Page images

Interpretation “ County" does not include a county of a city or county of

and Construction. a town, but includes a riding, parts, division, or liberty of a

county :

“ Trustees” means trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, however designated :

“Person ” includes a body of persons corporate or unincorporate :

" Treasury” means the Commissioners of Her Majesty's Treasury :

“ The Secretary of State” means one of Her Majesty's Principal Secretaries of State:

“High Court” means Her Majesty's High Court of Justice : “Justice” means one of Her Majesty's justices of the peace :

Borough civil court" means an inferior court of record for the trial of civil actions which by charter, custoin, or otherwise, is or ought to be holden ir a borougb, but does not include a county court :

“Bank of England” means the Governor and Company of the Bank of England :

“ Schedule means schedule to this Act, and “Part” part of this Act:

• Writing” includes print, and "written ” includes printed.

(2.) Words in this Act referring to a borough, municipal corporation, authority, officer, or office, shall be construed distributively as referring to each borough, corporation, authority, officer, or office to which or to whom the provision is applicable.

(3.) Words in this Act referring to a parish shall be construed, unless a contrary intention appears, as referring to every parish situate wholly or in part in a borough.

(4.) The schedules shall be read and have effect as if they were part of this Act.

[The effect of section 142 of the Act of 1835, section 14 of 16 & 17 Vict. c. 79, and section 4 of 41 & 42 Vict. c. 26, is preserved in this clause).




Corporate Name.

Corporate Name.

8.—The municipal corporation of a borough shall bear the Name of name of the mayor, aldermen, and burgesses of the borough, corporatic n. or, in the case of a city,* the mayor, aldermen, and citizens of the city.t

[This clause preserves the effect of section 6 of the Act of 1835 and clears away certain doubts which had arisen under that Act with respect to the proper style and name of a municipal corporation governed under its provisions. Section 6 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 council) to do and suffer all acts which now lawfully they and their successors respectively may do and suffer by any name or title of incorporation.” As to the effects of misnomer of corporations, see Mayor and Burgesses of Lyme Regis (10 Rep. 120, 123), Mayor of Stafford v. Bolton (1 B. & P. 40). The absence of the express proviso now included in clause 8 of the present Act was deemed in many quarters to bar the use of the word “ citizens” in all legal documents or instruments. In 1878 the town clerk of Exeter (B. C. Giuley, M.A.) suggested the subject for discussion (and determination by the Exeter City Council) in an interesting pamphlet, which quoted judicial opinions in favour of the term “ citizens,' and not a burgesses," being employed in the corporate style of cities. It is difficult to comprehend how any very serious misgiving could have arisen under the Act of 1835 when careful consideration was given to the 6th, 137th and 142nd clauses of that statute. The last-named clause defined clearly that “ Burgess shall be construed to mean citizen in the case of a city.” The present clause, however, wisely leaves no room for doubt].



Burgesses. 9.-(1.) A person shall not be deemed a burgess for any qualification of purpose of this Act unless he is enrolled as a burgess.

[See sections 201-209 as to the rights of freemen to enjoy the privileges of burgesses.]

(2.) A person shall not be entitled to be enrolled as a burgess unless he is qualified as follows:

* The cities to which the distinctive style contained in the latter part of this clause apply are given in the Appendix.

7 By section 34 of the Local Government (England and Wales) Act, 1888 " The mayor, aldermen, and burgesses of a county borough (named at page 303) are to have all the duties, powers, and liabilities of a county council under the Act. See Appendix.



age; and

(a.) Is of full age;
(6.) Is on the fifteenth of July in any year, and has been

during the whole of the then last preceding twelve
months* in occupation, joint or several, of any house,
warehouse, counting-house,t shop, or other building (in
this Act referred to as qualifying property) in the

borough ; and (c.) Has during the whole of those twelve months residedt in

the borough, or within seven miles thereof; and (a.) Has been rated in respect of the qualifying property to

all poor rates made during those twelve months for the

parish wherein the property is situate; and (e.) Has on or before the twentieth of the same July paid

all such rates, including borough rates (if any), as have become payable by him in respect of the qualifying property up to the then last preceding fifth of

January [By section 3 of the County Electors Act, 1988, it is enacted that “Every person who is entitled to be registered as a voter in respect of a ten pounds occupation qualification within the meaning of the provisions of the Registration Act, 1885, which are set out in the schedule to this Act, shall be entitled to be registered as a county elector, and to be enrolled as a burgess, in respect of such qualification, in like manner in all respects as if the sections of the Municipal Corporations Act, 1882, relating to a burgess qualification included the said ten pounds occupation qualification."]

(3.) Every person so qualified shall be entitled to be enrolled as a burgess, unless he

(a.) Is an alien; or
(6.) Has within the twelve months aforesaid received union

or parochial relief or other almsg; or
(c.) Is disentitled under any Act of Parliament.
[The effect of section 13 of the Act of 1835, section 1 of 32 & 33 Vict. c. 55
(1869), section 4 of 35 & 36 Vict. c. 60 (1872), and section 7 of 41 & 42 Vict.
c. 26 (1878) is preserved in this clause. It will be observed that under sub-

* Section 9 of the Act of 1835 fixed three years for the term of residence, which was shortened to one year by section 1 of 32 & 33 Vict. c. 55 (1869). By the Municipal Voters Relief Act, 1885 (48 Vict. c. 9, s. 2- See Appendix), it was enacted that a burgess who lets his house as a furnished house, for a period not exceeding four months in the qualifying period, and does not for that period reside within seven miles of a borough is not to be disqualified. See also Greenway v. Batchelor, L. J. (n. s.) 1883, page 127, as to joint occupation of a private residence where the landlord paid the rates.

† An attorney's office, if occupied, comes within the meaning of " counting-house." See re Creek (32 L.T., Q.B., 89).

See Reg. v. Mayor of Exeter-(Wescomb's case, L. R., 4 Q.B., 110 ; per Black. burn J., as to what is, “in common sense," a residence.

By the Medical Relief Disqualification Act, 1885 (48 & 49 Vict. c. 46). the receipt of medical or surgical assistance or any medicine at the expense of the poor's rate is not to disqualify a burgess in respect of being registered and voting. See Appendix.

section 2, paragraphs b and c, a burgess must be an inhabitant as well as an Burgesses. occupying householder. The residence must be actual and bona fide ; mi re 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. By 32 & 34 Vict. c. 55, s. 1 provides that the respective distances mentioned in that Act should 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." The words of that section are, "That the said distance shall be understood to be the dietance of seven miles as measured in a straight line, on the horizontal plane, from the point within a city or borough, or place sharing in the election therewith, from which such distance is to be measured, according to the directions in that behalf in the said Act : Provided always, that in cases where there is now or shall hereafter be a map of any city or borough and of the country surrounding the same, drawn or published under the authority and direction of the principal officers of Her Majesty's Ordnance, such distance may be measured and determined by the said map.” This principle was acted on in cases of measurement under Metropolitan Police Acts as to cabs (16 & 17 Vict. c. 127, s. 13); Bankers' Cheques (17 & 18 Vict. c. 83, s. 7), see Reg. v. Inhabitants of Saffron Walden (92 B., 76), Lake v. Butler (6 E. & B., 350). No point is fixed as to or from which the distance is to be measured. A burgess 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. Paragraplı b of the clause has been also settled in respect to the words "joint and several” with reference to the case of Reg. v. The Mayor of Exeter (Dipstale's case, L. R., 4 Q. B., 114). The rule called upon the mayor to show cause why a mandamus should not issue, commanding him to admit one Dipstale into the place and office of one of the burgesses of the city. Dipstale occupied a house in Exeter jointly with his partner, and carried on his Łusiness there. He had the exclusive use of a furnished bed-room and sitting-room. He resided more than seven miles from Exeter, but visited the city every day except Sundays to attend to his business, which he always transacted at the house, and sometimes took his meals there. His affidavit stated that he “ sometimes "slept there :-Held (by JJ. Blackburn and Hannen) that a joint occupation was a sufficient occupation under sec. 9 of the Municipal Corporations Act, to entitle a man to be placed on the list of burgesses, but the Court held that Dipstale had not inbabited the house so as to constitute him an inhabitant householder under the section. Subsection 2, paragraphs d and e. : “Shop” and the antecedent terms are by 41 & 42 Vict. c. 26, s. 5, made to include part of a house, if such part is separately occupied for the purpose of any trade, business or profession. The same "shop" may be now jointly occupied. It is important that a right description of the qualification be inserted on the burgess roll, as otherwise the name may be removed. Reg. v. Mayor of Chipping Wycombe (44 L. J., Q. B., 82). 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. Moss (appellant) v. Overseers of Lichfield (respondents), (1 Man. & G., 72). 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. Payment by another person acting as a volunteer and without any authority from the person liable is not sufficient. Reg. v. Mayor and Corporation of Bridgnorth (10 A & E., 66). 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 considered a sufficient payment by the tenant. Moger v. Escott (L. R., 7 C. P., 158). The non-payment of an illegal rate does not disqualify ratepayer, although he has not appealed against it. Reg. v. Mayor of New Windsor (7 Q. B., 908). Occupiers of any house, warehouse, 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 situato are required to put the name of the occupier upon the rate for the time being. Relief of any kind (subsect. 3, par. b.)--other than medical or surgical relief given by the poor-law


Burgesses. 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 : Relief to a man's father not within section. Rey, v. Ireland (L. R., 3 Q. B., 130). Instruction in the endowed schools is not a cause of disqualification for burgessship; section 10 of the Act of 1835 expressly defined this exemption, and paragraphs a and b, subsection 4, clause 33 of this Act, renew it. “Other alms” mean parochial alms, within the ruling of Reg. v. Mayor of

Lichfield (2 Q. B., 693).]
Council ;

Council ; Jayor, Aldermen, and Councillors.
Aldermen and

10.-(1.) The municipal corporation of a borough shall be Counciliors. Constitution of capable of acting by the council of the borough, and the council council,

shall exercise all powers vested in the corporation by this Act or otherwise.

(2.) The council shall consist of the mayor, aldermen, and councillors.

[The effect of sections 6 and 25 of the Act of 1835 is preserved in this clause. It should be noted that the council is not “the corporation” as is sometimes imagined. They are simply the persons chosen by the corporation (the mayor, aldermen, and burgesses at large), to conduct its affairs. The Corporation of Hyde v. The Bank of England, 46 L. T. R. (N. B.)

910, supplies a ruling on this point.] Qualification of 11.-(1.). The councillors shall be fit persons elected by the


(2.) A person shall not be qualified to be elected or to be a councillor, unless he-

(a.) Is enrolled and entitled to be enrolled as a burgess; or (6.) Being entitled to be so enrolled in all respects, except

that of residence, is resident beyond seven miles but within fifteen miles of the borough, and is entered in the separate non-resident list directed by this Act to be

made* ; and (c.) In either of those cases, is seised or possessed of real or

personal property or both, to the value or amount, in the case of a borough having four or more wards, of one thousand pounds, and in the case of any other borough, of five hundred pounds, or is rated to the poor rate in the borough, in the case of a borough having four or more wards, on the annual value of thirty pounds, and

in the case of any other borough of fifteen pounds. (3.) Provided, that every person shall be qualified to be elected and to be a councillor, who is, at the time of election,

* See hereon sub-section 12 of section 75 of the Local Government Act, 1888, as follows:-"Section 11 of the Municipal Corporations Act, 1882, with respect to the qualification of a county councillor by reason of his being entered in the separate non-resident list, shall include, for the purposes of this Act (the Local Government Act), all persons entered in such separate list in any municipal borough by reason of occupation of property in the borough.'

« PreviousContinue »