, if there is no 
 town hall, in some conspicuous place in the borough or ward to 
 which the notice or document relates. 
 
 [Church and chapel doors where there is no town hall, would meet the require- 
 ments of this section]. 
 
 Inspection and Copies. 
 233, — (1.) The minutes of proceedings of the council shall 
 be open to the inspection of a burgess on payment of a fee of 
 one shilling, and a burgess may make a copy thereof or take an 
 extract therefrom.
 
 THE MUXIClFAL CORPORATIONS ACT, 188t. 187 
 
 (2 ) A buro-ess may make a cony of or take an extract from Inspection 
 
 v '' ° J L J and Copws. 
 
 an order of the council for the payment ot 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, — 
 
 (a.) Obstructs any person authorized to inspect the same in 
 making such inspection thereof as in this section 
 mentioned ; or 
 (b.) 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. 
 
 Fees. 
 
 234. — The town clerk of every borough shall cause a true Tables of fees 
 copy of the tables of fees for the time being authorized to be 
 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 ;
 
 188 TEE ENGLISH MUNICIPAL CODE. 
 
 Feea - (b.) The room, if any, where the justices of the borough sit 
 
 for transacting- their business; 
 (c.) The room, if any, where the court of quarter sessions of 
 
 the borough is held ; and 
 (d.) The room, if any, where the borough civil couit is held. 
 [The effect of section 125 of the Act of 1835 is preserved in this clause]. 
 
 B$£L. Seals and Signatures. 
 
 Forgery. 235. — If any person forges the seal or signature affixed 
 
 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 & 37Vict.c. 33 (1873) is preserved in this clause] . 
 Applications 
 
 to Treasury. Applications to Treasury. 
 
 app-ication 236. — (1 •) Where the council intend to apply to the Treasury 
 
 co^resnondenre f° r their approval of any sale, loan, or other financial arrange- 
 with Treasury. men ^ unc [ er 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, notice of 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 1835, aDd sections 8 and 9 of 23 & 24 
 Vict. c. lb (1860), is preserved in this clause]. 
 
 Deputy. Deputy. 
 
 not S to be eputy 237. — ^° defect in the appointment of a deputy under this 
 
 L7def d ect e hi Act sha11 invalidate his acts. 
 
 appointment 
 
 „ Overseers. 
 
 Overseers. 
 
 Notices to 238. — (1.) Every matter by the Municipal Corporations Acts 
 
 overseers. directed to be done by overseers may be lawfully done by the 
 major part of them-
 
 ter 
 
 THE MUNICIPAL CORPuRATloyS At T. 1882. 1S» 
 
 (2.) Any notice by the Municipal Corporations Acts required Overutr$. 
 to be given to overseers may be delivered to auy one of them, 
 or left at his place of abode, or at his oiiice for transacting 
 parochial business. 
 
 [The effect of section 14 of 10 & 17 Vict. c. 79 (1S53) is preserved in this 
 clause]. 
 
 Declarations and Oaths. and Oaths. 
 
 239. — (1.) Where by or under this Act a declaration or oath Power to 
 is required to be made or taken by the holder of a corporate oaths, 4c 
 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, 1868,* or otherwise by law, if this Act had not 
 been passed, or interfere with the operation of the Promissory 
 Oaths Act, 1868. 
 
 [The effect of section 104 of the Act of 1835, and section 3 of 6 & 7 Will. 4, 
 c. 105 (1836), is preserved in this clause]. 
 
 Forms. Formgm 
 
 240. — The forms in the Eighth Schedulef or forms to the Forms in 
 
 schedule. 
 
 like effect, varied as circumstances require, may be used, and 
 shall be sufficient in law. 
 
 Misnomer or 
 
 Misnomer or Inaccurate Description. Inaeeurate 
 
 1 Description. 
 
 241. — No misnomer or inaccurate description of any person, Misnomer or 
 body corporate, or place named in anv schedule to the Municipal description 
 
 _ . -ioo^ • n t j. j.- x- not to hinder. 
 
 Corporations Act, 183a, or in any roll, list, notice, or voting 
 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. Tho 
 case of Mather \ . Broun (L. It., 1 0. P. D., o'jG), (ante pages 65 and 73) is horeby 
 provided for]. 
 
 • The 31 & 32 Vict. c. 72. f Bee those forms at page 201 et acq.
 
 190 
 
 1HE ENGLISH MUNICIPAL CODE. 
 
 Substitution in 
 former Acts. 
 
 Provision for 
 re Terences in 
 unrepealed 
 enactments to 
 6 & 6 Will 4, 
 c. 73, &c. 
 
 Short titles of 
 Acts partly 
 repealed. 
 
 Returning 
 Officers at 
 Parliamentary 
 Elections. 
 
 Mayor of 
 certain 
 boroughs to 
 be returning 
 officer in 
 parliamentary 
 elections. 
 
 Substitution informer Acts. 
 
 242. — (1.) In the several enactments described in Part I. of 
 the Ninth Schedule, 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. 
 
 (2.) In each of the enactments described in Part II. of the 
 Ninth Schedule, there shall be substituted for the respective 
 provision of the Municipal Corporations Act, 1835, in that part 
 mentioned in connexion therewith, such provision of this Act 
 as is also mentioned in connexion therewith. 
 
 (3.) Where 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, except 
 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 officer 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 effect of section 57 of the Act of 1835 is preserved in this clause].
 
 THE MUNICIPAL CORPORATIOXS ACT, 1882. 191 
 
 Disfranchised 
 
 Disfranchised Parliamentary Boroughs. Tariiamentary 
 
 * jjOYGMy nS, 
 
 245. — Where a borough has, in pursuance of the Peprescnta- Electors in 
 
 ~ . -^ , • -• /-./-> ~ jl. r> 4 t • ^i_ disfranchised 
 
 tion of the People Act, 186/,* or of any Act passed m the boroughs. 
 session of the thirty-first and thirty-second years of the reign of 
 Her Majesty, 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 bylaw 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. 
 
 946 — In the Act of the ninth year of the reign of King Explanation of 
 
 ^ . terms " town 
 
 George the Fourth, chapter sixty-one, " to regulate the granting corporate," ftc. 
 
 » r •> -i-ii-i in Licensing 
 
 of licences to keepers of inns, alehouses, and victualling houses Act. 
 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 (1SG1) is preserved in this 
 clan-' J. 
 
 Freedom of Trading. Freedom of 
 
 J Trading. 
 
 247 — Notwithstanding; any custom or bye-law, every person Ri K i,tof free 
 
 i i c n i l tradingin 
 
 in any borough may keep any shop for the sale ot all lawtul borougus. 
 
 wares 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 preserved in this clause]. 
 
 Cinque Ports. cinque Tort*. 
 
 248.— (1.) The boroughs of Hastings, Sandwich, Dover, g S? on8M 
 
 to certain of tho 
 , , — Oinque Ports, 
 
 • The 30 & .'(1 Vict ('. 102.
 
 192 THE ENGLISH MUNICIPAL CODE. 
 
 Cinque Ports. Hythe, being four of the Cinque Ports* and the borough of 
 Eye, are in this section referred to as the live boroughs. 
 
 (2.) The jurisdiction, powers, and authorises 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 quarter sessions. 
 
 (3.) The jurisdiction, powers, and authorities of the persons 
 constituted justices within and throughout the liberties of the 
 Cinque Ports by virtue of their commission, shall extend to all 
 places being within 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-corporate members and liberties of the five 
 boroughs and such corporate members thereof as have not a 
 
 * Tlie following list of the Cinque Ports, &c. (omitting New Romney (Cinque Port) 
 and Winchilsea ancient town, &c), with their 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 dis- 
 tricts. The abbreviation " qr. sess." 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 those boroughs which are under this Act, the 
 others being governed under their special charters or the charters of the Cinque Ports. 
 The Cinque Port of New Romney and the ancient town and liberty of Winchilsea (Rye 
 being also an ancient town and liberty) are not included in the section, doubtless 
 owing to neither of them coming within the provisions of this Act : — 
 * Dover (Cinque Port — qr. sess.). I Walmer (parish). 
 
 Folkestone (corporate member — qr. Ramsgate (parish) 
 
 sess.). Sar re (village). 
 
 * Faversham (corporate member — qr. 
 
 sess.). 
 
 * Margate (corporate member — qr. 
 
 sess.). 
 St. John (parish). 
 Birchington (parish). 
 Woodchurch (parish). 
 St. Peter's (parish). 
 Kingsdown (hamlet). 
 Ringwood (parish). 
 Sandwich (Cinque Port — qr. sess.). 
 Fordwich (corporate member — com. 
 P.). 
 
 * Deal (corporate member — qr. sess.). 
 
 Brightlingsea (parish). 
 Hastings (Cinque Port — qr. sess.). 
 Pevensey (corporate member — qr. 
 
 sess.). 
 Seaford (corporate member — qr.sess.). 
 Petit Hiam (liberty of Hastings). 
 Beaksbourne (parish). 
 Grange (hamlet). 
 Liberty of Sluice (in Bexhill). 
 Hythe (Cinque Port — qr. se*s.l. 
 Rye (ancient town and liberty — qr. 
 sess.). 
 * Tenterden (corporate member — qr. 
 sess.).
 
 TEE MUNICIPAL CORPORATIONS ACT, 1SS2. 193 
 
 separate court of quarter sessions shall be charged by the Cinque Ports. 
 respective courts of quarter sessions of the five boroughs, with 
 a due proportion of all those expenses 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 affecting 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. Cambridge. 
 
 249. — (1.) It shall be lawful for the Queen, from time to v,ce-0hane 
 time, by her commission of the peace for the borough of Cam- ° 
 bridge, to constitute the Vice-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 
 privileges which the Vice-Chancellor lawfully has or enjoys, or 
 might have lawfully had or enjoyed if he were not so consti- 
 tuted a justice. 
 
 [The effect of section 12 of 6 & 7 Will. 4 c. 105 (183G) is preserved in this 
 clause]. 
 
 Saving*. Saving** 
 
 250. — (1 ) Nothing in this Act shall prejudicially affect any Saving for 
 charter granted before the commencement of this Act, or take corporation* 
 away, abridge, or prejudicially affect any of the tights, powers, 
 
 • The 32 & 33 Vict. c. 53. 
 
 13
 
 194 THE ENGLISH MUNICIPAL CODE. 
 
 Saving?. privileges, 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 whole of these subsections constitute a general saving for existing 
 corporations]. 
 
 saving for 251.— Nothing in this Act shall alter the effect of any local 
 
 local Acta . „ -,-* 1 . , 
 
 Act oi rarliament. 
 
 [The effect of section 4 of 6 & 7 Will. 4, c. 103 (1836) is preserved in this 
 clause]. 
 
 * .See Appendix, page 227, for list of boroughs named in Schedules of the Act of 1835-
 
 THE MUNICIPAL CORPORATIOXS ACT, 18818. 195 
 
 252- — Nothing in this Act, except the provision referring to Swing*. 
 the Ninth Schedule, shall affect the Prison Act, 1865,* or the g*™** * 
 
 irllSOU -A.CL3. 
 
 Prison Act, 1877, t and nothing in this Act shall affect the Act 
 of the session of the fifth and sixth years of Her 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, L850,| 
 or in any other Act, is virtually repealed or superseded by the 
 Prison Act, 18G5, or the Prison Act, 1877. 
 
 953 — Nothing- in this Act shall compel the acceptance of any Savine for 
 office or duty whatever in any borough by any military, naval naval officers, 
 or marine officer in Her Majesty's service on full pay or half 
 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 
 commissioned 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. 140J. 
 
 254. — Nothing; in this Act shall affect the watching, paving, saving for 
 **v ■*■ o oj i. <.) docKyarda, 
 
 or lighting-, or the internal regulations for the government of barracks, &o. 
 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 1835 is preserved in this clause]. 
 
 255. — Nothing in this Act shall affect the authority of justices Savin* as to 
 
 ***"■" o j j Admiralty. 
 
 vested in the Commissioners for executing the office of Lord 
 High Admiral of the United Kingdom, or any authority to 
 appoint coroners to act within the jurisdiction of the Admiralty. 
 
 [Tho 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 Vict. c. 92, s. 25]. 
 
 256.— Nothing in this Act shall affect the jurisdiction and g^^en. 
 office of the Lord Warden in his office of Admiral of the Cinque 
 Ports. 
 
 [The effect of section 108 of the Act of 1S35 is preserved in this clause]. 
 
 257.— Nothing in this Act shall- _ _ ffiSSfij.. 
 
 (1.) Affect the rights, privileges, duties, or liabilities of the 
 
 * 28 & 29 Vict. c. 126. f 40 & 41 Vict. c. 21. { 13 & 11 Vict. c. 91.
 
 196 THE ENGLISH MUNICIPAL CODE. 
 
 Savings. 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 Cambridge 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 the 
 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 authority 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 largely represented at the Board of Improvement Com- 
 missioners for the town] . 
 
 (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. 28 (1839), section 2 of 20 & 21 Vict. c. 50 (1857), and section 2 of 
 24 & 25 Vict. c. 75 (1861), is preserved in this clause]. 
 
 saving for 258. —Nothing in this Act shall prevent any jurisdiction or 
 
 over cathedral authority exercised in or over the precinct or close of any 
 cathedral from being continued concurrently with the jurisdic- 
 tion and authority of the justices of the borough in which the 
 precinct or close is situate. 
 
 [The effect of section 138 of the Act of 1S35 is preserved in this clause].
 
 THE MUNICIPAL CORPORATIONS ACT, li 197 
 
 259.— Nothing in this Act shall prejudicially affect her s ' "'./■» 
 
 Majesty's royal prerogative ; and the enabling provisions of 
 
 this Act shall be deemed to be in addition to, and not in p™ gative. 
 
 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 (1S77) is preserved in this 
 clause]. 
 
 260— (1.) The repeal effected by this Act shall notswjj 
 
 a fleet — 
 
 (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 resped 
 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.
 
 198 THE ENGLISH MUNICIPAL CODE. 
 
 Savings. ffi ce , right, title, claim, privilege, liability, 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, bye-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.
 
 HIE MUNICIPAL CORPORATIONS ACT, 188%. 100 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 Enactments Repealed. 
 
 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 and 24.] 
 
 THE SECOND SCHEDULE. 
 Meetings and Proceedings of Council. 
 
 [See Section 22 and pages 37 and 38.1 
 
 THE THIRD SCHEDULE. 
 
 Elections. 
 
 Part I. — Preparation and Revision of Parish Burgess Lists in 
 
 Boroughs not Parliamentary. 
 
 [See Section 44 and pages 57-8.] 
 
 Part II. — Pules as to Nomination in Elections of Councillors. 
 [See Section 55 and pages 64 to C7.] ^_____»— — 
 
 Part III. — Modifications of the Ballot Act in its Application to 
 
 Municipal Elections. 
 
 [See Section 58 and page 70.]
 
 200 THE ENGLISH MUNICIPAL CODE. 
 
 Part IV. — Enactments which are to revive on the Expiration of 
 
 the Ballot Act. 
 [See Section 76 and pages 79.-80] 
 
 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 recorder showing 
 the amount du 
 
 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 Ninepence. 
 
 4. Special Constables. 
 To a special constable, for every day during which ) Three shillings and 
 he is called out to act as such. ) sixpence. 
 
 [See also Sections 30, 168, 171, and 196, and pages 45, H8, 150, and 162]. 
 
 THE FIFTH SCHEDULE. 
 Payments out of the Borough Fund. 
 
 Part I. — Payments which may be made without Order. 
 
 [See Section 140 and page 125]:. 
 
 Part II. — Payments which may not be made without Order. 
 [See Section 140 and page 126]. 
 
 THE SIXTH SCHEDULE. 
 
 Counties to which certain Boroughs are to be considered 
 
 adjoining for Purposes of Criminal Trials. 
 
 [See Section 188 at page 158].
 
 THE MUNICIPAL CORPORATIONS ACT. 
 
 2o I 
 
 THE SEVENTH SCHEDULE. 
 Procedure for Scheme on Grant of New Charter. 
 
 [Sec Section 21-1 at page 175.] 
 
 THE EIGHTH SCHEDULE. 
 
 Forms. 
 
 Part I. — Declarations on accepting Office. 
 
 Form A- 
 
 Form op Declaration ox Acceptance of Corporate Office. 
 
 I, A.B., having been elected mayor [or alderman, councillor, elective auditor, 
 or revising 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 qualified by estate say", And I 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 [as the case may require], 
 over and above what will satisfy my just debts]. 
 
 [See Section 34 at page 48]. 
 
 Form B. 
 
 Declaration by Recorder or Borough Justice. 
 
 I, A.B., hereby declare that I will faithfully and impartially execute the offico 
 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 143]. 
 
 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 in lull. 
 
 Nature of 
 
 Property for 
 
 which he is now 
 
 rated. 
 
 Name and Situation of Property 
 for which he is now rated. 
 
 Ashton, John 
 Bates, Thomas 
 
 Shop 
 IIouso 
 
 No. 23, Church Street. 
 Breok's Farm. 
 
 (Signed) 
 
 -'Mo 
 
 CD.} 
 
 verseers.
 
 202 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 Form D. 
 
 Notice of Claim. 
 
 To the Town Clerk of the Borough of 
 
 I hereby give you notice, that I claim to have my name inserted in the parish 
 burgess lists of the borough of that I occupy [here desci ihe 
 
 the house, warehouse, counting-house, shop, or other building then occupied by the 
 claimant^] in the borough, and. that I have been rated in the parish of 
 [here state the parish or several parishes, and the time during which the claimant 
 has been rated in each of them within the borough, necessary for his qualification]. 
 
 Dated the 
 
 day of 
 
 in the year 
 
 (Signed) John Allen of [place of abode]. 
 
 Form E 
 Notice of Objection. 
 
 [or to the person objected to 
 
 To the Town Clerk of the Borough of 
 
 as the case may be]. 
 
 I hereby give you notice, that I object to the name of Thomas Bates of 
 Brook's Farm, in the parish of [describe the person objected to 
 
 as described in the 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 
 property 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 Parish 
 
 Burgess Lists of the Borough of 
 
 Surname and other 
 
 Names of each 
 
 Claimant. 
 
 Allen, John 
 
 Nature of 
 
 Property for 
 
 which he is now 
 
 rated. 
 
 House 
 
 Situation of 
 
 Property for 
 
 which he is now 
 
 rated. 
 
 No. 17, High 
 
 Street. 
 
 Parish [or Parishes] in which 
 
 he has been rated, as stated 
 
 in the Claim. 
 
 Bated 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.B., Town Clerk.
 
 TEE MUNICIPAL CORFORATIOys ACT, 1SSS. 
 
 203 
 
 Fobm G. 
 List of Persons Objected to. 
 
 The following Persona have been objected to as not beinu- entitled to have their 
 Names retained in the Parish Burgess Lists of the Borough of 
 
 Surname and other 
 
 Names of each Person 
 
 objected to. 
 
 Bates, Thomas 
 
 Nature of 
 
 Property for 
 
 which he is 
 
 now rated. 
 
 House 
 
 Situ-ition of Property 
 
 for which he is said to 
 
 be now rated in the 
 
 Overseers' List. 
 
 Brook's Farm 
 
 Parish in which is the 
 
 Property for which he is 
 
 now said to l"' rated in 
 
 the Overseers' List. 
 
 Saint James's. 
 
 (Signed) A.B., Town Clerk. 
 
 Form H. 
 
 Notice. 
 
 Borough of . Election of [Councillors, or elective Auditors, 
 
 or revising Assessors, as the case may be] for the [ ^ ard 
 
 or several Wards of the] Borough. 
 
 Take Notice, 
 
 1. That an election of [here insert the number of councillors, auditors, or 
 assessors, as the case may be] for the [ ward or sex eral 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 his abode and description, and may be in the following 
 form, or to the like effect : 
 
 (Set out Form I.) 
 
 4. Each candidate must be nominated by 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 delivers any nomination 
 paper knowing the same to be forged, will be guilty of a misdemeanour, and bo 
 liable to imprisonment for any term not exceeding six months, with or without 
 hard labour. 
 
 6. Nomination papers must be delivered by tho candidate himself, or his 
 proposer or seconder, at the town clerk's office before live o'clock in the 
 afternoon of day the day of next. 
 
 7. The mayor will attend at the town hall on day tho 
 
 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 bo obtained at the town clerk s office ; 
 and the town clerk will, at the request of any burgess, fill up a nomination 
 paper. 
 
 18 
 
 Dated this 
 
 day of 
 
 A.E., Town Clerk.
 
 204 
 
 THE EXGLISH J1UXICIPAL CODE. 
 
 Form I. 
 
 Nomination Paper. 
 
 Borough of 
 
 . Election of Councillors [elective Auditors, or 
 revising Assessors] for Ward in the said Borough [or the 
 
 said Borough] to be held on the day of 18 
 
 We, the undersigned, being respectively burgesses, hereby nominate the 
 following person as a candidate at the said election. 
 
 Surname. 
 
 Other Names. 
 
 Abode. 
 
 Description. 
 
 Signature. 
 
 Number on Burgess Roll, with the 
 
 Ward or Polling- 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. 
 
 Number on Burgess Roll, with the 
 Ward or Polling District, if any, having 
 a distinct numbering. 
 
 E. F. 
 G. H. 
 I.J. 
 K. L. 
 
 M. N. 
 O.P. 
 Q. R. 
 
 S. T. 
 
 Counterfoil. 
 
 No. 
 
 Note.— The 
 counterfoil is 
 tohaveanum- 
 ber to corre- 
 spond with 
 that on the 
 back of the 
 ballot paper. 
 
 Form K. 
 Ballot Paper. 
 Form of Front of Ballot Paper. 
 For Elective Auditors. 
 
 Cade. 
 (John Cade, of 22, Wellclose Place, Accountant.) 
 
 Johnson. 
 (Charles Johnson, of 7, Albion Street, Gentleman.) 
 
 Thompson. 
 (William Thompson, of 14, Queen Street, Silversmith.)
 
 THE MUNICIPAL CORPORATIONS ACT, U I 
 
 25 
 
 For Revising Assessor. 
 
 Bacon. 
 
 (Charles Bacon, of 29, New Street, Solicitor.) 
 
 Btrox. 
 (James Byron, of 45, George Si reet, Commission Agent.) 
 
 Wilson. 
 3 (George Wilson, of 22, Hanover Square, Gentleman.) 
 
 Form of Back of Ballot Paper. 
 
 No. . Election of elective auditors [or revising assessors] 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 counterfoil. 
 
 Part III. — Forms relating to Working Men's Dwellings. 
 
 Form L. 
 Form of Grant by Corporation. 
 The Municipal Corporations Act, 1S82. 
 (Working Men's Dwellings.) 
 Boroigh 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 siid 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 always maintain and repair the 
 building, and shall not soil or alienate the site or building in divisions or 
 separate parts, and, in case of the taking down or destruction of the building 
 shall not rebuild it except iu manner approved by the corporation. 
 
 3. The grantee, bis heirs or assigns, shall not add to or alter the character 
 of the building without the consent of the corporation. 
 
 4. If at anytime the grantee, his heirs or assigns, fail to fully observe and 
 perform any stipulation of this grant, the corporation may, if they think lit, 
 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 grant bad not been made. 
 
 In witness whereof &c, this 
 
 day of 
 
 1S7 
 
 (Corporate Seal.)
 
 206 TEE ENGLISH MUNICIPAL CODE. 
 
 Form M. 
 
 Form of Transfer of Grant. 
 
 The Municipal Corporations Act, 1882. 
 (Working Men'sDwellings.) 
 Borough of . Transfer No. (Grant No. ). 
 
 A.B. of ,hy virtue and in pursuance of the ahove- mentioned 
 
 Act, and in consideration of paid to him by C.I). 
 
 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 conditions on which that site is held immediately before the execution 
 of this transfer. 
 
 In witness whereof, &c, this day of 18 
 
 A.B. (l.s.) 
 
 * In case of transfer by indorsement. 
 + In case of transfer by separate deed. 
 
 Form N. 
 Form of Lease by Corporation. 
 
 The Municipal Corporations Act, 1882. 
 (Working Men's Dwellings.) 
 Borough of • Lease No. 
 
 *& J 
 
 The mayor, aldermen, and burgesses of the borough of 
 hy 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.B. (herein referred to as the lessee), his 
 executors and administrators, the site following (that is to say) [insert 
 description] with the appurtenances, for the term of [nine hundred and 
 ninety -nine'] years from the 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 part of the rent for the fraction of the current half year up to 
 re-entry be repayable. 
 
 And the lessee hereby covenants with the corporation that he, his executors, 
 administrators, or assigns, will during the term 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 tenant in respect of the premises. 
 
 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 working-men's 
 dwelling (and no more) according to the plan and specification deposited in 
 the office of the town clerk, and numbered , under the superintendence 
 and to the satisfaction 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 divisions or separate parts and, in case of the taking down 
 or destruction of the building, shall not rebuild it, except in manner approved 
 by the corporation.
 
 Till: Ml SIC IP AL CORPORATIONS ACT. 1882. 207 
 
 3. The lessee, his executors, administrators, or assigns, shall not add to or 
 
 the character of the building without the consent in writing of tho 
 
 ^ration. 
 
 t. If at any time the lessee, his executors, administrators, or assigns, fail to 
 
 duly pay the rent hereby reserved, or to fully observe and perform any 
 
 stipulation herein contained, the corporation may, if they think tit, re-enter 
 
 ou any part of the site in the name of the whole, and thereupon the term of 
 
 years shall absolutely cease. 
 
 In witness whereof, &c, this day of 187 , 
 
 {Corporate Seal.) 
 
 A.B. (l.s.) 
 
 Form O. 
 
 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 187 t], with the 
 
 appurtenances, and with the dwelling and other buildings thereon, for the 
 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 perform 
 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 187 . 
 
 A.B. (l.s.) 
 
 CD. (l.s.) 
 
 * In case of assignment by indorsement, 
 f In case of assignment by separate deed. 
 
 Part IV.— Forms relating to Borough Bridges. 
 
 Fokm 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-mention d Act, and in consideration 
 of the sum of paid to them by A.i:., of for the
 
 203 TEE ENGLISH MUNICIPAL CODE. 
 
 purposes of the said Act, do grant and assign unto the said A.B., his executors, 
 administrators, and assigns, such proportion of the borough fund and borough 
 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, administrators, 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 paid and satisfied. 
 
 And it is hereby declared that tho said principal sum shall be repaid on the 
 day of at [place of payment}. 
 
 In witness whereof, &c, this day of 187 . 
 
 {Corporate 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.fco me by CD. of , do hereby transfer to the said 
 
 CD?, his executors, administrators, and assigns, a certain moitgage, 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 following the word 
 <( 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 187 . 
 
 A.B. (l.s.) 
 
 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 & G 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, 188S. 209 
 
 on highways in England and Walts to he transmitted to the Secretary of State, 
 and afterwards laid before Parliament (section 2.) 
 
 12 & 13 Vict. 0. 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 lodging- 
 houses (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 temporary 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 & IS 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. 105. — The Militia Law Amendment Act, 1854 (section 11). 
 
 18 & 19 Vict. c. 57. — An Act further to amend the laws relating to the militia 
 in England (section 7). 
 
 18 & 19 Vict. c. 121.— The Nuisances Removal 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 & 21 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 in 
 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 A.ct, 1877 (section 59). 
 
 41 & 42 Vict. c. 49.— The Weights and Measures Act, 1878 (Fourth 
 Schedule). 
 
 11 & 12 Vict. c. 74. — The Contagious Diseases (Animals) Act, 1878 (sections 
 7 and 66). 
 
 41 & 42 Vict. 0. 77. — The Highways and Locomotives (Amendment) Act 
 1878 (section 38). 
 
 14
 
 210 THE ENGLISH MUNICIPAL CODE. 
 
 Part II. 
 Particular References. 
 
 14 & 15 Vict. c. 55. — An Act to amend the law relating to the expenses of 
 prosecutions and to make further provisions for the apprehension and trial of 
 offenders in certain cases : 
 
 In section 24, for Schedule C. to the Municipal Corporations Act, 1835, the 
 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 Act, 1835, 
 so much of the provision of this Act relative to disqualifications for being 
 councillor as relates to being in holy orders.
 
 211 
 
 APPENDIX. 
 
 GENERAL RULES UNDER THE PROVISIONS OF 
 
 SECTION 100 (see page 98). 
 
 General Rules of the Judges under the Corrupt Practices ('Municipal Elections) 
 
 Act, 1872. 
 Rule 
 
 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 objection 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 petition, petitioners to leave 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, &c, 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. Receipt 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 o lice. 
 
 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 either 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 muster or judge to etate what 
 
 amount he deems r< quisite to make the security sufficient, &c. 
 
 27. II »w costs to be paid. 
 
 2S. As to costs of hearing and deciding an objection to recognisance, affidavit of 
 
 sufficiency. 
 
 29. The ell, ct on an order of the master for payment of costs. 
 
 30. The master to make out a "m a li t," its contents open f 
 
 inspection.
 
 212 THE ENGLISH MUNICIPAL CODE. 
 
 31. Trial of petition — Time of to be fixed by the judges on the rota, the master 
 
 to give notice to the parties, and public notice. 
 
 32. The master to stick up notice of trial in his 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. 
 
 36. 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 be ascertained by registrar, certificate, allowing them 
 
 to be 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. Interlocutory matters to be disposed of by a judge. 
 
 45. Withdrawing 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 have been a petitioner may apply to be substituted. 
 
 49. Time and place for hearing application to be fixed by a judge — Notice to be 
 
 given. 
 
 50. Notice of abatement of petition. 
 
 51. Proceedings where petitioner dies. 
 
 62. Manner and time of respondent's giving notice that he does not intend to 
 oppose jietition. 
 
 53. Upon such notice being given, master to send copy to petitioner and to town 
 
 clerk. 
 
 54. Time for applying to be admitted as a respondent. 
 
 55. Taxation and recovery of costs. 
 
 56. Agent for the parties to leave notice of appointment with master. 
 
 57. No proceedings defeated by any formal objection. 
 
 58. As to publication of rules. 
 
 Additional General Rules {\Mh 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 payment either to party in whose 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 Rides (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 file 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 apt 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. 
 
 5. Rule 40 revoked, and provision in lieu thereof.
 
 APPENDIX. 213 
 
 MICHAELMAS TERM, 1872. 
 Rules referred to in Section 100, Subsection 6, 
 
 (see page 98). 
 
 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 Henry Singer Keating, Knight, one of the Justices of the Common Pleas ; 
 
 and 
 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. 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 
 Master 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, [&c. as 
 
 the case may be] for the borough of purporting to be signed 
 bv [insert the names of petitioners!. 
 
 y 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 
 section 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 bo allowed of drawing 
 or copying any petition not substantially in compliance with this rule, unless 
 otherwise ordered by the Court 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 effect, shall be sufficient : 
 
 In the Common Pleas. 
 " The Municipal Elections Act, 1872." 
 Election for [state the place and office for which election held] holden ou 
 
 the day of A. I). 
 
 The petition of A. of [or of A. of . and .5. 
 
 of , as the case may be] whose names are subscribed. 
 
 1. Your petitioner A. 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 1>. [here state in like maimer the right of 
 loch petitioner], 
 
 2. And your petitioners state that the election was holden on 
 tie day of A.D. , 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.
 
 214 THE ENGLISH MUNICIPAL CODE. 
 
 3. And your petitioners say that [here state the facts and grounds on 
 which the petitioners rety~\. 
 
 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 have been returned, or as 
 the case may be]. 
 
 (Signed) 
 A. 
 B. 
 
 6. Evidence need not be stated in the petition but the Couit of Common 
 l ] leas or a judge at chambers may order such particulars as may be necessary to 
 prevent surprise and unnecessary expense, and to insure a fair and effectual trial 
 in 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 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 day appointed for trial, deliver to the 
 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 objected to, and of the 
 heads of objection to each such vote, and the Master shall allow inspection and 
 office copies of such lists 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 
 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 for some person, intends to give evidence to 
 prove that the election of such person was undue, pursuant to the 1 5th section of 
 the Act, subsection 9, such respondent shall, six days before the day appointed 
 for trial, deliver to the Master, and also at the address, if any, given by Ihe 
 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 in 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 which notices addressed to them may be left ; and if no 
 such writing be left or address given, then notice of objection to the recogni- 
 sances, and all other notices and proceedings, may be given by sticking up the 
 same at the Master's office. 
 
 10. Any person elected to any municipal office may at any time after he 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 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 
 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 
 hours. 
 
 12. The Master shall, upon the presentation of Ihe 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 
 respondent's agent, and the address, if any, given as prescribed, and the town 
 clerk shall forthwith publish those particulars along with the petition.
 
 APPENDIX. 215 
 
 The cost of publication of this and any other matter required to he published 
 by the town clerk shall be paid by the 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 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 rive days after the 
 petition is presented on affidavit, showing what has been done, shall be satisfied 
 that all reasonable effort 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 sticking up a notice in the office of the 
 Master of the petition 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 paj'ment 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 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 petition to which it is applicable. 
 
 18. 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 [name 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 
 
 the said E.F. the sum of £ , the said G.H. 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 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 [here insert the name of the borough] which shall becomo 
 payable by the petitioner [or petitioners, or any of them,] under the Corrupt 
 Practices Municipal Elections Act, 1872, to any person or persons, then this 
 recognisance to be void, otherwise to stand in full forco. 
 
 Signed, 
 
 [Signature of sureties.] 
 
 Taken and acknowledged by the above-named name of sureties] on the 
 day of at , before mo, 
 
 CD. 
 A justice of th>' peace [or as the east mag be.]
 
 216 THE ENGLISH MUNICIPAL CODE. 
 
 20. The recognisance or recognisances shall 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, exclusive 
 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 be found, or that a person named in the recognisance 
 has not duly acknowledged the same. 
 
 23. 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 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 the security be declared sufficient, 
 its sufficiency shall be deemed to be established within the meaning of the 13th 
 section of the said Act, and the petition shall be at issue. 
 
 26. If by order made upon such summons an objection be allowed and the 
 security be declared insufficient, the Master or judge shall in such order state 
 what amount he deems requisite to make the security sufficient, and the further 
 prescribed time to remove the objection by deposit shall be within five days 
 from the date of the order, not including the day of the date, and such deposit 
 6hall be made in the manner already prescribed. 
 
 27. The cost of hearing and deciding the 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 sureties shall be paid by the petitioner, and a clause 
 to that effect shall be inserted in the order declaring its sufficiency or in- 
 sufficiency, unless at the time of leaving the recognisance with the Master there 
 be also left with the Master an affidavit 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 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 the Common Pleas. 
 
 Corrupt Practices (Municipal 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 Master 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 he shall 
 insert the name of the agents of the petitioners and respondent, 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." 
 
 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 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.
 
 APPENDIX. 217 
 
 32. 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. 
 
 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 subsequent 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. 
 
 3o. 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, aud may be 
 continued from day to day until the inquiry is concluded. 
 
 37. The a23plication 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 
 a s may be] 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 
 i !■ ction 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 bo 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. 
 
 4 1 . 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 court] 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 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 until your examination shall have 
 been complete '1. 
 
 As witness my hand, ././•'.. 
 
 The barrister to whom the trial of the said petition i> 
 assigned.
 
 218 THE ENGLISH MUNICIPAL CODE. 
 
 42. In the event of its being necessary to commit any person for contempt, the 
 warrant may be as follows : 
 
 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 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 
 said CD. 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 
 £ , and to be further imprisoned in the said gaol until the said fine be 
 
 paid, and the court further orders that the sheriff 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 
 he shall be detained in the said gaol in pursuance of the said sentence. 
 
 A.D. 
 Signed the day of 
 
 A.D. 
 
 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 be, and 
 to 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. 
 
 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 (Municipal Elections) 
 Act, 1872, as a 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 the 
 following ground [here state the ground], 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 be left at the Master's 
 office. 
 
 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 respondent, and 
 to the town clerk, who shall make it public in the borough to which 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 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 oat].
 
 AFP£XDIX. 219 
 
 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 writ- 
 ing of his intention on the hearing to apply lor 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 be substituted for the 
 petitioner, but the want of such notice shall not defeat such application, 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 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 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 by 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. 
 
 51. If the respondent dies, any person entitled to be 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, 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. 
 
 53. 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. The time for applying to be admitted as a respondent in either of the 
 events mentioned in the 18th 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 tbere be money in the bank avail- 
 able for the purpose, then to the extent of such money by order of the chief 
 ju-tice of the Common Pleas for the time being, upon a duplicate of the 
 rub- 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 lik 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 
 such agent, and service of noticos and proceedings upon such agent shall bo 
 sufficient for all purposes.
 
 220 THE ENGLISH MUNICIPAL CODE. 
 
 57. No proceedings under the Corrupt Practices (Municipal Elections) Act, 
 1872, shall he defeated by any formal objection. 
 
 58. Any rule made or to be made in pursuance of the Act, if made in term 
 time shall be published by being read by Ihe Master in the Court of 
 Common Pleas, and if made out of term by a copy thereof being put up at 
 Master's office. 
 
 Dated the 20th day of November, 1872. 
 
 COLIN BLACKBURN, 
 H. S. KEATING, 
 A. CLEASBY, 
 
 The Judges 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 
 
 Fob. the effectual execution of " The 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 Pleas, 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 Court of Common Pleas or a judge at chambers. 
 
 2. 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 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 may require. 
 
 4. The rule or order may direct payment either to the party in whose name 
 the same is deposited, or to any person entitled to receive the same. 
 
 5. 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 
 shall 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.
 
 APPENDIX. 221 
 
 ADDITIONAL GENERAL RULES 
 
 MADE BY 
 
 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 farther 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 tiled 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 hied 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 
 Fridav, and any day set apart for a public fast or public thanksgiving. 
 
 4. When 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 deemed 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 delivery 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 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 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 tho Master 
 to the town clerk, and if the election be declared void tho office shall be deemed 
 to be 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. 
 
 Dated the 27th day of January, 1875. 
 
 G. PIGOTT, 
 
 R013T. LUSH, 
 
 GEORGE E. HONYMAN, 
 
 Judges for the timo being on tho Rota for tho 
 trial of Election Petitions in Eng]
 
 222 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 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 OFFICDALS) SHOULD BE OBSERVED 
 AND EFFECTED. 
 
 t^g" Sunday, Christmas Day, Good Friday, Easter Monday, and Easter Tuesday, or any 
 day appointed for a public fast, humiliation, or thanksgiving, is not to be computed. If a 
 date specified for any particular act or proceeding required to be done falls on either of these 
 days, then the act or proceeding is to be taken on the next day afterwards. If anything ia 
 directed to be 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. 
 
 JANUARY. 
 
 1st. — 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 in parliamentary boroughs 
 comes into force .... 
 
 7th. — Registrars 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 borough 
 during the period between 15th 
 September, or the date when the last 
 preceding return was made, and 
 the 31st December .... 
 
 FEBRUARY. 
 
 1st. — Coroners to send to the Secretary of 
 State, on or before this date, a return 
 of inquests held .... 
 
 18th. — Town Cleik should give notice of elec- 
 tion of auditors and assessors for 1 st 
 March not later than this date . 
 
 Reference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 192 
 135 
 
 173 
 54 
 
 Sub sec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 160 
 
 122 
 
 150 
 64
 
 ArnxDix. 
 
 223 
 
 ■Reference to the Act of 1882 for specification of dates. 
 
 Sec. ,Subsec. 
 
 February — continued. 
 
 21st.— Notice of election (in boroughs not 
 parliamentary) of auditors and revis- 
 ing assessors should be given not later 
 than this date, and nominations be 
 sent in to town clerk .... 
 Copy of parliamentary register to be 
 sent to the Secretary 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 offices of auditor and assessor 
 
 24th. — Nominations, &c, for auditors and 
 assessors to be published . 
 
 26th. — If poll be demanded for election of 
 auditors and revising assessors, give 
 notice of polling places not later than 
 this date* ...... 
 
 Last day for sending name of officer to 
 vote at guardians' elections 
 
 MARCH. 
 
 1st. — Election of auditors (unless some other 
 day appointed) and revising assessors 
 Mayor should appoint his auditor on 
 publication of result of election . 
 25th. — Annual accounts (under Local Taxa- 
 tion Returns Act, 1877) must be 
 made up to this date, and return 
 made one month after completion of 
 audit .... 
 
 Generally — Annual account of receipts, &c, 
 relating to highways, &c, should be sent 
 to Secretary of State (12 & 13 Vict. c. 35, 
 
 B- 1) 
 
 APRIL. 
 
 l B t. — 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 .... 
 
 MAY. 
 
 1st. — Return (on or before to-day) to be made 
 to Secretary of Stiid- of polling divi- 
 sions under Ballot Act (section 5) 
 
 62 
 50-9 
 
 Para. 
 
 Sched. 
 
 62 
 
 62 
 
 62 
 
 62 
 25 
 
 Third 
 
 Part. Para. 
 
 Page. 
 
 II. 
 
 28 2 & 4 
 
 192 
 
 Third 
 Third 
 
 Third 
 
 II. 
 
 II. 
 
 IV. 
 
 62 
 
 -72} 
 65 J 
 
 15" 
 
 74 J 
 66/ 
 74 1 
 67 J 
 
 74 I 
 
 79/ 
 
 74 
 
 42 
 
 42-3 
 
 160 
 
 See also paragraph 2 of Part III. of the Third Schedule (page 70).
 
 224 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 JUNE. 
 
 1st. — Overseers should give notice between 
 this date and 20th to voters who have 
 not paid all poor rates due on Jan, 5th 
 last ....... 
 
 Return of market tolls and other matters 
 to he made to Secretary of State before 
 end of the month (23 & 24 Vict. c. 51, 
 ss. 1 and 2) .... 
 
 10th. — Town Clerks to issue precepts to over- 
 seers to make out lists of parliament- 
 ary voters ...... 
 
 20th. — Overseers should affix on or near church 
 doors, &c, for a period including 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 burgess 
 roll 
 
 20th. — Assessed taxes and poor rates due 
 Jan. 5th to be paid on or before this 
 day to prevent disqualification for 
 voting ... ... 
 
 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 ...... 
 
 Slst. — Overseers to make out a list of persons 
 entitled to vote as occupiers, and also 
 of those (not freemen) entitled in 
 respect of other qualifications, and in 
 boroughs {municipal and parliament- 
 ary) of persons entitled to vote as 
 burgesses ; the town clerk must make 
 out the freemen's roll . . see 
 
 Reference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Subsec 
 
 Para. 
 
 192 
 
 203 
 
 Sched. 
 
 Part. 
 
 Para, 
 
 Page. 
 
 160 
 
 28 
 
 28 
 
 166
 
 APPENDIX. 
 
 225 
 
 AUGUST. 
 
 1st. — (Note) Borough and county lists of elec- 
 tors to be affixed to church doors (first 
 two Sundays in August). Lodgers 
 claiming for the first time must do so 
 between, this date and the 25th . 
 Freemen's roll must be published on or 
 befoiv to-day . ... 
 
 10th. — Kate books may be inspected until 31st 
 by voters and claimants 
 
 25th. — Last day for serving objections to 
 voters, and for claiming to vote 
 
 29th. — Overseers to send lists of parliament- 
 ary electors, claims, and objections to 
 town clerks ..... 
 
 3 1 st. — Last day for inspecting rate books 
 
 SEPTEMBER. 
 
 1st. — Overseers (in boroughs municipal only) 
 
 to deliver burgess lists to town clerks 
 
 for public inspection till after 15th . 
 
 Town clerk to fix same on Town Hall 
 
 for seven days before 15th 
 Objections to parliamentary voters to bo 
 affixed to church doors on two 
 Sundays preceding the 15th inst., 
 and j urors' lists on first three Sundays 
 in September ..... 
 
 15th. — Notices of claims in respect of burgess 
 lists to be delivered to town clerks, 
 and notices of objections to be de- 
 livered to them, and to persons 
 objected to on or before this day 
 
 22nd. — Lists of claims and objections to be 
 aliixed in some public place until, 
 from this date, 1st October for 
 boroughs not parliamentary 
 Earliest day for holding revising bar- 
 risters' courts for borough voters 
 
 27th. — Notice of holding of revision court to 
 be given if same is to be held on 
 Oct. 1 
 
 30th. — Town clerks (of boroughs municipal 
 but not parliamentary) must publish 
 seven days before this date the lists of 
 claims and objections in respect of 
 burge.-:s lists ..... 
 
 OCTOBER. 
 
 1st. — Mayors ami ;■ < rs of boroughs (muni- 
 cipal but not parliamentary) must 
 revise the burgess lists between this 
 date and the 15th .... 
 
 Reference to the Act of 1882 for specification of dates. 
 
 Sec. 
 
 Subscc 
 
 l'ara. 
 
 Sched. Part 
 
 Tara. 
 
 Page. 
 
 Third 
 Third 
 
 Third 
 
 Third 
 
 Third 
 
 Third 
 
 1-2 
 3 
 
 57 
 
 67 
 
 57 
 
 57 
 
 Third 
 
 11 58 
 
 57 
 
 K) 
 
 57 
 
 15
 
 226 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Reference to the Act of 18S2 for specification of dates. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 October — continued. 
 
 
 
 
 
 
 
 
 Copy rules, &c, respecting police to be 
 
 
 
 
 
 
 
 
 sent to the Secretary of State by the 
 
 
 
 
 
 
 
 
 Watch Committee ... 
 
 192 
 
 , , 
 
 
 • • 
 
 , , 
 
 • • 
 
 160 
 
 Special constables to be appointed by 
 
 
 
 
 
 
 
 
 borough justices during this month . 
 
 196 
 
 i 
 
 
 . . 
 
 • • 
 
 • • 
 
 161 
 
 15th. — Eevision court may not be held after 
 
 
 
 
 
 
 
 
 this date ...... 
 
 • • 
 
 , , 
 
 
 Third 
 
 i. 
 
 25 
 
 58 
 
 20th. — The burgess roll must be completed on 
 
 
 
 
 
 
 
 
 or before this date .... 
 
 45 
 
 2 
 
 
 • • 
 
 • • 
 
 • • 
 
 58 
 
 21st. — Notice of election for the 1st of Nov. 
 
 
 
 
 
 
 
 
 should be given by the town clerk not 
 
 
 
 
 
 
 
 
 later than to-day .... 
 
 54 
 
 • • 
 
 
 • • 
 
 , , 
 
 • • 
 
 64 
 
 24th. — Last day for delivering nominations 
 
 
 
 
 
 
 
 
 of councillors to town clerk for elec- 
 
 
 
 
 
 
 
 
 tion on Nov. 1st ... 
 
 • • 
 
 , , 
 
 
 Third 
 
 ii. 
 
 7 
 
 65 
 
 Notice of nomination to candidates for 
 
 
 
 
 
 
 
 
 council on the 1st Nov. should be 
 
 
 
 
 
 
 
 
 given to-day ..... 
 
 • • 
 
 • • 
 
 
 Third 
 
 ii. 
 
 8 
 
 66 
 
 25th. — Llayor must attend at town hall to 
 
 
 
 
 
 
 
 
 receive and decide upon objections, 
 
 
 
 
 
 
 
 
 &c, to nominations .... 
 
 , , 
 
 § , 
 
 
 Third 
 
 ii. 
 
 9 
 
 66 
 
 27th. — List of nominations for councillors 
 
 
 
 
 
 
 
 
 should be published .... 
 
 , . 
 
 , ( 
 
 
 Third 
 
 IT. 
 
 15 
 
 67 
 
 Notice of polling places should be given 
 
 
 
 
 
 
 
 
 not later than this date* . 
 
 , , 
 
 • • 
 
 
 Third 
 
 IV. 
 
 2 
 
 79 
 
 30th. — Latest day for holding revising bar- 
 
 
 
 
 
 
 
 
 risters' courts ..... 
 
 
 
 
 
 
 
 
 31st. — Criminal returns should be sent to 
 
 
 
 
 
 
 
 
 Home Secretary by clerks to justices . 
 
 
 
 
 
 
 
 
 NOVEMBER. 
 
 
 
 
 
 
 
 
 1st. — The new burgess roll comes into opera- 
 
 45 
 
 2 
 
 • • 
 
 .. 
 
 
 • • 
 
 58 
 
 tit n . 
 
 
 
 
 
 
 
 
 General election of borough councillors 
 
 52 
 
 t t 
 
 , , 
 
 , , 
 
 , , 
 
 , , 
 
 63 
 
 9th. — Quarterly — fixed — (and annual) meet- 
 
 ■n 
 
 
 
 
 
 
 
 ing of town councils to be held to- 
 
 
 
 
 
 
 
 
 day at noon. First business : Elec- 
 
 
 
 
 
 
 
 
 tion of mayor, followed by that of 
 
 60 
 
 > 61 
 
 1-7 
 
 , . 
 
 , , 
 
 • • 
 
 • • 
 
 72) 
 
 sheriff (where there is one) ; aldermen 
 
 1-4 
 
 , , 
 
 , . 
 
 • • 
 
 , , 
 
 73 J 
 
 (every three years) ; and officers. 
 
 
 
 
 Second 
 
 , . 
 
 2 
 
 37) 
 
 Quarterly meetings to be fixed for 
 
 
 
 
 
 
 
 
 year, and Committees appointed 
 
 J 
 
 
 
 
 
 
 
 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 officers not later 
 
 
 
 
 
 
 
 
 than thi^ date ..... 
 
 
 
 
 
 
 
 
 Assessment clerks should make out 
 
 
 
 
 
 
 
 
 valuation returns .... 
 
 
 
 
 
 
 
 
 See also paragraph 2 of Part III. of the Thud Schedule fpage 70).
 
 ■I'll 
 
 THE MUNICIPAL CITIES AND BOROUGHS 
 OE ENGLAND AND WALES, 
 
 Rei/ulated and Governed under the Municipal Corporations Act of 1882 (with the 
 population according to the Census of 1881), on January 1st, 1883. 
 
 * Episcopal and Prescriptive Cities. t Prescriptive Cities only. 
 
 X Cities and Boroughs which are Counties of themselves. 
 
 (a) Cities and Boroughs (to have a Commission of the Peace) )>"med in Schedule A. and (b) Cities 
 and Boroughs (not to have a Commission of the Peace except on petition and grant) of Schedule B. of 
 
 Municipal Corporations Act, 1835; all others have been incorporated since the passing of the 5 £ 6 
 Will. 4, c. 76 (1835) and before the passing of 45 # 46 Vict. c. 50 (1882). 
 
 (Q.S.) indicates Boroughs having a separate Commission of the Peace and Court of Quarter 
 Sessions. 
 
 (C.P.) indicates Boroughs having a Commission of the Peace only ; in all others the County 
 Magistrates exercise a concurrent jurisdiction with the Mayor and immediate Past Mayor. 
 
 A. 
 
 AB ERA VOX (C.P.) 
 aABERYSTWITH (C.P.) 
 «AUIN(H)ON (>.S.) 
 ACCRINGTON (C.P.) . 
 aANDOVER (QS.) . 
 JARUNDEL .... 
 ASUTOX- UXDER-LYXE (C.P.) 
 
 B. 
 
 BACUP .... 
 aBANBURY {Q.S.) . 
 BARNSLEY . 
 aBARNSTAPLE (Q.8.) . 
 BARROW-IN-FURNESS 
 JBAS1NGSTOKE (C.P.) . 
 ►*BATB (Q S.) 
 
 4,875 
 6,664 
 
 5,662 
 
 31,435 
 
 5,654 
 
 2,748 
 37,027 
 
 25,033 
 
 3,600 
 
 29,789 
 
 12,283 
 
 47,111 
 
 0,081 
 
 51,790 
 
 BATLEY (C.P.) 
 ABEAl'MARIS 
 iBECCLES . 
 ^BEDFORD (Q.S.) . 
 aJBEKWK 'K-( iN-TWEED (Q.S.) 
 aBEVERLEY (C.P.) 
 aBEWDLEY (C.P.) . 
 ffBIDEFORD (Q.S.). 
 BIRKENHEAD (Q.S.) . 
 BIRMINGHAM (Q.S.) . 
 BLACKBURN (C.P.) . 
 BLACKPOOL . 
 iliLAXDFORD 
 JBODMIN (C.P.) . 
 
 I'.OI/ION (Q.S ) 
 
 BOOTLE-CUMtLINAORE (C.P.) 
 
 „i:<>ston (c.p.) . 
 BRADFORD Vorks.) (Q.S) 
 bBRECON (CI:) . ' . 
 aBRlDGNORTH (Q.S.) . 
 bBRIDGY ATER (Q.S.) . 
 aBRIDPORT (C.P) 
 BRIGHTON (Q.8.) . 
 
 27,514 
 
 2,241 
 
 5,721 
 
 19,532 
 
 13,995 
 
 11,112 
 
 3, OSS 
 
 6,512 
 
 83,324 
 
 4(Mi,757 
 
 lin.012 
 
 11,118 
 
 1,373 
 
 5,061 
 
 105,122 
 
 27,112 
 
 14. 
 
 183,032 
 
 6,247 
 
 5,890 
 
 12.021 
 
 0.700 
 
 107,528
 
 228 
 
 THE EXGLISE MUNICIPAL CODE. 
 
 ^BRISTOL [Q.S.) . 
 
 206,503 
 
 ^BUCKINGHAM [Q.S.) . 
 
 3,585 
 
 BURNLEY (C.P.) . 
 
 58,882 
 
 BUKSLEM .... 
 
 26,521 
 
 BURTON-UPON-TRENT . 
 
 39,285 
 
 wBURY St. EDMUNDS {Q.S,) 
 
 16,211 
 
 BURY (Lane.) {C.P.) 
 
 51,582 
 
 o. 
 
 iCALNE . 
 
 aCAM BRIDGE {Q.S.) 
 ^//CANTERBURY {Q.S.) 
 //CARDIFF {C.P.) . 
 ^CARDIGAN {C.P.) 
 ^/CARLISLE {Q.S) 
 ^CARMARTHEN {Q.S.) 
 «CARNARVON {C.P.) 
 iCHARD 
 
 CHELTENHAM . 
 *+r/CHESTER {Q.S.) 
 //CHESTERFIELD {C.P 
 */?CHICHESTER (Q.S.) 
 ^CHIPPENHAM . 
 SHIPPING NORTON 
 WHIPPING WYCOMBE 
 CHORLEY . 
 rtCLITHEROE {C.P.) 
 //COLCHESTER {Q.S.) 
 «CONGLETON {C.P.) 
 CONWAY 
 
 t«COVENTRY {C.P.) 
 CREWE (C.P.) 
 
 D. 
 
 DARLINGTON {C.P.) 
 //DARTMOUTH {Q.S.) 
 £DAVENTRY 
 //DEAL {Q.S.) . 
 //DENBIGH (C.P.) . 
 //DERBY {Q.S.) 
 //DEVIZES {Q.S.) . 
 DEVONPORT {Q.S.) 
 DEWSBURY {C.P.) 
 r/DONCASTER {Q.S.) 
 //DORCHESTER {C.P.) 
 //DOVER (Q.S.) 
 6DR01TWITCH {C.P.) 
 DUDLEY (C.P.) 
 DUNSTABLE (C.P.) 
 *«DURHAM (C.P.) . 
 
 {C.P.) 
 
 E. 
 
 (/EVESHAM (C.P.) . 
 *J«EXETER (Q.S.). 
 
 /-EYE (C.P.) . 
 
 2,474 
 35,372 
 21,701 
 85,378 
 
 3,633 
 35,866 
 10,512 
 10,237 
 
 2,411 
 43,972 
 36,788 
 12,221 
 
 8,092 
 
 1,352 
 
 4,167 
 10,618 
 19,472 
 10,177 
 28,395 
 11,116 
 
 3,179 
 42,111 
 24,372 
 
 35,102 
 5,580 
 3,859 
 8,422 
 6,491 
 
 80,410 
 6,645 
 
 48,745 
 
 29,617 
 
 21,130 
 7,568 
 
 28,486 
 3,761 
 
 46,233 
 4,627 
 
 14,932 
 
 5,112 
 37.608 
 
 2,296 
 
 F. 
 
 //FALMOUTH (C.P.) 
 iFAVERSHAM (Q.S.) 
 //FLINT (C.P.) 
 ^FOLKESTONE (Q.S.) 
 
 G. 
 
 H. 
 
 //IPSWICH (Q.S.) 
 
 I. 
 
 J. 
 
 JARROW-ON-TYNE (C.P.) 
 
 K. 
 
 r/KENDAL (C.P.) . 
 ^/KIDDERMINSTER (C.P.] 
 
 4,373 
 8,627 
 5,126 
 
 18.8S7 
 
 //GATESHEAD (C.P.) . 
 
 . 65,873 
 
 ^GLASTONBURY . 
 
 3,719 
 
 GLOSSOP (C.P.) . 
 
 19,574 
 
 *+//GLOUCESTER (Q.S.) 
 
 36,552 
 
 JGODALMING (C.P.) . 
 
 2,505 
 
 4GODMANCHESTER . 
 
 2,188 
 
 //GRANTHAM (Q.S.) 
 
 16,886 
 
 r/GRAVESEND (Q.S.) . 
 
 . 23,375 
 
 //GRIMSBY (GREAT) (C.P.) 
 
 29,682 
 
 //GUILDFORD (Q.S.) . 
 
 10,858 
 
 HALIFAX (C.P.) . 
 
 73,633 
 
 HANLEY (Q.S.) . 
 
 48,354 
 
 HARTLEPOOL 
 
 12,684 
 
 //HARWICH (C.P.) . 
 
 7,810 
 
 //HASTINGS (Q.S.) . 
 
 42,256 
 
 +//HAVERFORDWEST (Q.S.) 
 
 6,393 
 
 HEDON .... 
 
 666 
 
 MIELSTON (Q.S.) . 
 
 3,432 
 
 *aHEREFORD (Q.S.) . 
 
 19,822 
 
 //HERTFORD (C.P.) 
 
 7,585 
 
 HEYWOOD (C.P.) . 
 
 23,050 
 
 HONITON .... 
 
 3,349 
 
 HUDDERSFIELD (C.P.) 
 
 81,825 
 
 JaHULL (King&ton - upon - Hull 
 
 ) 
 
 (Q.S.) .... 
 
 . 154,250 
 
 ^HUNTINGDON . 
 
 4,229 
 
 HYDE 
 
 28,629 
 
 6HYTHE (Q.S.) 
 
 4,069 
 
 50,762 
 
 25,531 
 
 13,696 
 24,270
 
 APTEXDIX. 
 
 229 
 
 bKING'S LYNN (Q.S.) . . • 18,47o 
 aKINGSTON - UPON - THAMES 
 
 {C.P.) 19 > 875 
 
 L. 
 
 ^LANCASTER {C.F.) 
 6LATJNCESTON . 
 LEAMINGTON (C.P.) ( 
 
 ington Spa) 
 aLEEDS (Q.S.). 
 oLEICESTER (Q.S.) 
 bLEOMINSTEB {C.F.) 
 LEWES . 
 
 «+a LICHFIELD (Q.S.) 
 •JbLTNCOLN (Q.S.) 
 oLIeiKEARD (C.F.). 
 •aLIVERPOOL (Q.S.) 
 JLLANDOVERY . 
 JLLANIDLOES 
 LONGTON {C.F.) . 
 «LOUTH(CP.) 
 /rLUDLOW {Q.S.) . 
 LUTON (C.P.) 
 4LYME REGIS {C.F.) 
 JLYMINGTON 
 
 • • • 
 
 20,724 
 
 . 
 
 3,217 
 
 loyal Leani- 
 
 
 . 
 
 22,976 
 
 . 
 
 309,126 
 
 . 
 
 122,351 
 
 
 6,042 
 
 . 
 
 11,199 
 
 
 8,360 
 
 t . 
 
 37,312 
 
 , 
 
 4,479 
 
 , 
 
 552,425 
 
 . 
 
 2,035 
 
 m . 
 
 3,421 
 
 . . 
 
 18,615 
 
 , . 
 
 10,690 
 
 . 
 
 5,035 
 
 . . 
 
 . 23,959 
 
 . , 
 
 2,043 
 
 • • 
 
 2,431 
 
 M. 
 
 //MACCLESFIELD {C.F.) 
 
 37,514 
 
 ^MAIDENHEAD {C.F.) . 
 
 8,219 
 
 //MAIDSTONE {Q.S.) 
 
 29,638 
 
 «MALDON {Q.S.) . 
 
 5,476 
 
 'MANCHESTER {Q.S.) . 
 
 . 341,508 
 
 MARGATE {Q.S.) . 
 
 15,889 
 
 SMARLBOROITGH (C.P.) 
 
 3,343 
 
 MIDDLESBOROTJGH {C.F.) . 
 
 55,288 
 
 //MONMOUTH {C.F.) . 
 
 6,112 
 
 WIORPETH .... 
 
 4,556 
 
 N. 
 
 bNEATH 10,447 
 
 bNEWARK (Q.S.) .... 14,019 
 
 BNEWB17RYfQ.fi'.). . . . 10,143 
 ^NEWCASTLE -UNDER - LYME 
 
 {Q.S.) 17,506 
 
 ♦♦//NEWCASTLE - UPON - TYNE 
 
 {Q.S.) 145,22S 
 
 bNEWPOET (I. of W.) (C.P.) . 9,430 
 
 sNEWPORT (Mon.) {C.F.) . . 35,382 
 
 bNORTHAMPTON [Q.S.) . . 51.880 
 
 •JbNORWTCH (Q.S.) . . . 87,813 
 
 ♦//NOTTINGHAM {Q.S.). . . 186,656 
 
 OLDHAM (C.P.) .... 111,343 
 
 bOSWESTRY [Q.S.) 
 OVER DARWEN (C.P. 
 
 ♦oOXFORD (Q.S.) . 
 
 P. 
 
 rtPEMBROKE {C.F.) 
 JPENRYX {CF.) . 
 sPENZANCE {Q.S.) 
 'PETERBOROUGH 
 ^PLYMOUTH {Q.S.) 
 bPONTBFRACT {Q.S) 
 U POOLE (Q.S.) . 
 //PORTSMOUTH (Q.S.) 
 //PRESTON (CF.) . 
 /-PWLLHELI . 
 
 R. 
 
 ^READING (Q.S.) . 
 REIGATE (CF.) . 
 JRETFORD (EAST) (C.P.) 
 //RICHMOND (Yorks.) (Q.S. 
 *«RIPON (C.P.) . 
 ROCHDALE (C.F ) . 
 *a ROCHESTER (Q.S.) . 
 aROMSEY (C.P.) . 
 ROTHERHAM (C.F.) . 
 b RUTHIN 
 RYDE (C.F.) . 
 JRYE (Q.S.) . 
 
 7,851 
 29,747 
 35,929 
 
 s. 
 
 14.197 
 
 3,463 
 
 11,684 
 
 21,219 
 
 75,096 
 
 8,798 
 
 12,303 
 
 127,953 
 
 96,532 
 
 3,239 
 
 42,050 
 
 18,656 
 
 9,748 
 
 4,502 
 
 7,390 
 
 68,865 
 
 21,590 
 
 4,204 
 
 34,782 
 
 3,034 
 
 11,422 
 
 4,220 
 
 //SAFFRON WALDEN (Q.S.). 
 
 6,056 
 
 *«St. ALBANS (C.P.) . 
 
 10,930 
 
 St. HELENS (C.F.) 
 
 57,234 
 
 «St. IVES (Cornwall) (C.P.) 
 
 6.441 
 
 St. IVES (Hunts) . 
 
 3.036 
 
 SALFORD (C.P.) . 
 
 176,233 
 
 ^SALISBURY (Q.S.) . 
 
 14,576 
 
 4SANDWICH (Q.S.) 
 
 2,846 
 
 //SCARBOROUGH (Q.S. ) 
 
 30,484 
 
 /.SHAFTESBURY . 
 
 2,312 
 
 SHEFFIELD (Q s.) 
 
 . 284,110 
 
 bSHREWSBTJRY (Q.S.) . 
 
 26,478 
 
 +„SOET1IAMPTON (^..S'.) . 
 
 60,235 
 
 /.SOUTH MOLTON (Q.S.) . 
 
 3,340 
 
 SOUTIIPORT (C.F.) 
 
 32,191 
 
 SOUTH SHIELDS (C.P.) 
 
 66,922 
 
 /,S< >l "11 1 WOHD (''./'.) . 
 
 2,111 
 
 //STAKE* )KD (C.P.) 
 
 19,982 
 
 STALYBRIDGE (C.P.) . 
 
 22,784 
 
 bSTAMFORD (Q.S.) 
 
 8,776 
 
 sSTOOKPORT (G.P.) 
 
 69,544 
 
 bSTOCKTON-ON-TEES (C.P.) 
 
 4 1,010 
 
 BTOEJE-UPON-TRENT . 
 
 19,263 
 
 JSTRATFORD - UPON - AVOl 
 
 * 
 
 (C.F.) .... 
 
 8,053
 
 230 
 
 THE ENGLISH MUXICIPAL CODE. 
 
 ^SUDBURY (Q.S.) . 
 «SUNDKRLA.ND (C.P.) 
 SWANSEA (C.P.) . 
 
 T. 
 
 W. 
 
 6,584 
 
 116,262 
 
 63,739 
 
 iTAM WORTH (C.P.) . 
 
 4,888 
 
 TAUNTON .... 
 
 16,611 
 
 4TENBY (C.P.) 
 
 4,783 
 
 iTENTERDEN (Q.S.) . 
 
 3,620 
 
 ^TEWKESBURY {Q.S.) . 
 
 5,100 
 
 ATHETFORD (Q.S.) 
 
 4,034 
 
 aTIVERTON (Q.S.) 
 
 10,462 
 
 ATORRINGTON (GREAT) . 
 
 3,445 
 
 WOTNES (C.P.) . 
 
 4,089 
 
 *«TRURO (C..P) . 
 
 10,663 
 
 TYNEMOUTH (C.P.) . 
 
 43,863 
 
 WAKEFIELD (C.P.) 
 
 30,573 
 
 6WALLTNGFORD (C.P.) 
 «WALSALL(Q,S'.) . 
 WARRINGTON (C.P.) . 
 ^WARWICK (Q.S.) 
 aWELSHPOOL (C.P.) . 
 *«WELLS (C.P.) . 
 «WENLOCK (Q.S.) . 
 WEST BROMWICH . 
 ffWEYMOUTH (C.P.) . 
 «WIGAN (Q.S.) 
 ^WINCHESTER (Q.S.) 
 flWINDsOK (Q.S.) . 
 ^WISBECH (C P.) . 
 WOLVERHAMPTON (Q.S.) 
 ^WORCESTER (Q.S.) . 
 WREXHAM (C.P.) 
 
 Y. 
 
 « YARMOUTH (GREAT) (Q.S.) 
 YEOVIL (C.P.) 
 ♦JaYORK (Q.S.) . 
 
 2,803 
 58,808 
 41,456 
 11,802 
 
 7,090 
 
 4.633 
 19.474 
 56,299 
 13,704 
 48,196 
 17,469 
 12,273 
 
 9,24 8 
 75,738 
 33,955 
 10,928 
 
 46,211 
 
 8,480 
 
 54,198 
 
 Cities and Boroughs named above -which had a corporate existence before 1835 .... 178 
 
 Cities and Boroughs incorporated since 1835 68 
 
 Total of Municipal Cities and Boroughs 246 
 
 Cities and Boroughs having a separate Commission of the Peace and Quarter Sessions 100 
 
 Cities and Boroughs having a Commission of the Peace only 105 
 
 Cities and Boroughs in which the County Magistrates have concurrent jurisdiction 
 
 with the Mayor and the immediate Past Mayor 41 
 
 Total 246 
 
 Cities and Boroughs which are Counties of themselves 18 
 
 Cities and Boroughs which have a separate Police Force 158
 
 231 
 
 LIST OF CASES QUOTED. 
 
 PAGE 
 
 Addison v. Mayor, &c, of Preston . . 152 
 Aldridge v. Hurst . . . . .87 
 Arnold v. Mayor, &c, of Gravesend . 103, 127 
 Aslatt v. Mayor, &c. of Southampton . 50 
 
 Attorney- General v. Corporation of Avon. 171 
 V. Corporation of Bir- 
 mingham . 101, 134 
 v. Corporation of Lich- 
 field . . . 12S 
 v. Corporation of 
 
 Shrewsbury . .121 
 v. Corporation of Thet- 
 
 ford _ . . .134 
 
 V. Corporation of 
 
 Wigan. . .127 
 v. Corporation of Great 
 
 Yarmouth . .105 
 v. Moore . . .179 
 
 Barnstaple, Case of, Municipal Election . 65 
 Bates v. Winstanley .... 137 
 Baylis v. Strickland . . . .37 
 Birkbeck, ex parte . . . 31, 77 
 Birley v. Inhabitants of Salford . .134 
 Birmingham, ex parte, Mayor of . .138 
 Blankley v. Winstanley .... 137 
 Boyd v. Croydon Railway Company. . 182 
 Bradley v. Bayless . . . . . 4G 
 Brown v. Evans . . . . .141 
 Budge v. Andrews and others 59, 67, 69, 85 
 Burgoyne v. Collins 05 
 
 Candlish v. SimpBon 
 
 Clementson v. Mason 
 
 Cole v. Gane .... 
 
 Connell v. Mayor, &c, of Newcastle- 
 
 Tyne 
 
 Cortis v. Kent "Waterworks Company 
 Co.-tor v. Hetherington 
 Creek, re 
 
 Derby Caso .... 
 Doe d. Parr v. Roo . 
 
 Evan v. Corporation of Avon . 
 E\erett v. Grapes 
 
 on- 
 
 139 
 
 66 
 
 158 
 
 52 
 182 
 
 51 
 28 
 
 107 
 127 
 
 120 
 41 
 
 PAGE 
 
 Gothard and others v. Clarke and others . 67 
 
 Grainger v. Taunton 149 
 
 Grant v. Overseers of Pagham . . .83 
 
 Hallett v. Churchwardens of Brighton .114 
 Hard wick v. Brown . . . . .51 
 
 Hargreaves v. Scott . . . • .97 
 v. Simpson . . . • 81 
 Harmon v. Park . . • • 61, 65 
 Harwich, Mayor, &c, of, v. Gant . . 180 
 Helleston Case ..... 167 
 
 Hereford Election Petition . . .87 
 llindmarch, ex parte . . • .31 
 
 Hine v. Reynolds H2 
 
 Hopkin? v. Mayor, &c, of Swansea . 41, 167 
 Howes v. Turner . . 66, 85 
 
 Hythe, ex parte, Corporation of . . 125 
 
 Iles r. Assessment Committee of West 
 Ham Union, &c 47 
 
 of Carmarthen. 
 
 Jones v. Mayor, &c. 
 v. Johnson 
 
 Kirby v. Biffen 
 
 Lake v. Butler 
 
 Lewis v. Cnvr .... 
 
 v. Mayor, <Src, of Rochester 
 Lichfield, Mayor, &c.., of v. Simpson 
 
 Loverinsr v. Dawson 
 Lyme Regis, Case of 
 
 86, 89, 90, 96, 
 
 36 
 128 
 
 46 
 
 29 
 31 
 
 134 
 37 
 98 
 
 27 
 
 Maidenhead Election Petition . . 96 
 
 Mi at her v. Brown . . . 65,73,189 
 
 ,M snide t>. Lowloy . . 84,86,87,88,08 
 Mellor v. Lather ... . 159 
 
 Middleton v. Simpson 
 
 Milnci v. Bale 
 
 Moger v. Escott 
 
 Molesworth, ex parte 
 
 Monks v. Jackson 
 
 Morfee v. Non is 
 
 Moss v. Overseers of Lichiii M 
 
 Nash r. Poombs 
 
 Newcastle, in re Corporation of 
 
 30 
 82 
 29 
 32 
 
 G6 
 
 46 
 29 
 
 1C7 
 121
 
 232 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 
 PAGE 
 
 
 
 PAGE 
 
 Okeiiampton Case . . . . 
 
 . 1G7 
 
 Reg. v. Parkinson 
 
 
 63, 65 
 
 Oxford Charities, in re 
 
 . 121 
 
 v. Perkin 
 v. Plenty 
 
 
 . 150 
 
 . 73 
 
 Take v. Hartshorn . 
 
 . 90 
 
 v. Poole, Corporation of . 
 
 
 . 121 
 
 Pickering v. J imes . 
 
 . 80 
 
 v. Prest .... 
 
 
 36, 127 
 
 v. Star tin . 
 
 . 87 
 
 v. Price .... 
 
 
 . 93 
 
 Powell v. Powell . 
 
 . 124 
 
 v . Ripon, Justices of 
 
 
 . 178 
 
 Prestney v. Mayor, &c, of Colcheste 
 
 r and 
 
 v. Saffron Walden, Inhabitants 
 
 of . 29 
 
 the Attorney-General . 
 
 . 168 
 
 v. Salop, Justices of . 
 
 v. Sheffield, Mayor, &c, of 
 
 
 . 144 
 . 127, 134 
 
 Reg. v. Aheravon, Mayor, &c, of 
 
 . 171 
 
 v. Strachan 
 
 
 . 60 
 
 v. Bradley 
 
 . 73 
 
 v. Suffolk, Justices of 
 
 
 . 144 
 
 v. Bridgnorth, Mayor of . 
 
 . 29 
 
 v. Tart .... 
 
 
 . 80 
 
 v. Bridgwater, Mayor of . 
 
 . 127 
 
 v. Tewkesbury, Mayor &c., 
 
 of 
 
 . 63 
 
 v. Bristol, Recorder of 
 
 . 137 
 
 v. Thomas 
 
 
 35, 40 
 
 v. Carmarthen, Recorder of 
 
 . 130 
 
 v. Tug well 
 
 
 61, 63 
 
 v. Charles 
 
 . 144 
 
 v. Ward .... 
 
 
 . 181 
 
 v. Chipping Norton . 
 
 . 28 
 
 v. Welshpool, Mayor of 
 
 
 . 86 
 
 v. Chipping Wycombe, Mayor < 
 
 )f . 29 
 
 v. White .... 
 
 
 . 64 
 
 v. Cockburn 
 
 . 137 
 
 v. York, Mayor, &c, of . 
 
 
 . 153 
 
 v. Cumpton 
 
 . 159 
 
 Reigate, Mayor of, v. Hart 
 
 W] 
 
 , 140, 179 
 
 v. Deane .... 
 
 . 137 
 
 Rex v. Amos .... 
 
 
 . 137 
 
 V. Dunn .... 
 
 . 127 
 
 v. Bond .... 
 
 
 . 130 
 
 v. Ellis 
 
 . 151 
 
 v. Chitty .... 
 
 
 . 52 
 
 v. Exeter, Mayor of, &c. . 
 
 29, 46 
 
 v. East Bridgeford 
 
 
 . 167 
 
 r. Fox .... 
 
 . 140 
 
 v. Sankey .... 
 
 
 . 121 
 
 v. Francis 
 
 . 31 
 
 v. Staeey .... 
 
 
 . 181 
 
 v. Frost . 
 
 . 127 
 
 v. Stokes .... 
 
 
 . 182 
 
 V. Greene 
 
 . 127 
 
 v. Trevenen 
 
 
 . 181 
 
 v. Grimshaw 
 
 . 37 
 
 Rochester, Mayor, &c. of, v. Regina 
 
 . 7S 
 
 v. Hague .... 
 
 . 85 
 
 Rutter v. Chapman . 
 
 
 . 170 
 
 v. Hall and others 
 
 . 93 
 
 
 
 
 v. Harrald 
 
 . 59, 75 
 
 Simpson v. Yeend 
 
 
 . 81 
 
 v. Harwich, Mayor of 
 
 . 61 
 
 v. Ready 
 
 
 31, 180 
 
 v. Hay ward 
 
 . 143 
 
 Smith v. Regina 
 
 
 . 144 
 
 r. Hodson 
 
 . 180 
 
 Soper v . Mayor of Basingstoke 
 
 
 . 66 
 
 r. Holden 
 
 . 158 
 
 Stafford, Mayor of, v. Bolton . 
 
 
 . 27 
 
 v. Hull, Governor of Poor in 
 
 . 36 
 
 Staniland v. Hopkins 
 
 
 121, 124 
 
 v. Hulton 
 
 . 162 
 
 Stevenson v. Mayor, &c, of Berwick 
 
 . 36 
 
 v. Himtslet f 
 
 . 130 
 
 Sutton r. Bishop 
 
 
 . 83 
 
 v. Ireland 
 
 . 29 
 
 Swinford v. Keble . 
 
 
 . 123 
 
 v. Jones ..... 
 
 . 171 
 
 
 
 
 v. Leeds, Mayor of . 
 
 . 51 
 
 Taylor v. Vergette . 
 
 
 . 36 
 
 v. Lichfield, Mayor, &c, of 2i 
 
 , 118, 127 
 
 Thomas v. Mayor, &c, of Swansea 
 
 . 36 
 
 v. Liverpool, Mayor of 
 
 127, 128 
 
 
 
 
 v. Llangian, Inhabit mts of 
 
 . 138 
 
 Wakefiexd Board of Health 
 
 v. 
 
 West 
 
 v. Maidenhead, Corporation of 
 
 . 96 
 
 Riding and Grimsby Railway Con 
 
 lpany 137 
 
 v. Masters 
 
 . 44 
 
 Williams v . Mayor of Tenby . 
 
 
 . 88 
 
 v. Monmouth, Mayor of . 
 
 . 78 
 
 Wilson v. Strugnell . 
 
 
 . 136 
 
 v. New Windsor, Mayor, &c, o 
 
 f 29, 135 
 
 Winn v. Mossman . 
 
 
 . 139,179 
 
 v. Monck 
 
 . 135 
 
 Woods v. Reed 
 
 
 . 128 
 
 v. Oldham 
 
 . 31 
 
 Woodward v. Sarsons 
 
 
 . 71 
 
 v. Oswestry, Treasurer of 
 
 . 148 
 
 Wray, in re 
 
 
 . 83 
 
 v. Owens 
 
 . 63 
 
 
 
 
 v. Oxford, Mayor of . 
 
 . 51 
 
 Yates v. Leach 
 
 86, 
 
 89, 95, 98 
 
 v. Paraniore 
 
 . 127 
 
 

 
 233 
 
 GENERAL INDEX 
 
 (Comprising References to the Paragraphs and Subsections of each Section, and the 
 Paragraphs and Parts of each Schedule of the Act, with the Pages on which 
 the same appear ; and also References to Comments and Footnotes). 
 
 
 Sec. i 
 
 5ubsec. 
 
 Para. 
 
 Sched. 
 
 Tart. 
 
 Para. 
 
 Page. 
 
 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 : 
 
 fromtreasurer to Local Government Board 
 from town clerk to ditto 
 as to heads under which to be made up . 
 as to inspection of . 
 
 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 
 &c.) 
 
 ACT (45 & 46 Vict. c. 50) : 
 
 title of 
 
 how divided ...... 
 
 extended only to England and Wales 
 
 commencement of . 
 
 application of. ... 
 
 ACTION : 
 
 to recover fine from mayor, assessor, or 
 alderman, town clerk, or overseer, for 
 neglect of duties in reference to revi- 
 sion or election not to be brought after 
 three months ..... 
 
 moii ly of fine in, to be paid to plaintiff . 
 
 against any person for any act dime in 
 pursuance of Act, or for any alleged 
 neglect or default, not to lie or be 
 instituted unless commenced within 
 nix months ...... 
 
 where, for damages, tender of am< ad 
 before same commenced may be 
 pleaded ...... 
 
 96 
 
 39 
 39 
 
 26 
 
 28 
 
 233 
 
 34 
 34 
 
 1 
 2 
 3 
 4 
 G 
 
 75 
 75 
 
 22G 
 22G 
 
 1-4 
 
 1 
 
 4 
 
 • • 
 
 1-6 
 
 4 
 
 1 
 1 
 
 • • 
 
 1-3 
 
 3 
 
 1 
 2 
 
 b 
 
 m • 
 
 » • 
 • • 
 
 8 
 
 • • 
 ■ ■ 
 
 2 
 
 • ■ 
 • • 
 
 w . . • .... • .... 
 
 . . .... . 
 
 95 
 
 204-5 
 28 
 
 51 
 52 
 
 42 
 
 42-3 
 
 43 
 
 187 
 
 48 
 48 
 
 14 
 14 
 21 
 21 
 
 24 
 
 78-9 
 
 79 
 
 1S1 
 182
 
 234 
 
 TEE EXGL1SE MUNICIPAL CODE. 
 
 ACTION— continued. 
 
 against corporate officers may be defended 
 out of borough fund with certain 
 limitations .~~ 
 
 ADDENDA (et CORRIGENDA) . 
 
 ADMIRALTY : 
 
 nothing in Act to affect powers vested in 
 
 ADJOURNMENTS: 
 
 of council meetings .... 
 
 revision cov.rt ..... 
 as to, of poll ..... 
 quarter sessions ..... 
 
 ADMINISTRATION, LETTERS OE : 
 
 as to title under, to be enrolled as burgess 
 
 ADMISSION OF FREEMEN : 
 
 as to stamp duty on, &c. 
 
 ADULTERATION : 
 
 several county expenses not to include 
 expenses incurred in detecting . 
 
 ADVOWSONS : 
 
 rights and duties of the council in respect 
 
 of 
 
 as to sale of, by council .... 
 regulations as to sale of . 
 
 ADVERTISEMENTS : 
 
 publication of in newspapers not to dis- 
 qualify proprietors .... 
 
 AFFIRMATION: 
 
 on election to corporate office may be 
 made by those entitled to do so . 
 
 AGE: 
 
 being above sixty-five exempted from 
 serving corporate office 
 
 AGENCY : 
 
 rules observed in parliamentary elections 
 to be observed in municipal elections . 
 
 AGENTS : 
 
 corrupt practices by, how a candidate 
 affected ...... 
 
 not to be employed as, if burgesses 
 if so employed to be Uable to fine . 
 not to vote under penalty 
 
 ALDERMEN : 
 
 number of ..... . 
 
 to be a councillor or qualified 1o be one . 
 councillor vacates seat if elected as 
 term of office of .... . 
 
 Sec. Subsec. 
 
 Para. 
 
 226 
 
 255 
 
 44 
 
 58 
 
 167 
 
 33 
 
 209 
 
 152 
 
 121 
 121 
 122 
 
 12 
 
 36 
 
 34 
 
 100 
 
 /SO 
 
 \ 83 
 
 82 
 
 82 
 
 82 
 
 14 
 14 
 
 14 
 14 
 
 1-2 
 
 3 
 1-4 
 
 Sched. Part. 
 
 pposite 
 
 Para. Page 
 
 page 
 
 25
 
 GENERAL IM)EX. 
 
 235 
 
 ALDERMEN— continued. 
 
 number of, and when to go out of office . 
 
 fine for not accepting office of 
 
 disqualified by bankruptcy 
 
 by l»i dng 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 
 votes to be declared elected 
 
 outgoing holder of the office may 
 elected mayor .... 
 
 when casual vacancy in office of, to 
 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 
 officer at parliamentary election 
 
 Sec. Subsec. Para. Sched. Part. Para. , Pago. 
 
 of 
 
 be 
 
 be 
 
 returning 
 
 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 : 
 
 ilixjualification of 
 
 ALMS {See Parochial Relief). 
 
 AMENDS (See Action). 
 
 APPEAL: 
 
 from decision of mayor in revising 
 burgess lists ..... 
 
 to validity of 
 
 nomination papers .... 
 
 by over- ei« against assessment of parish 
 
 to borough rate ..... 
 
 a person rated to borough rate in 
 
 divided parish . 
 
 244 
 165 
 165 
 
 14 
 34 
 39 
 
 6-7 
 1 
 1 
 
 39 
 39 
 
 1 
 
 4 
 
 60 
 
 1 
 
 60 
 60 
 
 3 
 
 60 
 60 
 
 60 
 
 4 
 4 
 5 
 
 60 
 
 6 
 
 60 
 
 7 
 
 15 
 
 2 
 
 66 
 
 1 
 
 67 
 
 1 
 
 67 
 
 2 
 
 75 
 
 1 
 
 47 
 
 55 
 
 144 
 
 146 
 
 d 
 
 14 
 
 33 
 48 
 50 
 
 61 
 52 
 
 72 
 72 
 
 73 
 73 
 73 
 
 73 
 73 
 33 
 75 
 76 
 
 76 
 
 78 
 
 190 
 146 
 146 
 
 28 
 
 61 
 
 66 
 
 129-30 
 
 131
 
 236 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 ARBITRATION : 
 
 in case 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 
 
 1 '• ' •••«••« 
 
 ARBITRATOR : 
 
 appointment of, on adjustment of rates 
 between borough and county on change 
 of boundary , 
 
 ASSESSORS : 
 
 two revising, 
 burgesses 
 borousrh 
 
 to be elected by the 
 in non-parliamentary 
 
 qualification 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 ...... 
 
 fine for not accepting office 
 
 day of election to be 1st 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 only one 
 
 within what time casual vacancy in 
 
 office of to be filled up 
 fine upon, for refusing, &c, to revise 
 
 parish burgess list .... 
 
 ASSESSED TAXES : 
 
 of land taxes or assessed taxes not to be 
 affected by Act 
 
 ASSISTANT CLERK OF THE PEACE : 
 appointment of . . . 
 fee to 
 
 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 . 
 
 Sec. Subsec 
 
 153 
 153 
 
 229 
 
 229 
 
 29 
 
 1 
 
 29 
 
 2 
 
 29 
 
 O 
 O 
 
 29 
 
 4 
 
 29 
 
 5 
 
 34 
 
 2 
 
 62 
 
 62 
 
 62 
 
 66 
 75 
 
 228 
 168 
 
 166 
 168 
 
 168 
 
 168 
 
 151 
 153 
 153 
 
 Para. 
 
 Schod. 
 
 Part. 
 
 Para. 
 
 Page.
 
 GENERAL IXDEX. 
 
 237 
 
 AUDITORS : 
 
 disqualified for office 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 ..... 
 as to voting for them and assessors at 
 
 the same time ..... 
 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 ho 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 10 
 
 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 offences in connection 
 
 with nomination papers 
 
 Sec. 
 
 12 
 25 
 
 25 
 
 25 
 
 25 
 27 
 34 
 
 62 
 
 62 
 62 
 
 66 
 
 104 
 
 58 
 
 58 
 
 Subsec. 
 
 Para. 
 
 Schcd. 
 
 Tart. 
 
 Para. 
 
 Page. 
 
 227 
 
 1 
 
 227 
 
 2 
 
 227 
 
 3 
 
 227 
 
 4 
 
 227 
 
 5 
 
 227 
 
 8 
 
 3 
 4 
 5 
 
 6 
 1 
 1 
 
 3 
 
 4 
 
 3 
 
 •l 
 
 1 
 1-10 
 
 31 
 
 42 
 
 4 2 
 
 42 
 42 
 42 
 
 42 
 
 42 
 48 
 
 74 
 
 74 
 74 
 
 75 
 
 182 
 183 
 
 183 
 183 
 
 183 
 
 183 
 
 100 
 
 79 
 
 70 
 
 79 
 69 
 
 69-70 
 
 70 
 
 71 
 
 77 
 
 78
 
 238 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 BALLOT PAPERS: 
 
 to be provided by mayor, 
 form of . 
 
 BANK OF ENGLAND : 
 
 meaning of term ..... 
 transfer, &c, of stock in 
 
 BANKRUPT : 
 
 disqualification by becoming . . 
 
 BANKRUPTCY : 
 
 wben disqualification by, is removed 
 
 BARRACKS : 
 
 this Act not to interfere with . 
 
 not liable to be rated .... 
 BARRISTER : 
 
 to try an election petition 
 
 qualification of .... . 
 
 disqualification of . 
 
 how and by whom to be appointed . 
 
 fresh appointment of, in case of death or 
 incapacity ...... 
 
 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 the conclusion of the trial 
 
 as to reporting to High Court . 
 
 may reserve questions of law or evidence 
 
 charge of corrupt practice, evidence 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 : 
 
 county of, to be considered as joining 
 Northumberland for the purposes of 
 criminal trials ..... 
 
 BIRTH : 
 
 admission to freedom by . . 
 
 BLIND PERSONS : 
 
 exemption of, from serving corporate office 
 
 BOROUGH : 
 
 interpretation of term .... 
 
 Sec. Su»seo. I Para. Scried. 
 
 7 
 118 
 
 39 
 
 39 
 
 254 
 
 92 
 92 
 
 92 
 92 
 
 92 
 92 
 93 
 
 93 
 
 93 
 93 
 93 
 93 
 
 93 
 
 101 
 
 153 
 153 
 
 33 
 
 188 
 
 201 
 
 34 
 
 7 
 
 1 
 
 1-7 
 
 1 
 
 2 
 3 
 
 4 
 
 5 
 6 
 
 1 
 
 3 
 
 4 
 
 5-6 
 
 4 
 
 4 
 
 Part. 
 
 Para. 
 
 4 
 K 
 
 Page. 
 
 70 
 
 204-5 
 
 2G 
 109-10
 
 GENERAL JXDEX. 
 
 239 
 
 of 
 
 Sec. J Subsec. 
 
 BOROX'GH continued. 
 
 as to division of, into wards . 
 may be divided into polling districts 
 meaning of term, on petition . 
 jurisdiction of county justices in _. 
 as to grant of separate commission 
 peace to ...... 
 
 appointment of stipendiary magistrate 
 
 for 
 grant of quarter sessions to 
 appointment of recorder of 
 liability of, having separate court of 
 quarter sessions, for prosecution ex- 
 penses ...... 
 
 sheriffs of, being a county of a city or 
 town ....••• 
 
 appointment of coroner in, where a 
 
 separate court of quarter sessions 
 where no separate court of quarter 
 
 sessions, county coroner to act in 
 
 provision as to juries in ... 
 
 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 
 
 grant to, of separate commission of the 
 
 peace or court of quarter sessions not 
 
 affected by subsequent grant to county 
 
 trials of offences committed in, being a 
 
 county of a city or county of a town 
 
 to be had in manner authorized by 
 
 38 Geo. 3, c. 52, unless a commission of 
 
 oyer and terminer and gaol delivery is 
 
 directed to be executed 
 
 jurisdiction in places separated from . 
 
 grant of charter to .... 
 
 provision as to police force in new . 
 service of summons or warrant issued . 
 
 by justice of . . . • 
 every place at commencement of Act in- 
 cluded withiu, then existing, and no 
 other place, to be part of, and in each 
 then existing which is a county of 
 itself to be part of that county, &c, 
 of no other ...... 
 
 where uuder the Act of 1835, or any 
 amending act any such county or 
 borough, does not at commencement of 
 Act include a place which before 
 passing of Municipal Corporations Act, 
 18 >5, was part thereof, that place to 
 continue to he part of county wherein 
 situate, or with which it has longest 
 common boundary .... 
 
 adjustment between, and counties on 
 change of boundai iea . . . . 
 
 mayor to be returning officer at parlia- 
 mentary elections of, except in Ber- 
 wick-upon-Tweed . . . . 
 
 30 
 64 
 
 77 
 1.31 
 
 156 
 
 101 
 162 
 
 163 
 
 169 
 170 
 171 
 
 174 
 
 186 
 
 186 
 
 187 
 
 1-15 
 
 Para . 
 
 Sched. ' Part. Para- Page. 
 
 1 
 
 1-3 
 
 1 
 
 188 
 139 
 210 
 215 
 
 223 
 
 228 
 
 228 
 
 229 
 
 •J II 
 
 44-5 
 
 75 
 
 82 
 
 137 
 
 138 
 
 141 
 142 
 
 142 
 
 148 
 
 149 
 
 149 
 
 151 
 155-7 
 
 155 
 157 
 
 157 
 158 
 170 
 175 
 
 179 
 
 184 
 
 184 
 185 
 
 190
 
 240 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 BOROUGH continued. 
 
 if more mayors than one in a parlia- 
 mentary borough, mayor of that to 
 which writ of election is directed to 
 he returning officer .... 
 
 where mayor incapacitated council to 
 choose alderman to he returning officer 
 
 right of free trading in . 
 
 special provisions as to, of Hastings, 
 Sandwich, Dover, Hythe, and Rye 
 
 saving in Act as to existing corporations 
 
 BOROUGH BRIDGES : 
 
 as to maintaining, altering, rebuilding, 
 
 &c 
 
 form of mortgage ..... 
 transfer ..... 
 
 BOROUGH CIVIL COURT : 
 
 meaning of term . 
 
 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 ..... 
 
 recorder may appoint a deputy judge of, 
 
 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 
 barrister of five years' standing, 
 or a solicitor of five years' practice, 
 appointed by recorder 
 
 where no recorder, such officer 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 
 
 judge or assessor of, other than mayor, to 
 hold office during good behaviour 
 
 appointment of registrar and requisite 
 officers of . 
 
 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 ...... 
 
 time of holding ..... 
 
 every personal action brought in, to be 
 commenced by writ of summons 
 
 power for judge of, to make rules of pro- 
 cedure 
 
 where recorder is not judge of he is 
 to approve rules except when he is 
 deputy 
 
 all rules to be subject to approval of three 
 judges of High Court .... 
 
 jurisdiction of .... . 
 
 Sec. Subsec. 
 
 244 
 
 244 
 247 
 
 248 
 250 
 
 119 
 
 175 
 175 
 
 175 
 
 176 
 177 
 
 178 
 
 179 
 180 
 
 181 
 
 182 
 
 182 
 
 182 
 183 
 
 2 
 3 
 
 1-4 
 
 Para. 
 
 1-2 
 
 1 
 
 1-2 
 
 Sclied. 
 
 Part. 
 
 Para. 
 
 Pagei 
 
 4 
 4 
 
 P 
 
 Q 
 
 190 
 
 190 
 191 
 
 191-2 
 193-4 
 
 110-11 
 
 207 
 208 
 
 26 
 
 151 
 151 
 
 152 
 
 152 
 152 
 152 
 
 153 
 153 
 
 153 
 
 153 
 
 154 
 
 154 
 
 154
 
 GEXERAL IXI)EX. 
 
 2U 
 
 BOROUGH CIVIL COURT continued. 
 
 saving e'ause 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 
 
 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 c^^r^snalties for assaults on 
 
 prosecutions must not be both summary 
 and by indictment 
 
 where person charged with petty mis- 
 demeanour is brought without warrant 
 into custody of, during attendance at 
 the watch-house, bail for appearance 
 may be taken ..... 
 
 must enter particulars of bail 
 
 ley bail book before justice . 
 
 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 m.vije without 
 
 ORDER ...... 
 
 remuneration to mayor .... 
 recorder. 
 
 stipendiary magistrate . 
 town clerk 
 treasurer 
 
 clerk of the peace . 
 <■]• i k to the justices 
 every other oilicer ap- 
 pointed by the council 
 
 S3C. 
 
 184 
 
 185 
 
 191 
 191 
 191 
 
 192 
 
 193 
 194 
 195 
 
 195 
 
 227 
 227 
 
 101 
 139 
 140 
 
 140 
 
 140 
 
 140 
 
 141 
 141 
 
 142 
 
 142 
 
 143 
 143 
 200 
 140 
 
 Subscc. Para. 
 
 1-2 
 
 Sched. Part 
 
 Para. 
 
 Pa^e. 
 
 154-6 
 
 155 
 
 159 
 159 
 1G0 
 
 160 
 
 160 
 161 
 1G1 
 161 
 
 161 
 
 182 
 183 
 
 1S3 
 
 99 
 125 
 125 
 
 125 
 
 126-7 
 126 
 
 127 
 
 127 
 
 127 
 127 
 
 127 
 
 128 
 
 165 
 
 125 
 125 
 125 
 125 
 125 
 125 
 125 
 125 
 
 125 
 
 16
 
 242 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 BOROUGH FUND— continued. 
 
 as to remuneration and allowances cer- 
 tified by the Treasury to be payable in 
 respect of an election petition 
 
 certified by recorder 
 to be due to assistant recorder, assis- 
 tant clerk of the peace, or additional 
 crier ..... 
 
 Payments which mat: not be made 
 without an Order . 
 
 expenses of overseers and town clerk, 
 &c., in relation to enrolment of 
 burgesses and holding of municipal 
 elections ...... 
 
 incurred by town clerk in pro- 
 viding accommodation for an election 
 court ...... 
 
 of providing, furnishing, main- 
 taining or improving corporate build- 
 ings, including justices' rooms 
 
 fees payable to borough coroner 
 
 payments to borough police and special 
 constables ..... 
 
 salaries, wages, &c, to borough con- 
 stables at such periods as the watch 
 committee, with the approbation of the 
 council, direct ..... 
 
 such further sums as watch com- 
 mittee and town council award for 
 extraordinary diligence, or compen- 
 sation for injuries received, or as an 
 allowance by bodily injury, or worn 
 out by length of service 
 extraordinary expenses which a con- 
 stable bas incurred in apprehending 
 offenders and executing orders of 
 justices ...... 
 
 all other charges approved of which 
 watch committee direct to be paid for 
 the purposes of the constabulary 
 
 costs. &c, payable by corporation in 
 respect of prosecution, maintenance, 
 transport, or punishment of offenders 
 
 6ums payable to treasurer of the county. 
 
 expenses incidental to division of borough 
 into wards or alteration of wards, in- 
 cluding remuneration to commissioner 
 
 remuneration to clerk to commissioners 
 of taxes in respect of making copies of 
 assessments as the council think 
 reasonable ...... 
 
 expenses relating to charter of incorpora- 
 tion, &c. ...... 
 
 charged on borough fund by 
 any Act of 1'arliament, &c. 
 
 not in this Act otherwise 
 provided for necessarily incurred in 
 carrying Act into effect 
 
 Sec. 
 
 Subsec, 
 
 Para. 
 
 140 
 
 Sched. 
 
 5 
 5 
 
 Part. 
 
 Para. 
 
 5a 
 
 bb 
 
 5c 
 
 bd 
 
 9 
 10 
 11 
 
 12
 
 GEXERAL IXLEX. 
 
 213 
 
 Sec. 
 
 BOROUGH JUSTICES: 
 
 mavor and last mayor "to be . 
 
 qualification of 
 
 must make required oaths, except as to 
 estate qua'ihV ttion 
 
 must rts.de in or within seven miles of 
 borough or occupy house, &c, in 
 borough . • 
 
 need not he a burgess or have such 
 estate qualification as required for 
 countv justices ..... 
 
 jurisdiction of .... 
 
 net to act as justices at any court of gaol 
 delivery or quarter sessions, or in 
 making or levying any county or 
 borough rate . 
 
 not to be disabled from acting in execu- 
 tion of Act by re ison of being liable to 
 borouuh rate . 
 
 BOROUGH RATE : 
 
 expenses of election on certificate of 
 Treasury 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- 
 tain value ..... 
 
 appeal again=t by ovrr-eers . 
 
 recorder or court, to hear appeal . 
 
 expenses of appeal, how to be paid . 
 
 as to collection of, in a divided parish^ . 
 in an undivided parish 
 
 if party neglects to pay, amount may be 
 levied by distress . 
 
 1 5 5 
 
 1.37 
 
 157 
 
 157 
 
 157 
 
 158 
 
 158 
 158 
 
 101 
 
 144 
 144 
 144 
 
 144 
 144 
 
 144 
 144 
 144 
 144 
 146 
 145 
 
 146 
 
 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 upon indictment for 
 clerk of peace to indict for 
 
 BRIDGES, BOROUGH (See Borough 
 Bridges) . 
 
 Subsets. 
 
 Para. 
 
 - 
 
 Part . 
 
 Para. 
 
 Page. 
 
 228 
 229 
 
 7,7 
 81 
 84 
 84 
 
 1 
 
 1-2 
 
 3-4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 1 
 
 1-3 
 
 1 
 
 1-5 
 
 137 
 138 
 
 139 
 
 139 
 
 139 
 139 
 
 139 
 140 
 
 99 
 
 128 
 
 128-9 
 
 129 
 
 P9 
 123 
 
 129 
 129-30 
 130 
 130 
 131 
 130-1 
 
 131 
 
 102 
 
 1S4 
 185 
 
 81 
 84 
 85 
 85
 
 244 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 BRISTOL : 
 
 county of, to be considered as adjoining 
 Gloucestershire for purposes of criminal 
 trials ....... 
 
 BUILDING : 
 
 interpretation of term 
 
 BURGESS : 
 
 interpretation of term . 
 
 qualification of 
 
 disqualification of . 
 
 to be of full age 
 
 as to, occupying premises 
 occupation by . 
 rating by 
 payment of rates by 
 
 not to be an alien . 
 
 have received parochial relief 
 
 not disentitled under any Act of Par- 
 liament ...... 
 
 as to succession to qualifying property by 
 
 qualifying property of, need not be 
 throughout the twelve months consti- 
 tuting the period of qualification the 
 same property, or in the same parish . 
 
 not disqualified by receipts of medical or 
 surgical assistance from trustees of 
 municipal charities — or by child has 
 being admitted and taught in any public 
 or endowed school . 
 
 not to be enrolled in more than one ward 
 roll 
 
 Sec. 
 
 if enrolled in the burgess roll to be deemed 
 to be enrolled as . 
 
 no stamp duty for enrolment of 
 
 where parish burgess list revised under 
 this Act, a person whose claim has 
 been rejected or name expunged may 
 apply for a mandamus 
 
 if mandamus granted, mayor to insert 
 the name in the burgess roll, and to 
 add " by order of Her Majesty's High 
 Court of Justice " . . . . 
 
 entitled to sign or subscribe a nomina- 
 tion paper ...... 
 
 to vote ..... 
 
 not to vote in more than one ward . 
 
 may vote for full number of vacancies . 
 
 two burgesses at an election of coun- 
 cillors may require returning officer to 
 put questions to a burgess before voting 
 
 notice to be given by two burgesses of 
 casual vacancies in office of councillor, 
 auditor or assessor .... 
 
 not to be retained or employed for 
 payment or reward on behalf of a 
 candidate at a municipal election as 
 canvasser ...... 
 
 Subsec. Para. 
 
 18S 2 
 
 31 
 
 7 
 9 
 9 
 9 
 9 
 9 
 9 
 9 
 9 
 9 
 
 9 
 33 
 
 33 
 
 33 
 
 45 
 
 45 
 45 
 
 47 
 
 47 
 
 51 
 51 
 51 
 
 58 
 
 59 
 
 GG 
 
 82 
 
 1 
 1 
 2 
 2 
 
 2 
 2 
 2 
 
 2 
 
 o 
 o 
 
 4 
 
 6 
 
 8 
 9 
 
 Snhed. 
 
 Part. 
 
 Para. 
 
 P"ge. 
 
 a 
 b 
 c 
 d 
 e 
 a 
 b 
 
 a-b
 
 GENERAL INDEX. 
 
 245 
 
 BURGESS— continued. 
 
 penalty for being so employed 
 
 not to vote if retained, if lie does to be 
 liable to penalty .... 
 
 votes of , when guilt}' of corrupt prac- 
 tices to be struck off on a scrutiny . 
 
 who has voted at an election not to be 
 questioned as to lor whom he has voted 
 
 liability of, to serve on juries in 
 boroughs hiving separate court of 
 quarter sessions or borough civil court 
 
 as to rights of nomination of councillors by 
 
 BURGESS LISTS (See also Revision) : 
 
 how made out where the whole or part 
 of the area of a borout>h is co-exten- 
 sive with or included in parliamen- 
 tary borough . . ... 
 
 how where no part is co-extensive with 
 or so included ..... 
 
 to be styled parish burgess lists 
 
 form of . 
 
 BURGESS ROLL (See above) : 
 
 not liable to be questioned, by reason of 
 defect in title of mayor or any revising 
 authority by whom revised if then in 
 actual exercise of the office 
 
 to be prepared by town cleik . 
 
 completed on or before the 20th 
 October, and to come into operation 
 on the 1 st 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 ward 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 have 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 i very 
 person not enrolled to be deemed not 
 i in oil* d as a burgess 
 
 no stamp duty in respect of enrolment . 
 
 to be arranged as council shall direct 
 in alphabet ical 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 duo time . 
 
 Sec. 
 
 82 
 82 
 85 
 
 101 
 
 18G 
 
 Subsec. Para. S< 
 
 44 
 
 44 
 44 
 
 45 
 
 45 
 45 
 
 45 
 
 45 
 4 5 
 4G 
 4G 
 
 48 
 
 10 
 71 
 
 42 
 
 3 
 
 45 
 
 1 
 
 45 
 
 2 
 
 45 
 
 
 9. 
 
 1 
 2 
 
 1 3 
 2 
 
 Pai t. 
 
 Par 
 
 Page. 
 
 84 
 
 84 
 
 85 
 
 100 
 
 155 
 
 64-7 
 
 55 
 
 57 
 68 
 
 201 
 
 54 
 5S 
 
 53 
 59 
 
 59 
 
 59 
 
 59 
 
 59 
 
 69 
 60 
 60 
 
 GO 
 
 Gl 
 
 G2 
 
 77
 
 246 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 BUSINESS : 
 
 place of, is not " abode " 
 
 BYE-LAWS : 
 
 council may make bye-laws for the good 
 rule and government of borough and 
 the prevention and suppression of 
 nuisances ...... 
 
 amount ot fine for contravention of 
 
 not to be made unless two-thirds of 
 council present ..... 
 
 not to come into force until after forty 
 days after copy affixed on town hall . 
 
 not to come into force until forty days 
 after sealed copy is sent to Secretary of 
 State ....... 
 
 may be disallowed by the Crown . 
 
 offences against, may be prosecuted sum- 
 marily ...... 
 
 evidence of ..... . 
 
 judicial interpretation of scope and effect 
 of 
 
 and 
 
 CAMBRIDGE, UNIVERSITY OE : 
 nothing in Act to effect rights 
 privileges of .... 
 vice-chancellor may be a justice of peace 
 
 for borough 
 
 not to have greater 
 authority as to grant of licences to 
 alehouses than any other justice . 
 nothing to affect his rights and privi- 
 leges 
 
 CANDIDATE : 
 
 meaning of term ..... 
 
 disqualification and penalties and for- 
 feitures of, guilty of corrupt practices . 
 
 how it may cease [See Perjury). 
 
 consequences to, if found by election 
 court guilty of corrupt pi actices 
 
 how ; if found guilty on indictment or 
 action ...... 
 
 consequences to, if found by election 
 court that he has by an agent been 
 guilty of corrupt practices . 
 
 not to retain or employ for reward a 
 burgess as canvasser .... 
 
 penalty for so retaining .... 
 
 paying or agreeing to pay money on 
 account of conveyance of voter to or 
 from poll, guilty of an offence against 
 act, fine ...... 
 
 two or more may be made respondents in 
 a petition ...... 
 
 Sec. 
 
 23 
 23 
 
 23 
 
 23 
 
 23 
 23 
 
 23 
 24 
 
 257 
 249 
 
 249 
 249 
 
 77 
 78 
 
 79 
 79 
 
 80 
 
 82 
 82 
 
 83 
 91 
 
 Subsec, 
 
 4 
 
 ■1 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 «-/
 
 GENERAL IXDEX. 
 
 247 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Pai t . 
 
 Para 
 
 Page. 
 
 CANDIDATE— continued. 
 
 acts of, valid though election after-wards 
 invalidate d . 
 
 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 
 
 CANVASSER (See Agent) : 
 
 meaning of term ..... 
 burgesses must not be employed as paid . 
 
 CASES QUOTED: 
 
 CASTING VOTE: 
 
 in council ...... 
 
 at election of councillors. 
 
 aldermen or mayor, chair- 
 man may nive, 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 fill, as to . . 
 as to when more than one 
 non-acceptance of office creates 
 in the office of councillor, elective audi- 
 tor, or revising assessor, within what 
 time 10 be rilled up .... 
 as to, in office of mayor .... 
 where acandidate unseated, and no 
 other declared duly elected . 
 
 CATHEDRALS: 
 
 saving in Act as to jurisdiction over pre- 
 
 CER'TFICATE OF BARRISTER: 
 
 barrister to certify result of trial of 
 petition ...... 
 
 to be linal ...... 
 
 copy of, upon the trial of a petition to be 
 sent to S> cretary of SI ite . 
 
 to be sent by High Court to tin- 
 town clerk ...... 
 
 as to costs ...... 
 
 CERTIORARI: 
 
 no conviction, order, &c, under Act to 
 
 be removed by (except as under) . 
 orders of cou neil lor payment of money 
 out of borough fund may h; removed by 
 
 102 
 
 77 
 82 
 
 • • 
 
 58 
 
 1 60 
 1.61 
 
 60 
 
 40 
 40 
 40 
 
 66 
 66 
 
 103 
 
 93 
 93 
 
 93 
 
 93 
 98 
 
 220 
 111 
 
 * • 
 
 1 
 
 • • 
 
 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 
 
 a • 
 
 11 
 
 • • 
 
 • • 
 
 • • 
 
 S9 
 
 64 -5 
 65 
 65 
 
 66 
 
 67 
 
 67 
 
 82 
 84 
 
 231-2 
 
 3S 
 71 
 
 ( 73 
 \ 74 
 
 73 
 
 52 
 52 
 53 
 
 75 
 75 
 
 100 
 
 196 
 
 90 
 90 
 
 92 
 
 92 
 96-7 
 
 178 
 127
 
 248 
 
 THE ENGLISH MUNICIPAL CUBE. 
 
 CERTIFICATE OF INDEMNITY: 
 
 to be given to witness who answers 
 
 questions in criminating himself, 
 expenses of witnesses under . 
 
 CERTIFICATE OF TREASURY: 
 
 necessary lor payment of election expenses 
 out of borough fund or rate 
 
 CHAIRMAN, THE (See also Mayor— Casting 
 Vote — Council; &c.) : 
 
 at election of mayor, may give casting 
 vote ....... 
 
 his duties at election of aldermen . 
 
 CHAPEL (See also Church) : 
 
 municipal election not to be held in a . 
 
 CHARITABLE TRUSTS : 
 provisions as to 
 who may be trustees of 
 
 CHARTER, NEW : 
 
 as to grant of, to borough 
 
 power to Crown in granting, to boroughs 
 to extend to it the provisions of 
 Municipal Corporations Acts : 
 
 petition for, to be referred to committee 
 of Privy Council ..... 
 
 notice of petition of, to be published 
 
 power by, to fix number of councillors 
 and wards, times for retirement of 
 aldermen and councillors, and other- 
 wise to adapt Municipal Corporation 
 Acts to first constitution of new 
 
 borough 
 
 of 
 
 existing 
 
 scheme for continuance or abolition 
 and adjustment of rights of 
 local authorities and officers 
 Proceedings for scheme on grant of 
 
 committee of council may require draft 
 scheme to be submitted with petition . 
 
 validity of, not to be questioned in any 
 legal proceeding ..... 
 
 to be laid before Houses of Parliament 
 within one month after grant 
 
 where granted to a borough within seven 
 years, prior to August 14th, 1877, powf r 
 of committee of council to settle scheme 
 
 where granted before this, passing of this 
 Act not to be prejudicially affected 
 thereby ...... 
 
 diaft to be published by advertisement or 
 otherwise ...... 
 
 committee shall consider local objections. 
 
 scheme when settled to be published in 
 London Gazette and otherwise 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 94 
 94 
 
 5 
 9 
 
 
 
 
 
 101 
 
 1 
 
 • • 
 
 ..-. 
 
 ... 
 
 .... 
 
 61 
 60 
 
 4 
 5-7 
 
 
 
 
 
 69 
 
 
 
 
 
 
 133 
 154-5 
 
 1 
 
 
 ... 
 
 .... 
 
 *• • 
 
 210 
 
 
 
 
 
 
 210 
 
 
 
 
 
 
 211 
 211 
 
 J 
 
 2 
 
 * * 
 
 
 
 
 212 
 
 1 
 
 a-ct 
 
 • • 
 
 .... 
 
 ••- • 
 
 213 
 214 
 
 1 
 3 
 
 • * 
 
 » a 
 
 7 
 
 • •- 
 
 1-9 
 
 •• 
 
 •• 
 
 • • 
 
 7 
 
 • • 
 
 1 
 
 216 
 
 1 
 
 
 
 
 
 216 
 
 2 
 
 
 
 
 
 217 
 
 
 
 
 
 
 250 
 
 
 
 
 
 
 
 '• 
 
 •• 
 
 7 
 7 
 
 , , 
 
 2 
 3 
 
 . . 
 
 •• 
 
 • • 
 
 7 
 
 
 4 
 
 Page. 
 
 92 
 93 
 
 99 
 
 74 
 73 
 
 76 
 
 120 
 121-2 
 
 170 
 
 170 
 
 171 
 171 
 
 172 
 
 172 
 175 
 
 17.5 
 
 176 
 
 176 
 
 176 
 
 193 
 
 175 
 175 
 
 175
 
 GENERAL INDEX. 
 
 2i9 
 
 CHARTER, NEW— 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, an\ thing 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, of boroughs of 
 
 Hastings, Sandwich, Dover, Hythe 
 
 and Rve ...... 
 
 this Act not to affect Cinque Ports Act, 1 869 
 nothing in Act to affect jurisdiction 
 
 ot Lord Warden of 
 districts comprised within those, named 
 
 in this Act ...... 
 
 Sec. 
 
 188 
 
 230 
 
 G9 
 
 248 
 248 
 
 256 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 7 
 7 
 
 Part. 
 
 Fara. 
 
 5 
 
 6 
 
 1 kc. 
 7 
 
 CITIES : 
 
 list of under Act 
 
 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 . ...... 
 
 CLERGYMEN : 
 
 disqualified from being councillors . 
 
 CLERK OF THE PEACE : 
 
 to prosecute for bribery, undue influence 
 or personation, if so directed by elec- 
 tion court ...... 
 
 12 
 
 84 
 
 Patje. 
 
 175 
 175 
 
 175 
 175 
 
 175 
 
 158 
 
 F 
 D 
 
 185-6 
 76 
 
 191-3 
 193 
 
 195 
 
 192 
 
 227-30 
 
 25 
 27 
 
 27 
 202 
 202 
 
 31 
 
 Bfi
 
 250 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 CLERK OF THE PEACE— continued. 
 
 appointment of .... 
 to hold office during aood behaviour 
 may appoint deputy .... 
 to signify appointment of deputy to 
 
 council ...... 
 
 fees of, if paid by . 
 
 to appoint an assistant, where second 
 
 court of quarter sessions formed . 
 remuneration of assistant 
 to give public notice of time and place of 
 
 holding quarter sessions, and to summon 
 
 juries ....... 
 
 to make out lists of persons summoned on 
 
 juries ....... 
 
 duties of, as to fines and forfeitures 
 
 CLERK TO BOROUGH JUSTICES : 
 
 appointment of .... 
 
 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 
 
 not to be by himself or partner interested 
 in prosecution of any o (lender com- 
 mitted for trial by justices at any court 
 of gaol delivery or quarter sessions 
 
 penalty on, for acting in contravention of 
 section ...... 
 
 proviso as to reappointment of, in office 
 on 6th August, 1861 . 
 
 COLLECTOR OF RATES: 
 must attend revision court 
 may be examined on oath 
 
 S:c. 
 
 COMMISSION OF THE PEACE : 
 
 Queen, on petition of council of borough, 
 may grant a separate .... 
 
 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 .... 
 
 to deal with petition for new charter and 
 matters thereon ..... 
 
 COMMITTEES OF TOWN COUNCIL: 
 
 may be appointed for certain purposes . 
 
 a member of the council not to vote or 
 take part in if interested . 
 
 vacancy in constitution of not to invali- 
 date acts ...... 
 
 minu'.e of proceedings of, to be taken as 
 evidence ..... 
 
 to be deemed to be properly constituted 
 until contrary proved .... 
 
 watch committee to comprise one-third of 
 council ...... 
 
 164 
 164 
 164 
 
 164 
 164 
 
 168 
 168 
 
 186 
 
 186 
 222 
 
 159 
 
 159 
 
 159 
 
 159 
 
 159 
 
 Sub sec. 
 
 156 
 
 213 
 
 1 
 
 210-8 
 
 
 22 
 
 2 
 
 22 
 
 3 
 
 22 
 
 4 
 
 22 
 
 5 
 
 22 
 
 6 
 
 190 
 
 1 
 
 1 
 
 2 
 3 
 
 4 
 5 
 
 5 
 8 
 
 Para. 
 
 3 
 4 
 6 
 
 Sohed. 
 
 Part. 
 
 Para. 
 
 20 
 
 22 
 
 Pa.sre. 
 
 143 
 113 
 143 
 
 144 
 144 
 
 147 
 148 
 
 156 
 
 156 
 179 
 
 140 
 
 140 
 
 140 
 140 
 
 140 
 
 58 
 58 
 
 138 
 
 172 
 
 170-7 
 
 38 
 39 
 39 
 39 
 40 
 159
 
 GEXERAL IXDEX. 
 
 251 
 
 COMMON LANDS: 
 
 right in. &c, preserved to freemen, their 
 wives and children .... 
 
 COMMON LAW PROCEDURE ACT, 1850 : 
 
 provisions for affirmations in place of 
 
 oaths ....... 
 
 COMMON SEAL {See Corporate Seal- 
 Seal^) : 
 
 agreement for consolidation of borough 
 with county police, and notice to termi- 
 nate same to he under. 
 
 direction to Bank of England for trans- 
 fer of annuities to be under. 
 
 warrant to enter on and view land 
 chargeable to borough rate must be 
 und r . 
 
 levy lor distress for borough rate must 
 be under ...... 
 
 as to forgery of .... 
 
 COMPENSATION MONEY : 
 
 how to be dealt with .... 
 
 COMPOUNDING WITH CREDITORS : 
 disqualification by . 
 
 CONSTABLES (&e? Borough Constables). 
 
 CONSTRUCTION OF WORDS : 
 as to . 
 
 CONTEMPT OF COURT: 
 
 by witness who upon being ordered by 
 court to attend refuses 
 
 CORONER: 
 
 appointment of, in borough having 
 
 separate court of quarter sessions. 
 cj a- re as to prohibition to be a justice 
 to hold office during- gondii haviour 
 vacancy in office of, to betilled upwithin 
 
 ten days ..... 
 rem u cu ration, of 
 power of, to appoint a deputy 
 returns to Secretary of State by 
 acting of county, where borou.-h has no 
 
 separate court of quarter sessions 
 - of county .... 
 
 CORPORATE RODY: 
 
 to be styled mayor, aldermen and hur- 
 ge ss< - or '-it izens) . . . . 
 to act by the couni il 
 
 CORPORATE LAND : 
 
 Lati rpretation of term . : 
 
 Sec. 
 
 205 
 
 See A 
 
 113 
 
 144 
 
 145 
 235 
 
 114 
 
 94 
 
 171 
 171 
 
 171 
 171 
 1 7 2 
 173 
 
 174 
 174 
 
 8 
 10 
 
 Subsec. 
 
 ddend 
 5 
 
 8 
 3 
 
 1-4 
 
 Para. 
 
 Si bed. 
 
 Part. 
 
 Para- Page. 
 
 a e' Co 
 
 rrigen da. 
 
 2-3 
 
 3 
 4 
 1 
 
 167 
 
 49 
 
 vm 
 
 107 
 
 129 
 
 131 
 
 188 
 
 107-8 
 50 
 
 26 
 92 
 
 149 
 1 19 
 
 150 
 
 150 
 150 
 15 I 
 15 J 
 
 151 
 
 151 
 
 27 
 29 
 
 25
 
 252 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 CORPORATE OFFICE: 
 
 interpretation of term .... 
 
 person elected to, to accept same within 
 five days after notice of election, or be 
 liable to fine ..... 
 
 declaration upon accepting 
 
 no one to act in, until declaration made 
 
 a person elected to, may resign on pay- 
 ment of fine ..... 
 
 affirmation instead of oath for 
 
 fine for acting in, without having made 
 declaration, or without being qualified 
 or after becoming disqualified 
 
 recoverable by action 
 not liable if actually on roll, though 
 not entitled to e there 
 
 acts of a person in possession of valid, 
 though he is disqualified 
 
 CORPORATE OFFICERS : 
 
 procedure in penal actions against . 
 applications for information in nature of 
 
 quo warranto against persons claiming 
 
 to be . 
 as applications for mandamus to proceed 
 
 to election of .... 
 
 CORPORATE PROPERTY : 
 
 council not to apply in payment 
 expenses of parliamentary election 
 
 of 
 
 CORPORATE RIGHTS : 
 
 when to be defended out of borough 
 fund ....... 
 
 CORPORATE SEAL (See Common Seal- 
 Seals, &c.) : 
 interpretation of term .... 
 
 CORPORATE STOCK : 
 
 standing in books of Bank of England, 
 &c, may be transferred to any persons 
 council may appoint .... 
 
 as to dealing with as investments . 
 
 CORPORATIONS : 
 
 general purport of law affecting 
 history of English Municipal . 
 nature and constitution of municipal 
 results of the Reform Act affecting 
 powers, rights, and capacities of . 
 saving in Act as to existing . 
 
 CORRUPT PRACTICES : 
 
 meaning of term ..... 
 
 liability for ...... 
 
 when -committed by or with consent of 
 candidate, consequences to . 
 
 Sec. 
 
 224 
 
 225 
 225 
 
 124 
 
 143 
 ( 149 
 
 US 
 113 
 
 250 
 
 77 
 78 
 
 79 
 
 Subsec, 
 
 34 
 
 1 
 
 34 
 
 1 
 
 35 
 
 
 36 
 
 1 
 
 36 
 
 3 
 
 41 
 
 1 
 
 41 
 
 1 
 
 41 
 
 2 
 
 42 
 
 1 
 
 1-5 
 
 1 
 2-6 
 
 Para. 
 
 1 
 1-5 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 12 
 
 25 
 
 48 
 48 
 49 
 
 4 9 
 49 
 
 53 
 53 
 
 53 
 
 53 
 
 180 
 
 180 
 
 1S1 
 
 114 
 
 126 
 127 
 133 
 
 25 
 
 109 
 106-7 
 
 11 
 3 
 1 
 
 10 
 2 
 
 193-4 
 
 81 
 
 82 
 
 82
 
 C EX Eli A L I XL EX. 
 
 263 
 
 
 Sec. 
 
 Subsec. 
 
 Pnrn. 
 
 Sclied. 
 
 Part. 
 
 Para. '' 
 
 Pape. 
 
 CORRUPT PRACTICES— continued. 
 
 
 
 
 
 
 
 
 barrister to certify as to, on trying petition 
 
 93 
 
 4 
 
 
 
 
 
 90 
 
 names of persons guilty of, to be inserted 
 
 
 
 
 
 
 
 
 in certificate ..... 
 
 93 
 
 5 
 
 b 
 
 
 
 
 91 
 
 a witness compelled to answer questions 
 
 
 
 
 
 
 
 
 involving bimself in, entitled to a cer- 
 
 
 
 
 
 
 
 
 tificate of protection .... 
 
 94 
 
 5 
 
 
 
 
 
 92 
 
 CORRUPT PRACTICES ACT, 1863: 
 
 
 
 
 
 
 
 
 words of section 7, of as to election com- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 93-4 
 
 CORRUPTIOX, GENERAL : 
 
 
 
 
 
 
 
 
 ■when it avoids an election 
 
 81 
 
 
 
 
 
 
 84 
 
 COSTS : 
 
 
 
 
 
 
 
 
 of prosecutor and witnesses in prosecu- 
 
 
 
 
 
 
 
 
 tion for bribery, undue influence, or 
 
 
 
 
 
 
 
 
 personation ..... 
 
 84 
 
 1 
 
 
 
 
 
 85 
 
 upon withdrawal of petition . 
 
 95 
 
 4 
 
 
 
 
 
 94 
 
 abatement of petition not to affect 
 
 
 
 
 
 
 
 
 liability to . 
 
 96 
 
 2 
 
 
 
 
 
 95 
 
 of and incidental to petition . 
 
 98 
 
 1 
 
 
 
 
 
 96 
 
 may be taxed ...... 
 
 98 
 
 2 
 
 
 
 
 
 96 
 
 how recoverable ..... 
 
 98 
 
 2 
 
 
 
 
 
 96 
 
 how upon refusal of petitioner to pay . 
 
 98 
 
 3 
 
 
 
 
 
 07 
 
 of council with reference to working 
 
 
 
 
 
 
 
 
 men's dwellings ..... 
 
 111 
 
 5 
 
 
 
 
 
 105 
 
 COUNCIL (TOWN) : 
 
 
 
 
 
 
 
 
 to act for corporate body, and powers of. 
 
 10 
 
 1 
 
 
 
 
 
 29 
 
 of whom to consist . . . . 
 
 10 
 
 o 
 
 
 
 
 
 30 
 
 rules in Second Schedule to be observed by 
 
 22 
 
 1 
 
 
 
 
 
 37 
 
 may appoint committees, either general 
 
 
 
 
 
 
 
 
 or special ...... 
 
 22 
 
 2 
 
 
 
 
 
 38 
 
 acts of committees of to be submitted to 
 
 
 
 
 
 
 
 
 for approval ..... 
 
 22 
 
 2 
 
 
 
 
 
 33 
 
 member of, not to vote in a matter in 
 
 
 
 
 
 
 
 
 which he has a pecuniary interest 
 
 22 
 
 3 
 
 
 
 
 
 39 
 
 no act of, or committee to be questioned 
 
 
 
 
 
 
 
 
 on account of any vacancy in their 
 
 
 
 
 
 
 
 
 bod)' ....... 
 
 22 
 
 i 
 
 
 
 
 
 39 
 
 minute of proceedings of to be signed, 
 
 
 
 
 
 
 
 
 and how ...... 
 
 22 
 
 
 
 
 
 
 
 39 
 
 minutes to be received in evidence with- 
 
 
 
 
 
 
 
 
 out further proof .... 
 
 22 
 
 5 
 
 
 
 
 
 39 
 
 meetings of and qualification of members 
 
 
 
 
 
 
 
 
 to be deemed regular until conLrary 
 
 
 
 
 
 
 
 
 shown ..... 
 
 22 
 
 6 
 
 
 
 
 
 40 
 
 may make bye-laws for good rules, &c, 
 
 
 
 
 
 
 
 
 and appoint fines .... 
 
 23 
 
 1 
 
 
 
 
 
 40 
 
 divide borough or wards into polling 
 
 
 
 
 
 
 
 
 districts ...... 
 
 64 
 
 
 
 
 
 
 75 
 
 contract for the purchase of land to 
 
 
 
 
 
 
 
 
 build town hall, council house, or 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 101 
 
 borrow money with assent of 
 
 
 
 
 
 
 
 
 Treasury ...... 
 
 100 
 
 
 
 
 
 
 101 
 
 purchase land with consent of 
 
 
 
 
 
 
 
 
 Treasury ...... 
 
 107 
 
 1 
 
 
 
 
 
 101 
 
 
 
 
 
 
 
 
 1(12
 
 254 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 COUNCIL (TOWN)— continued. 
 
 Lands Clauses Consolidation Act to 
 apply 
 
 not to sell, mortgage, or alienate land 
 ■without consent of the Treasury, 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 dwellings ...... 
 
 powers of, to make roads, &c. 
 
 as to leases from ..... 
 
 provisions of and from to be valid in law 
 
 as to costs and expenses of 
 
 duties of, with respect to a sinking fund. 
 
 powers of, with respect to boiough 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 advow-ons, &c. .... 
 
 rights and duties of with reference to ad- 
 vowsons and ecclesiastical preferarcnts 
 
 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 aonoint a sheriff 
 
 may appoint judge of civil court where 
 there is no lecorder . 
 
 to appoint watch, committee . 
 
 where servant of, is defendant in any 
 proceeding, may pay costs, damages, 
 &c, out of borough fund . 
 Meetings and Proceedings of . 
 
 to hold four quarterly meetings 
 
 meeting on 9th Nov. to be held at noon 
 
 at what hour and on what days quarterly 
 meetings to be held . 
 
 mayor may call a meeting at any time 
 
 how, if upon a requisition, he refuses 
 
 noti-e of meetings .... 
 
 business to be transacted to be stated iu 
 notice ..... 
 
 summonses, how to be sent 
 
 want of service of summons not to affect 
 validity of meeting 
 
 no notice need be given of business at 
 qumterly 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 
 
 153 
 153 
 
 170 
 
 176 
 190 
 
 226 
 22 
 
 Subsee. 
 
 1 
 2 
 3 
 4 
 5 
 1 
 2 
 4 
 
 1-3 
 
 1-7 
 
 1 
 
 2 
 
 3 
 4 
 1 
 
 3 
 1-6 
 
 Par*. 
 
 a.b 
 a-l 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 2 
 2 
 
 2 
 2 
 
 2 
 2 
 
 2 
 
 2 
 
 3 
 4 
 5 
 
 6 
 6 
 
 7 
 
 8 
 
 3 
 
 Pajre. 
 
 103 
 
 103 
 
 103 
 
 104 
 
 101-5 
 
 105 
 105 
 105 
 105 
 105 
 106 
 111 
 111 
 
 111 
 
 111 
 
 112 
 
 112 
 
 12S-9 
 
 130 
 
 136 
 
 136 
 136 
 149 
 
 152 
 
 159 
 
 182 
 
 37-40 
 
 37 
 
 37 
 
 37 
 37 
 37 
 37 
 
 37 
 37 
 
 37 
 
 37 
 37
 
 VEXERAL IS BEX. 
 
 253 
 
 
 See 
 
 Subset Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 COUNCIL (TOWN)— continued. 
 
 
 
 
 
 
 
 
 mayor to preside ..... 
 
 . , 
 
 . , 
 
 . , 
 
 2 
 
 # . 
 
 9 
 
 38 
 
 how if mayor, &c, absent 
 
 • • 
 
 , , 
 
 , , 
 
 2 
 
 • • 
 
 9 
 
 38 
 
 questions, &c., to be decided by a 
 
 
 
 
 
 
 
 
 majority present and voting. 
 
 , , 
 
 , , 
 
 , , 
 
 2 
 
 • • 
 
 10 
 
 38 
 
 quo urn of meeting to be one-third of 
 
 
 
 
 
 
 
 
 Council ...... 
 
 , , 
 
 , , 
 
 , , 
 
 2 
 
 • • 
 
 10 
 
 38 
 
 casting vote of chairman 
 
 , , 
 
 , , 
 
 , , 
 
 2 
 
 # % 
 
 11 
 
 38 
 
 minutes of proceedings to be drawn up 
 
 
 
 
 
 
 
 
 and entered in a book and signed, and 
 
 
 
 
 
 
 
 
 how to be signed. .... 
 
 •• 
 
 . • 
 
 • • 
 
 2 
 
 
 12 
 
 33 
 
 COUNCIL HOUSE : 
 
 
 
 
 
 
 
 
 council may purchase land to build 
 
 105 
 
 
 
 
 
 
 101 
 
 COUNCILLORS (See also Corporate Office- 
 
 
 
 
 
 
 
 
 Corporate Officers— Council, &c). 
 
 
 
 
 
 
 
 
 qualification of , 
 
 11 
 
 1 
 
 
 
 
 
 
 disqual fication of 
 
 11 
 
 2 
 
 a-c 
 
 
 
 
 ciO 
 
 ( UAI.1FICATIOXS OF 
 
 
 
 
 
 
 
 
 being enrolled and entitled to be en- 
 
 
 
 
 
 
 
 
 rolled ....... 
 
 11 
 
 2 
 
 a-b 
 
 
 
 
 30 
 
 being seised or possessed of certain real 
 
 
 
 
 
 
 
 
 or personal estate. .... 
 
 11 
 
 2 
 
 c 
 
 
 
 
 30 
 
 being rated to relief of the poor 
 
 11 
 
 2 
 
 c 
 
 
 
 
 30 
 
 Disqualifications of 
 
 
 
 
 
 
 
 
 being an elective auditor or holding a 
 
 
 
 
 
 
 
 
 place of profit 
 
 12 
 
 1 
 
 a 
 
 
 
 
 31 
 
 a revising assessor 
 
 12 
 
 1 
 
 a 
 
 
 
 
 31 
 
 in holy orders, or the regular minis- 
 
 
 
 
 
 
 
 
 ter of a dissenting congregation 
 
 12 
 
 1 
 
 b 
 
 
 
 
 31 
 
 by having directly or indirectly, by 
 
 
 
 
 
 
 
 
 himself or partner, a share or interest 
 
 
 
 
 
 
 
 
 ^ in any contract or employment with 
 
 
 
 
 
 
 
 
 the council ...... 
 
 12 
 
 1 
 
 c 
 
 
 
 
 31 
 
 by bankruptcy, &c, of . 
 
 39 
 
 1 
 
 a 
 
 
 
 
 50 
 
 by being absent from the borough (except 
 
 
 
 
 
 
 
 
 from illness) for more than six months 
 
 39 
 
 1 
 
 b 
 
 
 
 
 51 
 
 not disqualified by having a share or 
 
 
 
 
 
 
 
 
 inte est in a contract in any Lase, sale, 
 
 
 
 
 
 
 
 
 or purchase of land, or any agreement 
 
 
 
 
 
 
 
 
 for the same ..... 
 
 12 
 
 2 
 
 a 
 
 
 
 
 32 
 
 by hiving any agreement 
 
 
 
 
 
 
 
 
 for the loan of money or any security 
 
 
 
 
 
 
 
 
 for the payment of money only . 
 
 12 
 
 2 
 
 b 
 
 
 
 
 32 
 
 by having a n wspaper in 
 
 
 
 
 
 
 
 
 which any advertisement relating to 
 
 
 
 
 
 
 
 
 affairs of the borough or council are 
 
 
 
 
 
 
 
 
 inserted ...... 
 
 12 
 
 2 
 
 c 
 
 • • 
 
 . . 
 
 _ , 
 
 32 
 
 by being in any company 
 
 
 
 
 
 
 
 
 •which contracts with council for light- 
 
 
 
 
 
 
 
 
 ing or supplying with water any part 
 
 
 
 
 
 
 
 
 of borough ...... 
 
 12 
 
 2 
 
 d 
 
 
 
 
 32 
 
 by being a shareholder 
 
 
 
 
 
 
 
 
 in any railway comjiany or municipal 
 
 
 
 
 
 
 
 
 company 
 
 12 
 
 2 
 
 c 
 
 
 
 
 32 
 
 term of office of .... 
 
 13 
 
 1 
 
 
 
 
 
 32 
 
 one-third of, to go out of office each year 
 
 13 
 
 2-3 
 
 
 
 
 
 82 
 
 may appoint and act in committees. 
 
 22 
 
 2 
 
 
 
 
 
 33
 
 2.56 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 COUNCILLORS— continued. 
 
 nut to vote or take part in any matter in 
 
 which pecuniary interest is possessed 
 
 in person or by partner 
 fine, for not accepting office of 
 liable to tine for absence, 
 where a borough has no wards, to be one 
 
 election of, for the whole borough 
 where it has wards a separate election of, 
 
 for each ward to be . 
 town clerk to s^ivenine days' notice before 
 
 election of . 
 nomination of, to be conducted in accord- 
 ance with rules in Part 2 of Third 
 
 Schedule , 
 
 elections of, to be by ballot 
 mode of voting for ..... 
 casual vacancy of, within what time to 
 
 be filled up . 
 if elected for more than one ward, to 
 
 select the ward for which he will 
 
 serve 
 
 COUNTIES OF CITIES AND TOWNS 
 CORPORATE: 
 
 council of, to appoint sheriffs . 
 list of, to be deemed adjoining to certain 
 counties for trial of criminal offences . 
 
 COUNTING HOUSE : 
 
 interpretation of term .... 
 
 COUNTY : 
 
 interpretation of term .... 
 
 every place in each borough at com- 
 mencement of Act then existing which 
 is a, of itself, to be part of that and of 
 no other . . . . 
 
 where under Municipal Corporations Act 
 1835, or any Act amending, does not 
 at commencement of Act include a 
 place which before passing of the 
 Municipal Corporations Act, 1835, was 
 part thereof, that place to continue to 
 be part of, wherein situate, or with 
 which it has longest common boundary 
 
 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 . 
 
 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 
 
 nothing in Act to effect assessments of 
 land tax or assessed taxes charged on . 
 
 adjustment between boroughs and, on 
 change of boundaries . 
 
 Sec. 
 
 Subsec. 
 
 22 
 31 
 39 
 
 50 
 
 50 
 
 54 
 
 55 
 58 
 58-9 
 
 66 
 
 68 
 
 170 
 188 
 
 31 
 
 228 
 
 228 
 
 228 
 
 228 
 228 
 229 
 
 Para. 
 
 Schcd. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 39 
 48 
 52 
 
 62 
 
 62 
 
 64 
 
 64 
 
 69 
 
 69-72 
 
 75 
 
 4 
 5 
 
 149 
 158 
 
 46 
 25 
 
 184 
 
 184 
 
 184 
 
 184 
 184 
 
 185
 
 GENERAL INDEX. 
 
 237 
 
 Sec. 
 
 Subset-. Para. Sclied. ! Part. 
 
 COUNTY (OR PLACE) : 
 
 explanation of term in Licensing Act, 
 1S28 
 
 COUNTY OF CITY, &c, ACT, 1798 : 
 Procedure as to trial of offences com- 
 mitted in counties of cities and towns 
 (sections 1 and 2) . . . . 
 
 COUNTY COURT : 
 
 order of, in municipal elections to be 
 substituted for order of House of 
 Commons, &c, in parliamentary 
 elections . . . (see footnote) 
 
 COUNTY JUSTICES : 
 
 jurisdiction of, in borougbs . 
 
 COUNTY RATE : 
 
 borougb having quarter sessions not to 
 be assessed to 
 
 certain sums still to be charged to . . 
 
 COUNTY TREASURER : 
 
 to send to council of a borouirh having 
 separate quarter sessions twice a year 
 an account of expenses for which 
 borough is liable. .... 
 
 to make an order on council for pay- 
 ment ....... 
 
 council to order their treasurer to pay 
 same out of borough fund to 
 
 proceedings by, if order not paid . 
 
 how differences are to be settled 
 
 COURT (ELECTION) : . 
 
 power of, as to costs .... 
 
 COURT OF QUARTER SESSIONS {See 
 Quarter Sessions). 
 
 COURT OF REVISION {See Assessors- 
 Mayor — Revision, &c.) 
 
 COURTS OF JUSTICE (COUNTY) : 
 
 to be deemed within tin: county as before 
 notwithstanding change in boundaries 
 of boroughs 
 
 CUSTOMS: 
 
 effect of, upon conditions precedent under 
 child i . 
 
 in I* trahrl of trade are abolished . 
 
 inconsistent with A> t n -pealed 
 
 in renewing Lea . . . . 
 
 DAY OK ELECTION OF COUNCILLORS 
 
 tli din.-uy, to be the 1st of November. 
 
 246 
 
 1S3 
 
 Para. 
 
 Paire. 
 
 1.54 
 
 150 
 1.30 
 151 
 152 
 
 1.53 
 
 153 
 
 153 
 153 
 
 153 
 
 98 
 
 228 
 
 20G 
 217 
 260 
 110 
 
 52 
 
 1-2 
 
 1 
 
 1 
 
 2 
 3 
 
 -1 
 
 
 a-b 
 a-b 
 
 101 
 
 157 
 
 70 
 137 
 
 134 
 134-5 
 
 135 
 
 135 
 
 136 
 
 136 
 13C 
 
 96 
 
 184 
 
 16.S 
 101 
 197 
 
 mi 
 
 
 17
 
 258 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 DEAF PERSONS : 
 
 exempt from serving corporate office 
 
 DEATH OF MAYOR : 
 proviso in case of . 
 
 DEATH OF RESPONDENT : 
 
 proceedings upon ..... 
 
 DEBTS, CONSOLIDATION OF : 
 
 as to 
 
 DEBTS : 
 
 saving for those lawfully contracted before 
 
 Municipal Corporations Act, 1835 
 saving against new liability to those 
 contracted before that Act . 
 
 DECLARATION : 
 
 upon accepting office .... 
 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 
 
 appointed to do so . 
 
 DEPUTY RECORDER : 
 
 recorder may appoint barrister of five 
 
 years' standing to be . 
 in absence of recorder, to open the court 
 
 and adjourn the holding 
 
 DEPUTY REVISING ASSESSOR : 
 to be appointed by revising assessor 
 appointment of, to be signified to council 
 
 DESCENT : 
 
 occupation by, effect of . 
 
 DEVISE : 
 
 occupation by, effect of . 
 
 DISFRANCHISED PARLIAMENTARY 
 BOROUGHS : 
 as to electors in .... 
 
 DISFRANCHISEMENT : 
 
 offences justifying . 
 
 Sec. 
 
 34 
 
 67 
 
 97 
 
 127 
 
 131 
 132 
 
 34 
 35 
 
 237 
 
 16 
 16 
 
 166 
 167 
 
 29 
 29 
 
 33 
 
 33 
 
 245 
 
 77 
 
 SubsecJ Para. 
 
 1-3 
 
 1-2 
 3 
 
 Sched. 
 
 Part. 
 
 Para.
 
 GENERAL INDEX. 
 
 259 
 
 DISQUALIFICATION : 
 
 (See also Aldermen — Burgess — Coun- 
 cillors — Mayor, &c.) 
 
 of mayor, alderman, or councillor, by 
 becoming bankrupt, compounding, or 
 making an arrangement or composi- 
 tion with credit< irs under Bankruptcy 
 Act, 1869, by deed or otherwise . 
 
 by being continually absent (except in 
 case of illness) for more than two 
 months or being alderman or councillor 
 for more than six months . 
 
 upon ; by bankruptcy or absence of 
 mayor, alderman, or councillor the 
 council forthwith to declare office 
 vacant on notice signed by three 
 members, &c. 
 
 how removed ...... 
 
 liable to a fine for ; on absence 
 
 although it is exists, acts of a person in 
 possession of corporate office, valid 
 
 of candidate guilty of corrupt practices . 
 
 how it may cease ..... 
 
 DISSENTING MINISTERS : 
 
 not qualified to be councillors . 
 
 DISTANCE : 
 
 how to be computed . 
 
 DISTRESS : 
 
 may be made upon goods of overseers 
 for neglecting to pay over 
 
 1 ' ' : ' • • ■ • ■ 
 
 Sec. 
 
 borough 
 
 DIVIDED PARISH : 
 
 as collecting borough rate in . 
 ratepayer may appeal against rate made in 
 
 DIVIDENDS : 
 
 of charitable and corporate property, how 
 payable ...... 
 
 DIVISION OF BOROUGH INTO 
 WARDS : 
 procedure for and upon .... 
 
 DIVISION COR PLACE) : 
 
 explanation of terms in Licensing Act, 
 1828 ...•-«. 
 
 DOCKYARDS: 
 
 saving in Act as to, and barracks, &c. 
 
 DOf'F'MKNTS : 
 
 as to inspection and copies of minutes 
 of council's proceedings, treasurer's 
 accounts, and freemen's roll 
 
 penalty for refusing inspection ol . 
 
 39 
 
 39 
 
 39 
 39 
 39 
 
 42 
 79 
 79 
 
 12 
 
 231 
 
 145 
 
 14G 
 146 
 
 118 
 
 30 
 
 246 
 
 254 
 
 Subscc. 
 
 Para, 
 
 233 
 233 
 
 2 
 3 
 
 4 
 
 1 
 1 
 3 
 
 Sctaed. 
 
 1-7 
 
 1-15 
 
 1-6 
 
 7 
 
 Part. Para. 
 
 Page. 
 
 a b 
 
 50 
 
 51 
 
 61 
 51 
 
 52 
 
 53 
 
 82 
 83 
 
 31 
 
 186 
 
 131 
 
 131 
 131 
 
 109-10 
 
 44-5 
 
 191 
 
 195 
 
 186 7 
 187
 
 2C0 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 DOCUMENTS— continued. 
 
 as to forgeiy of seals or signatures of. 
 under Act ...... 
 
 DURHAM, UNIVERSITY OF : 
 
 Act not to affect rights and privileges of. 
 
 EASTER: 
 
 Monday and Tuesday in, to be excluded 
 in computation of time 
 
 ECCLESIASTICAL COMMISSIONERS : 
 advowsons to be disposed of under direc- 
 tion of ...... 
 
 ECCLESIASTICAL PREFERMENT : 
 
 rights and duties with reference to, of 
 council ...... 
 
 EDUCATION : 
 
 of child at public or endowed school does 
 not disqualify parent from being 
 burgess ...... 
 
 ELECTION (See also Municipal Election- 
 Nomination, &c.) : 
 of a person not to be questioned by 
 
 reason of defect in title of person 
 
 before whom held, if he was actually 
 
 in possession of, or acting in the office 
 
 giving a light to preside at 
 where borough has no wards, to be one 
 
 for whole borough .... 
 where it has wards, to be a separate 
 
 one for each ward .... 
 a burgess entitled to sign or subscribe a 
 
 nomination paper at . 
 entitled to vote at 
 not to vote in more than one ward 
 ordinary day of to be the 1st of November 
 town clerk to give and publish notice 
 
 nine days before ..... 
 nomination to be in accordance with 
 
 rules in Part 2 of the Third Schedule . 
 proceedings at, if not contested 
 if contested, the poU to be taken as at 
 
 a parliamentary election, subject to 
 
 modifications in Part 3 of Third 
 
 Schedule ...... 
 
 burgesses may vote for the full number 
 
 of vacancies at . 
 poll at to commence at nine o'clock, and 
 
 close at four o clock . 
 how, if an hour elapses without a vote 
 
 being tendered at ... . 
 where an equality of votes, returning 
 
 officer may give casting vote at . 
 as to agents at .... . 
 presiding officer to put questions to voter 
 
 if required at an . 
 
 Sec. Subsec. 
 
 235 
 
 257 
 
 230 
 
 122 
 
 33 
 
 42 
 
 50 
 
 50 
 
 51 
 51 
 51 
 52 
 
 54 
 
 55 
 
 57 
 
 58 
 58 
 
 58 
 58 
 
 68 
 
 58 
 
 59 
 
 1-3 
 
 1-2 
 
 1-3 
 
 Para. 
 
 2 
 1 
 
 2 
 
 1 
 1 
 2 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 188- 
 
 196- 
 
 185-6 
 
 113 
 
 112 
 
 48. 
 
 a-b 
 
 5S 
 
 62 
 
 62 
 
 62 
 62 
 63 
 63 
 
 64 
 
 64 
 69 
 
 69-70 
 
 71 
 
 71 
 
 71 
 
 71 
 71 
 
 71-2
 
 WBRAL 1XBEX. 
 
 
 ELECTION— continued. 
 
 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 .... . 
 
 ELECTION COURT (See also Barrister- 
 Court — Petitioner, ic.) : 
 meaning of term ..... 
 
 town clerk to provide proper accommoda- 
 tion for ...... 
 
 cbief constables, &c, to give assistance at 
 officers and clerks may be employed as 
 prescribed at an . 
 
 ELECTION PETITION (See also Municipal 
 Election Petition) : 
 
 General Pules made by judges for pro- 
 cedure upon ..... 
 Additional General Pules thereon . 
 
 Sec 
 
 59 
 59 
 
 59 
 
 72 
 
 73 
 75 
 
 81 
 
 ELECTORS : 
 
 municipal substituted for parliamentary 
 in disfranchised borougbs . 
 
 ENROLMENT (Sec Burgess Roll— Freemen, 
 fte:). 
 
 EQUALITY OF VOTES (See also Alder- 
 men — Casting Vote — Election of Coun- 
 cillors, Mayor, &c). 
 
 ERRORS : 
 
 in burgess list to be corrected . 
 
 not to vitiate or hinder .... 
 
 EVIDENCE (See also Agency— Petition— 
 Rales] : 
 
 of bye-laws, provision as to . 
 to In authenticated by cor] orato seal 
 qui tii ■ of, may be reserved uv.on the 
 
 trial of a petition . . . . 
 upon trial oi petition, to bo taken by a 
 
 shorthand writer .... 
 
 EXEMPTIONS: 
 
 from serving , te offio - 
 
 on juries . . . . 
 
 1 1 
 
 99 
 99 
 
 99 
 
 Sabse . 
 
 Para. 
 
 Sched. 
 
 Tart. 
 
 Para. 
 
 245 
 
 I 47 
 241 
 
 24 
 24 
 
 93 
 
 99 
 
 :;i 
 
 1-10 
 
 II 
 
 19 
 
 a ii 
 
 Page. 
 
 72 
 
 72 
 
 72 
 
 77 
 
 77 
 
 78 
 
 79-80 
 
 84 
 203 
 
 82 
 
 97 
 97 
 
 97 
 
 211 
 220-1 
 
 191 
 
 58 
 
 GO 
 
 189 
 
 41 
 
 41 
 
 91 
 
 97 
 
 IS 
 
 I ..
 
 262 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 EXEMPTIONS— continued. 
 
 
 
 
 
 
 
 
 beneficial reserved to freemen 
 
 208 
 
 1-3 
 
 
 
 
 
 169 
 
 EXETER : 
 
 
 
 
 
 
 
 
 county of, to be considered as joining- 
 
 
 
 
 
 
 
 
 Devonshire for the purpose of criminal 
 
 
 
 
 
 
 
 
 trials ....... 
 
 188 
 
 2 
 
 • • 
 
 6 
 
 • • 
 
 • • 
 
 158 
 
 EX-MAYOR (See also Mayor— Immediate 
 
 
 
 
 
 
 
 
 Past Mayor, &c.) : 
 
 
 
 
 
 
 
 
 as to use of this designation see foot- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 73 
 
 EXPENSES (See also Costs) : 
 
 
 
 
 
 
 
 
 of witnesses attending on an election 
 
 
 
 
 
 
 
 
 petition, to be allowed 
 
 94 
 
 9 
 
 
 
 
 
 93 
 
 incurred by town clerk in providing 
 
 
 
 
 
 
 
 
 election court to be paid . 
 
 99 
 
 1 
 
 
 
 
 
 97 
 
 EXPENSES OF ELECTION OF COUN- 
 
 
 
 
 
 
 
 
 CILLORS : 
 
 
 
 
 
 
 
 
 how provided for ..... 
 
 58 
 
 
 • • 
 
 3 
 
 3 
 
 5 
 
 70 
 
 FATHER : 
 
 
 
 
 
 
 
 
 freemen may claim through, and be 
 
 
 
 
 
 
 
 
 admitted on establishment of claim 
 
 204 
 
 •• 
 
 - 
 
 • • 
 
 •• 
 
 ■ • 
 
 167 
 
 FEES: 
 
 
 
 
 
 
 
 
 to commissioner for division into or 
 
 
 
 
 
 
 
 
 alteration of wards .... 
 
 . s 
 
 
 
 4 
 
 
 1 
 
 200 
 
 assistant recorder .... 
 
 , , 
 
 
 
 4 
 
 
 2 
 
 200 
 
 assistant clerk of the peace 
 
 • • 
 
 
 
 4 
 
 
 2 
 
 200 
 
 additional crier ..... 
 
 • • 
 
 
 
 4 
 
 
 2 
 
 200 
 
 borough coroner .... 
 
 . . 
 
 
 
 4 
 
 
 3 
 
 200 
 
 special constables .... 
 
 , , 
 
 
 
 4 
 
 
 4 
 
 200 
 
 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 
 
 •• 
 
 •• 
 
 •• 
 
 • • 
 
 187-8 
 
 FEMALES : 
 
 
 
 
 
 
 
 
 to have the right of voting at munici- 
 
 
 
 
 
 
 
 
 pal elections ..... 
 
 63 
 
 
 
 
 
 
 75 
 
 FINE : 
 
 
 
 
 
 
 
 
 upon town clerk for failing to make 
 
 
 
 
 
 
 
 
 return to Local Government Board and 
 
 
 
 
 
 
 
 
 how recoverable . 
 
 28 
 
 5 
 
 . . 
 
 , . 
 
 • • 
 
 
 43 
 
 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 
 
 
 • i 
 
 
 48 
 
 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 
 
 b 
 
 . . 
 
 
 a . 
 
 48-9 
 
 recoverable summarily .... 
 
 34 
 
 4 
 
 
 . . 
 
 . . 
 
 
 49 
 
 on resignation of office .... 
 
 36 
 
 1 
 
 
 
 • • 
 
 • ' 
 
 49
 
 GENERAL INDEX. 
 
 268 
 
 FINE— continued. 
 
 for absence from the borough of mayor, 
 alderman, or councillor, and how s ime 
 recoverable ...... 
 
 for acting in a corporate office without 
 having made declaration, or without 
 being qualified, or after ceasing to be 
 qualified, or after becoming disquali- 
 fied, and Low same recoverable . 
 
 upon a mayor, assessor, or alderman, for 
 neglect of duties relative to revising 
 parish burgess lists or elections . 
 
 upon town clerk or overseer for refusing 
 to allow li.-ts 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 officers of election court and others 
 for neglect of duty .... 
 
 for offences against this Act to go to the 
 borough fund, unless otherwise pro- 
 vided for ...... 
 
 Sec. 
 
 FORFEITURE: 
 
 by candidate found guilty upon indict- 
 ment or action of corrupt practices 
 
 FORGING OF NOMINATION PAPERS : 
 as to . 
 
 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 effect, varied 
 as circumstances require, may be used, 
 and shall be sufficient in law 
 declaration on accepting office . 
 
 by recorder or borough 
 justice ...... 
 
 Forms Relating to Elections : 
 
 list of burgesses ..... 
 
 notice of claim ..... 
 
 objection ..... 
 
 list of claimants ..... 
 
 persons objected to 
 notice of flection of councillors, auditors, 
 or assessors ..... 
 
 nomination paper ..... 
 
 ballot paper ...... 
 
 Forms Relating to "Working Men's 
 Dwellings : 
 
 form of grant by corporation . 
 transfer of grant 
 
 39 
 
 41 
 
 139 
 
 74 
 
 235 
 
 Subsec. 
 
 240 
 
 Para Belied. Part. Para. | Page, 
 
 75 
 
 1 
 
 75 
 
 2 
 
 75 
 
 3 
 
 75 
 
 3 
 
 83 
 
 
 99 
 
 2 
 
 8 
 8 
 8 
 
 B 
 
 
 D 
 
 E 
 K 
 G 
 
 H 
 
 I 
 K 
 
 L 
 
 M
 
 204 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 FORMS— continued. 
 
 form of lease Toy corporation 
 
 assignment of lease 
 
 Forms Relating to Borough Bridges 
 mortgage .... 
 transfer of mortgage . 
 
 form of mortgage 
 
 FRANCHISE : 
 
 parliamentary, reserved to freemen 
 
 FREEMEN" : 
 
 definition of . 
 
 no person to be admitted as, by gift or 
 
 purchase ...... 
 
 town clerk to keep roll of 
 
 admission as . 
 
 reservation of rights of property to, and 
 
 others ...... 
 
 amount of realization of rights of, limit 
 
 of value of and saving 
 still liable to fines, fees, &c, and to fulfil 
 
 conditions ...... 
 
 nothing in Act to strengthen or confirm 
 
 any claim, right or title of, to benefit 
 
 of any right reserved to 
 reservation of beneficial exemptions to, 
 
 and others ...... 
 
 reservation of parliamentary franchise to 
 no stamp duty chargeable on admission 
 
 as ...... . 
 
 town clerk to do all things appertaining 
 
 to registration of, for parliamentary 
 
 elections ...... 
 
 FREEMEN'S ROLL : 
 
 copies of, should be kept and delivered on 
 paym nt of fee ..... 
 must be kept by town clerk . 
 who should be placed on 
 
 FREE TRADING : 
 
 right of, in boroughs affirmed 
 
 GOOD FRIDAY : 
 
 provision as to 
 
 GRANDFATHER : 
 
 freemen may claim through, and be 
 admitted on establishment of claim 
 
 GRANT : 
 
 of new charter to a borough . 
 proceedings for scheme on, of new charter. 
 
 HIGH CONSTABLE : 
 
 explanation of term in Licensing Act, 
 1828 
 
 Sec. 
 
 209 
 
 201 
 
 202 
 203 
 204 
 
 20.3 
 
 206 
 
 206 
 
 207 
 
 208 
 209 
 
 209 
 209 
 
 48 
 203 
 203 
 
 247 
 
 230 
 
 204 
 
 210 
 
 Subsec. 
 
 1-3 
 
 1-2 
 1 
 
 Para. 
 
 246 
 
 1-3 
 
 Schecl. 
 
 Part. 
 
 Para. 
 
 N 
 O 
 
 4 
 4 
 
 P 
 Q 
 
 1-9 
 
 Page. 
 
 206-7 
 207 
 
 207 
 208 
 
 169 
 
 166 
 
 166 
 166 
 167 
 
 167 
 
 168 
 
 168 
 
 168 
 
 169 
 169 
 
 169 
 
 169 
 
 61 
 166 
 166 
 
 191 
 
 185-6 
 
 167 
 
 170 
 175 
 
 191
 
 GExr.n.ii 1 XT> EX. 
 
 '.bO 
 
 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 fur the 
 
 trial of a petition than in borough 
 may direct case of petition to be stat< d 
 
 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 
 
 Sec ISubsec. Paia. 
 
 Scheil. 
 
 Pan. 
 
 Turn. 
 
 Pagft 
 
 HOLY ORDERS : 
 
 a disqualification for 
 councillor . 
 
 being elected 
 
 HOSPITAL : 
 
 as to founding of a, . . . see 
 
 47 
 70 
 93 
 93 
 93 
 93 
 
 95 
 
 98 
 
 100 
 
 12 
 
 HOUSE : 
 
 interpretation 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 RAST MAYOR [See Mayor— 
 Ex-Mayor, &c.) : 
 to be borough justice during year as such 
 
 INFIRMITY, PERMANENT : 
 
 an exemption from serving a corporate 
 office ....... 
 
 INCORPORATION (See also Grant— Charter, 
 &c.) 
 
 INDICTMENT: 
 
 consequi aces on, to candidate Eound 
 
 guilty of corrupt practices . 
 offence of assault on constables may be 
 
 proceeded against by .... 
 
 31 
 
 39 
 
 34 
 
 155 
 
 34 
 
 79 
 
 1 
 2 
 o 
 
 2 
 
 7 
 
 12 
 
 13 
 
 1 
 1 
 
 2 
 2 
 
 26 
 
 60 
 
 76 
 
 90 
 
 91 
 
 92 
 
 92 
 
 94 
 96 
 
 98 
 
 31 
 
 121 
 
 46 
 
 28 
 28 
 29 
 
 51 
 
 48 
 
 137 
 
 48 
 
 83 
 161
 
 266 
 
 THE ENGLISH MUNICIPAL CODE 
 
 INITIALS : 
 
 as to use of in giving names 
 
 see 
 
 INQUESTS : 
 
 coroner to forward return of, to Secretary 
 of State 
 
 INSOLVENCY : 
 
 how it affects holders of corporate offices. 
 
 INSPECTION : 
 
 of documents ...... 
 
 of correspondence with Treasury as to 
 loans, «fec. ...... 
 
 INTERPRETATION CLAUSE : 
 
 as to construction of terms of 
 
 INTIMIDATION : 
 
 when general, avoids election 
 
 ISSUE : 
 
 when municipal petition is at . 
 
 JOINT OCCUPIER : 
 
 how entitled to claim to be a burgess as . 
 
 JUDGES : 
 
 on the rota, upon receiving list of 
 petitions, to determine number of bar- 
 risters to try same and to make 
 appointments and to assign petitions to 
 
 may make, re vote, or alter general rules 
 applicable to municipal elections. 
 
 JURIES : 
 
 provision as to, in boroughs . 
 exemptions from serving on . 
 persons not answering to stinimons to 
 
 serve on, may be fined 
 saving as to Juries Act, 1870. 
 
 JURISDICTION : 
 
 of mayor 
 
 borough justices 
 county j ustices . 
 recorder 
 quarter sessions . 
 
 JUSTICES {See also Borough Justices- 
 Mayor — Recorder, &c.) : 
 meaning of term ..... 
 administration of . 
 form of declaration by on accepting office 
 
 JUSTICE ROOM : 
 
 as to borrowing money to build, repair, 
 &c 
 
 Sec. , Subsec. 
 
 173 
 39 
 
 233 
 
 236 
 
 7 
 81 
 90 
 
 92 
 
 100 
 
 186 
 
 186 
 186 
 
 \ 155 
 
 15 
 loo 
 158 
 154 
 165 
 165 
 
 7 
 158 
 
 120 
 
 1 
 
 1-7 
 1-2 
 
 6 
 2 
 1 
 1 
 1-4 
 3 
 
 Para. 
 
 b 
 a-b 
 
 Sched. Part. 
 
 Para. 
 
 B
 
 l.XERAL JXB£X. 
 
 267 
 
 JUSTICE ROOM— continued. 
 
 council of borough to provi Je a suitable . 
 no room in house licensed for sale of 
 intoxicating liuuors to be used as 
 
 KINGS TOX-UPOX-HULL : 
 
 county of, to be considered as joining 
 Yorkshire for the purpose of criminal 
 trials ....... 
 
 LAXD : 
 
 council may purchase for municipal 
 
 Sec. Subsec. 
 
 Para. Belied. ' Tart. Pnra. Pure. 
 
 160 
 
 160 
 
 buildings 
 
 may borrow money for purchasing . 
 
 may be purchased by council with con- 
 sent of Treasury .... 
 
 provisions of Lands Clauses Consolida- 
 tion Act to apply in purchase of . 
 
 council not to sell, ifcc, unless authorized 
 by Parliament on the consent of 
 Treasury ...... 
 
 LAXD CLAUSES ACT, 1845 : 
 
 •words of section 15 of, as to prohibition 
 of Municipal Councils to alienate 
 property ...... 
 
 LANDS CLAUSES COXSOLIDATIOX 
 ACT: 
 
 purchase of land by council to be under 
 its provisions ..... 
 
 188 
 
 105 
 It. 6 
 
 107 
 
 107 
 
 108 
 
 LANDLORD (AND TEXAXT) : 
 liability for rates, of 
 
 see 
 
 LAXD TAX : 
 
 nothing in Act to affect assessments of, 
 charged on a county .... 
 
 LARCEXY 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 . . . . 
 
 107 
 
 32 
 
 228 
 
 117 
 
 93 
 
 108 
 
 219 
 
 246 
 
 1-3 
 
 ab 1-3 
 
 141 
 141 
 
 158 
 
 101 
 
 101 
 
 101 
 
 103 
 
 103 
 
 104 
 
 103 
 
 46 
 
 184 
 
 109 
 
 91 
 
 103 
 178 
 191
 
 268 
 
 THE ENGLISH MUNICIPAL COLE. 
 
 LIMITATION OF ACTIONS, &c. : 
 
 three months against office holders for 
 
 neglect of duties .... 
 
 twelve months for quo warranto against 
 
 disqualified holders of office 
 six months against persons acting under 
 
 this Act ...... 
 
 LISTS {See also Burgess Lists — Burgess Roll, 
 &c.) : 
 of burgesses, provisions as to . 
 
 non-residents qualified to be councillors 
 municipal election petitions to he sent 
 to judges on rota . . . . 
 freemen, how to be made . 
 claimants, form of 
 objections, form of . 
 
 LOANS : 
 
 conditions of contracting, subject to 
 
 approval of Treasury .... 
 
 from Public Works Loan Commissioners, 
 
 for building, enlarging, &c, buildings 
 
 LOCAL ACTS : 
 
 transfer of powers of certain authorities 
 under, to the council .... 
 provisions as to . 
 nothing in Act to alter effect of 
 
 LOCAL AUTHORITY : 
 
 meaning of, under Public Health Act, as 
 
 regards grant of charter 
 meaning of district of 
 
 LOCAL GOVERNMENT BOARD : 
 
 town clerk to make return to, of receipts 
 and expenditure ..... 
 
 what dates returns to be made to . 
 
 may direct form and contents of return . 
 
 when return is to be sent to . 
 
 to prepare an abstract of returns under 
 general heads, for presentation to Par- 
 liament ...... 
 
 LONDON GAZETTE : 
 
 schemes upon grant of new charters to be 
 published in .... . 
 
 LUNACY : 
 
 an exemption from serving corporate 
 office 
 
 LUNATIC ASYLUMS : 
 
 of county, to be deemed to be within 
 county of, notwithstanding alteration, 
 
 Sec. 
 
 75 
 225 
 226 
 
 44-9 
 49 
 
 91 
 203 
 
 &c. 
 
 of borough boundaries 
 
 MAGISTRATES [See Borough Justices- 
 Justices— Mayor— Recorder, &c.) : 
 
 112 
 
 120 
 
 136 
 136 
 251 
 
 213 
 213 
 
 28 
 28 
 28 
 28 
 
 28 
 
 213 
 
 34 
 
 228 
 
 Subsec. 
 
 1-2 
 
 Para, i Sche<3. 
 
 1 
 2-3 
 
 Part. 
 
 Para. 
 
 F 
 G
 
 GEXEIiAL IXDF.X. 
 
 269 
 
 MAJORITY: 
 
 of members of the council present and 
 voting-, to decide all questions, ire. 
 
 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 heaths) : 
 
 to be elected from the council or persons 
 qualified to be councillcrs . 
 
 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. ...... 
 
 appointment of deputy by, to bo 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 tho 9 th of 
 Novemher ...... 
 
 election of, to be the first business tram - 
 acted ....... 
 
 Sec. 
 
 Subseo. 
 
 Para, 
 
 Bch a. 
 
 Part. 
 
 Para. 
 
 • ■ 
 
 • • 
 
 • • 
 
 2 
 
 9 • 
 
 10 
 
 30 
 
 i 
 
 
 
 
 
 47 
 
 47 
 
 2 
 3 
 
 • • 
 
 
 
 
 70 
 
 2 
 
 
 
 
 
 225 
 
 2 
 
 
 
 • • 
 
 • • 
 
 .33 
 204 
 
 1 
 
 « * 
 
 
 
 
 
 33 
 
 1 
 
 
 
 
 
 G3 
 
 
 
 
 
 
 15 
 15 
 15 
 
 1 
 2 
 
 3 
 
 
 
 
 
 15 
 15 
 
 15 
 
 4 
 5 
 6 
 
 
 
 
 
 16 
 
 1 
 
 
 
 
 
 16 
 30 
 34 
 39 
 
 2 
 7 
 1 
 1 
 
 a 
 
 
 
 " 
 
 39 
 
 1 
 
 b 
 
 
 
 
 47 
 
 3 
 
 • • 
 
 
 
 
 53 
 
 GO 
 GO 
 
 1 
 
 3 
 
 4-7 
 
 
 
 
 
 60 
 00 
 
 5 
 
 G 
 
 
 
 
 
 61 
 
 1 
 
 
 
 
 
 61 
 
 2 
 
 
 
 
 
 Page. 
 
 38 
 
 44 
 
 60 
 61 
 
 76 
 
 181 
 
 47 
 167 
 
 47 
 
 75 
 
 33 
 33 
 33 
 
 33 
 34 
 
 34 
 
 34 
 
 34 
 16 
 48 
 50 
 
 51 
 
 61 
 
 63 
 72 
 73 
 
 7:: 
 73 
 
 73 
 
 74
 
 270 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subsec 
 
 . Para. 
 
 Sclied. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 MAYOR— continued. 
 
 
 
 
 
 
 
 an outgoing alderman may vote for 
 
 61 
 
 3 
 
 
 
 
 
 74 
 
 casual vacancy in office of, when to be 
 
 
 
 
 
 
 
 
 filled up ..... 
 
 66 
 
 1 
 
 
 
 
 
 75 
 
 in case of death of, town clerk to give 
 
 
 
 
 
 
 
 
 notice for meeting to elect successor . 
 
 66 
 
 2 
 
 
 
 
 
 75 
 
 to select day of election for filling up 
 
 
 
 
 
 
 
 
 casual vacancy ..... 
 
 66 
 
 3 
 
 
 
 
 
 75 
 
 if dead, or absent, or incapable of acting 
 
 
 
 
 
 
 
 
 as to elections, the council to choose an 
 
 
 
 
 
 
 
 
 alderman to execute duties . 
 
 67 
 
 1 
 
 
 
 
 
 76 
 
 to appoint an alderman for a ward 
 
 
 
 
 
 
 
 
 election in case of alderman of ward 
 
 
 
 
 
 
 
 
 first appointed being unable to act 
 
 67 
 
 2 
 
 
 
 
 
 76 
 
 to select tbe ward for which a person to 
 
 
 
 
 
 
 
 
 serve, if elected for more than one 
 
 
 
 
 
 
 
 
 ward, and person elected omits to 
 
 
 
 
 
 
 
 
 select ....... 
 
 68 
 
 
 
 
 
 
 76 
 
 fine upon, for refusing, &c, to revise 
 
 
 
 
 
 
 
 
 parish burgess list, or to conduct or 
 
 
 
 
 
 
 
 
 declare an election .... 
 
 75 
 
 1 
 
 
 
 
 
 78 
 
 to sign and issue warrant for levying 
 
 
 
 
 
 
 
 
 borough rate ..... 
 
 148 
 
 
 
 
 
 
 133 
 
 to be borough justice during mayoralty 
 
 
 
 
 
 
 
 
 and one year after .... 
 
 155 
 
 1 
 
 
 
 
 
 137-8 
 
 precedence of as justice .... 
 
 155 
 
 2 
 
 
 
 
 
 138 
 
 powers of, in absence of recorder and 
 
 
 
 
 
 
 
 
 deputy recorder ..... 
 
 167 
 
 1 
 
 
 
 
 
 146 
 
 may not sit as judge of quarter sessions 
 
 
 
 
 
 
 
 
 for trial of offenders .... 
 
 167 
 
 2 
 
 # # 
 
 • • 
 
 • • 
 
 , . 
 
 146 
 
 any warrant required for levy of watch- 
 
 
 
 
 
 
 
 
 rate may be issued by. 
 
 199 
 
 
 
 
 
 
 165 
 
 to be returning officer at parliamentary 
 
 
 
 
 
 
 
 
 elections in borough, not a county of a 
 
 
 
 
 
 
 
 
 city or town ..... 
 
 244 
 
 1 
 
 
 
 
 
 190 
 
 where more than one, which is to 
 
 
 
 
 
 
 
 
 be returning officer at parliamentary 
 
 
 
 
 
 
 
 
 election 
 
 244 
 
 2 
 
 
 
 
 
 190 
 
 where incapacitated, or none, council to 
 
 
 
 
 
 
 
 
 choose alderman to be returning 
 
 
 
 
 
 
 
 
 officer ....... 
 
 244 
 
 3 
 
 
 
 
 
 190 
 
 As to Council Meetings. 
 
 
 
 
 
 
 
 
 may at any time call a meeting of the 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 « # 
 
 3 
 
 37 
 
 how if upon requisition he refuses to call 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 . . 
 
 4 
 
 37 
 
 to be chairman of the council . 
 
 
 
 • • 
 
 2 
 
 m m 
 
 9 
 
 38 
 
 how, if he is absent .... 
 
 ^ # 
 
 • • 
 
 # ^ 
 
 2 
 
 • • 
 
 9 
 
 38 
 
 
 
 
 
 2 
 
 . , 
 
 11 
 
 38 
 
 As to Revision. 
 
 
 
 
 
 
 
 
 and two assessors to revise parish 
 
 
 
 
 
 
 
 
 burgess lists ..... 
 
 # m 
 
 ^ # 
 
 • • 
 
 3 
 
 1 
 
 9 
 
 57 
 
 to hold open court between 1st and 11th Oct. 
 
 
 
 
 3 
 
 1 
 
 10 
 
 57 
 
 to give three clear days' notice of revision 
 
 
 
 
 3 
 
 1 
 
 11 
 
 63 
 
 duties of. upon the revision . 
 
 4 # 
 
 # # 
 
 # # 
 
 3 
 
 1 
 
 9-25 
 
 57-8 
 
 
 
 
 
 3 
 
 1 
 
 22 
 
 58 
 
 to determine in open court validity of 
 
 
 
 
 
 
 
 
 claims and objections .... 
 
 • • 
 
 • * 
 
 . . 
 
 3 
 
 1 
 
 23 
 
 58 
 
 
 
 
 a m 
 
 3 
 
 1 
 
 24 
 
 58 
 
 to sign his name to lists .... 
 
 
 • • 
 
 • • 
 
 3 
 
 1 
 
 24 
 
 58
 
 GENERAL INDEX 
 
 271 
 
 MAYOR — continued. 
 
 may adjourn the court from time to time, 
 but not after the loth Oct. . 
 As to Elections. 
 
 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 the respec- 
 tive polling places .... 
 
 to provide for the taking of the poll and 
 appoint officers ..... 
 
 to furnish polling stations with proper 
 compartments ..... 
 
 Sec. Subsec. 
 
 MEDICAL AND SURGICAL RELIEF : 
 not a disqualification if received from 
 trustees of municipal charities 
 
 MEETINGS OF COUNCIL (See Casting 
 Vote — Council — Mayor, &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 in Act, as to 
 
 MINISTER OF A DISSENTING CON- 
 GREGATION : 
 disqualified for being elected a councillor 
 
 MINUTES : 
 
 of proceedings of council and committees 
 to be drawn up and entered in 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, of 
 annuities, &c. . 
 
 MISCONDUCT (See Corporate Officers under 
 their respective titles) : 
 
 MISDEMEANOR : 
 
 a burgess at an election giving false 
 answers to questions put to him by 
 iding officer to be guilty of . 
 with reference to nominal Lon papers 
 
 33 
 
 253 
 
 12 
 
 22 
 
 124 
 
 117 
 
 74 
 
 Para. Sched. 
 
 1-9 
 
 3 
 3 
 
 3 
 
 Part- 
 
 Para. 
 
 26 
 
 9 
 
 12 
 
 14 
 
 2 &5 
 
 1 & 3 
 
 4 
 
 1-13 
 
 1 
 
 4 
 
 5 
 10 
 12 
 
 12 
 
 Pasre. 
 
 58 
 
 66 
 66 
 
 66 
 
 70 
 70 
 
 48 
 
 37-8 
 37 
 37 
 37 
 38 
 38 
 
 195 
 
 31 
 
 38 
 39 
 
 114-15 
 
 109 
 
 71 
 77
 
 272 
 
 TEE EXGLISE MUNICIPAL CODE. 
 
 Sec. 
 
 Subeec 
 
 MISNOMER: 
 
 or inaccurate description not to hinder 
 full operation of Act .... 
 
 MISTAKES : 
 
 in use of forms, not to invalidate election 
 in certain cases .... 
 
 MORTGAGE DEBTS: 
 
 as to schemes respecting debts incurred 
 before 1860 
 
 MORTMAIN : 
 
 corporation cannot purchase lands in fee 
 except by special statute see foot note 
 
 MUNICIPAL CORPORATION : 
 
 interpretation of term .... 
 name of ...... 
 
 MUNICIPAL ELECTION {See also Council 
 — Councillors— Election inc.) : 
 interpretation of term .... 
 not to be held in any church, chapel, or 
 
 place of worship .... 
 
 if not held on appointed day or time, to 
 
 be held next day. .... 
 if not held at appointed time, corporation 
 
 not to be dissolved .... 
 if held under authority of a mandamus, 
 
 notice to be given .... 
 
 procedure for, under authority of man- 
 damus. ...... 
 
 not to be questioned after lapse of twelve 
 
 months ...... 
 
 when avoided by general corruption, 
 
 bribery, treating, or intimidation 
 
 MUNICIPAL ELECTION PETITION (See 
 
 Petition) : 
 meaning of term ..... 
 
 MUNICIPAL REGISTRATION ACT,1878 : 
 
 as to abolition of office of assessor, in 
 boroughs included in area of a Par- 
 liamentary borough (section 20) 
 
 provisions for, and method of, revising 
 burgess lists in municipal boroughs 
 within a parliamentary borough 
 (sections 15 to 23) . 
 
 as to duplicate lists under (section 31) . 
 
 as to alterations and corrections under 
 (section 35). 
 
 as to division of expenses under 
 (section 30). 
 
 241 
 
 72 
 
 126 
 
 69 
 
 70 
 
 70 
 70 
 70 
 73 
 
 81 
 
 77 
 
 i 
 
 MUNICIPALITIES, THE ENGLISH {See 
 also Corporations) : 
 nature and constitution of 
 history of 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para.
 
 GENERAL IXDEX. 
 
 273 
 
 MUNICIPALITIES, THE ENGLISH— con- 
 firmed, 
 
 list of English and Welsh 
 
 NAME : 
 
 of municipal 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- 
 ment's 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 6ame, 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 
 
 di livered ...... 
 
 candidate, &c, may appoint person to 
 
 attend procci dinus before tin; mayor . 
 who may attend before the mayor at 
 
 Sec. Subsec 
 
 Para, 
 
 188 
 
 12 
 
 55 
 
 56 
 
 56 
 
 56 
 56 
 
 
 Sched. 
 
 Tart Para 
 
 3 
 3 
 
 1-9 
 
 2 
 2 
 
 Page. 
 
 227-30 
 
 ?7 
 175 
 
 158 
 
 10 
 
 11 
 L2 
 
 64 
 
 68 
 
 68 
 
 68 
 69 
 64 
 
 65 
 
 65 
 66 
 
 65 
 
 66 
 
 65 
 66 
 
 66 
 
 66 
 
 66 
 66 
 
 18
 
 271 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part, 
 
 Para. 
 
 Page. 
 
 NOMINATION— continued. 
 
 
 
 
 
 
 
 
 as to objections by candidates or tbeir 
 
 
 
 
 
 
 
 
 representatives at a 
 
 
 
 
 3 
 
 2 
 
 13 
 
 66 
 
 mayor's decision to be given in writing, 
 
 
 
 
 
 
 
 
 as to, and to be final if allowing. 
 
 
 
 • • 
 
 3 
 
 2 
 
 14 
 
 66 
 
 town clerk to cause names of candidates, 
 
 
 
 
 
 
 
 
 &c, to be printed and affixed to the 
 
 
 
 
 
 
 
 
 town hall or in the ward 
 
 
 
 . . 
 
 3 
 
 2 
 
 15 
 
 67 
 
 as to, of persons absent from the 
 
 
 
 
 
 
 
 
 country ...... 
 
 
 
 
 3 
 
 2 
 
 16 
 
 67 
 
 as to a candidate withdrawing where the 
 
 
 
 
 
 
 
 
 number nominated exceeds the number 
 
 
 
 
 
 
 
 
 to be elected 
 
 
 
 • ■ 
 
 3 
 
 2 
 
 17 
 
 67 
 
 the burgess roll in force on day of elec- 
 
 
 
 
 
 
 
 
 tion to be that for purposes of 
 
 
 
 * • 
 
 3 
 
 2 
 
 18 
 
 67 
 
 NOMINATION PAPER (See Nomination) : 
 
 
 a burgess entitled to sign or subscribe . 
 
 51 
 
 1 
 
 . . 
 
 . . 
 
 • . 
 
 • • 
 
 62 
 
 in more than one may not be subscribed . 
 
 51 
 
 2 
 
 
 
 
 
 .63 
 
 offences in reference to . 
 
 74 
 
 1 
 
 
 
 
 
 77 
 
 form of . 
 
 •• 
 
 
 •• 
 
 8 
 
 2 
 
 I 
 
 204 
 
 NON-ACCEPTANCE OF OFFICE (See 
 
 
 
 
 
 
 
 
 Mayor — Aldermen — Councillors, &c.) : 
 
 
 
 
 
 
 
 
 creates a casual vacancy. 
 
 40 
 
 3 
 
 
 
 
 
 53 
 
 NON- RESIDENCE: 
 
 
 
 
 
 
 
 
 when it avoids office .... 
 
 11 
 
 4 
 
 
 
 
 
 30 
 
 NON-RESIDENTS' LIST: 
 
 
 
 
 
 
 
 
 separate, to be of those persons qualified 
 
 
 
 
 
 
 
 
 to be elected as councillors . 
 
 49 
 
 1-3 
 
 •• 
 
 
 
 
 62 
 
 NOTICE : 
 
 
 
 
 
 
 
 
 of election of councillors to be given by 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 64 
 
 any required to be given in con- 
 
 
 
 
 
 
 
 
 nection with a municipal election as 
 
 
 
 
 
 
 
 
 to auditors and assessors may be com- 
 
 
 
 
 
 
 
 
 prised in one notice, and may, as to 
 
 
 
 
 
 
 
 
 ward elections, comprise matter neces- 
 
 
 
 
 
 
 
 
 sary for several wards. 
 
 65 
 
 
 
 
 
 
 75 
 
 to be given to town clerk by two bur- 
 
 
 
 
 
 
 
 
 gesses of vacancy in office of councillor, 
 
 
 
 
 
 
 
 *7 K. 
 
 auditor, or revising assessor. 
 
 66 
 
 1 
 
 . • 
 
 • • 
 
 • • 
 
 • • 
 
 to 
 
 of vacancy of office of mayor to be signed 
 
 
 
 
 
 
 
 
 by town clerk ..... 
 
 66 
 
 2 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 75 
 
 to be given to persons elected for more 
 
 
 
 
 
 
 
 
 than one ward, to select for which ward 
 
 
 
 
 
 
 
 Prf* 
 
 they will serve ..... 
 
 68 
 
 
 
 
 
 
 76 
 
 of the holding of municipal election 
 
 
 
 
 
 
 
 
 under a writ of mandamus . 
 
 70 
 
 2 
 
 
 
 
 
 76 
 
 of petition and nature of security and 
 
 
 
 
 
 
 
 
 copy of petition ..... 
 of the time and place of a trial to be given 
 
 89 
 93 
 
 3 
 1 
 
 
 
 
 
 87 
 90 
 
 of intention to withdraw petition . 
 
 95 
 
 1-2 
 
 
 
 
 . . 
 
 94 
 
 of abatement of petition 
 
 96 
 
 1-3 
 
 
 
 
 
 95 
 
 when respondent does not intend to 
 
 
 
 
 
 
 
 f\& 
 
 oppose petition ..... 
 
 97 
 
 2 
 
 
 
 
 
 96 
 
 fixture of, on town hall .... 
 
 232 
 
 
 
 
 
 
 186
 
 GENERAL IXDEX. 
 
 •27.-. 
 
 NOTICE— continued. 
 
 to be given of meetings .... 
 the business to bo transacted to be 
 
 specified ...... 
 
 how to be delivered 
 
 with reference to the nomination of 
 
 candidates ... . • 
 
 by the mayor of the situation, division, 
 
 &c, of polling places . 
 of claim, form of . 
 
 objection, form of ... 
 election, form of .... 
 
 Sec. 
 
 Subsec. Para. I Sched 
 
 Part. 
 
 NUISANCES : 
 
 bye-laws and fines for prevention and 
 suppression of . . , 
 
 see 
 
 OATHS : 
 
 as to judicial, of mayor . 
 
 power to administer, declarations, &c. 
 
 what oaths must be taken by mayor see 
 
 OBJECTION: 
 
 form of, notice of . . . . 
 
 23 
 
 239 
 
 OBJECTIONS, LIST OF: 
 form of . 
 
 OCCUPATION : 
 
 of what premises to qualify . 
 successive and by descent 
 
 OCCUPIERS : 
 
 may claim to be rated .... 
 
 owners to be rated instead of, in certain 
 
 cases ....... 
 
 OFFENCES : 
 
 forging, &c, nomination paper at elec- 
 tion 
 
 upon which disfranchisement will follow 
 as to trial of when committed in certain 
 
 counties of cities and towns, 
 cognisable by borough quarter sessions . 
 
 OFFICE, CORPORATE: 
 
 person elected to, to accept same or be 
 liable to a fine ..... 
 declaration upon accepting 
 
 OFFICE OF PROFIT: 
 
 holders of, save mayor or sheriff, may 
 
 not bo members of council . 
 sheriffwick is not an see 
 
 OFFICERS {see also Clerk of the Peace- 
 Coroner — Mayor — Recorder — Town 
 Clerk — Treasurer, &c.) : 
 neglect of duty by, fine for 
 
 9 
 33 
 
 S2 
 
 147 
 
 74 
 79 
 
 188 
 165 
 
 34 
 
 12 
 
 1-5 
 
 99 
 
 1 
 1 
 
 1-2 
 3* 
 
 a-d 
 
 ■2 
 2 
 
 3 
 
 3 
 8 
 8 
 8 
 
 8 
 i 
 
 2 
 2 
 
 o e 
 
 i 
 
 Para. 
 
 5-6 
 
 
 6 
 
 2 
 D 
 E 
 H 
 
 E 
 
 G 
 
 Page. 
 
 37 
 
 37 
 
 37 
 
 66 
 
 70 
 
 202 
 202 
 203 
 
 40-1 
 
 138 
 189 
 139 
 
 202 
 203 
 
 28 
 47 
 
 46 
 132 
 
 77 
 83 
 
 158 
 144-5 
 
 48 
 201 
 
 31 
 149 
 
 97 
 
 * Set footnote following this KUb-wrhon
 
 276 
 
 THE ENGLISH MUNICIPAL COPE. 
 
 
 
 Sec. 
 
 Subsec. 
 
 Para. 
 
 Sched. 1 
 
 Part. 
 
 Para. ' 
 
 Page. 
 
 OFFICERS (continued) : 
 
 
 
 
 
 
 
 
 may be employed by election court. 
 
 99 
 
 3 
 
 
 
 
 
 97 
 
 remuneration to, to be fixed by judges, 
 
 
 
 
 
 
 
 
 subject to approval of Treasury . 
 
 101 
 
 1 
 
 
 
 
 
 99 
 
 may be appointed by town council 
 
 . 
 
 19 
 
 
 
 
 
 
 35 
 
 remuneration of 
 
 > 
 
 20 
 
 
 
 
 
 
 35 
 
 to give security 
 
 m 
 
 20 
 
 
 
 
 
 
 35 
 
 to deliver true accounts, &c. . 
 
 , 
 
 21 
 
 1 
 
 * • 
 
 
 
 
 36 
 
 to pay all moneys received to tbe 
 
 
 
 
 
 
 
 
 treasurer, or as council may direct 
 
 21 
 
 2 
 
 
 
 
 
 36 
 
 penalty upon for neglect or refusal 
 
 21 
 
 3 
 
 a-b 
 
 
 
 
 36 
 
 OFFICIAL OATHS : 
 
 
 
 
 
 
 
 
 by whom to be taken .... 
 
 157 
 
 2 
 
 
 
 
 
 139 
 
 OPEN" COURT: 
 
 
 
 
 
 
 
 
 an election petition to be tried in . 
 
 93 
 
 1 
 
 
 
 
 
 90 
 
 ORDER : 
 
 
 
 
 
 
 
 
 of election court for payment of 
 
 
 
 
 
 
 
 
 remuneration, &c, of town clerk 
 
 
 
 
 
 
 
 
 for receiving the election court. 
 
 
 
 
 
 
 
 
 and for repayment of expenses by 
 
 
 
 
 
 
 
 
 petition on respondent in certain 
 
 
 
 
 
 
 
 
 CtiSCS •••••,• 
 
 101 
 
 2 
 
 a-b 
 
 
 
 
 99 
 
 ORDER IN COUNCIL (PRIVY) : 
 
 
 
 
 
 
 
 
 must be obtained for a borough to be 
 
 
 
 
 
 
 
 
 divided into wards, or to alter the 
 
 
 
 
 
 
 
 
 number and boundaries of wards . 
 
 30 
 
 1 
 
 
 
 
 
 44 
 
 proceedings upon ..... 
 
 30 
 
 2-15 
 
 
 
 
 
 44-c 
 
 ORDERS : 
 
 
 
 
 
 
 
 
 for payment of money out of borough 
 
 
 
 
 
 
 
 
 fund may be removed 
 
 141 
 
 2 
 
 
 
 
 
 12: 
 
 under Act not removable by certiorari . 
 
 220 
 
 
 
 
 
 
 17* 
 
 OVERSEERS : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 7 
 
 1 
 
 
 
 
 
 2c 
 
 to put occupier's name on rate book upon 
 
 
 
 
 
 
 
 
 claim made by occupier 
 
 32 
 
 1 
 
 
 
 
 
 46 
 
 to make list of persons entitled in respect 
 
 
 
 
 
 
 
 
 of the occupation of property in the 
 
 
 
 
 
 
 
 
 parish to be elected councillors as 
 
 
 
 
 
 
 
 
 being resident within fifteen miles, 
 
 
 
 
 
 
 
 
 ali hough beyond seven miles from the 
 
 
 
 
 
 
 
 
 borough ...... 
 
 49 
 
 1 
 
 
 
 
 
 61 
 
 provisions of Act as to claims and objec- 
 
 
 
 
 
 
 
 
 tions to apply to such Lists . 
 
 49 
 
 2 
 
 
 
 
 
 6C 
 
 town clerk to arrange names in a separate 
 
 
 
 
 
 
 
 
 list (non-resident) at end of burgess 
 
 
 
 
 
 
 
 
 roll 
 
 49 
 
 3 
 
 
 
 
 
 62 
 
 when borough or wards divided into 
 
 
 
 
 
 
 
 
 polling districts, overseers to make out 
 
 
 
 
 
 
 
 
 parish burgess lists so as to divide the 
 
 
 
 
 
 
 
 
 names in conformity with polling 
 
 
 
 
 
 
 
 
 districts ...... 
 
 64 
 
 
 
 
 
 
 72 
 
 fine upon, for neglecting or refusing to 
 
 
 
 
 
 
 
 
 make, sign, or deliver a parish burgess 
 
 
 
 
 
 
 
 
 list 
 
 75 
 
 2 
 
 a 
 
 
 
 
 79
 
 QEXERAL IXDEX. 
 
 277 
 
 OVERSEERS— continued. 
 
 fine for refusing to allow lists to be 
 inspected ...... 
 
 their powers and duties with reference to 
 the borough rate .... 
 
 when they may appeal against assess- 
 ment ....... 
 
 to collect borough rate according to the 
 order of town council . 
 
 in case of failure, amount may be levied 
 upon goods ...... 
 
 to collect borough rate in divided parish. 
 
 to pay amount to the council . 
 
 to account to auditor for money re- 
 ceived ...•••• 
 
 how to dispose of balance, if any . 
 
 to include costs of assessment in collect- 
 ing rate ...... 
 
 where part only of a parish is liable to 
 watch rate, to make separate rate on 
 parts liable only for .... 
 
 to account for money collected under 
 separate rate as for money collected 
 under a poor rate. .... 
 
 may levy by distress and sale on defaul- 
 ters ... ... 
 
 every matter directed to be done by, may 
 be lawfully done by major part of them 
 
 notices required to be given to, may be 
 delivered to one of them 
 
 to make, sign, and deliver to town clerk 
 a parish burgess list for the year . 
 
 to keep a printed copy of the list for in- 
 spection . . . •_ • 
 
 to attend court on revision of lists . 
 
 may be required, by the court to produce 
 books, &c. ...... 
 
 may be examined on oath 
 
 OWNERS : 
 
 to be rated instead of occupiers in certain 
 cases ....... 
 
 OXFORD, UNIVERSITY OF : 
 
 nothing in Ait to affect rights and 
 vileges of 
 
 pri- 
 
 PARISII : 
 
 inti-rpp-tation of term . 
 
 :i . .d \'i b'U-ouj/h rate may appeal 
 
 against rate. ... 
 whore part only of, is liable to watch rate, 
 
 overseers to make a Beparate rate <><■ 
 ssment on parts only liable to watch 
 
 rate ....... 
 
 Sec. Subsec. 
 
 Para. 
 
 Sohed. 
 
 10 
 
 111 
 144 
 145 
 
 145 
 
 146 
 146 
 
 146 
 146 
 
 146 
 
 198 
 
 198 
 198 
 238 
 
 238 
 
 147 
 
 25 7 
 
 7 
 144 
 
 IMS 
 
 7-9 
 
 9 
 
 1 
 
 3 
 1 
 3 
 
 4 
 5-6 
 
 7-9 
 
 1-2 
 
 Part. Para. | Page. 
 
 79 
 
 129 
 
 129 
 
 130 
 
 131 
 131 
 131 
 
 131 
 132 
 
 132 
 
 163 
 
 104 
 
 164 
 
 188 
 
 189 
 
 57 
 
 57 
 58 
 
 58 
 68 
 
 132 
 
 195-6 
 
 2 
 
 20 
 
 21 
 
 •>■> 
 
 25 
 L29 
 
 168
 
 278 
 
 TEE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 PARISH BURGESS LISTS {See Burgess 
 
 
 
 
 
 
 
 
 Lists — Burgess Roll, &c.) : 
 
 
 
 
 
 
 
 
 when they have been revised and signed, 
 
 
 
 
 
 
 
 
 the revising authority to deliver them 
 
 
 
 
 
 
 
 
 to town clerk, and a printed copy 
 
 
 
 
 
 
 
 
 signed by him to be the burgess roll of 
 
 
 
 
 
 
 
 
 borough . . . . . 
 
 45 
 
 1 
 
 
 
 
 
 58 
 
 to be arranged as council shall direct 
 
 
 
 
 
 
 
 
 (shoidd be alphabetical) 
 
 46 
 
 1-2 
 
 ♦ 9 
 
 . . 
 
 • o 
 
 * • 
 
 60 
 
 when revised under the Parliamentary and 
 
 
 
 
 
 
 
 
 Municipal Registration Act, 1878, the 
 
 
 
 
 
 
 
 
 burgess roll subject to alterations, &c, 
 
 
 
 
 
 
 
 
 as provided by that Act 
 
 47 
 
 1 
 
 • B 
 
 
 • • 
 
 
 60 
 
 when revised under this Act, a person 
 
 
 
 
 
 
 
 
 whose claim has been rejected or name 
 
 
 
 
 
 
 
 
 expunged may apply for a mandamus . 
 
 47 
 
 2 
 
 
 . . 
 
 • • 
 
 
 61 
 
 if mandamus granted, the mayor to in- 
 
 
 
 
 
 
 
 
 sert the name in the burgess roll, and 
 
 
 
 
 
 
 
 
 to add, "by order of Her Majesty's 
 
 
 
 
 
 
 
 
 High Court of Justice." 
 
 47 
 
 3 
 
 
 
 
 
 61 
 
 to be printed by town clerk and copies 
 
 
 
 
 
 
 
 
 to be delivered to any person on pay- 
 
 
 
 
 
 
 
 
 ment ..... . 
 
 48 
 
 1 
 
 • ♦ 
 
 . , 
 
 • « 
 
 • » 
 
 61 
 
 how if not made or revised in due time . 
 
 71 
 
 1 
 
 
 
 
 
 77 
 
 penalty upon mayor and assessors for 
 
 
 
 
 
 
 
 
 neglecting to revise, &c. 
 
 75 
 
 1 
 
 . . 
 
 
 • o 
 
 • 9 
 
 78 
 
 fine upon overseer for neglecting, &c, to 
 
 
 
 
 
 
 
 
 make, &c. ..... 
 
 75 
 
 2 
 
 a-e 
 
 
 
 
 79 
 
 In Boroughs not Parliamentary. 
 
 
 
 
 
 
 
 
 overseers of each parish to make, sign, 
 
 
 
 
 
 
 
 
 and deliver to town clerk a parish 
 
 
 
 
 
 
 
 
 burgess list on or before the 1st of 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 1 
 
 1 
 
 57 
 
 
 
 
 
 3 
 
 1 
 
 2 
 
 57 
 
 town clerk to fix printed copy in town 
 
 
 
 
 
 
 
 
 hall m 
 
 « » 
 
 • • 
 
 ■ • 
 
 3 
 
 1 
 
 3 
 
 57 
 
 persons omitted to give notice of claim to 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 1 
 
 4 
 
 57 
 
 on the list may object to any one 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 1 
 
 5 
 
 57 
 
 objecting, to give notice of same 
 
 
 
 
 
 
 
 
 to town clerk and to the person 
 
 
 
 
 
 
 
 
 objected to . 
 
 . . 
 
 . » 
 
 • • 
 
 3 
 
 1 
 
 6 
 
 57 
 
 town clerk to make lists of claimants 
 
 
 
 
 
 
 
 
 and persons objected to, and cause 
 
 
 
 
 
 
 
 
 printed copies to be fixed in the town 
 
 
 
 
 
 
 
 
 hall ....... 
 
 
 • • 
 
 
 3 
 
 I 
 
 7 
 
 57 
 
 to keep printed copy open to inspection . 
 
 
 . . 
 
 
 3 
 
 1 
 
 8 
 
 57 
 
 mayor and revising assessors to revise 
 
 
 • . 
 
 
 3 
 
 1 
 
 9 
 
 57 
 
 to hold an open court of revision during 
 
 
 
 
 
 
 
 
 the first fifteen days of October . 
 
 
 , , 
 
 
 3 
 
 1 
 
 10 
 
 57 
 
 to give three days' clear notice of court . 
 
 
 • • 
 
 
 3 
 
 1 
 
 11 
 
 58 
 
 the town clerk at opening of court to 
 
 
 
 
 
 
 
 
 produce lists . . 
 
 
 . , 
 
 
 3 
 
 1 
 
 12 
 
 58 
 
 the court to insert in the name of 
 
 
 
 
 
 
 
 
 claimants entitled .... 
 
 
 j a 
 
 
 3 
 
 1 
 
 13 
 
 58 
 
 to expunge the names of persons proved to 
 
 
 
 
 
 
 
 
 be dead ...... 
 
 
 , . 
 
 
 3 
 
 1 
 
 14 
 
 58 
 
 to retain the name of any person not 
 
 
 
 
 
 
 
 1 
 
 duly objected to . 
 
 
 
 " 
 
 3 
 
 1 
 
 15 
 
 58 
 
 1
 
 GENERAL I.YUEX. 
 
 27 • 
 
 Sec. 
 
 Subsec. 
 
 PARISH BURGESS LIST— continued. 
 
 to retain every respondent unless objec- 
 tor appears to support objection . 
 
 if objector appears, court to require proof 
 of respondent's qualification, if not 
 proved, name to be expunged 
 
 where 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 pro- 
 duce rate books 
 
 may examine on oath parties be- 
 fore 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 15th 
 October 
 
 PARISH LISTS (See also Burgess Roll— 
 
 Non-Residents' List, &c.) : 
 
 of persons entitled in respect of pro- 
 perty in the parish to be elected coun- 
 cillors as being resident within fifteen 
 miles although beyond seven miles, 
 from the borough .... 
 
 town clerk to arrange names in a 
 separate list at end of burgess roll 
 
 PARLIAMENTARY BOROUGH: 
 
 interpretation of term .... 
 
 PARLIAMENTARY ELECTION : 
 
 interpretation of term .... 
 corporate property not to be applied to 
 purposes of . 
 
 Para. 
 
 Sched. 
 
 Part. Para. 
 
 Page. 
 
 PARLIAMENTARY ELECTION 
 TION : 
 meaning of term 
 
 PETI- 
 
 PARL1AMENTARY AND MUNICIPAL 
 REGISTRATION ACT, 1878 {See 
 Municipal Registration Act, kc.) 
 
 PARC)' IMA I, BELIEF : 
 
 reception of , a disqualification 
 
 49 
 49 
 
 7 
 121 
 
 77 
 
 8 
 3 
 3 
 3 
 3 
 
 16 
 
 17 
 
 13 
 
 19 
 
 20 
 21 
 22 
 23 
 
 21 
 25
 
 280 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 PAYMENT : 
 
 
 
 
 
 
 
 
 conveyance of a voter to or from the 
 
 
 
 
 
 
 
 
 poll, line for ..... 
 
 83 
 
 
 
 
 
 
 84 
 
 PENALTIES : 
 
 
 
 
 
 
 
 
 for corrupt practices .... 
 
 78 
 
 
 
 
 
 
 82 
 
 upon candidate found by election court 
 
 
 
 
 
 
 
 
 guilty of corrupt practices . 
 
 79 [ 
 
 1 
 
 a d 
 
 
 
 
 82-3 
 
 when found guilty upon 
 
 
 
 
 
 
 
 
 indictment ..... 
 
 79 
 
 2 
 
 
 <r • 
 
 • • 
 
 • • 
 
 83 
 
 for being employed for reward, when a 
 
 
 
 
 
 
 
 
 burgess, at an election 
 
 82 
 
 2 
 
 
 
 
 
 84 
 
 application of, in quarter sessions 
 
 
 
 
 
 
 
 
 boroughs ...... 
 
 221 
 
 1 
 
 
 
 
 
 178 
 
 procedure against corporate officers for . 
 
 224 
 
 1 
 
 
 
 
 
 180 
 
 PERJURY : 
 
 
 
 
 
 
 
 
 disqualification of candidate removed, if 
 
 
 
 
 
 
 
 
 perjury proved against witness . 
 
 79 
 
 3 
 
 
 
 
 
 83 
 
 of a witness upon a petition not protected 
 
 
 
 
 
 
 
 
 by certificate of indemnity . 
 
 94 
 
 6 
 
 
 
 
 
 93 
 
 PERSON : 
 
 
 
 
 
 
 
 
 who are included in the term . 
 
 7 
 
 1 
 
 
 
 
 
 25 
 
 PERSONATION (See Municipal Election 
 
 
 
 
 
 
 
 
 Petition &c.) : 
 
 
 
 
 
 
 
 
 interpretation of term .... 
 
 77 
 
 
 
 
 
 
 82 
 
 costs upon an indictment for . 
 
 84 
 
 1 
 
 
 
 
 
 85 
 
 provisions for detention and apprehen- 
 
 
 
 
 
 
 
 
 sion of personators .... 
 
 86 
 
 
 
 
 
 
 85 
 
 PETITION (See also Petitioner) : 
 
 
 
 
 
 
 
 
 of council for the division of borough 
 
 
 
 
 
 
 
 
 into wards, or to alter the number or 
 
 
 
 
 
 
 
 
 boundaries of wards .... 
 
 30 
 
 1 
 
 
 
 
 
 44 
 
 notice of, and time and place when 
 
 
 
 
 
 
 
 
 same to be considered, proceedings 
 
 
 
 
 
 
 
 
 upon ...... 
 
 30 
 
 2 
 
 
 
 
 
 44 
 
 As to Municipal Election : 
 
 
 
 
 
 
 
 
 how election may be questioned 
 
 87 
 
 1 
 
 
 
 
 
 85 
 
 that election was wholly avoided by 
 
 
 
 
 
 
 
 
 general bribery, treating, undue in- 
 
 
 
 
 
 
 
 
 fluence or personation 
 
 87 
 
 1 
 
 a 
 
 
 
 
 85 
 
 that corrupt practices prevailed at election 
 
 87 
 
 1 
 
 b 
 
 
 
 
 85 
 
 that candidate returned was disqualified . 
 
 87 
 
 1 
 
 c 
 
 
 
 
 85 
 
 that candidate was not duly elected by a 
 
 
 
 
 
 
 
 
 majority ...... 
 
 87 
 
 1 
 
 d 
 
 
 
 
 86 
 
 election not to be questioned on foregoing 
 
 
 
 
 
 
 
 
 grounds except by petition . 
 
 87 
 
 2 
 
 
 
 
 
 86 
 
 by whom may be presented . 
 
 88 
 
 1 
 
 
 
 
 
 86 
 
 who to be made respondent . 
 
 88 
 
 2 
 
 
 
 
 
 86 
 
 form of, and to what court to be presented 
 
 88 
 
 3 
 
 
 
 
 
 86 
 
 within what time to be presented . 
 
 88 
 
 4 
 
 
 
 
 
 86 
 
 security to be given with a certain time 
 
 
 
 
 
 
 
 
 for costs, &c. . 
 
 89 
 
 1 
 
 i i 
 
 • • 
 
 • • 
 
 • • 
 
 87 
 
 amount of costs and sureties for 
 
 89 
 
 2 
 
 
 
 
 
 87 
 
 notice of presentation of and nature of 
 
 
 
 
 
 
 
 
 proposed security and copy of 
 
 89 
 
 3 
 
 
 
 
 
 87
 
 GENERAL IS LEX 
 
 2S1 
 
 PETITION— continued. 
 
 respondent may object to recognisance . 
 objection to be decided in prescribed 
 
 manner ...... 
 
 if objection allowed, how objection re- 
 moved ...... 
 
 if no security or objection allowed and 
 
 not removed, no further proceedings to 
 
 be had on . 
 when to be at issue 
 list of, when at issue, to be kept in office 
 
 to be open to inspection 
 to be tried in the order in which they 
 
 stand in the list , 
 
 as to being bracketed with others . 
 how and by whom to be tried . 
 two candidates may be made respondents 
 
 to same petition, but it shall be deemed 
 
 to be a separate petition against each . 
 notice of time and place of trial to be 
 
 given, and to be tried in open court . 
 notice of time and place of trial, which is 
 
 to be inborough, unless otherwise ordered 
 trial of, may be adjourned, and to 
 
 another place ..... 
 duty of barrister on conclusion of trial of 
 as to withdrawing ..... 
 as to, by council for grant of quarter 
 
 sessions ...... 
 
 PETITIONER (See above) : 
 to give security for costs 
 by payment or recognisance . 
 to serve respondent with a notice of 
 
 presentation of petition, with nature of 
 
 security, and a copy of petition . 
 how objection may be removed by . 
 not to withdraw petition without leave of 
 
 election court or High Court of Justice, 
 application not to be made until notice 
 
 given in borough .... 
 
 on healing of petition another person may 
 
 be substituted as petitioner . 
 how proposed withdrawal to be dealt 
 
 with if in consequence of corrupt 
 
 bargain ...... 
 
 as to new petition on withdrawal of old one 
 as to withdrawing where several 
 neglect or refusal to pay costs certified, 
 
 as to . 
 when he may be ordered to pay town 
 
 clerk expenses of the court . 
 
 PETITION FOR GRANT OF CHARTER . 
 
 to be referred to committee of Privy 
 
 Council 
 
 PETITION FOE GRANT OF QUARTER 
 SESSIONS : 
 
 aa t<>, by council . . . . . 
 
 Sec. 
 
 89 
 89 
 89 
 
 89 
 90 
 
 91 
 
 91 
 91 
 92 
 
 91 
 
 93 
 
 93 
 
 93 
 93 
 96 
 
 1G2 
 
 89 
 89 
 
 89 
 89 
 
 95 
 
 95 
 
 95 
 
 95 
 95 
 
 95 
 
 98 
 101 
 
 211 
 
 102 
 
 Subsec. Para. 
 
 4 
 
 5 
 6 
 
 3 
 1 
 2 
 
 3 
 
 4 
 1-8 
 
 1-3 
 
 3 
 
 G 
 
 1 
 
 2 
 3 
 
 4 
 5 
 8 
 
 3 
 
 2 
 
 1-3 
 
 Sched. Pait. 
 
 Para. 
 
 Pass. 
 
 88 
 88 
 88 
 
 88 
 
 88 
 
 88 
 89 
 89 
 
 89 
 
 90 
 
 90 
 
 90 
 
 90 
 
 94-95 
 
 142 
 
 87 
 87 
 
 87 
 88 
 
 94 
 
 94 
 
 94 
 
 94 
 94 
 91 
 
 97 
 
 99 
 
 171 
 
 142
 
 282 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 PETITION TO INVALIDATE AN 
 ELECTION : 
 
 not to avail after twelve months 
 
 to abate by death of sole petitioner . 
 
 abatement of petition not to affect 
 liability to costs ..... 
 
 notice of abatement to be given in 
 borough, and upon such another peti- 
 tioner may be substituted . 
 
 PLACE OF PROFIT (See Office of Profit) : 
 
 PLAINTIFF : 
 
 in an action to recover a fine from mayor, 
 alderman or assessor, moiety to be 
 paid to ..... . 
 
 POLICE (See also Borough Constables — 
 Watch Committee, &c.) .... 
 provision as to, in new boroughs *. 
 
 POLICE OFFICE : 
 
 council may purchase land to build 
 as to borrowing money, &c, for purpose 
 of building and repairs 
 
 POLL: 
 
 election, if contested, to be conducted 
 as at a parliamentary election, under 
 Ballot Act, subject, &c. 
 
 at election for councillors to commence 
 nine o'clock and close at four 
 o'clock 
 
 as to closing poll at an earlier hour 
 
 payment for conveyance of a voter to or 
 from poll, fine for .... 
 
 POLLING DISTRICTS : 
 
 council may divide borough or wards 
 into polling districts .... 
 
 POLLING STATIONS : 
 
 as to when returning officer to give 
 notice of situation, division of, &c. 
 
 each polling station to be provided with 
 compartments, &c. .... 
 
 POOR RATE : 
 
 claim to enrolment as burgess dependent 
 on rating to and payment of 
 
 PRESCRIBED : 
 
 meaning of term ..... 
 
 PRESCRIBED OFFICER : 
 
 duties of, with reference to municipal 
 election petitions .... 
 
 duties of, under this Act, to be per- 
 formed by prescribed officer of High 
 court 
 
 Sec. 
 
 73 
 96 
 
 96 
 
 96 
 
 76 
 
 215 
 
 105 
 120 
 
 58 
 
 58 
 58 
 
 83 
 
 64 
 
 77 
 
 91 
 
 100 
 
 Subsec. 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 d-e 
 
 77 
 95 
 
 95 
 
 95 
 
 79 
 
 175 
 
 101 
 111 
 
 69-70 
 
 71 
 
 71 
 
 84 
 
 75 
 
 79 
 79 
 
 28 
 82 
 
 88 
 98
 
 GENERAL INDEX. 
 
 283 
 
 Sec. | Subsec. Para. 
 
 PRESIDING OFFICER {See also Returning 
 
 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 Council, &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 be paid, &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 . 
 
 PURCHASE MONEY : 
 
 how to be dealt with .... 
 
 PUBLIC WORKS LOANS ACT, 1873 : 
 
 procedure 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 (Seealoo Burgess— Coun- 
 cillors, &C, iVc, &C.) : 
 of burgees .... 
 
 59 
 59 
 
 252 
 
 30 
 210-8 
 
 33 
 
 226 
 
 84 
 
 33 
 
 23 
 214 
 
 114 
 120 
 
 120 
 
 74 
 
 I 
 Schet.1. Part. ! Faru. Pag*. 
 
 1 
 
 2 
 
 6 
 2 
 
 1-4 
 
 1-2 
 
 a-b 
 
 a-e 
 
 71-2 
 72 
 
 195 
 
 •14 
 170-7 
 
 47 
 
 181 
 
 85 
 
 48 
 
 41 
 174 
 
 107 
 111 
 
 111 
 
 77-7S 
 28
 
 283 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 
 
 
 
 Sec. 
 
 Subsec 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 QUALIFICATION— continued. 
 
 
 
 
 
 
 
 
 of councillor 
 
 
 11 
 
 1-4 
 
 
 
 
 
 
 
 
 
 3C 
 
 alderiran 
 
 
 
 
 14 
 
 3 
 
 
 
 
 
 
 
 
 
 32 
 
 mayor 
 
 . 
 
 
 
 
 15 
 
 1 
 
 
 
 
 
 
 
 
 
 32 
 
 town clerk 
 
 
 
 
 
 17 
 
 1 
 
 
 
 
 
 
 
 
 
 31 
 
 trea surer 
 
 # 
 
 
 
 
 18 
 
 1 
 
 
 
 
 
 
 
 
 
 35 
 
 auditors 
 
 . 
 
 
 
 
 25 
 
 2-3 
 
 
 
 
 
 
 
 
 
 42 
 
 assessors 
 
 . 
 
 
 
 
 29 
 
 2 
 
 
 
 
 
 
 
 
 
 43 
 
 borough justices 
 
 
 
 
 157 
 
 2-4 
 
 
 
 
 
 
 
 
 
 139 
 
 stipendiary magistrate 
 
 
 
 
 161 
 
 1 
 
 
 
 
 
 
 
 
 
 141 
 
 recorder 
 
 
 
 
 163 
 
 1 
 
 
 
 
 
 
 
 
 
 142 
 
 clerk of the peace 
 
 
 
 
 164 
 
 1 
 
 
 
 
 
 
 
 
 
 143 
 
 deputy recorder . 
 
 
 
 
 166 
 
 1 
 
 
 
 
 
 
 
 
 
 146 
 
 assistant recorder 
 
 
 
 
 168 
 
 1 
 
 
 
 
 
 
 
 
 
 146 
 
 coroner 
 
 
 
 
 171 
 
 1 
 
 
 
 
 
 
 
 
 
 149 
 
 deputy coroner . 
 
 
 
 
 172 
 
 1 
 
 
 
 
 
 
 
 
 
 150 
 
 deputy judge of civil court . 
 
 
 
 175 
 
 2 
 
 
 
 
 
 
 
 
 
 151 
 
 freemen .... 
 
 
 
 201 
 
 •• 
 
 
 
 
 
 
 
 
 
 166 
 
 QUARTERLY MEETINGS OF TH 
 
 E 
 
 
 
 
 
 
 
 COUNCIL : 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 • • 
 
 1-2 
 
 37 
 
 QUARTER SESSIONS : 
 
 
 
 
 
 
 
 
 appeal to, by overseers against assess- 
 
 
 
 
 
 
 
 
 ment to the borough rate to be 
 
 i 
 
 
 
 
 
 
 
 made to ..... 
 
 144 
 
 9 
 
 
 
 
 
 129 
 
 boroughs having, not to be assessed tc 
 
 
 
 
 
 
 
 
 the count}' rate .... 
 
 150 
 
 1 
 
 . . 
 
 • • 
 
 » . 
 
 • • 
 
 134 
 
 expenses of assize prosecutions from 
 
 
 
 
 
 
 
 
 borough still to be paid to county 
 
 151 
 
 
 
 
 
 
 134 
 
 to what otlier expenses of the county a 
 
 
 
 
 
 
 
 
 borough with quarter sessions liable . 
 
 152 
 
 1-2 
 
 
 
 
 
 135 
 
 as to grant of, to a borough 
 
 162 
 
 1 
 
 
 
 
 
 142 
 
 QUEEN'S BENCH DIVISION : 
 
 
 
 
 
 
 
 
 municipal election, petition to be pre- 
 
 
 
 
 
 
 
 
 sented to ..... 
 
 88 
 
 3 
 
 • • 
 
 • • 
 
 • • 
 
 • • 
 
 86 
 
 QUESTIONS: 
 
 
 
 
 
 
 
 
 to be put on request to burgesses at an 
 
 
 
 
 
 
 
 
 election ...... 
 
 59 
 
 1 
 
 a-b 
 
 
 
 
 71-2 
 
 how to be decided at council meetings . 
 
 
 
 
 2 
 
 
 10 
 
 38 
 
 QUESTIONING VOTER : 
 
 
 
 
 
 
 
 
 voter by ballot not to be questioned as to 
 
 
 
 
 
 
 
 
 for -whom he has voted 
 
 104 
 
 
 
 
 
 
 100 
 
 QUO WARRANTO : 
 
 
 
 
 
 
 
 
 as to an election, not to be granted, if 
 
 
 
 
 
 
 
 
 called in question after twelve months 
 
 73 
 
 
 
 
 
 
 77 
 
 application for information in nature of, 
 
 
 
 
 
 
 
 
 against persons claiming to hold cor- 
 
 
 
 
 
 
 
 
 porate offices not to be made after 
 
 
 
 
 
 
 
 
 expiration of twelve months from date 
 
 
 
 
 
 
 
 
 of disqualification . . . . 
 
 225 
 
 1 
 
 
 • * 
 
 
 • • 
 
 180 
 
 QUORUM OF COUNCIL : 
 
 
 
 
 
 
 
 
 to be one-third . 
 
 
 , , 
 
 
 2 
 
 • ■ 
 
 10 
 
 38 
 
 of Watch Committee to be three 
 
 • • 
 
 • • 
 
 • • 
 
 • » 
 
 • • 
 
 • • 
 
 38
 
 GENERAL I XL EX. 
 
 285 
 
 Sec. 
 
 EATING- : 
 
 claim of occupier to be rated 
 
 rating to apply 
 of overseer . 
 
 notwithstanding laches 
 
 BATE : 
 
 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. ..... 
 
 EECEIPTS AND EXPEXDITUEE : 
 
 town clerk to make return to Local 
 Government Board 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 auo.it of the second 
 half ....... 
 
 EECOGXISAXCE : 
 
 when respondent in petition may object to 
 
 borough constable may take . 
 
 obligation of . 
 
 particulars of to be enterel in a book 
 
 estreat of, when same forfeited 
 
 when it may be discharged without fee 
 
 RECORDER : 
 
 to hear appeal of overseers against 
 assessment to borough rate 
 
 appointment of and qualifi:ation . 
 
 to hold office during good behaviour 
 
 to be justice of borough ex offieio 
 
 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 appointed for two or 
 more boroughs conjointly . 
 
 constitution and jurisdiction of court of 
 the 
 
 to hold sessions once in every quarter or 
 oftener ...... 
 
 to sit as Bole judge . . . . 
 
 not to have power to allow, apportion, 
 make or levy any borough rati 
 
 not to do any act with reference to allow- 
 ance, &c, of any rato . 
 
 32 
 32 
 
 120 
 
 Subsec. Para 
 
 Selied. 
 
 Part, 
 
 Para. 
 
 Page. 
 
 28 
 28 
 
 28 
 
 28 
 
 89 
 
 227 
 227 
 227 
 227 
 
 227 
 
 144 
 163 
 163 
 163 
 
 163 
 163 
 
 163 
 163 
 
 163 
 
 165 
 
 165 
 
 165 
 
 165 
 L65 
 
 4 
 1 
 2 
 3 
 6 
 8 
 
 10 
 1 
 2 
 3 
 
 6 
 
 7 
 
 8 
 3 
 
 1 
 
 2 
 
 4 
 4 
 
 21 
 
 46 
 
 47 
 
 111 
 58 
 
 42 
 42 
 
 43 
 
 43 
 
 88 
 182 
 183 
 183 
 1 83 
 183 
 
 130 
 142 
 142 
 
 112 
 
 142 
 143 
 
 143 
 113 
 
 113 
 
 114 
 
 II 
 
 1 11 
 1 II 
 
 115 
 145
 
 286 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 RECORDER— continued. 
 
 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 .... 
 
 not to exercise any power specially 
 vested in council .... 
 
 may appoint a deputy .... 
 
 in absence of, and deputy recorder, 
 mayor to open court and adjourn the 
 holding ...... 
 
 may order second court to be formed, and 
 appoint assistant recorder . 
 
 to be judge of borough civil court where 
 none other, &c. ..... 
 
 to certify for fees to officers for second 
 court of quarter sessions 
 
 form of declaration on accepting office of 
 
 RE-ELIGIBILITY : 
 
 a person ceasing to hold office re-eligible 
 unless disqualified .... 
 
 REFERENCES : 
 
 provisions for, in unrepealed enactments 
 to Municipal Corporations Act, 1835, 
 &c 
 
 REGISTRAR; 
 
 as to appointment of, in borough civil 
 
 court ....... 
 
 of borough civil court to summon persons 
 
 to serve on juries .... 
 
 REMUNERATION" : 
 
 of barristers and others upon trial of 
 a petition to be fixed by judges on 
 rota 
 
 to be first paid by Treasury, and on 
 their certificate out of borough rate or 
 fund ....... 
 
 when election court may order expenses 
 and remuneration to be paid by peti- 
 tioner or respondent .... 
 
 REQUISITION {See also Council— Mayor, 
 &c.) : 
 as to, by members of council to mayor to 
 call meeting ..... 
 
 Sec. 
 
 165 
 
 165 
 166 
 
 167 
 168 
 175 
 
 :;7 
 
 242 
 
 178 
 186 
 
 101 
 101 
 101 
 
 Subsec. 
 
 REPEAL : 
 
 of Acts 
 
 REPEALS i 
 
 enactments repealed generally 
 
 only as to boroughs 
 within this Act . 
 
 REPEALED ENACTMENTS : 
 
 saving in Act as to 
 
 260 
 
 Para. 
 
 c 
 d 
 
 1-3 
 
 a-b 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 2 
 B
 
 GENERAL IXDEX. 
 
 ■>7 
 
 Sec. 
 
 3nbaeo. 
 
 Para. 
 
 Sched. 
 
 Tart. 
 
 Para. 
 
 Tage. 
 
 RESIGNATION OF OFFICE : 
 
 may be made upon payment of fine 
 
 RESPONDENT (to* also Municipal Election 
 — Petition — Petitioner, &c.) : 
 
 to have notice of presentation of petition^ 
 nature of security, and copy of 
 petition 
 
 may object to recognisance 
 
 how objection to be decided . 
 
 two or more candidates may bo made 
 in petition ...... 
 
 upon trial of petition may give evidence 
 that the claimant was not duly elected 
 
 trial of petition to be proceeded with 
 notwithstanding has ceased to hold 
 office ....... 
 
 as to giving notice that he does not 
 intend to oppose petition when he is not 
 afterwards entitled to appear as a party 
 
 when, may be ordered to pay town clerk 
 the expenses of court .... 
 
 RETURNS : 
 
 aa to, of accounts by town clerk to Local 
 
 Government Board .... 
 
 of inquests by coroners to Secretary 
 
 of State 
 
 rules by watch committee to 
 Secretary of State .... 
 
 RETURNING OFFICER ■ 
 
 to be the mayor, for a whole borough . 
 
 to be an alderman chosen by the council 
 when borough divided into waids 
 
 if election not contested, to publish a 
 list of persons^ elected not later than 
 eleven o'clock in the morning in day 
 of election ...... 
 
 duties of. at a contested election 
 
 has a casting vote ..... 
 
 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 ...... 
 
 if more mayors than one then mayor of 
 that borough to which writ of election 
 is directed to be . 
 
 where mayor incapacitated or no mayor, 
 council to elect alderman to be . 
 
 REVISING BARBISTEB : 
 
 recorder of borough may be appointed. 
 
 REVISION (See also Assessors — Burgess 
 Lists — Burgess Roll — Councillor — 
 Mayor, &c, &c, &c.) : 
 procedure where borough is not parlia- 
 mentary ...... 
 
 36 
 
 89 
 89 
 89 
 
 91 
 
 93 
 
 93 
 
 97 
 101 
 
 28 
 173 
 192 
 
 53 
 53 
 
 3 
 4 
 5 
 
 3 
 
 10 
 
 11 
 
 1-0 
 
 57 
 58 
 
 21 1 
 
 214 
 
 214 
 
 163 
 
 a-b 
 
 2 
 
 3 
 
 44 
 
 49 
 
 87 
 88 
 88 
 
 89 
 
 91 
 
 92 
 
 96 
 99 
 
 42-3 
 150 
 160 
 
 G3 
 64 
 
 69 
 
 69-70 
 
 71 
 
 190 
 
 190 
 190 
 
 143 
 
 65
 
 288 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 RE VIS ION— continued. 
 
 procedure where borough is included 
 in a parliamentary borough. 
 
 EIGHTS OF PROPERTY : 
 
 of freemen, how far saved 
 
 RIGHTS OF TRADING : 
 
 exclusive, abolished .... 
 
 ROYAL PREROGATIVE : 
 
 saving 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 on parliamentary petitions 
 as far as may be, to be observed on 
 municipal petitions .... 
 
 as to existing ..... 
 
 index to ...... 
 
 General Rules ..... 
 
 Additional General Rules 
 
 Sec. 
 
 Subsec, 
 
 44 
 205 
 247 
 259 
 
 72 
 
 100 
 100 
 
 100 
 100 
 
 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 officers 
 dockyards, barracks, &c. . 
 
 as to Admiralty .... 
 
 for Lord Warden of Cinque Ports . 
 
 Universities of Oxford, Cambridge 
 
 and Durham 
 jurisdiction over cathedral precincts 
 
 as to royal prerogative . 
 repealed enactments 
 
 SCHEDULES : 
 
 meaning of term .... 
 to have effect as part of this Act 
 
 182 
 182 
 
 20 
 
 250 
 251 
 252 
 253 
 254 
 255 
 256 
 
 257 
 258 
 259 
 260 
 
 1-2 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 1-25 
 
 1-2 
 3 
 
 1-5 
 
 1-7 
 
 1-3 
 
 Page. 
 
 57-8 
 167 
 191 
 197 
 
 77 
 
 98 
 98 
 
 98 
 
 98 
 
 211 
 
 213 
 
 220-1 
 
 153-4 
 154 
 
 36 
 
 193-4 
 194 
 195 
 195 
 195 
 195 
 195 
 
 195-6 
 196 
 197 
 
 197-8 
 
 26 
 26
 
 GENERAL INDEX. 
 
 
 SCHEDULES— continued. 
 Fikst Repeals) : 
 enactments repealed generally 
 
 only as to boroughs 
 within this Act ..... 
 
 Second : 
 
 meetings and proceedings of council 
 Third (Elections : 
 
 preparation and revision of parish bur- 
 cess lists in boroughs not parliamen- 
 tary . . . " • 
 rules as to nomination in election of 
 councillors ...••• 
 modifications of the Ballot Act in its 
 
 application to municipal elections 
 enactments which are to revive on the 
 expiration of the Ballot Act 
 ForETH (Fees and Remuneration) : 
 
 to commissioner for division into wards 
 or alteration of wards 
 assistant recorder and officers of second 
 court of quarter sessions 
 coroner ...... 
 
 special constables .... 
 
 Fifth (Payments out of Borough Fund : 
 payments which may be made without 
 order ....... 
 
 not he made with- 
 out order ...... 
 
 Sixth : 
 
 counties to which certain boroughs are 
 to be considered adjoining for purposes 
 of criminal trials . 
 
 Seventh : 
 
 procedure for scheme on grant of new 
 charter ...... 
 
 Eighth (Forms) : 
 
 Forms of Declaration on accepting Cor- 
 porate office : 
 
 declaration on accepting office 
 by recorder or 
 justice 
 Forms relating to Elections : 
 specimen of burgess roll 
 notice of claim 
 
 objection . 
 
 list of claimants 
 
 pi ■ ..n- objected to 
 notice 1 of election . 
 nomination paper . 
 ballot paper . 
 Forms relating to Working Men's Dwell 
 ings: 
 
 -rant by corporation 
 
 transfer of grant . 
 by corporal ion 
 
 . 
 Fori relating to Borough Bi idges : 
 
 lie .... 
 
 Iran 
 
 Sud e ■• Para. 3c Part. Para. 
 
 borough 
 
 1 
 
 1 
 2 
 
 3 
 3 
 3 
 3 
 
 8 
 8 
 S 
 8 
 
 i 
 
 8 
 
 3 
 3 
 3 
 3 
 
 I 
 I 
 
 1-13 
 
 1-25 
 1-18 
 
 1-6 
 1-10 
 
 1 
 
 2 
 
 3 
 4 
 
 1-3 
 1-12 
 
 A 
 
 I. 
 M 
 
 N 
 
 <» 
 
 P 
 
 Q 
 
 22-3 
 23-4 
 
 37 8 
 
 57-8 
 
 G4-7 
 
 70 
 
 79-80 
 
 4 5 
 
 148 
 150 
 162 
 
 {■ir, 
 126 
 
 158 
 175 
 
 201 
 201 
 
 c 
 
 201 
 
 1) 
 
 
 E 
 
 202 
 
 V 
 
 202 
 
 G 
 
 • 
 
 11 
 
 203 
 
 I 
 
 204 
 
 K 
 
 204 
 
 205 
 206 
 
 Mi
 
 290 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 SCHEDULES— continued. 
 
 Ninth (Enactments in which reference to 
 Act is to be substituted) : 
 general references ..... 
 particular references 
 
 SCHEME : 
 
 of new or altered wards .... 
 on grant of charter committee of Privy 
 Council to settle, for continuance or 
 abolition of and adjustment of rights 
 of existing local authorities 
 
 before being settled to be referred to 
 Secretary of State and Local Govern- 
 ment Board or Board of Trade . 
 
 to provide for placing new boiough 
 within jurisdiction of council as sani- 
 tary authority ..... 
 
 if promotion or opposition proper, local 
 authority may pay cost of . 
 
 provision in, as to police force in new 
 boroughs ...... 
 
 Sec. 
 
 SCHOOLS : 
 
 instruction in endowed, 
 qualify for burgess roll 
 
 not to dis- 
 
 SCRUTINY : 
 
 votes of persons found guilty of corrupt 
 practices to be struck off on 
 
 SEAL, CORPORATE (See also Common 
 
 Seal — Seals, &c.) : 
 
 meaning of term ..... 
 
 bye-laws to be authenticated by 
 
 warrant for levying a borough rate to 
 
 be sealed with ..... 
 
 SEALS : 
 
 punishment for forgery of, under this 
 
 ACt .»•*••• 
 
 SECRETARY OF STATE : (See 
 Abstracts — Returns, &c.) : 
 meaning of term . 
 
 also 
 
 SECURITY (See also Costs) : 
 
 to be taken by council from town clerk, 
 treasurer, &c, for due performance of 
 duties . . . . • 
 
 for costs in presenting an election petition 
 
 SERVITUDE ; 
 
 as to freedom by • I 
 
 claims for admission by, to be examined 
 with reference to old charter 
 
 SESSIONS (See also Borough Justices- 
 Quarter Sessions, &c). 
 
 30 
 
 213 
 
 214 
 
 214 
 214 
 215 
 
 33 
 
 85 
 
 7 
 24 
 
 148 
 
 235 
 
 20 
 89 
 
 201 
 204 
 
 204 
 
 Subsec. 
 
 1-15 
 
 1-7 
 
 2 
 4 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 208 
 210 
 
 44-5 
 
 173-4 
 
 174 
 
 174 
 175 
 175 
 
 48 
 
 85 
 
 25 
 41 
 
 133 
 
 188 
 
 26 
 
 35 
 
 87 
 
 166 
 167 
 
 167
 
 GEXERAL IXDEX. 
 
 291 
 
 SHERIFF: (If one) : 
 
 alderman to be elected immediately after 
 
 appointment of, in boroughs being coun- 
 ties, and in city of Oxford . 
 
 to be made at quarterly 
 meeting of council immediately after 
 election of mayor .... 
 
 to hold office until appointment of suc- 
 cessor ....... 
 
 to have same ditties and powers as if Act 
 had not been passed .... 
 
 may not act as justice during shrievalty . 
 
 office of, not one of profit 
 
 Sec. 
 
 SHOP : 
 
 interpretation of term .... 
 
 SHORTHAND WRITES : 
 
 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 certificate of elec- 
 tion court, and his expenses to be 
 allowed according to a prescribed 
 scale 
 
 SIGNATURES . 
 
 punishment for forgery of, under this Act 
 
 SINKING FUND : 
 
 as to payment by, on purchase of property 
 by council ...... 
 
 SPECIAL CASE : (See also Election- 
 Petition, <fcc.) : 
 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 : 
 as to 
 
 SPECIAL TRUSTS : 
 
 as to ...... 
 
 STAMP DUTY : 
 
 not payable on enrolment of burgess . 
 
 60 
 
 170 
 
 170 
 
 170 
 
 170 
 
 31 
 
 Subsec. 
 
 2 
 1 
 
 2 
 3 
 4 
 
 99 
 
 235 
 
 113 
 
 93 
 
 196 
 
 196 
 
 196 
 196 
 
 196 
 196 
 
 123 
 131 
 
 Para. 
 
 Sched. 
 
 
 Part. Para. 
 
 Page. 
 
 72 
 149 
 
 149 
 
 149 
 
 149 
 149 
 149 
 
 46 
 
 97-8 
 188 
 
 106 
 
 91 
 
 161 
 161 
 
 162 
 162 
 
 162 
 162 
 
 113 
 
 121 
 
 60
 
 292 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 Sec. 
 
 Sub sec 
 
 Para. 
 
 Sched. 
 
 1 Part. 
 
 Para. 
 
 Page. 
 
 STAMP DUTY— continued. 
 
 
 
 
 i 
 
 
 
 as to composition for on consolidated 
 
 
 
 
 
 
 
 stocks . . . see footnote 
 
 
 
 • • 
 
 " 
 
 
 • • 
 
 109 
 
 STIPENDIARY MAGISTRATE : 
 
 
 
 
 
 
 
 
 council of borough may present petition 
 
 
 
 
 
 
 
 
 for appointment of (to Secretary of 
 
 
 
 
 
 
 
 
 State), who must be a barrister of five 
 
 
 
 
 
 
 
 
 years' standing- ..... 
 
 161 
 
 1 
 
 
 
 
 
 141 
 
 to bold office during Her Majesty's plea- 
 
 
 
 
 
 
 
 
 sure ....... 
 
 161 
 
 2 
 
 
 
 
 
 141 
 
 to be justice of borough by virtue of his 
 
 
 
 
 
 
 
 
 office ....... 
 
 161 
 
 3 
 
 
 
 
 
 141 
 
 as to salary ...... 
 
 161 
 
 4 
 
 
 
 
 
 141 
 
 how salary to be paid .... 
 
 161 
 
 5 
 
 
 
 
 
 141 
 
 list of boroughs in which a, has been 
 
 
 
 
 
 
 
 
 appointed . . . . see 
 
 
 
 
 
 
 
 141 
 
 on vacancy, no new appointment to be 
 
 
 
 
 
 
 
 
 mide without council again petition as 
 
 
 
 
 
 
 
 
 in first instance ..... 
 
 161 
 
 6 
 
 
 
 
 
 142 
 
 more than one, may be appointed for 
 
 
 
 
 
 
 
 
 borough ...... 
 
 161 
 
 7 
 
 
 
 
 
 142 
 
 SUCCESSION: 
 
 
 
 
 
 
 
 
 as to qualification by, &c 
 
 33 
 
 1-2 
 
 
 
 
 
 47 
 
 SUMMARY CONVICTION : 
 
 
 
 
 
 
 
 
 as to, of agent or canvasser acting for 
 
 
 
 
 
 
 
 
 reward if a burgess .... 
 
 82 
 
 1-2 
 
 
 
 
 
 84 
 
 as to same for voting .... 
 
 82 
 
 3 
 
 
 
 
 
 84 
 
 SUMMARY PROCEEDINGS : 
 
 
 
 
 
 
 
 
 prosecution of offences and recovery of 
 
 
 
 
 
 
 
 
 fines on, to be laid within six months . 
 
 219 
 
 1-3 
 
 • • 
 
 . . 
 
 . . 
 
 , . 
 
 178 
 
 no conviction, order, or warrant to be 
 
 
 
 
 
 
 
 
 quashed for want of form or removed 
 
 
 
 
 
 
 
 
 by certiorari unless an order of the 
 
 
 
 
 
 
 
 
 council for payment of money out of 
 
 
 
 
 
 
 
 
 borough fund ..... 
 
 220 
 
 
 
 
 
 
 178 
 
 SUMMONS OR WARRANT : 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 179 
 
 SUMMONS TO ATTEXD COUNCIL : 
 
 
 
 
 
 
 
 
 must state business to be transacted, but 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 • • 
 
 8 
 
 37 
 
 SUNDAY : 
 
 
 
 
 
 
 
 
 to be excluded in computation of time . 
 
 2S0 
 
 1-3 
 
 
 
 
 
 185-6 
 
 THIRD SCHEDULE : 
 
 
 
 
 
 
 
 
 nomination of candidates for councillors 
 
 
 
 
 
 
 
 
 to be in accordance with Part 2 of 
 
 55 
 
 
 
 
 
 
 64 
 
 TIME : 
 
 
 
 
 
 
 
 
 Sunday, Christmas Day, Good Friday, 
 
 
 
 
 
 
 
 
 Easter Monday, and Easter Tuesday, 
 
 
 
 
 
 
 
 
 or a day set apart for a public fast or 
 
 
 
 
 
 
 
 
 thanksgiving to be excluded in compu- 
 
 
 
 
 
 
 
 tation of ..... 
 
 230 
 
 1-3 
 
 

 
 til XEliAL IXDEX. 
 
 293 
 
 Sec. ISubsec. I 
 
 TIMETABLE: 
 
 of dates approximate and certain on 
 which various municipal duties are to 
 be performed ..... 
 
 belied. 
 
 TOLLS AND DEES : 
 
 saving of rights of creditors in respect of 
 
 TO"\YX CLERK: {See Corporate O-Ecers, 
 to.) : 
 
 to be bed by council . . . . 
 bold office during pleasure of council . 
 have charge of all borough documents 
 
 in what time a vacancy is to he filled up. 
 
 required to give security 
 
 remuneration of 
 
 to deliver a true account in writing of 
 all matters when required . 
 
 t< i make return to Local Government BoarJ 
 of red ipts and expenditure of munici- 
 pal corporation for each financial 
 year ..... • • 
 (late of accounttobe 25th March or as 
 the Local Government Board shall pre- 
 scribe on application of the council 
 the return to be in form, &c, as Local 
 Government Board direct . 
 •when return to be sent to the board 
 fine on town clerk for failing to make 
 return and how recoverable 
 
 if none, or incapable of acting, all acts 
 may be clone 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 within fifteen 
 but beyond seven miles of the boi< > 
 in a separate list at the end of the 
 burgess roll . • _ • 
 
 give nine days' notice of election of 
 councillors ...... 
 
 n ceive voting papers for aldermen 
 from chau man, and to keep same 
 
 notic t'> be given toof casual vacancy in 
 offii • of < buncillor, auditor, orassi oi 
 
 notice of meeting for the election to 
 casual vacancy of the office of mayor 
 to be Bigned by town clerk . 
 
 fine upon, for neglecting, &c, to roceive, 
 print, &c, list of claimants or respon- 
 d< 1,1-. or i' Easing to allow lists to be 
 
 inspected ...... 
 
 130 
 
 17 
 17 
 17 
 17 
 20 
 20 
 
 21 
 
 28 
 
 28 
 
 28 
 28 
 
 28 
 
 43 
 45 
 
 48 
 48 
 
 49 
 51 
 GO 
 66 
 
 66 
 
 75 
 
 Part. Para. Page. 
 
 b-t 
 
 OOO 
 
 117 
 
 34 
 34 
 
 :;:, 
 35 
 35 
 36 
 
 36 
 
 42 
 
 42 
 
 43 
 43 
 
 43 
 
 54 
 58 
 
 61 
 61 
 
 62 
 64 
 
 7 I 
 75 
 
 75
 
 294 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 
 
 Sec. 
 
 SubsecJ 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Page. 
 
 
 TOWN CLERK— continued. 
 
 
 
 
 
 
 
 
 
 copy of municipal election petition to be 
 
 
 
 
 
 
 
 
 
 sent to ..... 
 
 88 
 
 3 
 
 
 
 
 
 86 
 
 
 to publish same ..... 
 
 88 
 
 3 
 
 . . 
 
 . . 
 
 . . 
 
 • • 
 
 86 
 
 
 to provide proper accommodation for 
 
 
 
 
 
 
 • 
 
 
 
 election court, and expenses incurred 
 
 
 
 
 
 
 
 
 
 by him to be paid out of the borough 
 
 
 
 
 
 
 
 
 
 fund or rate ..... 
 
 99 
 
 1 
 
 
 
 
 
 97 
 
 
 when petitioner or respondent may be 
 
 
 
 
 
 
 
 
 
 ordered to pay expenses of the court 
 
 
 
 
 
 
 
 
 
 upon trial of a petition to . 
 
 101 
 
 2 
 
 a-b 
 
 
 
 
 99 
 
 
 to cause tables of fees of clerk of peace, 
 
 
 
 
 
 
 
 
 
 clerk to justices, and registrar and offi- 
 
 
 
 
 
 
 
 
 
 cers of borough civil court to be posted 
 
 234 
 
 
 a-d 
 
 
 
 
 187-8 
 
 
 to sign notices of meetings of council 
 
 
 
 
 2 
 
 
 6 
 
 37 
 
 
 parish burgess lists to be delivered to, by 
 
 
 
 
 
 
 
 
 
 the overseers ..... 
 
 
 
 
 3 
 
 1 
 
 1 
 
 57 
 
 
 to cause a printed copy to be affixed to 
 
 
 
 
 
 
 
 
 
 town hall ...... 
 
 
 
 
 3 
 
 1 
 
 3 
 
 57 
 
 
 to make lists of claimants and persons 
 
 
 
 
 
 
 
 
 
 objected to, and fix copies on town hall 
 
 
 
 
 3 
 
 1 
 
 7 
 
 57 
 
 
 to keep a printed copy for inspection 
 
 
 
 
 3 
 
 1 
 
 8 
 
 57 
 
 
 at revision court to produce lists 
 
 
 
 
 3 
 
 1 
 
 12 
 
 58 
 
 
 may be examined on oath 
 
 
 
 
 3 
 
 1 
 
 22 
 
 58 
 
 
 to provide nomination papers, and fill up 
 
 
 
 
 
 
 
 
 
 at the request of any burgess 
 
 
 
 
 3 
 
 2 
 
 6 
 
 65 
 
 
 nomination paper to be delivered to. 
 
 
 
 
 3 
 
 2 
 
 7 
 
 65 
 
 
 to send notice to each candidate of nomi- 
 
 
 
 
 
 
 
 
 
 nation. ...... 
 
 
 
 
 3 
 
 2 
 
 8 
 
 66 
 
 
 to give public notice of the nominations 
 
 
 
 
 3 
 
 1 
 
 15 
 
 67 
 
 
 notice to, of withdrawal of candidate 
 
 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 1 
 
 17 
 
 67 
 
 
 TOWN COUNCIL (&e Council). 
 
 
 
 
 
 
 
 
 
 TOWN HALL (See Notice— Parish Burgess 
 
 
 
 
 
 
 
 
 
 Lists — Town Clerk, &c.) : 
 
 
 
 
 
 
 
 
 
 council may purchase land to build, and 
 
 
 
 
 
 
 
 
 
 borrow money for the purpose with 
 
 
 
 
 
 
 
 
 
 assent of the Treasury 
 
 106 
 
 
 
 
 
 
 101 
 
 
 TRADING : 
 
 
 
 
 
 
 
 
 
 exclusive rights of abolished . 
 
 247 
 
 
 
 
 
 
 191 
 
 
 TRANSFER OF SECURITIES : 
 
 
 
 
 
 
 
 
 
 to corporation by order of the Treasury . 
 
 125 
 
 1-4 
 
 
 
 
 
 115-6 
 
 
 TREASURER : (See Corporate Officers, &c.) : 
 
 
 
 
 
 
 
 
 
 council to appoint a 
 
 18 
 
 1 
 
 
 
 
 
 35 
 
 
 tenure of office of . 
 
 18 
 
 2 
 
 
 
 
 
 35 
 
 
 in what time vacancy in cffice of, is to 
 
 
 
 
 
 
 
 
 
 be filled up ..... 
 
 18 
 
 3 
 
 
 
 
 
 35 
 
 
 to deliver true accounts . 
 
 21 
 
 1 
 
 
 
 
 
 36 
 
 
 to make up accounts half-yearly and 
 
 
 
 
 
 
 
 
 
 submit them to auditors 
 after audit of second half-year to print a 
 
 full abstract for the year . 
 all payments to and out of borough fund 
 
 to be made to .... 
 
 26 
 
 27 
 
 142 
 
 2 
 
 1 
 
 
 
 
 
 42 
 
 42 
 
 127
 
 GENERAL INDEX. 
 
 295 
 
 TREASURER— continued. 
 
 all payments made to, to go to the 
 borough, fund 
 
 TREASURY : (S e Charter— Election Peti- 
 tion — and other heads) : 
 
 meaning of term ... 
 
 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. 
 
 may consent to council borrowing money 
 to build town hall, council-house, or 
 police office . 
 
 may consent to town council acquiring 
 land ...... 
 
 must approve of alienation of corporate 
 property ... ■ 
 
 may consent to disposal of corporate 
 property ...... 
 
 may impose conditions upon the borrow- 
 ing of money by council 
 
 may impose conditions as to the invest- 
 ment of money on sale or exchange of 
 corporate property .... 
 
 may approve of application of such 
 moneys ....•• 
 
 applications to, for approval of any sale, 
 loan or other financial arrangements 
 under Act ....•• 
 
 correspondence with, to be open to 
 public inspection .... 
 
 TREATING (See also Municipal Election- 
 Petition, &c.) : 
 interpretation of term . . • 
 when general, where avoids an election . 
 
 TRUSTEES: 
 
 interpretation of term .... 
 
 UNDUE INFLUENCE {See also Municipal 
 Election— Petition, &c.) : 
 interpretation of term .... 
 costs upon an indictment for . 
 
 UNIVERSITIES: 
 
 of Ox turd, Cambridge and Durham, 
 nothing in Act to affect rights and 
 privileges of 
 
 VACANCY, CASUAL (See Casual Vacancy). 
 
 VALIDITY : 
 
 of acts of persons de facto in office . 
 
 Sec. 
 
 mi!. sec. 
 
 142 
 
 101 
 
 105-6 
 
 107 
 
 10S 
 
 109 
 
 112 
 
 115 
 115 
 
 236 
 2S6 
 
 77 
 81 
 
 77 
 84 
 
 257 
 
 42 
 
 VESTRY CLERKS: 
 
 niu-t attend revi ion court 
 
 Para. Sched. Part 
 
 Para, Paga. 
 
 1-2 
 
 1 
 
 1-2 
 
 3 
 
 1 
 2 
 
 1-7 
 
 L27 
 
 26 
 
 99 
 
 101 
 102 
 103 
 104 
 106 
 
 108 
 
 103 
 
 188 
 188 
 
 81 
 
 84 
 
 26 
 
 81 
 85 
 
 195-6 
 
 20 
 
 53 
 
 53
 
 296 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 VOTE: 
 
 as to casting vote of returning officer 
 whpre 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 strack off 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 tbe poll, 
 guilty of an offence against 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 be 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 town clerk 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 : 
 
 coiincil 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 burgess 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 be fails, 
 
 WAREHOUSE : 
 
 how qualification 
 obtained 
 
 by occupation of is 
 
 WARRANT : 
 
 for the lt-vying of a borough rate to be 
 issued and signed by the mayor. 
 
 Sec. 
 
 Subscc. 
 
 Para. 
 
 Sclied. 
 
 Part. 
 
 Para. 
 
 ,58 
 
 5 
 
 
 
 
 
 59 
 
 2 
 
 
 
 
 
 85 
 
 
 
 
 
 * • 
 
 77 
 
 
 
 
 
 
 83 
 
 
 
 
 
 
 8.5 
 
 
 
 
 
 
 104 
 
 
 
 
 
 
 51 
 
 
 
 
 
 
 CO 
 
 5 
 
 
 
 
 
 45 
 
 46 
 
 40 
 
 6 
 1 
 
 2 
 
 
 
 
 
 30 
 
 1 
 
 
 
 
 
 45 
 
 5 
 
 
 
 
 
 50 
 G4 
 
 2 
 
 
 
 
 
 68 
 
 
 
 
 
 
 31 
 
 
 a 
 
 • • 
 
 
 
 1 is 
 
 1 
 
 
 
 

 
 GEXERAL TXDEX. 
 
 297 
 
 WATCH COMMITTEE: 
 
 council to appoint, and not to be more 
 than one third of council 
 
 may act by majority present, but not 
 unless three are so present . 
 
 to appoint borough constables. 
 
 to frame regulations for efficiency of 
 borough constables .... 
 
 may suspend or dismiss borough con- 
 stables ...... 
 
 to make quarterly returns as to con- 
 stables 
 
 WATCH EATE : 
 
 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. 
 
 to be made on an estimate of net annual 
 value of the several hereditaments 
 rated thereto ..... 
 
 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. in the pound on net annual value 
 of the hereditaments rated thereto 
 
 council and all persons concerned shall 
 have al! powers given them in respect 
 of borough rate for ordering, making, 
 assessing &c. the same 
 
 nothing in section to affect liability of 
 borough fund to make good any defi- 
 ciency of the, towards the expenses of 
 the police ...... 
 
 no hereditaments to be liable to, if 
 exempted by any local Act from pay- 
 ment of ..... 
 
 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. ....... 
 
 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 
 
 no su h separate rate to bo domandod 
 until allowed by two justices, and pub- 
 lished, as in case of poor's rate . 
 persons aggrieved by separate rate may 
 appeal to quarter sessions . 
 
 Sec. 
 
 Subsec. 
 
 1 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para. ' 
 
 190 
 
 1 
 
 
 • • 
 
 • • 
 
 • • 
 
 190 
 191 
 
 2 
 1 
 
 
 
 
 
 191 
 
 3 
 
 
 
 
 
 191 
 
 4 
 
 
 
 
 
 192 
 
 
 
 
 
 
 197 
 
 1 
 
 • * 
 
 * ■• 
 
 • • 
 
 • • 
 
 197 
 
 2 
 
 • '• 
 
 • • 
 
 • • 
 
 • • 
 
 197 
 
 3 
 
 
 
 
 
 197 
 
 4 
 
 
 
 
 
 197 
 
 7 
 
 
 
 
 
 197 
 
 8 
 
 
 
 
 
 197 
 
 9 
 
 
 
 
 
 198 
 
 1 
 
 
 
 
 
 198 
 
 2 
 
 
 
 
 
 198 
 
 3 
 
 
 
 
 
 Page. 
 
 159 
 
 159 
 159 
 
 160 
 
 160 
 
 160 
 
 162 
 162 
 
 162 
 
 163 
 
 163 
 
 163 
 
 163 
 
 163 
 
 164 
 164 
 
 20
 
 298 
 
 THE ENGLISH MUNICIPAL CODE. 
 
 WATCH RATE— continued. 
 
 separate rate may be of rate in the pound 
 necessary for raising sum charged by 
 council, hut not exceeding 2d. in the 
 pound beyond the rate in the pound at 
 which council have computed the, 
 charged by them. .... 
 
 overseers to account for money collected 
 under spparate rate as for money col- 
 lected under a poor rate 
 
 council may excuse person from pay- 
 ment of ..... . 
 
 overseers may levy by distress and sale 
 on defaulters of payment of . 
 
 warrant for levy of, may be 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 appear after being ordered 
 
 court may examine, though he be not 
 called by either 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 proceed- 
 ings in an action or on an indict 
 ment against .... 
 
 the giving or refusing such certificate to 
 to be final ..... 
 
 a statement made by, in answer to ques 
 tions of election court, not be admissible 
 in evidence, except in cases of perjury 
 
 expenses of, may be allowed . 
 
 WOMEN : 
 
 may vote at municipal elections if other- 
 wise qualified ..... 
 but not married women. (See comment) . 
 
 WORKING MENS DWELLINGS : 
 council may grant leases of land for 
 may make roads, drains, &c, for convert- 
 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. Subsec, 
 
 198 
 
 198 
 198 
 198 
 
 199 
 200 
 
 205 
 
 94 
 
 94 
 94 
 
 94 
 94 
 
 63 
 
 111 
 
 111 
 
 2 
 
 111 
 
 3 
 
 111 
 
 4 
 
 111 
 
 5 
 
 84 
 
 1 
 
 94 
 
 1 
 
 94 
 
 2 
 
 94 
 
 3 
 
 94 
 
 4 
 
 Para. 
 
 Sched. 
 
 Part. 
 
 Para.
 
 GENERAL INDEX. 
 
 \ii 
 
 
 Sec, 
 
 Sub sec. 
 
 Para. ' 
 
 Sched. 
 
 Part. 
 
 Para. 
 
 Pass. 
 
 WOEKING MEN'S DWELLTNGS-hwiW. 
 
 udng of term " working men's 
 
 dwellings " ..... 
 
 lease by corporation . 
 assignment of lease 
 
 WORSHIP. PLACE OF : 
 
 municipal election not to be beld in any . 
 
 WHITING 
 
 interpretation of term and what it 
 includes ...... 
 
 111 
 
 • • 
 
 69 
 7 
 
 6 
 
 1 
 
 • ■ 
 
 • • 
 
 8 
 8 
 8 
 8 
 
 • • 
 
 3 
 3 
 3 
 3 
 
 • • 
 L 
 M 
 N 
 
 
 105 
 206 
 
 - 
 20(5 
 
 7 'J 
 2 'J
 
 IEVIVERSITY 
 
 LOS AJ
 
 ' FACILITY 
 
 AA 000 682 647 3 
 
 THE IMPEOVED 
 DESK -PAD. 
 
 The above wood cut shows the well known " Improved sloping 
 Desk and Blotting Pad," with the additional advantage of 
 spaces for Ink Glasses, Pens, &c. The inside constitutes a 
 Desk, while the lid is mounted with sheets of Blotting Paper, 
 with leather pockets at corners, " and thus forms a perpetual 
 writing Pad, and is an Improvement on the old pattern. 
 
 PRICES:- 
 
 With divisions as sketch. , 
 
 Demy 4 to „ size of Pad 11| x 9 3/6 Each. • 
 Demy Folio 17j x llj 5/- „ 
 
 Screw Top Inks 1/- each extra. 
 
 Desks only without divisions, 4 to ... 2/- Each. 
 
 Folio 3/- 
 
 »> 
 
 j> 
 
 Any of above fitted with Lock and Key and strong Lid at an 
 
 extra charge of 1/6 
 
 SUPPLIED BY 
 
 WATERLOW BRO s & LAYTON, 
 
 24 & 25, BIBCHIN LANE, LONDON, E.C.
 
 
 
 
 
 %k.