(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. Declarations and Oaths. administer 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 taken before the council.] (2.) Nothing in this Act in any case shall require or authorize the taking or making of any oath or declaration that would not have been required or authorized under the Promissory Oaths Act, 1868, or otherwise by law, if this Act had not been passed, or interfere with the operation of the Promissory Oaths Act, 1868. [The effect of section 104 of the Act of 1835, and section 3 of 6 & 7 Will. 4, c. 105 (1836), is preserved in this clause.] * 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 description 241.-No misnomer or inaccurate description of any person, 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 C. P. D., 596), (ante pages 67 and 75) is hereby provided for; but a nomination paper at an election of town councillors was subscribed with the full and correct name of "Charles Arthur Burman" as an assenting burgess; his name was erroneously entered upon the burgess roll as "Charles Burman" only. Held, that the defect was not such as was remedied by this section. The words "commonly understood" in this proviso mean commonly understood by any person comparing the nomination paper and the burgess roll." Moorhouse v. Linney (15 Q. B. D., 273)]. The 31 & 32 Vict. c. 72. † See these forms at page 203 et seg. Substitution in former Acis. Provision for relerences in unrepealed enactments to 5 & 6 Will 4, c. 76, &c. Short titles of Acts partly repealed. Returning Mayor of Substitution in former Acts. 242.-(1.) In the several enactments described in Part I. of the Ninth Schedule, a reference to this Act shall be deemed to be substituted for a reference to the Municipal Corporations Act, 1835, and any Act amending it. (2.) In each of the enactments described in Part II. of the Ninth Schedule, there shall be substituted for the respective provision of the Municipal Corporations Act, 1835, in that part mentioned in connexion therewith, such provision of this Act as is also mentioned in connexion therewith. (3.) Where any Act passed before this Act, and not specified in the First or in the Ninth Schedule, refers to the Municipal Corporations Act, 1835, or any Act amending it, or to boroughs or corporations subject to that Act or any Act amending it, the reference shall be deemed to be to this Act or to the corresponding provision of this Act, or to boroughs or corporations subject to this Act (as the case may require). (4.) All enactments to which this section relates shall, except as in this section provided, continue to operate as if this Act had not been passed. 243.- Such of the Acts specified in the First Schedule as will remain in force to any extent after the commencement of this Act may continue to be cited by the short titles in that schedule mentioned. Returning Officers at Parliamentary Elections. 244.-(1.) In boroughs, other than cities and towns being counties of themselves, the mayor shall be the returning officer at parliamentary elections; but this provision shall not extend to the borough of Berwick-upon-Tweed. [The sheriff is the returning officer in cities and towns which are counties of themselves with the above exception]. (2.) If there are more mayors than one within the boundaries of a parliamentary borough, the mayor of that borough to which the writ of election is directed shall be the returning officer. (3.) If when a mayor is required to act as returning officer the mayor is absent, or incapable of acting, or there is no mayor, the council shall forthwith choose an alderman to be returning officer. [The effect of section 57 of the Act of 1835 is preserved in this clause]. Disfranchised Parliamentary Boroughs. Disfranchised Boroughs. disfranchised 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 boroughs. 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. [The effect of 31 & 32 Vict. c. 41 is preserved in this clause]. terms town in 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. 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 in 247.-Notwithstanding any custom or bye-law, every person Right of free in any borough may keep any shop for the sale of all lawful boroughs. wares and merchandises by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft for hire, gain, sale, or otherwise within any borough. [The effect of section 14 of the Act of 1835 is preserved in this clause]. Cinque Ports.† Cinque Ports. 248.--(1.) The boroughs of Hastings, Sandwich, Dover, Special * 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. provisions as Cinque Ports. Hythe, being four of the Cinque Ports* and the borough of Rye, are in this section referred to as the five boroughs. (2.) The jurisdiction, powers, and authorities of the court of quarter sessions, recorder, coroner, and clerk of the peace for each of the five boroughs shall extend to the non-corporate members and liberties thereof, and to such corporate members thereof as have not a separate court of quarter sessions. (3.) The jurisdiction, powers, and authorities of the persons constituted justices within and throughout the liberties of the Cinque Ports by virtue of their commission, shall extend to all places being within the limits of the five boroughs or of their members or liberties, corporate or non-corporate, and not being within the limits of a borough having a separate commission of the peace. (4.) The justices for the five boroughs respectively shall have all the jurisdiction, powers, and authorities of justices for a county relating to the granting of licences or authorities to persons to keep inns, alehouses, or victualling houses, or to sell exciseable liquors by retail within any of the corporate or non-corporate members or liberties of the five boroughs respectively, not being within the limits of a borough having a separate commission of the peace. (5.) The non-corporate members and liberties of the five boroughs and such corporate members thereof as have not a The following list of the Cinque Ports, &c. (omitting New Romney (Cinque Port) and Winchelsea, Ancient Town, &c.), with their corporate and non-corporate members, is given in the order in which they appear in the Charter of Charles II. This list will explain the 2nd, 3rd, 4th, 5th and 6th subsections following, and indicate the outlying districts. The abbreviation " qr. sess." means that the borough has a separate court of quarter sessions, and "com. P." means that the borough has a separate commission of the peace. The asterisk (*) signifies those boroughs which are under this Act, the others being governed judicially under the charters of the Cinque Ports. The Cinque Port of New Romney and the Ancient Town and liberty of Winchelsea (Rye being also an ancient town and liberty) were not included in the section, doubtless owing to neither of them, at the time, coming within the provisions of this Act. New Romney (as well as Ramsgate) has since received a charter under this Act:DOVER (Cinque Port-gr. sess.) * Folkestone (corporate member—qr. Faversham (corporate member-qr. Margate (corporate member-qr. St. John (parish). SANDWICH (Cinque Port-qr sess.). * Deal (corporate member-qr.sess.). Ramsgate (corporate member). Sarre (village). * HASTINGS (Cinque Port-qr. sess.). Pevensey (parish). Seaford (parish). Petit Hiam (liberty of Hastings). Grange (hamlet). Liberty of Sluice (in Bexhill). *HYTHE (Cinque Port-qr. sess.). * RYE (ancient town and liberty-qr. separate court of quarter sessions shall be charged by the Cinque Ports. respective courts of quarter sessions of the five boroughs, with a due proportion of all those expenses of the five boroughs, to the payment whereof rates in the nature of county rates are applicable; and such rates may be assessed and levied in the manner in which rates of that description were assessed and levied before the passing of the Municipal Corporations Act, 1835, under any enactment then in force, but subject to the operation of any subsequent enactment affecting the same. (6.) A due proportion of inhabitant householders to serve as grand jurors and jurors at the respective courts of quarter sessions of the five boroughs shall be summoned by the clerks of the peace thereof from the non-corporate members and liberties thereof, and such corporate members thereof as have not a separate court of quarter sessions; and the attendance of such jurors shall be enforced, and their defaults punished, in the manner by this Act directed with respect to jurors in boroughs. (7.) Nothing in this section shall affect the Cinque Ports Act, 1869,* or the Acts therein recited. [The effect of sections 134 and 135 of the Act of 1835, and sections 10 and 11 of 6 & 7 Will. 4, c. 105 (1836), is preserved in this clause]. 249.-(1.) It shall be lawful for the Queen, from time to vice-Chancellor time, by her commission of the peace for the borough of Cam- of Cambridge. bridge, to constitute the Vice-Chancellor for the time being of the University of Cambridge a justice for that borough. (2.) He shall not, by reason of being so constituted, have any greater authority as to the grant of licences to alehouses than any other justice named in the commission. (3.) But nothing in this section shall affect the rights and privileges which the Vice-Chancellor lawfully has or enjoys, or might have lawfully had or enjoyed if he were not so constituted a justice. [The effect of sect. 12 of 6 & 7 Will. 4 c. 105 (1836) is preserved in this clause.] existing 250.-(1.) Nothing in this Act shall prejudicially affect any Saving for charter granted before the commencement of this Act, or take corpcrations. away, abridge, or prejudicially affect any of the rights, powers, *The 32 & 33 Vict. c. 53. These savings ensured for a short time the continuance of the chartered boroughs, towns, and liberties not included in the Act of 1835 or afterwards brought under its provisions, but the passing in 1883 of the Municipal Corporations Act (46 & 47 Vict. c. 18) brought them (with certain extinctions and a few savings for certain local rights and privileges) within the regulations prescribed by this Act. See Appendix. |