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Declarations and Oaths,

Division of

Act into parts Section 239. Power to administer oaths, &c.

[and arrange

ment of Forms.

sections). 240. Forms in schedule.

Misnomer or Inaccurate Description. 241. Misnomer or inaccurate description not to hinder.

Substitution in former Acts. 242. Provision for references in unrepealed enactments to 5 & 6 Will. 4,

c. 76, &c. 243. Short titles of Acts partly repealed.

Returning Officers at Parliamentary Elections. 244. Mayors of certain boroughs to be returning offi in parliamentary elections.

Disfranchised Parliamentary Boroughs. 245. Electors in disfranchised boroughs.

Licensing. 246. Explanation of terms “town corporate," &c., in Licensing Act.

Freedom of Trading. 247. Right of free trading in boroughs.

Cinque Ports. 248. Special provisions as to certain of the Cinque Ports.

Cambridge. 249. Vice-Chancellor of Cambridge.

Savings. 250. Saving for existing corporations. 251. Saving for local Acts. 252. Saving for Prison Acts. 253. Saving for military and naval officers, &o. 254. Saving for dockyards, barracks, &c. 255. Saving as to Admiralty. 256. Saving for Lord Warden. 257. Saving for universities. 258. Saving for jurisdiction over cathedral precincts. 259. Saving for royal prerogative. 260. Saving as to repealed enactments). 3.-This Act shall not extend to Scotland or Ireland.

Extent. 4.-This Act shall commence and have effect from and Commerce immediately after the thirty-first of December one thousand eight hundred and eighty-two.

5.—The enactments described in the First Schedule* are Ropeals. hereby repealed, subject to the exceptions and qualifications in this Act mentioned.

[Part I. of the First Schedule recites the Enactments repealed generally. They are 43 in number, as follows:


* Subsection 4 of clause 7 (see page 26) provides that “The schedules shall be read and have effect as if they were part of this Act.”


in part.

c. 78.

5 & 6 Will. 4, c. 76. | The Municipal Corporations Act, 1835.
6 & 7 Will. 4, c. 77, An Act for carrying into effect the reports of the Commis-
in part. sioners appointed to consider the state of the Established

Church in England and Wales, with reference to eccle.
siastical duties and revenues, so far as they relate to
episcopal dioceses, revenues and patronage ;
in part, namely,-

section twenty-six.
6 & 7 Will. 4, c. 103, The Municipal Corporation (Boundaries) Act, 1836 ;

except section six (Berwick).
6 & 7 Will. 4, c. 104. The Municipal Corporation (Borough Fund) Act, 1836.
6 & 7 Will. 4, c, 105. The Municipal Corporation (Justices, &c.) Act, 1836.
7 Will. 4 & 1 Vict. The Municipal Corporation (General) Act, 1837.
7 Will. 4 & 1 Vict. The Municipal Corporation (Watch Rate) Act, 1837.

c. 81. 1 & 2 Vict. c. 31. The Municipal Corporation (Benefices) Act, 1838. 1 & 2 Vict. c. 35. An Act to repeal the stamp duty now paid on admission to

the freedom of corporations in England. 2 & 3 Vict. c. 27. The Municipal Corporation (Borough Courts) Act, 1839. 2 & 3 Vict. c. 28. The Municipal Corporation Watch Rate) Act, 1839. 3 & 4 Vict. c. 28. The Municipal Corporation (Watch Rate) Act, 1840. 4 & 5 Vict. c. 48. An Act to render certain municipal corporations rateable

to the relief of the poor in certain cases. 6 & 7 Vict. c. 89. The Municipal Corporation Act, 1843. 8 & 9 Vict. c. 110. The Municipal Corporation (Rates) Act, 1845. 11 & 12 Vict. c. 93. An Act to confirm the incorporation of certain boroughs. 12 & 13 Vict. c. 65. An Act to provide a more convenient mode of levying and

collecting county rates, county police rates, and district police rates, in parishes situated partly within and partly without the limits of boroughs which are not

liable to such rates.
12 & 13 Vict. c. 82, An Act to relieve boroughs in certain cases from contribu-

tion to certain descriptions of county expenditure ;
in part, namely,

section one.
13 & 14 Vict. c. 42. The Municipal Corporation (Incorporation) Act, 1850.
13 & 14 Vict. c. 64. The Municipal Corporation (Bridges) Act, 1850.
13 & 14 Vict. c. 91, The Municipal Corporation (Justices) Act, 1850 ;
in part.

in part, namely,

section nine.
13 & 14 Vict. c. 101, An Act to continue two Acts passed in the twelfth and
in part.

thirteenth years of the reign of Her Majesty, for charg-
ing the maintenance of certain poor persons in unions
in England and Wales upon the common fund ; and to
make certain amendments in the laws for the relief of the
in part, namely,–

section ten.
16 & 16 Vict. c. 81, An Act to consolidate and amend the statutes relating to
in part.

the assessment and collection of county rates in England
and Wales;
in part, namely,–

section thirty-eight.
16 & 17 Vict. c. 79. The Municipal Corporation Act, 1853.
16 & 17 Vict.c. 137. The Charitable Trusts Act, 1853 ;

in part, namely,

section sixty-five. 20 & 21 Vict. c. 50. The Municipal Corporation Act, 1857. 21 & 22 Viet. c. 43. An Act to amend the municipal franchise in certain cases.

22 Vict. c. 35. The Municipal Corporation Act, 1859.
22 & 23 Vict. c. 32, An Act to amend the law concerning the police in counties

and boroughs in England and Wales;
in part, namely,-

sections five and six.

in part.


in part.

24 & 25 Vict. c. 75. The Municipal Corporations Acts Amendment Act, 1861. Repeals. 31 « 32 Vict. c. 41. The Borough Electors Act, 1868. 32 & 33 Vict. c. 23. The Municipal Corporation (Recorders) Act, 1869. 32 & 33 Vict. c. 55. The Municipal Corporation (Election) Act, 1869. 32 & 33 Vict. c. 62, The Debtors Act, 1869; in part.

in part, namely,

section twenty-one. 34 & 35 Vict. c. 67. The Municipal Corporations Act, 1859, Amendment Act. 35 & 36 Vict. c. 33, The Ballot Act, 1872; in part.

in part, namely,

sections twenty and twenty-one.
35 & 36 Vict. c. 60. The Corrupt Practices (Municipal Elections) Act, 1872.
36 & 37 Vict. c. 33. The Municipal Corporations Evidence Act, 1873.
37 & 38 Vict. c. 59. The Working Men's Dwellings Act, 1874.
38 & 39 Vict. c. 40. The Municipal Elections Act, 1875.
39 & 40 Vict. c. 61, The Divided Parishes and Poor Law Amendment Act,
in part.

in part, namely,

section thirty.
10 & 41 Vict. c. 69. The Municipal Corporations (New Charters) Act, 1877.
11 & 42 Vict. c. 26, The Parliamentary and Municipal Registration Act, 1878;
in part.

in part, namely,

sections twenty, thirty-four, and forty-one.
Part II. of the First Schedule recites the Enactments repealed only as to
boroughs within this Act.* They are 26 in number, as follows:
3 Edw. 1, c. 6, The Statutes of Westminster, the first. Amerciaments
in part.

shall be reasonable :
in part, namely,

as far as it relates to a city, borough, or town.
3 Edw. 1, c. 31, The Statutes of Westminster, the first. Excessive toll in

market town. Murage ;
in part, namely,-

from “ Touching citizens " to "the King" inclusive. 15 Rich. 2, c. 5, St. 7 Edw. I. de Religiosis. Converting land to a churchin part.

yard declared to be within that statute. Mortmain, where
any is seised of lands to the use of spiritual persons.
Mortmain to purchase lands to gilds, fraternities, offices,
commonalties; or to their use;
in part, namely,

as far as it relates to mayors, bailiffs, and commons
of cities, boroughs, and other towns which have a

perpetual commonalty.
2 & 3 Phil. & Mary, An Act touching commissions of the peace and gaol deli-

very in towns corporate not being counties in themselves. 7 Jas. 1, c. 5, An Acte for ease in pleading against troublesome and con

tencious guites presented against justices of the peace,
maiors, constables, and certaine other His Majesties
officers for the lawful execution of their office;
in part, namely,–

as far as it relates to mayors of cities or towns

21 Jas. 1, c. 12, An Acte for ease in pleading against troublesome and con-
in part.

tencious suites;
in part, namely,

section three, as far as it relates to mayors of cities

or towns corporate.
11 Geo. 1, c. 4. An Act for preventing the inconvenience arising from want

of elections of mayors or other chief magistrates of
boroughs or corporations being made upon days appointed
by charter or usage for that purpose, and directing in
what manner such elections shall be afterwards made.

in part.

c. 18.

in part.

* But see Appendix for the Municipal Corporations Act, 1883 (46 & 47 Vict. c. 18), which brought certain boroughs then without th.s Act under its provisions.


in part.

12 Geo. 3, c. 21. An Act for giving relief in proceedings upon writs of man.

damus for the admission of freemen into corporations and

for other purposes therein mentioned. 32 Geo. 3, c. 58. An Act for the amendment of the law in proceedings upon

information in nature of quo warranto. 55 Geo. 3, c. 51. An Act to amend an Act of His late Majesty King George

the Second, for the more easy assessing, collecting, and

levying of county rates. 57 Geo. 3, c. 91. An Act to enable justices of the peace to settle the fees to

be taken by clerks of the peace of the respective counties

and other divisions of England and Wales. 2 & 3 Will. 4, c. 69. An Act to prevent the application of corporate property to

the purposes of election of members to serve in Par

liament. 3 & 4 Will. 4, c. 31. An Act to enable the election of officers of corporations and

other public companies now required to be held on the Lord's Day to be held on the Saturday next preceding or

on the Monday next ensuing. 4 & 5 Will. 4, c. 27. An Act for the better administration of justice in certain

boroughs and franchises. 7 Will. 4 & 1 Vict. An Act to empower the recorder or other person presiding c. 19,

at quarter sessions in corporate cities and towns, and justices of the peace for counties, ridings, or divisions, to

divide their respective courts in certain cases.
6 & 6 Vict. c. 104. The Municipal Corporation Act, 1842.
15 & 16 Vict. c. 5. The Municipal Corporation Act, 1852.
23 & 24 Vict. c. 16. The Municipal Corporation (Mortgages, &c.) Act, 1860.
23 & 24 Vict. c. 61, The Local Taxation Returns Act, 1860;

in part, namely,--
so far as it relates to the receipts and expenditure of

a municipal corporation.
23 & 24 Vict. c. 106, The Lands Clauses Consolidation Acts Amendment Act,
in part.

in part, namely,–

section six.
38 & 39 Vict. 0. 89, The Public Works Loans Act, 1876;
in part.

in part, namely,-
in section forty, the second paragraph (beginning

“ The council” and ending " this Act"), and the
words "and the council respectively" in the last

39 & 40 Vict. c. 20, The Statute Law Revision Act (Substituted Enactments)

Act, 1876;
in part, namely,-

section three.
40 & 41 Vict. c. 17. An Act to amend the law relating to the division of courts

of quarter sessions in boroughs.
40 & 41 Vict. c. 66, The Local Taxation Returns Act, 1877;

in part, namely,-
so far as it relates to the receipts and expenditure of

a municipal corporation.
42 & 43 Vict. c. 30, The Sale of Food and Drugs Act Amendment Act, 1879;

in part, namely,

section eight.
43 Vict. c. 17. The Town Councils and Local Boards Act, 1880.

6.—This Act shall apply to every * city and town to which the Municipal Corporations Act, 1835, applies at the commencement of this Act, and to any town, district, or place whereof the inhabitants are incorporated after the com

in part.

in part.

in part.


• A List of the Boroughs to which the Municipal Corporations Act of 1835 applied at the time of its passing, and those subsequently incorporated under its provisions, will be found in the Appendix.

Interpretation and construc


mencement of this Act, and whereto the provisions of the Municipal Corporation Acts are under this Act extended by charter, but to no other place.

7.-(1.) In this Act“ Borough

means, unless a contrary intention appears, a tion. city or town to which this Act applies ;

[The effect of this paragraph would not, however, seem to invalidate the use of the style “borough" by any city or town (to which this Act does not apply) where a prescriptive or chartered right to the user has been established).

Municipal corporation means the body corporate constituted by the incorporation of the inhabitants of a borough :

“Municipal Corporations Act, 1835,” means the recited Act of King William the Fourth, the date of the passing whereof is the ninth of September one thousand eight hundred and thirty-five:

“Municipal Corporations Acts” means this Act and any Act to be passed amending this Act :

“Burgess" includes citizen : "Corporate seal”

means the common seal of a municipal corporation :

Corporate office" means the office of mayor, alderman, councillor, elective auditor, or revising assessor :

“ Corporate land” means land belonging to or held in trust for a municipal corporation :

“Municipal election ” means an election to a corporate office :

“Parliamentary borough means any borough, city, county of a city, county of a town, place, or combination of places, returning a member to serve in Parliament, and not being a county at large, or a riding, parts, or division of a county at large :

“Parliamentary election means an election of a member to serve in Parliament:

“Parish " means any place for which a separate poor rate is or can be made :

"Overseers” means overseers of the poor of a parish, township, or place, and includes all persons who execute the duties of overseers :

By section 31 of the Local Government Act, 1888, those boroughs which are named in the Third Schedule to the Act are to be referred to as “County Boroughs.” The suture relations of such boroughs to the Counties in which they are situate are provided for in Clauses 31 to 39 of that Act (which see at pages 286 to 293).

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