Interpretation 66 and County" does not include a county of a city or county of 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, custom, or otherwise, is or ought to be holden in a borough, 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" means 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]. PART II. CONSTITUTION AND GOVErnment of Borough. Corporate Name. Corporate Name. municipal 8.-The municipal corporation of a borough shall bear the Name of name of the mayor, aldermen, and burgesses of the borough, corporation. 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. Gidley, 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 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]. 66 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. 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. burgess. (b.) Is on the fifteenth of July in any year, and has been (c.) Has during the whole of those twelve months resided in all poor rates made during those twelve months for the (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 (b.) Has within the twelve months aforesaid received union or parochial relief or other alms§; or (c.) Is disentitled under any Act of Parliament. [The effect of section 13 of the Act of (1869), section 4 of 35 & 36 Vict. c. 60 c. 26 (1878) is preserved in this clause. 1835, section 1 of 32 & 33 Vict. c. 55 (1872), and section 7 of 41 & 42 Vict. 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 Blackburn 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. under the section. Subsection 2, paragraphs d and e.: "Shop " and the ante- Burgesses. Council; Mayor, Aldermen and Councillors. 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. Reg. 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; Mayor, Aldermen, and Councillors. 10.—(1.) The municipal corporation of a borough shall be Constitution of capable of acting by the council of the borough, and the council shall exercise all powers vested in the corporation by this Act or otherwise. council. Qualification of councillor. (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. 8.) 910, supplies a ruling on this point.] 11.-(1.) The councillors shall be fit persons elected by the burgesses. (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 (b.) 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." |