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 ENGLISH ^-f-^ 
 
 MUNICIPAL INSTITUTIONS ; 
 
 THEIR GKOAVTK AND DEVELOPMENT 
 
 PKOM 
 
 1835 TO 1879, 
 
 STATISTICALLY ILLUSTRATED. 
 
 BY 
 
 J. R. SOMEES VINE, E.S.S., 
 
 Compiler and Editor of the " County Companion and Annual Statistical Chronicle," 
 
 the " ^imicipal Corporations' Companion and Year Book of 
 
 Statisticg," 4'<^-i &<'• 
 
 " 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 improvements, 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." — Lord John Russell, in moving the adoption of the 
 Municipal Seform Bill of 1835. 
 
 LOiV^BON: 
 
 WATEELOW »fc SONS LIMITED, LONDON WALL, 
 
 Great Wixchester Street, and Fiksbury, E.G. ; and 
 
 Parliament Street, S.W. 
 
 18 79.
 
 J5 
 
 
 SA 
 
 est 
 
 3= 
 
 J2. 
 
 '10 THE 
 
 EIGHT llON. EICHAED ASSHETON CEOSS, M.P., 
 
 HER MAJESTY S 
 
 >• 
 a: 
 
 •< 
 
 ^ SECRETARY OF STATE FOR THE HOME DEPARTMENT, 
 
 THESE PAGES 
 
 at ARE, BY PERMISSION, RESPECTFULLY INSCRIBED 
 
 »— 
 
 BY 
 
 Cj HIS OBLIGED SERVANT, 
 
 THE COMPILER. 
 
 M t^ ^ .4 *^A
 
 INTRODUCTION. 
 
 THE increasing manifestation of public interest in all that 
 appertains to the extension of Municipal government in 
 this country has induced me to compile the following pages for 
 publication. I sincerely trust, without claiming a pretentious 
 character for the book, that its contents will be deemed useful 
 and instructive; in providing appropriate materials for comparison 
 with the details of the shortly-expected report of the Royal 
 Commission on Unreformed Corporations it may, very possibly, 
 prove to be of some value, 
 
 I have endeavoured, with Vv'hat success I must leave others to 
 determine, to so arrange the tabular matter that the contrast between 
 the past and present condition of English municipal life may be 
 clearly apparent. This object has not been previously attempted in 
 a simihir form. 
 
 Parts I. and II. arc, mainly, a reprint from an established 
 year book'^ (edited by myself), and are inserted here in 
 deference to the opinion of competent authorities upon Municipal 
 matters who have represented that the work will probably find 
 its way into the hands of many persons to whom the remarks 
 upon the nature, constitution, and history of the English 
 Municipalities may be of practical advantage. 
 
 The abstracts of the Acts of Parliament have not been prepared 
 with the view of their serving for professional guidance, but I think 
 1 mav sal'elv say that not a single statute of imiwrtance has escaped 
 
 * " The Mvinicipal Corporations' Compauion. Diary. Directory, and Yeai- Book 
 of statistics." Watirloiv ami Simx LiMitrd.
 
 VI INTRODUCTION. 
 
 reference. The fact that there are more than one hundred 
 separate enactments in force, directly or indirectly affecting corporate 
 government under the 5th and 6th William IV., c. 76, is of itself 
 strong evidence of the necessity for the proposed consolidation of 
 municipal laws. 
 
 No trouble has been spared to ensure general accuracy. Many 
 of the pages, and particularly those which treat of the Parlia- 
 mentary Franchise, have been revised, in print, by my friend, 
 Mr. T. Nicolls Roberts (compiler of the " Parliamentary Buff 
 Book"). I desire to warmly acknowledge his kind assistance. 
 
 The figures, dates, and historical information have been 
 obtained from ofiicial records or by direct application to the 
 Mayors, Town Clerks, and other chief officials of the various 
 cities and boroughs. My hearty thanks are tendered to these 
 gentlemen for their ready and necessary aid. 
 
 J. R. S. V. 
 
 27, Great Winchester Street, 
 
 London Wall, London, E.C, 
 July 1, 1S79.
 
 CONTENTS 
 
 PAGE 
 
 VUl 
 
 2 
 4 
 
 Intkoduction 
 
 coerigenda 
 
 Part I.— The Nature and Constitution of the English Municipal 
 Corporations ....■•••• 
 Part II.— A Short Historical Sketch of the English Municipalities 
 
 Part III.— The Acts of Parliament relating to the English Municipal 
 Corporations, from 1835 to 1878 inclusive, with an outline 
 of their general purport 10 
 
 Part IV.— The Growth and Development of the English Municipalities, 
 subject to 5 and 6 Will. IV., c. 76, between 1835 and 1879, 
 statistically illustrated under the following heads : — 
 
 (1.) Area 
 
 (2.) Population and Inliabited Houses 
 
 (3.) The Municipal Francliise . 
 
 (4.) The Parliamentaiy Francliise 
 
 (5.) The Governing Body 
 
 (6.) The Municipal Judges and Mjigistracy 
 
 (7.) The CivU and Criminal Jurisdictions 
 
 (8.) Police and Criminal Statistics . 
 
 (9.) The Corporate Revenue, Expenditure 
 Rateable Value, (fee. 
 
 (10.) The Public Health and Educational Jurisdictions 
 Part V. — The Unreformed Corporations . 
 Pari VI. — Populous Districts not under Municipal Government 
 
 Appendix 
 
 Index
 
 CORRIGENDA. 
 
 At page 14, (in List of Acts) Public Libraries, &c., for lSa7id 19 Vict. " c. 20,"' 
 read c. 70. 
 
 At page 96 (first line of the last paragraph) for " 6 and 7 Victoria,'' read 5 and 
 6 Victoria. 
 
 At page 113 (last line of first paragraph) for "Mayors-elect," read Mayor- 
 elect. 
 
 At page 127 (fifth line of first paragraph) for "is administered,'' read was 
 administered. 
 
 At page 129 (second List in foot-note) for 2 Vict. " c. 13,"' i-ead c. 15.
 
 THE 
 
 ENGLISH MUNICIPALITIES. 
 
 -^ 
 
 IT may be safely asserted that no form of local administration or 
 government attains to so high a position in popular esteem, or 
 commands such a large measure of visible respect, as does a corporate 
 existence under the municipal laws now in force in England and 
 AVales. It is the system above all others which works freely and 
 without friction between the State and the individual. On the 
 one hand, it interposes firm barriers to a centralising interference 
 in matters of detail Avhich could never evoke genuine confidence ; 
 and, on the other hand, it promotes a fervent interest and healthy 
 emulation in essential obligations closely allied with the family circle. 
 Most true it is that " our Municipalities produce qualities which 
 are the best safeguards of England's greatness/' * and it might 
 be added, none the less justly, that their appreciated intervention 
 between the national directorate and domestic duties plays no 
 secondary part in stimulating that proverbial love of regulated 
 independence which characterises the faithful type of an English 
 citizen. 
 
 The paramount purpose of the present compilation is to describe 
 in the language of statistics the practical advance which the 
 municipal institutions of England and Wales have made from the 
 date of their re-establishment upon an intelligible and approved 
 basis in 1835, and to afford easily comprehended means of 
 comparison between two phases of municipal life separated by an 
 interval of nearly fifty years. 
 
 * Right llou. W. E. Gladstone. 
 
 B
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 PART T. 
 
 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 the members 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 conveyances, as the rights of members pass from 
 one individual to another. All the individuals composing a 
 corporation, and their successors, are considered in law but as 
 one person, capable under an artificial form of taking and con- 
 veying 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 indefinite 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 
 convenient 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 under 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 Ptoman 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. 
 Corporations aggregate consist of many persons united together 
 into one society, and are kept up by a perpetual succession of
 
 THEIR GROWTH AM) DEVELOPMENT tJ 
 
 members, so as to continue for ever. Corporations solo consist of 
 one person only and his successors, and are incorporated by law 
 in order to give them some legal capacities and advantages, 
 particularly that of perpetuity, which in their natural person they 
 could not have had. Another division of corporations, either sole 
 or aggregate, is into ecclesiastical 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 uni- 
 versal agreement of the whole communitv- Another method of 
 implication, whereby the consent of the crown is presimied, is as to 
 all corporations by presoupfion, such as the city of London, and 
 many others which have existed as corporations, time whereof the 
 memory of man runneth not 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. 
 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 lauds, and hold them for the benefit of them- 
 
 selves and their successors. 
 
 b2
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 (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. 
 
 PART II. 
 
 The History of the English Municipalities. 
 
 Municipal Coepoiiations did not exist in England until 1439 ; but 
 although that is the date of the earliest known charter of incorpora- 
 tion, 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. 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 ^;or/-reeves. 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 freeholders of the county, and the other of 
 the freemen resident in the borough. At the time of the Norman 
 conquest the county sheriff was supplanted by the vice-comes, while 
 tlie borough or port-reeve gave place to the bailiff (or mayor), the 
 new officers being appointed by the king instead of by the free- 
 holders or resident freemen, as the case might be. With this 
 exception, 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 sj^stem of giviug 
 pledges for good behaviour which was so remarkable a characteristic
 
 THEIR GROWTH AND DEVELOPMENT. 5 
 
 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 arc frequently mentioned, and it is clear from the way 
 in which this is done that the local government of the towns was 
 separate from that of the counties, and tluit it was vested in the 
 burgesses presided over by a bailiff. At a 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 j^eriod the test of municipal 
 citizenship continued to bo the same as it was in Saxon times, and, 
 broadly speaking, was in fact verj 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 establisli that 
 burgussship did not depend upon tenure, because many burgesses are described 
 as belonging to other manors. If tenure was the basis of tlieir right, they would 
 have belonged iJtogether to the manors, and would not be described of the 
 boroughs, because they did not hold of them. But if i^sidence 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 would be entered under the nianors 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 imj^ossible not to infer 
 that they were householders. They paid the custom of yable for tlieir houses, 
 and other taxes. In the entiy as to Canterbury, 14 burgesses are mentioned 
 iustesid 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 houselmlders 
 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 retiu-ns which had 
 not burgesses. Those only who bore their share of the bvirthons of the jilace, or, 
 according to the laws of the Saxons and of William th-e Conqueror, y>(( it/ scut (oul 
 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 borougli being excluded. 
 It woidd have been inconsistent with the whole s^-stem of the law at that time 
 if non-residents could have been burgesses ; and tlierefore we find througlinut 
 this document that the burgesses were resident, and in that respect distinguished 
 from the membei's of the trading companies who might be non-resident." 
 
 A careful examination of Domesday Book shews clearly that at the 
 * Meiewether and Stephen's " History of Boroughs, &c.," 1833.
 
 6 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 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 
 municij)al institutions appear to have been made. Henry I. granted 
 charters to several boroughs, but they were not charters of incorpora- 
 tion. They were princixDally 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 
 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 thev mio-ht 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 oihcer was sometimes called by the old name of 
 port-reeve ; but he was more generally known as the mayor. At this 
 time the merchant guilds who afterwards assumed so large a share in 
 the government of many, perhaps of most municipal corporations, 
 had no connection with the constitution of the boroughs. Down to 
 the reign of Henry VI., the right of 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. 
 
 In the reign of Henry YI., however, a process commenced which 
 gradually transferred the power from the hands of the burgesses 
 generally to various exclusive bodies within the boroughs, and 
 ultimately produced 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 body was granted to 
 Kingston-upon-Hull. Incorporations did not, however, immediately 
 become general, for this charter is followed by others upon the roll 
 which are not of that kind. It is not, indeed, surprising that there 
 was some 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
 
 ( 
 
 THEIll GROWTH AND DEVELOPMENT. 7 
 
 people. To take a single instance of the spirit wliich was at work: 
 In 1407 it was found that the companies and liveries of London had 
 been making cncroacliraents upon the privileges of the householders 
 in the wardmotes to such an extent that it was necessary for Parlia- 
 ment to interfere for the protection of the people. And upon the 
 Parliament roll for the same year there is a petition praying for the 
 dissolution of the tailors' guild at Exeter, on the ground that they 
 set the authority of the mayor at defiance, and threatened to reduce 
 the town to a state of anarchy. But although the boroughs showed 
 but slight desire for incorporation, the courts of law were determined 
 to thrust it upon them. In 14G6 the Court of Common Pleas laid 
 the foundation of a doctrine from which important results subse- 
 quently flowed — that of the creation of corporations by inference 
 or implication — by holding that, " If the king gave land in fee- farm 
 to the good men of the town of Dale, the corporation was good. 
 And so likewise when it was given to the burgesses, citizens, and 
 commonalty, &c." The principle of this decision was afterwards 
 extended, and the charters of our early kings, which merely conferred 
 the right of local self-government upon boroughs, were then con- 
 strued as charters of incorporation, with very mischievous conse- 
 quences, as was thereafter seen. 
 
 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 
 enfranchisement 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 
 neighbourhood, 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,
 
 8 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 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 mischievoua 
 — 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 fur 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 manipu- 
 lation 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 Grlanville, 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 revolutionary times which followed ; and, after 
 the Restoration, during the reigns of Charles II. and James II., 
 the process of remodelling the corj^orations was resumed and 
 prosecuted with augmented vigour. In the words of the learned 
 writers already quoted (and who are entitled to the merit of being 
 the first to place the history of English municipal incorporations on 
 a sound basis) — 
 
 " The interference in the reigns of Elizabeth and James I. by charters of 
 the crown — the decisions of the courts, and the acquiescence of the people — 
 had merged aU the borough privileges and jui'isdictions 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 aftbrded ready means for that attack, and a 
 pretext for every species of usiiriiation. Extensive use was made of the 
 opportunity ; the old members and oflicers of the corporations were dis- 
 placed ; ministers of the crown, officers of state, and non-residents were 
 substituted ; and from the proceedings 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
 
 THEIK GROWTH AND DEVELOPMENT. 9 
 
 London ([iio warrayvto, the king sent his officers into .all parts of the kingdom 
 to terrify the corporations l)y tlio tlireats of similar legfil prwoedings to give 
 up their charters. The greater portion of them voluntarily surrendered them 
 through the agency of the sehci bfxlies, 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, whicli by general misconception and 
 practice had J)een assumed to be identified with the corporations, were by the 
 acts of the corporations and the surrender or seizure of the corporations sub- 
 mitted entirely to the mercy of the crown." 
 
 There is no doubt that his dealings with the corporations contri- 
 butei in no slight degree to the downfall of James II. But, 
 although Wiliiam 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 devolution of IG 88, 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 retux'u from the elections according to the rights which 
 had last been determined by the House of Commons, by which means the 
 varying and anomaloiis usages of the different boroughs and the contradictory 
 decisions of committees were sanctioned and confirmed. The House of Com- 
 mons also — by its resolution — supported the former decisions, however irrecon- 
 cilable with the charters or the principles of our institutions ; and in some 
 instances under the generid 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 upou the few early cases to wliich 
 we have referred, and the extra-jiKlicial opinions in the reigns of Elizabeth 
 and James ; and they feU into the same course which the House of Commons 
 and the legislature had taken, adopting the same rules, by which they avoided a 
 discrepancy whicli might have existed injurious to the char;u;ter of both, as 
 well as detriment;d to the people. The courts, therefore, upheld the same pi'in- 
 ciples, supported usage, maintained th« select bodies, sanctioned the non- 
 residents, confirmed numerous bye-laws not in accordance with the charters or 
 with each other, bvit giving a different constituticm to every different borough, 
 and a.s the greatest imd worst innovation of a|l, gave the stamp of jmlicial 
 authority to the doctrine of the arbitraiy admission of burgesses by tlie 
 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 maintaineiL 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 inhabitants witliout any other qualificatiim. 
 The court-leet was neglected, its proceedings disregarded or misapplied. Instead 
 of them, cmirts baron were brought into a prominent situation in the municipal
 
 10 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 government of boroughs, for wliicli they were never intended. Trade, and the 
 companies and liveries connected with it, particularly in London, were more 
 interwoven with the rights of burgesssliip 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 municii^al privileges and jurisdiction 
 at the feet of those of whatever party who hapi^en 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 
 IJarty 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 aflPairs 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 sup- 
 porting 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 restored to the inhabitants of the 
 boroughs those rights which their remote ancestors had enjoyed, but 
 of which they had been deprived by a long series of usurpations. 
 
 PART III. 
 
 The Acts of Parliament relating to the English "Municipal 
 Corporations, from 1835 to 1878 inclusive, with an 
 Outline or their General Purport. 
 
 The passing of the Parliamentary Pteform Bill of 1832 may be said 
 to have foreshadowed the necessary change in the municipal institu- 
 tions of the country which shortly followed. In many instances its 
 provisions aifected the very existence of the corporations whose 
 municipal privileges had been almost solely exercised for the 
 furtherance of political objects ; and there can be little doubt that
 
 TIIEIU GROWTH AND DEVELOPMENT. 11 
 
 the opinion which generally prevailed, as to municipal corporations 
 having provided the most convenient machinery for the wide-spread 
 corruption appertaining to the parliamentary franchise, was a just 
 one. In compliance with an address from the House of Commons, 
 a E-oyal Commission was issued, on the 18th day of July, 18o3, 
 directing a searching inquiry to be made "as to the existing state of 
 the Municipal Corporations in England and Wales, and to collect 
 information respecting the defects in their constitution." The Report 
 of the Commissioners, signed by sixteen out of the nineteen originally 
 appointed (one having died in the course of the inquiry', and two 
 failing to concur in all the statements submitted), was presented to 
 Parliament at the commencement of the Session of 1835. On the 
 9th of September, in the same year, the Royal Assent was given to 
 the Bill now so well known as the Act 5 and 6 William lY., cap. 76. 
 It did not apply, as is often supposed, to the whole of the corporations. 
 The total number of places where an inquiry was instituted was 
 285 ; but, of these, 39 possessed corporations with few municipal 
 functions worthy of the name. Of the 246 places believed to 
 be in the possession of, or exercising, municipal powers, 178 were 
 set out in the schedules defining the application of the Act ; the 
 remaining 68 (including the city of London) were not brought 
 within its scope — London because it was reserved for future legis- 
 lation, and the others because they were inconsiderable in extent 
 and population. These particular boroughs still continue to be 
 governed by their charters or prescriptive usages (except where 
 incorporation has taken place under the Act,* or the special privileges 
 comprised in their charters have been allowed to lapse), and each 
 may therefore be said to be a law in itself. The Act of 1835 swept 
 away at a stroke all previous charters, usages, and rights inconsistent 
 with itself, and placed the constitution and the powers of the muni- 
 cipal corporations named in its schedules upon a simple, uniform, and 
 popular basis. There had previously been great absence of uniformity 
 with reference to the naming of the corporations ; but the Act 
 provided " That after the first election of councillors under this 
 Act in any borough, the body or reputed body corporate named 
 in the said schedule in connection with such borough shall take and 
 bear the names of the mayor, aldermen, and burgesses of such 
 borough, and by that name shall have perpetual succession, and 
 shall be capable by the council hereinafter mentioned [the town 
 
 * Five of these boroughs— Aberavoo, Conway, Hartlepool, Hedon, and Yeovil— 
 have been placed under the Act since 1835.
 
 12 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 council] to do and suflPer all acts which now lawfully they and their 
 successors respectively may do and suffer by any name or title of 
 incorporation ; and the mayor of each of the said boroughs shall be 
 capable in law to do and suffer all acts which the chief officer of 
 such borough may now lawfully do and suffer so far as the same 
 respectively are not altered or annulled by the provisions of this Act." 
 The courts of law have fully settled that, although the name of the 
 corporation be changed, as in many cases it is by the operation of 
 this section, yet that the effect of the statute is not to create a 
 new corporation in any case, but merely to continue the old 
 co'-poration, so that all the rights, claims, franchises, privileges, 
 prescriptions, and customs, as well as all the debts, liabilities, and 
 duties of the corporation as it stood on the day the statute passed, 
 remain and inhere in the remodelled corporation so far as they are 
 not contrary to or inconsistent with the provisions of the Act. A 
 careful consideration of the 6th, 137th, and 142nd sections of the 
 Act seems, however, to render it perfectly clear that the substitution 
 of the word " citizens " for " burgesses " in corporations of cities is 
 both legal and proper. This subject wa^ recently suggested for 
 discussion (and determination by an important civic body) in an 
 interesting pamphlet,* which quotes judicial opinions in favour of 
 the term "citizens," and not "burgesses," being employed in the 
 corporate style of cities. 
 
 Inclusive of the principal Acts, the number of legislative measures, 
 directly applicable to municipal corporations, which were entered 
 on the Statute roll between the years 1835 and 1878, is 31, They 
 are as follows : — 
 
 Session, Chapter 
 and Tear. 
 
 5 & 6 Will. 4, c. 76 
 (1835) 
 
 6 & 7 Will. 4, c. 103 
 (1S36). 
 
 6 & 7 Will. 4, c. 104 
 (18.36). 
 
 6 & 7 Will. 4, c. lt)5 
 (1836). 
 
 7 Will. 4, & 1 Vict. 
 c. 78 (1837). 
 
 7 Will. 4, & 1 Vict. 
 C. 81 (1837). 
 
 1 & 2 Vict. C. 31 
 (1838). 
 
 2 & 3 Vict. c. 27 
 (1839). 
 
 2 & 3 Vict. c. 28 
 V839). 
 
 Title of Act. 
 
 An Act to provide for the regulation of muni- 
 cipal coi-porations in England and Wales. 
 
 An Act to make temporary provision for the 
 boundaries of certain boroughs. 
 
 An Act for the better administration of the 
 borough funds in certain boroughs. 
 
 An Act for the better administration of justice 
 in certain boroughs. 
 
 An Act to amend an Act for the regulation of 
 municiiml corporations in England and 
 Wales. 
 
 An Act to provide for the levying of rates in 
 boroughs and towns having municipal cor- 
 porations in England and Wales. 
 
 An Act for facilitating the sale of church 
 patronage belonging to municipal corpora- 
 ti-on's in certain cases. 
 
 An Act for regulating the proceedings in the 
 borough courts of England and Wales. 
 
 An Act for the more equally assessing and 
 levjang watch rates in certain boroughs. 
 
 Short Title. 
 
 The Municipal Corporations 
 
 Act, 18.35. 
 The Municipal Corporations 
 
 (Boimdaries) Act, 1836. 
 The Municipal Corporations 
 
 (Borough Fund) Act, 1836. 
 The Municipal Corporations 
 
 (Justices, ic.) Act, 1836. 
 The Municipal Corporations 
 
 (General) Act, 1837. 
 
 The Municipal Corporations 
 (Watch Rate) Act, 1837. 
 
 The Municipal Corporations 
 (Benefices) Act, 1838. 
 
 The Municipal Corporations 
 (Borough Courts) Act, 1839. 
 
 The Municipal Corporations 
 (Watch Rate) Act, 1839. 
 
 * " Ou the distinctive style and title of the Corporation of the City of Exeter.'" — 
 B. a GUlUij, M.A., Town Oerlt.
 
 THEIR GROWTir AND DEA'ELOPMEXT. 
 
 13 
 
 Session, Chapter 
 and Yciir. 
 
 3 & 4 Vict. c. 29 
 (1840). 
 
 5 & 6 Vict. c. 104 
 (1812). 
 
 6 & 7 Vict. c. 89 
 (1843). 
 
 8 & 9 Vict. c. 110 
 
 (18-15). 
 13 & It Vict. c. 42 
 
 (1850). 
 
 13 & 14 Vict. c. CI 
 (1850). 
 
 13 & 14 Vict. c. 91 
 (1850). 
 
 15 & 16 Vict. c. 5 
 (1852). 
 
 IG & 17 Vict. c. 79 
 
 (1853). 
 20 & 21 Vict. c. 50 
 
 (1857). 
 
 22 Vict. c. 35 (1859) 
 
 23 & 24 Vict. c. 16 
 (18G0). 
 
 2t & 25 Vict. c. 75 
 
 (1861). 
 32 & :W Vict. c. 23 
 
 (1869). 
 32 & 33 Vict. c. 55 
 
 (1869). 
 
 34 & 35 Vict. c. 67 
 (1871). 
 
 35 & 36 Vict. c. 60 
 (1872). 
 
 35 & 36 Vict. c. 91 
 (1872). 
 
 36 & 37 Vict. c. 33 
 (1873). 
 
 38 & 39 Vict. c. 10 
 (1875). 
 
 40 & 41 Vict. C. 69 
 (1877). 
 
 41 & 12 Vict. c. 26 
 (1878). 
 
 Title of Act. 
 
 An Act to explain nnd amend an Act of the 
 second and lliiidyc-.ir.s of Her presciit Majesty 
 for more Cfiually assessing and levying watch 
 rates in certain boroughs. 
 
 An Act to exphiin and amend certain enact- 
 ments contained respectively in the Acts for 
 the regulation of municipal coriiorutious in 
 England and Wales and in Ireland. 
 
 An Act to amend the Act for the regulation 
 of municipal corporations in England and 
 Wales. 
 
 An Act for the better collecting borough and 
 watch rates in certain places. 
 
 An Act to confirm the incorporation of certain 
 boroughs, and to provide for the payment of 
 the expenses of the incorporation of new 
 boroughs. 
 
 An Act to provide for more effectually main- 
 taining, repairing, improving and rebuilding 
 bridges in cities and boroughs. 
 
 An Act to authorise justices of any borough 
 having a sejiarate gaol to commit assize 
 prisoners to such gaol, and to extend the 
 jurisdiction of borough justices to all offences 
 and matters arising within the borough for 
 which they act. 
 
 An Act further to explain and amend the Acts 
 for the regulation of municipal corporations 
 in England ami Wales and in Ireland. 
 
 An Act for muking suniby provisions with 
 respect to municipal corporations in England. 
 
 An Act to amend the Acts concerning municipal 
 corporations in England. 
 
 An Act to amend the law relating to municipal 
 elections. 
 
 An Act to make further provision concerning 
 mortgages and other dispositions of property 
 belonging to municipal corpoi-ations in 
 England and Ireland. 
 
 An Act for amending the municipal corpora- 
 tions Act. 
 
 An Act to extend the power of recorders to 
 appoint deputies in certain cases. 
 
 An Act to shorten the term of residence required 
 as a qualification for the municipal franchise, 
 and to make provision for other purposes. 
 
 An Act to amend the municipal corporations 
 Act of 1859 with resiKJct to the division of 
 Ijoroughs into wards. 
 
 An Act for the better prevention of corrupt 
 practices at municipal elections, and for 
 establishing a tribunal for the trial of the 
 validitj' of such elections. 
 
 An Act to authorise the application of funds of 
 municipal corix>rations and other governing 
 bodies in certain cases. 
 
 An Act to facilitate the proof of the bye-laws 
 of municipal corporations in England and 
 Wales. 
 
 An Act to amend, &c., the law as to nominating 
 councillors, auditors and assessors in muni- 
 cipal boroughs in England and Wales. 
 
 An Act to amend the law with respect to the 
 grant of muuici])al charters. 
 
 An Act to amend the law relating to the regis- 
 tration of voters in parliamentary boroughs, 
 and the enrolment of burgesses in municipal 
 boroughs, and relating to certain rights of 
 voting and proceedings before, and appeals 
 from revising barristers. 
 
 Short Title. 
 
 The Municipal Corporations 
 (Watch Rat«) Act, 1840. 
 
 The Municipal CorporatioDS 
 Act, ia42. 
 
 The Municipal Corporations 
 Act, 1843. 
 
 The Municipal Corporations 
 
 (Rates) Act, 1815. 
 The Municipal Corporations 
 
 (Incorpoi*ations) Act, 1850. 
 
 The Municipal Corporations 
 (Bridges) Act, 1850. 
 
 The Municipal Corporations 
 (Justices) Act, 1850. 
 
 The Municipal Corporations 
 Act, 1852. 
 
 The Municipal Corporations 
 
 Act, 1853. 
 The Municipal Corporations 
 
 Act, 1857. 
 The Municipal Corporations 
 
 Act, 1859. 
 The Municipal Corporations 
 
 (Mortgages, &c.) Act, 1860. 
 
 The Municipal Corporations 
 Act Amendment Act, 1861. 
 
 The Municipal Corporations 
 (Recorders) Act, 1869. 
 
 The Municipal Corporations 
 (Elections) Act, 1869. 
 
 The Municipal Corporations 
 Act, 1859, Amendment Act 
 
 isn. 
 
 The Municipal Corporations 
 (Corrupt Practices) Act, 
 1872. 
 
 The Municipal Corporations 
 (Borough Funds) Act, 1872. 
 
 Tho Municipal Corpoj-ations 
 (Evidence) Act, 1873. 
 
 The Municipal Corporations 
 (Elections) Act, 1875. 
 
 The Municipal Corporations 
 (New Charters) Act, 1877. 
 
 Tho Parhamentary and Mu- 
 nicipal Registration Act, 
 1878. 
 
 There arc, of course, a variety of Acts of Parliament which do 
 not exclusively refer to municipal corporations, but which, never- 
 theless, affect the members thereof, and prescribe and define many
 
 14 E^■GLISH MUNICIPAL INSTITUTIONS; 
 
 of the important duties entrusted to them. The appended list 
 (arranged in alphabetical order of subjects) names most of these Acts. 
 
 Adulteration— 38 <fe 39 Vict. c. 63. 
 
 Artizans' and Labourers' Dwellings — 38 & 39 Vict. c. 36. 
 
 Barracks— 35 & 36 Vict. c. 68. 
 
 Baths and Wash-houses — 41 & 42 Vict. c. 14. 
 
 Corrupt Practices— 33 & 34 Vict. c. 75. 
 
 Disqualification of Aldermen and CounciUors^32 &33 Vict. c. 62. 
 
 Disqualification of Justices — 30 <fe 31 Vict. c. 115. 
 
 Elections (BaUot)— 35 & 36 Vict. c. 33. 
 
 Elementary Education— 39 & 40 Vict. c. 79. 
 
 Food & Drugs (sale of)— 38 & 39 Vict. c. 63. 
 
 Highways— 25 & 26 Vict. c. 61. 
 
 Local Courts of Record— 35 & 36 Vict. c. 86. 
 
 Local Loans— 38 & 39 Vict. c. 83. 
 
 Local Taxation Returns— 23 & 24 Vict. c. 51 ; 34 <fc 35 Vict. c. 70 ; and 
 
 40 & 41 Vict. c. 66. 
 Police Superannuation— 22 & 23 Vict. c. 32 ; and 28 & 29 Vict. c. 35. 
 Promissory Oaths— 31 <fe 32 Vict. c. 72. 
 
 Public Health— 38 & 39 Vict. c. 55, and 41 ^ 42 Vict. c. 25 (Water). 
 Public (and Free) Libraries and Museums — 18 & 19 Vict. c. 20 ; 
 
 29 & 30 Vict. c. 114 ; 34 & 35 Vict. c. 71 ; and 40 & 41 Vict. c. 54. 
 Public Works Loans— 38 <fe 39 Vict. c. 89, and 39 & 40 Vict. c. 31 
 
 (principally). 
 Quarter Sessions— 7 Will. 4 and 1 Vict. c. 19, and 40 & 41 Vic. c. 17. . 
 Rating— 4 & 5 Vict. c. 48, and 32 & 33 Vict. c. 81. 
 Religious Disabilities— 30 & 31 Vict. c. 75. 
 Stamps (Freedom)— 1 & 2 Vict. c. 35. 
 Weights and Measures— 22 & 23 Vict. c. 56. 
 Workingmen's Dwellings— 37 & 38 Vict. c. 59. 
 
 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 are represented by from twelve to sixty-four members 
 thereof. The burgesses, by which term is indicated those indi- 
 viduals enjoying the privilege of voting, consist of householders 
 within the borough (residents within seven miles of it, and payers 
 of borough and poor rates) ; an occupancy of not less than 
 twelve months is necessary, and non-payment of rates or accep- 
 tance of poor relief entails deprivation of the franchise. The 
 register of voters, or "burgess roll," is prepared annually, 
 and in boroughs which are both municipal and parliamentary, 
 settled by a revising barrister (41 & 42 Vict. c. 26) ; in 
 boroughs which are municipal only that duty devolves upon
 
 TliKIIl GROWTH AND DEVELOrMK.NT. 15 
 
 the mayor, aided by two annually-elected assessors. The 
 burgesses elect the councillors by ballot (35 & 36 Vict. c. 33) 
 on the First of November in each year, and the council choose 
 the aldermen (one for every three councillors) and the mayor. 
 The councillors hold office for three years, the aldermen for six 
 years, and the mayor for one year. The qualification for a 
 councillor or alderman is £1,000 property or £30 rating, if the 
 boroug-li 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. In such boroughs 
 as are divided into wards the councillors are apportioned among 
 and separately elected in the several wards. A person may be 
 chosen an alderman although he has not been elected a councillor, 
 but the mayor must be selected from the aldermen or councillors. 
 By virtue of his appointment the mayor becomes a justice of 
 the peace for the borough during his tenure of office and one 
 year after. There are certain monetary penalties, limited in 
 amount, for the non-acceptance of office. 
 
 (b) To provide for the performance of the following functions 
 (amongst others of a minor character) : — 
 
 (1) Administration of justice in local criminal and civil courts. 
 
 (2) Appointment and supervision of police. 
 
 (3) Administration of public property and the levy of rates 
 
 when such property is not sufficient to meet the public 
 expenses. 
 
 (4) The enactment of bye-law's and appointment and dis- 
 
 missal of public servants. 
 
 (5) Execution of sanitary regulations under the Public 
 
 Health Acts. 
 
 (6) Paving, lighting, supplying water, cleansing, and 
 
 maintenance and improvement of thoroughfares and 
 sewerage. 
 
 (7) Establishment and maintenance of public buildings, 
 
 works, museums, and libraries. 
 
 (8) Making and maintaining harbours, docks, and navigations. 
 
 (9) Administration of special charitable trusts. 
 
 (10) Superintendence and enforcement of educational regu- 
 lation where there is no school board. 
 Several of tlio foregoing duties will be more fully referred to 
 under the sub-divisions of Part IV.
 
 16 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 PART IV. 
 
 The Growth and Development of the English Municipalities 
 (SUBJECT to 5 & 6 ^yILL. IV. c. 76), between 1835 and 1879, 
 statistically illustrated under the following heads: — 
 
 (1) Area. 
 
 (2) Population and Inhabited Ilouses. 
 
 (3) The Municipal Franchise. 
 
 (4) The Parliamentary Franchise. 
 
 (5) The Governing Body. 
 
 (6) The Municipal Judges and Magistracy. 
 {7} The Criminal and Civil Jurisdictions. 
 
 (8) The Police and Criminal Statistics. 
 
 (9) The Corporate Revenue, Expenditure, Indebtedness, 
 
 Rateable Value, &c. 
 (10) The Public Health and Educational Jurisdictions. 
 
 (1) Area. 
 
 A comparison of the territorial limits subject to corporate juris- 
 diction before the passing of the Act 5 and 6 William IV. c. 76, 
 and those of the present time, may, not unreasonably, be regarded as 
 the least satisfactory test of the extension of municipal government 
 during the last forty-three years. The contrast only becomes of value 
 when calculated from the date upon which the boundaries of the 178 
 cities and boroughs, named in schedules A and B of the Act of 1835, 
 may be said to have received a certain settled definition. The limits 
 of many of the ancient boroughs underwent considerable alteration, 
 some being increased, and some decreased, by the operation of sections 
 7 and 8 of the Act, which prescribed that the metes and bounds of 
 the several boroughs, named in the first section of Schedules A and B, 
 should bj the same as those settled and described by 2 and 3 William 
 IV. c. 64, intituled '■' An Act to settle and describe the Divisions of 
 Counties, and the limits of Cities and Boroughs, in England and 
 Wales, so far as respects the Election of Members to serve in 
 Parliament." 
 
 The Municipal Inquiry Commissioners found, in the course of 
 their investigations in 1833, that the boundaries of the corporate
 
 THEIR GROWTH AND DEVELOPMENT. 17 
 
 jurisdictions were generally known with tolerable accuracy, although 
 principally ascertained by periodical perambulations. Occasionally, 
 doubts and disputes occurred with regard to small parcels of land, in 
 which county, manorial, or parochial authorities felt themselves 
 interested, and this confusion was not surprising, especially when 
 the metes of such parcels of ground were not continuous with the 
 corporate boundary, as at Brecon, Grantham, and other places. The 
 Cinque Ports supplied some remarkable instances of outlying limits. 
 The magistrates of Hastings had authority over the precincts of 
 Beaksbourne, and Grange (or Grench), distant from the town 48 and 
 50 miles respectively, and the towns of Deal and llamsgate (the 
 former a corporate town of itself) were subject to the jurisdiction of 
 the corporation of Sandwich. Many of the cathedral cities possessed 
 precincts locally situated within the limits of the corporate authority, 
 but entirely exempted by ecclesiastical charters, or grants of privileges, 
 from its jurisdiction. Several corporations, too, exercised powers 
 over adjacent waters to considerable distances from their land 
 boundaries ; the jurisdiction of Hochester extended on the Medway to 
 Sheerncss, distant twenty miles ; that of Bristol to Holmes, twenty- 
 five miles from the city ; Newcastle-upon-Tyne had jurisdiction on ten 
 miles of the river below the town and seven above it : and a larse 
 portion of the harbour of Harwich was within the jurisdiction of 
 Ipswich. The inlying precincts frequently gave rise to grave evils, 
 by affording protection to offenders against the law, and presenting 
 irritating obstacles to an effective police supervision. Great incon- 
 venience, moreover, resulted in cases where the rapid increase of 
 population had not met with a corresponding extension of the 
 corporate area. 
 
 The sections of the principal Act, mentioned in the preceding 
 paragraph, swept away the anomalies of outlying and inlying 
 precincts, but the concluding words of the seventh section, that " the 
 metes and bounds of every borough and county corj^orate, should 
 include the whole of the liberties of the borough or county as the same 
 were then tahcn to be " provoked considerable divergence of opinion. 
 The extensive meaning of the word " Liberties," brought within the 
 temporary boundary of several boroughs a large tract of continuous 
 territory which ought never to have been annexed to them. The 
 majority of the Revising Barristers, appointed under section 20, in. 
 the discharge of the duties entrusted to them by section 39, no doubt 
 interpreted the seventh section in accordance with the intent of the 
 framers of the Act, by excluding these peculiar districts (see 
 Doncaster and York, in Col. 1, Table 1.) when determining the said 
 
 C
 
 18 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 divisions, but the teclmical objection taken to tbeir ruling was ulti- 
 mately held to be fatal to the Kmitation, and necessitated a special 
 enactment (6 & 7 William lY., c. 103), which provided that — 
 
 " Notwithstanding anything contained in the Municipal Corporation Act, no 
 part of any county, or of the liberties of any borough, town, or city named in the 
 first section of the schedules (A and B) annexed to the said Act, which before the 
 passing thereof was not part of such borough, town, or city, or within the parlia- 
 mentary boundary thereof, should be taken thereafter to be within the boundaries 
 of siich boroiigh, &c., or within the county thereof, or within the jurisdiction of 
 the justices thereof, and that no part of any county, or of the liberties of any 
 boroiigh, town, or city named in the second section of the said schedules (A & B), 
 which was not part of such borough, town, or city, before the passing of the Act 
 (2 (fc 3 William IV., c. 64) to settle the boundaries of parliamentary boroughs, 
 should for the purposes of the Municipal Corporations Act be included within the 
 boundaries of any such borough, &c., or with the county of such borough, (fee, or 
 within the jurisdiction of the justices of such borough, cfec." 
 
 The real effect of this statute was to make the parliamentary and 
 the municipal boundaries of the first set of boroughs co-extensive, and 
 to confine the latter within their old municipal limits. 
 
 The Act just quoted was, contrary to general expectation, the only 
 legislation, beyond sections 7 and 8 of the principal Act, which 
 ensued upon the question of municipal boundaries. The character 
 which the Bill for regulating Municipal Corporations would assume 
 with respect to warding, &c., on becoming law, being pretty well 
 imderstood by Midsummer of 1835, a Koyal Commission was issued 
 on the 15th of July in that year, directing an inquiry " into the local 
 circumstances of certain cities, boroughs, cinque ports, and municipal 
 corporations in England and Wales, touching the metes and bounds 
 of such cities, boroughs, &c., and the preparation of a report, within 
 three months from that date, upon the lines most proper to be adopted 
 for new metes and bounds of the same." The general instructions to 
 the Commissioners were of the following purport: — 
 
 1st. To fix the boimdaries of the cities, or boroughs so as to 
 include all houses in each city or borough town and its 
 suburbs. 
 2nd. In the case of a suburb not being immediately contiguous, 
 regard to be had to the nature of the population of such 
 suburb, and the extent and nature of the ground 
 separating it from the town. 
 3rd. No suburb to be included within a municipal boundary 
 without the ground dividing it from the town being also 
 included. 
 4th. Old boundaries to be adhered to where practicable but where
 
 THEIR GROWTH AND DEVELOPMENT. 19 
 
 too extensive or too limited other lines adapted to the 
 
 existing circumstances of the town to be laid down. 
 
 5th. Attention to he paid in altering existing boundaries to the 
 
 selection of parish bounds or long established local limits. 
 
 As may he imagined, it was found to be a difficult task to apply 
 
 these principles rigourously to so many boroughs varying widely in 
 
 character and circumstances, and in the result the recommendations 
 
 of the Commissioners — so far as the corporate areas were conceT-ned — 
 
 practically resolved themselves into : — 
 
 1st, The extension of boundaries where the population, houses, 
 &c., had outgrown (or gave reasonable promise of so 
 doing) the ancient limits. 
 2nd. A curtailment of boundaries where there was any con- 
 siderable extent of rural district included within the 
 ancient limits. 
 The proposed augmentations of area were, upon the whole, 
 approved by the inhabitants of the districts affected, but the sugges- 
 tions as to the contraction of boundaries were by no means well 
 received. The numerous expressions of local dissatisfaction thereon, 
 and the excusable disinclination of the central authority to the 
 obliteration of ''landmarks " which had existed in a large proportion 
 of the boroughs from " time immemorial" were effectual in pre- 
 venting Parliamentary adoption of the Commissioners' delimitations, 
 notwithstanding the very sensible basis upon which they had been 
 arranged. Contractions of ancient lines in defining the Parliamentary 
 boundaries under the Parliamentary Reform Act of 1832, it should 
 be remembered, were forbidden. Sections 7 and 8 of 5 and 6 William 
 TV., c. 76, and the leading provisions of 6 and 7 William IV., c. 103, 
 may, therefore, be said to have permanently defined the boundaries 
 of the 178 reformed municipalities. 
 
 Extensions of corporate limits have since taken place under special 
 Acts of Parliament. Of the Cities and Boroughs named in Schedules 
 A and B of the Act of 1835 the following have had their boundaries 
 altered or extended since the passing of that measure : — 
 
 Bridgwater 
 
 Carditi' 
 
 Chichester 
 
 Coventry 
 
 Derby 
 
 Exeter 
 
 Folkestone 
 
 Gateshead 
 
 Gloucester 
 
 Hythe 
 
 Kiugston-upon-Thames 
 
 Newbury 
 
 !Newcastle-under-L}Tne 
 
 Newport (I. of Wight) 
 
 Newport (Monmouth) 
 
 Nottingham
 
 20 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 Stockton-on-Tees 
 
 Sunderland 
 
 Walsall 
 
 Pontefract 
 Eetford (East) 
 Romsey 
 Stafford 
 
 Of the Cities and Boroughs incorporated since the j-ear 1835 the 
 followinor have had their boundaries altered or extended : — 
 
 Barrow-in-Furness 
 
 Blackburn 
 
 Bolton 
 
 Bootle-cum-Linacre 
 
 Bradford 
 
 Brighton 
 
 Darlington 
 
 Huddersfield 
 
 Manchester 
 
 Margate 
 
 M iddlesborough 
 
 Rochdale 
 
 Salford 
 
 Southport 
 
 Halifax 
 
 The piecemeal system of legislation for local affairs, which has been 
 so long pursued, has been fruitful in multiplying the many abnormal 
 relations of a municipal "citizen" or "burgess" to the "authorities" 
 which control his domestic government, and peculiarities arising 
 from the absence of a general principle in defining borough bound- 
 aries are not the least conspicuous. In very many instances the 
 areas divide parishes and unions, and in fourteen cases, counties. 
 They are often not conterminous with the parliamentary borough or 
 the urban district bearing the same name. The effect has been 
 fairly stated thus : — 
 
 " The inhabitant of a borough lives in a fourfold area for purposes of local 
 government, namely, in the borough, in a parish, in a union, and in a county. 
 None of these are conterminous (unless by accident) with any of the others. He 
 is or may be governed by a sixfold authority, namely, the council, the vestry, the 
 burial board, the school board, the union, and the county quarter sessions — all 
 different bodies — and inhabitants of different parts of the same borough are or 
 may be under different vestries, burial boards, guardians, and county quarter 
 sessions. He is or may be subject to a borou.gh-rate, a general district-rate, a 
 poor-rate, a burial- rate, and a county- rate."* 
 
 Before concluding the observations prompted by this subject, it 
 may not be out of place to remark that every care has been taken, in 
 settling the approximate number of statute acres within the ancient 
 municipal limits, to be as accurate as the information at command 
 would permit. Of nearly a dozen authorities consulted, scarcely any 
 two agree, and the precise measurements of the last Ordnance Survey 
 appear to have exposed several numerical errors in previous authori- 
 tative declarations of local limits. An examination of Table I. will 
 shew some slight differences that may be thus accounted for. 
 
 * "Memorandum on Local Government," W. Kathbone and S. Whitbread (1877).
 
 THEIR GIIOWTII AND DEVELOPMENT. 
 
 21 
 
 TABLE 1, (Part IV., Sec. 1.)— Cities and Boroughs named in Schedules 
 A and B of 5 and 6 William IV., c. 76 (1835.) 
 K* Where two counties are given (Col. 2) the principal portion of the City or 
 
 Borough is included in that tirst 
 
 iiaiiK.Ml. 
 
 
 
 
 Area in Statute 
 
 Area in Statute 
 
 
 
 Acres of Ancient 
 
 Acres of Muni- 
 
 Cities and Boeoughs. 
 
 Counties. 
 
 Municipal Limits 
 
 cipal Limits in 
 
 
 
 in 1835. 
 
 1879. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Abcrystwith 
 
 Cardigan 
 
 400 
 
 857 
 
 Abingdon 
 
 Berks ... 
 
 340 
 
 345 
 
 Andover... 
 
 Southampton ... 
 
 7,070 
 
 8,2.54 
 
 Arundel... 
 
 Sussex ... 
 
 1,830 
 
 2,029 
 
 Banbuiy... 
 
 Oxford & North- 
 ampton 
 
 40 
 
 90 
 
 Barnstaple 
 
 Devon ... 
 
 1,070 
 
 1,750 
 
 Basingstoke 
 
 Southampton ... 
 
 4,030 
 
 4,036 
 
 Bath (City) 
 
 Somerset 
 
 980 
 
 3,539 
 
 Beaumaris 
 
 Anglesey 
 
 *3,1.59 
 
 3,159 
 
 Beccles ... 
 
 Sufiblk 
 
 1,877 
 
 1,892 
 
 Bedford ... 
 
 Bedford 
 
 2,1C4 
 
 2,127 
 
 Berwick-on-Tweed (County of 
 
 Northumberland 
 
 5,120 
 
 7,048 
 
 the Town) 
 
 
 
 
 Beverley .... ... ... 
 
 York (E.R.) ... 
 
 2,316 
 
 2,412 
 
 Bewdley... 
 
 Worcester 
 
 2,500 
 
 1,881 
 
 Bideford... 
 
 Devon ... 
 
 4,510 
 
 3,196 
 
 Blandford 
 
 Dorset ... 
 
 *400 
 
 802 
 
 Bodmin ... 
 
 Cornwall 
 
 2,840 
 
 2,603 
 
 Boston ... 
 
 Lincoln 
 
 4,574 
 
 2,064 
 
 Brecon ... 
 
 Brecknock 
 
 *1,900 
 
 2,614 
 
 Bridgnorth 
 
 S;ilop 
 
 1,081 
 
 3,194 
 
 Bridgwater 
 
 Somerset 
 
 158 
 
 t429 
 
 Bridport... 
 
 Dorset ... 
 
 99 
 
 654 
 
 Bristol (City and County) 
 
 Gloucester and 
 Somerset 
 
 1,840 
 
 4,452 
 
 Buckingham 
 
 Buckingham . . . 
 
 5,330 
 
 4,883 
 
 Bury St. Edmund's 
 
 Sufiblk... 
 
 2,935 
 
 2,938 
 
 Calne 
 
 Wilts 
 
 800 
 
 939 
 
 Cambridge 
 
 Cambridge 
 
 3,195 
 
 3,278 
 
 Canterbury (City and County) 
 
 Kent ... 
 
 2,780 
 
 3,774 
 
 Cardiff 
 
 Glamorgan 
 
 1,877 
 
 7,374 
 
 Cardigan 
 
 Cardigan 
 
 2,517 
 
 5,239 
 
 Carlisle (City) 
 
 Cumberland ... 
 
 80 
 
 1,570 
 
 Carmarthen (County of the 
 
 Carmarthen ... 
 
 4,996 
 
 4,996 
 
 Town) 
 
 
 
 
 Carnarvon ... ... ... 
 
 Carnarvon 
 
 1,897 
 
 1,897 
 
 Chard 
 
 Somerset 
 
 52 
 
 50 
 
 Chester (City and County) ... 
 
 Chester 
 
 3,010 
 
 3,037 
 
 Chestertield 
 
 Derby ... 
 
 298 
 
 276 
 
 Chichester (City) 
 
 Sussex 
 
 445 
 
 751 
 
 Chippenham 
 
 Wilts 
 
 26 
 
 26 
 
 Chipping Noi-ton 
 
 Oxford 
 
 3,430 
 
 3,430 
 
 * Denotes the approximate area derived from the best contemporarj' authorities 
 obtainable ; in cases whore the estimated area has been stated both above and below 
 the figures for 1879, those figures have been inserted here for the year 1835. 
 
 J The Census Returns of 1871 give the area of the borough of Bridgwater as 705 
 acres. The Town-Clerk s;iys (Feb. 28, 1879) " I am at a loss to account for the area 
 as stated in the Census Returns. The exact area is 428a. 3r. 3p."
 
 22 
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 TABLE 1. (Part IV., Sec. 1.)— continued. 
 
 
 
 Area in Statute 
 
 Area in Statute 
 
 Cities axd Boeoughs. 
 
 ConfiiEs. 
 
 Acres of Ancient 
 Municipal Limits 
 
 Acres of Muni- 
 cipal Limits in 
 
 
 
 in 1835. 
 
 1879. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Chipping Wycombe 
 
 Buckingham . . . 
 
 *134 
 
 120 
 
 Clitheroe 
 
 Lancaster 
 
 2,283 
 
 2,375 
 
 Colchester 
 
 Essex ... 
 
 *11,770 
 
 11,314 
 
 Congleton 
 
 Chester 
 
 2,500 
 
 2,564 
 
 tCoventry (City) 
 
 Warwick 
 
 (a 4,920 
 1 b 10,150 
 
 1,430 
 
 Dartmouth 
 
 Devon 
 
 81 
 
 1,847 
 
 Daventry 
 
 Northampton ... 
 
 4,090 
 
 4,090 
 
 Deal 
 
 Kent 
 
 1,120 
 
 1,124 
 
 Denbigh... 
 
 Denbigh 
 
 *8,990 
 
 8,987 
 
 Derby ... 
 
 Derby ... 
 
 1,660 
 
 3,445 
 
 Devizes ... 
 
 Wilts 
 
 660 
 
 907 
 
 Doncaster 
 
 York (W.R.) ... 
 
 jc 1,610 
 t d 10,730 
 
 1,691 
 
 Dorchester 
 
 Dorset ... 
 
 67 
 
 635 
 
 Dover ... ... ... 
 
 Kent ... 
 
 1,043 
 
 1,262 
 
 Droitivich 
 
 Worcester 
 
 1,843 
 
 1,849 
 
 Durham (City) ... 
 
 Durham 
 
 330 
 
 880 
 
 Evesham 
 
 Worcester 
 
 2,131 
 
 2,338 
 
 Exeter (City and County) 
 
 Devon... 
 
 1,800 
 
 2,004 
 
 Eye 
 
 Suffolk 
 
 4,211 
 
 4,100 
 
 Fahnouth 
 
 Cornwall 
 
 40 
 
 64 
 
 Faversham 
 
 Kent 
 
 430 
 
 551 
 
 Flint 
 
 Flint 
 
 *3,500 
 
 3,442 
 
 Folkestone 
 
 Kent ... 
 
 630 
 
 2,578 
 
 Gateshead 
 
 Durham 
 
 3,320 
 
 3,010 
 
 Glastonbury 
 
 Somerset 
 
 *6,917 
 
 6,917 
 
 Gloucester (City and County) 
 
 Gloucester 
 
 680 
 
 1,666 
 
 Godalming 
 
 Surrey 
 
 *480 
 
 480 
 
 Godmanchester . . . 
 
 Huntingdon . . . 
 
 4,668 
 
 4,970 
 
 Grantham 
 
 Lincoln 
 
 130 
 
 406 
 
 Gravesend 
 
 Kent ... 
 
 1,526 
 
 1,256 
 
 Grimsby (Great) 
 
 Lincoln 
 
 *2,110 
 
 1,737 
 
 Guildford 
 
 Surrey 
 
 70 
 
 543 
 
 Harwich... 
 
 Essex 
 
 2,336 
 
 1,479 
 
 Hastings... 
 
 Sussex... 
 
 1,670 
 
 1,636 
 
 Haverfordwest (County of the 
 
 Pembroke 
 
 *1,500 
 
 1,430 
 
 Town) 
 
 
 
 
 Helston ... 
 
 Cornwall 
 
 130 
 
 155 
 
 Hereford (City) 
 
 Hereford 
 
 4,395 
 
 4,969 
 
 Hertford... 
 
 Hertford 
 
 *650 
 
 864 
 
 Hull [Kingston - upon - Hull,] 
 
 York(E.R.) ... 
 
 (a 68 
 t 611,600 
 
 3,635 
 
 (County of the Town) 
 
 
 * Denotes the approximate area derived from the best contemporary authorities 
 obtainable. 
 
 f Coventry was a city and county of itself until the year 1842, when its county 
 jurisdiction was merged in that of the county of Warwick. 
 
 a and b — ^Where two areas are given, the first is the area of the old municipal 
 borough, and the second (h) that of the county of the town or city. 
 
 e and d — The jurisdiction of the ancient magistracy of Doncaster extended over 
 the area known as the Soke {d) ; the first prefix (c) denotes the area of the ancient 
 borough.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 23 
 
 TABLE 1. (Pabt IV., Sec. 1.)— continued. 
 
 
 
 Area in SUitute 
 
 Area in 8Uitute 
 
 Cities xsd Boboughs. 
 
 Counties. 
 
 Acres of Ancient 
 Municipal J^imitt 
 
 Acres of Muni- 
 cipal Limits in 
 
 
 
 in 18.35. 
 
 1879. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Huntingdon 
 
 Huntingdon ... 
 
 1,004 
 
 1,116 
 
 Hytlie 
 
 Kent ... 
 
 1,717 
 
 1,882 
 
 Ipswich ... 
 
 Sutlolk 
 
 8,450 
 
 8,192 
 
 Kendal... 
 
 Westmorland ... 
 
 *2,622 
 
 2,622 
 
 Kidderminster 
 
 Worcester 
 
 1,060 
 
 1,247 
 
 King's Lynn 
 
 Norfolk 
 
 2,633 
 
 2,898 
 
 King.ston-upon-Thames 
 
 Surrey ... 
 
 7,300 
 
 1,085 
 
 Lancaster 
 
 Lancaster 
 
 1,240 
 
 1,494 
 
 Launceston 
 
 Cornwall 
 
 2,180 
 
 1,504 
 
 Leeds 
 
 York(W.R.) ... 
 
 20,595 
 
 21,572 
 
 Leicester 
 
 Leicester 
 
 325 
 
 3,220 
 
 Leominster 
 
 Hereford 
 
 910 
 
 8,086 
 
 Lichtield (City and County) ... 
 
 Stafford 
 
 3,180 
 
 3,416 
 
 Lincoln (City and County) ... 
 
 Lincoln 
 
 (a 3,593 
 1 b 17,560 
 
 3,891 
 
 Liskeard... 
 
 Cornwall 
 
 2,140 
 
 810 
 
 Liverpool 
 
 Lancaster 
 
 1,560 
 
 5,210 
 
 Llandovery 
 
 Carmarthen ... 
 
 *506 
 
 606 
 
 Llanidloes 
 
 Montgomery . . . 
 
 611 
 
 611 
 
 Louth 
 
 Lincoln 
 
 2,560 
 
 3,250 
 
 Ludlow 
 
 Salop Sz Hereford 
 
 280 
 
 241 
 
 Lyme Regis 
 
 Dorset... 
 
 100 
 
 200 
 
 LjTuington 
 
 Southampton ... 
 
 105 
 
 141 
 
 Macclesiield 
 
 Chester 
 
 2,410 
 
 3,235 
 
 Maidenhead 
 
 Berks ... 
 
 2,560 
 
 2,560 
 
 Maidstone 
 
 Kent ... 
 
 4,330 
 
 4,008 
 
 Maldon 
 
 Essex ... 
 
 2,948 
 
 3,508 
 
 Marlborough 
 
 Wilts 
 
 170 
 
 186 
 
 Monmouth 
 
 Monmouth 
 
 *4,983 
 
 4,983 
 
 Morpeth 
 
 Northumberland 
 
 270 
 
 231 
 
 Neath 
 
 Glamorgan 
 
 1,121 
 
 1,486 
 
 Newark 
 
 Nottingham . . . 
 
 2,200 
 
 1,933 
 
 Newbury 
 
 Berks ... 
 
 *1,722 
 
 1,722 
 
 Newcastle-under-Ljnne 
 
 Stafford 
 
 554 
 
 650 
 
 Newcastle-upon-TjTie (County 
 
 Northumberland 
 
 2,000 
 
 5,371 
 
 of the Town) 
 
 
 
 
 Newport (L of W.) 
 
 Southampton ... 
 
 63 
 
 501 
 
 Newport 
 
 Monmouth 
 
 252 
 
 2,740 
 
 Northampton 
 
 Northampton ... 
 
 1,363 
 
 1,342 
 
 Norwich (City and County) ... 
 
 Norfolk 
 
 r a 5,920 
 \b 7,025 
 
 7,472 
 
 Nottingham (County of the 
 
 Nottingham . . . 
 
 2,200 
 
 9,957 
 
 Town) 
 
 
 
 
 Oswestry 
 
 Salop 
 
 *l,7o3 
 
 1,753 
 
 Oxford (City) 
 
 Oxford 
 
 2,527 
 
 2,779 
 
 Pembroke 
 
 Pembroke 
 
 5,626 
 
 5,626 
 
 Penryn 
 
 Cornwall 
 
 290 
 
 311 
 
 * Denotes the approximate area derived from the best contemporary authorities 
 obtainable. 
 
 a and h — Where two areas are given, the first is the area of the old mimicipal 
 borough, and the second (J) that of the county of the town or city.
 
 24 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 1. (Part IV., Sec. l.)~-conUnued. 
 
 
 
 
 
 Area in Statute 
 
 Area in Statute 
 
 
 
 Acres of Ancient 
 
 Acres of Muni- 
 
 Cities aud Boeoughs. 
 
 Counties. 
 
 Municipal Limits 
 
 cipal Limits in 
 
 
 
 in 1835. 
 
 1879. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Penzance 
 
 Cornwall 
 
 *486 
 
 486 
 
 Plymouth 
 
 Devon ... 
 
 1,351 
 
 1,395 
 
 Pontefract 
 
 York(W.R.) ... 
 
 2,532 
 
 4,417 
 
 Poole (County of the Town) ... 
 
 Dorset ... 
 
 170 
 
 5,111 
 
 Portsmouth 
 
 Soutlmmpton ... 
 
 6,614 
 
 19,513 
 
 Preston ... 
 
 Lancaster 
 
 1,960 
 
 2,820 
 
 Pwllheli 
 
 Carnarvon 
 
 720 
 
 1,017 
 
 Reading ... 
 
 Berks ... 
 
 2,080 
 
 2,400 
 
 Retford (East) 
 
 Nottingham . . . 
 
 288 
 
 4,600 
 
 Richmond 
 
 York(N'.R.) ... 
 
 2,310 
 
 2,520 
 
 Ripon (City) 
 
 York(W.R.) ... 
 
 1,506 
 
 1,.580 
 
 Rochester (City) 
 
 Kent ... 
 
 2,313 
 
 2,906 
 
 Romsey ... 
 
 Southampton ... 
 
 380 
 
 400 
 
 Ruthin ... 
 
 Denbigh 
 
 *2,033 
 
 2,033 
 
 Rye 
 
 Sussex ... 
 
 1,077 
 
 968 
 
 Saffron Walden 
 
 Essex ... 
 
 7,380 
 
 7,416 
 
 St. Alban (City)I 
 
 Hertford 
 
 320 
 
 434 
 
 St. Ives 
 
 Cornwall 
 
 1,524 
 
 1,812 
 
 Salisbury (City) 
 
 Wilts 
 
 166 
 
 598 
 
 Sandwich 
 
 Kent 
 
 684 
 
 675 
 
 Scarborough 
 
 York (N.R.) ... 
 
 2,053 
 
 2,348 
 
 Shaftesbury 
 
 Dorset... 
 
 156 
 
 179 ■ 
 
 Shrewsbury 
 
 Salop ... 
 
 1,254 
 
 3,674 
 
 Southampton (County of the 
 
 Southampton ... 
 
 1,970 
 
 2,004 
 
 Town) 
 
 
 
 
 South Molton ... 
 
 Devon 
 
 6,160 
 
 6,264 
 
 South wold 
 
 'Suffolk 
 
 621 
 
 566 
 
 Staflbrd 
 
 Stafford 
 
 370 
 
 1,012 
 
 Stamford 
 
 Lincoln & North- 
 ampton 
 
 1,623 
 
 1,766 
 
 Stockport 
 
 Chester and Lan- 
 caster 
 
 1,740 
 
 2,159 
 
 Stockton-on-Tees 
 
 Durham 
 
 *80 
 
 1,189 
 
 Stratford-upon-Avon ... 
 
 Warwick 
 
 *108 
 
 108 
 
 Sudbury 
 
 Suffolk & Essex 
 
 925 
 
 1,968 
 
 Sunderland 
 
 Durham 
 
 120 
 
 3,306 
 
 Swansea 
 
 Glamorgan 
 
 *1,000 
 
 4,363 
 
 Tamworth 
 
 S tafford and War- 
 wick 
 
 83 
 
 200 
 
 Tenby ... 
 
 Pembroke 
 
 640 
 
 640 
 
 Tenterden 
 
 Kent 
 
 *8,869 
 
 8,948 
 
 Tewkesbury 
 
 Gloucester 
 
 53 
 
 2,619 
 
 Thetford ... 
 
 Norfolk^ Suffolk 
 
 6,977 
 
 7,296 
 
 Tiverton 
 
 Devon ... 
 
 17,500 
 
 17,491 
 
 Torrington (Great) 
 
 Devon 
 
 3,640 
 
 3,456 
 
 Totnes 
 
 Devon 
 
 118 
 
 1,396 
 
 * Denotes the approximate area derived from the best contemporary authorities 
 obtainable. 
 
 t Of this area 5,027 acres are water. 
 
 X St. Albans (properly St. Alban) was raised to the dignity and style of a City, by 
 Letters Patent, in 1877.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 25 
 
 TABLE 1. (Part IV., Sec. 1.)— continued. 
 
 
 
 Area in Statute 
 
 Area in Statute 
 
 CiTIBS AND BOEOUGHS. 
 
 Counties. 
 
 Acres of Ancient 
 Municipal Limits 
 
 Acres of Muni- 
 cipal Limits in 
 
 
 
 in 1835. 
 
 1879. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Truro (City)t 
 
 Cornwall 
 
 509 
 
 1,171 
 
 Wallingford 
 
 Berks ... 
 
 370 
 
 404 
 
 Walsall 
 
 Statlord 
 
 7,920 
 
 8,094 
 
 Warwick 
 
 Warwick 
 
 5,300 
 
 5,512 
 
 Wells (City) 
 
 Somerset 
 
 092 
 
 726 
 
 Welshpool ... ... ... 
 
 Montgomeiy .. 
 
 *19,549 
 
 19,549 
 
 Wenlock 
 
 Salop 
 
 47,589 
 
 33,000 
 
 Weymouth and Mclcombe Regis 
 
 Dorset ... 
 
 505 
 
 703 
 
 Wigan ... 
 
 Lancaster 
 
 2,170 
 
 2,188 
 
 Winchester (City) 
 
 Southampton ... 
 
 988 
 
 1,077 
 
 Windsor... 
 
 Berks and Bvick- 
 ingham 
 
 2,510 
 
 2,730 
 
 Wisbech... 
 
 Cambridge 
 
 6,450 
 
 6,432 
 
 Worcester (City and County)... 
 
 Worcester 
 
 220 
 
 1,203 
 
 Yarmouth (Great) 
 
 Norfolk &SuflFoll 
 
 I 1,270 
 
 3,085 
 
 York (City and County) 
 
 York 
 
 Je 1,938 
 i/ 32,440 
 
 1,979 
 
 Totals 
 
 • • • • • • 
 
 J470,992 
 
 549,535 
 
 * Denotes the approximate area derived from the best contemporary authoritiea 
 obtainable. 
 
 t Truro was raised to the dignity and style of a City, by Letters Patent, m 1877. 
 
 X The ancient corporate count-)/ area and that of the "peculiar" Hberties is not 
 inchided in the total. 
 
 e and/— The jurisdiction of the ancient magistracy of York extended over the dis- 
 trict knowai as the Ainsty (/) ; the first prefix (f) denotes the area of the ancient city. 
 
 TABLE 2 (Part IV., Sec. 1). — Cities and Boroughs incorporated since 
 THE passing of 5 AND 6 WiLLIAM IV., c. 76 (1835). 
 
 
 
 Area in Statute 
 
 CiTIEg AXD BOBOUGHS. 
 
 Counties. 
 
 Acres of 
 
 Municipal Limits 
 
 in 1879. 
 
 Col. 1. 
 
 Col. 3. 
 
 Col. 3. 
 
 Aberavon 
 
 *Accrington 
 
 Glamorgan 
 Lancaster... 
 
 2,598 
 
 3,425 
 
 Ashton-\inder-L}me 
 
 Lancaster & Chester 
 
 1,350 
 
 Barnsley 
 
 Barrow-in-Furness ... 
 
 York(W.R.) 
 Lancaster 
 
 2,386 
 110,503 
 
 Batley 
 
 *Birkenhend 
 
 York (W.R.) 
 Chester ... 
 
 2,039 
 
 3,888 
 
 Birmingham 
 
 Warwick ... 
 
 8,400 
 
 Blackburn 
 
 Lancaster... 
 
 4,071 
 
 *B'arkpo()l ... 
 Bolton 
 
 Lancaster... 
 Lancaster... 
 
 3,150 
 2,378 
 
 Bootle-cum-Linacre 
 
 Lancaster... 
 
 1,580 
 
 Bradford 
 
 York (W.R.) 
 
 7,221 
 
 Brighton 
 
 Burnley ... 
 
 Sussex 
 Lancaster. . . 
 
 2,592 
 1,131 
 
 * Boroughs incorporated since the Census of 1S71. 
 f Of this area 6,783 ac^-es are water.
 
 26 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 2 (Part IV., Sec. 1.)— continued. 
 
 Cities and Bobotjghs, 
 
 Col. 1, 
 *Burslem ... 
 *Burton-upon- Trent 
 *Bury 
 
 * Cheltenham 
 *Conway 
 *Crewe 
 
 Darlington 
 
 Devonport 
 
 Dewsbury ... 
 
 Dudley 
 
 Dunstable ... 
 
 Glossop 
 
 Halifax 
 
 Hanley 
 
 Hartlepool 
 
 Hedon 
 
 Honiton ... 
 
 Huddersfield 
 *Jarrow-on-Tyne ... 
 *Leamington 
 
 Longton ... 
 *Luton 
 fManchester (City) 
 
 Margate 
 
 Middlesborough . . . 
 
 Oldliam 
 *Over Darwen 
 *Peterborough (City) 
 
 Reigate 
 
 Rochdale ... 
 
 Rotherham 
 
 Ryde(I. of W.) ... 
 
 St. Helen's 
 *St. Ives 
 
 Salf ord 
 
 Sheffield 
 
 Southport ... 
 
 South Shields 
 
 Stalybridge 
 *Stoke-upon-Trent 
 *Taunton ... 
 
 Tynemouth 
 
 Wakefield 
 
 Warrington 
 
 Wolverhampton . . . 
 
 Wrexham ... 
 
 Yeovil 
 
 Total 
 
 Grand Total (Tables 1 and 2) 
 
 
 Area in Statute 
 
 COUHTIES. 
 
 Acres of 
 Municipal Limits 
 
 
 in 1879. 
 
 Col. 2. 
 
 Col. 3. 
 
 Stafford 
 
 2,238 
 
 Stafford and Derby 
 
 4,025 
 
 Lancaster 
 
 2,938 
 
 Gloucester 
 
 4,134 
 
 Carnarvon 
 
 3,312 
 
 Chester ... 
 
 1,318 
 
 Durham 
 
 3,909 
 
 Devon 
 
 1,760 
 
 York (W.R.) 
 
 1,468 
 
 Worcester 
 
 3,680 
 
 Bedford ... 
 
 390 
 
 Derby 
 
 3,033 
 
 York (W.R.) 
 
 3,768 
 
 Stafford 
 
 1,648 
 
 Durham ... 
 
 137 
 
 York (E.R.) 
 
 321 
 
 Devon 
 
 3,066 
 
 York (W.R.) 
 
 10,498 
 
 Durham 
 
 851 
 
 Warwick ... 
 
 1,720 
 
 Stafford 
 
 786 
 
 Bedford 
 
 2,600 
 
 Lancaster. . . 
 
 4,293 
 
 Kent 
 
 744 
 
 York(N.R.) 
 
 2,730 
 
 Lancaster... 
 
 4,666 
 
 Lancaster. . . 
 
 5,135 
 
 Northampton 
 
 1,783 
 
 Surrey 
 
 6,006 
 
 Lancaster... 
 
 4,180 
 
 York (W.R.) 
 
 5,031 
 
 Southampton 
 
 1,226 
 
 Lancaster... 
 
 6,586 
 
 Huntingdon 
 
 2,115 
 
 Lancaster. . . 
 
 5,208 
 
 York (W.R.) 
 
 19,651 
 
 Lancaster... 
 
 3,665 
 
 Durham 
 
 1,839 
 
 Chester & Lancaster 
 
 783 
 
 Stafford ... 
 
 1,720 
 
 Somerset ... 
 
 1,249 
 
 Northumberland. . . 
 
 4,303 
 
 York (W.R.) 
 
 1,517 
 
 Lancaster & Chester 
 
 1,372 
 
 Stafford 
 
 3,396 
 
 Denbigh ... 
 
 1,297 
 
 Somerset ... 
 
 600 
 
 ■•• ••• ••• 
 
 211,407 
 
 ••• •«• ••• 
 
 760,942 
 
 * City and Boroughs incorporated since the Census of 1871. 
 
 t Manchester was raised to the dignity and style of a City by Letters Patent in 1853.
 
 THEIR GROWTH AND DEVELOPMENT. 27 
 
 SUMMARY AND COMPARISONS. 
 
 Cities and Boroughs named in Schedules A and B of 5 and G 
 
 William IV., c. 76 178 
 
 Cities and Boroughs incorporated since the passing of the 
 
 above Act to the year 1878 inclusive ... ... ... 62 
 
 Total 240 
 
 Cities and Boroughs (under 5 & 6 William IV. c. 7G) which 
 
 are Counties of themselves are in number ... ... 18 
 
 Approximate extent in Square Miles of the Areas set out 
 
 in Col. 1 (Table 1) 736 
 
 Approximate extent in Square Miles of the Areas set out 
 
 in Col. 2 (Tables 1 and 2) 1,189 
 
 Increase between 1835 {ancient area) and 1879, Square Miles 453 
 
 Area in Statute Acres as set out in Col. 1 (Table 1) ... 470,992 
 
 ft }) 
 
 „ 2 (Tables 1 and 2) 760,942 
 Increase bettceen 1835 {ancient area) and 1879, Acres ... 289,950 
 
 (2) Population and Inhabited Houses. 
 
 The Tables under this head, although not affording much latitude 
 for introductory observations, supply valuable information as to the 
 increased influence of reformed municipal government. 
 
 Of the 285 places where an inquiry was instituted by the Municipal 
 Commissioners, 246 [as stated at page 11] advanced satisfactory 
 reasons for believing them to be in the possession of (or exercising) 
 municipal functions, but certain boroughs, having quasi-municipal
 
 28 ENGLISH MUNICIPAL INSTITUTIONS j 
 
 institutions, brought up the whole number of places enjoying 
 chartered or prescriptive municipal privileges to 263. The aggregate 
 population contained within the old corporate limits of these 
 boroughs was 2,110,186 ; but that of the actual towns and suburbs 
 was 3,907,177. These figures were based upon the census of 1831, 
 and included those for the metropolis. The population within the 
 city walls was then 122,395 ; but that of the city and its suburbs, 
 combined, 1,511,586. Excluding London (still an unreformed 
 corporation) and its suburbs, the total population in the provinces 
 residing within municipal jurisdictions was 1,987,791, and that 
 within the actual municipal towns and their suburbs, 2,395,591. 
 The estimated population brought within the amended boundaries of 
 the 178 reformed cities and boroughs, on the 1st of November, 1835, 
 calculated on the census of 1831, was 2,193,407 (Col. 4— Table 1) ; the 
 estimated population of the 240 cities and boroughs now under the Act, 
 on the 1st of March, 1879, was 8,152,444 (Col. 7— Tables 1 and 2.) 
 
 It follows, as a matter of course, that the current population 
 figures for many of those boroughs — set out in Table 1 — which 
 were confined to their ancient limits by the provisions of 5 and 6 
 Will, c. 76, and 6 and 7 Will. lY., cap. 103, do not represent the 
 number of inhabitants contained with the actual towns and their 
 suburbs. Stratford-upon-Avon may be cited as shewing a fair case 
 in point. In 1835 even, the houses and population had outgrown the 
 corporate area, and the Commissioners recommended a boundary 
 embracing a population of about 4,312 persons, and 975 qualifying 
 houses, the excess of population resident in the town, but not in the 
 borough, being 824. The estimated population of the town in 1879 
 is 7,000 ; that of the borough, 3,863 — the same as shewn by the 
 census of 1871 (or a difference of 3,137).* 
 
 Columns 2 and 3 of Table 1 have been compiled from the Census 
 Keturns of the year 1831, but the corrected figures of the Inquiry 
 and Boundary Commissioners have, wherever they occur, been 
 inserted; Column 3 from the report of the Inquiry Commission- 
 ers ; Columns 5 and 6 from the Census Returns of 1871 ; and 
 Column 7 is the result of an application to the principal officials of 
 each city or borough, made so recently as the 1st of March in the 
 present year (1879). Where the answer with respect to this column 
 has been " same as 1871," or " little or no alteration from 1871," the 
 totals of the Census Ileport of that year have been inserted for 1879. 
 
 * The Town Council are promoting a Bill in the present session of Parliament 
 (1879), for the extension of the corporate area over the whole town.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 29 
 
 TABLE 1. (Part IV., Sec. 2.)— Cities and Boroughs named in Schedules 
 A AND B OF 5 AND 6 WiLLIAM IV., c. 7G (1835.) 
 
 
 within 
 unicipal 
 831.) 
 
 Houses 
 
 nt Muni- 
 
 (1831.) 
 
 OS -fca Tr 
 
 within 
 ,1 Limits 
 of 1871.) 
 
 Houses 
 unicipal 
 
 census 
 1.) 
 
 3 -so 
 
 o =2 
 
 Cities and Boboughs. 
 
 tion 
 ieutM 
 aits (1 
 
 ted 
 
 Ancie; 
 
 liimits 
 
 .2 -^ 2 « 
 
 tion 
 
 nicipa 
 
 insus 
 
 ted 
 M 
 
 (per 
 of 187 
 
 ted 
 
 ithin 
 
 limits 
 
 
 
 1 
 Inliabi 
 within 
 cipal ] 
 
 Popula 
 the Li: 
 under t 
 (per ce 
 
 Popula 
 theMu 
 (per cc 
 
 Inhabi 
 within 
 Limits 
 
 Estimn 
 
 tion w 
 
 pal 1 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5. 
 
 Col. C. 
 
 Col. 7. 
 
 Aberystwith 
 
 4,128 
 
 712 
 
 4,140 
 
 6,898 
 
 1,350 
 
 7,000 
 
 Abingdon 
 
 5,259 
 
 1,139 
 
 5,259 
 
 5,799 
 
 1,243 
 
 7,000 
 
 Andover 
 
 4,748 
 
 904 
 
 4,748 
 
 5,501 
 
 1,132 
 
 5,970 
 
 Arundel 
 
 2,803 
 
 517 
 
 2,803 
 
 2,956 
 
 546 
 
 2,956 
 
 Banbury 
 
 3,737 
 
 702 
 
 3,737 
 
 4,122 
 
 826 
 
 4,150 
 
 Barnstaple 
 
 6,840 
 
 1,081 
 
 8,340 
 
 11,659 
 
 2,318 
 
 12,500 
 
 Basingstoke 
 
 3,581 
 
 701 
 
 3,581 
 
 5,574 
 
 1,164 
 
 6,500 
 
 Bath 
 
 38,003 
 
 5,063 
 
 50,817 
 
 "52,557 
 
 8,332 
 
 53,000 
 
 Beaumaris 
 
 2,4!)7 
 
 410 
 
 2,497 
 
 2,291 
 
 490 
 
 2,291 
 
 Beccles 
 
 3,862 
 
 830 
 
 3,862 
 
 4,844 
 
 1,097 
 
 5,000 
 
 Bedford 
 
 6,959 
 
 1,397 
 
 6,959 
 
 16,850 
 
 3,376 
 
 18,500 
 
 Berwick-upon-Tweed 
 
 8,920 
 
 1,190 
 
 13,000 
 
 13,282 
 
 2,102 
 
 13,282 
 
 Beverley 
 
 8,263 
 
 1,805 
 
 8,263 
 
 10,218 
 
 2,380 
 
 10,500 
 
 Bewdley 
 
 3,908 
 
 851 
 
 3,908 
 
 3,021 
 
 710 
 
 3,021 
 
 Bideford 
 
 4,846 
 
 916 
 
 4,846 
 
 6,969 
 
 1,355 
 
 * 6,319 
 
 Blandford 
 
 1,500 
 
 229 
 
 1,500 
 
 1,536 
 
 285 
 
 1,536 
 
 Bodniin 
 
 3,375 
 
 563 
 
 3,375 
 
 4,672 
 
 787 
 
 4,672 
 
 Boston 
 
 11,240 
 
 2,437 
 
 11,240 
 
 14,526 
 
 3,247 
 
 17,000 
 
 Brecon 
 
 5,414 
 
 1,071 
 
 5,414 
 
 5,845 
 
 1,174 
 
 6,000 
 
 Bridgnorth 
 
 5,298 
 
 1,113 
 
 5,298 
 
 5,876 
 
 1,253 
 
 5,876 
 
 Bridgwater 
 
 6,953 
 
 1,250 
 
 7,279 
 
 12,059 
 
 2,393 
 
 12,250 
 
 Bridport 
 
 4,242 
 
 625 
 
 6,222 
 
 7,670 
 
 1,555 
 
 7,670 
 
 Bristol 
 
 59,034 
 
 8,465 
 
 104,338 
 
 182,552 
 
 27,536 
 
 207,000 
 
 Buckingham 
 
 3,610 
 
 710 
 
 3,610 
 
 3,703 
 
 810 
 
 3,703 
 
 Bury St. Edmund's 
 
 11,436 
 
 2,231 
 
 11,436 
 
 14,928 
 
 3,133 
 
 15,000 
 
 Calne 
 
 2,640 
 
 * 500 
 
 2,640 
 
 2,468 
 
 528 
 
 2,500 
 
 Cambridge 
 
 20,917 
 
 4,007 
 
 20,917 
 
 30,078 
 
 6,251 
 
 35,000 
 
 Canterbury 
 
 12,190 
 
 2,661 
 
 16,112 
 
 20,962 
 
 4,170 
 
 21,000 
 
 Cardifi" 
 
 6,187 
 
 1,191 
 
 6,187 
 
 39,536 
 
 5,339 
 
 80,000 
 
 Cardigan 
 
 2,795 
 
 560 
 
 3,795 
 
 3,461 
 
 923 
 
 3,500 
 
 Carlisle 
 
 8,356 
 
 2,696 
 
 17,554 
 
 31,049 
 
 6,065 
 
 35,000 
 
 Carmarthen 
 
 9,955 
 
 1,563 
 
 9,955 
 
 10,488 
 
 1,984 
 
 10,500 
 
 Carnarvon 
 
 6,877 
 
 * 1,477 
 
 6,877 
 
 9,449 
 
 1,975 
 
 § 9,431 
 
 Chard 
 
 2,511 
 
 * 450 
 
 2,511 
 
 2,400 
 
 487 
 
 2,400 
 
 Chester 
 
 21,363 
 
 4,096 
 
 22,263 
 
 35,257 
 
 6,731 
 
 38,000 
 
 Chesterfield ... ... 
 
 5,775 
 
 1,208 
 
 5,775 
 
 11,427 
 
 2,228 
 
 13,000 
 
 Chichester 
 
 6,591 
 
 1,514 
 
 8,270 
 
 7,825 
 
 1,580 
 
 9,000 
 
 Chippenham 
 
 3,201 
 
 *400 
 
 3,201 
 
 1,387 
 
 290 
 
 1,387 
 
 Chipping Norton ... 
 
 2,262 
 
 478 
 
 2,262 
 
 3,641 
 
 704 
 
 4,000 
 
 Chipping Wycombe 
 
 3,198 
 
 602 
 
 3,198 
 
 4,811 
 
 977 
 
 4,811 
 
 Clitheroe 
 
 5,213 
 
 888 
 
 5,213 
 
 8,208 
 
 1,664 
 
 8,500 
 
 Colchester 
 
 16,167 
 
 3,216 
 
 16,167 
 
 26,343 
 
 4,890 
 
 29,000 
 
 Congleton 
 
 9,352 
 
 1,719 
 
 9,352 
 
 11,344 
 
 2,559 
 
 11,344 
 
 Approximate figures.
 
 30 
 
 ENGLISH MUNICIPAL INSTITUTIONS } 
 
 TABLE 1. (Part IV., Sec. 2.)— continued. 
 
 
 d.A^ 1 
 
 ?=.i^ 
 
 d-^"?^ 
 
 C-- 
 
 cr. ^ 7j 
 
 .., 1 
 
 
 withi 
 
 Mun 
 
 s (1831, 
 
 House 
 
 nt Mun 
 (1831. 
 
 withi 
 adopte 
 :tof 183 
 of 1831. 
 
 withi: 
 il Limit 
 of 1871. 
 
 House 
 unicipr 
 ■ cousu 
 71.) 
 
 Populf 
 Mimic 
 (1879.) 
 
 ClTIBS AKD BOBOUGHS. 
 
 on 
 
 ient 
 
 imit. 
 
 d 
 
 ticie: 
 mits 
 
 
 
 - ^52 
 
 -c's a 
 
 
 Populati 
 the Anc 
 cipal Li 
 
 Inhabite 
 withinAi 
 cipal Lii 
 
 Populati 
 the Lim 
 under th 
 (per cen 
 
 Populati 
 the Muni 
 (per ceni 
 
 Inhabite 
 
 witliin 
 
 Limits 
 
 
 
 Estimate 
 
 tion wit 
 
 pal Li] 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Coventry 
 
 27,298 
 
 5,444 
 
 27,298 
 
 37,670 
 
 8,535 
 
 40,000 
 
 Dartmouth 
 
 4,447 
 
 * 750 
 
 4,662 
 
 5,338 
 
 831 
 
 5,338 
 
 Daventry 
 
 3,646 
 
 735 
 
 3,646 
 
 4,051 
 
 894 
 
 4,051 
 
 Deal 
 
 7,268 
 
 1,391 
 
 7,268 
 
 8,009 
 
 1,727 
 
 8,500 
 
 Denbigh 
 
 3,786 
 
 742 
 
 3,786 
 
 6,323 
 
 1,362 
 
 6,323 
 
 Derby ^ 
 
 17,623 
 
 4,842 
 
 17,623 
 
 49,810 
 
 10,306 
 
 75,000 
 
 Devizes 
 
 4^562 
 
 810 
 
 6,367 
 
 6,839 
 
 1,352 
 
 6,839 
 
 Doncaster 
 
 10,801 
 
 2,291 
 
 10,801 
 
 18,768 
 
 4,092 
 
 21,000 
 
 Dorchester 
 
 2,892 
 
 426 
 
 4,940 
 
 6,915 
 
 1,091 
 
 8,000 
 
 Dover 
 
 11,922 
 
 2,095 
 
 15,298 
 
 28,506 
 
 4,444 
 
 30,000 
 
 Droitwich 
 
 2,487 
 
 519 
 
 2,487 
 
 3,504 
 
 719 
 
 3,504 
 
 Durham 
 
 9,269 
 
 1,288 
 
 9,269 
 
 14,406 
 
 2,349 
 
 15,000 
 
 Evesham 
 
 3,976 
 
 813 
 
 3,976 
 
 4,888 
 
 1,001 
 
 5,000 
 
 Exeter 
 
 28,285 
 
 4,056 
 
 28,285 
 
 34,650 
 
 5,868 
 
 37,000 
 
 Eye 
 
 2,313 
 
 397 
 
 2,313 
 
 2,396 
 
 500 
 
 2,505 
 
 Fahnouth 
 
 4,761 
 
 652 
 
 4,761 
 
 5,294 
 
 655 
 
 5,400 
 
 Faversham 
 
 3,800 
 
 737 
 
 3,800 
 
 7,198 
 
 1,437 
 
 10,000 
 
 Flint 
 
 2,216 
 
 469 
 
 2,216 
 
 4,269 
 
 905 
 
 5,000 
 
 Folkestone 
 
 3,750 
 
 719 
 
 3,750 
 
 12,698 
 
 2,207 
 
 15,000 
 
 Gateshead 
 
 15,177 
 
 2,317 
 
 15,300 
 
 48,627 
 
 6,386 
 
 62,500 
 
 Glastonbury 
 
 2,800 
 
 553 
 
 2,800 
 
 3,668 
 
 763 
 
 3,800 
 
 Gloucester 
 
 11,373 
 
 2,069 
 
 13,000 
 
 18,341 
 
 3,093 
 
 32,000 
 
 Godalming 
 
 4,000 
 
 * 542 
 
 4,000 
 
 2,444 
 
 500 
 
 2,444 
 
 Godmanchester 
 
 2,146 
 
 457 
 
 2,146 
 
 2,363 
 
 565 
 
 2,363 
 
 Grantham 
 
 4,496 
 
 818 
 
 4,496 
 
 5,028 
 
 971 
 
 6,000 
 
 Gravesend 
 
 7,330 
 
 * 1,200 
 
 7,330 
 
 21,265 
 
 3,485 
 
 21,265 
 
 Grim.sby (Great) 
 
 4,225 
 
 774 
 
 4,225 
 
 20,244 
 
 4,038 
 
 20,244 
 
 Guildford 
 
 3,743 
 
 630 
 
 4,833 
 
 9,106 
 
 1,675 
 
 10,500 
 
 Harwich 
 
 4,297 
 
 660 
 
 4,297 
 
 6,079 
 
 949 
 
 7,000 
 
 Hastings 
 
 10,097 
 
 1,617 
 
 10,097 
 
 29,291 
 
 4,361 
 
 40,000 
 
 Haverfordwest 
 
 4,139 
 
 748 
 
 5,240 
 
 6,622 
 
 1,378 
 
 6,622 
 
 Helston 
 
 3,293 
 
 581 
 
 3,293 
 
 3,797 
 
 770 
 
 3,797 
 
 Hereford 
 
 11,034 
 
 2,069 
 
 11,034 
 
 18,347 
 
 3,656 
 
 20,000 
 
 Hertford 
 
 5,631 
 
 841 
 
 5,860 
 
 7,169 
 
 1,356 
 
 7,300 
 
 Hull 
 
 36,293 
 
 6,026 
 
 49,727 
 
 121,892 
 
 25,119 
 
 147,000 
 
 Huntingdon 
 
 3,267 
 
 627 
 
 3,267 
 
 4,243 
 
 843 
 
 4,243 
 
 Hythe 
 
 2,437 
 
 453 
 
 2,437 
 
 3,383 
 
 655 
 
 4,000 
 
 Ipswich 
 
 20,454 
 
 4,116 
 
 20,454 
 
 42,947 
 
 9,306 
 
 47,000 
 
 Kendal 
 
 11,000 
 
 2,092 
 
 11,577 
 
 13,446 
 
 2,727 
 
 13,446 
 
 Kidderminster 
 
 14,981 
 
 2,768 
 
 16,000 
 
 19,473 
 
 4,048 
 
 22,000 
 
 King's Lynn 
 
 13,370 
 
 2,707 
 
 13,370 
 
 16,562 
 
 3,772 
 
 17,000 
 
 Kingston-on-Thames 
 
 9,411 
 
 * 2,000 
 
 9,411 
 
 15,263 
 
 2,671 
 
 18,500 
 
 Lanca.ster 
 
 12,613 
 
 1,975 
 
 12,613 
 
 17,245 
 
 3,081 
 
 20,000 
 
 Launceston 
 
 2,669 
 
 324 
 
 2,669 
 
 2,935 
 
 546 
 
 3,200 
 
 * Approximate figures.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 31 
 
 TABLE 1. (Part IV., Sec. 2.)— continued. 
 
 Cities and BonouGHS. 
 
 g-o.S" 
 
 £-.^ 
 
 w 
 
 13 »'-< 
 
 ^ -i- "^ 
 
 n >. u 
 
 E C (4-t f-l 
 C --- O £0 
 
 es-- -^ oi 
 
 (£5is 
 
 
 o o ^ 
 c: ^ ^ 
 
 o S a 
 
 IB— -/I 
 
 a) a 3 
 
 13 f^-^ 
 
 a 
 
 .§ 
 « c 
 
 3 
 
 Col. 1. 
 
 Leeds 
 
 Leicester 
 
 Leominster 
 
 Lichfield 
 
 Lincoln 
 
 Liskeard 
 
 Liveqiool 
 
 Llandovery 
 
 Llanidloes 
 
 Louth 
 
 Ludlow 
 
 Lyme Regis 
 
 Lymington 
 
 Macclesfield 
 
 Maidenhead 
 
 Maidstone 
 
 Maldon 
 
 Mai'lborough 
 
 Monmouth 
 
 Morpeth 
 
 Neath 
 
 Newark 
 
 Newbury 
 
 Newcastle- under- Ljaue 
 Newcastle-on-Tyne ... 
 Ne-svj^ort (Isle of 
 
 Wight) 
 Newj^ort (Mon.) 
 
 Northampton 
 
 Norwich 
 
 Nottingham 
 
 Oswestry 
 
 Oxford 
 
 Pembroke 
 
 Penrj'n 
 
 Penzance 
 
 Plymo\ith 
 
 Pontefract 
 
 Poole 
 
 Portsmouth 
 
 Preston 
 
 PwUheli 
 
 Reading 
 
 Retford (East) 
 
 Col. 2. 
 
 123,393 
 
 40,512 
 4,300 
 6,261 
 
 11,742 
 3,034 
 165,175 
 1,766 
 2,562 
 6,976 
 5,253 
 2,407 
 2,000 
 
 23,129 
 2,500 
 
 15,387 
 3,831 
 3,426 
 5,105 
 3,890 
 4,043 
 9,557 
 5,959 
 8,192 
 
 42,760 
 4,398 
 
 4,898 
 
 15,351 
 
 61,096 
 
 50,220 
 
 * 6,000 
 
 19,370 
 
 4,383 
 
 3,521 
 
 6,563 
 
 31,080 
 
 4,832 
 
 6,459 
 
 46,282 
 
 33,112 
 
 2,091 
 
 15,595 
 
 2,491 
 
 Col. 3. 
 
 25,456 
 
 8,348 
 
 868 
 
 1,286 
 
 2,417 
 
 423 
 
 25,732 
 
 427 
 
 553 
 
 1,447 
 
 909 
 
 423 
 
 *400 
 
 4,543 
 
 *450 
 
 2,844 
 
 671 
 
 544 
 
 894 
 
 560 
 
 842 
 
 2,022 
 
 1,256 
 
 1,578 
 
 5,048 
 
 771 
 
 1,000 
 
 3,091 
 
 13,156 
 
 10,407 
 
 * 1,200 
 
 3,402 
 
 1,079 
 
 598 
 1,264 
 3,300 
 
 995 
 1,315 
 8,607 
 6,184 
 
 395 
 3,081 
 
 507 
 
 Col. 4. 
 
 123,393 
 
 40,512 
 5,249 
 6,508 
 
 11,742 
 3,034 
 185,000 
 1,766 
 2,700 
 6,976 
 5,253 
 2,407 
 2,000 
 
 30,000 
 2,500 
 
 15,387 
 3,831 
 3,426 
 5,351 
 3,890 
 4,500 
 9,557 
 5,959 
 8,300 
 
 53,613 
 6,700 
 
 6,500 
 
 15,351 
 
 61,096 
 
 50,220 
 
 * 6,000 
 
 21,345 
 
 6,400 
 
 3,521 
 
 6,563 
 
 31,080 
 
 4,832 
 
 8,216 
 
 50,389 
 
 33,871 
 
 2,200 
 
 15,595 
 
 2,491 
 
 Col. 5. 
 
 259,212 
 
 95,220 
 5,863 
 7,347 
 
 26,766 
 
 4,700 
 
 493,405 
 
 1,861 
 
 3,428 
 
 10,500 
 5,087 
 2,333 
 2,474 
 
 35,450 
 6,173 
 
 26,196 
 5,586 
 3,660 
 5,879 
 4,517 
 9,319 
 
 12,195 
 6,602 
 
 15,948 
 
 128,443 
 
 7,956 
 
 27,069 
 41,168 
 80,386 
 86,621 
 
 7,306 
 31,404 
 13,704 
 
 3,679 
 10,414 
 68,758 
 
 5,350 
 
 10,097 
 
 113,569 
 
 85,427 
 
 3,009 
 32,324 
 
 3,194 
 
 Col. 6. 
 
 55,827 
 
 19,800 
 
 1,252 
 
 1,553 
 
 5,523 
 
 849 
 78,403 
 
 406 
 
 737 
 2,493 
 1,081 
 
 509 
 
 474 
 8,418 
 1,168 
 4,685 
 1,151 
 
 636 
 1,199 
 
 683 
 1,831 
 2,711 
 1,448 
 3,180 
 16,460 
 1,625 
 
 4,023 
 
 7,594 
 
 18,321 
 
 17,911 
 
 1,483 
 
 6,139 
 
 2,513 
 
 781 
 
 2,130 
 
 7,289 
 
 1,146 
 
 2,127 
 
 19,088 
 
 16,508 
 
 705 
 
 6,016 
 
 688 
 
 Col. 7. 
 
 306,000 
 
 120,000 
 
 5,863 
 
 7,500 
 
 33,000 
 
 4,700 
 
 532,681 
 
 1,861 
 
 3,500 
 
 10,500 
 
 5,087 
 
 3,000 
 
 2,500 
 
 36,000 
 
 8,000 
 
 30,000 
 
 5,600 
 
 3,660 
 
 5,879 
 
 5,000 
 
 12,000 
 
 12,500 
 
 10,000 
 
 20,000 
 
 153,000 
 
 9,021 
 
 40,000 
 
 48,000 
 
 85,000 
 
 180,000 
 
 9,012 
 40,000 
 15,000 
 
 3,800 
 11,000 
 75,000 
 
 7,500 
 
 10,097 
 
 132,000 
 
 87,600 
 
 3,009 
 38,000 
 
 9,000 
 
 * Approximate figures.
 
 6Z ENG 
 
 LISH MUNICIPAL INSTITUTIONS , 
 
 
 
 TABLE 1. (Pakt IV., 
 
 Sec. 2.) — continued. 
 
 
 
 
 O.i.— . 
 
 rL .Xi ^^ 
 
 a -rt 10-^ 
 
 1 d w— . 
 
 »-.-./> 1 . . 
 
 
 
 
 withi: 
 adoptci 
 ;tof 183 
 of 1831. 
 
 withii 
 ll Limit 
 of 1871. 
 
 £-S 9 
 
 c =2 
 
 Cities AjfD BObocges. 
 
 «§■! 
 
 
 a'S<^ 
 
 S.&2 
 
 ^^ai 
 
 s5 
 
 
 c's a 
 
 'c s a 
 
 <^ 'P OQ 
 
 o'S 5 
 
 
 'C "p. '^ 
 
 
 1^^ 
 
 1^^ 
 
 •■5 Hj S 
 
 Is" 
 
 s ~^=" 
 
 w 
 
 ^r ri 
 
 
 Em 
 
 S'^ " 
 
 Pop 
 
 the 
 
 und 
 
 (pci 
 
 eg g 
 
 
 ip 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 6. 
 
 Col. 6. 
 
 Col. 7. 
 
 Richmond (Yorks.) ... 
 
 3,900 
 
 773 
 
 3,900 
 
 4,443 
 
 904 
 
 4,443 
 
 Ripon 
 
 5,080 
 
 1,097 
 
 5,700 
 
 6,806 
 
 1,516 
 
 6,806 
 
 Rocliester 
 
 9,891 
 
 1,738 
 
 12,058 
 
 18,352 
 
 3,435 
 
 20,000 
 
 Romsey 
 
 5,432 
 
 1,296 
 
 5,432 
 
 2,056 
 
 436 
 
 4,500 
 
 Ruthin 
 
 3,376 
 
 747 
 
 3,376 
 
 3,298 
 
 759 
 
 5,000 
 
 Rye 
 
 3,366 
 
 680 
 
 3,366 
 
 3,865 
 
 847 
 
 4,200 
 
 Saffron Walden 
 
 4,762 
 
 941 
 
 4,762 
 
 5,718 
 
 1,224 
 
 5,890 
 
 St. Alban's 
 
 4,772 
 
 800 
 
 5,771 
 
 8,298 
 
 1,738 
 
 10,000 
 
 St. Ives (Cornwall)... 
 
 4,776 
 
 924 
 
 4,776 
 
 6,965 
 
 1,556 
 
 6,965 
 
 Salisbury 
 
 9,338 
 
 1,871 
 
 11,672 
 
 12,903 
 
 2,588 
 
 14,500 
 
 Sandwich 
 
 3,084 
 
 577 
 
 3,084 
 
 3,060 
 
 666 
 
 3,060 
 
 Scarborough 
 
 8,760 
 
 1,848 
 
 8,760 
 
 24,259 
 
 5,161 
 
 28,750 
 
 Shaftesbury 
 
 2,742 
 
 *450 
 
 2,742 
 
 2,472 
 
 485 
 
 2,472 
 
 Shrewsbury 
 
 16,055 
 
 * 3,000 
 
 21,297 
 
 23,406 
 
 4,811 
 
 24,200 
 
 S outhampton 
 
 19,324 
 
 4,059 
 
 19,324 
 
 53,741 
 
 9,091 
 
 58,300 
 
 South Molton 
 
 3,826 
 
 783 
 
 3,826 
 
 3,978 
 
 855 
 
 3,978 
 
 South wold .- 
 
 1,875 
 
 431 
 
 1,875 
 
 2,115 
 
 494 
 
 2,115 
 
 Stafford ...• 
 
 6,956 
 
 1,216 
 
 7,996 
 
 14,437 
 
 2,650 
 
 20,000 
 
 Stamford 
 
 5,837 
 
 1,078 
 
 7,062 
 
 7,846 
 
 1,671 
 
 8,000 
 
 Stockport 
 
 25,469 
 
 4,973 
 
 41,000 
 
 53,014 
 
 11,122 
 
 55,000 
 
 Stockton-on-Tees ... 
 
 1,940 
 
 *330 
 
 1,940 
 
 27,738 
 
 4,976 
 
 35,000 
 
 Stratford-on-Avon ... 
 
 3,488 
 
 673 
 
 3,488 
 
 3,863 
 
 817 
 
 3,863 
 
 Sudbury 
 
 4,677 
 
 971 
 
 5,500 
 
 6,908 
 
 1,495 
 
 7,000 
 
 Sunderland 
 
 17,060 
 
 1,744 
 
 40,735 
 
 98,242 
 
 12,761 
 
 114,000 
 
 Swansea 
 
 13,256 
 
 2,582 
 
 8,600 
 
 51,702 
 
 9,254 
 
 75,000 
 
 Tamwoi'th 
 
 3,537 
 
 729 
 
 3,537 
 
 4,.589 
 
 958 
 
 5,000 
 
 Tenby 
 
 1,942 
 
 362 
 
 1,942 
 
 3,810 
 
 661 
 
 4,500 
 
 Tenterden 
 
 3,300 
 
 548 
 
 3,300 
 
 3,669 
 
 739 
 
 3,669 
 
 Tewkesbury 
 
 4,563 
 
 1,245 
 
 5,780 
 
 5,409 
 
 1,218 
 
 5,409 
 
 Thetford 
 
 3,462 
 
 675 
 
 3,462 
 
 4,166 
 
 915 
 
 4,166 
 
 Tiverton 
 
 9,776 
 
 2,034 
 
 9,776 
 
 10,024 
 
 2,172 
 
 10,024 
 
 Torrington (Great) ... 
 
 3,093 
 
 633 
 
 3,093 
 
 3,529 
 
 727 
 
 3,529 
 
 Totnes 
 
 3,308 
 
 375 
 
 3,942 
 
 4,073 
 
 742 
 
 4,073 
 
 Truro 
 
 3,104 
 
 523 
 
 8,291 
 
 11,049 
 
 2,405 
 
 11,049 
 
 Wallingf ord 
 
 2,645 
 
 476 
 
 2,645 
 
 2,972 
 
 567 
 
 3,000 
 
 WalsaU 
 
 15,066 
 
 3,108 
 
 15,066 
 
 46,447 
 
 9,044 
 
 55,000 
 
 Warwick 
 
 9,109 
 
 1,715 
 
 9,109 
 
 10,986 
 
 2,418 
 
 11,500 
 
 WeUs 
 
 3,430 
 
 576 
 
 4,603 
 
 4,518 
 
 900 
 
 4,518 
 
 Welshpool 
 
 4,700 
 
 993 
 
 4,700 
 
 6,983 
 
 1,479 
 
 7,300 
 
 Wenlock 
 
 17,435 
 
 3,642 
 
 17,435 
 
 19,401 
 
 4,090 
 
 20,000 
 
 Weymouth and Mel- 
 
 7,655 
 
 1,320 
 
 8,095 
 
 13,259 
 
 2,198 
 
 15,000 
 
 combe Regis 
 
 
 
 
 
 
 
 Wigan 
 
 20,774 
 
 3,870 
 
 20,774 
 
 39,110 
 
 7,135 
 
 45,500 
 
 Winchester 
 
 5,280 
 
 832 
 
 9,292 
 
 16,366 
 
 2,720 
 
 20,000 
 
 Approximate figures.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 33 
 
 TABLE 1. (Part IV., Sec. 2)—contimied. 
 
 
 within 
 Mimici- 
 (1831.) 
 
 (—1 -^ '— ' 
 
 
 Life 
 
 ^ o 
 
 Houses 
 unicipal 
 
 census 
 1.) 
 
 
 Cities asd Boroughs. 
 
 tion 
 
 cient 
 
 imits 
 
 ted 
 
 Ancie 
 
 Limit 
 
 tion 
 mits 
 he Ac 
 nsus 
 
 « a a 
 
 1^ O X 
 
 III 
 
 * 
 
 Popula 
 
 the An 
 
 pal I 
 
 Inhnbi 
 
 within 
 
 cipal ] 
 
 Popula 
 tlie Li 
 under t 
 (per ce 
 
 Populn 
 the Mu 
 (per ce 
 
 Inhnbi 
 within 
 Limits 
 
 Estimn 
 
 tion w 
 
 pa L 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5. 
 
 Col. 0. 
 
 Col. 7. 
 
 Windsor 
 
 G,129 
 
 * 1,500 
 
 7,071 
 
 11,769 
 
 1,832 ; 
 
 12,000 
 
 Wisbech 
 
 7,253 
 
 1,633 
 
 8,777 
 
 9,362 
 
 2,162 1 
 
 10,400 
 
 Worcester 
 
 18,590 
 
 3,568 
 
 27,000 
 
 33,226 
 
 6,970 
 
 35,000 
 
 Yarmouth (Great) ... 
 
 23,332 
 
 4,570 
 
 25,448 
 
 41,810 
 
 9,153 ' 
 
 47,000 
 
 York 
 
 Total 
 
 2C,2G0 
 
 4,586 
 
 26,260 
 
 43,796 
 
 9,140 ! 
 
 50,000 
 
 1,955,131 
 
 359,666 
 
 2,193,407 
 
 3,996,770 
 
 737,215 
 
 4,654,302 
 
 * Approximate figures. 
 
 TABLE 2. (Part IV., Sbc. 2.) — CIties and Boroughs incorporated since 
 
 THE PASSING OF 5 AND 6 WiLLIAM IV. C. 76 (1835.) 
 
 
 a .i 
 
 tc .X 
 
 B— ; o -^ 
 
 a =£— ^ 
 
 K •— to 
 
 , , 
 
 
 ^ ~ n 
 
 
 ■^Bi 
 
 leg 
 
 I.E-3 
 
 
 CiTIBS iKD BOBOUGSS. 
 
 n w 
 nt Ml 
 ts (18 
 
 
 c^"* a 
 
 a-S-'g 
 
 
 a *i 
 
 
 O o g 
 
 TS 3 a 
 
 o.ie o S 
 
 C $i M 
 
 TT S-^'^ 
 
 *?- a 
 
 
 a 3 J 
 
 1^3 
 
 1.25 g 
 
 ■-Sea 
 
 a " o 
 
 
 tt'^ 
 
 
 Popnl 
 
 the A 
 
 pal J 
 
 d - -* 
 
 ■a t3 £, 
 5i-5 
 
 Popnl 
 tho L 
 undci 
 (per c 
 
 Popnl 
 the Ml 
 (perc 
 
 Inhnb 
 withii 
 Limit 
 
 
 Col.Jl. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5. 
 
 Col. C. 
 
 Col. 7. 
 
 Aberavon 
 
 573 
 
 
 
 3,574 
 
 684 
 
 5,000 
 
 Accrington 
 
 • • • 
 
 • • • 
 
 • • • 
 
 § 21,788 
 
 § 4,401 
 
 30,000 
 
 Ashton-under-Lyne. . 
 
 • • • 
 
 • • • 
 
 > • • 
 
 31,984 
 
 6,678 
 
 34,000 
 
 Barnsley 
 
 ■ • • 
 
 ■ ■ • 
 
 • • • 
 
 23,021 
 
 4,595 
 
 30,000 
 
 Barrow-in-Furness .. 
 
 , , . 
 
 • • • 
 
 • • • 
 
 18,245 
 
 2,728 
 
 40,000 
 
 Batley 
 
 ■ ■ ■ 
 
 . • • 
 
 > ■ • 
 
 20,871 
 
 4,371 
 
 27,000 
 
 Birkenhead 
 
 • • • 
 
 ■ • • 
 
 • • • 
 
 § 65,971 
 
 §10,243 
 
 81,000 
 
 Birmingham 
 
 ■ • • 
 
 • • ■ 
 
 • • • 
 
 343,787 
 
 68,532 
 
 400,000 
 
 Blackburn 
 
 ... 
 
 ... 
 
 ... 
 
 76,339 
 
 14,690 
 
 96,000 
 
 Bhickpool 
 
 ■ • • 
 
 • • • 
 
 ... 
 
 § 7,092 
 
 § 1,302 
 
 14,000 
 
 Bolton 
 
 ■ ■ • 
 
 ■ ■ ■ 
 
 . . . 
 
 82,853 
 
 16,286 
 
 105,000 
 
 Bootle-cum-Linacre . 
 
 • • ■ 
 
 ■ • • 
 
 ■ • • 
 
 16,247 
 
 2,519 
 
 25,000 
 
 Bradf ( )rd (Yorkshire) 
 
 • • • 
 
 • • ■ 
 
 • • • 
 
 145,830 
 
 29,408 
 
 191,046 
 
 Brighton 
 
 • • . 
 
 ■ • • 
 
 ■ • • 
 
 90,011 
 
 14,438 
 
 104,000 
 
 Burnley 
 
 • ■ • 
 
 • • • 
 
 • • • 
 
 40,858 
 
 8,040 
 
 52,500 
 
 Burslem 
 
 ■ ■ • 
 
 • • • 
 
 • ■ • 
 
 § 25,562 
 
 § 4,781 
 
 30,000 
 
 Burtou-on-Trent ... 
 
 • • • 
 
 • t • 
 
 • • • 
 
 § 29,305 
 
 § 5,857 
 
 30,000 
 
 Bury (Lane.) 
 
 . ■ ■ 
 
 > • • 
 
 ■ • • 
 
 § 40,000 
 
 § 7,832 
 
 45,000 
 
 Cheltenham 
 
 • ■ ■ 
 
 • • > 
 
 • • • 
 
 § 41,923 
 
 § 7,825 
 
 42,000 
 
 Conway 
 
 1,245 
 
 • • • 
 
 • • » 
 
 ^ 2,620 
 
 §583 
 
 3,600 
 
 Crewe 
 
 ... 
 
 ... 
 
 ... 
 
 § 17,810 
 
 § 3,457 
 
 25,000 
 
 § Indicates the populatiou and inhabited houises of the Districts which have been 
 incorporated since the year 1871.
 
 34 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 2. (Pakt IV., Sec. 2.}— continued. 
 
 
 a- 
 
 05.' 
 
 d t; >a--^ 
 
 C K^ 
 
 a:^^ m 
 
 . . 1 
 
 
 withi 
 Munic 
 (1831.) 
 
 Ms 
 
 withi: 
 adopte 
 !tof 183 
 of 1831. 
 
 withi: 
 il Limit 
 3f 1871. 
 
 House 
 unicipn 
 ceusu 
 I.) 
 
 Popnla 
 Munici 
 (1879.) 
 
 Cities and Boeoughs. 
 
 Population 
 the Ancient 
 I5al Limits 
 
 Iiilmbited 
 ; withiuAnoie 
 cipal Limits 
 
 Population 
 
 the Limits 
 under the Ac 
 (per census 
 
 T'opulntion 
 tho Munioipf 
 (per census ( 
 
 Inhiiliited 
 within tho M 
 Limits (per 
 of 187 
 
 Estimated 
 tion within 
 pal Limits 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Darlington 
 
 .. 
 
 
 
 
 
 27,729 
 
 4,631 
 
 33,000 
 
 Devonport 
 
 
 
 ,, 
 
 
 
 
 49,449 
 
 4,269 
 
 50,000 
 
 Dewsbury 
 
 
 
 
 
 
 
 24,764 
 
 4,999 
 
 30,000 
 
 Dudley 
 
 .. 
 
 
 , . 
 
 
 
 
 43,782 
 
 8,556 
 
 50,000 
 
 Dunstable 
 
 , , 
 
 
 , , 
 
 
 
 
 4,558 
 
 947 
 
 5,000 
 
 Glossop 
 
 , , 
 
 
 , , 
 
 
 
 
 17,046 
 
 3,548 
 
 17,500 
 
 Halifax ... 
 
 ., 
 
 
 , , 
 
 
 
 
 65,510 
 
 13,970 
 
 72,000 
 
 Hanley 
 
 
 
 . , 
 
 
 
 
 39,976 
 
 7,557 
 
 45,000 
 
 Hartlepool 
 
 3,330 
 
 .. 
 
 
 
 
 13,166 
 
 1,933 
 
 14,000 
 
 Hedon 
 
 1,080 
 
 ,, 
 
 
 
 
 996 
 
 231 
 
 1,000 
 
 Honiton 
 
 • • • 
 
 , , 
 
 
 
 
 3,464 
 
 677 
 
 3,464 
 
 Huddersfield 
 
 
 
 , , 
 
 
 
 
 70,253 
 
 14,738 
 
 78,000 
 
 Jarrow-on-Tyne 
 
 
 
 , , 
 
 
 
 
 18,115 
 
 4,000 
 
 22,000 
 
 Leamington 
 
 
 
 .. 
 
 
 
 
 § 20,910 
 
 § 3,963 
 
 24,000 
 
 Longton 
 
 
 
 , , 
 
 
 
 
 19,748 
 
 3,723 
 
 24,000 
 
 Luton 
 
 
 
 . , 
 
 
 
 
 § 17,317 
 
 § 3,345 
 
 22,000 
 
 Manchester 
 
 
 
 . , 
 
 
 
 
 351,189 
 
 67,204 
 
 368,000 
 
 Margate 
 
 
 
 , , 
 
 
 
 
 11,995 
 
 2,179 
 
 14,000 
 
 Middlesborough 
 
 
 
 , , 
 
 
 
 
 39,563 
 
 6,842 
 
 55,000 
 
 Oldham 
 
 
 
 , , 
 
 
 
 
 82,629 
 
 16,739 
 
 112,000 
 
 Over Darwen 
 
 
 
 , , 
 
 
 
 
 § 21,278 
 
 § 4,225 
 
 26,000 
 
 Peterborough 
 
 
 
 , , 
 
 
 
 
 § 12,999 
 
 § 2,783 
 
 23,000 
 
 Reigate 
 
 
 
 , , 
 
 
 
 
 15,916 
 
 2,587 
 
 20,000 
 
 Rochdale 
 
 
 
 , , 
 
 
 
 
 44,559 
 
 9,587 
 
 70,000 
 
 Rotherham 
 
 
 
 , , 
 
 
 
 
 25,087 
 
 5,055 
 
 31,631 
 
 Ryde 
 
 
 
 J , 
 
 
 
 
 11,260 
 
 2,136 
 
 14,000 
 
 St. Helens 
 
 
 
 . , 
 
 
 
 
 45,134 
 
 7,920 
 
 50,000 
 
 St. Ives (Hunts.) ... 
 
 
 
 , , 
 
 
 
 
 ^ 3,391 
 
 724 
 
 3,391 
 
 Salford 
 
 
 
 , , 
 
 
 
 
 124,801 
 
 23,891 
 
 170,251 
 
 Sheffield 
 
 
 
 , , 
 
 
 
 
 239,946 
 
 48,496 
 
 282,130 
 
 Southport 
 
 
 
 , , 
 
 
 
 
 18,086 
 
 3,326 
 
 33,000 
 
 South Shields 
 
 
 
 , , 
 
 
 
 
 45,336 
 
 5,994 
 
 60,000 
 
 Stalybridge 
 
 
 
 , , 
 
 
 
 
 21,092 
 
 4,491 
 
 21,300 
 
 Stoke-upon-Trent ... 
 
 
 
 , , 
 
 
 
 
 ^ 15,300 
 
 § 2,844 
 
 18,500 
 
 Taunton 
 
 
 
 , , 
 
 
 
 
 § 15,466 
 
 § 2,951 
 
 16,000 
 
 Tynemouth 
 
 
 
 , , 
 
 
 
 
 38,941 
 
 5,385 
 
 42,829 
 
 Wakefield 
 
 
 
 . , 
 
 
 , 
 
 
 28,069 
 
 5,633 
 
 32,000 
 
 Warrington 
 
 
 
 ., 
 
 
 
 
 32,144 
 
 6,044 
 
 40,000 
 
 Wolverhampton 
 
 
 
 
 
 
 
 68,291 
 
 13,222 
 
 75,000 
 
 Wrexham 
 
 
 
 , , 
 
 
 
 
 8,576 
 
 1,631 
 
 10,000 
 
 Yeovil 
 
 1,970 
 
 •• 
 
 
 
 
 8,527 
 
 1,584 
 
 9,000 
 
 Totals 
 
 6,198 
 
 ... 
 
 ... 
 
 2,912,049 
 
 553,810 3,498,142 
 
 Grand Totals ... 
 
 1,961,329 
 
 359,666 
 
 2,193,407 
 
 6,908,819 
 
 1291025 
 
 8,152,444 
 
 § Indicates the population and inhabited houses of the Districts which have been 
 incorporated since the year 1871.
 
 TIlElll GROWTH AND DliVELOPMENT. 35 
 
 SUJIMAET AND COMPARISONS, 
 
 Population of Cities and Boroughs in Table 1, as per 
 
 Census of 1831 ],9oo,1.31 
 
 Estimated Population within the altered Boundaries in 
 
 1835, based on the Census of 1831 2,193,407 
 
 Increase of Population in the Municiiial Areas in 1835 
 
 as compared u-ith 1831 ... ... ... ... 238,276 
 
 Estimated Population, within Municipal Limits, in the 
 
 year 1870 8,152,444 
 
 Increase as compared with 1831 ... ... ... ... 6,297,313 
 
 Increase as compared with 1835 ... ... 5,959,037 
 
 (3) The Municipal Franchise. 
 
 The true condition of the Municipal Franchise, previous to the year 
 1835, has been already briefly referred to (see pages 4 to 10). The 
 principal Table of this section further illustrates the many vicissitudes 
 and deteriorations to which the popular right of self-government was 
 subjected during successive periods of English history, and but few 
 additional details are needed to make the contrast between the old 
 and new order of things perfectly clear. 
 
 Although great obscurity surrounds the early constitution of the 
 English municipalities, there are valid reasons for believing that the 
 " freemen" or "burgesses at largo" were the governing boly. The 
 Anglo-Saxon forms of local organization were legitimate ramifications 
 of the common-law rights of the free population. Under the con- 
 solidated rule of the renowned Alfred and his two able successors, 
 Edward and Atlielstan, the hiirg/i-Diotes — as well as the s//ire-fnofos — 
 became integral portions of the State, charged with essential duties 
 to their immediate communities and responsible obligations to the 
 witena-geniot, or national council. The individuals composing these 
 commimal 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 
 
 D 2
 
 36 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 in later times compelled despotic administrators, much against their 
 will, to formally recognise the enjoyment of " peculiar privileges " 
 which had thereto been exercised as " undisputed rights." It does 
 not appear that the " borough liberties " of the Anglo-Saxons de- 
 pended for their origination upon the favour of the Sovereign. They 
 were the natural outgrowth of social necessities. The Municipal 
 Commissioners, 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 satis- 
 factory evidence of the creation of municipal franchises by mon- 
 archical condescension prior to the Norman era. 
 
 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 primary 
 privileges was — freedom from servile duties; free trade and exemption 
 from toll in every part of the king's dominions ; that all the land 
 within their limits should be the property of the community — such as 
 was not already occupied by tenements to form common land, of 
 which portions might be saved for building, &c., to the profit of the 
 community and the improvement of the town ; that the burgesses 
 should answer to the king for hisferm by their own appointed chief 
 officer ; that the profits arising from fines, &c., in the borough courts, 
 should be applied to the common benefit of the townsmen ; and that 
 they should be untrammelled in their choice of a mayor, bailiflf, or 
 portreeve. 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 wails of their castles. The extinction of feudalism eventually 
 brought these baronial boroughs under the direct authority of the 
 Crown.
 
 THEIR GROWTH AND DEVELOPMENT. 37 
 
 Upon the early constitution of the municipal corporations the 
 Inquiry Commissioners in their report observe : — 
 
 " It is certain that many of these institutions were established in practice long 
 before they were settled by law." 
 
 " In some places, as at Newcastle-Upon-Tjme, Carlisle, and Scarborough, the 
 forms of the Municipal Government were defined by an express composition 
 between the magistracy and the people. It is probable that the powers of 
 government in all ordinary cases were exercised by the superior magistracy, but 
 that in extraordinary emergencies the whole body of bin-gesses were called upon 
 to sanction the measures which interested the community. The difficulty of 
 conducting business in such an assembly seems to have suggested the expedient 
 of appointing a species of committee out of the larger body, which acted in con- 
 junction with the burgesses, and which was dissolved when the business was 
 concluded. * * * We have not discovered that there was any general 
 principle in the mode of forming the constituency of the boroughs, nor can we 
 assume that one system of policy or common law right prevailed at any period 
 throughout the reabn. * * * * It is sufficient that we are enabled to 
 collect the main principles of administration, namely, that the municipal 
 magistracy and nnmicipal councils were the resident and effective heads of the 
 community, and that the community probably included in its members, aU who 
 shared in its burthens, and were liable to fill its offices." 
 
 The above extract plainly shows the close assimilation of the 
 ancient and modern municipal franchises. 
 
 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 less valuable authority* thus intelligibly defines 
 a "townsman" or "freeman," — "They were deemed townsmen who 
 had a settled dwelling in the town, who merchandized there, who 
 were of the hans (/laiis-hus) or hanse-house," (being a designation for 
 the hall of the Common Mercatory Guild similar to that which 
 formed the germ of the institutions of the Ilanse 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, however, may be included under 
 the following general titles, — 
 
 Gift by the Governing Body, 
 
 Purchase, 
 
 Birth, 
 
 Marriage, 
 
 Servitude, 
 
 Membership of Trade Guilds, and 
 
 Possession or Occupancy of House or Land Property. 
 
 * Madox — Firma Burgi. p. 269. 
 
 421121
 
 38 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 By far the greater number of claims were acquired by birth, 
 marriage, or servitude. 
 
 This distinctive class of the people lost little of its power until the 
 reign of Henry VI., when commenced those insidious encroachments 
 on the part of the Crown which, by degrees, entirely deprived the 
 freemen, in nearly every borough, of many of their most cherished 
 functions. "With the rapid extension of the pernicious principles of 
 self-election to the ruling bodies, constituted by charters of in- 
 coiyoration, the value of freemanship was almost wholly reduced 
 to eligibility to corporate offices, and a share in the election of 
 members of parliament. The minor benefits which remained 
 outside these "rights" were stated by the Inquiry Commissioners to 
 
 "consist in exemption from the tolls and duties which in many towns are 
 levied under various grants from the Crown. In the greater number of towns 
 the privilege extends only to those tolls levied by their own coiporation ; the 
 freemen of some corporations claim and are allowed to be free in certain cases 
 from those of other towns ; a very few claim an universal exemption. The 
 freemen are also very generally excused from serving on County Juries ; this 
 exemption is often enjoyed by all the inhabitants of corporate towns. They 
 have sometimes exclusive privileges in the local courts, * * * and in many 
 places the exclusivive right of trading within coi-porate limits. Another privilege 
 often belonging to the freemen is, that they or their widows or children are 
 designated as the sole objects of local charities." 
 
 Having thus far elucidated the prominent features of the ancient 
 municipal franchise, the annexed table, showing the number of 
 Royal Charters of Privileges and Governing Charters mentioned in 
 the Report of the Inquiry Commissioners as having been obtained 
 by municipal boroughs from the reign of William the Conqueror 
 downwards, will be found interesting. 
 
 TABLE 1. (Part IV., Sec. 3.) 
 
 Beigns. 
 
 Boroughs ob- 
 taining Charters 
 of "privileges" 
 
 or " incorpora- 
 tion." 
 
 Number of 
 Charters 
 obtained. 
 
 Governing 
 
 Charters 
 
 in force in 1835. 
 
 William the Conqueror 
 
 1 
 
 1 
 
 
 William Paifus 
 
 2 
 
 2 
 
 
 Hemy I 
 
 9 
 
 9 
 
 
 Stephen 
 
 Ilemy II 
 
 2 
 29 
 
 2 
 37 
 
 
 Richard I 
 
 16 
 
 17 
 
 
 John 
 
 47 
 
 
 
 Hemy III 
 
 52 
 
 114 
 
 
 Edward I 
 
 46 
 
 62 
 
 
 Edward II 
 
 38 
 
 43 
 
 
 Edward III 
 
 75 
 
 128 
 
 2
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 39 
 
 Rbigns. 
 
 Boroughs ob- 
 taining Charters 
 of "privileges " 
 or incorijora- 
 tion." 
 
 Number of 
 Chaitcrs 
 obtained. 
 
 Governing 
 
 Charters in 
 
 force in 1635. 
 
 Richard II 
 
 66 
 
 88 
 
 
 Henry IV 
 
 50 
 
 GO 
 
 
 HenryV 
 
 3o 
 
 42 
 
 
 Henry VI 
 
 69 
 
 98 
 
 3 
 
 Edward IV 
 
 59 
 
 74 
 
 1 
 
 Richard III 
 
 19 
 
 22 
 
 1 
 
 Henry VII 
 
 51 
 
 61 
 
 1 
 
 Henry VIII 
 
 72 
 
 104 
 
 3 
 
 Edward VI 
 
 75 
 
 84 
 
 3 
 
 Mary 
 
 27 
 
 28 
 
 3 
 
 Philip and Mary 
 
 Elizabeth 
 
 40 
 123 
 
 42 
 156 
 
 5 
 23 
 
 James I 
 
 110 
 
 
 31 
 
 Charles I 
 
 41 
 
 44 
 
 22 
 
 Cromwell 
 
 5 
 
 5 
 
 
 Charles II 
 
 81 
 
 111 
 
 *37 
 
 James II 
 
 55 
 
 
 10 
 
 AVilliam and Mary 
 
 William III 
 
 9 
 10 
 
 9 
 
 11 
 
 *6 
 6 
 
 Anne 
 
 7 
 
 7 
 
 *4 
 
 George I 
 
 3 
 
 3 
 
 3 
 
 George II 
 
 6 
 
 7 
 
 3 
 
 George III 
 
 16 
 
 16 
 
 *8 
 
 George IV 
 
 6 
 
 
 2 
 
 William IV 
 
 3 
 
 2 
 
 
 Totals 
 
 i;355 
 
 1,496 
 
 177 
 
 t^" Tlie additiou of the names of Athelstan and Edward the Confessor (one 
 charter eacli) would place the above Talilt> in accord -with the information detailed 
 by tlie Municipal Commi:<sioners, but with reference to the charters of these 
 monarchs see page SO. 
 
 "With the appended statement the result of the Commissioners' 
 investigation into the character of the authorities, under wliich the 
 corporations exercised their powers, will be rendered nearly complete. 
 
 Municipal Corporations, governed by several Hoyal 
 
 Charters, of various dates ... ... ... 21 
 
 Charters granted b}' Barons or other dignitaries, 
 
 (not lloyal) ... ... ... ... ... 49 
 
 Municipal Corporations, governed by Baronial 
 
 Charters ... ... ... ... ... 6 
 
 Municipal Corporations, governed by Prescriptive 
 
 Customs only ... ... ... ... 33 
 
 * The addition of the governing charters for Colchester, Safiron Walden, Sudbury, 
 and Yarmouth (Great) — see Table 3 — places wliich were not reported upon by the Com- 
 missioners, causes here a slight variation from the ligures of the Commissioners' Report.
 
 40 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 Manorial Corporations, governed by Royal or 
 
 Baronial Charters ... ... ... ... 7 
 
 ]\[anorial Corporations, governed by Prescriptive 
 
 Customs ... ... ... ... ••• 11 
 
 We now come to tbe laws which regulate the modern method of 
 conferring the municipal franchise, and here it is as well, the contents 
 of the first and second schedules of the principal act of ] 835 should 
 be borne in mind. 
 
 Schedule A sets out all the boroughs which were then intended to 
 have a commission of the peace, arranging them in two sections, — 
 section 1, comprising those of which the boundaries were to be those 
 of the parliamentary borough until otherwise provided by Parliament ; 
 and section 2, those which were to retain their existing municipal 
 boundaries. Schedule B sets out the boroughs which were not to 
 have a commission of the peace, unless on petition and grant, 
 arranging them jn a similar way, in two sections. Por obvious 
 reasons, the three impoi'tant points which present themselves in. 
 the present subdivision of this work are treated of under distinct 
 heads, namely, (1.) The incorporation of boroughs; (2.) The quali- 
 fications for the franchise; (3.) The burgess roll and its preparation. 
 
 *(1.) The Incorporation of Boroughs. — By 5 and 6 William 
 lY. c. 76, s. 141, if the inhabitant householders of any town 
 or borough in England or Wales, petition for a charter of in- 
 corporation, it is lawful for the Crown (by the advice of the 
 Privy Council), to extend to the inhabitants of any such town or 
 borough, within the district to be set forth in such charter, the powers 
 and permissions contained in the Municipal Corporations Act. 
 Notice of every such petition, and of the time when it will be taken 
 into consideration by the Privy Council, must, however, be published 
 in the London Gazette one month at least before such consideration 
 takes place. 
 
 The Crown has always possessed the privilege of creating corpora- 
 tions 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. This section (that in the 
 Municipal Corporations Act relative to the incorporation of new 
 boroughs), although it does not at all abridge the common law prero- 
 
 * The analysis of the Acts of Parliament affecting Municipal Corporations (through- 
 out this work) must not be accepted as exhaustive, otherwise than in reference to the 
 subject immediately under notice. The amending or repealing Acts are cited in their 
 chronological order.
 
 THEIR GROWTH AND DEVELOPMENT. 41 
 
 gative 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 househoklers.* 
 
 The powers of the Crown in regard to the grant of charters of 
 incorporation, and the mode in which tliese powers are to be 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 Entter v, CJt((p)n(in, 8 M. & W. 1). It 
 
 was there held — 
 
 I. 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 corj^ior.ations. 
 
 II. That the Crown may grant the charter to a part only (to be defined 
 therein) of a town or borough, and need not grant it to the whole of the inhabitants 
 of such to^vn or borough, although the prayer of the petition is for a gi-ant of a 
 charter of incorporation to the inliabitant householders of the said borough. 
 
 III. That a petition, to be within the meaning of the Acts, need not proceed 
 from a majority of the inhabitant householders of the place or of the male 
 inhabitant householders of the place. 
 
 IV. That whetlier such petition was, under all the circiimstances, the petition 
 of the inhabitant householders within the meaning of the Acts, is a question of 
 fact for a jury. 
 
 V. 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 anotlier was subsequently presented bj^ 6,000 
 against it, the jury were qi;ite right in tlieir verdict, that the former petition 
 expressed the wish of the inhabitant householders within the meaning of the 
 Acts ; (the direction of the learned judge at the trial being that, notwithstanding 
 such last petition, the Crown had power, in his opinion, to grant the charter by 
 virtue of the first petition, which direction was also correct.) 
 
 VI. 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. 
 
 VII. Tliat a charter so granted was valid (having been accepted) ; but that 
 the determination of the Privy Council to advise the Crown to grant tlie charter 
 is not decisive of the question as to tlio siithciency of the petition in favuur of 
 the charter. 
 
 VIII. That the C^o^vn may, in the charter, delegate to an individuid the 
 power of appointing tlie first members of the corporate body ; or may at all 
 events appoint a person to ascertain who are tlie individuals possessed of the 
 
 * " Under the word ' persons,' " says a learned commentator upon the Act of 1835, 
 " it is apprehended that a corporation would be included, and would consequently be 
 entitled to the protection aflforded by this section." In several cases the word " person.'' 
 in a similar clause as to actions, has been held to include an incorporated company.
 
 42 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 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 chai-ter. 
 
 Section 49, of 7 William TV. acd 1 Victoria, c. 78, re-enacted with 
 verbal amendments, section 141 of the Act of 1835. 
 
 The Act 40 and 41 Victoria, c. 69, effected several changes in the 
 procedure of petitioning for, and granting of, municipal charters. 
 It provides, that, — * " If on the petition to Her Majesty of the 
 inhabitant householders of any town or towns or district in England, 
 or of any of those inhabitants, praying for the grant of a charter of 
 incorporation. Her Majesty, by the advice of Her Privy 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 incorporate 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 Corporation Acts, except such Acts or 
 such parts of such Acts as relate to the assessing or levying rates, or 
 as impose any charge thereon, f Every petition for a charter under 
 this Act shall be referred to a committee of the lords of Her Majesty's 
 Privy Council (in this Act referred to as the Committee of Council). 
 X "Where Her Majesty by a charter extends the Municipal Corpora- 
 tion Acts to a municipal borough, it shall be lawful for Her Majesty, 
 by the charter, to do all or any of the following things : (1) 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 (2) to fix the years, days, and times for the retirement of 
 the first aldermen and councillors ; and (3) to fix such days, times, 
 and places, and nominate such persons to perform such duties, and 
 make such other temporary modifications of the Municipal Corpora- 
 tion 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. 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 respectively 
 substituted in the Municipal Corporation Acts for the j'ears, days, 
 times, places, officers, and persons therein mentioned, and the persons 
 so nominated shall have the like powers, and be subject to the like 
 obligations and penalties, as the officers and persons mentioned in 
 
 * Section 3. f Section 4. J Section 5,
 
 TlIElll GROWTH AND DEVELOPMENT. 43 
 
 the said Acts for wliom they are respectively substituted. Subject to 
 the provisions of the charter authorised by this section, the ^Municipal 
 Corporation Acts shall, upon the charter coming into effect, apply to 
 the municipal borough to which they are extended by the charter, in 
 like manner as if it were a borough named in schedule B to the 
 Municipal Corporation Act, 18o5, and as if the date of the charter 
 were substituted in the last-mentioned Act for the time of the passing 
 of that Act and for the fifth day of June, one thousand eight hundred 
 and thirty-five, 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 said Acts ; and where they are not so named, shall 
 apply to their first election. * "Where a petition for a charter is 
 referred to the Committee of Council, and it is proposed by the charter 
 to extend the Municipal Corporation Acts to the municipal borough 
 to be created by the charter, the Committee of Council may settle a 
 scheme for the adjustment of the powers, rights, privileges, franchises, 
 duties, property, and liabilities of any then existing local authority 
 whose district comprises the whole or part of the area of that borough, 
 either with or without an adjoining or other place, and also of any 
 officer of that authority ; and where, within one month after the 
 publication of the scheme in the London Gazette, a petition against 
 the scheme 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 tlie owners and ratepayers in 
 respect of one-twentieth of the rateable property in the borough) has 
 been received by the Committee of Council, and is not withdrawn, the 
 scheme shall require the confirmation of Parliament, and the 
 Committee of Council may, if they think fit, submit it to Parliament 
 for confirmation, but otherwise at any time after the expiration of the 
 said month, or after the withdrawal of any petition that has been 
 presented, the 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. 
 
 (2.) The qualifications for the Franchise. — The principal clause in 
 
 reference to this subject in 5 and 6 "William IV., c. 76, is the ninth, 
 
 as follows : — 
 
 " And be it enacted that every male person of full age who on the last day of 
 August in any year shall have occnpied any house, warehouse, counting-house, or 
 
 * Section 6.
 
 44 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 shop ■within any borough during the year and the ichole of each of the tico pre- 
 ceding years, and also during the time of such occupation shall have been an 
 inliabitant householder within the said borough or within seven miles of the said 
 borough, shall, if duly enrolled in that year, according to the provisions herein- 
 after contained, be a burgess of such borough, and member of the body corporate 
 of the mayor, aldermen, and burgesses of such borough : Provided always that 
 no such person shall be so enrolled- in any year unless he shall have been rated in 
 respect of siich premises so occupied by him witliin the borough to all rates made 
 for the relief of the poor of the parish wherein such premises are situated during 
 the time of his occupation aforesaid, unless he shall have paid on or before the 
 last day of August as aforesaid all such rates, including therein all borough rates, 
 if any, directed to be paid under the provisions of tliis Act, as shall have become 
 payable by him in respect of the said premises, except such as shall become 
 payable within six calendar months next before the said last day of August : 
 Provided also that the premises in respect of the occupation of which any person 
 shaU have been so rated need not be the same premises or in the same parish, 
 but may be different premises in the same parish or in different parishes : 
 Provided also that no person being an alien shall be so enrolled in any year, and 
 that no person shall be so enrolled in any year who within twelve calendar 
 months next before the said last day in August shall have received parochial 
 relief or other alms, or any pension or charitable allowance from any fund 
 entrusted to the charitable trustees of such borough hereinafter mentioned : 
 Provided that in every case provided in this act the distance of seven miles shall 
 be computed by the nearest public road or way by land or water." 
 
 It will be observed that under this section a burgess must be an 
 inhabitant as well as an occupying householder. The occupier of a 
 shop, counting-house, or warehouse within the borough, is not 
 entitled to be on the burgess roll, unless he holds a house within the 
 borough, or within seven miles of it. 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. He 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. 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. 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. Pay- 
 ment by another person acting as a volunteer and without any 
 authority from the person liable is not sufficient. 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 con-
 
 THEIR GROWTH AND DEVELOPJMENT 45 
 
 sidered a sufficient payment by the tenant. The non-payment of an 
 illegal rate does not disqualify the ratepayer, although he has not 
 appealed against it. Pielief of any kind * — 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. Occupiers of any house, ware- 
 house, 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, [By the Act 21 and 22 Vic, c. 43, it was 
 enacted that when the owner of a tenement, the ratable value of 
 which does not exceed £6, is rated to the poor instead of the occupier 
 tliereof, and such owner has paid all rates due in respect of such 
 tenement, the occupier shall be entitled to all municipal privileges 
 and franchises to which he would have been entitled if he himself 
 had been rated and had paid his rates ; and if such owner has not 
 paid his rates, then the occupier may tender to the overseers the 
 amount of any rate or rates then due from the occupier in respect of 
 such tenement, and such overseer is bound to receive the same ; and 
 on payment or tender of such amount the occupier will be entitled 
 to exercise all municipal privileges and franchises.] 
 
 The Act 32 and 33 Victoria, c. 55, shortened the term of residence 
 to one year and varied the period of qualification, in these words : — 
 
 " The ninth section of the Act of the session of tlie fifth and sixth years of 
 King William the Fourth, chapter seventy-six, is repealed, and instead thereof 
 it is enacted, that every person of full age who on the last day of Juhjf in any 
 year shall have occupied any house, warehouse, coi;nting-house, shop, or other 
 building witliin any borough duruKj the ichulc of the precedituj twelve calendar 
 months, and also during the time of such occupation shaU have resided witliin 
 the said borough, or within seven miles of the said borough, shall, if duly 
 enrolled in that year according to the provisions contained in the said Act of 
 the sessions of the fifth and sixth years of King "NYiUiam the Fourth, chapter 
 seventy-six, and the Acts amending the same, be a burgess of such borougli : 
 Provided that no such person shall be so enrolled in any year unless he shall 
 have been rated in respect of such premises so occupied by him within the 
 
 * Medical or surgical assistance received from the charitable trustees of anj- borough, 
 oriustnictiuii iu the endowed schools, is not a cause of disqualiticatiou for buVgess-ship. 
 (5 & 6 Will. IV., c. 76, s. 10.) 
 
 t Sec. 7 of 41 & 42 Vict., c. 20, names tlie l.">th day i.f Julv as the date to which 
 the period of (luuliticatiou is now to be computed fur both parli imeutary and munici- 
 pal voterri.
 
 46 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 borough to all rates made for the relief of the poor of the parish wherein such 
 premises are situated during the time of his occupation as aforesaid, and unless 
 he shall have paid on or before the twentieth day of July in such year all such 
 rates, including therein all borough rates, if any, directed to be paid under the 
 provisions of the said Acts, as shall have become payable by him in respect of 
 the said premises up to the preceding fifth day of January : Provided also, that 
 the premises in respect of the occupation of which any person shall have been so 
 rated need not be the same premises or in the same parish, but may be diflerent 
 premises in the same parisli or in different parishes : Provided also, that no 
 person being an alien shall be enrolled in any year, and that no person shall be 
 so enrolled in any year who, within twelve calendar months next before the said 
 last day of July, shall have received parochial relief or other alms : Provided 
 also, that the respective distances mentioned in this Act shall 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." 
 
 (3.) The Burgess Boll and its Brejiaration. — By 5 and 6 
 William lY., c. 76, the Overseers of the Poor in every parish, 
 wholly or in part, within any borough, are on the fiftli^ day of 
 September in every year, to make out an alphabetical list, called 
 " The Burgess List," of all persons entitled to be enrolled in the 
 burgess roll of that year according to the provisions of the act in 
 respect of property within such parish. The list, duly signed by the 
 overseers, is to be delivered, on the said fiftJi* day of Sejotember, to 
 the town clerk of the borough,! who is to allow a true copy thereof 
 to be perused by any person, without payment of any fee, at all 
 reasonable hours, between the fifth and fifteenth days of September 
 in every year. The town clerk is also to cause copies to be forthwith 
 printed of all overseers' lists delivered to him ; is to give a copy to 
 any person requiring the same, on payment of a reasonable price ; 
 and is also to cause a copy to be fixed on or near the outer door of 
 the town hall, or in some public and conspicuous situation within the 
 borough, on every day during the week next preceding the fifteenth 
 of September in every year. Overseers neglecting to make out and 
 sign the burgess lists are liable to a fine of £50. Every person 
 whose name has been omitted from any such burgess list, and who 
 claims to have his name inserted therein, must on or before the 
 fifteenth day of September in every year give notice to the town 
 
 * The ffth was the day named in this Act, but see page 48 as to 20 & 21 Vict., 
 c. 50, s. 7, which altered the date to the^r^^. 
 
 t If there be no town clerk, or the town clerk be dead or otherwise incapable of 
 acting, all things required by the Act to he done by and with regard to the town clerk 
 are to be done by and with regard to the person executing duties in the borough 
 similar to those of town clerks ; and if there be no such person, or such person be dead 
 or incapable of acting, then by and with regard to such fit person as the maj'or of such 
 borough shall appoint in that behalf. The reasonable expenses incurred by the 
 overseers in preparing the lists are to be defrayed out of the borough fund.
 
 THEIR GROWTH AND DEVELOPMENT. 47 
 
 clerk, in writing, according to the form given in a schedule to the 
 act or to the like effect ; and every person whose name has been 
 inserted in the burgess list for any borough may object to any other 
 person as not being entitled to have his name retained on the burgess 
 list for the same borough. A person so objecting must on or before 
 the fifteenth of September in every year give to the town clerk of 
 such borough, and also give to the person objected to, or leave at the 
 premises for which he shall appear to be rated in the burgess list, 
 notice thereof in writing (according to the form given in the Act or 
 to the like effect) . The town clerk is then to draw up lists of these 
 claims and objections ; is to cause copies of them to be fixed on or 
 near the outer door of the town hall, or in some public and con- 
 spicuous position in the borougli, during the eight days next pre- 
 ceding the first of October in every year ; is to keep a copy of these 
 lists to be perused by any person, without the payment of any fee, 
 during the eight days (Sundays excepted) next preceding tlie first 
 of October in every year, and is to deliver a copy of such lists to any 
 person requiring the same on payment of a sum not exceeding one 
 shilling. The lists prepared and published in the manner described 
 are then to be revised* by the mayor and two assessors, annually 
 chosen by the burgesses, who are for that purpose to hold an open 
 court (three clear days' notice having been given) at some time 
 between the first day of October inclusive and the fifteenth day of 
 October inclusive. The burgess list having been revised is to be 
 delivered to the town clerk, Avho is to keep the same, to cause the 
 said list to be fairly and truly copied into one general alphabetical 
 list in a book, with every name therein nurabered.f beginning the 
 numbers from the first name, and continuing them in a regular 
 series to the last name ; is to cause such book to be completed on or 
 before the twenty-second day of October in every year ; and every 
 such book in which the said burgess list shall have been copied shall 
 be the burgess roll of the burgesses of such borough entitled to vote 
 in the choice of the councillors, assessors, and auditors of such 
 borough at any election which may take place in such borough, 
 between the first day of November inclusive in the year wherein 
 such burgess roll shall have been made and the fii'st day of 
 November in the succeeding year. Copies of the burgess rolls are to 
 be printed for sale. 
 
 By Sections 3, 5, 6, and 7, of 7 William lY., and 1 Yictoria, c. 78, 
 
 * But see next page as to the Act 41 & 42 Vict., c. 26. 
 
 f When the borough is divided into wards, the burgess roll is to be made out by the 
 town clerk in alphabetical lists of the burgesses in each ■wnid.
 
 48 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 (whicli statute was passed to settle some minor defects experienced 
 in the working of the principal Act), when a borough is divided into 
 wards, two assessors are to be chosen on the 1st of March in each 
 year, or, if that be a Sunday, 07i the following day, to hold the court 
 for revising the burgess lists with the mayor in like manner, as is 
 provided by the Municipal Corporations Act, with respect to the 
 election of two auditors for the borough. The burgess roll is not to 
 be questioned for want of title to their offices on the part of mayor 
 and assessors. One burgess roll is to be in force until the new burgess 
 roll has been duly made ; and corporations are not to be dissolved by 
 any neglect to make a new burgess roll. By Clause 24, the Court of 
 Queen's Bench may grant a mandamus to put a burgess on the roll. 
 
 By 20 and 21 Victoria, c. 50, s. 7, the day for preparing and 
 delivering the burgess roll by the overseers was changed from the 
 hfth to ih.e first day of September. 
 
 The Act 41 and 42 Victoria, c. 26, combines, in boroughs loth 
 parliamcniary and munici'pal^ the separate systems of registration 
 and revision with respect to the parliamentary lists and burgess 
 rolls. The revising barristers, in such boroughs, are invested, so far 
 as the burgess rolls are concerned, with the duties formerly dis- 
 charged by the mayor and the two assessors, the latter office being 
 abolished. Boroughs, municipal but not parliamentary, are but 
 slightly affected by this statute,which provides for the details attendant 
 upon the assimilation, and will be found more fully abstracted under 
 the succeeding section (the Parliamentary Franchise) . 
 
 Unlike the Parliamentary Reform Act of 1832, the Municipal 
 Reform Act of 1835 did not grant, continue, or reserve to the 
 " freemen ^' the privilege of voting, by virtue of their freedom. 
 The exclusion could not, in that light, be deemed a hardship because, 
 as pointed out in Part II., the greater portion of them had for 
 generations been deprived of any share in municipal elections. 
 Section 2, however, reserved all rights of property and beneficial 
 exemptions to existing freemen and their wives and children ; 
 Section 3 abolished the power of admitting freemen (or burgesses) 
 by gift or purchase ; and Section 4 confirmed the reservation of the 
 paidiamentary franchise. All exclusive rights of trading were extin- 
 guished, as also were exemptions from local tolls on the part of 
 any person not already possessed of such an immunity. 
 
 The claims of freemen to the enjoyment of property or direct and 
 indirect pecuniary profits in boroughs named in the schedules of the 
 Municipal Reform Act are shown in the annexed table which is an
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 49 
 
 almost literal reproduction of a table compiled by the Assistant 
 Secretary to the Commissioners. 
 
 TABLE 2. (Part IV., Sec. 3.) 
 
 Boroughs. 
 
 Claims to Freodom 
 in 1835. 
 
 Rights of Property claimed by 
 Freemen in 1835. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Bath 
 
 Servitude, gift, or pur- 
 chase. 
 
 Benefit from the Bath Common. 
 
 Bedford 
 
 Birth, servitude, pur- 
 cliase, or gift. 
 
 Common right of small extent. 
 
 Berwick 
 
 Birth, apprenticeship, 
 and gift. 
 
 Education for their children. 
 
 Beverley 
 
 Birth, apprenticesliip. 
 
 Enjoyment by residents of ex- 
 
 
 and grant. 
 
 tensive common riglits. 
 
 Boston 
 
 Birth, servitude, and 
 
 Benefit of loans from a very 
 
 
 purchase. 
 
 small sum bequeathed. 
 
 Cambridge 
 
 Birth, apprenticeship, 
 purcliase, and gift. 
 
 Some rights of common pasture. 
 
 Cardigan 
 
 Presentment of jury 
 of burgesses at the 
 mayor's court. 
 
 Pasturage on a common waste. 
 
 Clitheroe 
 
 Burgageholders. 
 
 Pasture on Preston Moor ; pay 
 less at grammar-school than 
 non-freemen. 
 
 Coventry 
 
 Apprenticeship. 
 
 Limited right of common pas- 
 ture, and exclusive eligibility 
 as objects of Sir Thomas 
 AVliite's charity. 
 
 Derby 
 
 Birth, apprenticeship, 
 and gift of corporation. 
 
 Common right without stint. 
 
 Doncaster 
 
 Birth, servitude, and 
 
 Common right, with about £1 
 
 
 grant. 
 
 per annum to each ; claim to 
 have their children taught the 
 classics at grammar-school. 
 
 Durham 
 
 Birth, apprenticeship, 
 
 Common lands producing about 
 
 
 and gift. 
 
 D.s. a-year to each of 424 resi- 
 dent burgesses. 
 
 Exeter 
 
 Birth, gift, servitude, 
 
 Eligibility to be objects of some 
 
 
 and marriage. 
 
 small charitable endowments. 
 
 Eye 
 
 Birth, apprenticeship, 
 
 Limited rights of common pas- 
 
 
 and election. 
 
 ture. 
 
 Gatesliead 
 
 Borough-h( )lders, birth. 
 
 Limited profits from common 
 
 
 and .servitude. 
 
 lauds. 
 
 Gloucester 
 
 Appointment, purchase, 
 birth, and servitude. 
 
 Small common rights. 
 
 Godmanchester 
 
 Birth and purchase ... 
 
 Considerable rights of common. 
 
 Grantliam 
 
 Birtli, servitude, pur- 
 chase, and gift. 
 
 Exclusive eligibility to a charity. 
 
 Haverfordwest. . . 
 
 Birth, servitude, & gift. 
 
 Riglit of common pasture. 
 
 Hereford 
 
 Birth, marriage, and 
 
 Eligibility to benefits of certain 
 
 
 apprenticesliip. 
 
 charities. 
 
 Kingston - upon - 
 
 Birtli, servitude, and 
 
 Clieapor education at grammar- 
 
 HuU. 
 
 grant. 
 
 school than others. 
 
 Lancaster 
 
 Birth, purchase, and 
 
 Right of common ; 80 seniors a 
 
 
 gift. 
 
 separate common, producing £4 
 per annum. 
 
 £
 
 50 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 2. (Part IV., Sec. 3.)— continued. 
 
 BOHOUGHS. 
 
 Col. 1. 
 Lincoln 
 
 Maidstone.. 
 
 Maldon ... 
 
 Marlboroiigli 
 Morpeth ... 
 
 Newcastle-under- 
 
 Lyne. 
 Newcastle - upon- 
 
 Tyne. 
 
 Northampton 
 
 Norwich . . . 
 Nottingham 
 
 Oxford 
 
 Pembroke... 
 
 Rochester . . . 
 
 Shrewsbury 
 
 Stamford ... 
 
 Swansea ... 
 
 Tenby 
 Tewkesbury 
 Worcester . . . 
 
 York 
 
 Claims to Freedom 
 in 1835. 
 
 Col. 2. 
 Birth, servitude, pur- 
 chase, and gift. 
 
 Birth, servitude, and 
 purchase. 
 
 Birth, marriage, servi- 
 tude, purchase, & gift. 
 
 Election 
 
 Election 
 
 Birth and servitude ... 
 
 Birth, servitude, and 
 gift. 
 
 Birth, marriage, servi- 
 tude, purchase, and 
 gift. 
 
 Birth, servitude, pur- 
 chase, gift, and as 
 woollen manufacturers. 
 
 Birth, apprenticeship, 
 purchase, and gift. 
 
 Birth, apprenticeship, 
 purchase, and gift. 
 
 Birth, apprenticeship, 
 and gift. 
 
 Birth, servitude, pur- 
 chase, and gift. 
 
 Birth, servitude, and 
 grant. 
 
 Birth, servitude, pur- 
 chase, and gift. 
 
 Birth, marriage, servi- 
 tude, and gift. 
 
 Election 
 
 Birth, servitude, & gift. 
 
 Birth, servitude, pur- 
 chase, and gift. 
 
 Birth, apprenticeship, 
 and gift. 
 
 Eights of Property claimed by 
 Freemen in 1835. 
 
 Col. 3. 
 
 Exclusive right to depasture two 
 commons, and right on two 
 others jointly with inhabitant 
 householders. Exclusive right 
 to hold leases of city property, 
 and of eligibility to be objects 
 of certain charities. 
 
 Privilege of having their chil- 
 dren taught Latin and Greek 
 at the grammar-school. 
 
 Exclusive right of fishing within 
 the borough. 
 
 Small shares in a piece of land. 
 
 Rights of common pasture, worth 
 to residents £5 to £6 per 
 annum each ; and to have their 
 childi'en educated gratis. 
 
 Riglit of pasture on 205 acres of 
 common. 
 
 Right of common pasture en- 
 joyed by 308, worth about £10 
 a-year each ; exclusiA'e eligi- 
 bility to assistance from certain 
 charities. 
 
 Common pasture on about 200 
 acres of land ; exclusive eligi- 
 bility to certain charities, and 
 education for cliildren in free 
 grammar-school. 
 
 Nearly 8s. a-year each from cer- 
 tain lands formerly common. 
 
 A considerable right of pasture 
 on lands around the town, and 
 eligibility to "burgess parts" 
 of certain land. 
 
 Common right over 439 acres ; 
 fishery in city streams. 
 
 Very limited right of common. 
 
 Sole eligibility of children to 
 
 education at free-school. 
 Trifling money- payments in lieu 
 
 of common rights. 
 Right of common enjoyed by 
 
 about 30. 
 12 senior burgesses £10 each 
 
 per annum. 
 Very limited right of common. 
 Petty share in rent of an aftermath 
 Limited right of common on 20 
 
 acres, and exclusive ehgibdity 
 
 to almshouses. 
 Pasturage over several pieces of 
 
 waste.
 
 THEIR GUOWTII AND DEVELOPMENT. 51 
 
 The abolition of admissions to the freedom of a borough by gift 
 or purchase has exhausted all shares to the "rights of property" 
 in some of the foregoing places ; in a few the " rights " have been 
 compounded for by the governing body ; and in others the various 
 interests still remain in force, although, generally speaking, they are 
 of trifling value. 
 
 Tables 3 and 4 of this section have been compiled, so far as they 
 relate to the corporate existence and government previous to 1835, 
 from several authorities — principally, the Municipal Inquiry and 
 Boundary Commissioners' lleports, Merewether and Stephens' History 
 of Boroughs, County Histories, and contemporary Parliatnentary 
 Papers. The number of burgesses for the present year (with the 
 particulars respecting Colchester, Saffron Walden, Sudbury, and 
 Great Yarmouth — places not reported upon by the Municipal 
 Commissioners) have been procured by direct application to the 
 executive officials of each city or borough. 
 
 (Table 3 commences on the next page.) 
 
 r2
 
 
 g 
 
 V, 
 
 
 
 c 
 
 
 
 
 
 1» 
 
 
 
 eS 
 
 J~ 
 
 
 
 ^ 
 
 3^ 
 
 
 
 O 
 
 
 
 
 o 
 
 
 
 
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 THEIR GROWTH AND DEVELOPMENT. 63 
 
 SUMMARY AND COMPARISONS. 
 
 Cities and Borougbs named in Tables 3 and 4 which 
 
 were described as Boroughs in Domesday Book ... 64 
 
 Total number of Burgesses on the Rolls of Cities and 
 Boroughs subject to 5 and 6 Willam IV., c. 76, in 
 1835— (the First Rolls) 124,710 
 
 Total number of Burgesses on the Rolls of Cities and 
 Boroughs subject to 5 and 6 William IV., c. 76, 
 in 1879 1,312,796 
 
 Table 3. — (178 Boroughs). — Excess of number of 
 Burgesses on the First Rolls, 1835, over the number 
 of individuals possessing elective powers under the 
 ancient constitution in the same year ... ... 100,765 
 
 Excess of number of Burgesses on the Rolls of 
 1878-9 over the number of Burgesses on the First 
 RoUs in 1835 604,851 
 
 Tables 3 and 4. — (240 Boroughs). — Excess of number 
 of Burgesses on the Rolls of 1878-9 over the 
 number of Burgesses on the First Rolls in 1835 1,188,086 
 
 (4) The Parliamentary Franchise. 
 
 The Parliamentary and Municipal Franchises, although distinct in 
 every sense, have, for the last five hundred years, been so closely and 
 peculiarly associated as to forbid the significant influences of the 
 paramount privilege being overlooked in a work of this character. 
 The gradual depreciation of the social and older franchise and its 
 general subservience (until the year 1835) to the powerful domina- 
 tion of the national and younger franchise has been already traced 
 in Part II. 
 
 The British Constitution, in its present form, is not comprised or 
 defined in any one document. Its principles combine a variety of 
 unwritten customs, supplemented by the provisions of several Royal
 
 64 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 charters and grants, formal deeds, and Acts of Parliament. The 
 chief documents are : — 
 
 1. Charta lihertatum, (Henry I). 
 
 2. Magna Charta, (John). 
 
 3. Petition of Rights, (Charles I). 
 
 4. Habeas Corpus, (Charles II). 
 
 5. Declaration of Eights, (William III). 
 
 6. Act of Succession, 1701, (William III). 
 
 7. Act of Succession, 1705, (Anne). 
 
 8. Act of Union with Scotland, 1707, (Anne). 
 
 9. Act of Union with Ireland, 1801, (George III). 
 
 10. Reform Act, (England and Wales) 1832, (William lY). 
 
 11. Reform Act, (England and Wales) 1867, (Victoria). 
 
 12. Reform Act, (Scotland) 1868, (Victoria). 
 
 Whatever may have been the true constitution of the Saxon 
 loitena-gembt (or council of bishops and nobles) and mickel-gemot, 
 (or general council) which are often spoken of as the fundamental 
 basis of the British Parliament, it was not until Simon de Montfort 
 (temp. 1265) summoned the barons of his own party, several eccle- 
 siastics who were not immediate tenants of the Crown, two knights 
 from each shire, and deputies from the cities and boroughs in a 
 common assembly, for the purpose of securing popular support in his 
 opposition to Henry III., that the right of the people to a share in 
 the direction of the afi'airs of the kingdom, received a certain 
 recognition by the governing estates of the realm. In these elections, 
 household suffrage may be said to have prevailed ; but the alleged 
 frequency of tumults subsequently led (temp. Henry VI.) to the 
 voting power being restricted to certain qualified persons. The 
 diversified outgrowth of the circumscribed franchise will be best 
 understood by a reference to Col. 4 of Table 2 in this section. The 
 perpetuation of the ancient rights therein shewn, under the present 
 system of parliamentary voting, may be described as advantageous in 
 so far as they afford facilities for enabling individuals who, through 
 purely personal circumstances, lose one qualification to obtain 
 another. 
 
 The boroughs have at all times enjoyed a preponderance in the 
 number of members of the House of Commons. In the first Par- 
 liament of the reign of Henry VIII. the whole number of the 
 House was 298, the boroughs contributing a little more than three- 
 fifths of the representatives. With the last Act of Union (1801) 
 the total strength of the House was brought up to 658 members, the
 
 THEIR GUOWTU AND DEVELOPMENT. 
 
 65 
 
 same as that of tlic present House.* The I'nglish and "Welsh 
 borough representation at the time of the Reform Act of 18J32 was 
 distributed thus : — 
 
 England- 
 
 -24 Cities 
 
 171 Boroughs 
 
 Wales— 
 
 11 Boroughs. 
 
 23 with 2 each -j 46 
 
 tl with 4 i" 4 
 
 165 with 2 each ^ 330 
 
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 10 with 1 each ) 10 
 
 1 with 2 I 2 
 
 401 
 
 In the House as established under the Act of 1832 the borough 
 seats were apportioned thus : — 
 
 1 1 city with 4 ... ... ...\ 4 
 
 L^ 13^ 
 
 England-^ 133 cities and boroughs with 2 each V 206 
 (. 53 cities and boroughs with 1 each ) 53 
 Wales ... 14 borough districts with 1 each ... 14 
 
 337 
 
 In the present House the members for the English and Welsh 
 cities and boroughs are as follows : — 
 
 1 city with 4 
 1 city with 3 
 3 boroughs with 3 each ... 
 
 England . 
 
 \ 
 
 Wales 
 
 { 
 
 4 
 3 
 9 
 
 §89 cities and boroughs with 2 each §178 
 
 92 cities and boroughs with 1 each J 92 
 
 1 borough district with 2 ... | 2 
 
 13 borough districts with 1 each ... J 13 
 
 §301 
 
 The combined representation of the English counties and univer- 
 sities, the Scotch counties, universities, cities, and burghs, and the 
 Irish counties, university, cities, and boroughs is, therefore, seen to 
 be only 56 members in excess of the English borough representation. 
 
 * Practically the House li:is numbered for some years only 652 members — the 
 conseiiuence of the disifnnu-hisciiR'iit of the boroughs of Beverley aud Bridgwater 
 (England), and Cashel and Sligo (Ireland), which occurred subsequent to the passing 
 of the Reform Acts of 1867 and 1868 ; the Govei-nment have, however (April 1879), 
 announced their intention to take steps for filling up these vacancies. 
 
 t London. J Weymouth and Mclcombe Regis. 
 
 § Four of the vacant seats are here included.
 
 66 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 The proportionate representation of the United Kingdom, ac- 
 cording to the census of 1871 (omitting fractions), is — 
 
 England 1 member to every 46,449 inhabitants. 
 
 AVales 1 member to every 40,571 inhabitants. 
 
 Scotland 1 member to every 56,000 inhabitants. 
 
 Ireland 1 member to every 51,156 inhabitants. 
 
 United Kingdom, 1 member to every 55,464 inhabitants. 
 
 The present proportionate representation of the parliamentary and 
 municipal boroughs of England and Wales will be found at page 88. 
 
 The Act, 2 William lY. c. 45, better known as the Parliamentary 
 Reform Act of 1832, struck the first blow at that flagrant perversion 
 of municipal privileges which had been so general throughout the 
 country for a period of four hundred years, by bieaking down the 
 political ascendancies of certain parties and families. By the changes 
 it etFected fifty-six decayed (or " rotten ") boroughs were wholly 
 deprived of the franchise ; thirty boroughs had their representatives 
 reduced to one member each, and that of one (Weymouth and 
 Melcombe Regis) was reduced to two members ; — twenty-two boroughs 
 to return two members each, and nineteen to return one each, were 
 created in England. The old qualifications for the franchise were all 
 preserved with restrictions as to residence, date of admissions to 
 freedom, &c., and the right of voting conferred on every male person 
 of full age, not subject to any legal incapacity, who occupied in a city 
 or borough, as owner or tenant, any house, warehouse, counting 
 house, shop, or other building of the clear annual value of not less 
 than £10, provider! such person should have paid the poor rates and 
 assessed taxes, have occupied for twelve months next previous to the 
 last*" day of July, in the year in which registration is sought, and have 
 resided for six months next previous to the last* day of July, in the 
 city or borough, or within seven miles thereof. A comparison of Cols. 5 
 and 7 of Tables 2 and 4 in this section will shew the extent to which 
 the voting power of the cities and boroughs was increased under the Act. 
 
 The boundaries of the cities and boroughs were newly defined and 
 settled by a supplemental Act of Parliament (2 & 3 Will. IV. c. 64). 
 
 The Act 30 & 31 Victoria, c. 102, determined the English and 
 Welsh borough franchise in its present form. By it four boroughs 
 were totally disfranchised (for bribery and corruption) ; the repre- 
 sentation of thirty-eight cities and boroughs was reduced from two 
 members to one member each ; — that of one city and three boroughs 
 
 * Sec. 7 of 41 and 42 Vict. c. 26 enacts that in every parliamentary borough and 
 in every municipal borough every period of qualification for parliamentary voters and 
 burgesses respectively which is now computed by reference to the last day of July 
 ehall, instead, be computed to the 15th day of July.
 
 THEIR GIIOWTII AND DEVELOPMENT. 
 
 67 
 
 was increased from two members to three members each ; and that of 
 two borouglis from one member to two members each. Eleven new 
 boroughs were created, two to return two members each, and nine to 
 return one member each.* 
 
 As in tlie case of tlie Act of 1832, the Act of 1867 was followed 
 by a supplemental Act (31 and 32 Vict. c. 46) which newly defined 
 the several boundaries. 
 
 The annexed table will illustrate the extent of the various ancient- 
 right qualifications in the year preceding the passing of the Act (so 
 far as relates to cities and boroughs under the Municipal Act of 1835). 
 These peculiar qualifications are being gradually extinguished by the 
 expanded franchise, and in some of the cities and boroughs named 
 have altogether la])scd. 
 
 TABLE 1. (Part IV., Sec. 4.) — Ancient Municipal Cities and Boroughs 
 
 (now under tue Municipal Act op 1835) returning Members 
 
 TO Parliament in 1866. 
 
 
 Number of Electors on 
 
 
 Number of Electors on 
 
 
 Register, IbUU, 
 
 classed 
 
 
 Register, IbUB, 
 
 classed 
 
 
 according to Qualilications. 
 
 
 according to Qualifications. 
 
 
 
 "' -s 
 
 
 
 00* -u 
 
 Citr 
 
 
 
 
 Ciiy 
 
 
 
 p:^- 
 
 OE 
 
 
 
 ►? = V 
 
 OB 
 
 
 
 >=5§ 
 
 BOEOUGH. 
 
 £10 
 
 
 o i< a) a 
 
 BOEOUGE. 
 
 £10 
 
 
 Q b o a 
 
 
 Occupiers 
 
 > Freemen 
 
 ScotnndL 
 
 Potwalk 
 
 other Anci 
 
 Qunlific 
 
 
 Occupiers 
 
 Freemen 
 
 Scot and L 
 
 Potwnlle 
 
 other Anci 
 
 Qunlific 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 1 Col. 4. 
 
 1 
 
 ENGLAND. 
 
 
 
 
 Calne 
 
 172 
 
 
 1 
 
 3 
 
 Abingdon 
 
 309 
 
 — 
 
 20 
 
 ' Cambridge 
 
 1,905 
 
 21 
 
 ' 
 
 Andover 
 
 260 
 
 3 
 
 
 
 Canterbury 
 
 1,084 
 
 724 
 
 
 
 Arundel 
 
 143 
 
 — 
 
 31 
 
 Carlisle 
 
 1,196 
 
 310 
 
 
 
 Banbury 
 
 763 
 
 — 
 
 
 
 Che.ster 
 
 1,598 
 
 1,102 
 
 
 
 Barnstaple 
 
 581 
 
 182 
 
 — 
 
 Chichester 
 
 559 
 
 2 
 
 26 
 
 Bath 
 
 3,235 
 
 — 
 
 1 
 
 Cliippenham ... 
 
 402 
 
 5 
 
 
 
 Bedford 
 
 930 
 
 45 
 
 133 
 
 Clitheroe 
 
 484 
 
 — 
 
 
 
 Berwick - upon 
 
 
 
 
 Colchester .:. 
 
 1,019 
 
 405 
 
 
 
 Tweed 
 
 440 
 
 376 
 
 — 
 
 Coventry 
 
 1,056 
 
 3,911 
 
 — 
 
 Beverley 
 
 619 
 
 855 
 
 — 
 
 Cricklade 
 
 2,008 
 
 — 
 
 86 
 
 Bewdley ... 
 
 356 
 
 — 
 
 5 
 
 Dartmouth 
 
 294 
 
 1 
 
 
 
 Bodmin 
 
 401 
 
 — 
 
 2 
 
 Derby 
 
 2,196 
 
 336 
 
 
 
 Boston... ... 
 
 974 
 
 191 
 
 — 
 
 Devizes 
 
 365 
 
 — 
 
 4 
 
 Bridgnorth 
 
 381 
 
 277 
 
 — 
 
 Dorchester 
 
 45 L 
 
 — 
 
 
 
 Bridgwater 
 
 638 
 
 — 
 
 41 
 
 Dover... 
 
 1,575 
 
 839 
 
 
 
 Bridport 
 
 475 
 
 — 
 
 28 
 
 Droitwich 
 
 398 
 
 2 
 
 
 
 Bristol ... 
 
 10,697 
 
 1,707 
 
 1,920 
 
 Durham 
 
 648 
 
 501 
 
 
 
 Buckingham ... 
 
 405 
 
 2 
 
 — 
 
 Evesham 
 
 323 
 
 49 
 
 
 
 Bury Saint 
 
 
 
 
 Exeter... 
 
 2,452 
 
 224 
 
 1,013 
 
 Edmund's ... 
 
 689 
 
 8 
 
 ~ 
 
 Eye ... 
 
 329 
 
 1 
 
 17 
 
 — 
 
 * The Scotch rarliaineotary Eeform Act of ISciS iiicideutiilly led to the total dis- 
 f ranchisemeut of Arundel, Lyme liegis, Thetford,and Wells (see Table 4, at pages 66-7). 
 
 r2
 
 68 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 Table 1. (Pakt IV., Sec. 4.) — continued. 
 
 
 Number of Electors on 
 
 
 Number of Electors on 
 
 
 Register, 1866, cl 
 
 issed 
 
 
 Register, 1866, classed 
 
 City 
 
 according to Qualifications. 
 
 City 
 
 according to Qualifications. 
 
 
 
 
 
 
 tors, 
 
 nd 
 
 ight 
 
 s. 
 
 OR 
 
 
 
 ^2 ffi 'r Pi 
 
 OB 
 
 
 
 ►? = V a 
 
 BOEOUGH. 
 
 £10 
 
 
 4J rVj a ■:S 
 
 BOEOUGH. 
 
 £10 
 
 
 ■g £ o'-S 
 
 
 Occupiers 
 
 Freemen. 
 
 Scot and 1 
 
 Potwalk 
 
 other Anc 
 
 Qualiflc 
 
 
 Occupiers 
 
 Freemen. 
 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Gloucester 
 
 1,298 
 
 548 
 
 
 
 Oxford... 
 
 2,162 
 
 951 
 
 
 
 Grantham 
 
 071 
 
 215 
 
 — 
 
 Peniyn and 
 
 
 
 
 Grimsby, Great 
 
 1,012 
 
 346 
 
 — 
 
 Falmouth ... 
 
 816 
 
 — 
 
 71 
 
 Guildford 
 
 685 
 
 31 
 
 9 
 
 Peterborough ... 
 
 609 
 
 — 
 
 44 
 
 Harwich 
 
 389 
 
 — 
 
 
 
 Plymouth 
 
 3,109 
 
 14 
 
 — 
 
 Hastings 
 
 1,938 
 
 3 
 
 1 
 
 Poole 
 
 556 
 
 12 
 
 — 
 
 Helston 
 
 357 
 
 6 
 
 
 
 Pontef ract 
 
 652 
 
 — 
 
 80 
 
 Hereford 
 
 1,129 
 
 185 
 
 
 
 Portsmouth 
 
 4,670 
 
 1 
 
 
 
 Hertford 
 
 496 
 
 96 
 
 10 
 
 Preston 
 
 2,224 
 
 — 
 
 425 
 
 Honiton 
 
 228 
 
 — 
 
 60 
 
 Reading 
 
 1,830 
 
 — 
 
 2 
 
 Huntingdon ... 
 
 363 
 
 45 
 
 — 
 
 Reigate 
 
 926 
 
 — 
 
 — 
 
 Hythe ... 
 
 1,265 
 
 48 
 
 — 1 
 
 Retford, East ... 
 
 2,398 
 
 64 
 
 75 
 
 Ipswich 
 
 1,877 
 
 360 
 
 — 
 
 Richmond 
 
 312 
 
 — 
 
 6 
 
 Ives, St. 
 
 448 
 
 — 
 
 88 
 
 Ripon... 
 
 349 
 
 — 
 
 — 
 
 Kings Lynn ... 
 
 805 
 
 96 
 
 — 
 
 Rochester 
 
 1,225 
 
 374 
 
 — 
 
 Kingston-upon- 
 
 
 
 
 Rye 
 
 388 
 
 4 
 
 — 
 
 HuU 
 
 5,140 
 
 1,358 
 
 — 
 
 Salisbury 
 
 702 
 
 — 
 
 2 
 
 Lancaster 
 
 467 
 
 1,006 
 
 — 
 
 Sandwich 
 
 841 
 
 228 
 
 — 
 
 Launceston 
 
 421 
 
 — 
 
 — 
 
 Scarborough ... 
 
 1,437 
 
 9 
 
 — 
 
 Leicester 
 
 3,588 
 
 1,839 
 
 11 
 
 Shaftesbury 
 
 476 
 
 — 
 
 30 
 
 Leominster 
 
 352 
 
 — 
 
 56 
 
 Shrewsbury 
 
 1,371 
 
 406 
 
 — 
 
 Lichfield 
 
 414 
 
 95 
 
 211 
 
 Southampton ... 
 
 4,147 
 
 4 
 
 79 
 
 Lincoln... 
 
 1,267 
 
 546 
 
 — 
 
 Stafford 
 
 666 
 
 973 
 
 — 
 
 Liskeard 
 
 450 
 
 — 
 
 — 
 
 Stamford 
 
 484 
 
 — 
 
 43 
 
 Liverpool 
 
 20,554 
 
 1,285 
 
 — 
 
 Tamworth 
 
 529 
 
 — 
 
 31 
 
 Ludlow 
 
 395 
 
 31 
 
 — 
 
 Taunton 
 
 843 
 
 
 54 
 
 Ljane Regis ... 
 
 250 
 
 2 
 
 — 
 
 Tewkesbury ... 
 
 312 
 
 21 
 
 9 
 
 Lymington 
 
 349 
 
 — 
 
 — 
 
 Thetford 
 
 232 
 
 — 
 
 
 
 Maidstone 
 
 1,572 
 
 401 
 
 — 
 
 Tiverton 
 
 461 
 
 4 
 
 — 
 
 Maldon 
 
 308 
 
 596 
 
 — 
 
 Totnes... 
 
 389 
 
 6 
 
 — 
 
 Marlborough ... 
 
 303 
 
 1 
 
 — 
 
 Truro 
 
 639 
 
 1 
 
 
 
 Monmouth 
 
 2,125 
 
 21 
 
 — 
 
 Wallingf ord . . . 
 
 374 
 
 — 
 
 5 
 
 Morpeth 
 
 389 
 
 96 
 
 . — . 
 
 Warwick 
 
 641 
 
 — 
 
 125 
 
 Newark 
 
 540 
 
 — 
 
 171 
 
 Wells 
 
 230 
 
 66 
 
 — 
 
 Newcastle-under 
 
 
 
 
 Wenlock 
 
 851 
 
 142 
 
 — 
 
 Lyme 
 
 463 
 
 718 
 
 — 
 
 Weymouth and 
 
 
 
 
 Newcastle - upon 
 
 
 
 
 M elc om b e 
 
 
 
 
 Tyne 
 
 5,618 
 
 1,842 
 
 — 
 
 Regis 
 
 931 
 
 4 
 
 3 
 
 Newport (Isle of 
 
 
 
 
 Wigan ... 
 
 862 
 
 
 3 
 
 Wight) 
 
 662 
 
 2 
 
 — 
 
 Winchester 
 
 988 
 
 3 
 
 — 
 
 Northampton ... 
 
 2,579 
 
 — 
 
 278 
 
 Windsor 
 
 657 
 
 — 
 
 — 
 
 Norwich 
 
 2,439 
 
 1,971 
 
 1,272 
 
 Worcester 
 
 1,944 
 
 r32 
 
 — 
 
 Nottingham ... 
 
 4,329 
 
 1,565 
 
 1,027 
 
 Wycombe 
 
 551 
 
 2 
 
 —
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 69 
 
 Table 1. (Part IV., Sec. 4.) — continued. 
 
 
 Number of Electors on 
 
 
 Number of Electors on 
 
 
 Register, IHliO, c 
 
 UHsed 
 
 
 Regifiter, IHOO, c 
 
 l:iH.sed 
 
 City 
 
 according to Qualitieations. 
 
 CiTT 
 
 according to Qualitications. 
 
 
 
 tcrs, 
 nd 
 ght 
 s. 
 
 
 
 l-sL 
 
 
 
 
 O e ^ 13 
 
 
 
 
 = 73 
 
 OB 
 
 
 
 > -- 2 
 
 OB 
 
 
 
 > --.2 
 
 Borough. 
 
 £10 
 
 
 Q 5 .a « 
 
 BOBOUOH. 
 
 £10 
 
 
 
 
 Occupiers 
 
 Freemen. 
 
 Scot nnd I 
 
 Potwall 
 
 other Anc 
 
 Qualiflc 
 
 
 Occupiers 
 
 Freemen. 
 
 Scot nnd I 
 Potwall 
 
 othor Anc 
 Qualilii 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 1. 
 
 Col. 2. 
 
 (Col. 3. 
 
 Col. 4. 
 
 Yarmou th, Great 
 
 1,050 
 
 
 
 
 
 Pembroke 
 
 1,102 
 
 37/ 
 
 
 
 York 
 
 2,153 
 
 2,571 
 
 — 
 
 Radnor... 
 
 420 ] 24 
 
 — 
 
 
 
 
 
 Swansea 
 
 1,695 
 
 313 
 
 
 Total (England) 
 
 158,332 
 
 34,041 
 
 7,598 
 
 
 
 
 WALES. 
 
 
 
 
 Total (Wales) 
 Total for Citiesx 
 
 11 165 1 ^•>'7 
 
 380 
 
 
 
 
 
 '"■ 
 
 
 
 
 Beaumaris 
 
 5G1 
 
 2 
 
 — 
 
 and Boroughs 
 
 
 
 
 Brecon... 
 
 293 
 
 — 
 
 — 
 
 (under the 
 
 
 
 
 Cardiff 
 
 1,889 
 
 234 
 
 — 
 
 ]\I u n i c i p a 1 
 
 
 
 
 Cardigan 
 
 637 
 
 55 
 
 — 
 
 Act of 1835), 
 
 
 
 
 C'armarthen ... 
 
 775 
 
 41 
 
 — 
 
 which returned 
 
 26,997 
 
 35,468 
 
 7,978 
 
 Carnarvon 
 
 1,027 
 
 — 
 
 66 
 
 Members pre- 
 
 
 
 
 Denbigh 
 
 805 
 
 129 
 
 — 
 
 vious to the 
 
 
 
 
 Flint 
 
 601 
 
 — 
 
 99 
 
 passing of the 
 
 
 
 
 Haverfordwest 
 
 406 
 
 191 
 
 215 
 
 2 & 3 WiU. 4. 
 
 
 
 
 Montgomery . . . 
 
 954 
 
 61 
 
 
 0. 45 ) 
 
 
 
 
 The provisions of the law with regard to borough representation 
 may be conveniently classed here under three heads : — (Ij Qualitica- 
 tions for the Franchise ; (2) Procedure for Registration ; (3) Pro- 
 cedure in Elections. 
 
 (1) QuaUficatious for the Franchise. — The right to be placed on a 
 borough register may arise under any of the following qualifica- 
 tions : — (1) ^Householder ; (2) "*Ten Pound Occupier ; (3) *Lodger; 
 (41 t Freeholder ; (5) t Freeman; (6) t Burgage Tenant : (7) t Pot- 
 waller, or other Ancient Right. The requirements to be observed 
 under these qualifications are : — (1) Houskholders. — The occupa- 
 tion as inhabitant, owner, or occupier of any dwelling-house within 
 the city or borough for the whole of twelve months preceding the 
 fifteenth day of July.§ (Occupation may be successive, but must 
 
 * These qiinlificntions npplj' to all horontjhs. 
 
 t Freehold .lunlitieations are confined to Bristol, Exeter, Haverfordwest, Lichfield, 
 Norwich, and Nottingham. 
 
 X These qualifications are confined to boroughs that existed prior to 1S32. ' 
 § See footnote at page 66.
 
 70 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 be continuoiis). The person must have been rated as an ordinary 
 occupier to all Poor Rates made during such twelve months, and on 
 or before July 20 must have paid all Poor Rates payable in respect 
 of the premises up to the preceding January 5. Joint occupation of 
 a dwelling-house does not give a qualification under this enactment. 
 The payment of rates by an owner instead of by an occupier is 
 constructively a payment by the latter, so far that a claim to be rated 
 is not now necessary ; (a) where the overseers have entered into a 
 written agreement to collect the rates from the owner instead of from 
 the occupier ; [b) where the local authority has made an order that 
 owners should be rated instead of occupiers. In all other cases 
 where a person is omitted from the Rate Book he must make a 
 formal claim to be rated. (2) Ten Pound Occupier — Occupation 
 for twelve calendar months preceding July 15* as owner or tenant of 
 any house, warehouse, counting-house, shop, or other building, which, 
 either separately or jointly with any land within the borough occupied 
 therewith as owner or tenant under the same landlord, is of the clear 
 yearly value of not less than £10. (Occupation may be successive, 
 but must be continuous.) The occupier must have resided in the 
 borough, or within seven miles of its boundary, for six calendar months 
 next preceding July 15.* All poor rates must be paid as stated for 
 householders ; likewise assessed taxes due on the preceding January 5. 
 Joint occupation qualifies when the aggregate value, if divided, gives 
 an amount of not less than £10 for each occupier, (3) Lodger — 
 Occupation as a resident lodger, separately and as sole tenant for 
 twelve months preceding July 15,* such lodgings being of the clear 
 yearly value of not less than £10, when let unfurnished. (The 
 occupation may be successive if continuous and in the same house ; 
 there may also be joint occupation with identical provisoes to the 
 £10 occupation. t) The franchise must be claimed every year by 
 a claim being addressed to the Overseers between August 1 and 25 
 in the first year, and by the 25th of July in each succeeding 3'ear.J 
 (4) Freeholder. — A footnote at page 69, and the sections of the 
 statute quoted at page 71, explain this qualification. (5.) Freeman 
 (or Burgess). — Must be registered; and must reside within the 
 city or borough, or within seven statute miles of the place where 
 the poll was taken prior to 18-J2. Freemen created since March 1, 
 1831, are excluded unless they have been admitted in respect of 
 birth or servitude; but even freemen admitted by birth are subject 
 to the further proviso, that the right must be derived from or 
 
 * See footnote at page 66. f By 41 & 42 Vict. c. 26, sec. G. 
 
 t See 41 & 42 Vict. c. 26, sec. 22 (and page 74).
 
 THEIR GROWTH AND DEVELOPMEXT. 71 
 
 through some person who was a burgess or freeman, or entitled to be 
 admitted as such previously to March 1, 1831, or from or through 
 some person who since that time shall have become, or shall hereafter 
 become, a burgess or freeman in respect of servitude. (6) Burgage 
 Tenant and (7) Potwaller or other Ancient Right. — Sections 31 
 and 33 of the Iveform Act of 1832 regulate claims in these classes 
 (and also those of Freeholders) in the following terms : — 
 
 " XXXI. And bfi it enacted, that in every city or town being a county of 
 itself, in the election for whicli freeholders or burgage tenants, either with or 
 without any superadded qualification, now have a right to vote, every such free- 
 holder or burtrace tenant shall be entitled to vote in the election of a member or 
 members to serve in all future Parliaments for such city or town, provided he 
 shall be duly registered according to the provisions hereinafter contained ; but 
 that no such person shall be so registered in any year in respect of any freehold 
 or burgage tenement, uidess he shall have been in the actual possession thereof, 
 or in receipt of the rents and profits thereof, for his own use, for twelve calendar 
 months next previous to the last* day of July in such year (except where the same 
 shall have come to him, at any time within such twelve months, by descent, suc- 
 cession, marriage, marriage settlement, devise, or promotion to any benefice in a 
 church, or to any office), nor unless he shall have resided for six calendar months 
 next previous to the last* day of Jidy in such year within such city or town, or 
 within seven statute miles thereof or of any part thereof : Provided always, that 
 nothing in this enactment contained shall be deemed to vary or abridge the pro- 
 visions hereinbefore made relative to the right of voting for any city or town 
 being a county of itself, in respect of any freehold for life or lives : Provided 
 also, that every freehold or burgage tenement which may be situate without the 
 present limits of any such city or town being a county of itself, but within the 
 limits of such city or town, as the same shall be settled and described bj^ the Act 
 to be passed for that purpose as hereinbefore mentioned, shall confer the right 
 of voting in the election of a member or members to serve in any future Parlia- 
 ment for such city or town in the same manner as if such freehold or burgage 
 tenement wei"e situate within the present limits thereof. 
 
 " XXXII r. And be it enacted, that no person shall be entitled to vote in the 
 election of a member or members to serve in any future Parliament for any city 
 or borough, save and except in respect of some right conferred by this Act, or as 
 a burgess or freeman, or as a freeman and liverjonan, or, in the case of a city or 
 town being a county of itself, as a freeholder or burgage tenant, as hereinbefore 
 mentioned : Provided always, that every person now having a right to vote in 
 the election for any city or borough (except those enumerated in the said 
 schedule (A.) in virtue of any other qualification than as a burgess or freeman, 
 or as a fi-eeman and liveryman, or, in the case of a city or town being a county 
 of itself, as a freeholder or burgage tenant, as hereinbefore mentioned, shall 
 retain such right of voting so long as he shall be qualified as an elector according 
 to the usages and customs of such city or borough or any law now in force, and 
 such person shall be entitled to vote in the election of a member or members to 
 servo in any future Parliament for such city or borough, if duly registered 
 according to the provisions hereinafter contained ; but that no such person shall 
 
 * See footnote at page 66.
 
 72 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 be so registered in any year unless he shall, on the last* day of July in such year, 
 be qualified as such elector, in such manner as would entitle him then to vote if 
 such day were the day of election and this Act had not been passed, nor unless 
 such person, where his qualification shall be in any city or borough, shall have 
 resided for six calendar months next previous to the last* day of Jnhj in such 
 year within such city or borough, or within seven statute miles from the place 
 where the poll for such city or borough shall heretofore have been taken, nor 
 unless such person, where his qualification shall be within any place sharing in 
 the election for any city or borough, shall have resided for six calendar months 
 next previous to the last* day of July in such year within such respective place 
 so sharing as aforesaid, or within seven statute miles of the jilace mentioned in 
 conjunction with such respective place so sharing as aforesaid, and named in the 
 second column of the schedule marked (E. 2) to this Act annexed : Provided, 
 nevertheless, that every such person shall for ever cease to enjoy such right of 
 voting for any such city or borough as aforesaid if his name shall have been 
 omitted for two successive years from the register of such voters for such city or 
 borough hereinafter directed to be made, unless he shall have been so omitted in 
 consequence of his having received parochial relief within twelve calendar 
 months next previous to the last* day of Jitly in any year, or in consequence of 
 his a.bsence on the naval or military service of His Majesty." 
 
 (2) Procedure for Registration. — On or before July 20tli, poor 
 rates due on the previous January 5 must be paid by inhabitant 
 householders, and poor rates and assessed taxes similarly due 
 must be paid by £10 occupiers. On the 1st day of August 
 town clerks must publish lists of inhabitant householders, of £10 
 occupiers, and of reserved rights of voting (if any). All notices 
 of objection must be posted, so that in the ordinary course of post 
 they shall reach the persons to whom they are addressed not later 
 than the 2oth of August. Also, not later than this day persons 
 whose names have been omitted from the lists must send in their 
 claims. Lodgers claiming for the first time must do so between the 
 1st and 25th of August; afterwards their claims for continuance on 
 the register should be made by the 25th of July.f Lists of persons 
 claiming, and of persons objected to, are to be published by town 
 clerks and overseers on the 1st day of September. The names of 
 lodgers are to be made into a separate list. Between September 15 
 and October 31, both inclusive, the Revising Barrister must hold 
 courts, of which seven days' notice is to be given to the town clerk, 
 who in turn will advertise the fixtures by notice on the town hall, 
 and on every church, chapel, or meeting-house. With respect to the 
 revision which, by 41 and 42 Victoria, c. 26, in Cities and Boroughs, 
 both parliamentary and municipal, is combined for the parliamentary 
 register and the burgess roll, sections 15 to 23 of the Act may be 
 here usefully abstracted : — 
 
 " S. 15. Where the whole or part of the area of a municipal borough is 
 
 * See footnote at page 6G. f See footnote at page 70 (and page 74).
 
 THEIR GROWTH AND DEVELOPMENT. 73 
 
 co-extensive with or included in the area of a j)arlianientary Itorough, the lists 
 of parliamentary voters and the burgess lists shall, so far as practicalde, be made 
 out and revised together. In every such case the overseers of every parish 
 situate wholly or partly either in the jtarliamentary 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 
 B. 3 of the Representation of the People Act, 1867, to be regi-stered as voters 
 for the parliamentary borough in respect of the occupation of property situate 
 wholly or partly within that parish, or entitled to be enrolleil 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 
 effect : — (1.) The lists shall be in substitution for the lists of persons so en- 
 titled, which are required to be made out under the Parliamentary Registration 
 Acts and the Municipal Corporation Acts : (2.) Where the parish is situate, 
 wholly or partly, botli in the parliamentary borough and in the municipal 
 borough, the list for the parish shall be made out in three divisions : Division 
 One shaU comprise the names of the persons entitled both to be registered as 
 parliamentary voters under a right conferred as aforesaid, and to be enrolled as 
 burgesses ; Division Two shall comprise the names of the persons entitled to be 
 registered as parliamentary voters under a right conferred as aforesaid, but not 
 to be enrolled as burgesses ; Division Three shaU comprise the names of the 
 persons entitled to be enrolled as burgesses, but not to be registered as 
 parliamentary voters under a right conferred as aforesaid: (3.) Each list shall 
 state the surname and other name or names of every person whose name is 
 inserted therein, his place of abode, the nature of his qiialification, and the 
 situation and description of the property in respect of which he is entitled: 
 (4.) Each list shall be signed and otherwise dealt with in manner directed by the 
 Parliamentary Registration Acts with respect to the alphabetical lists mentioned 
 in 8. 13 of the Parliamentary Registration Act, 1843 : (5.) Where no part of 
 the parish is situate within the municipal borough, the list for the parish shall 
 be deemed to be a list of voters for the parliamentary borough : (G.) Where 
 no part of the parish is situate within the parliamentary borough, the list for the 
 parish shall be deemed to be a burgess list for the municipal borough : (7.) Where 
 the list is made out in divisions, Divisions One and Two shall be deemed to be 
 list of voters for the parliamentary borough, and Divisions One and Three shall 
 be deemed to bo 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 convenience 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 con- 
 veniently comi)iled 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, 18G7, the registration of such persons sh;dl be carried out in the 
 manner tlirected by the I'arliamontaiy Registration Acts, as modified by this Act. 
 S. 17. In the case of a parliamentaiy borough which inclutles in whole or in part 
 more municipid boroughs than one, each such municipal borough shiJl, for the 
 purposes of this Act, be de;ilt with sepai-ately, and as if oacli were the only 
 municipal borough included in whole or in part in such parliamentary borough ; 
 and if any parish is partly in one and partly in another or others of such
 
 74 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 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 
 Corporation 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 modiiied by tliis 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 oiit under those Acts, and 
 as if the municipal borough to wliich such burgess lists relate were a parlia- 
 mentary borough : Provided as follows : — (1.) Notliing in tliis Act shall authorise 
 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 
 authorise any person entered on a list of parliamentary 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 copied for the 
 burgess roU in manner directed by the Municipal Corporation Acts. S. 19. Where 
 the whole or part of the area of a municipal borough is co-extensive with or 
 ".ncluded 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 roU, shall be made out at the same time and in 
 the same manner as the burgess 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 boroiigh, 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 parliamentary 
 boroughs and municipal boroughs respectively, or any of those documents, shaU, 
 so far as they relate to persons qualified in respect of the ownersliip or occupation 
 of property (including persons qualified in respect of lodgings), be 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 municipal borough the council of the municipal 
 borough, S. 22. Where a person is.entered in respect of lodgings on the register 
 of voters for the time being in force, and desires to be entered on the next 
 register in respect of the same lodgings, he may claim to be so entered by 
 sending notice of his claim to the overseers of the parish in which Ixis lodgings 
 are situate on or before the 25th July, The overseers shall on or before the last 
 day of July make out a list of all persons so claiming, and if they have reasonable
 
 THEIR GRO^VTH AND DEVELOPMENT. /O 
 
 cause to believe that any person whose name is entered on the list is not entitled 
 to be registered or is dead, shall add in the margin of the list opposite his name 
 the Words " objected to " or " dead " as the case may be. The lists so made out 
 shall be signed, publisliod, and otherwise dealt with in the same manner as the 
 al[)lial>etical lists mentioned in s. 13 of the Parliamentary Registration Act, 1843, 
 and shall for the purposes of the Parliamentary Registration Acts be 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 the 
 overseers have so written the words "objected to" or "dead" shall be deemed 
 to be duly objected to. S. 23. In the case of a person claiming to vote as a 
 lodger, the declaration annexed to hia notice of claim shall, for the purposes of 
 revision, be prima facie evidence of his qualification." 
 
 The new register, revised as above, comes into operation on the Ist 
 of January following; the burgess roll on the 1st of ISovember 
 following. Both remain in force for ooe year. 
 
 (3) Procedure in Elections. — The appended extract from a Parlia- 
 mentary paper, issued in 1872, best describes the course of proceedings 
 in connection with a borough election. 
 
 (Say) July 1. Eeceipt of writ. 
 
 ,, 2. Ijast possible day for notice. 
 
 „ 4. First possible day for nomination. 
 
 „ 5. Last possible day for nomination. 
 
 „ 6. First possible day for poll in ordinary boroughs. 
 
 „ 7. First possible day for poll in district boroughs. 
 
 ,, y. Last possible day for poll in ordinary boroughs. 
 
 „ 12. Last possible day for poll in district boroughs. 
 
 The Act 35 and 36 Victoria, c. 33, prescribes that the voting shall 
 be by ballot. The returning officer in a city or borough is the Mayor, 
 unless the city or borough be a county of itself, in which case the 
 duties devolve upon the Sheriff. 
 
 The classes of persons ineligible to sit in the House of Commons 
 comprise — aliens; minors; English and Scotch peers (Irish peers 
 may sit for English constituencies) ; clergymen of the Church of 
 England ; bankrupts ; felons during the term of their sentence ; 
 judges ; London police magistrates ; revising barristers and returning 
 officers, so far as relates to the constituency to which they are 
 attached; holders of certain offices specified by statute; and con- 
 tractors with Government. Candidates at Parliamentary elections 
 found guilty of bribery are disqualified for the term of seven years 
 from the date of being so reported to the House. 
 
 The Tables in this section have been compiled from the particulars 
 contained in a large number of Parliamentary Reports and Heturns 
 extending from the year 1830 to 1879. The more recent 
 information has been secured by direct application to the chief 
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 88 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 SUMMARY AND COMPARISONS. 
 
 Cities and Boroughs under the Municipal Act of 1835 
 (named in Tables 2 and 3) which have direct Parlia- 
 mentary representation are in number ... ... 158 
 
 Borouo-hs under the Municipal Act of 1835 which are 
 contributory to other Boroughs for the purposes of 
 Parliamentary representation, are in number ... 20 
 
 Total number of Members representing Cities and 
 Boroughs governed under the Municipal Act of 
 1835, in 1879, as per Tables 2 and 3 240 
 
 Tables 2, 3, and 4. 
 Excess of number of electors in 1879 over the number 
 of electors immediately before the passing of the 
 Eeform Act of 1832 1,056,347 
 
 Excess of number of electors in 1879 over the number of 
 electors on the first registers after the passing of the 
 Reform Act of 1832 992,898 
 
 Excess of number of electors in 1879 over the number of 
 electors on the registers immediately preceding the 
 passing of the Reform Act of 1867 ... ... ... 874,010 
 
 Excess of number of electors in 1879 over the number of 
 electors on the first registers after the passing of 
 the Reform Act of 1867 320,814 
 
 Proportionate representation of the population (according 
 to the census of 1871) of the Municipal Cities and 
 Boroughs governed under the Municipal Act of 
 1835, which are also Parliamentary Cities and 
 Boroughs (omitting fractions) ... ... 1 member to every 
 
 29,426 inhabitants. 
 
 (5.) The Governing Body. 
 
 The Tables of this Section, combined with those of Section 3, will, 
 of themselves, shew the extremely small share which the real com- 
 munity of each city and borough had in the election of the governing 
 body previous to 1835. The general character of the Councils, their
 
 THEIR GROWTH AND DEVELOPMENT. 89 
 
 /■ 
 
 exclusive and party spirit, and the extent to which they were vitiated 
 by the defects of their organization, have already been referred to. 
 The ISIunicipal Commissioners passed a scathing condemnation upon 
 them in the following terms : — " So far from being the representa- 
 tives, either of the population or the property of the town, they do 
 not represent even the privileged class of the freemen ; and being 
 elected for life, their proceedings are unchecked by any feeling of 
 responsibility. The discharge of the functions with which they are 
 entrusted is rendered difficult by the dislike and suspicion which their 
 manner of election entails upon them." 
 
 The ancient Councils were, in most places, composed of two classes, 
 " aklerracn " and " councilmen." In a few corporations the alder- 
 men had distinct powers, and met separately, from the " councilmen," 
 as in London ; in others, the distinction was merely honorary. Some 
 of the corporations possessed more than two classes in the Council, 
 and in several certain officers became permanent members of the 
 Council by virtue of their office. The subjoined extract from the 
 Commissioners' Report succinctly describes the prevailing method of 
 election : — 
 
 " There are very few instances in the corporations of indefinite number, in 
 •which, as at Berwick-upon-Tweed and Ipswich, the general body of the freemen 
 have the power of choosing whomsoever they please of themselves as the head of 
 the corporation. Sometimes he is chosen by the freemen from the aldermen, or 
 from the members of the Common Council. In some boroughs he is chosen by 
 the body at large from among two or more nominated by the select body. The 
 most common case is, that he is selected either from the aldermen or common 
 councilmen by the Court of Aldermen or Common Council. In London, and 
 some other towns, he is elected by a popular assembly from the aldermen. * * 
 In some places he is presented by the Jurors of the Court leet. In several 
 boroughs the same person is re-eligible only after a given interval. In all cases 
 
 the election is for a year. The members of the Common Council are elected, 
 
 in the great majority of instances, by the Common Council, or that division of it 
 commonly comprised under the name of aldermen. In some cases they are 
 nominated by the mayor. The election is generally for life. Residence is some- 
 times a necessarj^ qualification ; often it is little attended to. The aldermen 
 generally fill up vacancies in their own body, from the other division of the 
 Common Council ; in other cases this class consists of aU who have passed the 
 chair. The aldermen also are usually chosen into that class for life. London 
 and Norwich afi'ord instances, among others, of elections by large bodies of free- 
 men. In both these cities the aldermen are elected for life, and the common 
 councilmen annually. * * In Norwich all are elected by the freemen without 
 any qualification of residence, property, or local taxation." 
 
 The regulations as to the election of mayor, aldermen, and coun- 
 cillors, and the procedure at meetings of the Council, enacted by 
 5 & 6 William lY., c. 76, will be best subdivided under the follow-
 
 90 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 ing heads : — (1) Election of Councillors. [Under this head several 
 clauses, which apply alike to the mayor, aldermen, and officers, are of 
 necessity introduced] ; (2) Election of Aldermen ; (3) Election of 
 Mayor ; (4) The Council ; its Meetings ; and its Officers. Subse- 
 quent statutes amending the above Act in minor points are quoted 
 at the foot of each page, or in order of sequence; but those effecting 
 important alterations are stated chronologically. 
 
 (1) Election of Councillors. — All persons on the burgess roll, and 
 none others, are entitled to vote in the election of town councillors, 
 which is to take place on the first of November in every year, unless 
 that day happens to fall on a Sunday. One third of the council go 
 out of office each year, so that the term of office for each councillor is 
 three years. When a borough is not divided into wards, the election 
 of councillors is to be held before the mayor and the assessors* of the 
 borough, but when the borough is divided into wards, then before 
 the alderman of the ward and the two assessors of the ward. The 
 voting at every such election is to commence at nine o'clock in the 
 forenoon, and is finally to close at four o'clock in the afternoon of the 
 same day, but the poll may be closed at any time before four o'clock 
 if one hour shall have elapsed without a vote having been tendered.! 
 The provisions of this Act with respect to the mode of taking the poll 
 are now superseded by those of the Ballot Act, and of the Act 38 & 39 
 Yict. c. 40 (which see at laage 100.) No inquiry can be made of any 
 burgess tendering his vote except as follows : that the maj^or or other 
 officer presiding at the election must, if required by any two bur- 
 gesses entitled to vote, put to the voter at the time of his delivering 
 in Ms voting paper, and not after, the following questions or any of 
 them, and no other: 
 
 1. Are you the person whose name is signed as A.B. to the voting 
 paper now delivered in by you ? 
 
 2. Are you the person whose name appears as A.B. on the burgess 
 roll now in force for this borough, being registered therein as rated 
 
 for property described to be situated in ? (specifying the street, 
 
 &c., as described on the burgess roll) . 
 
 3. Have you already voted at the present election ? 
 
 No person who is required to answer any of the said questions is 
 to be permitted to vote until he has answered them, and any person 
 who gives a false answer commits a misdemeanour, and may be 
 indicted and punished accordingly. It is perhaps worth while 
 observing that the strict prohibition in the Act against putting any 
 
 * See 41 k 42 Vict. c. 26, s. 20 (page 74). f 7 Will. IV. and 1 Vict. c. 78. s. 18.
 
 THETTl GROWTH AND DEVELOPMENT. 91 
 
 but the three questions we have given above prevents nny inquiry 
 into a voter's change or loss of qualification. Once on llio burgess 
 roll a person is entitled to vote during the year in which tliat roll is 
 in force, whether he does or does not possess the same or any 
 qualification. The voting being over, the mayor and assessors, or, if 
 the borough be divided into wards, the presiding alderman and 
 assessors, are to examine the voting papers in order to see who has 
 been elected. In case of any equality of votes for two or more 
 persons, the returning officer (mayor or alderman) and assessors, or any 
 two of them, are to give a casting vote or votes. A list of the persons 
 elected is to be published not later than two o'clock p.m.* on the 
 following day, unless it happens to be Sunday, and then on Monday. 
 
 Where the majority of electors vote for a disqualified person in 
 ignorance of the fact of disqualification, the election may be void or 
 voidable, or, in the latter case, may be capable of being made good, 
 according to the nature of the disqualification. The objection may 
 require ulterior proceedings to be taken before some competent 
 tribunal 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 w^ere 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 
 i^iso facto elected. But when an elector before voting receives due 
 notice that a particular candidate is disqualified, and yet will do 
 nothing but tender his vote for him, he must be taken as voluntarily 
 abstaining from exercising his franchise, and as violating his duty 
 of assisting at the election.! 
 
 We have hitherto said nothing on the subject of the wards 
 into which most boroughs are divided, or on the manner in 
 which the election of councillors is conducted in that case. It 
 now becomes necessary that we should touch briefl}' on both 
 points. Under the Act of 1835 it was directed that certain large 
 boroughs should be divided into wards, and barristers were appointed 
 to perform the work, it being provided " that the number of 
 councillors assigned to each ward shall be a number divisible by 
 three." It was then enacted that a third of the councillors for each 
 
 * No publication can be made after two o'clock under any circumstances. It would, 
 if actually made, be a mere nullitj-. 
 t Grant on Corporations, page 399.
 
 92 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 ward — one or more according to the number assigned to the ward — 
 should go out of office on each first of November, so that each 
 councillor would serve three years. The election of councillors in 
 each ward is to be before the aldermen whom the councillors chosen 
 to each ward shall yearly appoint on that behalf, and before the two 
 assessors of each ward ;* the aldermen and assessors having the 
 same power as the mayor and assessors would have had if the borough 
 had not been divided into wards. Burgesses are to vote in the 
 election of councillors and assessors for the w^ard in which the pro- 
 perty for which they are rated is situated, and if any burgess is rated 
 in respect of distinct premises in two or more wards, then he is to be 
 entitled to be enrolled in such one of the said wards as he shall 
 select, but not in more than one. If, at any election of councillors or 
 assessors for any borough, any person is elected a councillor or 
 assessor for more than one ward, he must, within three days' notice 
 thereof, choose, or in default of his choice, the mayor must declare 
 for, which ward he is to serve; and is held to have been elected in that 
 ward only which he so chooses, or which the mayor so declares.! If 
 any extraordinary vacancy (that is a vacancy occasioned by any other 
 cause than the expiration of the time of service) occurs in the office of 
 councillor, auditor, or assessor for any borough, the burgesses entitled 
 to vote are, on a day to be fixed by the mayor of the borough, or in 
 the case of a councillor or assessor, when the borough has been divided 
 into wards, by the alderman of the ward in which the vacancy has 
 happened (such day to be not later than ten days after notice shall 
 have been given to the mayor or town clerk by any two burgesses.) | 
 elect from the persons qualified to be councillors another burgess to 
 supply such vacancy, and every person thus elected will hold office 
 until the person in room of whom he was chosen would regularly 
 have gone out of office. It has been held that an election taken to 
 fill ordinary and extraordinary vacancies both together is wholly bad. 
 In case, therefore, an election to supply an extraordinary vacancy 
 takes place on the day of an ordinary election (that is, on the first 
 of November), care must be taken that in the notice of the election, as 
 
 * By the Act, when a borough is divided into wards, two ward assessors are to be 
 chosen annually by the burgesses of each ward; but see also 41 and 42 Vict., c. 26, s. 20 
 (page 74), as to the abolition of the office of assessor in cities and boroughs which are 
 both Parliamentary and Municipal. 
 
 t See also 34 and 35 Vict., c. 67 (at page 98). 
 
 X Pro%'ided by 16 and 17 Vict., c. 79, s. 11. If through neglect or otherwise the 
 vacancy has not been filled up within the time fixed the High Court of Justice (formerly 
 Court of Queen's Bench) can, in accordance with the provisions of 7 William IV. and 
 1 Vict., c. 78, s. 26, grant a mandamvs for the election.
 
 THEIR GROWTH AND DEVELOPMENT. 93 
 
 well us in all other subsequent proceedings, a distinction is preserved 
 between the two classes of candidates and the two descriptions of 
 vacancies, so that it may distinctly appear who is to fill the extra- 
 ordinary vacancy, and who the ordinary. 
 
 AVith respect to the qualifications requisite (both for aldermen and 
 councillors) it is provided that — 
 
 " No person being in holy orders or being the regular minister of 
 any dissenting congregation shall be qualified to be elected, or be a 
 councillor of any siuch borough, or an alderman of any such borough ; 
 nor shall any person be qualified to be elected, or to be a councillor, 
 or alderman of any such borough who shall not be entitled to be on 
 the burgess list of such borough, nor unless he shall be seised or 
 possessed of real or personal e&tate or both to the following amount, 
 that is to say, in all boroughs directed by this Act to be divided into 
 four or more wards to the amount of £1,000, or be rated to the 
 relief of the poor of such borough upon the annual value of not less 
 than £30, and in all boroughs directed to be divided into less than 
 four wards, or which shall not be divided into wards, to the amount 
 of £500, or be rated to the relief of the poor in such boroughs 
 upon the annual value of not less than £15, or 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 such borough, or during 
 such time as he shall have directly or indirectly by himself or his 
 partner, any share or interest in any contract or employment with, 
 by, or on behalf of such council : Provided that no person shall be 
 disqualified from being a councillor or alderman of any borough as 
 aforesaid by reason of his being a proprietor or shareholder of any 
 company which shall contract with the council of such borough for 
 lighting or supplying with water or insuring against fire any part of 
 such borough." 
 
 No burgess can be elected a member of the council while holding 
 the office of assessor or auditor. An uncertificated bankrupt is not 
 disqualified from being elected a councillor, though a person on 
 being declared bankrupt Mobile holding the office of a councillor is 
 disqualified to retain, and immediately ceases to hold, the office. Not 
 only are the holders of corporate offices disqualified, under the 
 section we have just quoted, from election to the council, but also 
 the holders of places of profit in the gift of the council. Thus, the 
 town clerk, the treasurer, the registrar of a local court are all 
 disqualified. The clerk to the justices, holding neither a corporate 
 office nor a place of profit under the council, may be elected a 
 councillor; but, if he be, the justices must immediately discharge
 
 94 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 him, since the 102nd section of the Act provides that it shall not be 
 lawful for the justices to appoint or continue as their clerk any 
 alderman or councillor of the borough. Under the word '•' contract," 
 in the latter part of the section we have just set out, it was held that 
 not only did dealings between a corporation and a private individual 
 for the supply of goods or commodities disqualify him for the office 
 of a councillor, but that the same effect was produced by other 
 transactions to which the legislature did not intend to attach this 
 consequence. It was accordingly enacted by the 5th and 6th Yict. 
 c. 104, " that the word ' contract ' shall not extend or be construed 
 to extend to any lease, sale or purchase of any lands, tenements, or 
 hereditaments ; or to any agreement for any such lease, sale, or 
 purchase; or for the loan of money; or for any security for the 
 payment of money only." Also, by the loth Yict. c. 5, proprietors 
 of newspapers in which are inserted advertisements relating to the 
 affairs of the corporation are not to be thereby deemed to have an 
 interest in a contract or employment within this section, and are 
 exempted from disqualification on that account. 
 
 The provisions of the Municipal Corporations Act of 1835 as to 
 the declarations to be made by Mayors, Aldermen, and Councillors, 
 have been superseded by those of the Promissory Oaths Act (31 & 32 
 Yict. c. 72.) ' 
 
 Every person who, being duly qualified, is elected to the office of 
 alderman, councillor, auditor or assessor, and every councillor who is 
 elected to the office of mayor for any borough, must accept the office 
 to which he has been elected, or must pay to the mayor, aldermen, 
 and burgesses of such borough, such fine not exceeding £50 in case 
 of aldermen, councillors, auditors, and assessors, and such fine not 
 exceeding £100, in case of a mayor, as the council shall by bye-law 
 declare to be payable. The fine, if not duly paid, is to be levied by 
 warrant of a justice, issued at the application of the council, upon 
 the goods and chattels of the defaulter. The acceptance of office 
 under this part of the Act is the making and subscribing of the 
 declaration before referred to (that contained in the Municipal 
 Corporations Act) within five days after notice of election. If a 
 person duly elected fail to do this, he will be liable to pay the fine, 
 and the office will be deemed vacant, and will be filled up by a fresh 
 election. It is, however, provided that no person disabled by lunacy 
 or imbecility of mind, by deafness, blindness, or other permanent 
 infirmity of body, shall be liable to a fine; that every person who is 
 above sixty-five years old when elected, or who has already served 
 the municipal offices in question, or paid the fine for non-acceptance.
 
 THEIR GROWTH AND DEVELOPMENT. 95 
 
 shall be exempted from accepting or serving any of them if he claim 
 his exemption within five days after receiving notice of his election ; 
 and that nothing in the Act shall have the effect of compelling the 
 acceptance of any office or duty whatever in any borough by any 
 military, naval, or marine officer in His ^lajesty's service on full pay, 
 or by any officer or other person employed and residing within any 
 of His Majesty's dockyards, victualling establishments, arsenals, or 
 barracks. 
 
 If any person holding the office of mayor, alderman, or councillor 
 for any borough is declared bankrupt, or compounds by deed with 
 his creditors,* or being mayor is absent from the borough for more 
 than two calendar months, or being an alderman or councillor for 
 more than six months, at one and the same time (unless in case of 
 illness), such person immediately becomes disqualified and ceases to 
 hold the office (being liable in case of absence to the same fine as if 
 he had refused to accept office), which the council are forthwith to 
 declare void, by notice in writing under the hands of three or more 
 of them, countersigned by the town clerk, to be affixed in some 
 public place within the borough. The cause of disqualification, 
 however, having been removed — by the grant of a certificate to the 
 bankrupt, &c.., or by return to the borouglx, the person thus removed 
 from office may, if otherwise qualified, be re-elected. The mode 
 herein pointed out for giving the notice must be strictly pursued ; 
 the office is not void until the vacancy is duly declared. 
 
 Every councillor is prohibited from being interested or concerned 
 or being employed directly or indirectly as an architect, builder, 
 artist, mechanic, workman, trader, merchant, or otherwise, in any 
 part of the work to be done or materials to be supplied in building a 
 borough gaol or house of correction, or in any contract relating 
 thereto ; and anyone while in office, on becoming interested, concerned, 
 or employed in such work or contract, shall thenceforward be 
 disqualified from continuing to hold such office, and also from being 
 thereafter elected or appointed to fill any corporate office within the 
 borough, t 
 
 It only remains to add in connection with the revision of the 
 burgess list, and the election of councillors, assessors, &c., that if 
 any mayor, alderman, or assessor neglects or refuses to peri'orm any 
 duty imposed upon him by law, in respect either of such revision or 
 
 * See also 32 & 33 Vict., c. 63 (at page 98). 
 
 t The Act 40 & 41 Vict., c. 21 (Prisons Act) would seem to have rendered this 
 provision nugatory, all prisons being now the property of the Government, and practi- 
 cally separated from the local control formerly exercised.
 
 96 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 such election, he is liable to a fine of £100. We have already seen 
 that the overseers and the town clerk are liable to a penalty of £50 
 for similar neglect or refusal in reference to the preparation of the 
 burgess lists. These penalties are recoverable, with full costs of suit, 
 by any person who chooses to sue for the same, within three calendar 
 months after the commission of such offence, in any of the superior 
 courts. Half the money recovered is, after payment of the costs and 
 expenses of its recovery, to be paid to the person suing for it, while 
 the other half is to go to the borough fund. 
 
 The Act 7 William IV. and 1 Victoria, c. 78, enacts, among its 
 miscellaneous provisions, that : — S. 1. No election of any person into 
 any corporate office shall be questioned for want of title in the pre- 
 siding officer, provided such officer is in actual possession of, or acting 
 in, the office, giving the right to preside at such election. S. 18. At 
 any election under the provisions of the Municipal Corporations Act, 
 or of this Act, it shall be lawful for the presiding officer to close the 
 poll at any time before four o'clock if one hour shall have elapsed 
 during which no vote has been tendered for any candidate ; provided, 
 however, that no person or persons have, within the last hour, been 
 prevented from coming to the poll by any riot, violence, or other un- 
 lawful means, of which notice shall have been given to the returning 
 officer. S. 23. Every application to the Court of Queen's Bench for 
 the purpose of calling upon any person to show by what warrant he 
 claims to exercise the office of mayor, alderman, councillor, burgess 
 in any borough, must be made before the end of twelve calendar 
 months after the election, or the time when the person against whom 
 such application shall be directed shall have become disqualified, and 
 not at any subsequent time. S. 25. In case the elections of the 
 mayor, or any of the aldermen, councillors, or other corporate 
 officers, are not made upon the day or within the time appointed by 
 the Municipal Corporations Act, or this Act, such elections may be 
 made on the following day. S. 26. When no election, or no valid 
 election of any corporate officer is made, or when the election after- 
 wards, by default or accident, becomes void, the Court of Queen's 
 Bench is empowered to issue a mandamus for such election. 
 
 The Act 6 & 7 Victoria, c. 104, enacts, inter alia, that members of 
 the council shall not take part in any discussion in the issue of which 
 they or their partners have directly or indirectly a pecuniary interest ; 
 that no councillor, alderman, or mayor shall be disqualified for sitting 
 and acting by reason of his being interested in any lease under the 
 corporation ; and that the office of borough sheriff shall not be
 
 THEIR GIIOWTII AND DKVEl.OPM KM'. 97 
 
 deemed one of profit so us to disqualify the holder for a seat in the 
 council. 
 
 The Act 16 & 17 Victoria, c. 79, provides, inter alia, that vacancies 
 in the offices of councillors, &c., are to be filled up within ten days 
 after notice given thereof, by two burgesses, to the mayor or town- 
 clerk. 
 
 The Act 22 Victoria, c. 35, is one of some importance with refer- 
 ence to the regulation of municipal elections. Its importance has, 
 however, been materially diminished by the repeal of the clauses 
 relating to the municipal nomination and the substitution of other 
 provisions by the 38 & 39 Vict., c. 40 (which see at page 100.) Sec- 
 tion 9 provides that any person personating* or inducing another to 
 personate a voter at a municipal election, or wilfully giving a false 
 answer to the questions which ai"e authorised to be put to him at the 
 time of polling, shall be liable, on conviction before the justices io 
 petty sessions, to three months' imprisonment. Section 10 imposes the 
 same punishment upon any one fabricating in whole or in part, alter- 
 ing, defacing, destroying, abstracting, or purloining any nomination 
 or voting paper after the same has been duly filled up. By s. 11, it 
 any person at any election of mayor, councillors, auditors, or assessors 
 for any borough, is guilty of bribery, he is for every such offence to 
 forfeit 40s. to any person who sues for the same in any county court, 
 with full costs of suit ; and any person offending in any case in which, 
 under the Act or Acts for the time being in force with respect to the 
 election of members to serve in Parliament for boroughs in England 
 and Wales, the name of the offender may be expunged from the list 
 of voters (being lawfully convicted thereof), is for the term of six 
 years to be disabled from voting in any election in such borough, or 
 in any municipal or parliamentary election whatever, in any part of 
 the United Kingdom, and is for such terra to be disabled from 
 holding, exercising, or enjoying any office or franchise to which he 
 shall then, or at any time afterwards, be entitled as a burgess of such 
 borough, as if such person w'cre naturally dead. Section 12 enacts 
 that everything which would be " bribery " at a parliamentary, shall 
 also be a bribery at a municipal election. Section 13 gives an appeal 
 to the borough quarter sessions from any conviction under this Act ; 
 and s. 14 provides that all proceedings for enforcing any pains, 
 penalties, forfeitures, or convictions under this Act must be commenced 
 
 * The offence of personation is coniiilete when a person not tlie voter hands in a 
 nomination paper to the polling ollicer, autl it is immaterial that he does not persist, but 
 answers " No," when asked if he is a \oie\-.^ Queen v, Hague, 33 L. J., M.C., 81. 
 
 H
 
 98 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 within six calendar months from, the time when the matter of such 
 proceedings arose. 
 
 The Act 32 & 33 Vict., c. 55, enacts, by s. 3, that a councillor or 
 alderman may reside within fifteen miles of borough. By s. 4, when 
 any borough, consisting of less than four wards, shall at any time 
 hereafter be divided into a greater number of wards, the qualification 
 for an alderman or councillor of such borough shall not be increased 
 or altered in consequence of such division, but shall continue the 
 same as if such borough consisted of less than four wards. Section 5 
 provides that proprietors of shares in companies are not to be deemed 
 contractors, &c., and not to be disqualified from election to mimicipal 
 offices by reason of holding such shares. 
 
 The Act 32 & 33 Vict., c. 63, is for the abolition of imprisonment 
 for debt, and for the punishment of fraudulent debtors, and for other 
 purposes. By s. 21 it is enacted that " the provisions of the Act 
 of the session of the 5th and 6th years of William IV., c. 76, for the 
 regulation of municipal corporations, sees. 52 and 53, as to the dis- 
 qualification of mayors, aldermen, and town councillors having been 
 declared bankrupt, or having compounded by deed with their 
 creditors, shall extend to every arrangement or composition by a 
 mayor, alderman, or town councillor with his creditors under the 
 Bankruptcy Act, 1869, whether the same is made by deed or 
 otherwise." 
 
 The Act 34 & 35 Victoria, c. 67, s. 2, repeals section four of 
 '■ The Municipal Corporations Act, 1859," (22 Vict. c. 35,) and in lieu 
 thereof enacts as follows : — " On the division of any borough into 
 wards, the revising barrister shall apportion all the councillors for 
 such borough amongst the wards into which it shall have been so 
 divided ; and in case of the alteration of the number and boundaries 
 of the wards of any borough already divided into wards, the revising 
 barrister shall apportion the councillors for the wards so altered 
 amongst the new wards in such manner as to provide, so far as may 
 be practicable, for such councillors continuing to represent as large a 
 number as possible of their former constituents ; and eveiy councillor 
 for the borough so divided, or for the wards so altered, as the case 
 may be, shall hold his office in the ward to which he may be assigned 
 by the revising barrister for the same time that he would have held 
 it had the said borough or wards remained undivided or unaltered." 
 
 The Act 35 & 36 Victoria, c. 60, in the words of the preamble, 
 makes provision for the better prevention of corrupt practices at 
 municipal elections, and for establishing a tribunal for the trial of 
 the validity of such elections. It commences by (s. 3) providing
 
 THEIR GROWTH AND DEVELOPMENT. 99 
 
 that tlie definition of " bribery," " treating," " unduo influence," and 
 " personation," shall be the same for a municipal as for a parlia- 
 mentary election. Then by s. 4, where it is found by the report of 
 an election court acting under the provisions of this Act, that any 
 corrupt practice has been committed by, or with the knowledge and 
 consent of, any candidate at an election, such candidate shall be 
 deemed to have been personally guilty of corrupt practices at the 
 election, and his election, if he has been elected, shall be void, and he 
 shall (whether he was elected or not), during seven years from the 
 date of the report, be subject to the following disqualifications, 
 viz. : — (1.) He shall be incapable of holding or exercising any muni- 
 cipal office or franchise, and of having his name placed on the register, 
 or voting at any municipal election. (2.) lie shall be incapable of 
 acting as a justice of the peace, and of holding any judicial office. 
 (3.) He shall be incapable of being elected to, and of sitting or 
 voting in. Parliament. (4.) lie shall be incapable of being registered 
 or voting as a parliamentary voter. (5.) He shall be incapable of 
 being employed by any candidate in any parliamentary or municipal 
 election. (G.) He shall be incapable of acting as overseer or as 
 guardian of the poor. If any person is, upon an indictment or infor- 
 mation, found guilty of any corrupt practice at an election, or is in 
 any action or proceeding adjudged to pay a penalty or forfeiture for 
 any corrupt practice at an election, he shall, whether he was a candi- 
 date at the election or not, be subject, during seven years from the 
 date of the conviction or judgment, to all the disqualifications 
 mentioned in this section. By s. 5, if it is found by an election 
 court acting under the provisions of this Act that a candidate has by 
 an agent been guilty of any corrupt practice at an election, or that 
 any act hereinafter in this Act declared to be an offence against this 
 Act has been committed at an election by a candidate, or by an agent 
 for a candidate with the candidate's knowledge and consent, the 
 candidate shall, during the period for which he was elected to serve, 
 or for which, if elected, he might have served, be disqualified from 
 being elected to and for holding any municipal office in the borough 
 for which the election was held, and if he was elected, his election 
 shall be void. By s. 6 an election for a borough or a ward thereof 
 shall be wholly avoided by such general corruption, bribery, treating, 
 or intimidation at the election for such borough or ward as would by 
 the common law of Parliament avoid an election of members to serve 
 in Parliament for a parliamentary borough. Sections 7 to 11 prohibit 
 paid canvassers and payment for conveyance of voters, and make pro- 
 vision for prosecutions for corrupt practices, for striking off" votes on a 
 
 H 2
 
 100 ENGLISH MUNICIPAL INSTITUTIONS ', 
 
 scrutiny, and as to cases of alleged personation. The second part of 
 the Act, commencing with s. 12, points out the mode in which a 
 municipal election may he questioned. By s. 12 the election of any 
 person at an election for a borough or ward may be questioned by 
 petition before an election court constituted as hereinafter in this Act 
 provided, and hereinafter in this Act referred to as the " court," on the 
 ground that the election was as to the borough or ward wholly avoided 
 by general bribery, treating, undue influence, or personation, or on 
 the ground that the election of such person was avoided by corrupt 
 practices or ofiences against this Act committed at the election, or on 
 the ground that he was at the time of the election disqualified for 
 election to the oflSce for which the election was held, or on the ground 
 that he was not duly elected by a majority of lawful votes. Section 13 
 contains a series of provisions as to form, signature, time and mode 
 of presentation of a petition complaining of a municipal election to 
 the Common Pleas Division of the High Court. By s. 14 an 
 election court for the trial of petitions under this Act is to be con- 
 stituted of a barrister qualified and appointed as hereinafter provided, 
 without a jury. A petition (s. 15) is to be tried in open court, and 
 notice of the time and place at which it will be tried is to be given 
 not less than seven days before the day on which the trial is held. It 
 must be tried within the borough to which it relates ; unless it appears 
 to the superior court that special circumstances exist which render it 
 desirable that the petition should be tried elsewhere. This and the 
 following section contain numerous provisions as to the mode of 
 procedure, &c., at the trial, while s. 17 includes provisions for the 
 withdrawal and abatement of petitions, enacting, amongst other things, 
 that a petition shall be withdrawn without the leave of the court or 
 superior court upon special application, to be made in and at the 
 prescribed manner, time, and place. The remaining sections contain 
 various provisions with respect to procedure, costs, &c. 
 
 The Act 36 & 37 Yict., c. 86, disqualifies every person who, under 
 the Education Act of 1870, is disqualified, by a conviction for corrupt 
 practices at any election, from exercising any franchise for any term 
 of years, from holding any municipal office. 
 
 The Act 38 & 39 Victoria, c. 40, is a very important one, as it 
 now constitutes the law regulating the mode of conducting municipal 
 elections. It will, therefore, be necessary to state its provisions 
 rather fully, and indeed to give the most important sections text- 
 ually. By s. 1, the following provisions are enacted and apply to 
 nominations at all municipal elections of councillors, auditors, and 
 assessors after the passing of this Act: (1.) Nine days at least before
 
 THEIR GROWTH AND DEVELOPMKNT. 101 
 
 any such election the town clerk shull prepare, sign, and publish a 
 notice in the form No. 1 set forth in tlie first schedule to this Act, or 
 to the like effect, by causing the same to be placed on the door of 
 the town hall, and in some conspicuous parts of the borough or ward 
 for which any such election is to be held. (2.) At any such election 
 every candidate shall be nominated in writing ; the writing shall be 
 subscribed by two enrolled burgesses of such borough or ward as 
 proposer and seconder, and by eight other enrolled burgesses of 
 such borough or ward as assenting to the nomination. Each 
 candidate shall 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, but no more. Every person 
 nominated shall be enrolled on the burgess roll of the borough, or a 
 person whose name is inserted in the separate list at the end of the 
 burgess roll, as provided by s. 3 of the Act 32 and 33 Victoria, 
 c. 55, and shall be otherwise qualified to be elected. The nomination 
 paper shall state the surname and other names of the person 
 nominated, with his place of abode and description, and shall be in 
 the form No. 2 set forth in the first schedule to this Act, or to the 
 like effect. And the town clerk shall provide nomination papers, 
 and shall supply any enrolled burgess with as many nomination 
 papers as may be required, and shall, at the request of any such 
 person, fill up a nomination paper in manner prescribed by this Act. 
 (3.) Every nomination paper subscribed as aforesaid shall be 
 delivered by the candidate himself, or his proposer or seconder, to 
 the town clerk, seven days at least before the day of election, and 
 before five o'clock in the afternoon of the last day on which any 
 such nomination paper may by law be delivered; the town clerk shall 
 forthwith send notice of such nomination to each person nominated. 
 The mayor shall attend at the town hall on the day next after the 
 last day for the delivery of nominations to the town clerk, between 
 the hours of two and four in the afternoon, and shall decide on the 
 validity of every objection made to a nomination paper, such objection 
 to be made in writing. The candidate nominated by such 
 nomination paper, and one other person, appointed by or on behalf 
 of the candidate as hereinafter mentioned, and no person other than 
 aforesaid, shall, except for the purpose of assisting the mayor, be 
 entitled to altend such proceedings, and each candidate and the 
 person appointed by him shall, during the time appointed for the 
 attendance of the mayor for the purposes of this section, have 
 respectively power to object to the nomination paper of everj- person 
 nominated at the same election. The decision of the mayor, which
 
 102 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 shall be given in writing, shall, if disallowing any objection to a 
 nomination paper, be final, but if allowing the same, shall be subject 
 to reversal on petition questioning the election or return. The 
 appointment by or on behalf of candidates of persons as aforesaid 
 shall be made in writing under the hand of the candidate, 
 or, in case he is absent from the United Kingdom, then under the 
 hand of his proposer or seconder, and shall be delivered to the town 
 clerk before tive o'clock in the afternoon of the last day on which 
 nomination papers may by law be delivered. The town clerk shall 
 at least four days before the day of election cause the surnames and 
 other names of all persons duly nominated, with their respective 
 places of abode and descriptions, and the names of the persons 
 subscribing their respective nomination papers as proposers and 
 seconders, to be printed and placed on the door of the town hall, and 
 in some conspicuous parts of the borough or ward for which such 
 election is to be held. (4.) Section 8 of the Act of 22 Yict. c. 35, 
 so far as the same is now in force, shall apply to nominations of 
 councillors, auditors, and assessors, duly made and allowed under 
 this Act. Section 3 of the Ballot Act, 1872, shall apply to 
 nomination papers under this Act, and so applied, the words 
 '^ returning officer " shall be taken to include town clerk in reference 
 to the delivery of such nomination papers. By s. 2 the nomina- 
 tion of a person who is absent from the United Kingdom is to be 
 void, unless his written consent, given, within one month of the day 
 of his nomination, before two witnesses, be produced at the time of 
 his nomination. Section 3 authorises the mayor to appoint officers for 
 taking the poll. By s. 4 the provisions contained in rules 16 and 
 19 of the first schedule to the Ballot Act, 1872, are not to apply to 
 any such election, but the mayor is to 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 shall be necessary for effectually taking the poll at such 
 election in other respects in the manner provided by the Ballot Act, 
 1872. Where more candidates are nominated than there are 
 vacancies to be supplied, the mayor must at least four days before 
 the day of election give such public notice as may be required by law, 
 of the situation, division, and allotment of polling places for taking 
 the poll at any municipal election, and of the description of persons 
 entitled to vote thereat and at the several polling stations. Section 5 
 makes the fact of a person's name appearing on the burgess roll 
 for the time being in force in the borough, or on the ward list for the
 
 THEIR CHOWTH AND DEVELOPMENT. 103 
 
 time bcinf^ in force for the ward, conclusive proof of liis rif^lit to sign a 
 nomination paper or vote at an election. Section 7 provides that where 
 more candidates are nominated at any municipal election than there 
 are vacancies to be filled at such election, any of such candidates may 
 withdraw from his candidature by notice signed by him and delivered 
 to the town clerk not later than two o'clock in the afternoon of the 
 day next after the last day for the delivery of nomination papers to 
 the town clerk ; that these notices are to take effect in the order in 
 which they are delivered to the town clerk ; and that no notice is to 
 have effect so as to reduce the number of candidates ultimately stand- 
 ing nominated below the number of the vacancies to be filled. Sections 
 8 and 9 enact that notices by mayor or town clerk may comprise the 
 several wards of borough, and fix the time of holding election on 
 extraordinury vacancies; while s. 10 gives power to town councils to 
 divide wards into polling places as they may think fit. 
 
 The Act 41 and 42 Victoria, c. 2G, (The'Parliamentary and Muni- 
 cipal Registration Act, 1878,) has been already fully noticed at pages 
 72-75. 
 
 The extreme number of councillors named in 5 and 6 TVilliam lY., 
 c. 76, is 48, and although special and local Acts of Parliament have, 
 in some instances, varied the warding and representation, that num- 
 ber has not been exceeded. 
 
 (2) Election of Aldermen. — As to this, the 2oth clause of the 
 Municipal Corporations Act, 1835, provides : — 
 
 " That in eveiy borough shiill be elected, at the time and in the manner 
 hereinafter mentioned, one fit person who shall be and be called ' the mayor ' of 
 such borough ; and a certain number of fit persons who shall be and be called 
 ' aldermen ' of such borough ; and a certain number of other fit persons -who 
 shall be and be called ' the councillors ' of such borough ; and such mayor, 
 aldermen, and councillors for the time being shaU be and be called the council of 
 such borough ; and the number of persons to be elected councillors of such 
 borough shall be the number of persons in that behalf mentioned in conjunction 
 with the name of such borough in the schedules to tliis Act annexed ; and the 
 number of persons to be so elected aldermen sh;dl be one-third of the number 
 of persons so to be elected councillors ; and on the ninth day of November in 
 this present year (1835) the councillors first to be elected under the provisions 
 of this Act, and on the ninth day of November, 1838, and in every third 
 succeeding year, the council for the time being of everj' borough shall elect from 
 the councillors, or from the persons qualified to be councillors, the aldermen of 
 such borough, or so many as shall be needed to supply the places of those who 
 then shall go out of oflice according to the provisions hereinafter contained ; and 
 that upon the ninth day of November in the year 1838, and in ever}- third 
 succeeding year, one half of the number appointed as aforesaid to be the wliole 
 number of the aldermen of every borough, shall go out of ofiice tirst ; and tlio 
 councillors immediately after the first election of aldermen shall appoint who
 
 J 04 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 shall be the aldermen who shall go out of office in the year 1838, and thereafter 
 those who shall go out of office shall always be those who have been aldermen for 
 the longest time without re-election : provided always that any alderman so going 
 out of office may be forthwith re-elected if then qualified as herein provided ; 
 provided also that the alderman so going out of office shall not be entitled to vote 
 in the election of a new alderman." * 
 
 Whenever an extraordinary vacancy takes place in the office of 
 alderman of any borough, the council are, within ten days after such 
 vacancy occurs, on a day to be fixed by the mayor, to elect either 
 from the councillors or from the persons qualified to be councillors, 
 and every person thus elected is to hold office until the time when the 
 person in the room of whom he was chosen would regularly have gore 
 out of office. 
 
 The Act 7 William lY., and 1 Vict., c. 78, s. 14, enacts that 
 elections of aldermen, after the passing of this Act, are to take place 
 in the following manner : that is to say, every member of the council 
 entitled to vote in that election may vote for any number of persons 
 not exceeding the number of aldermen then to be chosen, by person- 
 ally delivering at such meeting to the mayor or chairman of the 
 meeting a voting paper containing the christian names and surnames 
 of the persons for whom he votes, with their respective places of 
 abode and descriptions, such paper being previousl}^ signed with the 
 name of the member of council voting ; and the mayor or chairman 
 of the meeting, as soon as all the voting papers have been delivered 
 to him, is openly to produce and read the same, and is immediately 
 afterwards to deliver them to the town clerk, to be kept amongst the 
 records of the borough ; and in case of equality of votes amongst 
 tliose entitled to vote, the mayor or chairman is to have a casting 
 vote, whether or not he may have been entitled to vote in the first 
 instance. By s. 16, in case of the illness or incapacity to act of 
 any alderman of a ward, the mayor may appoint another alderman to 
 act in his name. 
 
 The Act 6 & 7, Vict., c. 89, provides that when a greater number 
 of persons have been elected, or claim to have been elected aldermen 
 of a borough, than are authorised by the Municipal Corporations Act, 
 the council are, before proceeding to any other business, at the 
 quarterly meeting held on the ninth of November, to declare which 
 
 * Aldermen going out of office cannot vote for their successors, but they are entitled 
 to vote in the election of mayor, although the candidate for whom they vote be an 
 alderman, and the person elected be an outgoing alderman. It has also been held that 
 although an outgoing alderman elected maj^or, and afterwards presiding at the election 
 of aldermen, might at such election give a casting vote, yet he could not give an 
 original vote.
 
 THEIR GROWTH AND DEVELOPMENT. 105 
 
 of the persons so elected or elaimint;, to the number specified by the 
 Act, shall be the aldermen of the borough. 
 
 References to the election, qualifications, and duties of aldermen 
 occur under the foregoing and succeeding subdivisions. 
 
 (3.) Election of Mayor. — "We have now to describe the time and 
 mode in which the head of a corporation is chosen. It is provided 
 by the ^lunicipal Act, that on the ninth day of November the 
 council of the borough shall hold one of their quarterly meetings (as 
 to which see page 108), and that on that day the first business they 
 transact shall be to elect out of the aldermen or councillors a fit person 
 to be mayor * during the ensuing year ; f and in case a vacancy 
 occurs in the office of mayor during any year, in consequence of the 
 person who has been elected thereto not accepting the same, or dying, 
 or ceasing to hold the said office, the council are, within ten days 
 after such vacancy (notice of the meeting for that purpose being 
 given by the town clerk), to elect another person to be mayor for the 
 remainder of the current year. 
 
 If any person act as mayor (this section also applies to the office of 
 alderman, councillor, auditor, or assessor), for auy borough, without 
 having made the required declaration, or without being duly qualified 
 at the time of ruaking such declaration, or after he shall cease to be 
 qualified, or after he shall have become disqualified, he is liable for 
 every such ofience to a penalty of £50 (half to go to the informer), 
 which may be sued for by any burgess within three months after the 
 commission of the ofience. + But all the proceedings of any person 
 
 * The mayor for the time being of everj' borough is a justice of the peace of and for 
 such borough, and continues to be so during the next succeeding year after he ceases to 
 be so, unless he becomes disqualified to act. During his mayoralty he has precedence 
 in all places -n-ithin the borough, including by a subsequent Act (24 & 25 Vict. c. 75, 
 s. 2) precedence at meetings of magistrates within the borough. In boroughs which 
 return members of Parliament other than the town of Berwick-upon-Tweed, and 
 cities and towns which are counties of themselves, he is the returning officer of all 
 parliamentary elections ; and iu case he be dead, absent, or otherwise incapable of acting 
 when he is required to perform the duties of that office, the council are forthwith to 
 appoint one of the aldermen to act in his stead. The mayor may be paid such a salary 
 as the council think fit. 
 
 f Under 6 & 7 William IV. c. 105, s. 4, the mayor continues in office not only for 
 the whole year from one month of November to the following one, but until his 
 successor has accepted the office, and has made and signed the requisite declaration. 
 
 X By G & 7 Will., c. 104, s. 7, no person enrolled on the burgess roll for the time 
 being and who shall act as mayor, alderman, councillor.auditor. or assessor of a borough, 
 shall be liable to any penalty for so acting, on the ground that he was not entitled to be 
 on the burgess list of such borough.
 
 106 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 in possession of the office of mayor, &c,, and acting as such, will be 
 as valid as if he had been duly quahfied,* 
 
 A person bribing, or receiving a bribe, in any election of a mayor 
 or other municipal officer, is, by the Act, rendered liable to a penalty 
 of £50, to be recovered by action in one of the superior courts ; and 
 on being duly convicted of the offence, he is for ever disabled to vote 
 in any election in such borough, or in any municipal or parliamentary 
 election in any part of the United Kingdom ; and from holding, 
 exercising, or enjojdng any office or franchise to which he then shall 
 or at any time afterwards may be entitled as a burgess of such 
 borough, as if such person were naturally dead. But if a person so 
 offending does, within twelve months after the election, and before 
 he has been himself convicted, discover another offender {" so that such 
 other person be thereon convicted") he will be discharged from all 
 penalties and disabilities which he may have incurred. The action 
 for the penalty must in any case be commenced within two years 
 after the commission of the offence. t 
 
 The Act 6 & 7 Yict., c. 89, provides that no election of a mayor 
 shall be liable to be questioned by reason of any defect in the title of 
 the person elected to the office of alderman or councillor, unless by 
 q^^o warranto within twelve calendar months after his election to the 
 said office of alderman or councillor ; and all elections of corporate 
 officers not thus called in question are to be deemed valid. 
 
 The Act 16 and 17 Victoria, c. 79, pro^ddes, infer alia, that the 
 mayor of a borough may, during his illness or absence from the 
 
 The title of Ex-mayor is generally supposed to be confined to the immediate 
 past mayor, but it would be difficult to logically dispute the claim of any person, who 
 has held the office of mayor, to the designation, as the following quotation fi-om Littre 
 will shew : — Ex: Particule qui se joint i)ar le trait d'union a. certains mots pour 
 exprimer I'etat on la position anterieure d'xme personne : im ex-ministre, un ex-depute. 
 Etym. : Lat. : ex ; Grec : it, hors. 
 
 * It has been a subject of debate 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 in succession without the oath being again taken at the commencement of 
 the second year, any magisterial acts which might be performed in the year after vaca- 
 tion 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. 
 
 t See page 97 (as to 22 Vict., c. .35), and page 98 (as to 35 & 36 Vict., c. 60.) Four- 
 teen days' notice of the intention to bring such action must be given to the person 
 offending.
 
 THEIR GROWTH AND DEVELOPMENT. 107 
 
 borough, appoint an alderman or councillor to act as his deputy ; * 
 that if in any borough the number of aldermen docs not exceed the 
 number of wards, the maj'or shall, in the case of the illness or 
 incapacity to act of any alderman at an election, appoint a councillor 
 (not being a councillor of the ward) to preside at the election ; that 
 vacancies in the offices of councillor, auditor, or assessor, are to be 
 filled up within ten days after notice given thereof, by two burgesses, 
 to the mayor or town clerk ; that the mayor may appoint a substitute 
 for a deceased assessor until his successor be elected ; and that in the 
 case of an equality of votes for the election of alderman, the mayor 
 shall have a casting vote. 
 
 The Act 30 and 31 Victoria, c. 75, s. 4, provides that every person 
 holding any corporate office may attend and be present at any place 
 of public meeting for religious worship in England, Ireland or 
 Scotland in his robe, gown, or other peculiar habit of his office, or 
 with the ensign or insignia of or belonging to the same, without 
 incurring any forfeiture of office or penalty for such attendance. 
 
 The provisions of the law affecting any material point in the 
 election of the members of a council have, thus far, been exhausted, 
 but, as previously remarked, the present and two preceding sub- 
 divisions comprise quotations which apply alike to mayor, aldermen, 
 and councillors. 
 
 (4.) The Council — its Meetings and its Chief Officers. — The 
 Council being duly constituted, we have now to consider what 
 are its powers, and what are the regulations laid down for the 
 transaction of business. The Municipal Act prescribes the mode in 
 which meetings are to be called, and in which their deliberations are 
 to be conducted ; and it determines what business may or may not 
 be transacted at any meeting. This is so important a section, that it 
 will probably be most satisfactory to give it entire. It is as 
 follows : — 
 
 " And be it enacted that all acts whatsoever anthorised or required by virtue 
 of this Act to be done by the Council of such borough, and ;xll questions of 
 adjournment, or others that may come before such CouncU, may be done and 
 decided by the majority of the members of the Coimcil who shall be present at 
 any meeting held in pursuance of this Act, the whole number present at such 
 meeting being not less than one-third part of the number of the whole Council ; 
 
 * The d(>pnty maj' do nil that the mnyor could do in his oftioial capacity except act 
 as justice of the peace (if he be not one), or preside at a meetiug of the council 
 (unless specially appointed by the meeting so to do).
 
 108 E]S'GLISH MUNICIPAL INSTITUTIONS ; 
 
 and at all such meetings the mayor, if present, shall preside ; and the mayor, or 
 in the absence of the mayor, such alderman, or in the absence of all the aldermen, 
 such councillor, as the members of the Council then assembled shall choose to be 
 the chairman of that meeting, shall have a second or casting vote in all cases of 
 equality of votes ; and minutes of the proceedings of all such meetings * shall be 
 drawn up and fairly entered in a book to be kept for that purpose, and shall be 
 signed by the mayor, alderman, or councillor presiding at such meeting, and the 
 said minutes shall be open to the inspection of any burgess at aU reasonable 
 times on payment of a fee of one shilling : [By subsequent Acts the burgess is 
 further permitted to copy or make extracts from the minutes.] Provided always 
 that, previous to any meeting of the Council held by virtue of this Act, a notice 
 of the time and place of such intended meeting shall be given three clem- days at 
 least before such meeting, by fixing the said notice on or near the town hall of the 
 borough, and siich notice shall be signed by the mayor, who shall have power to 
 call a meeting of the council as often as he shall think proper ; and in case the 
 mayor shall refuse to call any siich meeting after a requisition for that purpose, 
 signed by five members of the council at the least, shall have been presented to 
 him, it shall be lawful for the said five members to call a meeting of the council 
 by giving such notice as is hereinbefore required in that behalf, such notice to be 
 signed by the said members instead of the mayor, and stating therein the business 
 proposed to be transacted at such meeting ; and in every case a summons to attend 
 the council, specifying the business to be transacted at such meeting, signed by 
 the town clerk, shall be left at tlie usual place of abode of every member of the 
 council, or at the premises in respect of which he is enrolled a burgess, three 
 clear days at least before such meeting ; and no business shall be transacted at 
 such meeting other than is specified in the notice. Provided always that there 
 shall be in every borough four quarterly meetings in every year, at which the 
 council shall meet for the transaction of general business, and no notice shall 
 need to be given of the business f to be transacted on such quarterly days ; and 
 the said quarterly meetings shall be holden at noon, on the ninth, or, if the ninth 
 day of November shall faU on a Sunday, on the day following, and at such hour 
 on such other three days before the first day of November then next following as 
 the council at the quarterly meeting in November shall decide : and the first 
 business transacted at the quarterly meeting in November shall be the election of 
 Mayor. 
 
 The Council are empowered to appoint as many committees as 
 they think fit, for any purpose which, in their discretion, would be 
 better managed by such committees ; but the acts of such committees 
 must be submitted to the Council for their approval. 
 
 One of the most important powers conferred upon the Council 
 
 * The minutes must be actually made at the meeting, and must be signed by the 
 Mayor (or Chairman), there and then. 
 
 ■f At an adjourned quarterly meeting notice must be given of any business which 
 was not actually begun at the quarterly meeting ; but of business actually commenced 
 no notice is requisite.
 
 THEIR GROWTH AND DEVELOPMENT. 109 
 
 under the Act, is that of making bye-laws. With respect to this, it 
 is enacted that — 
 
 " It shall be lawful for tlio council of any borough to make such bye-laws as to 
 them shall seem meet for the gotjd rule and government of the borough, and fur 
 the prevention and suppression of all such nuisances as are not already punishaljle 
 in a summary manner by virtue of any Act in force throughout such borough, 
 and to appoint by such bye-laws such fines as they shall deem necessary for the 
 prevention and suppression of such ofi'ences : Provided that no fine so to be 
 appointed shall exceed the sum of £5, and that no such bye-laws shaU be made 
 unless at least two-thirds of the whole number of the council shall be present : 
 Provided that no such bye-laws shall be of any force until the expiration of forty 
 days after the same, or a copy thereof, shaU have been sent, sealed with the seal 
 of the said borough, to one of His Majesty's principal Secretaries of State, and 
 shall have been affixed on the outer door of the town hall or in some other public 
 place within such borough ; and if at any time within the said period of forty 
 days His IMajesty, with the advice of his Privy Council, shall disallow the same 
 bye-law or any part thereof, such bye-law or the part thereof disallowed shall 
 not come into operation : Provided also that it shaU be lawful for His Majesty, 
 if he shall think fit, at any time within the same period of forty days, to enlarge 
 the time within which such bye-law, if disallowed, shall not come into operation : 
 Provided also, that it shall be lawful for His Majesty, if he shall think fit, at any 
 time within the said period of forty days, to enlarge the time within which such 
 bye-law, if not disallowed, shall not come into force ; and no sucli bye-law sliall, 
 in that case, come into force until after the expiration of such enlarged time." 
 
 The provisions of the Act relative to offences punishable upon 
 summary convictions are applicable to all ofi'ences committed in 
 breach of the bye -laws. With respect to the bye -laws, 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 bve-law can be made for the 
 regulation of any trade carried on within tlie borough, but not in 
 restraint of it ; that this power of all regulations still remains, 
 notwithstanding s. 14 of the Act abolishes all exclusive rights of 
 trading; and that the validity of a bye-law may be tested and tried in 
 an action brought to recover the penalty, or, if the mode of enforcing 
 the penalty be by distress, by an action of trespass. 
 
 The selection of the public officers of the borough is also one of 
 the principal duties of the Council. The Municipal Commissioners 
 discovered in 1833 that the ancient regime boasted no less than 76 
 designations of principal and 286 designations of inferior officials ; 
 or in all 302 different offices. Those of recorder and town-clerk 
 (and tliat of sheriff in counties of cities and towns) were, however, 
 naturally regarded as second in importance only to that of ma3-or. 
 The Act of 1835 vested the appointment of recorders in the Crown
 
 no 
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 without reference to the councils; the previous manner of their 
 election is described in the Tables of Section 6 of this Part (The 
 Municipal Judges and Magistracy), and the subjoined classification 
 shews the variety of the abrogated forms of appointing the town clerk 
 in cities and boroughs now governed under the Act of 1835 : — 
 
 I. — Cities and Boroughs in which the appointment of Town Clerk 
 
 was vested in the self-elect council, by a particular class of 
 
 it, or the whole of the self-elect corporation, with the period 
 
 of duration of office (viz. — for life, annually, or during the 
 
 pleasure of the council) : — 
 
 a Signifies tliat the appointment was subject to the approval of the Crown. 
 
 *^* The appoiiitments held subject to " good behaviour " are included in the term 
 '■ during pleasure." Those not specifically defined, but which were presumably for life, 
 are included in the term " life." 
 
 Abingdon (during pleasure) 
 
 Banbury (during pleasure) 
 
 Barnstaple (during pleasure) 
 
 Basingstoke (life) 
 
 Bath (life) 
 
 Beaumaris (during pleasure) 
 
 Beccles (life) 
 
 Beverley (annually) 
 
 Bewdley (during pleasure) 
 
 Bideford (during pleasure) 
 
 Bodmin (life) 
 
 Boston (during pleasure) 
 
 Brecon (life) 
 
 Bridgwater (during pleasure) 
 
 a Bridport (life) 
 
 Bristol (life) 
 
 Bury St. Edmunds (life) 
 
 Canterbury (life) 
 
 Cardigan (life) 
 
 Carlisle (life) 
 
 Chard (life) 
 
 Chester (life) 
 
 a Chesterfield (life) 
 
 Chichester (during pleasure) 
 
 Chippenham (life) 
 
 Chipping Norton (life) 
 
 a Chijjping Wycombe (during 
 
 pleasure) 
 Congleton (life) 
 Coventry (life) 
 Dartmouth (life) 
 Daventry (life) 
 
 Deal (during pleasure) 
 
 a Denbigh (life) 
 
 Devizes (life) 
 
 a Don caster (life) 
 
 Dorchester (life) 
 
 Dover (annually) 
 
 Droitwich (life) 
 
 Durham (during pleasure) 
 
 Exeter (life) 
 
 Eye (Hfe) 
 
 Faversham (during pleasure) 
 
 Folkestone (life) 
 
 Glastonbury (life) 
 
 a Gloucester (life) 
 
 a Grantham (life) 
 
 Gravesend (life) 
 
 Guildford (annually) 
 
 Hartlepool (during pleasure) 
 
 Harwich (life) 
 
 Haverfordwest (life) 
 
 a Hedon (life) 
 
 Hereford (life) 
 
 a Hertford (during pleasure) 
 
 Hythe (annually) 
 
 Kendal (during pleasui'e) 
 
 Kidderminster (life) 
 
 Kingston-upon-Thames (life) 
 
 Lancaster (life) 
 
 Leicester (during pleasure) 
 
 a Leominster (life) 
 
 a Lichfield (dui'ing pleasure) 
 
 Lincoln (life)
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 Ill 
 
 Liskcai'd (during pleasure) 
 
 Liverpool (life) 
 
 Louth (life) 
 
 a Ludlow (life) 
 
 Lyme Ilc<^is (life) 
 
 Lyminj>toii (life) 
 
 Muidenliead (during pleasure) 
 
 t Maidstone (life) 
 
 Maldon (life) 
 
 Marlborough (during pleasure) 
 
 a Monmouth (life) 
 
 Newark (during pleasure) 
 
 Newbury (during pleasure) 
 
 a Newcastle-under-Lyme (life) 
 
 a Newcastle-upon-Tyne (life) 
 
 Newport, Mon., (life) 
 
 a Northampton (annually) 
 
 Oxford (life) 
 
 Pembroke (life) 
 
 Penzance (during pleasure) 
 
 Portsmouth (during pleasure) 
 
 Preston (life) 
 
 Hipon (during pleasure) 
 
 a Reading (during pleasure) 
 
 a Richmond (life) 
 
 Rochester (life) 
 
 Romscy (life) 
 
 Rye (annually) 
 
 a St. Albans fduring pleasure) 
 St. Ives (liie) 
 Salisbury (life) 
 Scarborough (annually) 
 Shaftesbury (life) 
 a Shrewsbury (life) 
 Southampton (during pleasui's) 
 South Molton (life) 
 Stafford (during pleasure) 
 aStamford (lite) 
 Stratford-upon-Avon (during 
 
 pleasure) 
 a Tamworth (life) 
 Tenby (during pleasure) 
 Tenterden (life) 
 Tewkesbury (life) 
 Tiverton (during pleasure) 
 Torrington, Great (during 
 
 pleasure) 
 Totnes (during pleasure) 
 Truro (life) 
 Wallingford (life) 
 Walsall (during pleasure) \ 
 
 Wells (life) 
 Weymouth (life) 
 Winchester (life) 
 Worcester (during pleasure) 
 a York (life) 
 
 IL— City and Boroughs in which the Town Clerks were appointed 
 by a common council constituted by election of the freemen : — 
 Godmanchester (life) Norwich (life) Wisbech (life) 
 
 III. — Borough in which the Town Clerk was appointed by a 
 common council, partly self-elect and partly constituted by 
 election of the freemen : — 
 
 Nottingham (life) 
 
 IV. — Boroughs in which the Town Clerks were appointed by 
 
 election of the whole body of freemen or burgesses : — 
 
 Bedford (life) Bridgnorth (life) 
 
 Berwick - on - Tweed (during Cambridge (during pleasure) 
 
 pleasure) Carmarthen (life) 
 
 t The appointment by the mayor and jurats only was alleged to be illegal, the com- 
 monalty claiming the power of selection.
 
 112 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 a Grrimsby (life) a Poole (life) 
 
 Hastings (annually) Sandwich (annually) 
 
 Ipswich (annually) Southwold (life) 
 
 Macclesfield (life) Wenlock (life) 
 Plymouth (life) 
 
 Y. — Boroughs in which the Town Clerks were appointed by the 
 mayor or other head of the corporation : — 
 
 * Clitheroe (life) Huntingdon (annually) a Pontefract (life) 
 
 YI. — Boroughs in which the Town Clerks were appointed by the 
 recorder or high steward. 
 
 Andover (life) Launceston (life) 
 
 Blandford (life) Penryn (life) 
 
 Buckingham (during pleasure) Petford, East (life) 
 
 a Derby (during pleasure) Thetford (life) 
 
 Helston (during pleasure) Warwick (during pleasure) 
 
 YII. — Borough in which the Town Clerk was appointed by a leet 
 jury summoned by the head of the corporation : — 
 
 Aberystwith (life) 
 
 YIIL — Boroughs in which the Town Clerks were appointed by the 
 Crown on the petition of the common council : — 
 
 Falmouth (life) Newport, Isle of "Wight (life) 
 
 Kingston-upon-Hull (life) Wigan (life) 
 
 Leeds (life) 
 
 IX. — Boroughs in which the Town Clerks were appointed by the 
 lord of the manor : — 
 
 Cardiff (life) Oswestry (life) 
 
 Llandovery (life) Welshpool (during pleasure) 
 
 X. — Boroughs in which the office of Town Clerk did not exist or the 
 duties of such office were discharged by some other official : — 
 
 Aberavon Flint 
 
 Arundel Grateshead 
 
 Calne Godalming 
 
 Carnarvon Llanelly 
 
 Conway Morpeth 
 
 E vesham Neath 
 
 The burgesses claimed the right of appointment;
 
 THEIR GROWTH AND DEVELOPMENT. 113 
 
 Rutliin Sunderland 
 
 Swansea AV^iudsor 
 
 Stucktun Yeovil 
 Stockport 
 
 The Sheriffs of the counties of cities, boroughs, and towns were, 
 almost without exception, chosen by the corporate body. In one or 
 two instances where the shrievalty was vested in a plurality of 
 persons, the mayor or mayors elect nominated one. 
 
 Counties of cities, boroughs, and towns, with the number of 
 slicrilfs in 1835 : — 
 
 Bristol (two) Lichfield (one) 
 
 Canterbury (one) Lincoln (two) 
 
 Carmarthen (two) Newcastle-upon-Tyne (one) 
 
 Chester (two) Norwich (two) 
 
 *Coventry (two) Nottingham (two) 
 
 Exeter (one) Poole (one) 
 
 Gloucester (two) Southampton (one) 
 
 Haverfordwest (one) Worcester (one) 
 
 Kingston- upon-IIuU (one) Yoj-k (two) 
 
 Under the Act of 1835 the Council must appoint a fit person (not 
 being a member of the council) to be town clerk, holding that office 
 during pleasure ; and they must also appoint another fit person (not 
 being a member of the council) to be treasurer of the borough ; and 
 also such other officers as have been usually appointed in such 
 borough, or as they shall think necessary to enable them to carry 
 into execution the various powers and duties vested in them by virtue 
 of the Municipal Corporations Act; and they may, from time to 
 time, discontinue the appointment of such officers as it appears by 
 them not necessary to re-appoint. They are to take such securities 
 for the due execution of their duties by their officers as they think 
 proper ; and they are empowered to direct the payment to the mayor, 
 town clerk, t treasurer, and other officers employed, of such salary or 
 
 * See the second footnote on pngo 22. 
 
 t The ToAvn 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 the ^funicipal Corporations Act, 
 or by the Keform Act. His salary is considered a compensation for all loss of time, &c. 
 But he is entitled to be repaid money actually disbursed for the preparation of ward 
 lists. &c. From the principles laid down it follows that he has no claim for charges in 
 respect of revision of burgess lists, ward lists, election of councillors, assessors, or 
 auditors, returns to Secretary of State, bye-laws, copying, <fcc. However, the town 
 council may resolve to pay him, besides his salary, the usual charges for defending and 
 bringing actions, &-c.
 
 114 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 allowance as they think fit. In case of any vacancy occurring, they 
 may fill it bj another fit person. The town clerk and treasurer must 
 not be the same person. The treasurer of the borough must pay no 
 money on account of the corporation, save only (1) in such case as is 
 provided by the Act ; or (2) upon the order in writing of the council, 
 signed by three or more members of the council, and countersigned 
 hj the town clerk ; or (3) by order of the court of session of the 
 peace for the borough, or of a justice of the peace acting in and for 
 the borough in the discharge of his judicial duties, as is provided by 
 the Act ; or (4) in such case as a court of session of the county, or a 
 justice of the peace acting in and for a county in the discharge of 
 his official duties, may make an order for the payment of money on 
 the treasurer of such county; or (5) for the payment of the salaries 
 granted to any recorder or police magistrate. The town clerk, 
 treasurer,* or other officers must, at such times during their tenure 
 of office, or within three months after its termination, as the council 
 may appoint, account for all moneys received and expended by them, 
 and pay over any balance remaining in their hands to the treasurer 
 or other person appointed to receive it. If they neglect or refuse to 
 do this after three days' notice in writing, signed by three or more 
 of the council, then, upon complaint made on behalf of the council, 
 by such person as they may authorise for the purpose, a justice of 
 the peace for the county, or other jurisdiction in which such officer 
 shall be or reside,t may order the officer in question to be brought 
 before any two justices of the said jurisdiction, and if it appears to 
 them that any moneys remain due to the corporation, they may order 
 the amount thereof to be levied by distress upon his goods. If no 
 sufficient distress be found, or if it appear that the officer in question 
 has refused or wilfully neglected to deliver such account, the 
 vouchers, &c., relating thereto, or that books, papers, &c., relating to 
 his office remain in possession of the said officer, and that he has 
 refused or wilfully neglected to deliver the same, or to give satisfaction 
 respectiog them, the justices are required to commit the ofiender to 
 the house of correction, there to remain, without bail, until he has 
 paid the moneys due from him, or has compounded with the council 
 for such moneys, and paid the composition, or until he has delivered 
 a true account as aforesaid, together with papers, vouchers, &c., or 
 
 * By 6 & 7 Vict. c. 89, the office of treasurer is to be held at the pleasure of the 
 council instead of annually. 
 
 t Even if the officers be li^-ing within the borough, and the borough have a comrais- 
 gion of the peace of its own, coimty magistrates may determine comj)laints against 
 corporate officers under this section of the Act.
 
 THEIR GROWTH AND DEVELOPMEXT. 
 
 115 
 
 lias delivered up his books, papers, &c., or given satisfaction in 
 respect thereof to the council. It is, however, provided that no 
 person shall be detained in prison for merely want of sufficient 
 distress for a longer space of time than three calendar months. And 
 it must be further borne in mind, that the section to which we have 
 just referred does not prevent or abridge any remedy by acti(m 
 against an officer offending in the manner we have described, or 
 against the surety of any. such officer. An officer cannot, however, 
 be proceeded against both by action and in a summary manner. 
 
 In addition to the officers which all councils are to appoint, the 
 councils of cities and towns which are counties of themselves are 
 empowered and required annually! to elect a sheriff; and, in every 
 borough in w^hich a separate court of quarter sessions is holden, the 
 council must also appoint a coroner t (who must not be an alderman 
 or councillor). In boroughs which have no separate court of quarter 
 sessions, the county coroners act. 
 
 The tables in this section have been partly compiled from the 
 Eeports of the INIunicipal Commissioners; the later information 
 has been supplied by the chief officials of each city and borough. 
 
 TABLE 1. (Part IV., Sec. 5.) — Cities and Boroughs named in Schedules 
 
 A AND B OF 5 AND 6 WiLLIAM IV., C. 76. 
 
 Exj)lanations.—{a). Duration of office practically for life, the Corporation being the 
 Freemen, but many of the Officers were elected annually. 
 (J). Council composed of the whole body of Burgesses. 
 
 
 The Ancient Governing Body or Common 
 
 The Governing Body 
 
 1 
 
 CiTIBS 
 
 Council, 1835 
 
 
 
 
 in 1879. 
 
 
 
 u i? 
 
 -a 
 
 i 
 
 °^ 
 
 AND 
 BOKOUGHS. 1 
 
 i 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 
 Office by 
 
 those elected 
 
 to the 
 
 al numbo 
 of the 
 rniug Boc 
 
 ■g 
 
 u 
 
 CM . 
 
 o a 
 
 II 
 
 •~3. 
 
 11 
 
 
 
 details the system of election. 
 
 Council. 
 
 Tot 
 Gove 
 
 1 
 
 s 
 
 »<J 
 
 ^a 
 
 "5 o> 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 CoL 7 
 
 Col. 8 
 
 Aberystwith . . . 
 
 Mayor and Bnrgesses, in- 
 detinite (not less than 12) 
 
 a — 
 
 h 12 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Abingdon 
 
 Mayor, 11 other principal 
 and 16 secondaiy Bur- 
 gesses, and 2 Bailifl's 
 
 Life 
 
 30 
 
 
 4 
 
 12 
 
 16 
 
 Andover 
 
 Bailiff, Steward, and 10 
 Approved Men 
 
 Life 
 
 12 
 
 
 4 
 
 12 
 
 16 
 
 Arundel 
 
 1 
 
 Mayor and 12 Burgesses 
 
 Life 
 
 13 
 
 """" 
 
 4 
 
 12 
 
 16 
 
 t On the 9th of November, by 6 & 7 Will. IV. c. 105. 
 
 X The Council also appoint the clerk of the peace, who can, however, be removed 
 for misconduct, \-c., bv the recorder. 
 
 i2
 
 116 ENGLISH MUNICIPAL IxNSTITUTIONS ; 
 
 TABLE 1. (Part IV., Sec. 5.)—conf.inued. 
 
 
 The Ancient Governing Body or Common 
 
 The 
 
 Governing Body 
 
 Cities 
 
 Council, 1835. 
 
 
 
 
 in 1879. 
 
 
 
 >-. 
 
 00 
 
 
 
 "^ 
 
 AND 
 BOEOUGHS. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 
 Office by 
 
 those elected 
 
 to the 
 
 il uumbei 
 of the 
 •iiing Bod 
 
 1 
 
 CM 
 o 
 
 s- 
 
 o 
 
 '" s 
 
 o g 
 
 O u 
 
 1^ 
 
 
 details the system of election. 
 
 1_ 1 ^ 1 1 1 1 1 H 1 1 J 
 
 Council. 
 
 Totf 
 Govei 
 
 a 
 
 ^< 
 
 ^8 
 
 
 Col. 1 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Banbury- 
 
 Mayor, 11 other Aldermen, 
 and 6 capital Burgesses 
 
 Life 
 
 18 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Barnstaple 
 
 Mayor, 2 Aldermen, and 
 22 capital Burgesses 
 
 Life 
 
 25 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Basingstoke 
 
 Mayor, 7 Aldermen, and 7 
 Burgesses 
 
 Life 
 
 15 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Bath 
 
 Mayor, 10 Aldermen, and 
 20 Chief Citizens 
 
 Life 
 
 31 
 
 7 
 
 14 
 
 42 
 
 56 
 
 Beaumaris 
 
 Mayor, 2 Bailiffs, and 21 
 Chief Burgesses 
 
 Life 
 
 24 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Beccles ... 
 
 Portreeve, 11 other Alder- 
 men, and 24 Councilmen 
 
 Life 
 
 36 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Bedford 
 
 Mayor, Recorder, Alder- 
 men indefinite, 2 Bailifls, 
 and 13 Coiincilmen 
 
 Life 
 
 30 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Berwick- on- 
 
 Mayor, 4 Bailiffs, and Bur- 
 
 a — 
 
 61105 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Tweed 
 
 gesses, indefinite 
 
 
 
 
 
 
 
 Beverley 
 
 Mayor, 12 Aldermen, and 
 13 capital Burgesses 
 
 Life 
 
 26 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Bewdley 
 
 Bailiff", and 12 capital Bur- 
 gesses 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Bidef ord 
 
 Mayor, 7 other Aldermen, 
 and 10 capital Burgesses 
 
 Life 
 
 18 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Blandf ord 
 
 Bailiff, and 10 capital Bur- 
 gesses 
 
 Life 
 
 11 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Bodmin 
 
 Mayor, 12 Councillors, and 
 24 capital Burgesses 
 
 Life 
 
 37 
 
 — 
 
 4 
 
 32 
 
 16 
 
 Boston 
 
 Mayor, 11 other Aldermen, 
 the Recorder, and 18 
 Councilmen 
 
 Life 
 
 31 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Brecon ... 
 
 Bailiff', and 14 other capital 
 Burgesses 
 
 Life 
 
 15 
 
 
 4 
 
 12 
 
 16 
 
 Bridgnorth 
 
 2 Bailiffs, 24 Aldermen, 
 and Burgesses indefinite 
 
 a — 
 
 6634 
 
 
 4 
 
 12 
 
 16 
 
 Bridgwater 
 
 Mayor, 2 Aldermen, and 21 
 capital Burgesses 
 
 Life 
 
 24 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Bridport 
 
 15 capital Burgesses, in- 
 cluding 2 or 3 Bailiffs 
 
 Life 
 
 15 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Bristol ... 
 
 Mayor, 12 Aldermen, and 
 30 Councilmen 
 
 Life 
 
 43 
 
 10 
 
 16 
 
 48 
 
 64 
 
 Buckingham ... 
 
 Bailiff', and 12 capital Bur- 
 gesses 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Bury St. Ed- 
 
 Aldermen, 6 Assistants, 12 
 
 Life 
 
 42 
 
 3 
 
 6 
 
 18 
 
 24 
 
 munds 
 
 capital Burgesses (in- 
 cluding Aldermen) and 
 
 
 
 
 
 
 
 
 24 Councilmen 
 
 
 
 
 

 
 
 THEIR GROWTH AND 
 
 DEVELOPMENT. 
 
 
 
 1 
 
 17 
 
 TABLE 1. (Pakt IV., Sec. 5.}—conUimed 
 
 • 
 
 
 
 
 
 The Ancient Governing Body or Common 
 
 The Governing Body 
 
 Cities 
 
 Council, ls35. 
 
 
 
 in 1879. 
 
 
 
 u. ^ 
 
 ■P 
 
 
 
 oi? 
 
 AND 
 
 Composition of the Ancient 
 
 Dumtion of 
 
 Office Ijy 
 
 those elected 
 
 to the 
 
 1 'rtTn virt /^n 
 
 51 ^ 
 
 1 « 
 
 1 
 
 a 
 
 % « 
 
 " fe 
 
 II 
 
 Boroughs. 
 
 Governing Body. 
 Sec. 3. (The Municipal Franchise 
 
 I ill 
 
 
 
 
 11 
 
 
 
 dctiiils the system of election. 
 
 l^IJlJllIi'JU 
 
 Council. 
 
 Totf 
 Govei 
 
 — 
 
 a 
 
 '^< 
 
 ^5 
 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 Col. ( 
 
 ! Col. ; 
 
 ^Col.8 
 
 Calne ... 
 
 2 Guild Stewards, and 
 
 Life 
 
 14 
 
 
 
 4 
 
 12 
 
 16 
 
 
 Burgesses indefinite 
 
 
 
 
 
 1 1 
 
 Cambridge 
 
 Mayor, Bailifls, 12 Alder- 
 men, 24 Councilmen, 
 and Burgesses indefinite 
 
 a — 
 
 b 194 
 
 5 
 
 ! 
 
 10 
 
 30 
 
 40 
 
 Canterbuiy 
 
 Mayor, 12 Aldermen, and 
 24 Councilmen 
 
 Life 
 
 37 
 
 ! 3 
 
 6 
 
 18 
 
 24 
 
 Cardiff 
 
 ' 2 Bailiffs, 10 other Alder- 
 men, and 12 chief Bur- 
 gesses 
 
 Life 
 
 24 
 
 5 
 
 1 
 
 10 
 
 30 
 
 40 
 
 Cardigan 
 
 Mayor, and 12 other Coun- 
 cilmen 
 
 Life 
 
 13 
 
 
 
 4 
 
 12 
 
 16 
 
 Carlisle 
 
 Mayor, 11 other Aldermen, 
 2 Bailifls, and 24 capital 
 Citizens 
 
 Life 
 
 38 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Carmarthen 
 
 Mayor, 20 Councilmen, and 
 Burgesses indefinite 
 
 a — 
 
 646 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Carnarvon 
 
 Mayor, 2 Bailifl"s, and Bur- 
 gesses, indefinite 
 
 Life 
 
 344 
 
 2 
 
 6 
 
 ]8 
 
 24 
 
 Chard 
 
 Portreeve, and 11 other 
 Burgesses 
 
 Life 
 
 12 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Chester 
 
 Mayor, 23 other Aldermen, 
 and 40 Councilmen 
 
 Life 
 
 64 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Chesterfield ... 
 
 Maj'or, G Aldermen, 6 
 Brothers, and 12 capital 
 Burgesses 
 
 Life 
 
 25 
 
 
 4 
 
 12 
 
 16 
 
 Chichester 
 
 Mayor and Aldermen, and 
 Councilmen indefinite 
 
 Life 
 
 53 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Chippenham ... 
 
 Bailiff, and 12 Burgesses... 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Chipping Norton 
 
 2 Bailifls and 12 Burgesses 
 
 Life 
 
 14 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Chipping Wy- 
 
 Mayor, 2 Bailifls, and 2 
 
 Life 
 
 14 
 
 — 
 
 4 
 
 12 
 
 16 
 
 combe 
 
 Aldermen (including 
 IVIayor) and Burgesses 
 indefinite 
 
 
 
 
 
 
 
 Clitheroe 
 
 2 Bailifls and Burgesses 
 indefinite 
 
 a — 
 
 b 25 
 
 
 4 
 
 12 
 
 16 
 
 Colchester 
 
 ]\Iayor, 11 other Aldermen, 
 Higli Steward, 18 Assist- 
 ants, 18 Councilmen 
 
 Life 
 
 49 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Congleton 
 
 Mayor, 8 Aldermen, and 
 16 capital Burgesses 
 
 Life 
 
 25 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Coventry 
 
 Mayor, 10 Aldermen, and 
 Councilmen indefinite 
 
 Life 
 
 31 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Dartmouth 
 
 Mayor, and 12 Council ... 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Daventry 
 
 Bailiff, 12 other Aldermen, 
 and 20 the Commonalty 
 
 Life 
 
 33 
 
 
 4 
 
 12 
 
 16
 
 118 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 1. (Part IV., Sec. 5.)— continued. 
 
 
 The Ancient Governing Body or Common | 
 
 The Governing Body | 
 
 Cities 
 
 Council, 1835. 
 
 
 
 
 in 1879. 
 
 
 
 ►^ 
 
 '2 
 
 
 
 °^ 
 
 AND 
 BOEOTTGHS. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 
 Office by 
 
 those elected 
 
 to the 
 
 Common 
 
 CouncU. 
 
 il numbei 
 of the 
 ■ning Bod 
 
 1 
 
 u 
 o 
 
 CM . 
 
 Mi 
 
 o 
 
 
 II 
 
 
 details the system of election. 
 
 o > 
 
 
 iS^ 
 
 
 •3 g 
 
 o o 
 
 
 
 
 
 1 
 
 
 
 HO 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Deal 
 
 Mayor, 12 Jurats, and 24 
 Coun oilmen 
 
 Life 
 
 37 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Denbigh 
 
 2 Aldermen, 2 Bailiffs, and 
 21 other capital Burgesses 
 
 Life 
 
 25 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Derby 
 
 Mayor, 9 Aldermen, 14 
 Brothers, and 14 capital 
 Burgesses 
 
 Life 
 
 38 
 
 8 
 
 16 
 
 48 
 
 64 
 
 Devizes... 
 
 Mayor, 11 other capital 
 Burgesses, and 24 capital 
 Burgesses of the Common 
 Council 
 
 Life 
 
 36 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Doncaster 
 
 Mayor, 12 Aldermen, and 
 24 Councilmen 
 
 Life 
 
 37 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Dorchester 
 
 Mayor, 2 Bailiffs, 6 Alder- 
 men, and 6 capital Bur- 
 gesses 
 
 Life 
 
 15 
 
 
 4 
 
 12 
 
 16 
 
 Dover ... 
 
 Mayor, 12 Jurats, and 36 
 Councilmen 
 
 Life 
 
 49 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Droitwich 
 
 2 Bailiffs and Burgesses, 
 indefinite 
 
 Life 
 
 30 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Durham 
 
 Mayor, 12 Aldermen, and 
 Commonalty of 24 
 
 Life 
 
 37 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Evesham 
 
 Mayor, 6 other Aldermen, 
 Recorder, 12 capital Bur- 
 gesses, and Chaml)erlain 
 
 Life 
 
 21 
 
 
 4 
 
 12 
 
 16 
 
 Exeter 
 
 Mayor, 8 Aldermen, and 
 remainder Councilmen 
 
 Life 
 
 24 
 
 7 
 
 14 
 
 42 
 
 56 
 
 Eye 
 
 ! 
 
 2 Bailiffs, 10 pi'incipal 
 Burgesses, and 24 Coun- 
 cilmen 
 
 Life 
 
 36 
 
 " 
 
 4 
 
 12 
 
 16 
 
 Falmouth 
 
 Mayor and 7 Aldermen . . . 
 
 Life 
 
 8 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Faversham 
 
 Mayor, 11 other Jurats, 
 and 24 Councilmen 
 
 Life 
 
 36 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Flint 
 
 Mayor, 2 Bailifls, and Scot 
 and Lot Inhabitants 
 
 a — 
 
 h 15 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Folkestone 
 
 1 
 
 Mayor, 11 other Jurats, 
 and 24 Councilmen 
 
 Life 
 
 36 
 
 3 
 
 4 
 
 15 
 
 19 
 
 Gateshead 
 
 i 
 
 Stewards, Borough-holders 
 and Freemen, indefinite 
 
 a — 
 
 &115 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Glastonbury . . . 
 
 Mayor, 7 capital and 16 
 inferior Burgesses 
 
 Life 
 
 24 
 
 
 4 
 
 12 
 
 16 
 
 Gloucester 
 
 Mayor, 11 other Aldermen, 
 and 28 Councilmen 
 
 Life 
 
 40 
 
 4 
 
 9 
 
 27 
 
 36 
 
 Godalming ... i 
 
 Warden, and 8 other as- 
 sistants 
 
 Life 
 
 9 i 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Godmanchester 
 
 2 Bailiffs and 12 Assistants 
 
 Life 
 
 14 : 
 
 1 
 
 — 
 
 4 
 
 12 
 
 16
 
 TTIEIR GROWTH AND DEVELOPMENT. 
 TABLE 1. (Part IV., Sec. 5.)— continued. 
 
 119 
 
 
 The Ancient Governing Body or Common 
 
 The Governing Body 
 
 CiTiBa 
 
 Council, 1H35. 
 
 
 
 
 m l»7a. 
 
 
 
 u h 
 
 1 
 
 
 
 °^ 
 
 AND 
 BOBOCGHS. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 Office by 
 
 those elected 
 
 to the 
 
 Common 
 
 otal Numbe 
 
 of the 
 veruing Boc 
 
 ■s 
 
 II 
 
 n 
 
 ll 
 
 5'^ 
 
 
 details the system of election. 
 
 Council. 
 
 ^ 
 
 ^< 
 
 ^8 
 
 5 > 
 
 
 
 
 
 i^ 
 
 
 
 ^8 
 
 Col. 8 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 Col. 7 
 
 Grantham 
 
 Alderman, deputy ditto, 12 
 superior Burgesses, and 
 12 Burgesses 
 
 Life 
 
 26 
 
 
 
 4 
 
 12 
 
 16 
 
 Gravesend 
 
 Mayor, 11 other Jurats, and 
 24 capital Inhabitants 
 
 Life 
 
 36 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Grimsby (Great) 
 
 Mayor, Kecorder, 12 Alder- 
 men, 12 Councilmen and 
 Freemen, indetiuite 
 
 a — 
 
 6 3GG 
 
 4 
 
 8 
 
 32 
 
 40 
 
 GuUdford 
 
 Mayor, Aldermen, and Ap- 
 proved IVIen, indefinite 
 
 Life 
 
 39 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Harwich 
 
 Mayor, 7 other Aklerineu, 
 and 24 Councilmen 
 
 Life 
 
 32 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Hastings 
 
 Mayor, 1 2 other Jurats and 
 Freemen, indefinite 
 
 a — 
 
 6193 
 
 6 
 
 6 
 
 18 
 
 24 
 
 Haverfordwest... 
 
 Mayor and 24 capital 
 Burgesses 
 
 Life 
 
 25 
 
 
 
 4 
 
 12 
 
 16 
 
 Helston 
 
 Mayor and 4 other Alder- 
 men 
 
 Life 
 
 5 
 
 
 
 4 
 
 12 
 
 16 
 
 Hereford 
 
 Mayor and 30 other chief 
 Citizens 
 
 Life 
 
 31 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Hertford 
 
 Mayor and 9 other Alder- 
 men 
 
 Life 
 
 10 
 
 — 
 
 4 
 
 12 
 
 16 
 
 HuU 
 
 Mayor and 12 other Alder- 
 men 
 
 Life 
 
 13 
 
 7 
 
 14 
 
 42 
 
 56 
 
 Huntingdon . . . 
 
 Mayor, 11 other Aldermen, 
 and Recorder 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Hythe 
 
 Mayor, 11 other Jurats, 
 and 24 Councibnen 
 
 Life 
 
 36 
 
 4 
 
 4 
 
 12 
 
 16 
 
 Ipswich 
 
 2 Baibfi's, 12 Portmen, 24 
 Councilmen and Free- 
 men, indefinite 
 
 a — 
 
 61130 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Kendal 
 
 Mayor, 11 other Aldermen, 
 and 20 capital Burgesses 
 
 Life 
 
 32 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Kidderminster. . . 
 
 High Bailili; 11 other 
 Aldermen, and 25 As- 
 sistants 
 
 Life 
 
 37 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Kings Lynn ... 
 
 Mayor, 11 other Aldermen, 
 and 18 CouncUinen 
 
 Life 
 
 30 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Kingston-upon- 
 
 2 Baibffs and Gownsmen 
 
 Life 
 
 57 
 
 4 
 
 8 
 
 24 
 
 32 
 
 Thames 
 
 and Peers, indefinite 
 
 
 
 
 
 
 
 Lancaster 
 
 Mayor, 7 Aldermen, 2 
 Baibfi's, 12 capitiU Bur- 
 gesses and 12 Councilmen 
 
 Life 
 
 34 
 
 3 
 
 
 
 18 
 
 24 
 
 Launceston 
 
 Mayor and 8 Aldermen ... 
 
 Life 
 
 9 
 
 
 4 
 
 12 
 
 16 
 
 Leeds ... 
 
 Mayor, 12 Aldermen, and 
 24 Assistants 
 
 Life 
 
 37 
 
 12 
 
 16 
 
 48 
 
 64
 
 120 
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 TABLE 1. (Part IV., Sec. 5.)— continued. 
 
 
 The Ancient Governing Body or Common 
 
 
 The Governing Body 
 
 Cities 
 
 Council, 1835. 
 
 
 
 in 1879. 
 
 
 
 >i 
 
 'A 
 
 
 
 "^ 
 
 AND 
 BOKOUaHS. 
 
 Composition of the Ancient 
 
 Governing Body. , 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 
 Office by 
 
 jhose elected 
 
 to the 
 
 1 1 
 
 ci 
 
 CM 
 
 o 
 
 O 
 
 o a 
 3-§ 
 
 
 II 
 
 
 details the system of election. 
 
 Council. 
 
 Toti 
 Gove: 
 
 1 
 
 'A 
 
 Col. 5 
 
 i< 
 
 ^8 
 
 1? 
 
 o o 
 HO 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Leicester 
 
 Mayor, 23 other Aldermen, 
 and 48 Councilmen 
 
 Life 
 
 72 
 
 7 
 
 14 
 
 2 
 
 56 
 
 Leominster 
 
 Bailiff and 24 other capital 
 Burgesses 
 
 Life 
 
 25 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Lichfield 
 
 2 Bailiffs and 21 Brethren 
 
 Life 
 
 23 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Lincoln... 
 
 Mayor, 12 other Aldermen, 
 2 Sheriffs, 4 Coroners, 4 
 Chamberlains, and 26 
 Councilmen 
 
 Life 
 
 49 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Liskeard 
 
 Mayor and 8 other capital 
 Burgesses 
 
 Life 
 
 9 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Liverpool 
 
 Mayor and Aldermen and 
 Councilmen, indefinite 
 
 Life 
 
 41 
 
 16 
 
 16 
 
 48 
 
 64 
 
 Llandovery- 
 
 Bailift" and Burgesses, in- 
 definite 
 
 Life 
 
 30 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Llanidloes 
 
 Mayor, 10 Aldermenf (in- 
 definite) and Burgesses 
 (indefinite) 
 
 a — 
 
 h 30 
 
 
 4 
 
 12 
 
 16 
 
 Louth ... 
 
 Warden and 6 Assistants 
 
 Life 
 
 7 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Ludlow 
 
 2 Bailifts, 2 Justices, Re- 
 corder, 12 Aldermen, 
 and 10 Councilmen 
 
 Life 
 
 37 
 
 
 4 
 
 12 
 
 16 
 
 Lyme Regis ... 
 
 Mayor and 15 capital 
 Burgesses 
 
 Life 
 
 16 
 
 
 4 
 
 12 
 
 16 
 
 Lymington 
 
 Mayor and Burgesses, in- 
 definite 
 
 Life 
 
 32 
 
 
 
 4 
 
 12 
 
 16 
 
 Macclesfield 
 
 Mayor, 2 Aldermen, and 21 
 other capital Burgesses 
 
 Life 
 
 24 
 
 6 
 
 12 
 
 36 
 
 48 
 
 Maidenhead ... 
 
 Mayor, 2 Bridgemasters, 
 and 8 other Burgesses 
 
 Life 
 
 11 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Maidstone 
 
 Mayor, 12 Jurats, 40 
 Councilmen and Free- 
 men, indefinite 
 
 a — 
 
 6845 
 
 4 
 
 6 
 
 18 
 
 24 
 
 Maldon 
 
 Mayor, 7 other Aldermen, 
 and 18 capital Burgesses 
 
 Life 
 
 26 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Marlborough ... 
 
 Mayor and 7 other Council- 
 men 
 
 Life 
 
 8 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Monmouth 
 
 Mayor and 15 capital 
 Burgesses 
 
 Life 
 
 16 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Morpeth 
 
 2 Bailifts and Free Bur- 
 gesses, indefinite 
 
 a — 
 
 6217 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Neath 
 
 Portreeve, 12 Aldermen, 
 and 8 capital Burgesses 
 
 Life 
 
 21 
 
 ', 
 
 4 
 
 12 
 
 16 
 
 f The title of Alderman was purely honoraiy — all past Mayors being so designated.
 
 THEIR GKOWni AND DEVELOPMENT. 
 
 121 
 
 TABLE 1. (Part IV., Sec. 5.)—contimied. 
 
 
 The Ancient Govci-ning Body or Common 
 
 
 The Governing Body 
 
 Cities 
 
 Council, 1«35. 
 
 
 
 in ltt79. 
 
 
 
 t- ^■ 
 
 '§■ 
 
 
 
 ■s>. 
 
 AND 
 
 Composition of the Ancient 
 
 Duration of 
 Office by 
 
 those elected 
 to the 
 Common ' 
 
 CounciL 
 
 1 
 
 1 o 
 
 •2 ca 1 
 
 ^ 
 
 •Sfl 
 
 •S2 
 
 s^ 
 
 BOBOUGHS. 
 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 details the sy.stem of election. 
 
 Total nun 
 
 of the 
 
 overning 1 
 
 ■s 
 
 s 
 
 Nnmber 
 Aldermc 
 
 »-.2 
 
 Is 
 
 1^ 
 
 St 
 o o 
 
 
 
 1 
 
 o 
 
 
 
 » 
 
 
 Col. 7 
 
 Col. 8 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 Col. 6 
 
 Newark 
 
 Mayor and 11 other 
 Aldermen 
 
 Life 
 
 12 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Newbury 
 
 Mayor, 12 Aldermen, and 
 12 capital Burgesses 
 
 Life 
 
 25 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Newcastle-under- 
 
 Mayor, 2 Bailiffs, and 24 
 
 Life 
 
 27 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Lyme 
 
 capital Burgesses 
 
 
 
 
 
 
 
 Newcastle - upon- 
 
 Mayor, 10 Aldermen, 
 
 Annually 
 
 36 
 
 9 
 
 16 
 
 48 
 
 64 
 
 Tyne 
 
 Sheriff, and 24 Council- 
 men 
 
 
 
 
 
 
 
 Newport (Isle of 
 
 Mayor, Recorder, and 11 
 
 Life 
 
 13 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Wight) 
 
 Aldermen 
 
 
 
 
 
 
 
 Newport (Mon.) 
 
 Mayor, and 12 other Alder- 
 men 
 
 Life 
 
 13 
 
 4 
 
 8 
 
 24 
 
 32 
 
 Northampton ... 
 
 Mayor, 2 Bailiffs, Alder- 
 men (indefinite), and 48 
 Councilnien 
 
 Life 
 
 70 
 
 3 
 
 6 
 
 24 
 
 30 
 
 Norwich 
 
 Mayor, 23 otlier Aldermen, 
 2 Sheriffs, and GO Coun- 
 cilmen 
 
 Annually 
 
 86 
 
 8 
 
 16 
 
 48 
 
 64 
 
 Nottingham 
 
 Mayor, 6 other Aldermen, 
 18 senior, and C junior 
 Councillors 
 
 Life 
 
 31 
 
 16 
 
 16 
 
 48 
 
 64 
 
 Oswestry 
 
 Mayor, 12 Aldei-men, and 
 15 Councilnien (includ- 
 ing Mayor) 
 
 Life 
 
 37 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Oxford 
 
 Mayor, 2 Bailiffs, 4 Alder- 
 men, i)art Bailiffs, part 
 Chamberlains, 8 Assist- 
 ants, and 24 Councilnien 
 
 Life 
 
 41 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Pembroke 
 
 Mayor and Councilnien in- 
 definite 
 
 Life 
 
 37 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Penryn 
 
 Mayor and 24 cliief Bur- 
 gesses 
 
 Life 
 
 25 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Penzance 
 
 Maj'or (fe 8 other Aldermen 
 
 Life 
 
 9 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Plymouth 
 
 Maj'or, 12 Aldermen, and 
 24 Councilnien 
 
 Annually 
 
 37 
 
 6 
 
 12 
 
 36 
 
 48 
 
 Pontcfract 
 
 Mayor and 12 Aldermen 
 
 Life 
 
 13 
 
 
 6 
 
 18 
 
 24 
 
 Poole ... 
 
 Mayor, 2 Bailiffs, Alder- 
 men and Burgesses in- 
 definite 
 
 Life 
 
 138 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Portsmouth , , . 
 
 Mayor, 12 Aldermen, and 
 Recorder 
 
 Life 
 
 14 
 
 6 
 
 14 
 
 42 
 
 66 
 
 Preston 
 
 Mayor, 7 Aldermen, and 17 
 capital Burgesses 
 
 Life 
 
 25 
 
 6 
 
 12 
 
 36 
 
 48 
 
 Pwllheli 
 
 Mayor, 2 Bailitis, and Bur- 
 gesses indefinite 
 
 a — 
 
 • 
 
 6 88 
 
 
 4 
 
 12 
 
 16
 
 122 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 1. (Part IV., Sec. 5.)— continued. 
 
 
 The Ancient Governing Body or ComTnon 
 
 The Govemimg Body 
 
 Cities 
 
 Council, 183c 
 
 >. 
 
 
 in 1879. 
 
 
 
 ■-^ ^ 
 
 -a 
 
 
 
 "S^. 
 
 AlfD 
 BOBOUGHS. 
 
 Composition of tlie Ancient 
 Governing Body. 
 
 Duration of 
 Office by 
 
 those elected 
 
 5 1 
 
 
 O S 
 
 •S2 
 
 £ it 
 
 
 Sec. 3. (The Municipal Franchise 
 
 to the 
 
 OnTnTnoTt 
 
 -20 S 
 
 o 
 ;-, 
 o 
 
 "s _S 
 
 11 
 
 ^■B. 
 
 
 details the system of election. 
 
 \^'KJ I I I I I I KjlX 
 
 Council. 
 
 Tot! 
 Govei 
 
 g 
 
 1^ 
 
 •^8 
 
 •3S 
 
 ■4-3 "> 
 
 ^1 
 
 Col. 1. 
 
 Col. 3. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. S 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Reading 
 
 Mayor, 12 Aldermen, and 
 12 Assistants 
 
 Life 
 
 25 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Retford (East) 
 
 2 Bailiffs and 12 Aldermen 
 (including senior Bailiff) 
 
 Life 
 
 13 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Richmond 
 
 Mayor and 12 Aldermen 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 (Yorks) 
 
 
 
 
 
 
 
 
 Ripon ... 
 
 Mayor, 12 Aldermen, and 
 24 Assistants 
 
 Life 
 
 37 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Rochestei' 
 
 Mayor, 11 Aldermen, and 
 12 Assistants 
 
 Life 
 
 24 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Romsey ... 
 
 Mayor, 6 Aldermen, and 
 12 capital Burgesses 
 
 Life 
 
 19 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Rutliin 
 
 2 Aldermen, 16 Councd- 
 men 
 
 J Annually 
 
 18 
 
 — - 
 
 4 
 
 12 
 
 16 
 
 Rye 
 
 Mayor, 12 Jurats, and 
 Freemen indefinite 
 
 a — 
 
 6113 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Saflfron Walden 
 
 Mayor and 12 Aldermen 
 
 Life 
 
 13 
 
 
 4 
 
 12 
 
 16 
 
 St. Albans ... 
 
 Mayor and 12 Aldermen 
 
 Life 
 
 13 
 
 — 
 
 4 
 
 12 
 
 16 
 
 St. Ives (Corn- . 
 
 Mayor and 10 Aldermen 
 
 Life 
 
 11 
 
 — 
 
 4 
 
 12 
 
 16 
 
 wall) 
 
 (with capital Burgesses) 
 
 
 
 
 
 
 
 Salisbury ... ' 
 
 Mayor, Recorder, Dep. Re- 
 corder, 24 Aldermen, 30 
 
 Assistants 
 
 Life 
 
 57 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Sandwich 
 
 1 
 
 Mayor, 12 Jurats, 24 
 Councdmen, and Free- 
 men indefinite 
 
 a — 
 
 61,025 
 
 
 4 
 
 12 
 
 16 
 
 Scarborough . . . 
 
 2 Bailiffs, 2 Coroners, 4 
 Chamberlains, and 36 
 capital Burgesses in 3 
 classes 
 
 Annually 
 
 44 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Shaftesbury 
 
 Mayor, Recorder, and 12 
 capital Burgesses 
 
 Life 
 
 14 i 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Shrewsbury ... 
 
 Mayor, 23 other Aldermen, 
 and 48 As.sistants 
 
 Life 
 
 72 1 
 
 1 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Southampton ... 
 
 Mayor, Sheriff, 2 Badiffs, 
 and Aldermen and Coun- 
 cilmen indefinite 
 
 Life 
 
 45 
 
 5 
 
 10 
 
 30 
 
 40 
 
 South Molton ... i 
 
 Capital Steward, Mayor, 
 
 Life 
 
 20 
 
 — 
 
 4 
 
 12 
 
 16 
 
 
 and 18 Burgesses 
 
 
 
 
 
 
 
 South wold 
 
 2 Bailiffs, and Commonalty 
 indefinite 
 
 a — 
 
 6 218 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Stafford ... 
 
 1 
 
 Mayor, 10 Aldermen, and 
 10 capital Burgesses 
 
 Life 
 
 21 
 
 i 
 1 
 
 2 
 
 8 
 
 24 
 
 32 
 
 J The constitution of the Ruthin corporation was very peculiar. The two aldermen were 
 elected by the burgesses at large, and the aldermen appointed their own town council.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 123 
 
 TABLE L (Part IV., Sec. 5.}—contimied. 
 
 
 The Ancient Governinp: Bo 
 
 ly or Common 
 
 The Governing Body 
 
 CITIB8 
 
 Council, 1H35 
 
 
 
 
 in lb79. 
 
 
 
 u >? 
 
 1 
 
 
 
 *s^- 
 
 AITD 
 
 Boroughs. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 
 Office by 
 
 those elected 
 
 to the 
 
 r^rjTTiTTinTi 
 
 So" 
 
 1 
 
 •s 
 
 u 
 
 
 
 »4 to 
 
 u 
 
 11 
 
 II 
 
 
 details tlie sy.stem of election. 
 
 \_/ yj IIIIII \J LL 
 
 Council. 
 
 Toti 
 Govei 
 
 .0 
 
 B 
 
 
 
 55 
 
 ^^ 
 
 ^0 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Stamford 
 
 Mayor, 12 other Aldermen, 
 and 24 capital Burgesses 
 
 Life 
 
 37 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Stockport 
 
 Mayor, Aldermen (inde- 
 tiiiite) and Freeholders — 
 not less than 12 
 
 a — 
 
 6 427 
 
 6 
 
 14 
 
 42 
 
 56 
 
 Stockton- on- 
 
 Mayor, Aldermen (inde- 
 
 a — 
 
 : 71 
 
 4 
 
 8 
 
 24 
 
 32 
 
 Tees 
 
 finite) and Burgesses (in- 
 cluding foregoing) 
 
 
 
 
 
 
 
 Stratford-on- 
 
 Mayor, 11 other Aldermen, 
 
 Life 
 
 24 
 
 __ 
 
 4 
 
 12 
 
 16 
 
 Avon 
 
 and 12 capital Burgesses 
 
 
 
 
 
 
 
 Sudbury 
 
 Mayor, G Aldermen, and 24 
 Councilmen 
 
 Life 
 
 31 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Sunderland 
 
 12 Freemen and 18 Stallin- 
 gers 
 
 Life 
 
 30 
 
 9 
 
 16 
 
 48 
 
 64 
 
 Swansea 
 
 Portreeve, 11 other Alder- 
 men, and Burgesses in- 
 definite 
 
 a — 
 
 6 64 
 
 4 
 
 1 
 
 6 
 
 18 
 
 24 
 
 Tam worth 
 
 2 Bailifts, and 22 other 
 capital Burgesses 
 
 Life 
 
 24 
 
 
 4 
 
 12 
 
 16 
 
 Tenby 
 
 Mayor, and Aldermen, and 
 Councihuen indefinite 
 
 Life 
 
 41 
 
 
 4 
 
 12 
 
 16 
 
 Tenterden 
 
 Mayor, 12 Jurats, and 
 Freemen indefinite 
 
 Life 
 
 31 
 
 
 4 
 
 12 
 
 16 
 
 Tewkesbury ... 
 
 2 Bailifls and 22 other 
 principal Burgesses 
 
 Life 
 
 24 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Thetford 
 
 Mayor, 9 other principal 
 Burges.ses, and Common- 
 alty (20) 
 
 Life 
 
 30 
 
 
 4 
 
 12 
 
 16 
 
 Tiverton 
 
 Mayor, 12 capital Bur- 
 gesses, and 12 Assistants 
 
 Life 
 
 25 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Torrington 
 
 Mayor, 7 other Aldermen, 
 
 Life 
 
 20 
 
 
 
 4 
 
 12 
 
 16 
 
 (Great) 
 
 and 12 capital Burgesses 
 
 
 
 
 
 
 
 Totnes 
 
 Mayor, 13 other Masters, 
 (tc, and 20 Burgesses 
 
 Life 
 
 34 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Truro 
 
 1 
 
 Mayor, 4 Aldermen, and 
 remainder capital Bur- 
 gesses 
 
 Life 
 
 24 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Wiillingford ... 
 
 Mayor, 5 other Aldermen, 
 and 18 Assistants 
 
 Life 
 
 24 
 
 — 
 
 4 
 
 12 
 
 16 
 
 WaUall 
 
 Mayor, and 23 other capi- 
 tid Bxirgesses 
 
 Life 
 
 24 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Warwick ... 
 
 i 
 
 Mayor, and 11 other Alder- 
 men 
 
 Life 
 
 12 
 
 2 
 
 6 
 
 18 
 
 24 
 
 I The number of the Council was limited to 71.
 
 124 
 
 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 TABLE 1 (Part IV., Sec. 5.)—€onti7iued. 
 
 Cities 
 
 AND 
 BOBOUGHS. 
 
 Col. 1. 
 
 Welclipool 
 
 The Ancient Governing Body or Common 
 Council, 1835. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 detaUs the system of election. 
 
 Duration of 
 
 Office by 
 
 those elected 
 
 to the 
 
 Common 
 
 Council. 
 
 Col. 2. 
 
 2 BailiflFs, Aldermen (in- 
 definite) and Burgesses 
 (indefinite) 
 
 Wells I Mayor, 7 Masters, and 16 
 
 ! capital Burgesses 
 Wenlock ... | BaUiif, Bailiff Peers, inde- 
 
 finite, and Burgesses 
 indefinite 
 
 Wepnouth&Mel- Mayor, Aldermen (indefi- 
 combe Regis [' nite), 2 Baili&'s, and 24 
 capital Burgesses 
 
 Wigan ... 
 "Winchester 
 
 Windsor 
 
 Wisbech 
 Worcester 
 
 Yarmouth (Great) 
 York 
 
 Mayor, 12 Aldermen, 2 
 Bailiffs, and Burgesses 
 indefinite 
 
 Mayor, 6 Aldermen, 24 
 " the men," and Free- 
 men indefinite(in common 
 haU) 
 
 Mayor, 9 other Aldennen, 
 3 Benchers, and remain- 
 der Younger Bretlu-en 
 
 10 capital Burgesses, and 
 40s. Freehold Residents 
 
 Mayor, Aldennen, capital 
 Councilmen,and Citizens 
 and Free Citizens (latter 
 indefinite) 
 
 Mayor, 17 other Aldermen, 
 and 36 Councilmen 
 
 Lord Mayor, 12 Aldermen, 
 2 Sheriffs, Past Sheri&s, 
 (indefinite) and 72 coun- 
 cilmen 
 
 Col. 3. 
 a — 
 
 Life 
 
 Life 
 
 Life 
 
 Life 
 
 Annually 
 Life 
 
 Life 
 Life 
 
 The Governing Body 
 in 1879. 
 
 . 
 
 rn 
 
 
 
 1 1 
 
 t 
 
 
 
 C3 
 
 «w . 
 
 <i-i ai 
 
 ^ 
 
 o C 
 t. o 
 
 to 
 
 §-^;= 
 
 O 
 
 .S r 
 
 c 12 
 
 ^•gfi 
 
 
 £ ii 
 
 r ^ 
 
 -o f 
 
 •a 
 
 ^< 
 
 A-^ 
 
 H o 
 
 ^ 
 
 
 
 O 
 
 ^ 
 
 
 
 § be 
 
 Col. 4. i'Col. 5Col. 6 
 159 
 
 24 
 
 t550 
 
 33 
 
 tlG6 
 112 
 
 30 
 
 10 
 
 72 
 
 54 
 97 
 
 4 
 6 
 
 6 
 
 10 
 
 6 
 
 2 
 5 
 
 6 
 6 
 
 6 
 12 
 
 12 
 12 
 
 Col. 7 
 
 12 
 
 12 
 
 18 
 
 18 
 30 
 18 
 
 18 
 
 18 
 36 
 
 36 
 36 
 
 Col. 8 
 
 16 
 
 16 
 24 
 
 24 
 
 40 
 
 24 
 
 24 
 
 24 
 48 
 
 48 
 48 
 
 Totals 
 
 13,1621 — 112133804501
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 125 
 
 TABLE 2. (Part IV., Sec. 5.) — Citibb and Boroughs incorporated since 
 
 THE PASSING OF 5 AND 6 WiLLIAM IV., C. 76. 
 
 
 The Ancient Governing Body or Common 
 
 The Governing Body 
 
 Citibb 
 
 Council, 1835 
 
 
 
 in 1879. 
 
 
 
 ^' ^ 
 
 B 
 
 
 
 
 AITD 
 BOBOUOHS. 
 
 Composition of the Ancient 
 Governing Body. 
 
 Sec. 3. (The Municipal Franchise) 
 
 Duration of 
 Office by 
 
 those elected 
 
 to the 
 
 Common 
 
 Council. 
 
 So" 
 
 9 
 
 
 li 
 
 
 
 details the system of election. 
 
 1 'i 
 
 1 
 
 |q 
 
 ^& 
 
 sS 
 
 
 
 
 ^ 3 
 
 125 
 
 1 1 o.° 1 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 Col. 5 
 
 Col. 6 
 
 Col. 7 
 
 Col. 8 
 
 Aberavon 
 
 Portreeve, 2 Aldermen, and 
 
 a — 
 
 6 52 
 
 
 
 4 
 
 12 
 
 16 
 
 
 Burgesses indefi 
 
 nite 
 
 
 
 
 
 
 
 Accrington 
 
 • ■ > ■ • > 
 
 
 
 — 
 
 — 
 
 4 
 
 8 
 
 24 
 
 32 
 
 Asliton - under - 
 
 ... 
 
 ... 
 
 — 
 
 — 
 
 4 
 
 8 
 
 24. 
 
 32 
 
 Lyne 
 
 
 
 
 
 
 
 
 
 Bamsley 
 
 * ■ • • > * 
 
 > • ■ ... 
 
 — 
 
 — 
 
 6 
 
 6 
 
 18 
 
 24 
 
 Barrow- in - Fur- 
 
 . * • ... 
 
 . . > ■ • . 
 
 — 
 
 — 
 
 8 
 
 8 
 
 24 
 
 32 
 
 ness 
 
 
 
 
 
 
 
 
 
 Batley ... ' 
 
 • • > . ■ . 
 
 ■ * ■ • . 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 ! 
 
 Birkenhead 
 
 ... 
 
 .. 
 
 — 
 
 — 
 
 9 i 14 
 
 42 56 
 
 Birmingham ... 
 
 
 
 
 — 
 
 — 
 
 16 16 
 
 48 64 
 
 Blackburn 
 
 . • ■ . • • 
 
 • > • • I 
 
 — 
 
 — 
 
 7 
 
 14 
 
 42 
 
 56 
 
 Blackpool 
 
 ■ • ■ ... 
 
 • • . ■ • 
 
 — 
 
 — 
 
 6 
 
 18 
 
 14 
 
 32 
 
 Bolton ... 
 
 
 
 
 
 — 
 
 — 
 
 9 
 
 16 
 
 48 
 
 64 
 
 Bootle-cum-Lin- 
 
 ■ • • > ■ • 
 
 . . ... 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 acre 
 
 
 
 
 
 
 
 
 
 Bradford (Yorks.) 
 
 • • • • • • 
 
 . . ... 
 
 — 
 
 — 
 
 9 
 
 15 
 
 45 
 
 60 
 
 Brigliton 
 
 
 . . ... 
 
 — 
 
 — 
 
 7 
 
 13 
 
 39 
 
 52 
 
 Burnley ... 
 
 • . • ... 
 
 
 — 
 
 — 
 
 8 
 
 8 
 
 24 
 
 32 
 
 Burslem ... 
 
 ... ... 
 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Burton-upon- 
 
 
 
 
 — 
 
 — 
 
 4 8 
 
 24 
 
 32 
 
 Trent 
 
 
 
 
 
 
 
 
 
 Bury (Lane.) ... 
 
 • • . . • • 
 
 
 — 
 
 — 
 
 5 
 
 10 
 
 30 
 
 40 
 
 Cheltenham ... ; 
 
 ... 
 
 . . ... 
 
 — 
 
 — 
 
 6 
 
 6 
 
 18 
 
 24 
 
 Conway ... 
 
 Mayor, 2 Bailiffs, and Bur- 
 gesses indefinite 
 
 — 
 
 36 
 
 — 
 
 4 
 
 12 
 
 16 
 
 Crewe ... 
 
 *•■ ■•■ ... ••• 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Darlington ... 
 
 ■ • ■ > • • 
 
 . . ... 
 
 — 
 
 — 
 
 6 
 
 6 
 
 18 
 
 24 
 
 Devonport 
 
 • . • • • • 
 
 
 — 
 
 — 
 
 6 
 
 12 
 
 36 
 
 48 
 
 Dewsbury ... 
 
 • • * ... 
 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 1 
 
 Dudley ... 
 
 
 
 — 
 
 — 
 
 7 10 
 
 30 
 
 40 
 
 Dunstable 
 
 . • • ... 
 
 
 — 
 
 — 
 
 — 4 
 
 12 
 
 16 
 
 Glossop 
 
 ... ... 
 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Halifax 
 
 ... • • • 
 
 
 — 
 
 — 
 
 10 10 
 
 30 
 
 40 ' 
 
 Hanley ... 
 
 ■ ■ • . • • 
 
 
 — 
 
 — 
 
 3 6 
 
 24 
 
 30 
 
 Hartlepool 
 
 Mayor, and 12 Capital 
 
 Life 
 
 13 
 
 — 4 
 
 12 
 
 16 
 
 
 Burgesses 
 
 
 
 
 
 
 
 Hedon ... 
 
 IMayor, 2 Bailiffs and 9 
 Aldermen 
 
 Life 
 
 12 
 
 — 
 
 3 
 
 9 
 
 12 
 
 Honiton 
 
 
 — 
 
 — 
 
 2 
 
 6 
 
 18 
 
 24 
 
 Huddersfield . . . 
 
 ... ... ... ... 
 
 — 
 
 — 
 
 12 
 
 14 
 
 42 
 
 66 
 
 Jarrow 
 
 ... ... ... ... 
 
 — 
 
 — 
 
 4 
 
 6 
 
 18 
 
 24 
 
 Leamington 
 
 
 
 — 
 
 — 1 
 
 3 
 
 6 
 
 18 
 
 24
 
 126 
 
 ENGLISH MUNICIPAL INSTITUTIONS', 
 
 TABLE 2. (Part IV., Sec. 5.}—co7iUnued. 
 
 
 The Ancient Governing Body or Common 
 
 j The Governing Body i 
 
 Cities 
 
 Council, 1835 
 
 
 
 in 1879. 1 
 
 
 
 ^ ^ 
 
 [ 
 m 
 
 -a 
 
 
 
 oi" 
 
 AND 
 
 Composition of ;the Ancient 
 Governing Body. 
 
 Duration of 
 
 Office by 
 those elected 
 
 1 n 
 
 
 O p3 
 
 |a 
 
 *S2 
 
 f^ o 
 
 BOEOrGHS. 
 
 Sec. 3. (The Municipal Franchise) 
 
 to the 
 
 1 ^ Am >'vi n^n 
 
 
 o 
 
 
 as 
 
 £'3 
 
 
 qletMis'ttje system of election. 
 
 ^^ mil [f ion 
 Council. 
 
 Totf 
 Gover 
 
 a 
 
 1^ 
 
 ^3 
 
 1? 
 o o 
 
 Ha 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 Col. 4. 
 
 C 1. 5 
 
 Col. 6 
 
 Col. 7 
 
 col. 8 
 
 Longton 
 
 ... ... ... . ■ ■ 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Luton ... 
 
 ••• ••• ... .•• 
 
 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Manchester 
 
 ... ... ... ... 
 
 — 
 
 
 15 
 
 16 
 
 48 
 
 64 
 
 Margate 
 
 ... ... ... >•■ 
 
 — 
 
 — 
 
 i 4 
 
 4 1 12 
 
 16 
 
 Middlesborongh 
 
 ,,. 
 
 — 
 
 — 
 
 i 5 
 
 10 
 
 30 
 
 40 
 
 Oldham... 
 
 1 
 
 — 
 
 
 ! 8 
 
 8 
 
 24 
 
 32 
 
 Over Darwen ... 
 
 ... ... .*• ■•• 
 
 
 
 
 ' 6 
 
 6 
 
 18 
 
 24 
 
 Peterborough ... 
 
 1 
 
 
 
 - — - 
 
 i 3 
 
 6 
 
 18 
 
 24 
 
 Reigate... 
 
 ... 
 
 — 
 
 — 
 
 i 2 
 
 6 
 
 18 
 
 24 
 
 Rochdale 
 
 •*. .., ... ... 
 
 — 
 
 — 
 
 10 
 
 10 30 
 
 40 
 
 Rotherham 
 
 ... ... ... . > > 
 
 — 
 
 — 
 
 6 
 
 6 18 
 
 24 
 
 Ryde 
 
 ... ••• ••. ••• 
 
 — 
 
 — 
 
 2 
 
 6 18 
 
 24 
 
 St. Helen's ... 
 
 ... 
 
 
 
 — 
 
 6 
 
 6 18 
 
 24 
 
 St. Ives (Hunts) 
 
 
 
 — 
 
 — 
 
 — 
 
 4 ' 12 
 
 16 ! 
 
 Salford 
 
 ... ... ... ... 
 
 
 
 — 
 
 12 
 
 16 48 
 
 64 
 
 Sheffield 
 
 
 — 
 
 — 
 
 9 
 
 16 48 
 
 64 
 
 Southport 
 
 .■• ... ... ••• 
 
 — 
 
 — 
 
 6 
 
 10 30 
 
 40 
 
 South Shields ... 
 
 ... 
 
 — 
 
 — 
 
 3 
 
 8 24 
 
 32 j 
 
 Stalybridge 
 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Stoke - upon- 
 
 ... ... ... ... 
 
 — 
 
 — . 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Trent 
 
 
 
 
 
 . 
 
 
 TaiTnton 
 
 »•• ... ... ... 
 
 — 
 
 — 
 
 3 
 
 6 ' 18 
 
 24 
 
 Tynemouth 
 
 ... ... ... .>* 
 
 — 
 
 — 
 
 3 
 
 6 
 
 18 
 
 24 
 
 Wakefield 
 
 ••• •■. .•• ... 
 
 — 
 
 ! 
 
 7 
 
 8 
 
 24 
 
 32 
 
 Warrington 
 
 
 — 
 
 i 
 
 5 
 
 9 27 
 
 36 
 
 Wolverhampton 
 
 .•• ••* ... ••• 
 
 — 
 
 _ 
 
 8 
 
 12 36 
 
 48 
 
 Wrexham 
 
 ■•• *•• >•• ■•■ 
 
 — 
 
 
 
 4 
 
 4 12 
 
 16 
 
 Yeovil ... 
 
 Portreeve, and 11 other 
 Burgesses 
 
 Life 
 
 12 
 
 ! 
 
 
 
 4 12 
 
 16 
 
 Totals 
 
 
 
 ... 
 
 125 
 
 
 
 510|1496 
 
 2006 
 
 Grand Totals 
 
 
 
 13,287* 
 
 * 
 
 16314876 
 
 6507 
 
 (Tables 1 and 2) 
 
 
 
 1 
 
 
 
 
 SUMMARY AND COMPARISONS. 
 
 Tables 1 and 2. — Excess of number of Members of 
 ancient Gfoverning Bodies over number of Members 
 of present Governing Bodies 
 
 6,780 
 
 Proportionate representation by the present Governing Bodies of 
 the 240 Municipal Cities and Boroughs of the estimated population 
 for the present year (1879) : — 
 
 Aldermen and Councillors — 1 representative to every 1,061| inhabitants. 
 
 Councillors only 1 ,, ,, l,416ro „ 
 
 * The total number of boroughs divided into wards at the present time (April^ 
 1879) is 154.
 
 THEHl GROWTH AND DEVELOl'MKNT. 127 
 
 (G.) The Municipal Judges and Magistracy. 
 
 The Municipal Commissioners reported, in 1835, that in a great 
 majority of the incorporated towns there prevailed a general distrust 
 of the municipal magistracy, tainting with suspicion the local admin- 
 istration of justice, and often accompanied with contempt of the 
 persons by whom the law is administered. It is not sui-prising, 
 therefore, that the Act of 1835 made a sweeping change in the mode 
 of appointment to the judicial offices of the reformed municipalities. 
 
 The Kecorder, sometimes called the Steward, was, under the ancient 
 administration, mostly elected by the common council ; in some cases 
 by the aldermen or superior body of the council ; and in others by 
 the burgesses or freemen at large. The terms of the charters 
 generally required him to be learned in the law — a condition 
 frequently deemed to be complied with by electing a peer of the 
 realm, whose status as a judge by the constitution of Parliament 
 was held to come within that technical description. Where the office 
 was held by the lord of the manor, or the individual commonly 
 regarded as the " patron " of the borough, its functions were dis- 
 charged, almost without exception, by a deputy ; the town clerk being 
 invariably nominated in that capacity. This unrestrained delegation 
 and oft-times anomalous combination of important duties not un seldom 
 led to very mischievous results ; the nominal connection of many of 
 the recorders with their boroughs being only a form to cover the 
 exercise of an unhealthy control. Few of them resided within the 
 jurisdiction with which they were identified, although looked upon 
 as the principal legal advisers of the corporate bodies. They were 
 mostly magistrates within their boroughs and quorum judges of the 
 courts of general and quarter sessions and courts of record where 
 those existed. Column 8 of Table 1 in this Section sets out the mode 
 of election observed in the cities and boroughs named in the Act of 
 1835, and shows where the consent of the Crown was requisite to the 
 appointment. 
 
 It may be said that, universally, the municipal magistrates were, 
 previous to the year 1835, locally elected. Their authority was, 
 however, very irregularly distributed, and too often the persons 
 selected to exercise it could only advance political partisanship as a 
 reason for their elevation to a dignified and honourable position. The 
 gross incompetence of many of the magistrates naturally rendered 
 their administration of the law extremely defective, and excited just 
 suspicion and indignation amongst the inhabitants. It was not often 
 that persons outside the common council were chosen for the office,
 
 128 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 and where there were aldermen they were usually the favoured class. 
 The Mayor was always the chief magistrate wherever a criminal 
 jurisdiction, however limited, was in practice ; the Mayors of 
 Lancaster, Liverpool, and Preston being also ex-officio magistrates of 
 the county. The borough jurisdictions were occasionally concurrent 
 with those of the county magistrates, but mostly exclusive; even 
 where they were not, the county magistrates rarely interfered. 
 Column 2 to 9 of the Tables following hereon supply, with those 
 of the next Section of this Part (The Criminal and Civil Jurisdictions), 
 details descriptive of the composition, powers, and number of the 
 abolished local tribunals, and magistracies. 
 
 The uniform system of administering justice in the corporate towns 
 as provided by the Municipal Act of 1885, has undergone but slight 
 amendment. The borough justices at present consist of the mayor 
 during his year of office and one year after his mayoralty determines, 
 the recorder and such persons as the Crown may appoint by virtue of 
 section 98 : — " and be it enacted that it shall be lawful for His 
 Majesty from time to time to assign to so many persons as he shall 
 think fit His Majesty's commission to act as justices of the peace 
 in and for each borough, and in and for each of the counties of cities 
 and towns respectively named in the schedules of this Act, to which 
 His Majesty may be pleased upon the petition of the council to grant 
 a commission of the peace : Provided, nevertheless, that every person 
 so assigned shall reside within the borough for which he shall be so 
 assigned, or within seven miles of such borough or some part thereof, 
 during such time as he shall act as a justice of the peace in and for 
 such borough." 
 
 A borough justice need not have such qualification by estate as is 
 required for a county justice, provided he be not disqualified by law 
 to act as a justice of the peace from any other cause or on any other 
 account than in respect of estate ; nor need he be a burgess of the 
 borough in and for which he is assigned to act as a justice. 
 
 Summonses and warrants issued by the borough justices may be 
 served and executed within the county in which the borough is 
 situated, or within seven miles from such borough, without the 
 endorsement of a county justice. 
 
 A sheriff, during his year of office, is disqualified from acting as a 
 justice of the peace ; nor can a coroner act as a justice ; but attorneys, 
 although disabled from acting as justices for a county whilst 
 practising as attorneys, are permitted to act in boroughs and in 
 counties of cities and towns.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 129 
 
 If the council of any borough think it requisite that a salaried 
 police magistrate or magistrates be appointed within such borough, 
 they are empowered to make a bye-law * fixing the amount of the 
 salary which such magistrate is to receive. Tliis bye- law is to be 
 transmitted to one of Her Majesty's principal secretaries of state [in 
 practice the Home Secretary], and it is thereupon lawful for the 
 Crown to appoint one or more fi.t persons, according to the number 
 fixed in the said bye-law (being barristers-at-law of not less than five 
 years' standing) to be, during His (or Herj Majesty's pleasure, police 
 magistrate or magistrates and a justice or justices of the peace for 
 such borough, and to direct that the salar}' fixed by the council should 
 be paid quarterly out of the borough fund to such magistrate or 
 magistrates : provided always however, that in every case of the 
 vacancy of the office of police magistrate in any borough no new 
 appointment shall be made until the council shall again make 
 application to one of Her Majesty's principal secretaries of state in 
 that behalf, as in the case of the first appointment of a police 
 magistrate in such borough. 
 
 The Council of any borough to which a separate commission of the 
 peace is granted are required to provide one or more fit and suitable 
 office or offices, to be called ' the police office ' or ' offices ' of the 
 borough, for the purpose of transacting the business of the justices ot 
 such borough. No room in any house licensed as a victualling house 
 or ale-house can, however, be used for the purposes of such police 
 office. 
 
 * Section 99 ; the following cities and boroughs have applied for and been granted 
 a stipendiary magistrate in i)ursuance thereof. 
 
 City or Borough. 
 
 Birkenhead 
 
 Birniingluini 
 
 Brighton 
 
 Carditf 
 
 Kingston-on-Hull ... 
 
 Leeds 
 
 Liverpool 
 
 Stipendiary magistrates adjudicate in the boroughs of Burslem, Hanley, Longton, 
 Salford, Stoke-upon-Trent. and Wolverhampton, under special Acts of Barliament, as 
 follows : — 
 
 ^"Snat:^J.°' City or Borough. 
 
 Present Salaryof 
 Stipendiary. 
 
 ... £1.000 
 
 Manchester 
 
 £1.000 
 
 ... £1.000 
 
 Middlesborough .. 
 
 £.-00 
 
 £8U0 
 
 Sheffield 
 
 £1.000 
 
 £7r)0 
 
 South Shields 
 
 £800 
 
 £900 
 
 Swan.^ea 
 
 £7oO 
 
 ... £1.000 
 
 Worcester 
 
 £300 
 
 ... £1,750 
 
 
 
 Boroughs. 
 
 Burslem 
 Hanley 
 
 Longton 
 
 Stoke-upon-Trent 
 
 Salford 
 
 Wolverhampton 
 
 } 
 
 Acts of Parliament. 
 
 2 Vic, c. 13, (Staffordshire 
 Potteries, &c., Act.) 
 
 17 Vic, c. 20, (Salford Borough 
 and ilantdicster division, 
 &.C., Act.) 
 
 9 and 10 Vic, c. 65, Wolver- 
 hami)ton, kc, Act.) 
 
 Present Salary of 
 Stipendiary. 
 
 £1,000 
 
 £1,200 
 
 £1,000 
 
 K
 
 130 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 The justices must appoint a clerk, to be removable at their pleasure ; 
 but it is not lawful for them to appoint or to continue as their clerk 
 any alderman or councillor of such borough, or clerk of the peace of 
 the borough, or the partner of such clerk of the peace, or any clerk 
 or person in the employment of such clerk of the peace. Nor is it 
 lawful for the clerk to the justices to be by himself or his partner 
 interested or employed in the prosecution of any offender committed 
 for trial by the justices to whom he is clerk. Any person offending 
 against this enactment is liable to a fine of £100, one half of which is 
 to go to the borough fund, and the other half (with full costs of suit) 
 to any person who will sue for the same in any of Her Majesty's 
 courts of record at Westminster. 
 
 JS^otwithstanding the grant of a separate commission of the peace 
 to a borough, if it have not also a separate court of quarter sessions, 
 the county justices can still exercise jurisdiction within its limits,* 
 But no part of any borough in and for which a separate court of 
 quarter sessions of the peace is holden is within the jurisdiction of the 
 justices of any county from which such borough before the passing of 
 the Act was exempt, any law, statute, letters patent, charter, grant, 
 or custom to the contrary notwithstanding. 
 
 The council of any borough who desire that a separate court of 
 quarter sessions should be holden for such borough, may signify their 
 wish by petition to Her Majesty in Council, setting forth the grounds 
 of the application, the state of the gaol, and the salary which they are 
 willing to pay the recorder. Thereupon the Crown may grant a 
 separate court of quarter sessions for such borough, and may appoint 
 as recorder thereof a barrister of not less than five years' standing, 
 who is to hold his office during good behaviour. If a vacancy in the 
 office occurs, the Crown has also the right of filling it up. The 
 recorder is to be a justice of the peace for the borough, and is to have 
 precedence therein next after the mayor. He is ineligible to repre- 
 sent the borough in Parliament, or to serve as an alderman, councillor, 
 or police magistrate thereof. In case of sickness or unavoidable 
 absence, he is empowered to appoint, under his hand and seal, a 
 deputy recorder (being a barrister of five years' standing) to act for 
 him at the quarter sessions of the peace then next ensuing. 
 
 The council are to appoint the clerk of the peace ; but the recorder 
 has nevertheless the power of removing him in case of misconduct in 
 his office. 
 
 Before entering upon their offices, both the recorder and the 
 
 * In practice, the county magistrates, as such, never adjudicate in a borough which 
 has a separate commission of the peace.
 
 THEIR GHOWTH and DEVELOPMENT 131 
 
 boroup^h justices are to make before the mayor, or anj' two or more of 
 the aldermen or councillors of tlic boroupjb, a declaration that they 
 will faitlifuUy and impartially fulfil their duties according to the best 
 of their judgment and ability. 
 
 The recorder is to hold, once in every quarter (or oftener if he 
 thinks fit, or Her Majesty so directs), a court of quarter sessions, in 
 which he is sole jndijc, and which has cognizance of all crimes 
 cognizable by county quarter sessions.* The recorder, has, however, 
 no power to make or levy a county rate, or a rate in the nature 
 of a county rate, or to license houses for the sale of excisable 
 liquors, or generally to exercise any of the powers vested in the town 
 council. 
 
 In the absence of the recorder or deputy recorder at the time 
 fixed for holding the quarter sessions, the mayor may open and adjourn 
 the court, and may respite all recognizances entered by persons for 
 their appearance there ; but he cannot do anything else. 
 
 The authority of the recorder of a borough is not determinul by 
 Her Majesty's judges coming into the county, and acting there under 
 their commissions of o>/er and terminer and general gaol delivery ; he 
 may, therefore, hold his quarter sessions of the peace during the time 
 of the assizes in the same couuty. 
 
 Schedule A of the Act prescribes, as before observed (page 40), 
 that the cities and boroughs named therein are to have a commission 
 of the peace; those comprised in Schedule B not being permitted one 
 unless on petition or grant. No commission has, however, been 
 issued to Neath, although that borough is included in Schedule A ; 
 the reason for this exclusion has not transpired. 
 
 The Act 6 and 7 AYilliam IV., c. 105, intituled ' An Act for the 
 better administration of Justice in certain Boroughs,' gave the couuty 
 justices power to contract with the council of a borough in which 
 there is a sufficient gaol, for the committal of county prisoners thereto, 
 and authorised the trial of such persons by the court of quarter 
 sessions, if there be one ; enabled the recorder of a borough to try 
 persons at the borough sessions, although they might have been com- 
 mitted for trial to a county prison more than two miles from the 
 borough ; and enacted that the oaths to be taken by the recorder or 
 the borough justices might be taken before the mayor or any two 
 councillors without suing out or obtaining any special dcdimus or 
 other commission or authority for administering such oaths ; and that 
 the powers heretofore vested by local Acts in the justices in quarter 
 
 * See page 153 as to oflEences which are not within the cognizance of these Courts. 
 
 K 2
 
 132 ENGLISH MUNICIPAL INSTITUTIONS. 
 
 sessions, and not coming within the scope of the recorder's authority, 
 should be exercised by the town council. This Act also contains 
 provisions in reference to courts of request, to courts of record, to the 
 courts of quarter sessions of the Cinque Ports, and to the appointment 
 of the vice-chancellor of the University of Cambridge to be a justice 
 of the peace for the town. 
 
 The Act 7 William IV. and 1 Victoria, c. 78, s. 31, provided that 
 all offences committed within any borough, or the precincts thereof, 
 against the provisions of any local Act of Parliament were in future 
 to be cognizable by the borough magistrates. 
 
 The Act 30 and 31 Victoria, c. 115, s. 2, enacts " that a justice of 
 the peace shall not be incapable of acting as a justice at any petty, or 
 special, or general, or quarter sessions on the trial of an offence arising 
 under an Act to be put in execution by a municipal corporation or a 
 local board of health, or improvement commissioners, or trustees, or 
 any other local authority by reason only of his being as one of several 
 ratepayers, or as one of any other class of persons liable in common 
 with the others to contribute to, or to be benefited bj-, an}" fund to 
 the account of which the penalty payable in respect of such offence 
 is directed to be carried, or of which it will form part, or to con- 
 tribute to any rate or expenses in diminution of which such j)enalty 
 will go." 
 
 The Act 32 and 33 Victoria, c. 23, extended the power of recorders 
 to appoint deputies in certain cases, but it was practically superseded 
 by a larger enactment — 35 and 36 Victoria, c. 86, s. 9.* 
 
 Column 12 of Tables 1 and 2 in this Section does not, by the omis- 
 sion of the mayors, immediate ex-mayors, and recorders, give the 
 possible or actual numerical strength of the corporate magistracy for 
 the present year (1879), but if three (mayor, immediate ex-maj'or, 
 and recorder) be added to the numbers for the quarter sessions 
 cities and boroughs, and two (mayor and immediate ex-mayor) to 
 the cities and boroughs not having quarter sessions, an increase of 
 577 is given, thus bringing the total possible strength to 3,264. The 
 actual strength for 1879 may be stated at 3,170, which is the nearest 
 approach to absolute accuracy that the individual inquiries which 
 have been made permit of. The foregoing abstract of statutes 
 ajjplies in some points to the next Section, commencing on page 149. 
 
 The Tables in this Section have been compiled from the Municipal 
 Commissioners' Reports, several Parliamentary papers, and infor- 
 mation supplied by the Crown Office and the chief officials of each 
 city or borough. 
 
 * See also 40 & 41 Vict. c. 17 (page 162) as to division of Courts.
 
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 00
 
 ENGLISH MUNICIPAL INSTITUTIONS. 149 
 
 SUMMARY AND COMPARISONS. 
 
 Taiu.es 1 AND 2. — Number of Cities and Borou<^hs 
 named therein witli Recorders previous to the 
 passing of 5 and 6 William IV,, c. 76 ... ... 159 
 
 Number of Cities and Borouglis with Recorders under 
 
 the Act in 1879 *96 
 
 Excess of number of ^lagistratcs (including Maj'ors, 
 Recorders, and Ex-Mayors) in 1879 over the number 
 of Magistrates under the ancient constitution ... 2,198 
 
 (7) The Criminal and Civil Jurisdictions. 
 
 The ordinary Criminal Courts of the corporate towns previous to 
 1835 were those of gaol delivery and of general and quarter sessions.! 
 Their jurisdiction was extremely defective, and in some cases totally 
 disproportioned to the importance of the town, or to the probable 
 intelligence and respectability of its magistrates. For example, the 
 borough of Dunwich, in Suft'olk, with a population of 232, had a 
 jurisdiction extending to capital felonies,! whilst the city of Bath, with 
 a population of 50,817, had only a jurisdiction confined to offences cog- 
 nizable at petty sessions. The condition of concurrent or exclusive 
 authority corresponded as little as the extent of the jurisdiction itself 
 with the modern importance of the towns, or with the principles of 
 expediency arising out of their situation, and their means of commu- 
 nication with the seat of county jurisdiction. The grant of exclusive 
 power appeared to have depended entirely on accident or caprice. 
 
 The practice of the Criminal and Civil Courts, the method of 
 summoning and qualifications of jurors, and the mode of payment 
 of prosecution expenses, will be best described in the identical words 
 of the Municipal Commissioners in their report on these points. 
 
 ** The courts of gaol delivery are found in very few plitces ; where they exist 
 they are sometimes held under the charters, without any commission issuing 
 from the Crown. Where no commission issues the magistrates are the sole 
 judges. The time of holding these courts is sometimes discretionarj' with the 
 corporate magistrates, sometimes regulated by the charter, and are, in practice, 
 
 * The ninety-six Eecorderships are now held by ninety persons — one person holding 
 three appointments, and four persons two appointments each. 
 
 f The terms " general sessions '' and " quarter sessions " have frequently been held to 
 imply a " distinction without any practical difference," but that is not strictly so. The 
 term " quarter" is applicable only to those sessions which were, or are held at four even 
 periods within the year. Although the jurisdiction of the general sessions was the same 
 as the quarter sessions, the former were sometimes (and in the case of some of the 
 unreformed boroughs still are) held once, twice, or three times a year only. 
 
 X Most of the ct)rporate courts sent all serious cases to the county sessions or assizes, 
 but some few (Berwick-upon-Tweed, Bristol, Canterbury. Exeter, and Eochester 
 among the number) ret;uned down to 1835, their chartcKd privileges of trying and 
 executing criminals for capital offences.
 
 150 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 opened at the same time as the quarter sessions. The same remark applies to 
 the courts of general sessions.* The borough sessions seldom differ as to the 
 times and manner of holding them from the county quarter sessions." * * * 
 " These (the local civil courts) in general have their origin in particular 
 charters, but occasionally they exist by prescription. They vary considerably 
 with regard to the nature of the actions which they may entertain. In some 
 actions, real, personal, and mixed may be brought, and in general they have 
 cognizance of aU personal actions. The amount for which such actions can be 
 brought is often unlimited (subject to the power of removal), while in several of 
 the courts it is restrained to the recovery of debts under a given sum. Those 
 courts, whose powers are most limited, are confined to suits where the debt or 
 damage does not exceed 40s. In practice, suits for any other cause of action than 
 debts, are seldom instituted in these courts, unless in some of the larger boroughs, 
 where the ordinary kinds of action which occur at assizes are tried. * * * 
 It is only in the civil courts of the larger boroughs that the attendance of a jury 
 is frequently required. * * Frequently not more than two or three 
 actions are Ijrought to trial in the course of a year, although more than a hundred 
 writs may have been sued out." 
 
 " The juries are generally summoned from the inhabitants at large, without 
 strict reference to any qualifications ; sometimes from the freemen alone. In the 
 latter case, the number out of whom they are chosen is often inconveniently 
 small. (At Pontefract the number was 26.) The members of the ruling body 
 sometimes claim an exemption from serving on any of the borough juries ; in 
 other cases the grand jury is summoned exclusively from them. * * In 
 corporate counties the lists are commonly made out by the Sherifis in the usual 
 manner ; in other boroughs they are commonly struck in the office of the town 
 clerk. In some towns one of the judges of the court has the power of striking 
 the jury ; the mayor in several towns iiominates the foreman of the grand jury, 
 and very frequently settles the whole list after it comes from the town clerk' s office. ' ' 
 " In many boroughs no fund is provided for the payment of the expenses of 
 prosecutions ; in some they are paid out of the county rate ; in others out of a 
 borough rate in the nature of a county rate ; in others out of the poor rate." 
 
 The following classification shows the distribution of the criminal 
 and civil jurisdictions previous to 1835. 
 Criminal Jurisdictions (in existence in 1835) : — 
 
 I. — Criminal jurisdictions of Municipal Corporations exclusive of 
 the County Magistrates. 
 
 Number of 
 Boroughs. 
 
 1. Extending to all offences, inclusive of high treason 1 
 
 2. Extending to all felonies ... ... ... ... 41 
 
 3. Extending to all felonies, except murder and man- 
 
 slaughter ... ... ... ... ... ... 1 
 
 4. Extending to all felonies, not aifecting life or member 59 
 
 5. Extending only to misdemeanours ... ... ... 11 
 
 6. Extending (except for committals) only to offences 
 
 punishable in Petty Sessions ... ... ... 11 
 
 124
 
 THEIR GROWTH AN1> DEVELOPMENT. 151 
 
 II. — Criminal jurisdictions concurrent with the County Magistrates. 
 
 1. Extending- to all felonies ... ... ... ... .'j 
 
 2. Extending to all felonies not ali'ecting life or limb 20 
 
 3. Extending only to misdemeanours ... ... ... 2 
 
 4. Extending (except for committal) only to offences 
 
 punishable in Petty Sessions ... ... ... 33 
 
 G7 
 The criminal jurisdiction was obsolete or in abeyance in four 
 boroughs, and thirty-nine corporations were unendowed with a 
 criminal jurisdiction. 
 
 Civil Jurisdictions (in existence in 1835) : — 
 
 I. — Civil jurisdictions of Municipal Corporations in all kinds of 
 actions, " Real, Personal, and Mixed." 
 
 Number of 
 Boroughs. 
 
 1. Extending to actions for any amount ... ... 53 
 
 2. Extending to actions for £100 ... ... ... 1 
 
 3. Extending to actions for £40 ... ... ... 2 
 
 4. Extending to actions for £20 ... ... ... 1 
 
 57 
 II. — Civil jurisdictions only in actions " Personal and Mixed." 
 
 1. Extending to actions for any amount ... ... 7 
 
 2. Extending to actions for £200 1 
 
 3. Extending to actions for £100 ... ... ... 1 
 
 4. Extending to actions for £50 ... ... ... 2 
 
 5. Extending: to actions for £40 ... ... ... 2 
 
 '& 
 
 III. — Civil jurisdictions only in actions " Personal." 
 
 1. Extending to actions for any amount 
 
 2. Extending to actions for £200 
 
 3. Extending to actions for £100 
 
 4. Extending to actions for £6(3 13s. 4d. (100 marks 
 
 5. Extending to actions for £60 
 
 6. Extending to actions for £50 
 
 7. Extending to actions for £40 
 
 8. Extending to actions for £20 
 
 9. Extending to actions for £13 6s. 8d. (20 marks) .. 
 
 10, Extending to actions for £10 
 
 11. Extending to actions for only £2 ... 
 
 13 
 
 20 
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 1 
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 5 
 4 
 2 
 1 
 3 
 
 5 
 
 46
 
 152 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 The civil jurisdiction was obsolete or in abeyance in sixty-nine 
 boroughs, and forty-nine corporations were unendowed with a 
 civil jurisdicton. 
 
 The annexed Table gives the local designations of the various 
 Civil Courts, in existence in 1835 : — 
 
 TABLE 1. (Part IV., Sec. 7.) 
 
 Local Names of Borough 
 Civil Courts. 
 
 Number of 
 Boroughs in 
 
 which so 
 designated. 
 
 Local Names of Borough 
 Civil Courts. 
 
 Number of 
 Boroughs in 
 
 which so 
 designated. 
 
 Bailiffs' Court 
 
 1 
 
 Mayor and Bailiffs' Court 
 
 
 
 Borough Court... 
 
 4 
 
 Mayor and Sheriffs' Court 
 
 1 
 
 Borough mote Court 
 
 2 
 
 Much Court 
 
 1 
 
 Cheney Coiu-t ... 
 
 1 
 
 Passage Court ... 
 
 2 
 
 Civil Court 
 
 1 
 
 Pentice Court ... 
 
 1 
 
 County Court ... 
 
 13 
 
 Pleas Coui-t 
 
 18 
 
 Crownmote 
 
 1 
 
 Portmote Court 
 
 4 
 
 Fen Court 
 
 1 
 
 Provosts' Coiu't 
 
 1 
 
 Foreign Court ... 
 
 2 
 
 P^ecord Court ... 
 
 113 
 
 Fortnight Court 
 Guildhall Court 
 
 2 
 2 
 
 Bequests Court... 
 Sheriffs' Court 
 
 32 
 10 
 
 Hustings Court 
 
 6 
 
 Town Court 
 
 2 
 
 Intrinsical Court 
 
 1 
 
 Tolzey Court 
 
 1 
 
 Mayor's Court ... 
 
 11 
 
 
 
 The references and abstract of statutes in the preceding Section, 
 extending from page 127 to page 132, apply, as previously remarked, 
 to this Section, and should be read in conjunction with it. Some 
 other points however, require to be noticed, more particularly that 
 by which the county justices are excluded from intervening in a 
 borough, and those relating to the prosecution of offenders and 
 liability to serve on juries. 
 
 Within ten days after the grant of a separate court of quarter 
 sessions* to any borough, the council are to send a copy of such 
 
 * The oifences triable at borough quarter .sessions are the same as those of which 
 the county quarter sessions have cognizance, (^see s. 105 of the Municipal Act of 1835.) 
 viz., felonies — with certain limitations — and misdemeanours. The Criminal Code 
 (Indictable Offences) Bill, as amended in Committee (May, 1879) proposes by s. 431, 
 the abolition of the distinction between felony and misdemeanours. 
 
 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 Victoria, 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
 
 THEIR GROWTH AND DEVELOPMEXT. lo3 
 
 grant, sealed with the common seal of the borough, to the clerk of 
 the peace of the county in which it is situated ; and after the grant 
 
 A.s:<izc'S. Mi)iicni i)ul)lic opinion, however, doiiiandeil the aijpiication, to intncate 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 be 
 sought for in the compass of individual magistrates however well informed and upright 
 in purpose. Consequently the Act just referred to was passed. It provided as follows : 
 
 " That after the passing of this Act neither the Justices of the Peace acting in and for 
 
 any County, Hiding, Division, or Liberty, nor the Recorder of any Borough, shall at any 
 Session of the I'eace, or at any adjournment thereof, try any Person or Persons for any 
 Treason, Murder, or Capital Felony, or for any Felony which, when committed by a 
 Person not previously convicted of Felony, is punishable by Transportation beyond 
 the Seas [altered to Penal Servitude by 20 & 21 Vict., c. 3, s. 6] for Life, or for any of 
 the following Offences, (that is to say,) 
 
 1. Misprision of Treason : 
 
 2. Offences against the Queen's Title, Prerogative, Person, or Government, or 
 
 against either House of Parliament: 
 
 3. Offences subject to the Penalties of Pr^munire : 
 
 4. Blasphemy, and Offences against Religion : 
 
 5. Administering or taking unlawful Oaths : 
 
 6. Perjury and Subornation of Perjury : 
 
 7. Making or .suborning any other Person to make a false Oath, Aftirmation, 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 : 
 
 1 1 . Abduction of Women and Girls : 
 
 12. Endeavouring to conceal the Birth of a Child : 
 
 13. Offences against any Provision of the Laws relating to Bankrupts and 
 
 Insolvents : 
 
 14. Composing, printing, or publishing blasphemous, seditious, or defamatory 
 
 Libels : 
 
 15. Bribery: 
 
 16. Unlawful Combinations and Conspiracies, except Conspiracies or Combinations 
 
 to conmiit any Offence which such Justices or Recorder respectively have or 
 has Jurisdiction to try when committed by One Person : 
 
 17. Stealing, or fraudulently taking, or injuring or destroying. Records or Docu- 
 
 ments belonging to any Court of Law or Equity, or relating to any Proceed- 
 ing therein : 
 
 18. Stealing or fraudulently destroying or concealing Wills or Testamentary 
 
 Papers, or any Document or written Instrument being or contiining 
 Evidence of the Title to any Real Estate, or any Interest in Lands 
 Tenements, or Heredittiments :" 
 The 13th sub-clause was repealed by the Act 32 & 33 Vict., c. 62 (The Debtors" Act), 
 and the offences enumerated therein were, by s. 20, deemed to be within the jurisdic- 
 tion of Quarter Sessions Justices and Recorders. The 24 & 25 Vict., c. 96, s. 87, pre- 
 cluded frauds by agents, bankers, or factors in embezzling money or selling securities, 
 &.C., entrusted to them under directions in writing, or chattels, or valuable security held 
 for safe custody or special purposes (the offences of keeping and i)ub!ishing of false 
 accounts and destroying of documents by directors and othcers of jjublic companies are 
 also included) being tried at any court of general or quarter sessions of the peace. 
 
 The sessions of the Central Criminal Court, and tho.^e of Middlesex, London, and 
 Westminster, are subject to various regulations which differ from those previuling in 
 other parts of England.
 
 154 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 of such court to any borough, the county justices are prohibited from 
 assessing the hinds, tenements, or hereditaments within the borough 
 to any county rate thereafter to be made ; but every part of such 
 borough is thenceforward wholly free and discharged from con- 
 tributing, otherwise than as we shall presently mention, to any rate 
 or assessment of any kind, of, and for the county in which any part 
 of such borough is situated ; provided nevertheless that all arrears of 
 rates previously made may be levied. 
 
 With respect to the payment by boroughs of the expenses of prose- 
 cuting prisoners at the assizes, s. 113 of the Municipal Act enacts 
 as follows : — 
 
 "And whereas by an Act made in the seventh year of His late Majesty 
 George IV., intituled ' An Act for improving the Administration of Criminal 
 Justice in England and Wales/ it was enacted that aU sums directed to be paid 
 by virtue of that Act in respect of felonies and misdemeanours therein enume- 
 rated, committed in liberties, franchises, cities, towns, and places which do not 
 contribute to the pajinent of county rate, should be paid as therein is directed ; 
 be it therefore enacted that all sums directed to be paid by virtue of the last 
 recited Act, in respect of felonies and such misdemeanours as aforesaid, com- 
 mitted or supposed to have been committed in any borough in which a separate 
 county quarter sessions of the peace shall be holden, shall be paid out of the 
 borough fund of such borough, anytliing in the said Act notwithstanding, and 
 the order of court shall in every case be dii-ected to the treasurer of such borough 
 instead of to the treasurer of the county." 
 
 Then a subsequent statute (5 & 6 Yict., c. 98, s. 18), after enact- 
 ing that the expense of conveyance, safe custody, &c., of prisoners for 
 offences arising within the borough, sent by the borough quarter 
 sessions to the county gaol, when there is no contract subsisting 
 between such borough and county relative to such prisoners, shall be 
 paid by the council of the borough, proceeds to provide that the 
 expenses of prosecuting such prisoners shall be defrayed by the 
 treasurer of the borough, in the manner directed in the above section, 
 by a rate to be levied for that purpose. The Act further provides — 
 
 " That the treasurer of every county in England and Wales shall keep an 
 account of aU costs arising out of the prosecution, maintenance and punishment, 
 conveyance and transport of all offenders committed for trial to the assizes in 
 such county from any borough in which a separate court of quarter sessions of 
 the peace shall be holden ; and the treasurer of every such county shall, not 
 more than twice in every year, send a copy of the said account to the councd of 
 each of the said boroughs, and shall make an order for payment of the same on 
 the council of such borough ; and the council of every such borough shall 
 forthwith order the same, with all reasonable charges of making and sending 
 such account, to be paid by the treasurer of such county out of the borough 
 fund ; and in case any diiference shall arise concerning the said account, it shall 
 be decided by the arbitration of a barrister to be named, as is provided in the
 
 THEIR GROWTH AND DEVELOPMENT. 155 
 
 case of diflbrences with respect to the payment of moneys under contracts made 
 by authority of an Act made in the fifth year of His late Majesty George IV., 
 intituled ' An Act for amending an Act of the last Session of Parliament, relat- 
 ing to the building, repairing, and enlarging of certain Gaols and Houses of 
 Coi-rection, and for procuring iiifonnatitm as to the state of all other Gaols and 
 Bouses of Correction in England and "Wales : ' provided that nothing herein 
 contained shall be construed to alter or restrain the powers given by the last 
 mentioned Act of contracting with the justices of the peace, having authority or 
 jurisdiction in and over any gaol or house of correction of the county wherein or 
 where such borough is situated, or whereto it is adjacent, for the conveyance, 
 support or maintenance in such last mentioned gaol or house of correction of 
 persons committed thereto from such borough, save only that aU such powers 
 shall, after the first of May, 1836, be vested in the council of such borough in 
 the name of the body corporate, whose council they are, and in none other; and 
 for the purpose of making such contracts as aforesaid, the council of such 
 borough, and none other, shaU have power to make the orders required by the 
 said last mentioned Act to be made by the justices of the borough at the 
 boroiigh sessions."* 
 
 The expenses to be cliarg-ed on a borough having separate quarter 
 sessions are to be estimated upon a calculation of the proportion 
 which the expense of each prisoner bears to the total expenses of the 
 gaol, and are not to be limited to the direct expenses incurred in 
 respect of the individual prisoner. The council may contract for 
 committing prisoners to the gaol of another borough, if there be 
 sufficient accommodation, t^c, in it, and the county justices may 
 contract with the council of a borough in which there is a sufficient 
 gaol for the committal of county prisoners thither.* Lastly, it is 
 enacted — 
 
 " That the treasurer of every county in England and Wales shall keep an 
 account of all sums of money received in aid or on account of the county rate, 
 and of the sums of money expended out of the county rate for other purposes 
 than the costs arising out of tlie prosecution, maintenance and punishment, con- 
 \'eyance and transport of oflondei-s committed for trial in such county, and in the 
 case of boroughs having a separate court of quarter sessions of the peace other 
 than that of coroner's inquests, and shall, not more than twice in every year, send 
 a copy of the said account to the council of every borough situate witliin such 
 county in which a separate court of quarter sessions of the peace shall be holden, 
 and which, before the passing of the said Act, intituled * An Act to settle and 
 describe the Divisions of Counties, and the Limits of Cities and Boroughs, in 
 England and Wales, so far as respects the election of INIembers to serve in Parlia- 
 ment,' was chargeable wiih, or liable to contribute in whole, or in part to, the 
 county rate of such county, and shidl make an order on the council of every 
 such borough for the payment of such proportion of such sum as would have 
 been chargeable, after deducting all sums of money received in aid of the county 
 
 * These provisions of the Act of 1835 have, however, undergone material alteration 
 by subsequent legislation, and especially by the Prisons Act, 1877.
 
 156 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 rates as aforesaid, if this Act had not passed, upon such boroughs, as the 
 same shall be bounded, according to the provisions of this Act ; and the council 
 of such borough shall forthwith order the same, with all reasonable charges of 
 making and sending the said account, to be paid to the treasurer of such county 
 out of the borough fund : Provided that in case any difference shall arise con- 
 cerning the last mentioned account, it shall be decided by the arbitration of a 
 barrister to be named, as is provided in the case of differences with respect to 
 the payment of moneys under contracts made by the authority of the said Act 
 (5 Geo. IV., c. 85)." 
 
 As to jurors the Act provides that every burgess of a borough 
 wherein there is a separate court of quarter sessions of the peace or 
 a court of record for the trial of civil actions (unless he be exempt 
 or disqualified from serving on a jury otherwise than in respect of 
 property under 6 Geo. lY., c. 50)* is qualified and liable to serve on 
 grand and petty juries in such borough both at the quarter sessions 
 and in the court of record. The clerk of the peace is to give ten 
 days' public notice at least of the holding of the court of quarter 
 sessions, and is at least seven days before to summon a sufficient 
 number of grand jurors. The clerk of the peace and the registrar 
 of tlie court of record are respectively to summon not less than 
 thirty-six nor more than sixty persons to serve as petty jurors at the 
 court of quarter sessions, or as jurors in the court of record (in case 
 there is any cause to be tried at the sitting of the last mentioned 
 court). In case a juror duly summoned does not attend in pursuance 
 of his summons, the court is empowered (unless some reasonable 
 
 * The persons disqualified under this Act from serving on juries are the following : — 
 Aliens, unless the jury be de medietate linguce ; persons attainted of treason or felony, 
 or of any crime that is infamous, unless they have obtained a pardon ; persons outlawed 
 or excommunicated ; and women, unless on a writ de ventre insjjiclendo (this liability 
 is proposed to be abolished by the Criminal Code Bill). Those who are merely 
 exempted from ser\ing 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 clergy- 
 men; Serjeants, and barrii<ters-at-law actually practising; doctors and advocates of the 
 civil law actually practising; attorneys and proctors duly admitted and actuallj' 
 practising in the courts of law or equity, or in the ecclesiastical or Admiralty courts, 
 who have taken out their annual certificates ; officers in any of these courts actually 
 executing the duties of their offices; coroners, gaolers, and kee23ers of houses of 
 correction; members and licentiates of the Royal College of Physicians in London 
 actually practising; surgeons who are members of one of the Royal Colleges of 
 Surgeons, in London, Edinburgh, or Dublin, and actually practising; apothecaries 
 certificated by the court of examiners of the Apothecaries' Company, and actually 
 practising ; officers of the army and navy on full pay ; pilots licensed by the Trinity 
 House of Deptford, Hull, or Newcastle; masters of ships in the buoy and light service; 
 and pilots licensed by the lord warden of the Cinque Ports, or imder 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.
 
 THEIR GROWTH AND DEVELOPMENT. 157 
 
 excuse be proved) to impose upon him such fine as it shall think fit. 
 This fine, unless duly paid, may be levied by order of the court by 
 distress and sale of the juror's goods, the amount being paid over to the 
 borough fund. No person is to be summoned to serve as a juror at the 
 sessions or at the court of record oftener than once a year, unless* 
 all persons liable to serve have been summoned once during the year. 
 Members of the council, justices of the peace for any borough, and 
 the treasurer and the town clerk thereof, are exempt and disqualified 
 from serving on any jury within the borough, and are exempt from 
 serving on any jury in the county in which such borough is situated. 
 Burgesses of boroughs which have a court of quarter sessions are 
 also exempt from serving at county quarter sessions. All cliartered 
 exemptions from serving on juries in any borough are, however, 
 abolished. 
 
 With respect to borough courts for the trial of civil actions, the 
 Act provides in substance that these courts, whether existing by 
 virtue of charter or custom, should continue to be holden as before, 
 and that the council should have power to appoint the judge. The 
 alterations made were confined to a few minor particulars, chiefly 
 required to carry out the purposes of the statute. These courts have 
 authority to try actions of assumpsit, covenant, and debt, whether 
 the debt be by speciality or on simple contract ; and all actions of 
 tresj)ass or trover for taking goods and chattels, provided the sum or 
 damages sought to be recovered does not exceed £20 ; and all actions 
 of ejectment betAveeu landlord and tenant wherein the annual rent of 
 the premises of which possession is sought to be recovered does not 
 exceed ±'20, and upon which no fine has been reserved or made 
 payable. They cannot, however, try any action wherein the title to 
 land, whether freehold, copyhold, or leasehold, or to any title, toll, 
 market, fair, or other franchise is in question, unless they had 
 authority to do so before the passing of the Municipal Corporations 
 Act. The council are to appoint the registrar of such court, except 
 when the town clerk acts in that capacity, and such other ofiicers and 
 servants as are necessary for carrying on the business and executing 
 the proceedings of the court. No registrar or other officer of the 
 court is by himself or any partner, or by his or their clerks, to 
 practise as an attorney in such court.f It was anticipated at the time 
 of the passing of the Act of 1835 that there would be a revival of the 
 
 * See 7 Will. IV., and 1 Vic, c. 78, s. 36. 
 
 t With respect to the practice of these courts of record, the result of the several 
 enactments which have from time to time been passed on the subject seems to be that 
 every judge of such court may from time to time make, alter, and revoke such rules
 
 158 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 civil courts and jurisdictions then in abeyance, but the establishment 
 of new county courts by the 9 & 10 Vict c. 95 (with their inexpensive 
 procedure and the extensive powers conferred on them by recent 
 Acts) have almost completely annulled the various jurisdictions 
 detailed at page 151, Only eighteen out of the 178 cities and 
 boroughs scheduled in the Act of 1835 are now included in the 
 annual Judicial Returns with respect to their civil jurisdiction, and of 
 that number not more than a dozen [vide Table 2 of this Section) can 
 be said to have a publicly-recognised existence. At unfrequent in- 
 tervals 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, that the fact is hardly known outside the precincts of the court. 
 The few tribunals which can boast an uninterrupted practice since 1835 
 have in a certain measure been reconstituted, and raised from the 
 state of inefficiency and disorder into which they had fallen previous 
 to that year, with the result of their now enjoying a deserved 
 popularity with litigants such as distinguishes the Mayors' Court 
 of London. 
 
 By the Municipal Corporations Act the council of every borough 
 are authorised and empowered to settle and from time to time to 
 alter (subject in each case to the confirmation of one of the secre- 
 taries of state) a table of the fees to be taken by the clerk of the 
 peace, the magistrates' clerk, and the registrar of the court of 
 record ; and the town clerk is to cause a true copy of this table to be 
 hung up in a conspicuous part of the room in which the business of 
 his office is transacted, in the room where the borough justices sit for 
 transacting their business, and in the rooms respectivel}^ in which 
 the court of quarter sessions and the court of record are held. 
 
 When by any Act any penalties or forfeitures are or shall 
 hereafter be made recoverable in a summary manner before any 
 justice or justices of the peace, and by such Acts respectively the 
 
 for appointing the times for holding such court (provided that it shall be held for the 
 trial of issue of fact and of law four times in each year, and with no greater interval 
 between the holding of any two successive courts than four calendar months), for 
 regulating the forms and manner of proceeding, the process, appearance, practice, and 
 pleading in such courts, and for settling the reasonable fees of the attorneys of the 
 court for business transacted therein, with a view to conducting the business of the 
 court with most convenience and at the smallest reasonable expense ; such rules, or any 
 order revolving or altering such rules, only to be in force upon being allowed and 
 confirmed by three of the judges of the superior courts at Westminster. It would also 
 seem that these 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 Gi-ant on Corporations, page 461.)
 
 THEIR GROWTH AND DEVELOPMENT. 109 
 
 same sliall be limited and made payable to Ilis Majesty, or to any 
 body corporate, or to any person whomsoever, save and except the 
 informer who shall sue for the same, or any party aggrieved, then in 
 every such case such penalties, if recovered before a justice of a 
 borough in which a court of quarter sessions is holden, shall, 
 notwithstanding anything contained in such Acts, be paid to the 
 borougli treasurer on account of the borough fund. Tliis enactment, 
 however, does not extend to penalties or forfeitures recovered under 
 any Act relating to the customs, excise, or post-office, or to trade or 
 navigation, or any branch of tlic revenue. These must be appro- 
 priated to the purposes, or paid over to the person or institution, 
 named in the Act under which they are imposed. 
 
 Prosecutions for all offences punishable by summary conviction 
 under the Act of 1835 must be commenced within three calendar 
 months after the commission of the offence, and not otherwise. The 
 borough justices are empowered to summon witnesses to give 
 evidence touching any offence against the Act ; and if such witnesses 
 do not attend, they may be fined in a sum not exceeding £5. No 
 person is incompetent as a witness because he is liable to be rated to 
 the borough rate. Penalties are to be made payable either imme- 
 diately or within such period as the justices think fit. If not paid, 
 they are to be levied by distress upon the goods and chattels of the 
 offender ; and if no sufficient distress be found, he is to be imprisoned 
 in the house of correction for any term not exceeding one calendar 
 month when the penalty does not exceed £5, and for any term not 
 exceeding two calendar months in any other case; the imprisonment 
 to cease in each case upon payment of the sum due. Any person 
 who feels aggrieved by a summary conviction under the Act may 
 appeal to the next court of general or quarter sessions of the peace 
 to be holden not less than twelve days after such conviction for the 
 county or the borough wherein the cause of complaint shall have 
 arisen. AVritten notice of the appeal must, however, be given to the 
 complainant within three days after conviction, and seven clear days 
 at least before such sessions. No conviction, order, warrant, or other 
 matter, made or purporting to be made by virtue of the Municipal 
 Corporations Act, is to be quashed for want of form, or be removed 
 by certiorari, or otherwise, into any of the superior courts at 
 Westminster. Provision is also made for preventing any warrant of 
 commitment, or any proceedings for levying a distress, being 
 rendered invalid on the gi'ound of informality. 
 
 The civil duties discharged by a court of County Quarter Sessions 
 (such as sanitary, police, highway regulations, &c.,) are thrown upon
 
 160 ENGLISH MUNICIPAL INSTITUTIOKS ; 
 
 the council in boroughs where a separate police force is maintained, 
 or where the council act as the sanitary authority. 
 
 The Act 7 William IV. & 1 Victoria, c. 19, enacts that whenever 
 it appears to the recorder or other person presiding at quarter sessions 
 that they are likely to last more than three days, he is authorised to 
 form a second court and appoint a barrister of not less than five 
 years' standing to preside therein. But this power is not to be 
 exercised unless it has been previously certified to the recorder under 
 the hand or hands of the mayor or two of the aldermen that the 
 council have resolved that it is expedient this should be done, nor 
 unless the name of the barrister so appointed shall have been 
 previously submitted to and approved by the secretary of state. Such 
 assistant barrister is to have ten guineas a day while he thus presides 
 in the second court ; the assistant clerk of the peace and assistant 
 crier (who are also to be appointed) are to have respectively two 
 guineas and half a guinea per diem ; but none of them are to be 
 entitled to claim remuneration for more than two days.* 
 
 The Act 2 & 3 Victoria, c. 27, enabled the judges of courts of re- 
 cord in boroughs to make rules as to the times of holding, and forms of 
 practice in such courts. These rules are not, however, to be of any 
 force until they have been confirmed by three judges of the superior 
 courts ; nor are they to provide for holding the said courts of record 
 seldomer than four times a year. 
 
 The Act 12 & 13 Victoria, c. 18, which is intituled 'An Act for the 
 holding of petty sessions of the peace in boroughs, and for providing 
 places in counties and boroughs,' provides that every sitting and 
 acting of justices of the peace, or of a stipendiary magistrate in and 
 for any city, borough, or corporate town, having a separate com- 
 mission of the peace, at any police court, or other place appointed in 
 that behalf, shall be deemed a petty sessions of the peace, and the 
 district within which the same shall be holden shall be deemed a 
 petty sessional division within the meaning of any Acts of Parlia- 
 ment having relation to such petty sessions, or to any business to be 
 transacted thereat. The councils of boroughs are authorised to 
 provide places for holding petty sessions, or to agree for the use of 
 the coimty court for this purpose. 
 
 The Act 13 & 14 Victoria, c. 91, provides that the justices of any 
 borough which has its own gaol or house of correction may commit 
 for safe custody to such gaol or house of correction for trial at the 
 assizes to be holden for the county in which such city or borough 
 
 * But see 40 and 41 Vict., c. 17 (page 162), which extends the period to four days.
 
 THEIR GROWTH AND DEVELOPMENT. 161 
 
 may be situated any person charged before them with any offence, 
 except murder, committed within the limits of such city or borough 
 triable at such assizes. Persons charged with murder must still be 
 committed to the county gaol. And prisoners committed to the 
 borough gaol must be removed to the county gaol previous to their 
 trial. The expenses of such prisoners so removed to the county gaol 
 are to be calculated as provided by 5 & 6 Vict., c. 98. In cases of 
 conviction at the assizes for offences committed within the limits of 
 a city or borough maintaining its own gaol, the court may commit 
 the offender to such gaol for the execution of his sentence. This Act 
 also contains a provision giving the borough justices the same juris- 
 diction, with respect to all offences committed and matters arising 
 within the borough, as the justices of the county in which such city 
 or borough is situate have under or by virtue of any local or general 
 Act of Parliament.* 
 
 The Act 31 & 32 Victoria, c. 22 s. 3, enacts that local authority means 
 — in any county, ports, liberty or division of county having a separate 
 commission of the peace, the justices in quarter sessions assembled ; 
 in any borough having a separate commission of the peace, the council 
 of the borough. The fourth section provides that two or more local 
 authorities may, with the approval of one of Her Majesty's principal 
 secretaries of state, contract that a place for the holding of petty 
 sessions by each of sucli authorities shall be provided at the joint 
 expense of such authorities in such manner and proportions as in the 
 said contract mentioned. Bv s. 5, when anv local authority is in 
 possession of a convenient building for holding petty sessions, or for 
 transacting business authorised by any Act of Parliament to be per* 
 formed by justices out of petty sessions, any neighbouring Ineal 
 autliority may contrac-t with such former authority for the use by 
 themselves of such building for such purposes, or any of them, and 
 may use the same accordingly. Section 6 gives power to local 
 authorities to contract for lock-up houses. By s. 7, contracts may 
 include cost of conveyance. Section 8 directs petty sessional houses and 
 lock-ups to be deemed within the jurisdiction of contracting local 
 authorities. By s. 9, expenses are to be raised and defrayed as if 
 they had been incurred in relation to the subject matter of such con- 
 tracts by and within the jurisdiction of the authority which has con- 
 tracted to pay the same. Section 11 empowers a local authority to 
 form a committee of its own members and others in order to carry 
 out the provisions of the Act. 
 
 * The Prisons Act, 1877, varies, to a certain extent, the procedure under the 
 provisions of this Act. 
 
 M
 
 162 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 The Act 35 & 36 Victoria, c. 86, empowers Her Majesty from time 
 to time by an order in council to direct all or any part of the pro- 
 visions of an Act passed in the first and second years of His late 
 Majesty King William the Fourth, intituled 'An Act to enable 
 courts of law to give relief against adverse claims made upon persons 
 having no interest in the subject of such claims,' and of certain pro- 
 visions set forth in the schedule to this Act, shall apply to all or any 
 local court or Courts of Record in England or Wales. 
 
 The Act 40 & 41 Victoria, c. 17, amended the Act 7 William IV., 
 and 1 Victoria, c. 19, by providing that the resolution and certificate 
 of the council as to the expediency of dividing the courts of quarter 
 sessions, should continue in force twelve months from the date 
 thereof, and that the time for claiming remuneration should be ex- 
 tended from two to four days. 
 
 The Tables in this Section have been compiled from the Report of 
 the Municipal Commissioners and information supplied by the chief 
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 ENGLISH MUNICIPAL INSTITUTIONS. 185 
 
 SUMMARY AND COMPARISONS. 
 
 Tables 2 & 3. — Cities and Boroughs set out therein with a 
 
 Quarter Sessions jurisdiction in 1879 ... ... ... 97 
 
 Cities and Boroughs set out therein which have a Commission 
 
 of the Peace only in 1879 99 
 
 Cities and Boroughs set out therein where the Mayor and 
 Ex-Mayor are the only Borough Magistrates, and the 
 County Magistrates have an active concurrent jurisdiction 44 
 
 Excess of exclusive jurisdictions in 1835 compared with 1879 10 
 
 (8.) The Police and Criminal Statistics. 
 
 The police organization of the corporate towns, previous to 1835, 
 was in the most deplorable condition. Few of the corporations had 
 under their direction other than the leet constables, and where a 
 police worthy of the name did exist, it was invariably under the 
 control of an independent body, acting in avowed rivalry with the 
 undisciplined corporate officials, and owing its authority to local Acts 
 of Parliament. In some towns the evils resulting from the want of 
 a well organized system were attempted, unsuccessfully, to be 
 obviated by the appointment of privately-paid watchmen. Generally 
 speaking, the municipal police may be said to have been wretchedly 
 insufficient and ineffective. 
 
 The almost unexceptional absence of uniformity in the ancient 
 police arrangements, and the non-existence of criminal statistics for so 
 early a date as 1835, render a tabular comparison of any value, in this 
 Section, out of the question. The character of the old police organiza- 
 tions of such of the cities and boroughs as are now governed under 
 the Act of 1835, are therefore set out in a separate form, as follows : — 
 
 CiTiBs AND Boroughs. 
 
 The Akcibnt Police Okganizations. 
 
 Aberystwith 
 Abingdon 
 
 Andover 
 
 Arundel ... 
 
 Ashton-ii n der- 
 
 Lyne 
 Banbury ... 
 
 Six constables of leet held before the mayor ; one paid by 
 
 tlie paris}i. 
 Three tithingmen, appointed by justices and sworn at leet ; 
 
 and watchmen appointed by conoimissioners under local 
 
 Act. 
 Two corporation constables ; and night-watch appointed 
 
 by commissioners under local Act. 
 Two constables elected from inhabitants in rotation by 
 
 lord's leet ; service by paid deputy. 
 Head constables and assistants annually appointed for town's 
 
 division and police force, under Acts 7, 8, & 9, Geo. IV. 
 Five constables appointed by corporation ; street-keejier 
 
 and watclimen, by commissioners under local Act, in- 
 cluding corporation.
 
 186 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 TABLE 1. (Part IV., Sec. S.)— continued. 
 
 Cities ajtd Boroitghs. 
 
 The Ancient Police Obganizations. 
 
 Barnstaple 
 
 Twelve constables appointed by mayor from resident 
 
 
 householders. 
 
 Basingstoke 
 
 Two constables ; watchmen appointed by paving com- 
 
 
 missioners. 
 
 Bath 
 
 Under three police boards of commissioners. 
 
 Beaumaris 
 
 Serjeants-at-mace and six constables appointed by cor- 
 
 
 poration. 
 
 Beccles 
 
 Four parish constables. 
 
 Betlf ord ... 
 
 Mayor's serjeant and fifteen other constables, including 
 
 
 bellman, beadle and governor of the poor-house. 
 
 Berwick-upon- 
 
 High constable and six others appointed at leet court ; 
 
 Tweed 
 
 no night-watch. 
 
 Beverley 
 
 Serjeants-at-mace, and eighteen constables — two for each 
 
 
 ward ; seven watchmen with assistant constables for 
 
 
 night police under commissioners of Watching and 
 
 
 Lighting Act. 
 
 Bewdley 
 
 Four constables appointed by magistrates ; no night 
 
 police. 
 Seventeen constables, including the cliief constable, ap- 
 
 Bideford 
 
 
 pointed annually by mayor. 
 
 Blandford 
 
 No watch ; two constables yearly appointed by baUiflf. 
 
 Bodmin ... 
 
 Four constables appointed at leet by mayor. 
 
 Boston 
 
 Chief and eleven petty constables appointed by magis- 
 
 
 trates ; watchmen under local commissioners. 
 
 Bridgnorth 
 
 Cliief constable and six petty constables appointed at 
 
 
 court leet ; no night watch. 
 
 Bridgwater 
 
 Thirty-four constables annually appointed by council; 
 
 
 pro-^asion for watching under local Act not availed of. 
 
 Brecon 
 
 Two serjeants-at-mace, and twenty-four leet constables ; 
 
 
 unpaid. 
 
 Bridport ... 
 
 Two leet constables and a watcliman. 
 
 Bristol 
 
 Twelve policemen. 
 
 Buckingham 
 
 Eight constables appointed by bailiff ; subscription watch- 
 
 Bu rt on- u pen- 
 
 men. 
 Tliree leet constables, and six assistants. 
 
 Trent 
 
 
 Bury St. Edmund's 
 
 Two chief police officers ; night-watchmen under commis- 
 
 
 sioners. 
 
 Calne 
 
 Borough constable and town constable, chosen by 
 
 
 corporators and hundred jury. 
 
 Cambridge 
 
 Constables annually appointed by the parishes. 
 
 Canterbury 
 
 Twelve constables appointed at the leets of the different 
 
 
 wards, by the several aldermen, one from list of house- 
 
 
 holders furnished by the constable of ward ; nine watch- 
 
 Cardiff 
 
 men. 
 Cliief constable or police officer appointed by bailifis and 
 
 
 paid by corporation ; twelve constables appointed by 
 
 
 constable of castle from list returned. 
 
 Cardigan 
 
 Four leet constables. 
 
 Carlisle 
 
 Constables for respective townships ; small police force 
 
 
 under local Act. 
 
 Carmarthen 
 
 Chief and twelve petty constables, appointed by magis- 
 
 
 trates. 
 
 Chard 
 
 Leet constable unpaid ; watchmen paid by subscription.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 187 
 
 TABLE 1. (Part IV., Sec. 8.) — continued. 
 
 Cities and Boroughs. 
 
 Chester ... 
 Cliesterfiekl 
 Chichester 
 
 Chippenham 
 Chipping Norton 
 Chipping Wycombe 
 
 Clitheroe ... 
 
 Congleton 
 
 Coventry ... 
 Dartmoutli 
 
 Daventrj' ... 
 
 Deal 
 
 Denbigh ... 
 Derby 
 Devizes 
 Doncaster. . . 
 
 Dorchester 
 Dover 
 
 Droit wich... 
 Durham ... 
 
 East Retford 
 Evesham ... 
 Exeter 
 
 Eye 
 
 Falmouth... 
 
 Faversham 
 
 Flint 
 Folkestone 
 
 Glastonbury 
 Gloucester 
 
 Godalming 
 
 Godmanchester 
 
 Grantham 
 
 Grimsby ... 
 
 Guildford . . . 
 
 Thb Akcibitt Police Ohganizatiows. 
 
 Unpaid ward constables nominated by mayor. 
 
 Five constables. 
 
 Eleven constables appointed by steward at leet, from 
 
 householders, one for each ward ; city watch under local 
 
 Act, by four watchmen. 
 Watchmen and police othcer, paid by subscription. 
 Constables appointed and paid Ijy the parish. 
 Four constables and four tithingmen appointed by court- 
 
 leet ; two watchmen under local Act. 
 Constable appointed at court-leet, and an assistant by 
 
 magistrates. 
 Leet constables ; special peace officers ; watchmen under 
 
 local Act. 
 One chief, and sixty to eighty ordinary constables. 
 Twelve constables and two serjeants-at-mace, appointed 
 
 by mayor and council. 
 Two constables and three headboroughs appointed by 
 
 lord of manor, under control of magistrates. 
 Twenty-three constables, householders, appointed by 
 
 justices ; watchmen, by Paving Act Commissioners. 
 Superintendent and twelve to fifteen constables. 
 High constable and six petty constables. 
 Two constables ; police under local board. 
 Gaoler, under-gaoler, two serjeants-at-mace, street-keeper 
 
 and mai'ket policeman ; twenty-one constables for seven- 
 teen wards. 
 Watchmen. 
 Twenty-uine constables appointed for several wards ; three 
 
 day policemen ; nine night watclimen. 
 Constables sworn in by burgesses ; two serjeants-at-mace. 
 Four constables annually chosen by corporation; four 
 
 peace officers under Paving and Lighting Act. 
 Two serjeants-at-mace and ten constables. 
 Constables from each parish appointed by mayor. 
 Serjeant-at-mace and forty-six constables ; appointed 
 
 annually by common council. 
 Serjeants-at-mace ; seven constables. 
 Four constables appointed by maj-or ; no watch. 
 A leet constable and a borsholder, appointed yearly at 
 
 court leet, juiy presentment, from resident householders ; 
 
 watchmen appointed by Pavement Act Commissioners. 
 Four leet constables. 
 Eighteen constables appointed by grand jury at yearly 
 
 sessions. 
 Watchmen and beadle. 
 Twelve constables appointed at court-leet, from six wards 
 
 of city, night- watclimen appointed under local Act. 
 Leet constable and watchmen. 
 Two constables ; watch paid by subscription. 
 Ten constables appointed for each ward, parish and town- 
 ship by the alderman's court and the magistrates. 
 Chief and three petty constables ; appointed by magis- 
 trates and leet jury. 
 Constables only ; appointment of housekeepers at leet.
 
 188 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 TABLE 1. (Part IV., Sec. 8.)— continued. 
 
 CiTiBS AND Boroughs. 
 
 Hartlepool 
 Harwich . . 
 Hastings . . 
 
 Haverfordwest 
 
 Hedon 
 Helston . . . 
 Hereford ... 
 
 Hertford ... 
 
 Huntingdon 
 
 Hythe 
 
 Ipswich . . . 
 
 Kendal 
 
 Kidderminster 
 
 Kingston-upon 
 
 HiiH 
 Kingston-upon 
 
 Thames 
 Lancaster ... 
 
 Launceston 
 Leeds 
 
 Leicester ... 
 
 Leominster 
 Lichfield . . . 
 
 Lincoln . . . 
 
 Liskeard ... 
 Liverpool . . . 
 
 Llandovery 
 Louth 
 Ludlow . . . 
 Lyme Regis 
 
 The Akcient Police OfiGiNizATioNs. 
 
 Two constables ; annual appointment. 
 
 One high constable and twelve petty constables. 
 
 Serjeants-at-mace, and twenty-four constables sworn at 
 hundred court, under local Act ; two parishes and 
 part of a third regulated by commissioners ; two 
 other pai'ishes by commissioners under Act for St. 
 Leonard's. 
 
 Two high and fourteen petty constables, appointed at 
 sessions. 
 
 Five constables, including the serjeant-at-mace. 
 
 Four constables appointed by justices. 
 
 Two chief and four petty constables for each ward, 
 annually appointed by magistrates from names given 
 by otitgoing constables ; watchmen under paving and 
 lighting commissioners. 
 
 Two serjeants-at-mace, seven constables, two watchmen 
 and two patrols. 
 
 Watchmen and four parish constables. 
 
 Six constables nominated by grand jurj^, (fee. 
 
 Parish constables. 
 
 Constable and day policeman. 
 
 Two constables ; appointed by bailiff from year to year. 
 
 Forty-four constables appointed by mayor ; seventy-two 
 watchnien under local Act. 
 
 Two high constables ; three constables ; three watchmen 
 and fourteen headboroughs and constables. 
 
 Two constables appointed by borough magistrates ; sub- 
 scriptions for private watchmen. 
 
 Serjeants-at-mace and four constables appointed by mayor. 
 
 Chief constable and five assistants ; seventy watchmen 
 and patrol for winter ; (reduced number for summer). 
 
 Chief constable ; thirty constables or headboroughs for 
 particular wards, and from thirty-seven to forty general 
 constables ; annually appointed by magistrates. 
 
 Two serjeants-at-mace and twelve constables ; three 
 watchmen maintained by subscription. 
 
 Nineteen constables called "dozener"; appointed by 
 different wards for the whole city ; police officers by 
 corporation ; and two high constables by burgage-holders. 
 
 Watchmen, superintendents, and inspectors appointed 
 under local Act. 
 
 Four constables, appointed by mayor. 
 
 Police force numbering 130 of all ranks, and constabulary 
 force numbering 53, under the control of the corpora- 
 tion, and paid by them. A separate police force num- 
 bering 155 of all ranks was maintained by the Dock 
 Estate Trustees. 
 
 Six constables ; appointment of one for each of the six 
 wards by the bailiff. 
 
 Unpaid constables appointed by magistrates ; and three 
 policemen under local Act. 
 
 Chief and eight leet constables ; serjeants-at-mace ; watch- 
 men paid by subscription. 
 
 Four constables and hayward.
 
 THEIR GROWTH AM) DEVELOPMENT. 
 
 189 
 
 TABLE 1. (Part IV., Sec. 8.) — continued. 
 
 Cities asd Bououghs. 
 
 TnK A.vciE.NT Police Oboanizatioxs. 
 
 Lymington 
 
 Lynn 
 
 Maidenhead 
 Maidstone 
 
 Maldon 
 
 Marlborough 
 
 Monmouth 
 
 Morpeth 
 
 Neath 
 
 Newark ... 
 
 Newbury ... 
 
 N e w c a s tle-under- 
 
 Lyne 
 Newcastl e-upon- 
 
 Tyne 
 
 Newport (I. of W.) 
 Northampton 
 Norwich ... 
 Nottingham 
 
 Oswestry ... 
 Oxford 
 
 Pembroke... 
 
 Penryn 
 
 Penzance ... 
 
 Plymouth ... 
 
 Pontefract 
 
 Poole 
 
 Portsmouth 
 
 Preston ... 
 Reading ... 
 
 Richmond (Yorks.) 
 
 Ripon 
 
 Two leet constables ; watchmen appointed by the parish, 
 
 under Police Acts. 
 Two constables appointed by aldermen for each ward ; six 
 
 corporate officers. 
 Two constables ai)pointed and paid by the corporation. 
 Constable annually appointed by justices, from present- 
 ment of persons by leet jury. 
 Seveu constables appointed and paid by parishes. 
 Two high, aiKl five ordinary constables, appointed by 
 justices at borough quarter sessions. 
 
 Serjeants-at-mace and beadles ; cliief and nine petty 
 constables — appointed by magistrates. 
 
 Four constables. 
 
 Six constables appointed by portreeve from twelve bur- 
 gesses. 
 
 Chief constable, two policemen, twenty-four petty con- 
 stables, besides serjeant's-at-mace and beadle. 
 
 Commissioners under Local Act appointed suijcrintendent 
 and watchmen ; corporation court leet appointed two 
 constables and a titliingnian for each street. 
 
 High constable and four ordinary constables appointed 
 by magistrates. 
 
 Seven serjeants-at-mace, and eighty constables ; night- 
 watch under local Act^twenty-four watchmen and four 
 night constables. 
 
 Two high constables and potty constables, indefinite in 
 number, ap])ointed by mayor, on selection of town clerk. 
 
 High constable and twenty-three headboroughs and ordi- 
 nary constables appointed by aldermen. 
 
 Two constables elected for each ward by the assembly ; 
 watchmen under Paving Act. 
 
 One hundred constables appointed by magistrates at 
 sessions ; nominally for distinct wards — in practice for 
 the whole town. 
 
 Sixteen ward constables. 
 
 University claimed the privilege of night watch ; city 
 appointed peace constables. 
 
 Eight constables appointed by mayor. 
 
 Town Serjeants and six constables. 
 
 Four constables appointed by corporation. 
 
 Constables assigned to each district. 
 
 Nine petty constables. 
 
 Four constables, variously appointed ; watchmen under 
 local Act. 
 
 One high and an indefinite number of petty constables ; 
 appointed by magistrates at (quarter sessions. 
 
 Superintendent and ten policemen under local Act. 
 
 Thirteen watchmen witli otlier constables appointed by 
 mayor. 
 
 Six constables chosen by mayor and burgesses; a paid 
 establishment under joint management of magistrates 
 and vacant committee comprised superintendent and 
 three constables. 
 
 Seven constables ; two night watciunen.
 
 190 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 1. (Part IV., Sec. 8.)— continued. 
 
 Cities and Boroughs. 
 
 The Ancient Police Oeganizations. 
 
 Rochester ... 
 Romsey ... 
 Rutliin 
 
 Rye 
 
 Salisbury ... 
 
 Sandwich ... 
 
 Scarborough 
 
 Shaftesbury 
 
 Shrewsbury 
 
 Southampton 
 
 South Molton ... 
 Southwold 
 Stafford 
 
 St. Alban 
 
 Stamford ... 
 
 St. Ives 
 
 Stockton ... 
 
 Stratford- upon- 
 
 Avon 
 Swansea ... 
 
 Tamworth 
 
 Tenby 
 
 Tenterden 
 Tewkesbury 
 
 Thetford 
 
 Tiverton ... 
 
 Torrington 
 
 Totnes 
 Wallingf ord 
 
 Two constables elected by resident freemen from their 
 
 own number. 
 Two serjeants-at-mace, two constables, and three tithing- 
 
 men. 
 Crier ; four Serjeants ; four constables ; three lordship 
 
 bailiffs. 
 Four constables annually appointed by justices, from 
 
 householders, presented by previous constables ; two 
 
 watchmen. 
 Four high and thirteen petty or sub-constables under 
 
 local Act ; day and night watch. 
 Twelve constables and twelve deputy constables, appointed 
 
 yearly by justices from householders. 
 Ten constables. 
 Common constables. 
 Three serjeants-at-mace and three Serjeants yeomen ; 
 
 fourteen ordinary constables for towns and suburbs ; 
 
 about sixty constables for the whole of the borough 
 
 liberties. 
 Four constables elected by self-elect from lists by retiring 
 
 officers ; watchmen, in sunmier and in winter. 
 Eight constables appointed by mayor. 
 Six leet constables. 
 Four leet constables and two deputy constables appointed 
 
 by magistrates. 
 High constable, foi;r common constables, two beadles and 
 
 three night watchmen selected from each ward for the 
 
 borough generally. 
 Chief constable and parochial and special constables 
 
 appointed by magistrates. 
 Eight constables annually appointed by mayor. 
 Superintendent, serjeant-at-mace, two constables, and two 
 
 watchmen under local Act. 
 Seven constables, watchmen and superintendent. 
 
 Three watclunen under Paving and Lighting Act ; parish 
 constable ; constable employed by association. 
 
 Two constables and two headboroughs appointed at 
 court-leet ; one special constable appointed by magis- 
 trates. 
 
 Two serjeants-at-mace ; twelve constables appointed, one 
 for each ward, by borough justices. 
 
 High constable, six borsholders, and six deputy borsholders, 
 appointed yearly by justices at general sessions. 
 
 Borough constables, appointed by council annually, and 
 four assistant constables. 
 
 Chief constable and parish constables appointed by 
 magistrates. 
 
 Power under local Acts to appoint night watch not 
 exercised. 
 
 Chief and four sub- constables appointed by mayor. 
 
 Twelve leet constables, and two serjeants-at-mace. 
 
 Two constables, four tithingmen, beadle and two watch- 
 men.
 
 THEIR GROWTH AND T)EVKI,OPMENT. 
 
 191 
 
 TABLE 1. (Part IV., Sec. 8.) — contiivued. 
 
 OlTIBS A.ND BOBOUGHS. 
 
 The Akoieitt Policb OBGAWiziTiOMS. 
 
 WalsaU 
 
 Warwick ... 
 
 WeUs 
 
 Weulock ... 
 Weymouth 
 
 Wiuchelsea 
 Winchester 
 Windsor ... 
 
 Wisbech . . 
 Worcester. . 
 
 Yeovil 
 York 
 
 Superintendent and three permanent police officers ap- 
 pointed by magistrates during pleasure and paid by 
 subscription ; also two serjeants-at-mace, two constables, 
 sixteen deputy constables for the borough, and twenty 
 for the " foreign." 
 
 Permanent liead officer and ten couunon constables 
 annually appointed at leet. 
 
 Two chief constables and verderers. 
 
 High constable and several common constables. 
 
 Six constables appointed during pleasure by council ; 
 eight watchmen under trustees. 
 
 Six constables appointed by justices. 
 
 Four constables. 
 
 Constables and tithingmen ; and night constable and six 
 watchmen. 
 
 Two beadles ; superintendent and four night watchmen. 
 
 Eighteen men, organized by commissionei'S under 4 Geo. 
 iV. in aid of four mayors' officers, and two constables 
 from each of seven wards. 
 
 Watchmen under local Act ; two leet constables. 
 
 Constables for different townsliips and parishes appointed 
 by the magistrates. 
 
 The Municipal Corporations Act, 1835, directs the Council of a 
 
 borough to appoint a sufficient number of their own body, who, 
 
 together with the mayor for the time being, shall be and be called 
 
 ' the Watch Committee ' of such borough. The powers given by the 
 
 Act to such committee may be exercised by the majority of those 
 
 present at any meeting thereof at which not less than three members 
 
 are present. The committee is from time to time to appoint a 
 
 sulficient number of constables for the borough, who shall not only 
 
 within such borough, but also within the county in which such 
 
 borough or part thereof is situated, and also within every county 
 
 being within seven miles of any such borough, and within all liberties in 
 
 any such county, have all such powers and privileges, and be liable 
 
 to all such duties and responsibilities, as any constable duly appointed 
 
 had at the time of the passing of the Municipal Corporations Act, or 
 
 thereafter might have, within his con stable wick by virtue of the 
 
 common law, or of any statutes made or to be made, and shall obey 
 
 all such commands as they may from time to time receive from any 
 
 of the justices of the peace having jurisdiction within such borough, 
 
 or within any county in which they shall be called on to act as 
 
 constables. The watch committee are empowered to make regulations 
 
 for the management of the constables, who are empowered while on 
 
 duty to apprehend all idle and disorderly persons whom they find 
 
 disturbing the public peace, or w'hom they have just cause to suspect
 
 192 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 of an intention to commit a felony. Constables attending at the watch 
 houses in the night may take bail by recognizances from persons 
 brought before them for petty misdemeanours, such recognizances to 
 be conditional for the appearance of the parties before a magistrate, 
 and the recognizances to be forfeited if the parties do not duly appear. 
 If a constable of any borough is guilty of neglect of duty or disobedience 
 of any lawful order, he is liable, on conviction before any two justices of 
 the peace, to be imprisoned for any time not exceeding ten days, or to be 
 fined not exceeding 40s., or to be dismissed from his office, as the justices 
 shall think fit. Persons assaulting constables in the execution of 
 their duty are rendered liable to a fine not exceeding £5. The watch 
 committee are authorised to fix the pay of the constables, to defray 
 their expenses in apprehending ofienders, to reward them for activity 
 in the discharge of their duties, to compensate them for injuries 
 received in the performance of their duties, or to make an allowance 
 to such as shall be disabled by bodily injury or worn out by length 
 of service.* The magistrates having jurisdiction within any borough 
 are also authorised and required to appoint a number of persons to 
 act as special constables. The watch committee are required to 
 transmit a report on the 1st of January, 1st of April, 1st of July, 
 and 1st of October, in every year, to one of the secretaries of state 
 (the Home Secretary), the number of men appointed to act as 
 constables or policemen in such borough ; and of the descrij^tion of 
 arms, accoutrements and clothing, and other necessaries furnished to 
 each man ; and of the salaries, wages, and allowances payable to such 
 constables or policemen ; and of the number and situation of all station 
 houses in such borough; and also a copy of all rules, orders, and 
 regulations which shall from time to time be made by such watch 
 committee, or by the council of such borough, for the regulation and 
 guidance of such constables or policemen. Power is given to the 
 council to order parts of a borough not within a local Act as to lighting 
 to be included in such Act ; and the council are also authorised to 
 assume the powers of inspectors, under 3 & 4 William IV. c. 90, for 
 lighting any part of the borough. The Act, however, is not to 
 interfere with the regulations for the government, &c., of dockyards, 
 arsenals, &c. It also provided that in every case in which, before 
 the 9th September, 1835, any rate might be levied in any borough, 
 or in any parish or place made part of a borough, by that Act, for the 
 purpose of watching by day or by night conjointly with any other 
 purpose, it should be lawful for the council to levy a watch rate 
 sufficient to raise any sum of money not greater than the average 
 
 * As to police superannuation and matters incidental thereto, see 22 & 23 Vict., 
 c. 32 (1859), and 28 i: 29 Vict., c. 35 (1865).
 
 TIIKTK GROWTH AND DEVELOPMENT. 193 
 
 yearly sura which, during the previous seven years (or when any such 
 rate should not have been levied during seven years, then during 
 such less number of years as such rate had been levied), had been 
 expended in the maintenance and establishment of watchmen, 
 constables, patrol, or policemen, within the district in which such 
 rate was levied. It having, however, been found that the amount of 
 watch rate leviable under these powers was in many cases insufficient, 
 the legislature subsequently, by the 2 & 3 Yict. c. 28, empowered the 
 council of every borough named in the schedules of the Municipal 
 Corporations Act to levy a watch rate on 
 
 " The occupiers of all messuages, lands, tenements, and hereditaments within 
 those parts of the borough which shall be watched by day and by night, and 
 which from time to time, by any order of the council, shall be declared liable to 
 such watch rate ; and every such rate shall be made upon 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 the same 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, if any, necessary to maintain the hereditaments 
 in tlieir actual state, and all rates, taxes, and piiblic charges, except tithes or 
 tithe commutation rent charges, if any, being paid by the tenant, and either by 
 one rate made yearly, or by two or more rates made half-yearly, or otherwise." 
 
 The amount of such watch rate is to be at the discretion of the 
 council, but is not to exceed in any one year the sum of 6d. in the 
 pound. But, by the 3 & 4 Yict. c. 28, it was provided that the Act 
 last quoted should not apply to any borough in which the borough 
 fund was sufficient, with the aid only of the amount of watch rate 
 which could be raised under the Municij^al Corporations Act, and 
 without the aid of any borough rate, to defray the expense of the 
 constabular}' force of the borough, together with all the other expenses 
 legally payable out of the borough fimd by virtue of the said Muni- 
 cijial Corporations Act, or any other Act or Acts of Parliament. 
 There are one or two subsequent enactments relating to the better 
 collecting of watch rated, but they are not of such an important 
 character us to require more than a passing notice. 
 
 Some important provisions of the Municipal Corporations Act 
 which indirectly apply to the borough police establishments are 
 quoted in the introductions to Sections G and 7 of tliis Part.* 
 
 The Police Acts passed subsequent to 1835 have always encouraged 
 a consolidation of the police forces of the boroughs with those of the 
 counties in which they are situated. The County Police Act of 1840 
 (3 & 4 Victoria, c. 88) enables a municipal borough to agree with 
 the county authority for consolidation on tlie terms that the county 
 chief constable shall have the control and dismissal of the borough 
 
 * See pages 127 and 149.
 
 194 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 police. By the County and Borough Police Act of 1856 (19 & 20 
 Victoria, c. 69) it is enacted that such an agreement cannot be termi- 
 nated without the consent of the Secretary of State, and that a 
 borough with not more than 5,000 population shall not receive any 
 Treasury subvention unless it has so consolidated ; the terms of 
 consolidation may be imposed on a county by an order in council. 
 The County and Borough Police Act of 1859 (22 & 23 Victoria, c 32) 
 enacts a variety of regulations affecting the internal and external 
 control of the police establishments. 
 
 The repeated recommendations of the Inspectors of Constabulary 
 in recent years upon the desirability of a much larger measure of 
 consolidation than has taken place under the Acts just mentioned, 
 have been couched in strong and emphatic language, with the result 
 that the new Charters Act (40 & 41 Victoria, c. 69, s. 8) prohibits the 
 establishment in a borough to which a charter is granted under the 
 Act, of " a new separate police not consolidated with the county 
 police, unless the district incorporated by such charter contained not 
 fewer than twenty thousand (20,000) inhabitants, according to the 
 census taken next before the date of such incorporation." 
 
 Tables 2 and 3 in this Section have been compiled from the latest 
 Reports of the Inspectors of Constabulary and information supplied 
 by the local officials of each city and borough. 
 
 Table 2. (Part IV. Sec. 8.) — Cities and Boroughs named in Schedules 
 A AND B OF 5 & 6 William IV., c. 76, wtbich Maintain a Separate. 
 Police Establishment in 1879. 
 
 Explanations. — f Indicates establishments reported inefficient; all others with 
 no Government grant include a population below 5,000. 
 
 The rule (in any of the Columns) indicates a negative answer. 
 The Petty Offences (Cols. 7 and 8) incliKle every class of offence within the 
 cognizance of individual magistrates or Petty Sessions. 
 
 Cities 
 
 AND 
 BOKOUGHS. 
 
 Total strength 
 
 of the Police 
 
 Force, year 
 
 ending 1878. 
 
 Cost of the 
 
 Police Force, 
 
 year ending 
 
 1878. 
 
 Proportion of 
 the cost of 
 
 Police 
 
 borne by 
 
 Government. 
 
 Number of 
 indictable 
 offences com- 
 mitted, year 
 ending 1878. 
 
 8 offl 
 
 Number of 
 prosecutions 
 
 for petty 
 ofCcnieos, year 
 ending 1878. 
 
 Number of 
 convictions for 
 jietty offences, 
 
 year ending 
 
 1878. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 £ 
 
 Col. 4. 
 £ 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Col. 8. 
 
 Abingdon 
 
 6 
 
 514 
 
 204 
 
 3 
 
 5 
 
 84 
 
 62 
 
 Arundel 
 
 3 
 
 215 
 
 Nil 
 
 1 
 
 2 
 
 38 
 
 30 
 
 Banbuiy 
 
 5 
 
 492 
 
 Nil 
 
 11 
 
 7 
 
 152 
 
 124 
 
 Barnstaple 
 
 12 
 
 804 
 
 778 
 
 20 
 
 4 
 
 248 
 
 199 
 
 Basingstoke 
 
 7 
 
 513 
 
 246 
 
 6 
 
 2 
 
 191 
 
 149 
 
 Bath 
 
 86 
 
 6,664 
 
 3,106 
 
 70 
 
 56 
 
 1,897 
 
 1,164 
 
 Bedford 
 
 18 
 
 1,559 
 
 698 
 
 25 
 
 9 
 
 307 
 
 225 
 
 Berwick-on- Tweed 
 
 13 
 
 1,023 
 
 503 
 
 86 
 
 69 
 
 4,037 
 
 3,749 
 
 Beverley 
 
 11 
 
 868 
 
 427 
 
 23 
 
 16 
 
 359 
 
 316 
 
 Bewdley 
 
 1 
 
 112 
 
 Nil 
 
 3 
 
 — 
 
 79 
 
 59 
 
 Bideford 
 
 3 
 
 147 
 
 t Nil 
 
 
 
 — 
 
 70 
 
 40
 
 THEtR GROWTH AND DEVELOPMENT. 
 
 195 
 
 TABLE 2. (Part IV., Sec. S.)—contimied. 
 
 Cities 
 
 AND 
 BoBOUGHS. 
 
 Total strength 
 of the Police 
 Force, year 
 ending 1878. 
 
 Cost of the 
 
 Police Force, 
 
 yeai- ending 
 
 1878. 
 
 Proportion of 
 
 the cost of 
 
 Police borne by 
 
 Government. 
 
 a^si^.s 
 
 
 Niunber of 
 
 convictions for 
 
 l)etty ofTences, 
 
 year ending 
 
 1878. 
 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 £ 
 183 
 
 Col. 4. 
 £ 
 
 Nil 
 
 Col. 5. 
 
 Col. 0. 
 
 Col. 7. 
 
 Col. 8. 
 
 
 Bhuulf ord 
 
 3 
 
 2 
 
 2 
 
 23 
 
 15 
 
 
 Boston 
 
 15 
 
 1,232 
 
 653 
 
 24 
 
 8 
 
 359 
 
 314 
 
 
 Brecon 
 
 4 
 
 454 
 
 225 
 
 4 
 
 5 
 
 347 
 
 242 
 
 
 Bridgnorth 
 
 5 
 
 430 
 
 203 
 
 7 
 
 2 
 
 197 
 
 135 
 
 
 Bridgwater 
 
 12 
 
 949 
 
 470 
 
 38 
 
 8 
 
 357 
 
 312 
 
 
 Bristol 
 
 374 
 
 30,055 
 
 13,848 
 
 830 
 
 132 
 
 7,275 
 
 5,346 
 
 
 Buckingliiini 
 
 4 
 
 347 
 
 Nil 
 
 12 
 
 10 
 
 37 
 
 36 
 
 
 Cambridge 
 
 48 
 
 4,063 
 
 1,978 
 
 24 
 
 9 
 
 325 
 
 266 
 
 
 Canterbury 
 
 23 
 
 1,715 
 
 813 
 
 10 
 
 5 
 
 379 
 
 300 
 
 
 Cardirt' 
 
 90 
 
 7,919 
 
 3,145 
 
 170 
 
 66 
 
 3,379 
 
 2,207 
 
 
 Carlisle 
 
 34 
 
 3,006 
 
 1,403 
 
 127 
 
 22 
 
 1436 
 
 1,131 
 
 
 Carmarthen 
 
 12 
 
 854 
 
 436 
 
 9 
 
 3 
 
 289 
 
 176 
 
 
 Chard 
 
 2 
 
 108 
 
 Nil 
 
 2 
 
 — 
 
 18 
 
 15 
 
 
 Chester 
 
 38 
 
 3,169 
 
 1,477 
 
 50 
 
 27 
 
 2,114 
 
 1,613 
 
 
 Chesterfield 
 
 16 
 
 1,452 
 
 679 
 
 9 
 
 6 
 
 455 
 
 409 
 
 
 Chichester 
 
 8 
 
 718 
 
 321 
 
 14 
 
 3 
 
 108 
 
 79 
 
 
 Chipping Wycombe 
 
 4 
 
 315 
 
 Nil 
 
 10 
 
 6 
 
 38 
 
 36 
 
 
 Colchester 
 
 30 
 
 2,221 
 
 1,028 
 
 56 
 
 31 
 
 617 
 
 529 
 
 
 Congleton 
 
 5 
 
 430 
 
 t Nil 
 
 20 
 
 10 
 
 172 
 
 145 
 
 
 Coventry 
 
 40 
 
 3,526 
 
 1,590 
 
 47 
 
 24 
 
 943 
 
 736 
 
 
 Daventry 
 
 2 
 
 139 
 
 Nil 
 
 — 
 
 — 
 
 63 
 
 48 
 
 
 Deal 
 
 8 
 
 576 
 
 244 
 
 11 
 
 13 
 
 219 
 
 156 
 
 
 Derby 
 
 85 
 
 6,358 
 
 2,117 
 
 134 
 
 58 
 
 2,361 
 
 1,545 
 
 
 Doncaster 
 
 20 
 
 1,880 
 
 906 
 
 37 
 
 13 
 
 062 
 
 550 
 
 
 Dorchester 
 
 8 
 
 616 
 
 864 
 
 15 
 
 7 
 
 151 
 
 97 
 
 
 Dover 
 
 31 
 
 2,609 
 
 1,187 
 
 34 
 
 21 
 
 548 
 
 434 
 
 
 Droitwich 
 
 2 
 
 178 
 
 Nil 
 
 3 
 
 — 
 
 143 
 
 76 
 
 
 Durham 
 
 16 
 
 1,323 
 
 660 
 
 49 
 
 10 
 
 700 
 
 564 
 
 
 Exeter 
 
 62 
 
 4,396 
 
 1,756 
 
 110 
 
 27 
 
 581 
 
 484 
 
 
 Falmouth 
 
 3 
 
 231 
 
 iNii 
 
 10 
 
 6 
 
 228 
 
 176 
 
 
 Faversham 
 
 8 
 
 713 
 
 313 
 
 7 
 
 4 
 
 168 
 
 139 
 
 
 Folkestone 
 
 16 
 
 1,260 
 
 546 
 
 29 
 
 13 
 
 254 
 
 208 
 
 
 Gateshead 
 
 65 
 
 5,612 
 
 2,535 
 
 93 
 
 20 
 
 3,289 
 
 2,857 
 
 
 Godahning 
 
 3 
 
 254 
 
 Nil 
 
 1 
 
 
 
 34 
 
 22 
 
 
 Grantham 
 
 6 
 
 513 
 
 260 
 
 20 
 
 9 
 
 199 
 
 152 
 
 
 Gravesend 
 
 28 
 
 2,435 
 
 1,148 
 
 20 
 
 15 
 
 655 
 
 557 
 
 
 Grimsby (Great)... 
 
 28 
 
 2,310 
 
 979 
 
 56 
 
 31 
 
 2,076 
 
 1,664 
 
 
 Guildford 
 
 12 
 
 582 
 
 385 
 
 16 
 
 13 
 
 315 
 
 232 
 
 
 Hastings 
 
 38 
 
 3,201 
 
 1,509 
 
 51 
 
 24 
 
 546 
 
 470 
 
 
 Haverfordwest ... 
 
 4 
 
 343 
 
 iNii 
 
 5 
 
 2 
 
 201 
 
 126 
 
 
 Helston 
 
 1 
 
 125 
 
 Nil 
 
 
 
 
 
 31 
 
 26 
 
 
 Hereford 
 
 30 
 
 2,343 
 
 1,048 
 
 62 
 
 21 
 
 770 
 
 435 
 
 
 Hertford 
 
 7 
 
 630 
 
 277 
 
 8 
 
 1 
 
 217 
 
 190 
 
 
 HuU 
 
 207 
 
 15,726 
 
 8,338 
 
 282 
 
 87 
 
 6,102 
 
 5,711 
 
 
 Hythe 
 
 3 
 
 418 
 
 Nil 
 
 2 
 
 — 
 
 39 
 
 25 
 
 
 Ipswich 
 
 43 
 
 3,000 
 
 1,515 
 
 75 
 
 43 
 
 708 
 
 469 
 
 
 Kendal 
 
 14 
 
 1,148 
 
 540 
 
 11 
 
 7 
 
 398 
 
 316 
 
 
 Kidderminster . , . 
 
 19 
 
 1,519 
 
 691 
 
 32 
 
 16 
 
 451 
 
 357 
 
 
 King's Ljnin 
 
 19 
 
 1,823 
 
 731 
 
 17 
 
 10 
 
 446 
 
 341 
 
 
 Lancaster 
 
 17 
 
 1,465 
 
 676 
 
 16 
 
 7 
 
 471 
 
 376 
 
 
 o2
 
 196 
 
 ENGLISH MUNICIPA], INSTITUTIONS 
 
 TABLE 2. (Part IV., Sec. 8.)— continued. 
 
 Cities 
 
 AND 
 BOEOUGHS. 
 
 Total strength 
 of the Police 
 Force, year 
 ending 1878. 
 
 Cost of the 
 
 Police Force, 
 
 year ending 
 
 1878. 
 
 Proportion of 
 
 the cost of 
 
 Police borne by 
 
 Government. 
 
 Number of 
 indictable 
 offences com- 
 mitted, year 
 ending 1878. 
 
 Number of 
 committals for 
 
 indictable 
 
 offences, year 
 
 ending 1878. 
 
 Number of 
 prosecutions 
 
 for petty 
 offences, year 
 ending 1878. 
 
 Number of 
 
 convictions for 
 
 petty offences, 
 
 year ending 
 
 1878. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 £ 
 81 
 
 Col. 4. 
 £ 
 
 Nil 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Col. 8. 
 
 Launceston 
 
 1 
 
 
 
 
 
 36 
 
 32 
 
 Leeds 
 
 356 
 
 32,209 
 
 13,114 
 
 672 
 
 289 
 
 6,810 
 
 5,606 
 
 Leicester 
 
 120 
 
 9,043 
 
 4,195 
 
 245 
 
 99 
 
 3,523 
 
 2,919 
 
 Leominster 
 
 8 
 
 003 
 
 282 
 
 11 
 
 11 
 
 230 
 
 154 
 
 Lichfield 
 
 7 
 
 711 
 
 266 
 
 16 
 
 5 
 
 452 
 
 349 
 
 Lincoln 
 
 30 
 
 2,887 
 
 1,229 
 
 51 
 
 28 
 
 895 
 
 716 
 
 Liverpool 
 
 892 
 
 82,110 
 
 36,723 
 
 1,630 
 
 818 
 
 45,139 
 
 34,856 
 
 Lonth 
 
 9 
 
 757 
 
 348 
 
 15 
 
 6 
 
 148 
 
 128 
 
 Ludlow 
 
 5 
 
 477 
 
 198 
 
 6 
 
 3 
 
 269 
 
 194 
 
 Macclesfield 
 
 36 
 
 3,084 
 
 1,406 
 
 51 
 
 28 
 
 772 
 
 540 
 
 Maidenhead 
 
 6 
 
 411 
 
 iNil 
 
 7 
 
 7 
 
 139 
 
 90 
 
 Maidstone 
 
 30 
 
 2,685 
 
 1,221 
 
 46 
 
 21 
 
 475 
 
 319 
 
 Maldon 
 
 5 
 
 366 
 
 177 
 
 1 
 
 1 
 
 33 
 
 28 
 
 Monmouth 
 
 6 
 
 484 
 
 249 
 
 4 
 
 1 
 
 241 
 
 189 
 
 Neath 
 
 10 
 
 882 
 
 441 
 
 24 
 
 13 
 
 358 
 
 207 
 
 Newark 
 
 12 
 
 1,103 
 
 1,015 
 
 12 
 
 10 
 
 323 
 
 270 
 
 Newcastle - under - 
 
 15 
 
 1,128 
 
 1,529 
 
 28 
 
 11 
 
 640 
 
 571 
 
 Lyme 
 
 
 
 
 
 
 
 
 Newcastle - upon - 
 
 200 
 
 20,003 
 
 8,126 
 
 607 
 
 78 
 
 9,169 
 
 1,650 
 
 Tyne 
 
 
 
 
 
 
 
 
 Newport (I. of W.) 
 
 9 
 
 782 
 
 261 
 
 13 
 
 7 
 
 334 
 
 202 
 
 Newport (Mon.)... 
 
 50 
 
 4,459 
 
 1,496 
 
 129 
 
 33 
 
 2,472 
 
 1,821 
 
 Northampton 
 
 52 
 
 4,216 
 
 1,951 
 
 116 
 
 83 
 
 1,471 
 
 1,368 
 
 Norwich 
 
 90 
 
 7,858 
 
 3,376 
 
 65 
 
 54 
 
 566 
 
 445 
 
 Nottingham 
 
 188 
 
 16,431 
 
 4,956 
 
 286 
 
 55 
 
 5,074 
 
 3,989 
 
 Oxford 
 
 37 
 
 3,802 
 
 1,374 
 
 54 
 
 25 
 
 679 
 
 572 
 
 Penryn 
 
 2 
 
 125 
 
 Nil 
 
 2 
 
 2 
 
 22 
 
 16 
 
 Penzance 
 
 11 
 
 515 
 
 jNil 
 
 3 
 
 3 
 
 127 
 
 106 
 
 Plymouth 
 
 86 
 
 6,239 
 
 2,901 
 
 57 
 
 9 
 
 971 
 
 797 
 
 Pontefract 
 
 8 
 
 833 
 
 380 
 
 12 
 
 6 
 
 509 
 
 430 
 
 Poole 
 
 14 
 
 1,102 
 
 472 
 
 13 
 
 12 
 
 323 
 
 259 
 
 Portsmouth 
 
 130 
 
 10,307 
 
 4,482 
 
 188 
 
 95 
 
 1,777 
 
 1,396 
 
 Preston 
 
 90 
 
 7,732 
 
 3,643 
 
 279 
 
 135 
 
 2,555 
 
 2,019 
 
 Pwllheli 
 
 1 
 
 83 
 
 Nil 
 
 — 
 
 — 
 
 50 
 
 49 
 
 Reading 
 
 40 
 
 3,380 
 
 1,550 
 
 33 
 
 9 
 
 693 
 
 511 
 
 Richmond (Yorks.) 
 
 2 
 
 207 
 
 iNii 
 
 4 
 
 3 
 
 124 
 
 105 
 
 Ripon 
 
 4 
 
 380 
 
 iNil 
 
 9 
 
 2 
 
 252 
 
 165 
 
 Rochester 
 
 28 
 
 2,301 
 
 1,041 
 
 23 
 
 21 
 
 415 
 
 333 
 
 Rye 
 
 2 
 
 147 
 
 Nil 
 
 1 
 
 1 
 
 74 
 
 60 
 
 St. Albans 
 
 8 
 
 736 
 
 333 
 
 14 
 
 7 
 
 132 
 
 108 
 
 St. Ives (Cornwall) 
 
 1 
 
 68 
 
 iNil 
 
 — 
 
 — 
 
 84 
 
 60 
 
 Salisbury 
 
 13 
 
 1,125 
 
 500 
 
 7 
 
 7 
 
 251 
 
 200 
 
 Sandwich 
 
 1 
 
 58 
 
 Nil 
 
 7 
 
 7 
 
 77 
 
 73 
 
 Scarborough 
 
 30 
 
 2,815 
 
 1,215 
 
 71 
 
 27 
 
 1,207 
 
 804 
 
 Shrewsbury 
 
 25 
 
 2,022 
 
 923 
 
 73 
 
 5 
 
 748 
 
 626 
 
 Southampton 
 
 64 
 
 4,575 
 
 2,348 
 
 58 
 
 45 
 
 1,648 
 
 953 
 
 Southwold 
 
 1 
 
 63 
 
 Nil 
 
 2 
 
 5 
 
 28 
 
 20 
 
 Stamford 
 
 9 
 
 774 
 
 346 
 
 — 
 
 — 
 
 — 
 
 — 
 
 Stockport 
 
 53 
 
 4,537 
 
 2,188 
 
 216 
 
 61 
 
 2,647 
 
 2,325 
 
 Stratford-upon- 
 
 4 
 
 420 
 
 Nil 
 
 6 
 
 5 
 
 71 
 
 47 
 
 Avon 
 
 
 
 
 
 

 
 THEIR GROWTH AND DEVELOPMENT. 
 
 197 
 
 TABLE 2. (Part IV., Sec. 8.}— continued. 
 
 CiTIBS 
 AND 
 
 BoBouaHs. 
 
 al strength 
 the Police 
 Dree, year 
 ding 1878. 
 
 Dst of the 
 lice Force, 
 ar ending 
 1878. 
 
 portion of 
 le cost of 
 :c borne by 
 vernment. 
 
 Hilt 
 
 " 2 S -s"^ 
 
 s 5 S tT V 
 llpl 
 
 L'£ Sx 
 
 ^ CP z^ 
 
 ° X i a 
 
 
 
 
 £1^ 
 
 «-"«§§ 
 
 ^ri3 
 
 ^1 tog 
 ■^ o 
 
 o — 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 £ 
 
 580 
 
 Col. 4. 
 £ 
 283 
 
 Col. 5. 
 
 Col. 0. 
 
 Col. 7. 
 
 Col. 8. 
 
 Sudbury 
 
 7 
 
 1 
 
 1 
 
 31 
 
 24 
 
 Sunderlaiul 
 
 110 
 
 9,200 
 
 4,588 
 
 194 
 
 87 
 
 3,982 
 
 3,114 
 
 Swansea 
 
 G4 
 
 7,21G 
 
 2,749 
 
 164 
 
 47 
 
 2,253 
 
 1,448 
 
 Tenby 
 
 4 
 
 290 
 
 Nil 
 
 2 
 
 — 
 
 129 
 
 91 
 
 Tenterden 
 
 4 
 
 256 
 
 Nil 
 
 
 — 
 
 36 
 
 30 
 
 Tiverton 
 
 7 
 
 478 
 
 iNil 
 
 2 
 
 2 
 
 134 
 
 106 
 
 Torrington (Great) 
 
 2 
 
 101 
 
 Nil 
 
 1 
 
 3 
 
 8 
 
 5 
 
 Totnea 
 
 3 
 
 185 
 
 Nil 
 
 — 
 
 — 
 
 56 
 
 47 
 
 Truro 
 
 12 
 
 424 
 
 t Nil 
 
 8 
 
 3 
 
 110 
 
 90 
 
 WalsaU 
 
 49 
 
 3,983 
 
 1,676 
 
 52 
 
 21 
 
 1,703 
 
 1,035 
 
 Weymouth and 
 
 16 
 
 1,532 
 
 591 
 
 18 
 
 9 
 
 464 
 
 353 
 
 Melcombo Regis 
 
 
 
 
 
 
 
 
 Wigan 
 
 49 
 
 4,397 
 
 1,933 
 
 139 
 
 69 
 
 2,167 
 
 1,793 
 
 Winchester 
 
 17 
 
 1,182 
 
 626 
 
 20 
 
 6 
 
 403 
 
 258 
 
 Windsor 
 
 18 
 
 1,721 
 
 639 
 
 18 
 
 18 
 
 335 
 
 267 
 
 Wisbech 
 
 11 
 
 1,006 
 
 396 
 
 13 
 
 10 
 
 262 
 
 110 
 
 Worcester 
 
 33 
 
 1,519 
 
 1,343 
 
 51 
 
 29 
 
 1,085 
 
 750 
 
 Yarmouth (Great) 
 
 43 
 
 3,343 
 
 1,657 
 
 65 
 
 39 
 
 1,526 
 
 1,184 
 
 York 
 
 49 
 
 4,679 
 
 1,961 
 
 60 
 
 19 
 
 1,269 
 
 1,082 
 
 Totals 
 
 5,03G 
 
 427,991 
 
 188,153 
 
 8,894 
 
 3,543 
 
 160,342 
 
 119,426 
 
 Table 3. (Part IV., Sec. 8.) — Cities and Boroughs incorporated since the 
 PASSING OF 5 cfe 6 William IV., c. 76, which Maintain a Separate 
 Police Establishment in 1879. 
 
 
 1 .d .. 
 
 1 . 
 
 \ ^ !>» _ 
 
 1 
 
 1 <- tH 1 I, 1 t. .. I 
 
 Cities 
 
 AND 
 BOBOUGHS. 
 
 Total strengt 
 of the Police 
 Force, year 
 ending 1878. 
 
 Cost of the 
 
 Police Force 
 
 3'ear ending 
 
 1878. 
 
 Proportion o 
 the cost of 
 Police borne b 
 Government 
 
 Number of 
 
 indictable 
 
 offences com 
 
 mitted, yeai- 
 
 eudine- 1878. 
 
 Number of 
 committals fc 
 
 indictable 
 offences, yea 
 ending 1878. 
 
 Number of 
 jirosecutions 
 
 for petty 
 
 offences, yea 
 
 ending 1878. 
 
 Number of 
 
 (vjnvictions fc 
 
 I ictty offences 
 
 jear ending 
 
 1878. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 £ 
 2,887 
 
 Col. 4. 
 
 £ 
 1,428 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Col. 8. 
 
 Ashton- under- 
 
 34 
 
 69 
 
 24 
 
 1,193 
 
 1,103 
 
 Lyno 
 
 
 
 
 
 
 
 
 Birkenhead 
 
 111 
 
 11,978 
 
 2,935 
 
 293 
 
 62 
 
 4,148 
 
 3,367 
 
 Birmingham 
 
 520 
 
 41,085 
 
 19,400 
 
 1,746 
 
 349 
 
 16,552 
 
 12,736 
 
 Blackburn 
 
 89 
 
 8,070 
 
 3,455 
 
 208 
 
 117 
 
 4,681 
 
 2,825 
 
 Bolton 
 
 113 
 
 8,627 
 
 4,368 
 
 154 
 
 108 
 
 3,949 
 
 3,205 
 
 Bradford (Yorks.) 
 
 220 
 
 18,975 
 
 7,811 
 
 145 
 
 56 
 
 4,620 
 
 2,928 
 
 Brighton ... 
 
 142 
 
 11,555 
 
 4,995 
 
 99 
 
 52 
 
 1,471 
 
 1,347 
 
 Devonport 
 
 50 
 
 3,551 
 
 1,723 
 
 25 
 
 7 
 
 728 
 
 652 
 
 Dewsbury 
 
 25 
 
 2,229 
 
 993 
 
 20 
 
 14 
 
 1,391 
 
 1,277 
 
 Dunstable 
 
 3 
 
 244 
 
 Nil 
 
 13 
 
 8 
 
 77 
 
 48 
 
 Glossop 
 
 17 
 
 1,488 
 
 633 
 
 6 
 
 5 
 
 408 
 
 380 
 
 Halifax 
 
 70 
 
 5,847 
 
 2,760 
 
 98 
 
 67 
 
 2,091 
 
 1,805
 
 198 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 TABLE 3. (Pakt IV., 
 
 Sec. 8.)- 
 
 - continued. 
 
 
 
 
 Cities 
 
 AND 
 BOEOUGHS. 
 
 Total strength 
 of the Police 
 Force, year 
 ending 1878. 
 
 Cost of the 
 
 Police Force, 
 
 year ending 
 
 1878. 
 
 Proportion of 
 
 the cost of 
 
 Police borne by 
 
 Govei'nment. 
 
 Number of 
 indictable 
 offences com- 
 mitted, year 
 ending 1878. 
 
 Number of 
 committals for 
 
 indictable 
 offences, year 
 
 ending 1878. 
 
 Number of 
 prosecutions 
 
 for petty 
 offences, year 
 ending 1878. 
 
 Number of 
 
 convictions for 
 
 petty offences, 
 
 year ending 
 
 1878. 
 
 Col. 1. 
 
 Col. 2. 
 
 Col. 3. 
 
 £ 
 3,791 
 
 Col. 4. 
 
 £ 
 1,529 
 
 Col. 5. 
 
 Col. 6. 
 
 Col. 7. 
 
 Col. 8. 
 
 Hanley 
 
 39 
 
 120 
 
 35 
 
 1,533 
 
 1,202 
 
 Hartlepool 
 
 14 
 
 1,198 
 
 565 
 
 23 
 
 5 
 
 621 
 
 528 
 
 Huddersfield 
 
 81 
 
 7,695 
 
 3,103 
 
 88 
 
 39 
 
 2,571 
 
 2,123 
 
 Leamington 
 
 25 
 
 2,369 
 
 1,148 
 
 15 
 
 13 
 
 312 
 
 272 
 
 Luton 
 
 22 
 
 2,122 
 
 891 
 
 18 
 
 14 
 
 487 
 
 447 
 
 Manchester 
 
 795 
 
 69,313 
 
 32,097 
 
 4,625 
 
 596 
 
 23,735 
 
 19,959 
 
 Margate ... 
 
 19 
 
 1,496 
 
 681 
 
 12 
 
 6 
 
 287 
 
 221 
 
 Middlesborougli ... 
 
 52 
 
 5,503 
 
 2,399 
 
 78 
 
 51 
 
 1,943 
 
 1,826 
 
 Oldham ... 
 
 88 
 
 7,642 
 
 3,527 
 
 228 
 
 87 
 
 2,641 
 
 2,038 
 
 Peterborough 
 
 18 
 
 1,712 
 
 1,359 
 
 18 
 
 6 
 
 285 
 
 239 
 
 Reigate ... 
 
 20 
 
 1,768 
 
 758 
 
 14 
 
 8 
 
 236 
 
 189 
 
 Rochdale ... 
 
 63 
 
 5,476 
 
 2,697 
 
 141 
 
 35 
 
 2,168 
 
 1,631 
 
 Rvde 
 
 13 
 
 1,075 
 
 473 
 
 6 
 
 5 
 
 267 
 
 209 
 
 Salford 
 
 281 
 
 26,450 
 
 9,771 
 
 653 
 
 156 
 
 6,807 
 
 5,577 
 
 Sheffield 
 
 320 
 
 27,718 
 
 12,231 
 
 623 
 
 220 
 
 6,251 
 
 5,339 
 
 Southport... 
 
 28 
 
 2,791 
 
 1,127 
 
 70 
 
 25 
 
 857 
 
 693 
 
 South Shields ... 
 
 53 
 
 4,652 
 
 2,112 
 
 268 
 
 39 
 
 3,152 
 
 2,843 
 
 Stalyb ridge 
 
 21 
 
 1,792 
 
 837 
 
 47 
 
 26 
 
 723 
 
 577 
 
 Tynemouth 
 
 48 
 
 4,018 
 
 1,992 
 
 68 
 
 15 
 
 2,700 
 
 2,130 
 
 Wakefield 
 
 37 
 
 3,397 
 
 1,481 
 
 96 
 
 58 
 
 1,470 
 
 1,160 
 
 Warrington 
 
 36 
 
 3,116 
 
 1,317 
 
 86 
 
 33 
 
 2,022 
 
 1,428 
 
 Wolverhampton . . . 
 
 73 
 
 6,239 
 
 2,911 
 
 170 
 
 43 
 
 3,386 
 
 2,316 
 
 Totals 
 
 3,540 
 
 307,869 
 
 135,507 
 
 10,343 
 
 2,384 
 
 105,763 
 
 84,620 
 
 Grand Totals 
 
 8,576 
 
 735,860 
 
 323,660 
 
 19,237 
 
 5,927 
 
 266,105 
 
 204,046 
 
 (Tables 2 and 3) 
 
 
 
 
 
 
 
 
 SUMMARY AND COMPARISONS, 
 
 Tables 2 and 3. — (161 cities and boroughs) Proportionate individual 
 cost of the police establishments in 1878 {omitting fractions in 
 each case) ... ... ... £85. 16s. Id. per each officer. 
 
 Proportionate cost borne by Grovern- 
 
 ment in 1878 ... ... ... £37. 14s. 9fd. per each officer. 
 
 Proportion of the estimated popula- 
 tion to each constable in 1878 ... 
 
 950 
 
 Proportion of committals for indict- 
 able offences to the estimated popu- 
 lation in 1878 ... ... 1 committal to every 1375 persons. 
 
 Proportion of convictions for petty 
 offences to the estimated popu- 
 lation for 1878 (approximately j.e. 
 
 1 conviction to every 40 persons.
 
 their growth and devklopment. 199 
 
 (9) The Corporate Hevenue, Expenditure, Indebtedness, and 
 
 Rateable Value. 
 
 The Municipal Commissioners reported, in 1835, upon the subject 
 of Municipal Finances, that many of the Corporations possessed 
 considerable revenues, derived from various sources ; from lands, 
 leases of tithes, and other property ; from tolls of markets and 
 fairs ; from duties or tolls imposed on the import or export of goods 
 and merchandise ; from quay and anchorage dues, &c. ; and from 
 fees payable on the admission of officers and burgesses, as well as 
 from fines imposed on persons refusing to perform the duties of 
 corporate offices. 
 
 The application of the corporate revenues under the old adminis- 
 tration was found, in a majority of cases, to be but little actuated by 
 a concern for public requirements or advantages. In numerous 
 instances ■ the corporate income was secretly diverted from its 
 legitimate use and wastefully bestowed for the benefit of individuals ; 
 sometimes it was openly squandered for purposes injurious to the 
 character and morals of the people. In the 64th paragraph of their 
 report, the Commissi'iners observed that — 
 
 " In many of the Curporations the revenues are sufficient for the maintenance 
 of all necessary municipal institutions. In many, although amply sufficient for 
 supporting the various purposes for which municipalities were instituted, they 
 are but partijJly applied to them. In most, however, the revenues would be 
 inadequate to these purposes, though they should be entirely expended upon 
 them. In sever;il boroughs a rate is levied upon the inhabitants in the nature of 
 a county rate. There are many instances among the boroughs returning members 
 to Parliament, in which the revenues are inadequate to the wants of the munici- 
 pality, and in which the deficiency has been siip plied either from the funds of the 
 patron, or by the members for the borough. In some, before the passing of the 
 Reform Act (1832), the members for the borough or the patron paid :ill the 
 municipal expenses. Since that epoch these contributions have ceased, and such 
 corporations have no longer the means of maintaining municipal institutions of 
 any kind." 
 
 The "common " or "pastui'e" rights of the freemen of many of 
 the corporate towns were of the most extensive character. Some- 
 times the land was farmed out and the profits divided amongst the 
 freemen ; at Berwick-upon-Tweed the freemen administered their 
 own proprietary aft'airs, and the value of their profits amounted to 
 nearly £6,000 per annum. The Table at pages 49 and 50 shows the 
 nature of the proprietary rights of the burgesses in several of the cities 
 and boroughs now amenable to the Municipal Corporations Act. In 
 not a few cases the governing bodies were the uncontrolled trustees 
 of property vested in them for exclusively charitable j urposes ; 
 sometimes estates were held upon the responsibility of maintaining 
 public works and supporting specific objects for the welfare of the
 
 200 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 burgesses. But it cannot be said that the last-named obligations 
 were very often acknowledged. Upon these points the Commis- 
 sioners remarked : — 
 
 " Some corporations consider that their property has been vested in them, 
 solely as trustees for the public ; but in most cases this truth is acknowledged 
 only when forced on their attention, is received with difficulty and qualification, 
 and is continually forgotten. Few corporations admit any positive obligation to 
 expend the surplus of their income for objects of public advantage. Such 
 expenditure is regarded as a spontaneous act of private generosity, rather than a 
 well-considered application of the public revenue. * * * From this 
 erroneous but strongly rooted opinion that the property of the corporation is 
 held in trust for the benefit of the corporate body only, distinguishing that body 
 from the community with which it is locally connected, the transition is not 
 difficult to the opinion that indi\ddual corporations may justifiably derive a 
 personal benefit from that property. At Cambridge, the practice of turning 
 the corporation property to the profit of individuals, was avowed and defended 
 by a member of the council." 
 
 The indebtedness of many of the corporations was extremely 
 heav}'', and generally brought about by negligent and questionable 
 management. The patrons of the small and " close " boroughs fre- 
 quently held mortgages of the whole of the corporate property as 
 security for monetary advances ; and in many places such a large 
 proportion of the revenue was absorbed by way of interest, that the 
 corporation had to declare itself absolutely insolvent. 
 
 With such ideas as these in the ascendant, combined with a 
 reckless extravagance of outlay in every branch of the corporate 
 service, it is not to be wondered at that the local taxation, by which 
 the permanent income was supplemented, was widely felt to be an 
 intolerable and unjust burden. 
 
 The main provision relating to Municipal Finance in the Municipal 
 Corporations Act is contained in the 92nd section, which in substance 
 enacts that the rents and profits of all hereditaments, and the 
 interest, dividends, and annual proceeds of all moneys, dues, chattels, 
 and valuable securities, belonging or payable to any body corporate 
 named in conjunction with the boroughs in the schedule to the Act, 
 or to any member or officer thereof in his corporate capacity, and 
 every fine or penalty for every offence against the Act (the applica- 
 tion of which is not otherwise provided for) shall be paid to the 
 treasurer of such borough. All the moneys which he so receives 
 are to be by him carried to the account of a fund to be called " The 
 Borough Fund," and such fund — subject to the payment of any 
 lawful debt due from such body corporate to any person, which shall 
 have been contracted before 9th September, 1835, and unredeemed, 
 or of so much thereof as the council from time to time shall be 
 required, or shall deem it expedient to redeem ; and to the payment,
 
 THEIR GROWTH AND DEVELOPMENT. 201 
 
 from time to time, of the interest of so much thereof as shall 
 remain unredeemed ; and saving all rights, interests, claims, or 
 demands of all persons or bodies corporate in or upon the real or 
 personal estate of any body corporate, by virtue of any pro- 
 ceedings either at law or in equity which have been already 
 instituted or which may be hereafter instituted, or by virtue of 
 any mortgage or otherwise — shall be applied towards the payment 
 of the salary of the mayor, of the recorder, and of the police 
 magistrate (when there is a recorder or police magistrate), and of 
 the respective salaries of the town clerk and treasurer, and of every 
 other officer whom the council shall appoint ; and also towards the 
 payment of the expenses incurred from time to time in preparing 
 and printing burgess lists, and lists, and notices, and other matters 
 attending such elections as are mentioned in the Act; and in 
 boroughs which have a separate court of sessions of the peace, 
 towards the prosecution of offenders, towards the expense of main- 
 taining the, borough gaol, house of correction, and corporate 
 buildings, and of all other expenses not specially provided for, which 
 are necessarily incurred in carrying into effect the provisions of the 
 Act. The corporate property being thus charged with all expenses 
 of carrying into effect the Municipal Corporations Act, two cases 
 immediately arise — Jird, where there is a surplus in the borough 
 fund, after all the ordinary payments of salaries and other fixed 
 burthens upon the fund have been met; and second, where the 
 amount of the borough fund is not adequate to the claims upon it. 
 Now : — 
 
 1. In the first place, it is provided that in case the borough fund 
 be more than sufficient for the purposes above mentioned, the surplus 
 is to be applied, under the direction of the council, for the i)i^ihlic 
 benefit of the inhabitants and improvement of the borough. It has 
 been held, for instance, that the council may devote this surplus to 
 the defence of proceedings on informations, having for their object 
 the destruction of the corporation, although they may be directed 
 against individuals. But it must clearly appear to the Court that 
 the money has been applied for public purposes ;* therefore the 
 surplus cannot be applied to defend a quo u-arranfo information 
 against an individual whose own interests only were concerned ; nor 
 
 * Section 44 of 7 Will. IV. and 1 Vict. c. 78 enacts that any order of the council of 
 any borough for the payment of money out of tiie Borough Fund may be remove into 
 the Court of Queen's Bench by writ of certiorari, and may then be disidlowed or 
 confirmed by the Court. The Court, however, is not obliged under the section to 
 disallow payments actually made, even although the charges be so far irregular that 
 payment could not have been enforced.
 
 202 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 can the surplus be properly applied in defending a criminal informa- 
 tion against a person for misdemeanours in his office of alderman ; 
 for it can never be the interest of the borough that a person who 
 has committed a delinquency should not be punished, Nor will one 
 party in the corporation be permitted to fight the other by means of 
 legal proceedings defrayed with the corporation money. And the 
 public purposes to which the surplus may be applied are those of 
 the borough and not of the public at large. Several Acts have 
 specified objects on which it may be expended. As to the establish- 
 ment in boroughs of baths and washhouses, see 9 & 10 Yict. c. 74, 
 and 41 & 42 Vict. c. 14; as to lunatic asylums for boroughs, see 
 16 & 17 Yict. c. 97; as to the establishment of libraries and 
 museums, see 18 & 19 Yict. c. 70 ; of institutions for the promotion 
 of literature, science, and the fine arts, see 17 & 18 Yict. c. 112 ; and 
 as to the adoption and repair of highways by the council, see 25 & 26 
 Yict. c. 61.t 
 
 2. If the borough fund be not sufficient for the purposes to which 
 it is primarily applicable, then the corporation are authorised and 
 required from time to time to estimate as correctly as may be what 
 amount in addition to such fund will be sufficient for the payment 
 of the expenses to be incurred in carrying into efi^ect the provisions 
 of the Municipal Corporations Act ; and in order to raise the amount 
 so estimated, the council is authorised and required from time to 
 time to levy a borough rate within the borough. For this purpose 
 they are invested with all the powers, so far as they are applicable, 
 given to the justices at quarter sessions by the 55 Geo. III. c. 51, 
 with respect to the county rate. All warrants required by that Act 
 to be issued under the hands and seals of two or more justices, are 
 in the case of the borough rate to be signed by the mayor and sealed 
 with the common seal. An appeal against the rate lies to the 
 recorder sitting in quarter sessions. 
 
 The council being thus authorised to levy a borough rate in order 
 to meet any deficiency of the borough fund, it is no excuse for the 
 non-payment of a debt justly chargeable on that fund that it will 
 not suffice to pay the amount without a borough rate. But in 
 general a borough rate will be bad if it be retrospective, as in that 
 case succeeding inhabitants would have to pay for services, &c., of 
 which their predecessors had enjoyed the whole benefit. 
 
 The treasurer of every corporation is to keep a true account of all 
 sums of money received and paid ; and the books containing such 
 
 t See also page 14 for enumeration of other objects of public utility, &c., upon 
 which a corporation may expend.
 
 THEIR GROWTH AND DEVELOPMENT. 203 
 
 accounts are at all times to be open to the inspection of any of the 
 alucrmeu or councillors of such borough ; and all the vouchers 
 relating thereto are, in the months of March and September in every 
 year, to be submitted by the treasurer of the borough to the auditors 
 elected by the burgesses, and to such member of the council as the 
 mayor may name, for the purpose of being examined and audited for 
 the previous half year. If the accounts are found correct, the 
 auditors arc to sign them. And after the September audit the 
 treasurer is to make out in writing and cause to be printed a full 
 abstract of his accounts for the year. A copy of this document is 
 to be open to the inspection of all ratepayers of the borough, to 
 whom also copies are to be supplied on payment of a reasonable 
 price. 
 
 "With respect to the real property of the corporation, it is provided 
 by s. 94 of the Act, that except in the cases thereinafter mentioned, 
 or in pursuance of contracts entered into before June 5, 1835, it shall 
 not be lawful for the council of a borough to sell or mortgage their 
 lands and hereditaments, or to lease them for any longer term than 
 thirty-one years. In every lease granted by the corporation there 
 shall, moreover (except as hereinafter mentioned), be reserved and 
 made payable during the whole of the term granted such clear yearly 
 rent as to the council may appear reasonable, without taking any fine 
 for the same. As, however, it may sometimes be expedient that the 
 stringency of these restrictions should be relaxed, the council are in 
 such cases authorised to apply to the Lords of the Treasury, who will 
 consider the circumstances ; and with their approbation, or with the 
 approbation of any three of them, * it will be lawful for the corpo- 
 ration to sell, alienate, and demise [or to ' mortgage,' vide 6 & 7 
 Will. IV. c. 104, s. 2] any of their lands, tenements, and hereditaments 
 in such a manner and on such terms as have been approved by the 
 said lords commissioners. Before, however, any application is made 
 to the Treasury, notice of the intention of the council to make such 
 application must be fixed to the outer door of the town hall, or in 
 some public and conspicuous place within the borough, one calendar 
 month at least before such application. A copy of the memorial 
 intended to be sent to the Treasury must also be kept in the town 
 clerk's office during such calendar month, and must be open to the 
 inspection of every burgess at all reasonable hours during that time. 
 There are, however, two cases in which a corporation may, without 
 
 * The consent or approval of the Lords of the Treasury is sufficiently signified by a 
 letter from their secretary. They can £;ive no consent to any alienation or change of 
 the corporate property further than such as is specified in the memorial presented 
 to them.
 
 204 ENGLISH MUNICIPAL INSTITUTIONS. 
 
 the previous consent of the Lords of the Treasury, grant leases for 
 other or longer terms than thirty-one years. 
 
 In all cases in which, before the passing of the Municipal Corpo- 
 rations Act, it had been the ancient custom of the corporation to 
 grant and renew leases for lives or for years determinable on lives, 
 &c,, at a fine certain, or under any special or specific terms or con- 
 ditions, &c,, it is still lawful for the council to renew such leases on 
 the terms on which they were held before. It is also lawful for the 
 corporation to lease for any term not exceeding twenty-five years 
 [' either at a reserved rent or fine or both, as the council shall think 
 fit,' ride 6 & 7 "Will. lY. c. 104, s. 2] tenements or hereditaments, 
 the greater part of the yearly value of which consists of any building 
 or buildings, or land or ground proper for the erection of any houses 
 or other buildings, and where the lessee covenants or agrees to erect 
 a building or buildings thereon of greater yearly value than such 
 land or ground, or of land or ground 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 ground, 
 belonging either to such body corporate or to any other proprietor, 
 or proper for any other purpose calculated to afibrd convenience or 
 accommodation to the occupiers of such house or building. 
 
 It only remains to notice one other provision which afiected the 
 corporate property at the time the Act was passed. Municipal 
 Corporations were then extensive holders of ecclesiastical patronage. 
 It was, however, thought very desirable that this should not continue 
 to be the case, and it was accordingly enacted that in cases where 
 corporate bodies were seized in their corporate capacity and not as 
 charitable trustees of any advowson, or right of nomination or 
 presentation to any benefice, either appendant or in gross, every 
 such advowson and right of presentation should be sold at such time 
 and in such manner as the Ecclesiastical Commissioners might direct, 
 and that the proceeds of such sale should be paid to the treasurer of 
 the borough, and should be by him invested in Government securities 
 for the use of the body corporate, the annual interest payable thereon 
 being carried to the account of the borough fund, f 
 
 The annexed Table shews, in alphabetical order of subjects, the 
 various purposes for which a Municipal Corporation is empowered to 
 borrow money under public general Acts, but ver}' large powers of 
 borrowing have from time to time been authorised by Parliament for 
 special and pressing reasons by means of local Acts. 
 
 t The 6 & 7 Will. IV. c. 104, sec. 3, enabled the treasurer to apply the proceeds of 
 .the sale of any advowson, &c., in discharge of corporate debts contracted before the 
 passing of the Act.
 
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 206 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 The Act 6 & 7 Will. IV. c. 104, intituled " An Act for the better 
 Administration of the Borough Fund in certain Boroughs," enabled 
 councils to give new securities for debts contracted before the passing 
 of the Municipal Corporations Act; extended the power of the 
 council in granting building leases, or (with the consent of the Lords 
 of the Treasury) in mortgaging their real estate, in the manner we 
 have indicated ; gave the mayor power to issue distress warrants for 
 the levy of borough and watch rates ; enabled any person elected to 
 a corporate office to resign the same on payment of the fine which he 
 would have been liable to pay for non-acceptance of the same office, 
 with a proviso that no person enabled by law to make an affirmation 
 instead of taking an oath should be liable to any fine for non- 
 acceptance of office in any borough by reason of his refusal on 
 conscientious grounds to take any oath or make any declaration 
 required by the said Act, or to take upon himself the duties of such 
 office ; and directed that the accounts of corporations should be 
 annually transmitted to one of Her Majesty's principal Secretaries of 
 state, before the 1st of March in each year,* and that abstracts of 
 these should be laid before Parliament. 
 
 The Act 7 Will. IV. & 1 Victoria, c. 81, intituled " An Act to 
 provide for the levying of Hates in Boroughs and Towns having 
 Municipal Corporations in England and Wales," has its effect clearly 
 and succinctly explained in the following notef : — " This Act was 
 passed in consequence of the Municipal Corporations Act, 5 & 6 
 Will. IV. cap. 76, having omitted (in s. 92) to extend to borough 
 rates some of the provisions of the 55 Geo. III. cap. 51, respecting 
 county rates. By the twelfth section of this last-mentioned Act (now 
 repealed by 15 and 16 Vict. cap. 81), three distinct powers were 
 given. First, the power in the justices in sessions to make the rate, 
 and to issue warrants for its collection by the high constable ; 
 secondly, the power given to the justices out of sessions to issue a 
 warrant for the levy of the rate upon the goods of any overseer, &c., 
 refusing to pay the assessment to the high constable ; and, thirdly, 
 the power to the overseers, or persons appointed to act as such, to 
 levy by rate the sums assessed, or to reimburse themselves by a 
 special rate such sums as they shall have paid on account of the 
 county rate. But the ninety-second section of the Municipal Corpo- 
 rations Act, though it gives the same powers to the council to make 
 
 * See also 2.3 & 24 Vict., c. 51 ; 34 & 35 Vict., c. 70 ; and 40 & 41 Vict., c. 66. The 
 last-named Act directs that the annual abstract of accounts shall be mnde up to the 
 25th March in each year, with power to the Local Government Board to temporarily 
 vary the date. 
 
 t See " Rawlin son's Municipal Corporations Act" (Welsby).
 
 THEIR GROWTH AND DEVELOPMENT. 207 
 
 the rate, and confers upon the mayor the power of levying by distress 
 the assessment upon the overseers and other collectors of rates, makes 
 no express provision authorising the overseers of the poor to pay such 
 assessment out of the poor rates, or to make any special rate to reim- 
 burse themselves the amount paid over to the borough rate; and doubts 
 having arisen whether, in the absence of such express provision, the 
 overseers would be justified in so applying the rates in their hands, 
 or in levying a special rate to reimburse themselves according to the 
 provisions of the County Rate Act, this statute was passed, the first 
 section of which authorised the council to order the overseers to pay 
 the assessment of the borough rate out of the poor rate, or to make 
 and collect a pound rate for the purpose. And then, inasmuch as 
 this provision would not apply to extra-parochial places, or to parishes 
 and townsh.i])s parti// u'i thin and partly without the horough, the third 
 section expressly provided for such cases, and thus the borough 
 rate and county rate appeared to be placed on the same footing in 
 respect of extra-parochial places and divided parishes. However, the 
 case of divided parishes and places is now further provided for by the 
 12 and 13 Yict. cap. 65, by the Gth section of which so much of this 
 Act as applies to the making, levying, and collecting the county and 
 borough rates in divided parishes and places, is repealed except as to 
 rates theretofore made." 
 
 The Act 4 & 5 "Victoria, c. 48, rendered lands, tenements, and 
 hereditaments, the property of, and in the occupation of municipal 
 corporations, rateable to the relief of the poor in the same way as if 
 they were not corporate property ; providing, however, that when 
 such property lies in any parish which is situate wholly within the 
 boundaries and limits of a city or borough, and in which city or 
 borough the poor are relieved by one entire poor rate, or in which 
 city or borough the poor within the boundaries or limits thereof as 
 existing for municipal purposes at the time of the passing of the 
 Municipal Corporations Act (1835) were then relieved by one entire 
 poor rate, the exemption of such property from rateability should 
 continue as if this Act had not passed. Municipal corporations are 
 to be deemed the beneficial occupiers for rating purposes of all lands, 
 «Jcc., which they occupy. 
 
 The Act 8 & 9 Victoria, c. 110, which is intituled " An Act for 
 the better collecting Borough "Watch Rates in certain Places," it is 
 provided that in every case in which any parish or place liable to 
 support its own poor lies partly within and partly without any 
 borough, and the council of such borough have appointed, or here- 
 after shall appoint, one or more persons to act as overseer or overseers
 
 208 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 within that part of such parish or place, or those parts of such 
 parishes or places, which is or are within the same borough, for 
 making, levying, and collecting borough rates or watch rates, made 
 or hereafter to be made therein, the person or persons so appointed 
 ma}'^ levy and raise by an equal rate of assessment upon all the pro- 
 perty within each of the parts of parishes or places for which he or 
 they shall be so appointed, which if such part were a parish main- 
 taining its own poor would be rateable to the relief of the poor, such 
 sums of money as are required in order to raise the several sums 
 assessed upon such parts of parishes or places respectively, or to 
 reimburse such person or persons as aforesaid such sums of money 
 as he ov they shall have paid for any borough or watch rate made by 
 the council of the borough wherein such part of a parish or place 
 shall be situate. The several clauses of the Act point out the way 
 in which this is to be done, and the mode in which such district rates 
 are to be levied. Further provisions in reference to the same subject 
 are also contained in the 12 and 13 Vict. c. 65. 
 
 The Act 23 & 24 Victoria, c. 16, gives the Treasury power in 
 approving mortgages by municipal corporations to require that the 
 money borrowed be repaid within a limited time by instalments, by a 
 sinking fund, or by both means. When money paid into the Bank of 
 England or Ireland, under any Act of Parliament, for the purchase 
 of lands, &c., of the municipal corporation is paid out, the Treasury 
 may require provision to be made for replacing the amount ; but this 
 does not apply to cases in which provision is made in any local Act 
 for the application of such money. The Treasury, when they 
 authorise the sale of any land belonging to a municipal corporation, 
 may direct the investment of the proceeds, and may afterwards 
 authorise the application of such investments for the benefit of the 
 borough. Town councils are authorised to acquire land with the 
 consent of the Treasury, The council of any borough is authorised 
 to submit a scheme to the Treasury for the payment of the borough 
 mortgage debt, and the Treasury is empowered to sanction its being 
 carried out. The Act contains some other provisions, but those we 
 have given are the most important. 
 
 The Act 32 & 33 Victoria, c. 81, amends the law with respect to 
 the rating of occupiers for short terms, and the making and 
 collecting of the poor's rate. Although its provisions with respect 
 to the composition by owners for tenants' rates, and the retention of 
 the franchise by the occupier notwithstanding such composition, 
 apply to the municipal as well as the parliamentary suffrage, the 
 measure forms part rather, on the one hand, of the general electoral
 
 THEIR GROWTH ANIJ DEVELOPMENT. 209 
 
 law, and on the other of the general poor law of the country than 
 specifically of the law relating to municipal corporations. 
 
 The Act 35 & 36 Victoria, c. 01, better known as the Borough 
 Funds Act, is an important one. After reciting that it is expedient 
 to extend the powers of governing bodies of boroughs, including 
 municipal corporations, so as to enable them to employ the borough 
 or other funds under the control of such governing body towards 
 such costs, charges and expenses as may be incurred for the purposes 
 and in the manner afterwards provided, it enacts by the second 
 section that * When in tlie judgment of a governing body in any 
 district it is expedient for such gQverning body to promote or oppose 
 any local and personal Bill or Bills in Parliament, or to prosecute or 
 defend any legal proceedings necessary for the promotion or protection 
 of the interests of the inhabitants of the district, it shall be lawful 
 for such governing body to apply to the borough fund, borough rate, 
 or other the public funds or rates under the control of such governing 
 body to the payment of the costs and expenses attending the same ; 
 and when there are several funds or rates under the control of the 
 governing body, such governing body shall determine out of which 
 fund or funds, rate or rates, such expense shall be payable, and in 
 what proportions : Provided that nothing in this Act contained shall 
 authorise any governing body to promote any Bill in Parliament for 
 the establishment of any gas or water works to compete with any 
 existing gas or water company established under any Act of 
 Parliament : Provided that no powers contained in this clause shall 
 apply in any case where the promotion of or opposition to a Bill by 
 a governing body has been decided by a Committee of either Houses 
 of Parliament to be unreasonable or vexatious. By s. 3 no payment 
 to any member of a governing body for acting as council or agent in 
 promoting or opposing any such bill is to be charged as aforesaid ; 
 while it is provided by s. 4 that no expense in relation to promoting 
 or opposing any Bill or Bills in Parliament is to be charged as 
 aforesaid, unless incurred in pursuance of a resolution of an absolute 
 majority of the whole number of the governuig body at a meeting of 
 the governing body, after ten clear days' notice by public advertise- 
 ment of such meeting, and of the purpose thereof, in some local 
 newspaper published or circulating in the district, such notice to be 
 in addition to the ordinary notices required for summoning such 
 meeting, nor unless such resolution has been published twice in some 
 newspaper or newspapers circulating in the district, and has received, 
 in respect of matters within the jurisdiction of the Local Government 
 Board, the approval of such board, and in respect of other matters, 
 
 p
 
 210 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 the approval of one of Her Majesty's secretaries of state, and in case 
 of the promotion of a Bill in Parliament, no further expense shall be 
 incurred or charged as aforesaid after the deposit of the Bill, unless 
 the propriety of such promotion is confirmed by such absolute 
 majority at a further special meeting to be held in pursuance of a 
 similar notice not less than fourteen days after the deposit of the Bill 
 in Parliament : Provided further, that no expense in promoting or 
 opposing any Bill in Parliament to be charged as aforesaid unless 
 such promotion or opposition has had the consent of the owners and 
 ratepayers of that district, expressed by resolution in the manner 
 provided in the Local Government Act (1858) for the adoption of 
 that Act. Then, passing over two intermediate clauses, s. 7 empowers 
 the Local Government Board, or one of Her Majesty's principal 
 secretaries of state, to direct a local inquiry to be held upon any 
 application under this Act, by any person or persons whom they may 
 respectively nominate for the purpose, and to charge the costs and 
 expenses of such local enquiry upon the governing body, or the person 
 by whom such application shall be made. 
 
 The preceding abstracts are, however, far from exhausting the 
 provisions of the law in its relation to the financial powers of 
 municipal corporations. As authorities charged with the promotion 
 of sanitary and public works, and other objects of a comprehensive 
 character, they are endowed with numerous facilities for the pro- 
 curation and disbursement of vast funds; but the references in 
 Table 1 of this Section, and the Introduction and Tables of the 
 succeeding Section, aiford additional information upon this topic. 
 
 Tables 2 & 3 of this section have been compiled from the Municipal 
 Commissioners' Report, the Abstract of Municipal Accounts last 
 presented to Parliament, and information supplied by the local 
 municipal officials.
 
 
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 1878. 
 
 C I- 1- i-'5 
 
 crib's <n^^i~ o'l^' r-Tx* crrfo" 
 
 l—t 10 I-H lO I— ( 1— ( 
 
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 1878. 
 
 -* 00 c: C5 ro 'M 1- i-t c; C-- 
 
 ci "*< -X c: C<l '^ ri X c: -f 1 , t r: I- :■: I- 
 
 Total 
 Coi-porate 
 Income, 
 
 1878. 
 
 oci'*tciO»acs»ooOr-«c^'MO'*or; ox 
 
 00 10 c-i n o> CO to ''I* c: 't I- c-1 
 
 Income 
 
 Rents & Tolls. 
 
 1878. 
 
 CO-MOiMt-COl-riOOXXOlOlM^OO 
 
 t>: -Tttoi-ot-t-OrHi— iiccioc<)(Mc^i— lOo 
 
 _.Vi iq_ 1-1 -* CO Ci 0_-*^0 X^r-<^0^0_T-H^rH CO X 
 r-T CO" r-T C^fr-rcTr-rr-r O 
 
 Income b}' 
 
 Borough 
 
 Rate. 
 
 1878. 
 
 05 t- (MO iM 
 
 -0 r-^-o-^Xi-io-oOx^^c^i^ — i~oinoo— . 
 
 <4 rt^.^<ijo 'SCOiH'*-i'<li-l "S 
 
 The 
 
 Rateable 
 
 Value. 
 
 1878. 
 
 T-<r5t-CJOCii-HO>Hl-O'Mt-?0O.-4Tt(C5 
 
 '^lOoooTjHxcorHX-ot-c-. xor: no 
 
 Ui CS^O^CO T-H_0^t-^0 C0^C0^X^C:^r^O^l--;_rH_ir:_O^rH^ 
 ° <Mr4<N i-t(M(N<X5 r-lt-OCO r-l iHrJ< 
 
 10 
 
 l-l 
 
 
 ■a 
 
 a 
 tJ 
 
 •< 
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 h 
 
 
 
 U 
 H 
 
 The 
 Approximate 
 
 Corporate 
 Indebtedness 
 by loans, &c., 
 as stated by 
 the Municipal 
 Commission- 
 ers in 1835. 
 
 lO 00-«#00 T-t !>! OC^ 
 -# 05~0~^~-^0000~^rtX-o-o-.iOiO 
 _.Crt <N ^5; tH ^5^ tj »0 -^^OC^C^^^O^^r O^rH ^r iJ t> '^-^- 
 <i co'i^i »<; -^iTiO -^"p^'iS -.#" "S '*^ "S rH"C5 
 -* 10 CO 
 
 The 
 Approximate 
 Annual 
 Corporate 
 Expenditure 
 as stated by 
 the Municipal 
 Commission- 
 ers in 1835. 
 
 OOi-0Or-IC0rHOC5OOOOC<JOO<MTf< 
 « b-OXOt-lO-^OOOOOOrHiCOOO 
 
 _j:tj to CO CO T-no co__o^o io_o ic^o^-rj< r-i co (m^ 
 
 ° r-^tO' i-T i-Tr-T 0" 
 '-' iH 1-1 r^ 
 
 -4- 
 
 The 
 
 Approximate 
 
 Annual 
 
 Corporate 
 
 Revenue, as 
 
 stated by the 
 
 Municipal 
 Commission- 
 ers in 1835. 
 
 iH IM 10 X CO X Cs 10 
 c-1 XlOXOfMCOCOOlOt— OOO1— lOO-^O 
 
 ^•:+^ b- « CO r-l o_^o^o -"i^^o o^T-i^-"** iH 10 x^ 
 .9 r-Tc-f -h" o"c<r cT 
 
 
 00 
 
 H C3 
 
 Col. 1. 
 
 Aberystwitli 
 
 Abingdon 
 
 Andover 
 a Aruudel 
 
 Banbury 
 
 Barnstaple 
 a Basingstoke 
 
 Bath 
 
 Beaumaris 
 
 Beccles... 
 
 Bedford 
 
 Berwiclc-on-T\vctd ... 
 a Beverley 
 a Bewdley 
 
 Bideford 
 
 Blandford 
 
 Bodmin 
 Boston ... 
 
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 S5 
 
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 s 
 
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 C3 
 
 H 
 
 Corporate 
 Indebtedness. 
 
 1878. 
 
 Col. 10. 
 
 800 
 Nil 
 Nil 
 Nil 
 128,761 
 Nil 
 6,000 
 Nil 
 47,820 
 11,510 
 40,733 
 1,125 
 1,800 
 Nil 
 Nil 
 391 
 59,096 
 15,899 
 Nil 
 Nil 
 
 Total 
 
 Corporate 
 
 Expenditure. 
 
 1878. 
 
 o 
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 ift-*oiftt^ocOr-iooo»r:!>.c:ift-^iftc-. nco 
 
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 O r-l (M r-l Cq 
 rH 
 
 Total 
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 Income. 
 
 1878. 
 
 O 00 -* O lO -* t^ CO O lO 00 rH O O CO -* ^ r-l IM « 
 
 00 CCrHOCl'*'»CC-*«00rHir;ia(M:0(MrHlCCCrH 
 
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 I— 1 
 
 Income 
 by 
 
 Rents & Tolls. 
 
 1878. 
 
 o 
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 O-^COi-HOlMrHO-^-HClt^-^O «C'-iOt-CO 
 
 r-IXrH:0--HC:C:OC0CCOOr-irH-.irHi-HOXlO 
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 Income by 
 
 Borough 
 
 Rate. 
 
 1878. 
 
 o 
 
 xcoco ooT-HOr:LO'+*c<ico(Mc:ooo»o 
 
 iH lo m ~^ o o c: ift' "M o iM c; ift CO <^ t- o<i o c; -J. 
 
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 The 
 
 Rateable 
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 1878. 
 
 id 
 
 -•^ 
 
 c 
 
 '■J 
 
 t-OOOC^OXCDCqiOOrHC^COCiCOCOOOlO 
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 The 
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 o 
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 lO CO Th ^ 0C50 tJ<OOuOOOXO 
 C<»~o(M-.^0 C-1.^000~^rnOO(MOOi-l»0 
 
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 The 
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 as stated by 
 the Municipal 
 Commission- 
 ers in 1835. 
 
 ot^K:ootooic^r:occor-ios900CiO 
 _■ :+? r^ CO C5 '^ T*f 00 c: c:^(M b-o C"^r-i iri^co t-i^o^ 
 
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 ^1 
 
 The 
 
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 Annual 
 
 Corporate 
 
 Revenue, as 
 
 stated by the 
 
 Municipal 
 Commission- 
 ers in 1835. 
 
 . O «r O Ci O CO i-l 1ft lO CO O O O 1-4 (M CO o o ^ t- 
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 r"? od" rn" c-fr-T rt""^ co" 
 
 » o <^ 
 
 
 
 Bi'econ... 
 
 Bridgnorth 
 
 Bridgwater 
 
 Bridport 
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 Buckingham ... 
 
 Bury St. Edmunds ... 
 
 Calno ... 
 
 Cambridge 
 
 Canterbury 
 
 Cardiff 
 
 Cardigan 
 
 Carlisle ' .. 
 
 Carmarthen 
 
 Carnarvon 
 
 Chard 
 
 Chester 
 
 Chesterfield 
 
 a Chichester 
 
 Chippenham 
 
 212
 
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 221 
 
 SUM3IARY AND COMPARISONS. 
 
 Tables 2 and 3. — Excess of corporate Revenue in 1878 
 
 compared with that of 1835 £3,489,457 
 
 Excess of corporate Expenditure in 1^78 compared 
 
 with that of 1835 £3,282,914 
 
 Excess of corporate Indebtedness in 1878 compared 
 
 with that of 1835 £4,623,709 
 
 (10.) The Public Health and Educational Jurisdictions. 
 
 There can be no more striking proof of the extent to which the 
 unreformed corporations evaded one of the foremost duties associated 
 with the principles of municipal organization, than the disproportion 
 between the corporate expenditure upon sanitary and public works, 
 and the amounts levied and expended under the vast number of 
 local Acts which came into operation as a consequence of the alienation 
 of the self-elected councils from their fellow-citizens. The approxi- 
 mate annual corporate expenditure upon works of paving, lighting, 
 cleansing, &c. was reported in 1835, to be £38,319 ;* the approximate 
 annual sum, levied by Commissioners under local Acts, was stated at 
 £142,594. 
 
 The annexed Table shows the course and application of these local 
 Acts to the date of the passing of the 5 & 6 William IV., c. 76 : — 
 Table 1 (Part IV., Sec. 10.) 
 
 Rbigxs iif WHICH Local Acts wkeb gbantbd. 
 
 Number of 
 
 Boroughs 
 
 which 
 
 obtained 
 
 Local Acts. 
 
 Number of 
 
 Local 
 
 Acts 
 
 obtained. 
 
 Edward III 
 
 Richard II 
 
 Henry V. 
 
 Henry VI. 
 
 Henry VII 
 
 Henry VIII 
 
 Elizabeth 
 
 Charles II 
 
 William and Mary 
 
 William III 
 
 Anne 
 
 George I. 
 George II. 
 
 George III 
 
 George IV. 
 
 William IV 
 
 
 
 
 
 
 1 
 1 
 1 
 3 
 4 
 t 
 
 f) 
 
 4 
 
 3 
 
 10 
 
 9 
 
 10 
 
 31 
 
 119 
 
 81 
 
 18 
 
 1 
 1 
 1 
 4 
 3 
 18 
 12 
 6 
 4 
 7 
 
 10 
 15 
 46 
 401 
 154 
 26 
 
 Totals 
 
 
 
 
 
 ... 
 
 ... 
 
 311 700 
 
 * Many of the still unreformed boroughs were included in this approximation.
 
 222 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 The 75th section of the Municipal Corporations Act enacted, that 
 the " Trustees appointed under sundry Acts of Parliament for 
 paving, lighting, cleansing, watching, regulating, supplying with 
 water and improving " the whole or certain parts of the boroughs 
 named in its schedules, which possessed local Acts for sanitary 
 purposes " may, if it shall seem to them expedient," transfer their 
 powers to the remodelled corporations. For a long time after the 
 passing of the Act the instances of these transfers were very few, 
 but at the present moment the sanitary authority is administered by 
 a body independent of the Town Council in only fourteen* of the 240 
 cities and boroughs governed under it; in some of these places 
 peculiar circumstances have operated to prevent the corporation 
 assuming the sanitary jurisdiction. 
 
 The New Charters' Act (1877) enacts, by section 7, that a 
 "scheme" for incorporating a district shall, in every case, provide 
 for placing the new borough within the jurisdiction of the Council 
 as the sanitary authority. 
 
 An exhaustive abstract of the miscellaneous Acts of Parliament,! 
 which affect municipal corporations as sanitary and educational 
 authorities, will hardly be looked for here. To give portions of the 
 Acts might be misleading rather than useful, and to insert them in 
 their entirety would be an undue encumbrance on our space. The 
 annexed analysis sets out in a comprehensive form the subjects arising 
 under them, and the necessary particulars for facilitating reference. 
 
 l._POWEES AND DUTIES FOR SANITARY PURPOSES. 
 
 (a) Sewage, Privies, Hcavetujing, Nuisances. 
 
 Providing and regulation of sewers and 
 
 drains 
 Use of sewers by manufacturers... 
 Disposal of sewage 
 Sewage works without district ... 
 
 Enforcement of privy accommodation ... 
 Public necessaries in urban disti'icts ... 
 Cleansing streets and houses 
 Cleansing ditches and removal of manure 
 Delinitiou of nuisances ... 
 Procedure for abatement of nuisances . . . 
 Jurisdiction as to nuisances on ships ... 
 Proceedings in case of joint nuisance ... 
 Other I'emedies not affected 
 
 38 and 39 Vict. 
 
 c. 55, ss. 13-26 
 
 39 and 40 Vict. 
 38 and 39 Vict. 
 38 and 39 Vict. 
 
 32-34 
 38 and 39 Vict. 
 38 and 39 Vict. 
 38 and 39 Vict. c. 55', ss. 42-47 
 38 and 39 Vict. c. 55, ss. 48-50 
 38 and 39 Vict. 
 
 c. 10, s. ( 
 
 c. 55, ss. 27-31 
 
 c. 55, ss. 16, 28, 
 
 c. 55, ss. 35-41 
 c. 55, s. 39 
 
 c. 00, s 
 
 91 
 
 38 and 39 Vict. c. 55, ss. 92-109 
 38 and 39 Vict. c. 55, s. 110 
 38 and 39 Vict. c. 55, 
 38 and 39 Vict. c. 55, 
 
 110 
 255 
 111 
 
 * Banbury, Blandford, Calne, Cambridge, Chippeuham, Faversham, Folkestone, 
 Launceston, Lyme Regis, Lymingtou, Morpeth, Oxford, Stratford-upon-Avon, and 
 Wenlock. 
 
 t See page 1 4 and the Appendix.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 223 
 
 1, — Powers and Duties for Sanitary Purposes — continued. 
 
 (a) Smxifje, dx. — continued. 
 
 Olfonsive triidos in urban districts 
 Seizure of unsound food exposed for sale 
 Sanitary regulations as to factories and 
 workshops 
 
 Provisions of Public Health Act to extend 
 to all buildings -where persons em- 
 ployed, wliatever their number 
 
 (6) Water. 
 
 Powers for supply of water 
 
 Power to invest urban authority with 
 
 powers of rural authority 
 Pollution of stream or well 
 
 (c) Cellar .Dwelliiujs and Lodijliuj -houses. 
 Occupation of cellar dwellings ... 
 Commou lodging-houses, registration, re- 
 gulation, and inspection of 
 Houses (not common lodging-houses) let 
 
 in lodgings 
 
 (d) Infectious Disease, Uospitals, Mortuaries. 
 
 Provisions against infection generally ... 
 „ „ „ in lodging-houses 
 
 „ „ „ in canal boats ... 
 
 Prevention of epidemic disease ... 
 Providing hospitals and medicine 
 Removjil of infected persons to hospital 
 Providing mortuaries and places for post- 
 mortem examinations 
 
 Returns to authorities as to deaths 
 
 38 and 39 Vict. c. 55, ss. 112-115 
 38 and 39 Vict. c. 55, ss. 110-119 
 38 and 39 Vict. c. 55, s. 38 ; 39 
 
 and 40 Vict. c. 75, s. 7 ; and 
 
 41 and 42 Vict. c. 16 gener- 
 
 aUy 
 41 and 42 Vict. c. IG, s. 101 ; 
 
 See also 41 and 42 Vict. c. 
 
 74, ss. 7-53 ; and 38 and 39 
 
 Vict. c. 55, 88. 91-92 
 
 38 and 39 Vict .c. 55, ss. 51-07 ; 
 41 and 42 Vict. c. 25, ss. 8, 10 
 41 and 42 Vict. c. 25, s. 11 
 
 38 and 39 Vict. c. 55, ss. 08-70 ; 
 39 and 40 Vict. c. 75. See 
 also 10 and 11 Vict. c. 15, 
 ss. 21-23; 10 and 11 Vict. 
 c. 17, ss. 61-07 ; and 10 
 and 1 L Vict. c. 05, ss. 20-22 
 
 38 and 39 Vict. c. 55, ss. 71-75 
 38 and 39 Vict. c. 55, ss. 76-89 
 
 38 and 39 Vict. c. 55, s. 90 and 
 ss. 10, 91, 97, 109, 128, 129, 
 157. See also 40 and 41 
 Vict. c. 00, ss. 4-5 
 
 38 and 39 Vict. c. 55, ss. 120-130 
 38 and 39 Vict. c. 55, ss. 80, 84, 
 
 80,90 
 40 and 41 Vict. c. 6i\ ss. 4-5 
 38 and 39 Vict. c. 55, ss. 134-140 
 38 and 39 Vict. c. 55, ss. 131-133 
 38 and 39 Vict. c. 55, ss. 123-125 
 38 and 39 Vict. c. 55, ss. 141- 
 143. See also 15 and 16 
 Vict. c. 85, ss. 42, 44 ; and 18 
 and 19 Vict. c. 128, ss. 6, 8 
 37 and 38 Vict. c. 88, s. 28 
 
 2.— CONSTITUTION OF THE DISTRICTS, «feo. 
 
 (c() Constitution and General Provisions. 
 
 Constitution of districts and authorities 
 
 Powers and duties i>f urban authorities 
 Vesting of property in authorities 
 Combination for preventit.)n of epidemics 
 ,, for execution of works 
 
 38 and 39 Vict. c. 55, ss. 5-9. 
 See also 40 and 41 Vict. c. 
 69, s. 7 
 38 and 39 Vict. c. 55, s. 10 
 38 and 39 Vict. c. 55, s. 12 
 j 38 and 39 Vict. c. 55, s. 139 
 ! 38 and 39 Vict. o. 55, s. 285
 
 224 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 2. — Constitution of the Districts, &c. — continued. 
 
 (a) Constitution, Sc. — continued. 
 
 Combination for appointment of medical 
 
 officer of liealth 
 Union of districts under joint board 
 
 Formation of special drainage districts... 
 
 Transfer of powers of improvement com- 
 missioners and local boards to councils 
 of boroughs in districts constituted 
 municipal boroughs 
 
 Transfer to local authorities under Public 
 Health Act of powers of trustees under 
 local Acts 
 
 Contracts by authorities ... 
 
 Purchase of lands, and power to let lands 
 
 Arbitration in disputes ... 
 
 Byelaws, making, confirmation, and evi- 
 dence of 
 
 Officers, appointment, duties, and ac- 
 counts of 
 
 Officers, audit of accounts 
 
 Offices, meetings, and proceedings of 
 authorities, committees, and annual 
 report 
 
 Taxation of bill of costs of solicitor 
 
 Power to enter premises for purj^oses of Act 
 
 Compensation for damage by authorities 
 
 Penalty for damaging property of au- 
 thorities 
 
 Obstructing execution of Act 
 
 Power to proceed under local Acts 
 
 Powers to be in addition to those con- 
 ferred by other Acts, <irc. 
 
 Provisions of Act of 1876 substituted for 
 provisions of repealed enactments re- 
 ferred to in other Acts 
 (fe) Rating and Borrowing Powers. 
 
 Expenses and rates in urban districts ... 
 „ „ „ in connection with 
 
 canal boats 
 
 Expenses of joint board ... 
 
 Borrowing and mortgaging rates 
 Loans by Public Works Loan Commis- 
 sioners 
 
 Borrowing by joint boards and certain 
 
 other authorities 
 Audit of accounts of authorities... 
 Private improvement rates 
 
 Rating of woodlands and plantations . . . 
 Annual returns to Local Government 
 Board 
 
 38 and 39 Vict. c. 55, s. 286 
 
 38 and 39 Vict. c. 55, ss. 279- 
 
 284, 292 
 38 and 39 Vict. c. 55, s. 277 
 38 and 39 Vict. c. 55, s. 310. 
 
 See also 20 and 21 Vict. c. 
 
 50, ss. 1-4 ; and 40 and 41 
 
 Vict. c. 69, ss. 6-7 
 38 and 39 Vict. c. 55, ss. 10, 322 
 
 38 and 39 Vict. c. 55, ss. 173, 174 
 
 38 and 39 Vict. c. 55, ss, 175-178 
 38 and 39 Vict. c. 55, ss. 179-181 
 38 and 39 Vict. c. 55, ss. 182-188 
 
 38 and 39 Vict. c. 55, ss. 189- 
 
 196, 286 
 38 and 39 Vict. c. 55, s. 250 
 38 and 39 Vict. c. 55, ss. 197- 
 
 206, sch. 1. (1) 
 
 38 and 39 Vict. c. 55, s. 249 
 38 and 39 Vict. c. 55, s. 305 
 38 and 39 Vict. c. 55, s. 308 
 38 and 39 Vict. c. 55, ss. 149, 307 
 
 38 and 39 Vict. c. 55, s. 306 
 38 and 39 Vict. c. 55, s. 340 
 38 and 39 Vict. c. 55, s. 341 
 
 38 and 39 Vict, c. 55, s. 313 
 
 38 and 39 Vict. c. 55, ss. 207-228 
 40 and 41 Vict. c. 60, s. 8 
 
 38 and 39 Vict. c. 55, ss. 283, 
 
 284, 292 
 38 and 39 Vict. c. 55, ss, 233-241 
 38 and 39 Vict. c. 55, ss. 242, 
 
 243. 39 and 40 Vict, c, 31, 
 
 s. 6.* 
 38 and 39 Vict. c. 55, s. 244 
 
 38 and 39 Vict. c. 55, ss. 245-250 
 38 and 39 Vict, c. 55, ss. 213- 
 
 215, 268 
 37 and 38 Vict. c. 54, s. 12 
 23 and 24 Vict. c. 51 ; 34 and 
 
 35 Vict. c. 70; and 40 and 
 
 41 Vict. c. 66 
 
 See also the List of Acts at page 14, and the Table at page 205.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 225 
 
 2. — Constitution of the Districts, <fec. — contimicd. 
 
 (c) Legal Proceedinfjs. 
 
 Recovery of penalties and rates, and of 
 expenses from owners ; proceedings 
 against local authorities ; notices and 
 appeal 
 
 38 and 39 Vict. c. 55, ss. 251-2G9 
 
 3.— SPECIAL POWERS AS URBAN SANITARY AUTHORITIES. 
 
 Application of surplus rents of coi-porate pro- 
 perty in borouglis to sanitary purposes 
 
 Powers, duties, expenses, and accounts of au- 
 tliorities as burial boards, and as to burial 
 grounds 
 
 Powers of urban authorities as to suburban 
 commons 
 
 Powers of authorities as to education ... 
 
 Execution of Artizans' and Labourers' Dwel- 
 lings Act 
 
 Execution and adoption of Baths and Wash- 
 houses and Labouring Classes' Lodging 
 Houses Acts 
 
 Powers and duties under Artizans' and La- 
 bourers' Dwellings Improvement Act 
 
 Management of highways, power to adopt and 
 maintain bridges and turnpike roads 
 
 Costs of repair of highways 
 
 Right to minerals under disturnpiked roads or 
 highways 
 
 Vesting and paving of streets and regulation of 
 buildings 
 
 Lighting streets and supplying gas 
 
 Proviiliug places of public recreation and public 
 clocks 
 
 Providing and regulating markets, weighing 
 places, and slaughter-houses 
 
 Police regidations as to street obstnictions, fires, 
 places of public resoi-t, hackney carriages, and 
 public bathing 
 
 Byelaws for licensing horses, boats, &c., for liire 
 
 — t 
 
 ^•o 
 
 23 and 24 Vict. c. IG, s. 12 
 
 17 and 18 Vict. c. 87 ; 18 ~1 
 and 19 Vict. c. 128 ; 20 
 and 21 Vict. c. 81 ; 23 
 and 24 Vict. c. 64; 25 
 and 2G Vict. c. 100 ; and 
 38 and 39 Vict. c. 55 
 
 39 and 40 Vict. c. 5G, s. 8 ' 
 
 39 and 40 Vict. c. 79 
 
 31 and 32 Vict. c. 130 ; 38 and 
 39 Vict. c. 36 ; and 38 and 
 39 Vict. c. 55, s. 10 
 
 14 and 15 Vict. c. 34, and the 
 Acts quoted in foregoing para- 
 graph (for Labourers' Dwell- 
 ings) ; and 41 and 42 Vict. 
 c. 14 (for Baths and Wash- 
 houses) 
 
 31 and 32 Vict. c. 130 ; and 38 
 and 39 Vict. c. 3G 
 
 38 and 39 Vict. c. 55, ss. 144-148 
 
 38 and 39 Vict. c. 55, ss. 216, 217 
 41 and 42 Vict. c. 77, s. 27 
 
 38 and 39 Vict. c. 55, ss. 26, 
 
 149- IGO 
 38 and 39 Vict. c. 55, ss. 161-163 
 38 and 39 Vict. c. 55, ss. 164, 165 
 
 38 and 39 Vict. c. 55, ss. 166-170 
 
 38 and 39 Vict. c. 55, s. 171 
 
 38 and 39 Vict. c. 55, s. 172 
 
 4.— LOCAL AND SPECIAL POWERS IN RELATION TO SANITARY 
 
 OBJECTS. 
 
 Constitution and powers as a port sanitary au- 
 thority 
 Byelaws as to lodging of hop-pickers ... 
 Water supply in Oxford ct Cambridge Universities 
 
 38 and 39 Vict. c. 55, ss. 244, 
 
 287-292 
 38 and 39 Vict. c. 55, s. 314 
 38 and 39 Vict. c. 55, s. 67
 
 226 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 4. — Local and Special Powers in relation to Sanitary Objects — continued. 
 
 Main sewerage and joint sewerage boards 
 
 Boroughs of Oxford, Cambridge, Blandford, 
 
 Calne, Wenlock, Folkestone, and Newport 
 
 (Isle of Wiglit), not boroughs for purposes of 
 
 Act 
 
 Oxford local board ... ... 
 
 Sewage powers of coUegiate bodies and public 
 departments 
 
 Interference with works and property of com- 
 missioners of sewers and land drainage, of 
 Admiralty and War Department, with navi- 
 gation, water rights, mines 
 
 Thames, protection of, from pollution by sewage 
 
 38 and 39 Vict. c. 55, s. 323 
 38 and 39 Vict. c. 55, s. 6 
 
 28 and 29 Vict. c. 108 ; and 38 
 
 and 39 Vict. c. 55 
 38 and 39 Vict. c. 55, s. 335 
 
 38 and 39 Vict. c. 55, ss. 327-334 
 
 29 and 30 Vict. c. 89 principally 
 
 The Tables in this section have been almost exclusively compiled 
 from information supplied by the courtesy of the chief officials of 
 each city and borough, and, so far as the jurisdictions are concerned, 
 are corrected to the end of the month of June, 1879.
 
 
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 238 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 SUMMARY AND COMPARISONS. 
 
 (240 Cities and Boroughs.) 
 
 Tables 2 and 3. — Cities and Boroughs, in which the Town 
 
 Council is the Urban Sanitary Authority ... ... 22G 
 
 Cities and Boroughs in which the Town Council is the Port 
 
 Sanitary Authority ... ... ... ... ... 28 
 
 Cities and Boroughs in which the Urban Sanitary Authority, 
 
 the supply of Gas, the supply of Water, and the Burial 
 
 Board is wholly vested in the Town Council ... ... 24 
 
 Cities and Boroughs in which the Town Council control the 
 
 supply of Gas ... ... ... ... ... ... 56 
 
 Cities and Boroughs in which the Town Council control the 
 
 supply of Water ... ... .., ... ... ... 113 
 
 Cities and Boroughs in which the Town Council act as the 
 
 Burial Board ... ... ... ... ... ... 65 
 
 Cities and Boroughs with a School Board ... ... ... 129 
 
 Cities and Boroughs with a School Attendance Committee ... Ill 
 
 Excess of the Sanitary Authority Income for Public 
 Health purposes in the year ending 1878 over the In- 
 come raised under local Acts in 1834 ... ... £14,169,666 
 
 Total Income of the 240 Cities and Boroughs, as Corpor- 
 ate and Sanitary Authorities, for the year ending 1878 £18,143,070 
 
 Total Expenditure of the 240 Cities and Boroughs, as Cor- 
 porate & Sanitary Authorities, for the year ending 1878 £ 17,263,178 
 
 Total Indebtedness of the 240 Cities and Boroughs, as Cor- 
 porate & Sanitary Authorities, for the year ending 1878 £44,419,350 
 
 PAET V. 
 
 The Unreformed Corporations. 
 
 The Table in this Part contains the names of all those corporations 
 or municipal organizations which were reported upon by the Inquiry 
 Commissioners in 1835, excepting those which were included in the 
 schedules of 5 & 6 William TV., c. 76, and those which have since been 
 incorporated under that statute. The number of places wherein an 
 inquiry was instituted was 285, of which 178 were comprised in the 
 schedules of the Municipal Act, and 7 (Aberavon, Ashton-under- 
 Lyne, Burton-on-Trent, Conway, Hartlepool, Hedon, and Yeovil) 
 have, since it passed, been granted a charter under the provisions of
 
 TllEIll GHOWTll AND DEVELOPMENT, 239 
 
 the Act. The remaininj^ 100 — many of which were municipalities 
 only in name — are set out in the Table following. 
 
 Tlie powers, privileges, and jurisdictions of the boroughs which 
 were not subjected to the process of reformation were, under the old 
 charters or prescriptive customs, retained, and have, in some cases, 
 continued to be exercised to the present time. Little or no notice — 
 legislative or otherwise — was taken of them, outside local circles, 
 until the 29th of February, 1876, when Sir Charles Dilke attracted 
 general attention to their anomalous position by a speech in the 
 House of Commons, which he closed with a motion for the imme- 
 diate abolition of their criminal jurisdictions. The Home Secretary* 
 undertook to consider the question raised, and to ascertain the best 
 mode of dealing with what were, by common acquiescence, described 
 as " the unreformed boroughs," and the motion was thereupon 
 withdrawn. A few weeks later Mr. Cross announced that a Royal 
 Commission would be issued for a renewed inquiry into the state and 
 practice of the corporate bodies named in the First f Report of the 
 Municipal Commissioners of 1835. The Commission was issued in 
 May, 1876 ; and in the early part of the present session (Feb. 24, 
 1879) the chairman (the Right. Hon. S. Cave, M.P.) expressed the 
 hope, from his place in the House of Commons, that the Commis- 
 sioners would be able to present their Report by the following 
 Whitsuntide. 
 
 On the 4th of December, 1877, the appended Report was for- 
 warded to the Treasury by the Secretary of the Commission (Mr. A. 
 G. Liddell) :— 
 
 " A list of 101 boroughs not incorporated under the Municipal llefomi Acts 
 was submitted to the Commissioners by Mr. Secretary Cross. Up to the present 
 date, witnesses have been examined in respect of 79. As to these the investigation 
 is practically concluded except in those instances where, upon further con- 
 sideration, the Commissioners may find fresh evidence or explanation necessary. 
 Separate di-aft Reports have been written on all tlie 79 cases, of which 10 liave 
 been fin.illy agi-eed upon, while the rest are in the course of being settled bj' the 
 Commissioners. In 22 instances where Corporations without possessions have 
 become extinct, or where there is a manorial rather than a municipal body 
 holding no property, the Commissioners have made inquiries by means of letters. 
 In addition to the above-mentioned places, 10 others have, since the commence- 
 ment of the investigation, been suggested to the Commissioners as being of a 
 municipal character. The Commissioners have reserved the consideration of 
 these cases until they have gone through the list furnished by Mr. Secretary 
 Cross." 
 
 * Right Hon. R. A. Cross. 
 
 t The second Report of the Coiniiiissioners of 1835 was confined to the Corpor- 
 ation of the City of London and the City Guilds.
 
 240 
 
 ENGLISH MUNICIPAL INSTITUTIONS j 
 
 The list of 101 places submitted by Mr. Cross is the same as 
 that contained in this Part, excepting only the borough of Burton- 
 upon-Trent, incorporated under the Municipal Acts on Septerober 3rd, 
 1878. The 10 other places suggested to the Commission as being of 
 a municipal character are as follows : — 
 
 PART V. — Table 1. — Places where a Quasi-Municipal Organization 
 IS alleged to be in Legal Existence. 
 
 Places. 
 
 Counties. 
 
 Population 
 
 IN 
 
 Kemaeks upon the alleged cohpoeate 
 
 
 
 1871. 
 
 Chaeactee. 
 
 Alresford ... 
 
 Southampton 
 
 581 
 
 Believed to be a Court Leet, 
 with extended functions 
 
 Bovey Tracey 
 
 Devon 
 
 2,133 
 
 Believed to be a Court Leet only 
 
 Bridlington 
 
 York (E.R.) 
 
 6,203 
 
 A peculiar manor fief 
 
 Chipping Camden 
 
 Gloucester .. 
 
 2,013 
 
 Believed to be a Court Leet only 
 
 Hartland ... 
 
 Devon 
 
 1,871 
 
 Believed to be a Court Leet only 
 
 Lewes (Pari. Boro.) 
 
 Sussex 
 
 110,753 
 
 A Manorial Corporation ; the 
 chief officers are appointed at 
 a Court Leet 
 
 Midhurst (Pari. 
 
 Sussex 
 
 t6,753 
 
 A Court Leet only 
 
 Boro.) 
 
 
 
 
 Tavistock (Pari. 
 
 Devon 
 
 §7,725 
 
 Believed to be a Manorial Court 
 
 Boro.) 
 
 
 
 
 Westminster (Pari. 
 
 Middlesex ... 
 
 246,606 
 
 A Chartered Incorporation, in 
 
 City) 
 
 
 
 which the ecclesiastical au- 
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 the controlling influence 
 
 Winchcomb 
 
 Gloucester . . 
 
 2,293 
 
 Believed to be a Court Leet only 
 
 In view of the probable simultaneous appearance of the Report 
 of the Commissioners and this book, no attempt has been made 
 to give any recent statistics in this Part beyond those of the 
 population in 1871. The information contained in the Table may, 
 however, provide useful and convenient points for comparison with 
 that of later date obtained by the labour and inquiries of the Com- 
 missioners. 
 
 t Population of the Parliamentary borough; that of Lewes proper is 10,431. 
 X Population of the Parliamentary borough; that of Midhurst proper is 1,465. 
 § Population of the Parliamentary borough; that of Tavistock proper is 7,781.
 
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 (N
 
 254 ENGLISH MUNICIPAL INSTITUTIONS; 
 
 PART YI. 
 
 Populous Districts not under Municipal Government. 
 
 The Tables of the Census Returns of 1871 give a list of 938 places 
 in England and Wales, which, in the opinion of the Registrar- 
 General and his assistants, were to be classed as "towns." They 
 comprised municipal boroughs, places under Improvement Acts for 
 sanitary purposes, and places of 2,000 or more inhabitants. 
 
 Of the 938 towns in 1871, only 224 had a true municipal organiza- 
 tion, or, rather were governed under the Municipal Corporations Act 
 of 1835. 
 
 It is difficult to conceive the reason for so small a growth of 
 municipal organizations from 1835 to 1871 ; the increase being only 
 forty-six in thirty-six years. The Public Health Act, 1875, forms so 
 complete a code of sanitary self-government law for local adminis- 
 tration by "Urban" authorities, which it also established in 
 principle, that a certain indiiference to the acquirement of corporate 
 privileges could not now be regarded as affording matter for much 
 surprise ; but, curiously enough, the three years following the passing 
 of that Act shew a greater increase in the applications for and grants 
 of municipal charters of incorporation than any like period from 
 the year 1835. The charters issued in 1876 were four; in 1877, 
 three; and in 1878, four. With the exception of the year 1868, 
 when five charters were granted, the numbers for 1876 and 1878 
 have not been exceeded. The liability of the promoters of a corporate 
 establishment to be saddled with the whole of the costs of an a23plica- 
 tion for a charter, if it proved to be unsuccessful, no doubt contributed 
 to the apathy regarding the acquisition of the large advantages 
 offered by the Municipal Act. The New Charters Act of 1877 
 lessened this liability by enacting that (s. 7) "if the committee 
 of Council (Privy Council) are satisfied that a local authority or other 
 petitioners have properly promoted or properly 023posed 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 b}^ the 
 local authority in the execution of their duties, the Committee of 
 Council may order such costs to be paid, and these costs shall be paid 
 accordingly." The facilities for obtaining a charter provided by this 
 Act will, it is believed, eventually lead to a large addition to the 
 number of petitions for charters of incorporation.
 
 THEIR GROWTH AND DEVELOPMENT. 255 
 
 The number of Urban Sanitary Authorities in England and Wales 
 in December, 1878, exclusive of the Metropohtan Sanitary Authori- 
 ties, was 945. Deducting the 240 boroughs, governed under the 
 5 & G William IV., c. 70, there would be 705 "urban " districts in 
 which a corporate organization under the Act was unknown, but as 
 fourteen out of the 240 borouglis have a sanitary authority distinct 
 from tlie town council, the total number of urban sanitary authorities, 
 exclusive of those vested in town councils, was 719. 
 
 The annexed List gives the whole of the urban sanitary authorities 
 with a population above 3,000, in each county of England and Wales, 
 with the exception of those vested in town councils and those 
 co-existing with a town council, but distinct from it. The municipal 
 and sanitary districts of the last-named authorities are in almost every 
 case conterminous. The parliamentary boroughs of the metropolis 
 are set oiit in preference to the sanitary authorities, which are very 
 numerous and, in some instances, extremely circumscribed. The 
 municipal borough with the smallest population is Iledon, where the 
 inhabitants in 1871 numbered 996. The municipal boroughs, with a 
 population (according to the census of 1871) under 3,000, are 
 seventeen in number. 
 
 URBAN SANITARY DISTRICTS (exclusive of Municipal Boroughs 
 
 GOVERNED UNDER 5 AND 6 WiLLIAM IV., C. 76) IN ENGLAND AND WaLES, 
 WITH A POPULATION EXCEEDING 3,000, ACCORDING TO THE CeNSUS OF 1871. 
 
 i^° The Boroughs of Banbury, Blandford, Calne, Cambridge, Chippenham, Favershaui , 
 Folkestone, Launceston, Lyme Regis, Lymington, Morpeth, Oxford (City), Stratford- 
 on-Avon and Wenlock have the Urban Sanitary Autliority vested in a Local Board 
 or Improvement Commissioners, independent of the Town Council ; the names of 
 these places are, however, omitted in this List. 
 
 (d) I'arli.inientary Boroughs. 
 
 Bedford ... None Chester 
 
 Altrincham ... ... 8,478 
 
 Berks 
 
 Wantage 3,295 
 
 Buckingham 
 
 (a) Aylesbury ... ... 6,962 
 
 t Chippiug\Vvcombe(Parish) 5,681 
 
 Slough ...' 4,509 
 
 Camrridge 
 
 Chatteris 4,749 
 
 Ely (City) 8,166 
 
 March 5,854 
 
 Wliittlesey . ... 4,297 
 
 Bollingtoii 
 
 3,668 
 
 Bredbuiy 
 Dukinlield 
 
 3,596 
 .. 14,085 
 
 Higher Bebington 
 
 3,172 
 
 Hyde 
 
 Lower Bebington 
 Lymm ... 
 
 Marple 
 
 Middle wich 
 
 .. 28,347 
 3,768 
 4,541 
 4,100 
 3,085 
 
 Nantwich 
 North wicli 
 Runcorn... 
 
 ... 6,673 
 ... 10,500 
 ... 12,443 
 
 Side 
 
 5,573 
 
 f This District is in addition to that of tiie Municipal Borough, and forms part of 
 the Parliamentiiry Borougli of the same name.
 
 256 
 
 ENGLISH MUNICIPAL INSTITUTIONS J 
 
 Chester — continued. 
 
 
 Durham 
 
 
 Sandbach 
 
 5,259 
 
 Barnard Castle ... 
 
 4,306 
 
 Wallasey... 
 
 14,944 
 
 Benfield Side ... 
 
 4,432 
 
 Winsford 
 
 7,615 
 
 Bishop's Auckland 
 
 8,736 
 
 Cornwall 
 
 Camborne 
 t Falmouth (Local Board) 
 
 Phillack 
 
 Redruth ... 
 
 St. Austell 
 
 
 Blaydon... 
 
 8,875 
 
 14,928 
 5,177 
 4,165 
 
 10,685 
 3,803 
 
 Brandon and Bysliottles 
 Consett ... 
 Dawdon ... 
 
 Felling 
 
 Hebburn 
 Houghton-le-Spring ... 
 
 4,273 
 
 5,991 
 9,031 
 13,755 
 8,000 
 5,276 
 
 Cumberland 
 
 
 Ledgate ... 
 
 3,677 
 
 Cleator Moor ... 
 
 5,529 
 
 Ryton 
 
 3,351 
 
 (a) Cockermouth ... 
 
 5,115 
 
 Shildon & East Tliicklay 
 
 10,000 
 
 Holme Cultram 
 
 4,087 
 
 South wick 
 
 5,937 
 
 Maryport 
 
 7,443 
 
 Spennymoor 
 
 4,627 
 
 Millom 
 
 3,500 
 
 Stanhope 
 
 7,000 
 
 Penrith ... 
 
 8,317 
 
 Tow Law 
 
 4,968 
 
 (a) Whitehaven 
 
 17,003 
 
 West Hartlepool 
 
 21,110 
 
 Wigton ... 
 
 3,425 
 
 Wickliam 
 
 6,483 
 
 Workington 
 
 7,9 r9 
 
 Essex 
 
 
 Derby 
 
 
 Braintree 
 
 4,790 
 
 Alf reton ... 
 
 3,680 
 
 Chelmsford 
 
 9,209 
 
 Belper ... 
 
 8,527 
 
 Halstead... 
 
 5,783 
 
 Brampton and Walton... 
 
 7,043 
 
 Leyton ... 
 
 11,000 
 
 Buxton ... 
 
 3,717 
 
 Romford... 
 
 6,335 
 
 Clay Lane 
 
 4,802 
 
 Waltham Holy Cross ... 
 
 5,197 
 
 Heauor 
 
 4,888 
 
 Walthamstow ... 
 
 11,094 
 
 Ilkeston ... 
 
 9,662 
 
 Wanstead 
 
 5,113 
 
 Long Eaton 
 
 3,200 
 
 West Ham 
 
 62,919 
 
 Matlock... 
 
 3,834 
 
 Witham ... 
 
 3,347 
 
 Newbold and Dunston... 
 
 4,590 
 
 Woodford 
 
 4,609 
 
 New Mills 
 
 6,600 
 
 
 
 Ripley ... 
 
 5,639 
 
 Gloucester 
 
 
 Whittington 
 
 5,578 
 
 Bisley 
 
 4,985 
 
 Wirksworth 
 
 3,338 
 
 Charlton Kings 
 
 3,680 
 
 Devon 
 
 
 («) Cirencester 
 
 4,685 
 
 Crediton 
 
 4,222 
 
 Leckhampton ... 
 
 3,265 
 
 Dawlish ... 
 
 3,622 
 
 St. George 
 
 16,209 
 
 JEast Stonehouse 
 
 14,585 
 
 (a) Stroud ... 
 
 7,082 
 
 Exmouth 
 
 5,;i4 
 
 
 
 Ilfracombe 
 
 4,721 
 
 Hereforp 
 
 
 Lower Brixham ... 
 
 4,941 
 
 Kington... 
 
 3,110 
 
 Northam... 
 
 4,330 
 
 
 
 Ottery St. Mary 
 
 4,110 
 
 Hertford 
 
 
 Paignton 
 
 3,590 
 
 Barnet ... 
 
 3,720 
 
 St. Mary Church 
 
 4,472 
 
 Bishop Stortford 
 
 6,250 
 
 St. Thomas Apostle 
 
 5,156 
 
 Cheshunt 
 
 7,518 
 
 Sidmouth 
 
 3,360 
 
 Hitchin ... 
 
 7,630 
 
 Teignmouth 
 
 6,751 
 
 Tring 
 
 4,045 
 
 Torquay... 
 
 21,657 
 
 Ware 
 
 4,917 
 
 Wolborough 
 
 6,082 
 
 Watford 
 
 7,461 
 
 Dorset 
 
 
 
 
 Portland... 
 
 9,907 
 
 Huntingdon 
 
 
 Sherborne 
 
 5,545 
 
 St. Neots 
 
 4,598 
 
 t This District is in addition to that of the Municipal Borough, and forms part of 
 the Parliamentary Borough of Penryn and Falmouth. 
 
 J Forms p.irt of the Parliamentary Borough of Devonport.
 
 THEIR GROWTH AM) DEVELOPMENT. 
 
 257 
 
 Kent 
 
 
 L AN CAST E R — continued. 
 
 
 Parliamentary Borowjh (which in- 
 
 Haslingden 
 
 14,000 
 
 chides 4 Metropolitan 
 
 Sanitary 
 
 Haughton-by-Denton ... 
 
 4,276 
 
 Authorities). 
 
 
 Haydock... 
 
 5,286 
 
 (a) Greenwich 
 
 169,361 
 
 Heaton Norris ... 
 
 3,294 
 
 
 
 Hey wood 
 
 21,248 
 
 Extra - Metropolitan for 
 
 Urban) 
 
 Hindley 
 
 10,627 
 
 Sanitary Antkorities. 
 
 
 Horwich... 
 
 3,671 
 
 Asliford ... 
 
 8,458 
 
 Hur.st 
 
 5,342 
 
 Beckenliam 
 
 6,090 
 
 Huyton-with-Roby 
 
 3,225 
 
 Bromley ... 
 
 10,674 
 
 Ince-in-Makertield 
 
 11,989 
 
 (a) Cliatham... 
 
 26,184 
 
 Kearsley... 
 
 5,830 
 
 Dartford... 
 
 8,298 
 
 Kirkhani 
 
 3,593 
 
 Erith 
 
 8,289 
 
 Lathom ... 
 
 3,659 
 
 Gillingham 
 
 19,757 
 
 Leigh 
 
 17,621 
 
 Milton-next-Sittingbourne 3,463 
 
 Leyland ... 
 
 3,839 
 
 Northfleet 
 
 6,515 
 
 Littleborough ... 
 
 7,934 
 
 Ramsgate 
 
 20,000 
 
 Little Hulton 
 
 4,085 
 
 Sevenoaks 
 
 4,118 
 
 Little Lever 
 
 4,204 
 
 Sheerness 
 
 13,956 
 
 Lytham ... 
 
 3,257 
 
 Sittingboume 
 
 6,148 
 
 Middleton and Tonge ... 
 
 14,587 
 
 Soutliborough 
 
 3,468 
 
 Milnrow 
 
 5,505 
 
 Tunbridge 
 
 8,209 
 
 Mossley ... 
 
 10,578 
 
 Tunbridge Wells 
 
 19,410 
 
 Moss Side 
 
 5,311 
 
 Walmer ... 
 
 3,816 
 
 Much Woolton ... 
 
 4,643 
 
 Woolwich 
 
 35,548 
 
 Nelson ... 
 
 5,580 
 
 Wrotham 
 
 3,201 
 
 Newton Heath 
 
 18,103 
 
 
 
 Newton-in-Makerfield ... 
 
 8,244 
 
 Lancaster 
 
 
 Openshaw 
 
 11,108 
 
 Ashton-in-Makerfield ... 
 
 7,463 
 
 Onuskirk 
 
 6,1-27 
 
 Aspull ... 
 
 6,390 
 
 Orrell 
 
 3,561 
 
 Astley Bridge 
 
 4,559 
 
 Oswaldtwistle 
 
 10,283 
 
 Atherton 
 
 7,531 
 
 Padiham... 
 
 6,675 
 
 Audenshaw 
 
 6,000 
 
 Pemberton 
 
 10,374 
 
 Bacup 
 
 17,199 
 
 Poidton, (ire. 
 
 3,005 
 
 Barton, Eccles, Wintou 
 
 
 Prescot ... 
 
 5,990 
 
 and Monton ... 
 
 18,915 
 
 Prestwich 
 
 6,820 
 
 Billinge ... 
 
 3,830 
 
 Rudclifl'e... 
 
 11,446 
 
 Birkdale 
 
 3,375 
 
 Rainford... 
 
 3,170 
 
 Blackrod 
 
 5,796 
 
 Ramsbottom 
 
 4,204 
 
 Bradford... 
 
 7,168 
 
 Rawtenstall 
 
 13,000 
 
 Brierlield 
 
 3,115 
 
 Royton 
 
 7,794 
 
 Castleton 
 
 4,000 
 
 Rusholme 
 
 7,430 
 
 Chadderton 
 
 12,205 
 
 Skelmersdale 
 
 3,171 
 
 Chorley ... 
 
 16,864 
 
 Standish-with-Langtree 
 
 3,698 
 
 Clayton-le-Moors 
 
 5,390 
 
 Stretford 
 
 11,945 
 
 Colne and Marsden 
 
 7,335 
 
 Swinton and Pendlebury 
 
 14,052 
 
 Crompton 
 
 7,302 
 
 Todmorden 
 
 11,998 
 
 Crumpsall 
 
 5,342 
 
 ToxtethPark 
 
 5,450 
 
 Dalton-in-Furnes3 
 
 11,000 
 
 Turton 
 
 5,000 
 
 Denton 
 
 5,117 
 
 Tyldesley, <fec 
 
 6,408 
 
 Droylsden 
 
 6,768 
 
 Ulverston 
 
 9,197 
 
 Failsworth 
 
 5,685 
 
 UphoUand 
 
 4,158 
 
 Famwoilh 
 
 13,550 
 
 Walton-le-D.ile 
 
 8,187 
 
 Fleetwood 
 
 4,428 
 
 ■\Valton-on-Hill 
 
 6,449 
 
 Fulwood 
 
 3,079 
 
 Waterloo- with- Seafortli 
 
 6,168 
 
 Garston ... 
 
 7,840 
 
 Wavertree ... ..< 
 
 7,810 
 
 Gorton ... 
 
 21,616 
 
 West Derby 
 
 27,292 
 
 Great Harwood... 
 
 4,907 
 
 Westhoiighton ... 
 
 6,609
 
 258 
 
 ENGLISH MUNICIPAL INSTITUTIONS ; 
 
 Lancaster — continued. 
 
 
 Middlesex — continued. 
 
 
 WHiitefield 
 
 9,054 
 
 Uxbridge 
 
 7,497 
 
 Whitworth 
 
 10,700 
 
 Willesden 
 
 .. 15,869 
 
 Widnes ... 
 
 *14,359 
 
 
 
 Withington 
 
 10,217 
 
 Monmouth 
 
 
 Wuerdle and Wardle . . . 
 
 3,856 
 
 Abergavenny 
 
 4,803 
 
 
 
 Abersychan 
 
 ... 14,569 
 
 Leicester 
 
 
 Abertillery 
 
 5,696 
 
 Ashby-de-la-Zouch 
 
 7,302 
 
 Blaenavon 
 
 9,736 
 
 Ashby Woulds 
 
 3,081 
 
 Chepstow 
 
 3,347 
 
 Belgrave... 
 
 t2,049 
 
 Ebbw Vale 
 
 .. 10,000 
 
 Hinckley 
 
 6,902 
 
 Pontypool 
 
 4,834 
 
 Loughborough ... 
 
 11,588 
 
 Rhymney 
 
 8,138 
 
 Melton Mowbray 
 
 5,011 
 
 Risca 
 
 7,000 
 
 Whitwick 
 Lincoln 
 
 4,277 
 
 Tredegar 
 Norfolk 
 
 .. 12,389 
 
 Barton-upon-Hnmber . . . 
 
 4,332 
 
 Diss 
 
 3,851 
 
 Brigg 
 
 3,112 
 
 East Dereham ... 
 
 5,107 
 
 Crowle 
 
 3,813 
 
 Swaffliam 
 
 3,700 
 
 Gainsborough ... 
 
 7,564 
 
 Wells 
 
 3,044 
 
 Goole 
 
 Holbeach 
 
 Horncastle 
 
 Sleaford (New) 
 
 Spalding... 
 
 Spittlegate 
 
 7,680 
 5,332 
 4,865 
 4,470 
 9,111 
 5,304 
 
 for 
 
 258,050 
 452,484 
 362,378 
 74,897 
 477,532 
 391,790 
 246,606 
 UrbanJ 
 
 Middlesex 
 
 Parliamentary Boroughs (which in 
 
 elude 34 Metropolitan Sanitary Dis 
 
 trictsj. 
 
 (a) Chelsea ... 
 
 (a) Finsbury 
 
 (a) Hackney... 
 
 (a) London (City) ... 
 
 (a) Marylebone 
 
 («) Tower Hamlets... 
 
 (a) Westminster (City) 
 
 Extra - Metropolitan 
 
 Sanitary Authorities. 
 
 Acton ... ... ... 8,306 
 
 Brentford 11,071 
 
 Chiswick 8,508 
 
 Ealing 9,959 
 
 East Barnet 4,500 
 
 Edmonton 13,860 
 
 Enfield 16,054 
 
 Fincliley 7,147 
 
 Harrow 4,997 
 
 Heston and Isleworth ... 19,927 
 Hornsey... ... ... 11,746 
 
 South Hornsey ... ... 7,611 
 
 Staines 3,464 
 
 Teddington 4,063 
 
 Tottenham +22,869 
 
 Twickenham 10,533 
 
 Northampton 
 
 Hardingstone ... ... 5,000 
 
 Kettering 7,184 
 
 WeUingborough 9,385 
 
 Northumberland 
 
 Alnwick and Canongate 6,218 
 
 Bedlingtonshire... ... 13,949 
 
 Cowpen ... ... ... 6,464 
 
 Cranilington ... ... 4,167 
 
 Hexliam... ... ... 5,331 
 
 Walker 8,888 
 
 WaUsend 4,169 
 
 Willington Quay ... 4,096 
 
 Nottingham 
 
 Arnold 4,634 
 
 Beeston 3,500 
 
 HucknaU Torkard ... 4,257 
 
 Mansfield 11,824 
 
 Sutton-in-Ashfield ... 7,574 
 
 Worksop 10,409 
 
 Oxford 
 
 Bicester ... ... ... 3,300 
 
 Henley 4,523 
 
 Rutland ... ... ... None 
 
 Salop 
 
 Broseley... ... ... 4,630 
 
 Dawley 11,254 
 
 Newport 3,202 
 
 Wellington 5,926 
 
 Whitechurch & Dodington 3,696 
 
 * Now estimated at 22,000. f Now estimated at 7,200. J Now estimated at 30,000.
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 259 
 
 Somerset 
 Clevedon 
 
 (a) Fromo 
 
 Midsomer Norton 
 Shepton Mallet... 
 Wellington 
 Weston-super-Mare 
 
 Southampton (Hants) 
 Aldershot 
 Alton 
 Alverstoke 
 Bournemouth ... 
 Farehani... 
 
 St. Helen's (Isle of W.) 
 Shirley ... 
 
 Ventnor (Isle of Wight) 
 West Cowes (Isle of W.) 
 
 Stafford 
 
 Audley ... 
 
 Bilston ... 
 
 Brierley HiU 
 
 Brownhill 
 
 Cannock... 
 
 Coseley ... 
 
 Darlaston 
 
 Fenton ... 
 
 Handsworth 
 
 Harborne 
 
 Kidsgrovo 
 
 Leek 
 
 Quariy Bank 
 
 Rowley Regis ... 
 
 Rugeley ... 
 
 Sedgley Upper ... 
 
 Smallthorne 
 
 Smethwick 
 
 Stone 
 
 Tipton 
 
 TunstaU ... 
 (a) Wednesbury 
 Wednestield 
 
 Wednesfield (Heath Town) 
 West Bromwich 
 Willenhall 
 
 Suffolk 
 
 Hadleigh 
 Lowestoft 
 Newmarket 
 Stowmarket 
 
 Surrey 
 
 Parliamentary Boroiighs fwhich in- 
 chide 9 Metropolitan Sanitary Au- 
 thorities). 
 
 (a) Lambeth 379,048 
 
 (a) Southwark 208,725 
 
 4,039 
 8,957 
 4,010 
 4,3G3 
 5,119 
 10,470 
 
 21,682 
 4,092 
 
 23,000 
 5,90G 
 7,023 
 3,500 
 5,339 
 4,841 
 5,730 
 
 8,929 
 24,188 
 11,046 
 
 3,308 
 
 6,665 
 22,900 
 14,416 
 10,299 
 14,359 
 
 5,105 
 
 4,162 
 11,331 
 
 6,632 
 23,534 
 
 3,375 
 14,455 
 
 3,609 
 17,158 
 
 6,000 
 29,445 
 13,540 
 25,030 
 
 3,730 
 
 5,268 
 47,918 
 15,902 
 
 3,575 
 
 15,246 
 
 4,534 
 
 4,097 
 
 Surrey — continued. 
 
 Extra - Metropolitan (or TJrhanJ 
 
 Sanitary Authorities. 
 
 Croydon... ... ... *55,652 
 
 Epsom 6,276 
 
 Farnham 4,461 
 
 Ricluuond ... ... 15,113 
 
 Surbiton.,, 7,642 
 
 Wimbledon 9,087 
 
 Sussex 
 
 Battle 3,495 
 
 Eastbourne ... ... 10,361 
 
 (a) Horsham ... ... 5,720 
 
 Hove 11,279 
 
 (a) Lewes 6,010 
 
 Littlehampton ... ... 3,272 
 
 (a) Shoreham (New) ... 3,678 
 
 Worthing 7,413 
 
 Warwick 
 
 Kenil worth 3,335 
 
 Manor of Aston . . . 33,948 
 
 Nuneaton 7,399 
 
 Rugby 8,385 
 
 Saltley 4,120 
 
 Stratford-on-Avon ... 7,183 
 
 Westmoreland None 
 
 Wilts 
 
 Bradford-on-Avon ... 4,871 
 
 Calne 3,333 
 
 Chippenham ... ... 3,936 
 
 (a) Mahiiesbury 3,123 
 
 Swindon (New Town)... 7,628 
 
 Swindon (Old Town) ... 4,092 
 
 Trowbridge 11,508 
 
 Warminster ... ... 5,786 
 
 Worcester 
 
 Balsall Heath 13,615 
 
 Bromsgrove — 
 
 Town District ... 6,967 
 
 Country District ... 4,820 
 
 Lower Mittou 3,081 
 
 Malvern 5,693 
 
 Oldbury 16,410 
 
 Redditch ... ... 6,135 
 
 Stourbridge 9,376 
 
 York 
 
 East Riding — 
 
 Bridlington 6,203 
 
 Cottingham 4,010 
 
 Great Driffield 5,067 
 
 Newington ... ... 4,000 
 
 * Now estimated at 70.000. 
 
 s 2
 
 260 
 
 ENGLISH MUNICIPAL INSTITUTIONS 
 
 York — continued. 
 
 
 YoKK — contimied. 
 
 
 North Biding — 
 
 
 Pudsey 
 
 .. 13,976 
 
 Guisborough 
 
 5,202 
 
 Queensbury 
 
 6,012 
 
 Lofthouse 
 
 5,000 
 
 Quick Mere 
 
 3,358 
 
 Malton 
 
 8,168 
 
 Rastrick ... 
 
 5,896 
 
 Normanby 
 
 3,556 
 
 Rawniarsh 
 
 6,869 
 
 Omiesby... 
 
 4,080 
 
 Rothwell... 
 
 ... 3,733 
 
 Pickering 
 
 3,689 
 
 Selby 
 
 6,193 
 
 South Stockton... 
 
 6,764 
 
 Shelf 
 
 3,091 
 
 (rt) Whitby 
 
 12,460 
 
 Shipley 
 
 .. 11,757 
 
 IFest Riding — 
 
 
 Skipton ... 
 
 6,042 
 
 Baildon ... 
 
 4,784 
 
 SoothiU (Nether) 
 
 4,927 
 
 Bingley (Local Board)... 
 
 9,062 
 
 Soothill (Upper) 
 
 3,469 
 
 Bingley (Improvement Cora 
 
 L.) 6,890 
 
 Southowram 
 
 3,091 
 
 Birstal ... 
 
 6,044 
 
 Sowerby ... 
 
 ... 6,079 
 
 Brighouse 
 
 6,370 
 
 Sowerby Bridge 
 
 7,041 
 
 Claverley 
 
 3,195 
 
 Soyland ... 
 
 3,264 
 
 Castleford 
 
 6,268 
 
 Stocksbridge 
 
 3,725 
 
 Clayton... 
 
 4,074 
 
 Swinton ... 
 
 5,150 
 
 Cleckheaton 
 
 6,583 
 
 ThornhiU 
 
 5,285 
 
 Darton ... 
 
 5,197 
 
 Thornton 
 
 5,674 
 
 Denholme Gate... 
 
 3,469 
 
 Tong 
 
 3,740 
 
 Drighlington 
 
 4,388 
 
 Warley ... 
 
 :s,341 
 
 Eccleshill 
 
 5,622 
 
 Whitwood 
 
 3,342 
 
 EUand 
 
 6,432 
 
 Wilsden ... 
 
 3,127 
 
 Farsley ... 
 
 3,829 
 
 Windhill 
 
 5,783 
 
 Gildersome 
 
 3,448 
 
 WombweU 
 
 5,009 
 
 Golcar ... 
 
 6,033 
 
 Wooldale 
 
 4,454 
 
 Gomersal 
 
 4,000 
 
 Worsborongh . . . 
 
 6,030 
 
 Greasborough ... 
 
 3,685 
 
 Yeadou 
 
 5,246 
 
 Greetland 
 
 4,114 
 
 
 
 Guiseley... 
 
 3,185 
 
 Anglesey 
 
 
 Handsworth 
 
 5,783 
 
 Holyhead 
 
 5,916 
 
 Harrogate (High & Low) 
 
 6,843 
 
 
 
 Hebden Bridge ... 
 
 3,894 
 
 Brecknock 
 
 
 Heckmondwike ... 
 
 8,300 
 
 Brynmawr 
 
 ... 5,739 
 
 Honley ... 
 
 4,906 
 
 
 
 Horbury... 
 
 3,977 
 
 Cardigan 
 
 None 
 
 Horsf orth 
 
 6,000 
 
 
 
 Idle 
 
 6,253 
 
 Carmarthen 
 
 
 Keighley 
 
 19,775 
 
 LlaneUy ... 
 
 ... 14,973 
 
 Kirkburton 
 
 3,442 
 
 
 
 (a) Knaresboroiigh, (fee. 
 
 5,205 
 
 Carnarvon 
 
 
 Linthwaite 
 
 5,047 
 
 Bangor ... 
 
 3,722 
 
 Liversedge 
 
 11,101 
 
 Bethesda 
 
 6,297 
 
 Longwood 
 
 4,055 
 
 Ynyscynhairn . . . 
 
 4,367 
 
 Meltham 
 
 4,229 
 
 
 
 Methley 
 
 3,267 
 
 Denbigh 
 
 None 
 
 Mexborough 
 
 4,316 
 
 
 
 Midgley 
 
 3,065 
 
 Flint 
 
 
 Mirfield 
 
 12,000 
 
 Holywell 
 
 3,540 
 
 Morley ... 
 
 9,607 
 
 Mold 
 
 3,978 
 
 Normanton 
 
 8,000 
 
 Rhyl 
 
 4,229 
 
 North Brierley ... 
 
 14,433 
 
 
 
 Northowram 
 
 3,725 
 
 Glamorgan 
 
 
 Oakworth 
 
 5,683 
 
 Aberdare 
 
 ... 36,112 
 
 Ossett-cum-Gawthorpe 
 
 9,190 
 
 Bridgend 
 
 3,539 
 
 Oiiey 
 
 5,855 
 
 Briton Ferry ... 
 
 4,803 
 
 Ovenden... 
 
 7,371 
 
 Maesteg ... 
 
 5,836
 
 THEIR GROWTH AND DEVELOPMENT. 
 
 261 
 
 Glamorgan — continued. 
 
 
 Montgomery 
 
 
 (a) Merthyr TydfU ... 
 
 ... 51,040 
 
 Newton <Si Llanllwchairn 
 
 4,874 
 
 Mountaiu Ash ... 
 
 .. 7,457 
 
 
 
 Oystermouth 
 
 4,000 
 
 
 
 Penarth .. 
 
 5,000 
 
 Pembroke 
 
 
 Pontypridd 
 Ystradyf odwg . . . 
 
 8,000 
 .. 16,914 
 
 Milford 
 
 3,252 
 
 Merioneth 
 
 
 
 
 Towyn 
 
 .. 3,307 
 
 Radnor 
 
 None
 
 APPENDIX. 
 
 Acts of Parliament quoted or referred to in this Work as wholly or 
 
 PARTLY AFFECTING MUNICIPAL CORPORATIONS GOVERNED UNDER THE 5tH 
 
 AND Gtii William IV. c. 76. 
 
 The Acts (|iiot('(l in Ittilic are those known as the " Municipal Corporations Acts." 
 (M.B.) in tlio coiiunn headed Subject Matter means Municipal Borough. 
 
 
 
 
 If repealed or part re- 
 
 Year. 
 
 Chapter. 
 
 Subject Matter. 
 
 pealed by subsequent 
 legislation. 
 
 5 and 6 IVilliam IV. (1835^ 
 
 ) 76 
 
 M. B. General 
 
 In part 
 
 6 and 7 fVilliam IV. (183G; 
 
 ) 103 
 
 M. B. Miscellaneous 
 
 
 6 and 7 William IV. (1836^ 
 
 ) 104 
 
 M. B. Miscellaneous ... 
 
 In part 
 
 6 and 7 William IV. (1830^ 
 
 ) 105 
 
 M. B. Miscellaneous ... 
 
 In part 
 
 7 Will. IV., (fe 1 Vict. (1837' 
 
 ) 19 
 
 M. B. Quarter Sessions 
 
 In part 
 
 7 Will. IV. £ 1 Vict. (1837 
 
 ) 78 
 
 M. B. General 
 
 In pai-t 
 
 7 Will. IV. £ 1 Vict. (1837 
 
 ) 81 
 
 M. B. Rite 
 
 In part 
 
 1 and 2 Victoria (1838) .. 
 
 31 
 
 M. B. Benefice 
 
 In part 
 
 1 and 2 Victoria (1838) .. 
 
 35 
 
 M. B. Stamps 
 
 
 2 and 3 Victoria (1839) .. 
 
 15 
 
 M. B. Courts 
 
 In part 
 
 2 a7id 3 Victoria (1839) .. 
 
 27 
 
 M. B. Watch Rate ... 
 
 In part 
 
 •d and 4: Victoria (ISiO) .. 
 
 28 
 
 M. B. Watch Rate ... 
 
 In part 
 
 4 and 5 Victoria (1841) .. 
 
 28 
 
 M.B. Poor Rate 
 
 In part 
 
 5 and 6 Victoria (1842) .. 
 
 48 
 
 Quarter Sessions 
 
 In part 
 
 6 and 6 Victoria (1842) .. 
 
 38 
 
 Prosecutions ... 
 
 In part 
 
 5 and 6 Victoria {18A2) .. 
 
 98 
 
 M. B. Sheriffs 
 
 In part 
 
 6 ami 7 Victoria (IS-iS) .. 
 
 104 
 
 M.B. General 
 
 In part 
 
 8 and 9 Victoria (1845) .. 
 
 89 
 
 Sale of Land 
 
 In part 
 
 8 and 9 Victoria (1845) .. 
 
 18 
 
 M. B. Rates 
 
 In part 
 
 9 and 10 Victoria (1846) .. 
 
 110 
 
 Stipendiary (Wolver- 
 
 
 
 65 
 
 hampton) 
 
 
 9 and 10 Victoria (1846) .. 
 
 74 
 
 Baths, (tc 
 
 In part 
 
 11 and 12 Victoria (1848).. 
 
 93 
 
 Incorporation 
 
 
 12 and 13 Victoria (1849).. 
 
 18 
 
 M. B. Sessions, ttc. 
 
 
 12 and 13 Victoria (1849) .. 
 
 65 
 
 M. B. Rates ... 
 
 In part 
 
 13 ami 14 Victoria (1850) . 
 
 42 
 
 M. B. Incorporation 
 
 
 13 aiid 14 Victoria (1850).. 
 
 64 
 
 M. B. Bridges 
 
 In part 
 
 13 a)id 14 Victoria (1850).. 
 
 91 
 
 M. B. Justices, Szc. ... 
 
 In part 
 
 15 and 16 Fic^oria (1852).. 
 
 5 
 
 M. B. Qualification ... 
 
 In part 
 
 15 and 16 Victoria (1852).. 
 
 54 
 
 Courts 
 
 In part 
 
 15 and 10 Victoria (1852).. 
 
 81 
 
 Rates 
 
 
 15 and 16 Victoria (1852)., 
 
 85 
 
 Burials, &c 
 
 In part 
 
 16 and 17 Ficforia (1853).. 
 
 79 
 
 M.B. General 
 
 In part 
 
 16 and 17 Victoria (1853).. 
 
 97 
 
 Lunatics, &c. ... 
 
 In part 
 
 16 aud 17 Victoria (1853).. 
 
 134 
 
 Burials, &c. 
 
 
 17 and 18 Victoria (1854).. 
 
 20 
 
 Stipendiary (Salford,(tc.) 
 
 In part 
 
 17 and 18 Victoria (1854).. 
 
 71 
 
 Rates 

 
 264 
 
 APPENDIX. 
 
 
 
 
 If repealed or part re- 
 
 Year. 
 
 Chapter. 
 
 Subject Matter. 
 
 pealed by subgequent 
 
 
 
 
 legislation. 
 
 17 and 18 Victoria (1854)... 
 
 104 
 
 Sailors' Homes 
 
 In part 
 
 17 and 18 Victoria (1854)... 
 
 105 
 
 Militia 
 
 In part 
 
 17 and 18 Victoria (1854)... 
 
 112 
 
 Common 
 
 
 18 and 19 Victoria (1855)... 
 
 20 
 
 Income Tax ... 
 
 In part 
 
 18 and 19 Victoria (1855)... 
 
 31 
 
 Brighton 
 
 
 18 and 19 Victoria (1855)... 
 
 57 
 
 Militia 
 
 
 18 and 19 Victoria (1855)... 
 
 70 
 
 Libraries 
 
 In part 
 
 19 and 20 Victoria (1856)... 
 
 69 
 
 M. B. Police, &c. 
 
 In part 
 
 20 and 21 Victoria (1857)... 
 
 3 
 
 Penal Servitude 
 
 In part 
 
 20 and 21 Victoria (1857)... 
 
 10 
 
 Hanley 
 
 
 20 and 21 Victoria (iSb")... 
 
 50 
 
 M. B. General 
 
 
 20 and 21 Victoria (1857)... 
 
 81 
 
 Burials, &c. 
 
 
 21 and 22 Victoria (1858)... 
 
 43 
 
 Elections 
 
 
 22 and 23 Victoria (1859)... 
 
 32 
 
 M. B. Police, &c. 
 
 In part 
 
 22 Victoria (1859) 
 
 35 
 
 M. B. Elections 
 
 
 22 and 23 Victoria (1859)... 
 
 56 
 
 Weights and Measures 
 
 In part 
 
 23 and 24 Victoria (I860)... 
 
 16 
 
 M. B. Mortgages 
 
 In part 
 
 23 and 24 Victoria (I860)... 
 
 51 
 
 Local Taxation 
 
 In part 
 
 23 and 24 Victoria (I860)... 
 
 106 
 
 Sale of Land 
 
 
 24 and 25 Victoria (1861)... 
 
 45 
 
 Harbours, (fee... 
 
 In part 
 
 24 and 25 Victoria (1861)... 
 
 75 
 
 M. B. General 
 
 In part 
 
 24 and 25 Victoria (1861)... 
 
 96 
 
 Larceny 
 
 In part 
 
 25 and 26 Victoria (1862)... 
 
 61 
 
 Highways, &c 
 
 In part 
 
 28 and 29 Victoria (1865)... 
 
 35 
 
 Police 
 
 
 28 and 29 Victoria (1865)... 
 
 126 
 
 Prisons, <fcc. 
 
 In part 
 
 29 and 30 Victoria (1866)... 
 
 114 
 
 Libraries 
 
 In part 
 
 30 and 31 Victoria (1867)... 
 
 75 
 
 Religious Worship 
 
 
 30 and 31 Victoria (1867)... 
 
 102 
 
 Parliamentary Rep. ... 
 
 In part 
 
 30 and 31 Victoria (1867)... 
 
 115 
 
 Justices 
 
 
 31 and 32 Victoria (1868)... 
 
 41 
 
 Elections 
 
 
 31 and 32 Victoria (1868)... 
 
 46 
 
 Pari. Boundaries 
 
 In part 
 
 31 and 32 Victoria (1868)... 
 
 72 
 
 Oaths 
 
 In part 
 
 32 and 33 Victoria (1869)... 
 
 23 
 
 M. B. Recorder 
 
 
 32 and 33 Victoria (1869)... 
 
 41 
 
 Poor Assessments 
 
 
 32 and 33 Victoria (1869)... 
 
 49 
 
 Stamps 
 
 
 32 and 33 Victoria (1869)... 
 
 55 
 
 M. B. Elections 
 
 In part 
 
 32 and 33 Victoria (1869)... 
 
 62 
 
 Debtors 
 
 
 32 and 33 Victoria (1869)... 
 
 70 
 
 Animals, (fee. ... 
 
 In part 
 
 32 and 33 Victoria (1869)... 
 
 81 
 
 Volunteers 
 
 
 33 and 34 Victoria (1870)... 
 
 75 
 
 E. Education 
 
 In part 
 
 33 and 34 Victoria (1870)... 
 
 91 
 
 Clerical Disabilities ... 
 
 
 34 and 35 Victoria (3871)... 
 
 48 
 
 Oaths 
 
 
 34 and 35 Victoria (1871).. 
 
 67 
 
 M. B. Wards 
 
 
 34 and 35 Victoria (1871)... 
 
 70 
 
 Local Government 
 
 
 34 and 35 Victoria (1871)... 
 
 71 
 
 Libraries 
 
 
 35 and 36 Victoria (1872)... 
 
 33 
 
 Ballot Elections 
 
 
 35 a7id 36 Victoria (1872)... 
 
 60 
 
 M. B. Corrupt Practices 
 
 
 35 and 36 Victoria (1872)... 
 
 68 
 
 Militia, &c. 
 
 
 35 and 36 Victoria (1872)... 
 
 76 
 
 Coroners, &c. 
 
 
 35 and 36 Victoria (1872)... 
 
 86 
 
 M. B. Courts, &c. 
 
 
 35 and 36 Victoria (1872)... 
 
 91 
 
 M. B. Costs, (fee. 
 
 
 36 and 37 Victoria (1873)... 
 
 33 
 
 M. B. Evidence 
 
 
 36 and 37 Victoria (1873)... 
 
 86 
 
 Elem. Education, <fec. 
 
 In part 
 
 37 and 38 Victoria (1874)... 
 
 47 
 
 Ind. Schools, (fee. 
 
 
 37 and 38 Victoria (1874)... 
 
 59 
 
 M. B. Labrs.' Dwllngs. 

 
 APPENDIX. 
 
 265 
 
 
 
 
 If repealed or part re- 
 
 Year. 
 
 Chapter. 
 
 Subject Matter. 
 
 r>ealecl by Babsequent 
 legislation. ] 
 
 38 and 39 Victoria (1875)... 
 
 17 
 
 Explosives 
 
 
 38 and 39 Victoria (1875)... 
 
 36 
 
 M. B. Labrs.' Dwllngs. 
 
 
 38 mid 39 Victoria (1875)... 
 
 40 
 
 M. B. Elections 
 
 
 38 and 39 Victoria (1875)... 
 
 55 
 
 Public Health 
 
 In part 
 
 38 and 39 Victoria (1875)... 
 
 63 
 
 Adulteration 
 
 
 38 and 39 Victoria (1875)... 
 
 83 
 
 Loans 
 
 
 38 and 39 Victoria (1875)... 
 
 89 
 
 Public Works Loans 
 
 
 39 and 40 Victoria (1870)... 
 
 20 
 
 Misappropriation 
 
 
 39 and 40 Victoria (1876)... 
 
 30 
 
 Rates 
 
 
 39 and 40 Victoria (1876)... 
 
 79 
 
 M. B. Education 
 
 In part 
 
 40 and 41 Victoria (1877)... 
 
 17 
 
 M. B. Quarter Sessions 
 
 WTiolly 
 
 40 and 41 Victoria (1877)... 
 
 54 
 
 Libraries 
 
 
 40 and 41 Victoria (1877)... 
 
 60 
 
 Canal Boats 
 
 
 40 and 41 Victoria (1877)... 
 
 66 
 
 Local Taxation 
 
 
 40 (Hid 41 Victoria (1877)... 
 
 69 
 
 New Charters 
 
 
 41 and 42 Victoria (1878)... 
 
 14 
 
 Baths, &c. 
 
 
 41 and 42 Victoria (1878)... 
 
 16 
 
 Public Health, &c. 
 
 
 41 and 42 Victoria (1878)... 
 
 25 
 
 Ditto (Water) 
 
 
 41 aiid 42 Victoria (1878)... 
 
 26 
 
 M. B. Registration 

 
 INDEX. 
 
 The Objects and Effect op Municipal Local Government 
 
 PART I.— The Nature and Constitution of Municipal Corporations 
 
 The Powers, Rights, Capacities, and Incapacities of Municipal 
 
 Corporations ^ 
 
 PAGE 
 
 1 
 
 PART II.— The History of the English Municipalities 
 
 The Anglo-Saxon Miinicipal Organizations 
 
 The Anglo-Norman „ „ 
 
 The Exidence of Domesday Book 
 
 The First Incorporations 
 
 Municipal Pri-\'ileges and Freedom in the Reign of Henry VI. 
 
 Henry VIII. 
 „ „ „ „ „ Elizabeth 
 
 James I. ... 
 
 James II.... 
 General Condition of the English Municipalities previous to 1835 
 
 PART III.— The Acts of Parliament relating to the English Muni- 
 cipal Corporations prom 1835 to 1878 inclusive, with 
 AN Outline op their General Purport 
 
 The Municipal Corporations Acts 
 
 Acts of Parliament indirectly affecting Municipal Corporations 
 
 The General Purport of the Municipal Laws 
 
 The Functions of a Municipal Corporation 
 
 PART IV.— The Growth and Development of the English Munici- 
 palities (subject to 5 AND 6 WILLIAM IV. C. 76) BETWEEN 
 
 1835 AND 1879, Statistically Illustrated 
 
 Section I.— Area 
 
 Table 1 (Cities and Boroughs named in Schedules A and B of the^ 
 Mimicipal Act of 1837) and Table 2 (Cities and Boroughs incor- 
 porated since 1835) 
 English Municipal Cities and Boroughs 
 Counties in which the Cities and Boroughs are situate 
 Area in Statute Acres of Ancient Municipal Limits in 1835 
 Area in Statute Acres of Municipal Limits in 1879 
 Summary and Comparisons — 
 
 Number of Cities and Boroughs named in Schedules A and B of 5 
 
 and 6 William IV. c. 76 
 Niunber of Cities and Boroughs incorporated since 1835 
 Number of Cities and Boroughs which are Coimties of themselves 
 Approximate extent in Square Miles and Statute Acres of the 
 Areas of Cities and Boroughs named in the Municipal Act of 
 1835 
 Approximate extent in Square Miles and Statute Acres of the 
 
 Areas of Cities and Boroughs incorporated since 1835 
 Increase in the Municipal Area of the Country since 1835 
 
 4 
 4 
 4 
 5 
 6 
 6 
 7 
 8 
 8 
 9 
 10 
 
 10 
 
 12-13 
 
 14 
 
 14 
 
 15 
 
 16 
 16 
 
 Y 21-26 
 
 V 
 
 27
 
 INDEX. 
 
 267 
 
 ;. 
 
 Section 2. — Pn^ulation und Jnluihited Ilinixrx 
 
 Table 1 (Cities and BoroiiRhs named in Schedules A and B of the " 
 Municipal Act of 1835) and Trible 2 (Cities and Boroughs 
 incorporated since 1835) 
 Poi)ulation within the Ancient Municipal Limits (as per census 
 
 of 1831) 
 Inhabited Houses within the Ancient Municipal Limits (as per 
 
 census of 1831) 
 Population within the Limits adopted under the Act of 1835 (as 
 
 per census of 1831) 
 Population within the Municipal Limits (as per census of 1871) 
 Inhabited Houses witliin the Municipal Limits (as per census of 
 
 1871) 
 
 p]stimated Population within the Municipal Limits in March, 1879 
 
 Summary and Comparisons — 'I 
 
 Increase in the Population of Municipal Areas in 1879 as com- | 
 
 pared with 1831 ^ 
 
 Increase in the Population of Municipal Areas in 1879 as com- i 
 
 pared with 1835 ' 
 
 Section 3.—Tfw Municipal Franchisr 
 
 Table 1 
 
 Reigns in which Cities and Boroughs obtained Charters of 
 
 " Privileges " or " Incorporation "' 
 Number of Charters obtained 
 Governing Charters in force in 1835 
 
 The Incorporation of Boroughs 
 
 The Qualification for the Municipal Franchise 
 
 The Burgess Roll and its preparation 
 
 Table 2 Boroughs in which " Rights of Property " were claimed by 
 
 Freemen in 1835, and character of the claims to Freedom 
 Table 3 (Cities and Boroughs named in Schedules A and B of the 
 Municipal Act of 1835) and Table 4 (Cities and Boroughs incor- 
 porated since 1835) 
 Date of First Record as Boroughs 
 
 Date of Grant of First Charter of definite Municipal Privileges 
 Date of Grant of First Charter of definite Incorporation 
 Governing Charters in 1835 
 
 Method of Election to the Council under the Ancient Constitution 
 Number of Electors in 1835 
 Number of Freemen, including Council, in 1835 
 Number of Burgesses on the First Roll in 1835 
 Number of Burgesses on the Roll 1878-9 
 Summary and Comparisons — 
 
 Number of Boroughs named in Domesday Book 
 Excess of Number of Burgesses on the First Rolls in 1835 over 
 the Number of Individuals possessing Elective Powers under 
 the Ancient Constitution in the same year 
 Excess of Number of Burgesses on the Rolls of 1879 over the 
 number on the First Rolls in 1835 
 
 SECTlOii 4.— The Pctrlianu'iitari/ Franchise 
 
 Documentary Definitions of the British Constitution 
 
 The Course of ParlianiL'iitary Representation from 12Go to 1832 ... 
 Distribution of Seats in the House of Commons previous to 1832 "] 
 
 Distribution of Seats in the House of Commons after the passing of | 
 the Reform Act of 1832 y 
 
 27 
 
 29-34 
 
 35 
 
 35 
 
 38-39 
 
 . 40 
 . 43 
 . 46 
 
 49-50 
 
 )2-62 
 
 63 
 
 (53 
 04 
 64 
 
 05 
 
 Distribution of Seats in the House of Commons after the passing of 
 the Reform Act of 1867 
 
 J-
 
 268 
 
 INDEX. 
 
 Proportionate Representation of England, Wales, Scotland, and Ireland 
 
 Table 1 (Cities and Boroughs under the Municipal Act, which returned ' 
 Members to Parliament in 1866) 
 Number of Electors on the Register of 1866, classed according to ?■ 
 Qualifications as £10 Occupiers, Freemen, Scot and Lot 
 Voters, Potwallers, and Ancient Rights 
 
 Qualifications, under existing law, for the Franchise 
 
 Procedure for Registration 
 
 Procedure in Elections 
 
 Table 2 (Cities and Boroughs named in Schedules A and B of the ' 
 Municipal Act of 1835) ; Table 3 (Cities and Boroughs incorporated 
 since 1835); and Table 4 (Municipal Cities and Boroughs which 
 have been deprived of the Parliamentary Franchise since 1832) 
 Number of Members returned by Borough Constituencies 
 Appro -dmate Area of Parliamentary Limits in Square Miles, 1879 
 Area in Statute Acres of Parliamentary Limits, 1879 
 In whom the Suffrage was vested previous to the passing of the 
 
 Parliamentary Reform Act of 1832 
 Number of Parliamentary Electors immediately preceding the 
 
 passing of the Reform Act of 1832 
 Population within the Parliamentary Limits adopted under the 
 
 Reform Act of 1832 
 Number of Electors and Freemen on the First Register after the 
 
 passing of the Reform Act of 1832 
 Population ^\^thin the Parliamentary Limits according to the 
 
 Census of 1861 
 Number of Electors on the Registers of 1866 
 Number of Electors on the Registers of 1868 
 Population within the Parliamentary Limits according to the 
 
 Census of 1871 
 Number of Electors and Freemen on the Registers of 1879 
 
 Summary and Comparisons — 
 
 Number of Constituencies 
 
 Number of Contributing Boroughs 
 
 Excess of Number of Electors in 1879 over the Number imme- 
 diately preceding the passing of the Reform Act of 1832 
 
 Excess of Number of Electors in 1879 over the Number on the 
 First Register in 1832 
 
 Excess of Number of Electors in 1879 over the Number on the 
 Registers of 1866 
 
 Excess of Number of Electors in 1879 over the Number on the 
 Registers of 1868 
 
 Proportionate Representation of the English Municipalities in the 
 House of Commons 
 
 Section 5. — The Governing Body 
 
 Election of Councillors 
 
 Election of Aldennen 
 
 Election of Mayor 
 
 The Council— its Meetings and its Chief Officers 
 To-wn Clerks under the Ancient Constitution 
 Sheriffs under the Ancient Constitiition ... 
 
 PAGB 
 66 
 
 67-69 
 
 69 
 72 
 75 
 
 76-87 
 
 88 
 
 
 
 
 . 88 
 
 
 
 
 . 90 
 . 103 
 . 105 
 . 107 
 . 110 
 . 113
 
 INDEX. 
 
 269 
 
 Tkon 
 
 Table 1 (Cities and Boroughs named in Schedules A and B of the ' 
 Municipal Act of 1835) and Table 2 (Cities and Boroughs incor- 
 porated since 1835) 
 Composition of the Ancient Governing Body 
 Duration of Office by Common Councils elected under the Ancient 
 
 Constitution 
 Total Number of the Governing Body 
 Total Number of Boroughs divided into Wards and Number of 
 
 Wards, 1879 
 Total Number of Aldermen in 1879 
 Total Number of Councillors in 1879 
 Total Number of the Governing Body in 1879 
 
 M15-126 
 
 Summary and Comparisons — 
 
 Excess of Number of Ancient Governing Bodies over Number of 
 
 Present Governing Bodies 
 Proportionate Representation of the Estimated Population of 
 
 1879 in the Town Councils 
 
 126 
 
 Section 6. — Tlie Municipal Judges and Magistracy 127 
 
 Stipendiary Magistrates under the Municipal and other Acts of Parliament 129 
 
 Table 1 (Cities and Boroughs named in Schedules A and B of the 
 Municipal Act of 1835) and Table 2 (Cities and Boroughs incor- 
 porated since 1835) 
 The Judges (their number and tlie quorum) of the Criminal 
 
 Courts under the Ancient Constitution 
 The Judges (their number and the quorum) of the Civil Courts 
 
 under the Ancient Constitution 
 Recorders (by whom and for what term appointed) under the 
 
 Ancient Constitution 
 Total Number of Municipal Magistrates in 1835 
 Number of Magistrates named in the First Commissions of the 
 
 Peace of the Boroughs named in Schedule A of the Municipal 
 
 Act 
 Recorders in 1879 
 Total Number of Magistrates (exclusive of Mayor, Recorder, and 
 
 Ex-Mayor, in December, 1878 
 
 M33-148 
 
 Summary and Comparisons — ") 
 
 Number of Boroughs with Recorders under the Ancient Con- I 
 
 stitution y 
 
 Excess of Number of Magistrates in 1879 over Number under the I 
 
 Ancient Constitution J 
 
 149 
 
 Section 7. — Tfie Criminal and Civil Jurisdictions 
 
 Character and Number of the Criminal Jurisdictions inl835 
 
 n n >i L/lVll „ „ 
 
 Table 1. — Local Names of Borough Civil Courts and the Number o 
 Boroughs in which so designated 
 
 The Existing Cognizance of Quarter Sessions Offences 
 
 149 
 
 150 
 151 
 
 152 
 153
 
 270 
 
 INDEX. 
 
 PAGE 
 
 Table 2 (Cities and Boroughs named in Schedules A and B of the 
 Municipal Act of 1835) and Table 3 (Cities and Boroughs incor- 
 porated since 1835) 
 
 Exclusive Criminal Jurisdictions in 1835 
 
 Concurrent „ „ „ 
 
 Admiralty Jurisdictions in 1835 
 
 Names and Number of Criminal Courts, and how holden, in 1835 
 
 Character of Offences Triable 
 
 Names and Numbers of Civil Courts, and how holden, in 1835 
 
 Character of Actions Triable, and to what Amount in Money Value 
 
 Nature of the Criminal Jurisdictions in 1879 — distinguished Cities 
 and Boroughs with Quarter Sessions, Commissions of the 
 Peace, and Active Concurrent Jurisdictions 
 
 Number of Indictments at Quarter Sessions in 1879 
 
 Character and Extent of the Criminal Jurisdictions in 1879 
 
 Number of Plaints entered in 1879 
 
 M63-184 
 
 Summary and Comparisons — 
 
 Number of Exclusive Jurisdictions in 1835 
 
 Number of Cities and Boroughs with Quarter Sessions, Commis- . „ 
 
 sions of the Peace, and Concurrent Petty Sessions Juris- 
 dictions in 1879 
 Excess of Exclusive Jurisdictions in 1835 compared with 1879 
 
 Sections. — The Police and Criminal Statistics 
 
 Table 1 (The Ancient Police Organizations of the Cities and Boroughs) 185-1 91 
 
 Table 2 (Cities and Boroughs named in Schedules A and B of the - 
 Municipal Act of 1835) and Table 3 (Cities and Boroughs incor- 
 porated since 1835) 
 Strength of Police Force, Year ending 1878 
 Cost ,, „ „ ,, 
 
 Proportion of Cost borne by Government 
 Number of Indictable Offences committed in the Year ending 1878 )> 194-198 
 Number of Committals for Indictable Offences in the Year ending 
 
 1878 
 Number of Prosecutions for Petty Offences in the Year ending 
 
 1878 
 Number of Convictions for Petty Offences in the Year ending 
 1878 i 
 
 Summary and Comparisons — 
 
 Proportionate Individual Cost of Police 
 
 Proportionate Cost borne by Government 
 
 Proportion of Estimated Population to each Officer 
 
 Proportion of Convictions for Indictable Offences to Estimated 
 
 Population 
 Proportion of Convictions for Summary Offences to Estimated 
 
 Population 
 
 J 
 
 Table 1 (The General Borrowing Powers of Municipal Corporations) ^ 
 Purposes for which Loans may be Raised | 
 
 What Sanction is required for Loans 
 Periods over which Repayment of Loans may be spread 
 General Provisions of the Law applicable to Loans 
 
 198 
 
 Section 9 . — The Corporate Revenue, Expenditure, Indebtedness, and Ratea hie 
 
 Value 199 
 
 201
 
 INDEX. 
 
 271 
 
 Table 2 (Cities and Boroughs named in Schedules A and B of the 
 Municipal Act of 1835) and Table 3 (Cities and Boroughs incor- 
 porated .since 183i5) 
 The Approximate Annual Corporate Revenue in 1835 
 „ „ „ „ Expenditure in 1835 
 
 „ „ Indebtedness by Loans in 1835 
 
 The Rateable Value— 1878 
 Income by Borough Rate — 1878 
 Income by Rents and Tolls — 1878 
 Total Corporate Income — 1878 
 Total Corporate Expenditure — 1878 
 Corporate Indebtedness by Loans — 1878 
 
 Summary and Comparisons — 1 
 
 Excess of Corporate Revenue, Expenditure, and Indebtedness in 
 1878 compared with 183") 
 
 J-211-220 
 
 Section \0.—T]ie Public Health and Educational Jurisdictions 
 
 Table 1. — Reigns in which Local Acts were granted 
 Numbpr of Boroughs which obtained Local Acts 
 Number of Local Acts obtained 
 
 1 
 
 221 
 
 221 
 
 221 
 
 Legislative Powers and Duties for Sanitary purposes (with references) ... 222 
 
 Constitution of the Sanitary Districts (with references) 223 
 
 Special Powers of Urban Sanitary Authorities (with references) 225 
 
 Local and Special Powers in relation to Sanitary Objects (with references) 225 
 
 Table 2 (Cities and Boroughs named in Schedules A and B of the 
 Municipal Act of 1835) and Table 3 (Cities and Boroughs incor- 
 porated since 1835) 
 Town Councils exercising the powers of an Urban Sanitary 
 
 Authority 
 Town Councils owning or supplying and controlling Gas 
 Town Coimcils owning or supplying and controlling Water 
 Town Councils in whom the Burial Board (or Control of Inter- 
 ments) is vested 
 Income by Local Rates in 1834 
 Income of Sanitary Authority by Rates in 1878 
 Total Income of the Sanitary Authority in 1878 
 Total Expendiutre of the Sanitary Authority in 1878 
 Indebtedness by Loans of the Sanitary Authority in 1878 
 Cities and Boroughs with School Boards 
 Cities and Boroughs with School Attendance Committees 
 
 227-237 
 
 Summary and Comparisons — 
 
 Number of Town Councils acting as the Urban Sanitary Authority 
 
 „ „ „ Port Sanitary Authority 
 
 Number of Town Councils owning or supplying and controlling 
 Gas 
 
 Number of Town Councils owning or supplying and controlling 
 Water 
 
 Number of Town Councils acting as the Burial Board 
 
 Number of Cities and Boroughs with a School Board 
 
 ,, „ „ „ Attendance Com- 
 
 mittee 
 
 Excess of the Sanitary Authority Income for Public Health pur- 
 poses in 1878 over the Income under Local Acts in 1834 
 
 238
 
 272 
 
 INDEX. 
 
 238 
 
 238 
 
 239 
 
 240 
 
 Total Income, Expenditure, and Indebtedness for the year ending 1 878 ■^ 
 of the 240 Cities and Boroughs, both as Corporate and Sanitary y 
 Authorities J 
 
 PART v.— The Unrepormed Corporations 
 
 The Appointment of the Second Royal Commission for inquiring 
 into Municipal Corporations in 1876 
 
 Table 1 (Places where a Quasi-Municipal Organization is alleged to 
 be in legal existence) 
 Population in 1871 
 Remarks upon alleged corporate character 
 
 Table 2 (Cities, Boroughs, and Towns reported upon in 1835, but not 
 included in the Schedules of the 5th & 6th William IV., c. 76, or 
 since incorporated under it) 
 
 Cities, Boroughs, Towns, and Counties 
 
 The Governing Charters 
 
 The Corporate Body 
 
 Total Number of the Governing Body 
 
 The Criminal Jurisdiction in 1835 
 
 The Civil Jurisdiction in 1835 
 
 Population within the Municipal Limits in 1835 
 
 Population within the Municipal Limits in 1871 
 
 The Approximate Corporate Revenue in 1835 
 
 The Approximate Corporate Expenditure in 1835 
 
 The Approximate Corporate Indebtedness in 1835 
 
 Remarks 
 
 PART VI.— Populous Districts not under Municipal Government ... 254 
 Public Health Districts in England and Wales, with a Population 
 above 3,000, not under Municipal Government 254-261 
 
 APPENDIX. — Acts of Parliament directly and indirectly affecting Municipal 
 Government under the 5th & 6th William IV., c. 76, in their 
 chronological order 263 
 
 241-253 
 
 INDEX 
 
 ... 266 
 
 i; 
 
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