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 Short titles of Acts partly repealed.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 officer in parliamentary elections. Disfranchised Parliamentary Boroughs. 245. Electors in disfranchised boroughs. Licensing. 246. Explanation of terms "town corporate," &c., in Licensing Act. 3.-This Act shall not extend to Scotland or Ireland. Extent. ment. 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 Repeals. hereby repealed, subject to the exceptions and qualifications in this Act mentioned. [Part I. of the First Schedule recites the Enactments repealed generally.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." 6 & 7 Will. 4, c. 103, in part. 6 & 7 Will. 4, c. 104. c. 78. | The Municipal Corporations Act, 1835. An Act for carrying into effect the reports of the Commissioners appointed to consider the state of the Established Church in England and Wales, with reference to ecclesiastical duties and revenues, so far as they relate to episcopal dioceses, revenues and patronage; in part, namely,— The Municipal Corporation (Boundaries) Act, 1836; The Municipal Corporation (Borough Fund) Act, 1836. 7 Will. 4 & 1 Vict. The Municipal Corporation (Watch Rate) Act, 1837. c. 81. 1 & 2 Vict. c. 31. 1 & Vict. c. 35. 2 & 3 Vict. c. 27. The Municipal Corporation (Benefices) Act, 1838. The Municipal Corporation (Borough Courts) Act, 1839. The Municipal Corporation (Rates) Act, 1845. An Act to confirm the incorporation of certain boroughs. 12 & 13 Vict. c. 82, An Act to relieve boroughs in certain cases from contribu- in part. section one. The Municipal Corporation (Incorporation) Act, 1850. section nine. An Act to continue two Acts passed in the twelfth and thirteenth years of the reign of Her Majesty, for charging 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 poor; in part, namely, section ten. 15 & 16 Vict. c. 81, An Act to consolidate and amend the statutes relating to the assessment and collection of county rates in England in part. 24 & 25 Vict. c. 75. 31 32 Vict. c. 41. 32 & 33 Vict. c. 23. 32 & 33 Vict. c. 55. 32 & 33 Vict. c. 62, in part. 34 & 35 Vict. c. 67. 35 & 36 Vict. c. 33, in part. 35 & 36 Vict. c. 60. 36 & 27 Vict. c. 33. 37 & 38 Vict. c. 59. 38 & 39 Vict. c. 40. 39 & 40 Vict. c. 61, in part. 10 & 41 Vict. c. 69. 11 & 42 Vict. c. 26, in part. The Municipal Corporations Acts Amendment Act, 1861. Repeals. The Municipal Corporation (Recorders) Act, 1869. Part II. of the First boroughs within this Act.* 3 Edw. 1, c. 6, in part. 3 Edw. 1, c. 31, in part. 15 Rich. 2, c. 5, in part. sections twenty, thirty-four, and forty-one. Schedule recites the Enactments repealed only as to The Statutes of Westminster, the first. Amerciaments in part, namely, as far as it relates to mayors, bailiffs, and commons 2 & 3 Phil. & Mary, An Act touching commissions of the peace and gaol deli- 7 Jas. 1, c. 5, in part. 21 Jas. 1, c. 12, in part. 11 Geo. 1, c. 4. very in towns corporate not being counties in themselves. An Acte for ease in pleading against troublesome and contencious guites presented against justices of the peace, maiors, constables, and certaine other His Majesties officers for the lawful execution of their office; 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. Lepeals. 12 Geo. 3, c. 21. 32 Geo. 3, c. 58. 57 Geo. 3, c. 91. Application. An Act for giving relief in proceedings upon writs of mandamus for the admission of freemen into corporations and for other purposes therein mentioned. An Act for the amendment of the law in proceedings upon information in nature of quo warranto. 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. 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 Parliament. 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. c. 19. 5 & 6 Vict. c. 104. An Act for the better administration of justice in certain An Act to empower the recorder or other person presiding 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. 1860; in part, namely, section six. 38 & 39 Vict. c. 89, The Public Works Loans Act, 1875; in part. in part, namely, 21 in section forty, the second paragraph (beginning "The council" and ending "this Act"), and the words "and the council respectively" in the last paragraph. 39 & 40 Vict. c. 20, The Statute Law Revision Act (Substituted Enactments) in part. Act, 1876; in part, namely, section three. An Act to amend the law relating to the division of courts of quarter sessions in boroughs. 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. 43 Vict. c. 17. in part, namely,― section eight. 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 * 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. 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 Interpretation and construc "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: 66 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: 66 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 future 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). |