A Treatise on the Law Relating to Municipal Corporations in England and Wales

ties of the Municipal Corporations Act. Sufficient stress does not appear to have been placed upon the fact that the preamble to that Act recites that divers bodies corporate have been created, to the intent that the same might be and remain well and quietly governed. Surely it was the intention of the Legislature that a town council should have authority to incur any expense that may be necessary for this purpose!

Another case of great importance is that of the AttorneyGeneral v. Mayor of Brecon (L. R. vol. x. Ch. D. p. 204). The judgment of the MASTER OF THE ROLLS is a masterly exposition of the law relating to the expenditure of town councils in reference to the expenses of any attack made by Bill in Parliament, whether against their existence as a corporation, or against their property, or only against their rights, powers, and privileges, and is a direct authority for the legality of expenditure incidental to the existence of a corporation, though not expressly coming within the wording of the Municipal Corporations Act.

There is no doubt that the true intent and meaning of the Corporations Acts was to place the good rule and government of the borough in the hands of the town council, and as a consequence to give them the command of funds necessary for that purpose. It would be absurd to place in their hands the government of the town, and deprive them of the means necessary to carry on that government. To prevent misappropriation by jobbery, or fraud, or culpable carelessness, or corruption, the High Court has been clothed with a discretion to allow or disallow any such expenditure.

In any case in which the council have acted in the main for the interest of the borough with bona fides, without intrusion, and in a manner that is morally proper, the expenditure should be unquestionable. The suggestion made by one of the learned judges in the Sheffield Case that there were cases in which the council should interfere, and lend their name and the prestige of their authority, and spend money, and then recoup such expenditure by a subscription, is altogether impracticable.

Why not, then, in a Consolidation Act have made it clear what
is legal expenditure by a town council? Nothing can be so
unfair, or prejudicial to the public service, as uncertainty as to
what acts of a governing body are legal. No one cares to take
upon himself the thankless duty of serving the public with a
halter round his neck.

It is hoped that this Act will be followed by an Amendment
Act dealing with many questions affecting the good government
of our towns, and dealing with them, not in the jealous and
suspicious manner of former times, but in the just and generous
spirit that the upright, judicious, and careful exercise of the
trusts, already reposed in town councils, demands from Parliament.

The Consolidation Bill has rendered the Second Edition of
Mr. ARNOLD's Treatise almost useless, and another Edition is
called for. So much of Mr. ARNOLD'S Work as retains its
importance has been incorporated in the Introduction to this
Work.

The Chapter on Practice at Municipal Elections has been
carefully revised by Mr. J. H. Farmer, the Deputy Town Clerk
of this borough.

It has been considered desirable to print in full the text of
the Consolidation Act, and it is hoped that the notes thereon will
be found of considerable service to those interested in its inter-
pretation.

In the Appendix will be found those Statutes which are
referred to in the Consolidation Act and form part of its
machinery.

A copious Index has been added, and considerable pains have
been bestowed upon it with the view of rendering it an easy
means of turning to correlative enactments without burdening
the text with too many cross references.

NOTTINGHAM,

June, 1883.

S. G. J.

CONTENTS.

DIVISION I.

OF CORPORATIONS GENERALLY.

CHAP. I. Of corporations generally, and of the characteristics and

objects of municipal corporations