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Municipal Corporations Act 1882

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEEnactments repealed

Part I

Enactments repealed generally

5 & 6 Will. 4. c. 76.The Municipal Corporations Act, 1835.
6 & 7 Will. 4. c. 77. in part.

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,—

section twenty-six.

6 & 7 Will. 4. c 103. in part.The Municipal Corporation (Boundaries) Act, 1836; except section six (Berwick).
6 & 7Will. 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. c. 78.The Municipal Corporation (General) Act, 1837.
7 Will. 4. & 1 Vict. c. 81.The Municipal Corporation (Watch Rate) Act, 1837.
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. in part.

An Act to relieve boroughs in certain cases from contribution 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. in part.

The Municipal Corporation (Justices) Act, 1850;

in part, namely,—

section nine.

13 & 14 Vict. c. 101. in part.

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. in part.

An Act to consolidate and amend the statutes relating to the assessment and collection of county rates in England and Wales;

in part, namely,—

section thirty-eight.

16 & 17 Vict. o. 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 Vict. 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. in part.

An Act to amend the law concerning the police in counties and boroughs in England and Wales;

in part, namely,—

sections five and six.

24 & 25 Vict. c. 75.The Municipal Corporations Acts Amendment Act 1861.
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. in part.

The Debtors Act, 1869;

in part, namely,—

section twenty-one.

34 & 35 Vict. c. 67.The Municipal Corporations Act, 1859, Amendment Act.
35 & 36 Vict. c. 33. in part.

The Ballot Act, 1872;

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. in part.The Divided Parishes and Poor Law Amendment Act, 1876; in part, namely,—section thirty.
40 & 41 Vict. c. 69.The Municipal Corporations (New Charters) Act, 1877.
41 & 42 Vict. c. 26. in part.

The Parliamentary and Municipal Registration Act, 1878 ;

in part, namely,—

sections twenty, thirty-four, and forty-one.

Part II

Enactments repealed only as to Boroughs within this Act

3 Edw. 1. c.6.

in part.

The Statutes of Westminster, the first. Amerciaments shall be reasonable;

in part, namely,—

as far as it relates to a city, borough, or town.

3 Edw. 1. c. 31.

in part.

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.

in part.

St. 7 Edw. I. de Religiosis. Converting land to a churchyard 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 c. 18.An Act touching commissions of the peace and gaol delivery in towns corporate not being counties in themselves.

7 Jas. 1. c. 5.

in part.

An Acte for ease in pleading against troublesome and contencious suites presented against justices of the peace, majors, 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 corporate.

21 Jas. 1. c. 12.

in part.

An Acte for ease in pleading against troublesome and contencious 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.
12 Geo. 3. c. 21.An Act for giving relief in proceedings upon writs of mandamus 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 ouo 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 WsIps
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.An Act for the better administration of justice in certain boroughs and franchises.
7 Will. 4. & 1 Vict. c. 19.An Act to empower the recorder or other person presiding 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.
5 & 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. 51. in part.

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. in part.The Lands Clauses Consolidation Acts Amendment Act, 1860; in part, namely,—section six.
38 & 39 Vict. c. 89. in part.

The Public Works Loans Act, 1875;

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 paragraph.

39 & 40 Vict. c. 20. in part.

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. in part.

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. in part.

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.

SECOND SCHEDULEMeetings and Proceedings of Council

1The council shall hold four quarterly meetings in every year for the transaction of general business.

2The quarterly meetings shall be held at noon on each ninth of November, and at such hour on such other three days before the first of November then next following as the council at the quarterly meeting in November decide or afterwards from time to time by standing order determine.

3The mayor may at any time call a meeting of the council.

4If the mayor refuses to call a meeting after a requisition for that purpose, signed by five members of the council, has been presented to him, any five members of the council may forthwith, on that refusal, call a meeting. If the mayor (without so refusing) does not within seven days after such presentation call a meeting, any five members of the council may, on the expiration of those seven days, call a meeting.

5Three clear days at least before any meeting of the council, notice of the time and place of the intended meeting, signed by the mayor, or if the meeting is called by members of the council, by those members, shall be fixed on the town hall. Where the meeting is called by members of the council, the notice shall specify the business proposed to be transacted thereat.

6Three clear days at least before any meeting of the council, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the town clerk, shall be left or delivered by post in a registered letter at the usual place of abode of every member of the council, three clear days at least before the meeting.

7Want of service of the summons on any member of the council shall not affect the validity of a meeting.

8No business shall be transacted at a meeting other than that specified in the summons relating thereto, except in case of a quarterly meeting, business prescribed by this Act to be transacted thereat,

9At every meeting of the council, the mayor, if present, shall be chairman. If the mayor is absent, then the deputy mayor, if chosen for that purpose by the members of the council then present, shall be chairman. If both the mayor and the deputy mayor are absent, or the deputy mayor, being present, is not chosen, then such alderman, or in the absence of all the aldermen, such councillor, as the members of the council then present choose, shall be chairman.

10All acts of the council, and all questions coming or arising before the council may be done and decided by the majority of such members of the council as are present and vote at a meeting held in pursuance of this Act, the whole number present at the meeting, whether voting or not, not being less than one third of the number of the whole council.

11In case of equality of votes, the chairman of the meeting shall have a second or casting vote,

12Minutes of the proceedings of every meeting shall be drawn up and fairly entered in a book kept for that purpose, and shall be signed in manner authorized by this Act.

13Subject to the foregoing provisions of this Schedule, the council may from time to time make standing orders for the regulation of their proceedings and business, and vary or revoke the same.

THIRD SCHEDULEElections

Part I

Preparation and Revision of Parish Burgess Lists in Boroughs not Parliamentary

1On or before each first of September, the overseers of each parish shall make, sign, and deliver to the town clerk a list, called the parish burgess list, of all persons entitled to be enrolled in the burgess roll for the year in respect of property in that parish.

2The overseers shall keep a printed copy of the parish burgess list made by them open to public inspection on the first fifteen days of September.

3The town clerk shall cause a printed copy of all the parish burgess lists to be fixed on the town hall, and to be kept so fixed during the last seven of those fifteen days.

4Every person whose name is not in a parish burgess list, and who claims to have it inserted therein (in this Act referred to as a claimant), shall, on or before the fifteenth of September, give notice in writing of his claim to the town clerk.

5Every person whose name is in a parish burgess list may object to any other person as not being entitled to have his name retained in that or any other parish burgess list.

6Every person so objecting (in this Act referred to as an objector) shall on or before the fifteenth of September, give to the town clerk, and also give to the person objected to, or leave at or on the property for which he appears in the parish burgess list to be rated, notice in writing of the objection.

7The town clerk shall make two separate lists of the claimants and the persons objected to (in this Act referred to as respondents), and shall cause printed copies thereof to be fixed on the town hall, and to be kept So fixed during the last seven days of September.

8He shall also keep a printed copy of each of these lists, open to public inspection on any day during the same seven days.

9The mayor and the two revising assessors shall in each year revise the parish burgess lists.

10They shall for this purpose hold an open court in the borough on some or one of the first fifteen days of October.

11They shall give three clear days notice of the holding of the court, by notice fixed on the town hall.

12The town clerk shall at the opening of the court produce the parish burgess lists, and a copy of the lists of claimants and respondents.

13The court shall insert in the parish burgess lists the name of every, person who has duly claimed to have his name inserted therein, and is. proved to the satisfaction of the court to be so entitled.

14The court shall expunge from the parish burgess lists the name of every person proved to the court to be dead.

15Subject as aforesaid, the court shall retain in the parish burgess lists the name of every person to whom objection has not been duly made.

16The court shall also retain therein the name of every respondent, unless the objector appears by himself, or by some person on his behalf, in support of the objection.

17Where the objector so appears, the court shall require proof of the respondent's qualification, and, if it is not proved to the satisfaction of the court, shall expunge his name from the parish burgess list.

18If the name of any person is entered in respect of property situate in more than one ward, the court may call upon him to choose, and if he does not choose, may determine in which of those wards he shall be entitled to vote.

19The court shall correct any mistake and supply any omission proved to the court to have been made in any of the lists with respect to the name or abode of any person, or the description of any property.

20The overseers, vestry clerks, and collectors of poor rates of every parish shall attend the court.

21The court may require any overseer or person having the custody of any book containing any poor rate made in any year in any parish to produce the same at the court for inspection.

22The court may examine on oath the town clerk, overseers, vestry clerks, and collectors, and any claimant, objector, respondent, or witness.

23The court shall, on the hearing in open court, determine on the validity of all claims and objections.

24The mayor shall, in open court, write his initials against each name inserted or expunged, and against any part of the lists in which a mistake has been corrected or omission supplied, and shall sign his name to every page of the lists so revised.

25The mayor may adjourn the court from time to time, so that no adjourned court be held after the fifteenth of October.

Part II

Rules as to Nomination in Elections of Councillors

1Every candidate for the office of councillor must be nominated in writing.

2The writing must be subscribed by two burgesses of the borough or, in the case of a ward election, of the ward, as proposer and seconder, and by eight other burgesses of the borough or ward, as assenting to the nomination.

3Each candidate must be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination papers as there are vacancies to be filled, but no more.

4Each person nominated must be enrolled in the burgess roll or entered in the separate non-resident list required by this Act to be made.

5The nomination paper must state the surname and other names of the candidate, with his abode and description.

6The town clerk shall provide nomination papers, and shall supply any burgess with as many nomination papers as may be required, and shall, at the request of any burgess, fill up a nomination paper.

7Every nomination paper subscribed as aforesaid must be delivered by the candidate, or his proposer or seconder, at the town clerk's office, seven days at least before the day of election, and before five o'clock in the afternoon of the last day for delivery of nomination papers.

8The town clerk shall forthwith send notice of every such nomination to each candidate.

9The mayor shall attend at the town hall on the day next after the last day for delivery of nomination papers for a sufficient time, between the hours of two and four in the afternoon, and shall decide on the validity of every objection made in writing to a nomination paper.

10Where a person subscribes more nomination papers than one, his subscription shall be inoperative in all but the one which is first delivered.

11Each candidate may, by writing signed by him, or, if he is absent from the United Kingdom, then his proposer or seconder may, by writing signed by him, appoint a person (in this schedule referred to as the candidate's representative) to attend the proceedings before the mayor on behalf of the candidate, and this appointment must be delivered to the town clerk before five o'clock in the afternoon of the last day for delivery of nomination papers.

12Each candidate and his representative, but no other person, except for the purpose of assisting the mayor, shall be entitled to attend the proceedings before the mayor.

13Each candidate and his representative may, during the time appointed for the attendance of the mayor for the purposes of this schedule, object to the nomination paper of any other candidate for the borough or ward.

14The decision of the mayor shall be given in writing, and shall, if disallowing an objection, be final, but, if allowing an objection, shall be subject to reversal on petition questioning the election or return.

15The town clerk shall at least four days before the day of election cause the surnames and other names of all persons validly nominated, with their respective abodes and descriptions, and the names of the persons subscribing their nomination papers as proposers and seconders, to be printed and fixed on the town hall, and in the case of a ward election, in some conspicuous place in the ward.

16The nomination of a person absent from the United Kingdom shall be void, unless his written consent given within one month before the day of his nomination in the presence of two witnesses is produced at the time of his nomination.

17Where the number of valid nominations exceeds that of the vacancies, any candidate may withdraw from his candidature by notice signed by him, and delivered at the town clerk's office not later than two o'clock in the afternoon of the day next after the last day for delivery of nomination papers : Provided that such notices shall take effect in the order in which they are delivered, and that no such notice shall have effect so as to reduce the number of candidates ultimately standing nominated below the number of vacancies;

18In and for the purposes of the provisions of this Act relating to proceedings preliminary to election, the burgess roll or ward roll which will be in force on the day of election shall be deemed to be the burgess roll or ward roll and a person whose name is inserted in one of the lists from which the burgess roll or ward roll will be made up, shall be deemed to be enrolled in that roll although that roll is not yet completed.

Part III

Modifications of the Ballot Act in its Application to Municipal Elections

1The provisions of the Ballot Act, 1872, with respect to the voting of a returning officer, the use of a room for taking a poll, and the right to vote of persons whose names are on the register of voters, and Rules 16 and 19 in the schedule to that Act, shall not apply in the case of a municipal election.

2The mayor shall at least four days before the day of election give public notice of the situation, division, and allotment of polling places for taking the poll at the election, and of the description of the persons entitled to vote thereat, and at the several polling stations.

3The mayor shall provide everything which in the case of a parliamentary election is required to be provided by the returning officer for the purpose of a poll, and shall appoint officers for taking the poll and counting the votes.

4The mayor shall furnish every polling station with such number of compartments in which the voters can mark their votes screened from observation and furnish each presiding officer with such number of ballot papers, as in the judgment of the mayor may be necessary for effectually taking the poll at the election.

5All expenses of the election shall be defrayed in manner by this Act provided.

6No return shall be made to the clerk of the Crown in Chancery.

Part IV

Enactments which are to revive on the Expiration of the Ballot Act

With respect to a contested election of councillors, elective auditors, or revising assessors, the following rules shall be observed :

1The returning officer shall cause the requisite polling booths to be erected, or the requisite rooms to be hired and used as polling booths.

2The returning officer shall, at least two days before the day of election, give public notice of the situation, division, and allotment of the different booths.

3Each booth shall be divided into compartments, and the returning officer shall appoint a clerk to take the poll at each compartment.

4There shall be affixed on each booth a notice specifying the part of the borough for which it is allotted.

5No person shall be admitted to vote at any booth except that allotted for the part in which his qualifying property is situate, unless no booth is allotted for that part, in which case he may vote at any booth.

6If there is more than one booth, the returning officer may appoint a deputy to preside at each booth.

7A burgess may vote by delivering to the returning officer or his deputy a voting paper containing the surnames and other names of the persons for whom he votes, with their abodes and descriptions. The voting paper must be signed by the burgess, and must state the qualifying property in respect of which he votes.

8The returning officer or his deputy shall, if so required by two burgesses, put to any person offering to vote at the time of his delivering in his voting paper, but not afterwards, the following question :

"Are you the person whose name is signed as [A.B.] to the voting paper now delivered in by you?" The vote of a person required to answer this question shall not, be received until he has answered it. If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanour.

9The returning officer shall, at the close of the poll, examine the voting papers, and shall publish a list of the persons elected not later than two o'clock in the afternoon of the day next but one after the day of election.

10The town clerk shall, for a period of six months from the day of election, keep at his office the voting papers used at the election, and shall permit any burgess to inspect the same on payment of one shilling for each search.

FOURTH SCHEDULEFees and Remuneration

The following fees and remuneration shall be payable :—

1. Commissioner, for Division into Wards or Alteration of Wards

Five guineas for every day he is employed, over and above his travelling and other expenses.

2. Assistant Recorder and Officers of Second Court of Quarter Sessions

For every day not exceeding two, or, by resolution of the council, with the sanction of the Secretary of State, not exceeding six—
To an assistant recorderTen guineas.
To an assistant clerk of the peaceTwo guineas.
To an additional crierHalf a guinea.
The remuneration is payable on a certificate from the recorder showing the amount due.

3. Coroner

To the borough coroner (subject to the provisions of any other Act relating to coroners)—
For every inquisition which he duly takes in the boroughTwenty shillings.

and

For every mile exceeding two miles which he is compelled to travel from his usual place of abode to take such inquisition

Ninepence.

4. Special Constables

To a special constable, for every day during which he is") called out to act as suchThree shillings and sixpence.

FIFTH SCHEDULEPayments out of the Borough Fund

Part I

Payments which may be made without Order

1The remuneration (if any) of the mayor, of the recorder (if any) in his capacity either of recorder or of judge of a borough civil court, of the stipendiary magistrate (if any), of the town clerk, of the treasurer, of the clerk of the peace when paid by salary, of every other officer appointed by the council, and of the clerk to the justices.

2The remuneration and allowances certified by the Treasury to be payable to the Treasury in respect of an election petition.

3The remuneration certified by the recorder to be due to any assistant recorder assistant clerk of the peace, or additional crier.

Part II

Payments which may not be made without Order

1The expenses incurred by overseers, and by the town clerk and other municipal authorities, in relation to the enrolment of burgesses and the holding of municipal elections, or so much of those expenses as is not otherwise provided for under section thirty of the Parliamentary and Municipal Registration Act, 1878.

2The expenses incurred by the town clerk, in providing accommodation for an election court held under this Act.

3The expenses of providing, furnishing, maintaining, or improving the corporate buildings, including the justices room (if any), and the necessary expenses of that room.

4The fees payable to the clerk of the peace if not paid by salary, and under this Act to the borough coroner.

5The payments to be made under this Act to or in respect of the borough police and to any special constable, including the following payments (namely);

(a)Such salaries, wages, and allowances to the borough constables, and at such periods, as the watch committee, with the approbation of the council, direct; and

(b)Such further sum as may be awarded by the watch committee, subject to the approbation of the council, or by the court of quarter or petty sessions, to a borough constable as a reward for extraordinary diligence or exertion, or as a compensation for wounds or severe injuries received in the performance of his duty, or as may be awarded by the watch committee, subject to the approbation of the council, to a borough constable, as an allowance to him when disabled by bodily injury, or worn out by length of service; and

(c)Any extraordinary expenses which a borough constable appears to have necessarily incurred in apprehending offenders, and executing the orders of any justice having jurisdiction in the borough, such expenses haying been first examined and approved by that justice ; and

(d)All other charges and expenses which the watch committee, subject to the approbation of the council, direct to be paid for the purposes of the borough constabulary force.

6The costs and expenses payable by the corporation in respect of the prosecution, maintenance, conveyance, transport, or punishment of offenders.

7All sums payable under this Act by the corporation of the borough to the treasurer of a county.

8The expenses of and incidental to the division of a borough into wards or the alteration of wards, including the remuneration of the commissioner appointed for the purposes of the division or alteration.

9Such remuneration to the clerk to any commissioners for taxes in respect of making copies of assessments as the council think reasonable.

10The expenses of and relating to a charter of incorporation for a borough, and of and relating to all elections acts and proceedings under the charter.

11All expenses charged on the borough fund by any Act of Parliament or otherwise by law.

12All other expenses, not by this Act otherwise provided for, necessarily incurred in carrying this Act into effect

SIXTH SCHEDULECounties to which certain Boroughs are to be considered adjoining for purposes of criminal trials

Berwick-upon-TweedNorthumberland.
BristolGloucestershire.
ChesterCheshire.
ExeterDevonshire.
Kingston-upon-HullYorkshire.
Newcastle-upon-TyneNorthumberland.

SEVENTH SCHEDULEProcedure for Scheme on Grant of New Charter

1The Committee of Council may, if they think fit, require the draft of a proposed scheme to be submitted to them, either together with the petition for a charter, or at any subsequent period.

2The draft of a proposed scheme shall be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested.

3Before settling the scheme the Committee of Council shall consider any objections which may be made thereto by any local authority or persons affected thereby.

4The scheme, when settled, shall, besides being published in the London Gazette, be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested.

5Where a scheme is submitted to Parliament for confirmation, the Committee of Council may introduce a Bill for the confirmation of the scheme, which Bill shall be a Public Bill.

6Before such Bill is introduced into Parliament the Committee of Council may alter the scheme in such manner as they think proper.

7If while the Bill confirming a scheme is pending in either House of Parliament .a petition is presented against the scheme, the Bill, so far as it relates to such scheme, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Private Bill.

8A scheme shall come into operation at the date of its confirmation or any later date mentioned in the scheme.

9The confirmation of a scheme shall be conclusive evidence that all the requirements of this Act with respect to proceedings required to be taken previously to the making of the scheme have been complied with, and that the scheme has been duly made, and is within the powers of this Act.

EIGHTH SCHEDULEFORMS

Part IDeclarations on accepting Office

Form A Form of Declaration on Acceptance of Corporate Office I, A.B., having been elected mayor [or alderman, councillor, elective auditor, or revising assessor] for the borough of _____________, hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability [and in the case of the person being qualified by estate say, And I hereby declare that I am seised or possessed of real or personal estate, or both [as the case may be], to the value or amount of one thousand pounds, or five hundred pounds [as the case may require], over and above what will satisfy my just debts]. Form B Declaration by Recorder or Borough Justice I, A.B., hereby declare that I will faithfully and impartially execute the office of recorder [or justice of the peace] for the borough of according to the best of my judgment and ability.

Part IIForms relating to Elections

Form C The List op Burgesses of the Borough of ___________________ in the parish ____________[or Township] of___________________

Surname and other Names of each Person in full.Nature of Property for which he is now rated.Name and Situation of Property for -which he is now rated.
Ashton, JohnShopNo. 23, Church Street.
Bates, ThomasHouseBrook's Farm.

(Signed) A.B. C.B.Overseers. Form D Notice of Claim To the Town Clerk of the Borough of __________________I hereby give you notice, that I claim to have my name inserted in the parish burgess lists of the borough of ________________that I occupy [here describe the house, warehouse, counting-house, shop or other building then occupied by the claimant] in the borough, and that I have been rated in the parish of [here state the parish or several parishes, and the time during which the claimant has been rated in each of them within the borough, necessary for his qualification.] Dated the _________________day of _________________in the year (Signed) ____________John Allen of [place of abode]. Form E Notice of Objection To the Town Clerk of the Borough of ___________________[or to the person objected to _______________________as the case may be]. I hereby give you notice, that I object to the name of Thomas Bates of Brook's Farm, in, the parish of _____________________________[describe the person objected to as described in the parish burgess list] being retained on the parish burgess lists of the borough of ___________________ Dated the ___________________day of ___________________in the year (Signed) _______John Ashton of [here state the place of abode and the property for which he is said to be rated in the parish burgess lists]. Form F List of Claimants The following Persons claim to have their Names inserted in the Parish Burgess Lists of the Borough of

Surname and other Names of each Claimant.Nature of Property for which he is now rated.Situation of Property for which he is now rated.Parish [or Parishes] in which he has been rated, as stated in the Claim.
Allen, JohnHouseNo. 17, High Street.Rated in the last year in Saint Mary's parish in the borough, and in the two preceding years in Saint James's parish in the Borough.
(Signed) A.B., Town Clerk.

Form G List of Persons Objected to The following Persons have been objected to as not being entitled to have their Names retained in the Parish Burgess Lists of the Borough of

Surname and other Names of each Person objected to.Nature of Property for which he is now rated.Situation of Property for which he is said to be now rated in the Overseers List.Parish in which is the Property for which he is now said to be rated in the Overseers List.
Bates, ThomasHouseBrook's FarmSaint James'.
(Signed)A.B., Town Clerk.

Form H Notice Borough of ____________________. Election of [Councillors, or elective Auditors, or revising Assessors, as the case may be] for the [ ____________________Ward or several Wards of the] Borough. Take Notice,

1That an election of [here insert the number of councillors auditors, or assessors, as the case may be] for the [ __________________ward or several wards of the] said borough will be held on the ____________________day of________________________

2Candidates must be nominated by writing, subscribed by two burgesses as proposer or seconder, and by eight other burgesses as assenting to the nomination.

3Candidates must be duly qualified for the office to which they are nominated, and the nomination paper must state the surname and other names of the person nominated, with his abode and description, and may be in the following form, or to the like effect:

(Set, out Form I.)

4Each candidate must be nominated by a separate nomination paper, but the same burgesses or any of them may subscribe as many nomination papers as there are vacancies to be filled for the borough [or ward], but no more.

5Every person who forges a nomination paper, or delivers any nomination paper knowing the same to be forged, will be guilty of a misdemeanor, and be liable to imprisonment for any term not exceeding six months, with or without hard labour.

6Nomination papers must be delivered by the candidate himself, or his proposer or seconder, at the town clerk's office before five o'clock in the afternoon of ________________day the ___________________day of _____________________next.

7The mayor will attend at the town hall on __________________day the day of _______________, for a sufficient time between the hours of two and four o'clock in the afternoon, to hear and decide objections to nomination papers.

8Forms of nomination papers may be obtained at the town clerk's office; and the town clerk will, at the request of any burgess, fill up a nomination paper. Dated this _____________________day of _________________18_______. A.B., Town Clerk. Form I Nomination Paper Borough of ___________________. Election of Councillors, [elective Auditors, or

____________revising Assessors] for _____________________Ward in the said Borough [or the _________said Borough] to be held on the ___________________day of ___________________18 _____. We, the undersigned, being respectively burgesses, hereby nominate the following person as a candidate at the said election.

Surname.Other Names.Abode.Description.
Signature.Number on Burgess Roll, with the Ward or Polling District, if any, having a distinct numbering.

A. B.

C. D.

We, the undersigned, being respectively burgesses, hereby assent to the nomination of the above-named person as a candidate at the said election. Dated this ____________day of __________18_______

Signature.Number on Burgess Roll, with the Ward or Polling District, if any, having a distinct numbering.
E.F.
G.H.
I.J.
K.L.
M.N.
O.P.
Q.R.
S.T.

Form K Ballot Paper Form of Front of Ballot Paper For Elective Auditors.

1

Cade.

(John Cade, of 22, Wellclose Place, Accountant.)

2

Johnson.

(Charles Johnson, of 7, Albion Street, Gentleman.)

3

Thomson.

(William Thompson, of 14, Queen Street, Silversmith.)

Counterfoil. No. Note.—The counterfoil is to have a number to correspond with that on the back of the ballot paper. For Revising Assessor

1

Bacon.

(Charles Bacon, of 29, New Street, Solicitor.)

2

Byron.

(James Byron, of 45, George Street, Commission Agent.)

3

Wilson.

(George Wilson, of 22, Hanover Square, Gentleman.)

Form of Back of Ballot Paper. No ___________Election of elective auditors [or revising assessors] for the borough of ___________to be held on the ______________day of _____________18_______ The number on the back of the ballot paper is to correspond with that on the counterfoil.

Part IIIForms relating to Working Men's Dwellings

Form L Form of Grant by Corporation The Municipal Corporations Act, 1882 (Working Men's Dwellings) Borough of ________________ Grant No____________________ The mayor, aldermen, and burgesses of the borough of by virtue and in pursuance of the above-mentioned Act, and in consideration of ____________________paid to them by A.B. of ____________________hereby grant to the said A.B. (herein referred to 'as the grantee), and his heirs, the site following (that is to say) [insert description] with the appurtenances, subject to the following conditions (that is to say) :

1. The grantee shall build on the site one working-man's or working-men's dwelling (and no more) according to the plan and specification deposited in the office of the town clerk, numbered_____________, and under the superintendence and to the satisfaction of the corporation. 2. The grantee, his heirs and assigns, shall always maintain and repair the building, and shall not sell or alienate the site or building in divisions or separate parts, and, in case of the taking down or destruction of the building shall not rebuild it except in manner approved by the corporation. 3. The grantee, his heirs or assigns, shall not add to or alter the character of the building without the consent of the corporation. 4. If at any time the grantee, his heirs or assigns, fail to fully observe and perform any stipulation of this grant, the corporation may, if they think fit, declare that the site is re-vested in the corporation; and thereupon the same, with, the dwelling and other buildings thereon, shall become and be vested in the corporation, as if this grant had not been made. In witness whereof, &c, this ________________day of ________________187 ,

(Corporate Seal) Form M. Form of Transfer of Grant The Municipal Corporations Act, 1882 (Working Men's Dwellings.) Borough of ___________________Transfer No. ______________. (Grant No._________) A.B. of ____________________, by virtue and in pursuance of the above-mentioned Act, and in consideration of ____________________paid to him by CD. of _____________________, hereby grants and transfers to the said CD. and his heirs the site comprised in the within-written(1)grant [or the grant No. under the said Act, dated the ______________day of _______________187(2)] with the appurtenances and with the dwelling and other buildings thereon, subject to the conditions on which that site is held immediately before the execution of this transfer. In witness whereof, &c, this ___________________day of _______________18 __________. ____________________________A.B. (L.s.) 1 [case of transfer by indorsement.] 2 [In case of transfer by separate deed.] Form N Form of Lease by Corporation The Municipal Corporations Act, 1882 (Working Men's Dwellings.) Borough of __________________ Lease No_____________________ The mayor, aldermen, and burgesses of the borough of _________________by virtue and in pursuance of the above-mentioned Act, and in consideration of the sum of _______________paid to them by A.B. of ____________________and of the rent and stipulations in this lease reserved and contained, and to be by him, his executors, administrators, or assigns, paid and performed hereby lease to the said A.B, (herein referred to as the lessee), his executors and administrators, the site following (that is to say) [insert description] with the appurtenances, for the term of [nine hundred and ninety-nine] years from the ______________________day of ______________, at the yearly rent (clear of all deductions) of _____________, payable by two equal half-yearly payments on the ______________day of and the ________________day of _______________in every year, the first thereof to be made on the _____________day of ______________, and the last thereof to be made in advance on the ___________________day of ________________next before the end of the term, and so that on the term being determined by re-entry a proportionate part of the rent for the fraction of the current half year up to re-entry be repayable. And the lessee hereby covenants with the corporation that he, his executors, administrators, or assigns, will during the term pay the rent on the days and in manner aforesaid, and will pay all taxes, rates, and outgoings for the time being payable by the tenant in respect of the premises. And this lease is made subject to the following conditions (that is to say) :

1. The lessee shall build on the site one working-man's or working-men's dwelling (and no more) according to the plan and specification deposited in the office of the town clerk, and numbered _______________, under the superintendence and to the satisfaction of the corporation. 2. The lessee, his executors, administrators, and assigns, shall always during the term maintain and repair the building, and shall not sell or alienate the site or building in divisions or separate parts and, in case of the taking down or destruction of the building, shall not rebuild it, except in manner approved by the corporation. 3. The lessee, his executors, administrators, or assigns, shall not add to or alter the character of the building without the consent in writing of the corporation. 4. If at any time the lessee, his executors, administrators, or assigns, fail to duly pay the rent hereby reserved, or to fully observe and perform any stipulation herein contained, the corporation may, if they think fit, re-enter on any part of the site in the name of the whole, and thereupon the term of years shall absolutely cease. In witness whereof, &c, this _________________day of _________________187 . (Corporate Seal.) A.B. (L.s.) FORM O Form of Assignment of Lease The Municipal Corporations Act, 1882 (Working Men's Dwellings.) Borough of _____________ Transfer No._____________________. (Lease No.__________.) A.B. of _____________________(herein referred to as the assignor) by virtue and in pursuance of the above-mentioned Act, and in consideration of __________________paid to him by CD. of ________________, hereby assigns to the said CD. (herein referred to as the assignee,) Ins executors and administrators, the site comprised in the within-written lease(3)[or the lease No. ____________under the said Act, dated the _____________day of ______________187___(4)], with the appurtenances, and with the dwelling and other buildings thereon, for the residue of the term of years, at the rent and subject to the stipulations and conditions at and subject to which that site is held immediately before the execution of this assignment. And the assignee for himself, his executors and administrators, covenants with the assignor, his executors and administrators, that the assignee, his executors or administrators, will pay the yearly rent and observe and perform the stipulations arid conditions aforesaid, and will at all times keep the assignor, his executors and administrators, indemnified in respect thereof. In witness whereof, &c, this _______________day of ______________187 . A.B. (L.s.) CD. (L.s.) 3 [_In case of assignment by indorsement.] 4 [In case of assignment by separate deed.]

Part IVForms relating to Borough Bridges

Form P Form of Mortgage The Municipal Corporations Act, 1882 (Borough Bridges.) Borough of _____________________. Mortgage No.______________ We, the mayor, aldermen, and burgesses of the borough of ____________by virtue and in pursuance of the above-mentioned Act, and in consideration, of the sum of _______________paid to them by A.B. of ________________for the purposes of the said Act, do grant and assign unto the said A.B., his executors, administrators, and assigns, such proportion of the borough fund and borough rate as the said sum of doth or shall bear to the whole sum which is or shall be borrowed on the credit of the said fund and rate, to hold to the said A.B. his executors, administrators, and assigns, from the day of the date hereof, until the said sum of with interest at the rate of _________________per centum per annum for the same, shall be fully paid and satisfied. And it is hereby declared that the said principal sum shall be repaid on the ____________day of ___________at [place of payment]. In witness whereof, &c, this _________________day of _______________________187 (Corporate Seal.) Form Q Form of Transfer of Mortgage The Municipal Corporations Act, 1882 (Borough Bridges.) Borough of _______________Transfer No.___________________(Mortgage No.____________.) I A.B. of ____________________in consideration of the sum of _______________paid to me by CD. of ____________________, do hereby transfer to the said CD., his executors, administrators, and assigns, a certain mortgage, dated this _______________day of ______________________, and made by the mayor, aldermen, and burgesses of the borough of _________________, under the above mentioned Act, for securing the sum of __________________and interest thereon at __________________per centum per annum [or, if the transfer is by indorsement on the mortgage, insert, instead of the words immediately following the word

assigns,the within security], and all my right, estate, and interest in and to the money thereby secured, and in and to the fund and rate thereby assigned. In witness whereof, &c, this ___________________day of_______________187_________ A.B. (L.s.)

NINTH SCHEDULEEnactments in which a Reference to this Act is to be substituted

Part I

General References

2 & 3 Vict. c. 93.—An Act for the establishment of county and district constables by the authority of justices of the peace (sections24) 5 & 6 Vict. c. 109.—An Act for the appointment of parish constables (section 21) 9 & 10 Vict. c. 74.—An Act to encourage the establishment of public baths and wash-houses (section 1) 10 & 11 Vict. c. 62.—An Act for the establishment of naval prisons, and for the prevention of desertion from Her Majesty's navy, (section 13) 12 & 13 Vict. c. 35.—An Act for requiring annual returns of the expenditure on highways in England and Wales to be transmitted to the Secretary of State, and afterwards laid before Parliament (section 2) 12 & 13 Vict. c. 82.—An Act to relieve boroughs, in certain cases, from contribution to certain descriptions of county expenditure 13 & 14 Vict. c. 20.—An Act to amend an Act of the fifth and sixth years of Her present Majesty for the appointment and payment of parish constables (section 7) 13 & 14 Vict. c. 105.—An Act for facilitating the union of liberties with the counties in which they are situate (section 10) 14 & 15 Vict. c. 28.—An Act for the well-ordering of common lodging-houses (section 2) 14 & 15 Vict. c. 34.—An Act to encourage the establishment of lodging-houses for the labouring classes (section 2) 16 & 17 Vict. c. 73.—An Act for the establishment of a body of naval coast volunteers, and for the temporary transfer to the navy, in case of need of seafaring men employed in other public services (section 24) 16 & 17 Vict. c. 97.—The Lunatic Asylums Act, 1853 (section 9) 17 & 18 Vict. c. 71.—An Act to amend the law concerning the making of borough rates in boroughs not within the Municipal Corporation Acts 17 & 18 Vict. c. 97.—An Act to make further provision for the burial of the dead in England beyond the limits of the metropolis (section 3) 17 & 18 Vict. c. 105.—The Militia Law Amendment Act, 1854 (section 11) 18 & 19 Vict. c. 57.—An Act further to amend the laws relating to the militia in England (section 7) 18 & 19 Vict. c. 121.—The Nuisances Removal Act for England, 1855 19 & 20 Vict. c. 69.—An Act to render more effectual the police in countie and boroughs in England and Wales 20 & 21 Vict. c. 81.—An Act to amend the Burial Acts 22 & 23 Vict. c. 40.—An Act for the establishment of a reserve volunteer force of seamen, and for the government of the same (section 25) 23 & 24 Vict. c. 68.—An Act for the better management and control of the highways in South Wales 25 & 26 Vict. c. 61.—An Act for the better management of highways in England 26 & 27 Vict. c. 13.—An Act for the protection of certain garden or ornamental grounds in cities and boroughs 26 & 27 Vict. c. 97.—The Stipendiary Magistrates Act, 1863 (section 2) 28 & 29 Vict. c. 126.—The Prison Act, 1865 (section 4) 30 & 31 Vict. c. 102.—The Representation of the People Act, 1867 31 & 32 Vict. c. 22.—The Petty Sessions and Lock-up House Act, 1868 (section 3) 31 & 32 Vict. c. 46.—The Boundary Act, 1868 (First Schedule) 31 & 32 Vict. c. 58.—The Parliamentary Electors Registration Act, 1868 31 & 32 Vict. c. 125.—The - Parliamentary Elections Act, 1868 (sections 43 and 45) 31 & 32 Vict. c. 130.—The Artizans and Labourers Dwellings Act, 1868 (section 3) 33 & 34 Vict. c. 75.—The Elementary Education Act, 1870 (section 3) 33 & 34 Vict. c. 78.—The Tramways Act, 1870 (Schedule A) 34 & 35 Vict c. 56.—The Dogs Act, 1871 (Schedule) 34 & 35 Vict. c. 105.—The Petroleum Act, 1871 (section 2) 35 & 36 Vict. c. 38.—The Infant Life Protection Act, 1872 (First Schedule) 35 & 36 Vict. c. 91.—An Act to authorize the application of funds of municipal corporations and other governing bodies in certain cases 38 & 39 Vict. c. 17—The Explosives Act, 1875 (section 108) 38 & 39 Vict. c. 55.—The Public Health Act, 1875 (section 4) 38 & 39 Vict. c. 83.—The Local Loans Act, 1875 (section 34) 39 & 40 Vict. c. 56.—The Commons Act, 1876 (section 37) 40 & 41 Vict. c. 21.—The Prison Act, 1877 (section 59) 41 & 42 Vict. c. 49.—The Weights and Measures Act, 1878 (Fourth Schedule) 41 & 42 Vict. c. 74.—The Contagious Diseases (Animals) Act, 1878 (sections 7 and 66) 41 & 42 Vict. c. 77.—The Highways and Locomotives (Amendment) Act, 1878 (section 38)

Part II

Particular References

14 & 15 Vict. c. 55.—An Act to amend the law relating to the expenses of prosecutions, and to make further provisions for the apprehension and trial of offenders in certain cases :

In section 24, for Schedule C. to the Municipal Corporations Act, 1835, the Sixth Schedule to this Act. 33 & 34 Vict. c. 91—The Clerical Disabilities Act, 1870 :

In the First Schedule, for section 28 of the Municipal Corporations Act, 1835, so much of the provision of this Act relative to disqualifications for being councillor as relates to being in holy orders.

(1)

In Case of transfer by indrosement.

(2)

In Case of transfer by seprate deed.

(3)

In Case of assignment by indrosement.

(4)

In Case of assignment by seperate deed.

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