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(2.) A burgess inay make a copy of or take an extract from Inspection

and Copies. an order of the council for the payment of money.

(3.) The treasurer's accounts shall be open to the inspection of the council, and a member of the council may make a copy thereof or take an extract, therefrom.

(4.) The abstract of the treasurer's accounts shall be the inspection of all the ratepayers of the borough, and copies thereof shall be delivered to a ratepayer on payment of a reasonable price for each copy.

(5.) The Freemen's Roll shall be open to public inspection, and the town clerk shall deliver copies thereof to any person on payment of a reasonable price for each copy.

[See hereon 12 Geo. 3, c. 21, s. 2, and 32 Geo. 3, c. 58, s. 4).

(6.) A document directed by this Act to be open to inspection shall be so open at any reasonable time during the ordinary hours of business, and without payment, unless it is otherwise expressed. [See hereon, Rex v. Arnold (4 A. & E., 657)).

(7.) If a person having the custody of any document in this section mentioned, (a.) Obstructs any person authorized to inspect the same in

making such inspection thereof as in this section

mentioned ; or (6.) Refuses to give copies or extracts to any person entitled

to obtain the same under this section ; he shall, on summary conviction, be liable to a fine not exceeding five pounds.

[The effect of sections 5, 15, 69, and 93 of the Act of 1835, and section 22 of 7 Will. 4 a: id 1 Vict. c. 78 (1837), is preserved in this clause).

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to be posted

234.-The town clerk of every borough shall cause a true Tables of foes copy of the tables of fees for the time being authorized to be taken by the clerk of the peace (if any) for the borough, by the clerk to the justices (if any) for the borough, and by the registrar and officers of the borough civil court (if any), to be posted conspicuously in the following places : (a.) The room where the business of the town clerk's office is

transacted ;

to and


(6.) The room, if any, where the justices of the borough sit

for transacting their business; (c.) The room, if any, where the court of quarter sessions of

the borough is held; and (d.) The room, if any, where the borough civil court is held.

[The effect of section 125 of the Act of 1835 is preserved in this clause). Seals and

Seals and Signatures. Signatures. Forgery. 235.—If any person forges the seal or signature affixed

or subscribed to a bye-law made under this Act, or the signature subscribed to any minute of proceedings of the council, or tenders in evidence any such document with a false or counterfeit seal or signature, knowing it to be false or counterfeit, he shall be liable to imprisonment with hard labour for any term not exceeding two years.

[The effect of section 4 of 36 & 37 Vict. c. 33 (1873) is preserved in this clause). Applications to Treasury.

Applications to Treasury. Notice of

236.-(1.) Where the council intend to apply to the Treasury application

for their approval of any sale, loan, or other financial arrangecorrespondence with Treasury. ment under this Act, notice of the intention to make the

application shall be fixed on the town hall one month at least before the application, and a copy of the intended application shall during that month be kept in the town clerk's office, and be open to public inspection.

(2.) If the Treasury either refuse their approval or grant it conditionally or under qualifications, noticeof the correspondence between the Treasury and the council shall forthwith and during one month be fixed on the town hall, and a copy of the correspondence shall during that month be kept in the town clerk's office, and be open to public inspection.

[The effect of section 94 of the Act of 1836, and sections 8 and 9 of 23 & 24

Vict. c. 16 (1860), is preserved in this clause). Deputy.

Deputy. Acts of deputy 237.—No defect in the appointment of a deputy under this

Act shall invalidate his acts. by defect in appointment Overseers.

Orerseers. Notices to 238.-(1.) Every matter hy the Municipal Corporations Actis and acting of

directed to be done by overseers may be lawfully done by the major part of them.

pot to be invalidated


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(2.) Any notice by the Municipal Corporations Act required Overseers. to be given to overseers may be delivered to any one of them or left at his place of abode, or at his office for transacting parochial business. [The effect of sec. 14 of 16 & 17 Vict. c. 79 (1853) is preserved in this clause.] Declarations and Oaths.


and Oaths. 239.-(1.) Where by or under this Act a declaration or oath Power to is required to be made or taken by the holder of a corporate oaths, &c. office or other person before the council or any members thereof, or any other persons, they shall have authority to receive and administer the same without any commission or authority other than this Act. [The oaths should be taken in open court, where not takon before the council.]

(2.) Nothing in this Act in any case shall require or authorize the taking or making of any oath or declaration that would not have been required or authorized under the Promissory Oaths Act, 1868,* or otherwise by law, if this Act had not been passed, or interfere with the operation of the Promissory Oaths Act, 1868.

[The effect of section 104 of the Act of 1835, and section 3 of 6 & 7 Will. 4, c. 105 (1836), is preserved in this clause.] Forms.

Forms. 240.-The forms in the Eighth Schedule † or forms to the Forms in like effect, varied as circumstances require, may be used, and schedule. shall be sufficient in law. Misnomer or Inaccurate Description.

Misnomer or

Inaccurate 241.—No misnomer or inaccurate description of any person,


Misnomer or body corporate, or place named in any schedule to the Municipal inaccurate Corporations Act, 1835, or in any roll, list, notice, or voting not to hinder. paper required by this Act, shall hinder the full operation of this Act with respect to that person, body corporate, or place, provided the description of that person, body corporate, or place be such as to be commonly understood.

[The effect of section 142 of the Act of 1835 is preserved in this clause. The case of Mather v. Brown (L. R., 1 O. P. D., 596), (ante pages 67 and 75) is hereby provided for ; but a nomination paper at an election of town councillors was subscribed with the full and correct name of " Charles Arthur Burman” as an assenting burgess ; his name was erroneously entered upon the burgess roll as “ Charles Burman" only. Held, that the defoct was not such as was remedied by this section. The words“ commonly understood" in this proviso mean “commonly understood by anỹ person comparing the nomination paper and the burgess roll.” Moorhouse v. Linney (15 Q. B. Ď., 273)].

• The 31 & 32 Vict. c. 72.

+ See these forms at page 203 et seg.

Provision for
relerences in
enactments to
5 & 6 Will 4,
c. 76, &c.

Substitution in

Substitution in former Acts. former Acis.

242.-(1.) In the several enactments described in Part I. of the Ninth Schedule, a reference to this Act shall be deemed to be substituted for a reference to the Municipal Corporations Act, 1835, and any Act amending it.

(2.) In each of the enactments described in Part II. of the Ninth Schedule, there shall be substituted for the respective provision of the Municipal Corporations Act, 1835, in that part mentioned in connexion therewith, such provision of this Art as is also mentioned in connexion therewith.

(3.) Where any Act passed before this Act, and not specified in the First or in the Ninth Schedule, refers to the Municipal Corporations Act, 1835, or any Act amending it, or to boroughs or corporations subject to that Act or any Act amending it, the reference shall be deemed to be to this Act or to the corresponding provision of this Act, or to boroughs or corporations subject to this Act (as the case may require).

(4.) All enactments to which this section relates shall, except as in this section provided, continue to operate as if this Act had not been passed.

243.- Such of the Acts specified in the First Schedule as will remain in force to any extent after the commencement of this Act may continue to be cited by the short titles in that schedule mentioned.

Short titles of Acts partly repealed.


Returning Officers at Parliamentary Elections.
Officers at

244.-(1.) In boroughs, other than cities and towns being Elections.

counties of themselves, the mayor shall be the returning officer Mayor of certain at parliamentary elections ; but this provision shall not extend borougbs to be returning to the borough of Berwick-upon-Tweed. officer in parliamentary

[The sheriff is the returning officer in cities and towns which are counties of elections.

themselves with the above exception].

(2.) If there are more mayors than one within the boundaries of a parliamentary borough, the mayor of that borough to which the writ of election is directed shall be the returning officer.

(3.) If when a mayor is required to act as returning officer the mayor is absent, or incapable of acting, or there is no mayor, the council shall forthwith choose an alderman to be returning officer.

[The effect of section 57 of the Act of 1835 is preserved in this clause).


Disfranchised Disfranchised Parliamentary Boroughs.


Boroughs. 245.--Where a borough has, in pursuance of the Representa- Electors in tion of the People Act, 1867,* or of any Act passed in the session of the thirty-first and thirty-second years of the reign of Her Majesty, ceased to return a member to serve in Parliament, and the persons entitled to vote for the member or members formerly returned by the borough were by law electors for any other purpose, the burgesses of the borough shall be electors for that purpose, and shall in all respects, as regards that purpose, be substituted for the persons so entitled to vote.

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terms “town

[The effect of 31 & 32 Vict. c. 41 is preserved in this clause). Licensing.

Licensing. 246.-In the Act of the ninth year of the reign of King Explanation of George the Fourth, chapter sixty-one, “to regulate the granting corporate,” &c.

in Licensing of licences to keepers of inns, alehouses, and victualling houses Act. in England," the expressions “town corporate," "county or place,” and “division or place,” include every borough having a separate commission of the peace, and the expression “ high constable" includes any constable of any such borough to whom the justices of the borough direct their precept under that Act.

[The effect of section 4 of 24 & 25 Vict. c. 75 (1861) is preserved in this clause). Freedom of Trading.

Freedom of

Trading. 247.-Notwithstanding any custom or bye-law, every person Right of froa

trading in in any borough may keep any shop for the sale of all lawful Worough wares and merchandises by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft for hire, gain, sale, or otherwise within any borough. [The effect of section 14 of the Act of 1835 is preserved in this clauso). Cinque Ports.

Cinque Ports, 248.--(1.) The boroughs of Hastings, Sandwich, Dover, precisions as

Cinque Ports. • The 30 & 31 Vict. c. 102.

+ See (in Appendix) section 38 subsection 9, of the Local Government (England and Wales) Act, 1888, as to effects following on revocation of grant of court of quarter sessions or a commission of the peace to a cinque port. See also section 48, subsection 4 of the same Act, for further definition of the powers of the whole of the cinque ports and ancient towns.

to certain of tho

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