The Sun.
London, England, 1835-04-14 00:00:00

CORPORATE OFFICERS.

60. One vice which we regard es inherent in the cOnsi-
tation of municipal corporations in England and Wales is,
that officers chosen for particular functions are regarded as a
necessary part of the legislative body. This 'lotion appears
have originated in times-when the separation of constitu-
tional authorities was not under Stood ; when ju-
.. : ~,, and executive functions, were confounded. The
corporations of England and Wales were originally framed
on principles encumbered. with , this confusion, and have
been modified, down to the latest changes, with a scrupulous'
observance of them.

81. Ti:is union of different functions has been produc-
tive of much evil. The respect which ought to- be enter•
taiued towards the magisterial office has been impaired by
the manner in which the magistrates of a corporate town
have been involved in the local politics of the body which
regulates its taxation, manages its property, and superin-
tends the. working of its constitution.

82. It will be apparent, from the preceding remarks,
that we con',ider the union of the functions of‘ a magis-
trate with the other duties of the mayor or other head of
the municipal council, one of questionable expediency.
Other functions often united with the office of mayosmight
be advantaJeously separated from it. The duties of coro-
ner are of this decription. There are serious objections
alco to the practice of allowing the mayor to act as the
treasurer of the corporation, when the examination and
audit of his accounts placed in the body over which he
presides. Inconvenience of an opposite kind occurs, where
several persons are required to concur in executing, the
duties-of a single office ; evidence of such inconveni-
ence appeared at East Retford and Berwick-upon-Tweed.
_ _

83. ain some cases the duties of the mayor have been
totally neglected, either from want of capacity or from want
of will ; occasionally from non-residence. At Hartlepool,
where the mayor is chosen in rotation from the capital bur-
gesses, many of whom are non-resident, it sometimes happens
that the mayor never attends, even to be sworn into office.
At Winchester, the present high steward was chosen,
mayor durior, an important litigation in which the corpora-
tion was involved. He was the son of the patron, and
was admitted a freeman the year before his election as
mayor. The mayor was ex officio a member of the com-
mittee for conducting the litigation ; but he appointed a
deputy, and entered on the records of the corporation a
protest of his ignorance of all relatinc, to it. At Durham,
the mayor of the year 1831-2 refused to render the usual
account of receipts to the common council. The mayor of
Grampound left the borough upon its disfranchisement, and
the corporation books and accounts have not been found
since. No new mayor was elected after the disfranchise-
ment until the year in which the present commission issued.
In some boroughs the same mayor is continued from year to
year ; and in others, as at Cambridge and Tenby, it has
been the custom to elect two or three personS in rotation.
The effect of entrusting the election to the freemen, con-
stituted as those freemen now generally arc; is to degrade
the office in the estimation of the persons to be governed.
At Maidstone, the election is merely a struggle to try
the strength of opposing parties, without any personal
preference, and bribes are given by persons wishing to avoid
being elected.
84. The method of appointing the recorder is often very
objectionable. At Newport, in the Isle of Wight, the
recorder is appointed formally by the Crown on the nomi-
nation of the whole corporation, but practically on the
dictation of the patron. On one occasion a nobleman was
chosen recorder there, whose connection with the corpora-
tion consisted. in his being a trustee for managing the pro-
perty of a deceased patron. At Woodstock, the recorder's
office has been vacant for several years, because the pa-
tron's nominee was opposed. The recorders of some
boroughs are elected by a constituency of freemen, such as
we have already characterized. At Berwick-upon-Tweed,
a recorder so chosen tries capital felonies. This officer also
unites functions in some cases, which are improperly joined.
This occurs when he lives in the neighbourhood, and dis-
charges the duties of a resident magistrate, at the same
time that he is, by virtue of his office, the' presiding judge
of the criminal court. In many instances he performs no
duties whatever, and his nominal connection with the
borough is only a form, through which he exercises over it
an unwarrantable control.

The charters have often empowered the Recorder to ap-
point a deputy. The exercise of this power is occasionally
useful ; but the practice of appointing a deputy perma-
nehtly to discharge all the duties of the recorder is very
mischievous. Not only is the appointment placed in the
hands of an irresponsible individual, but the, difficulty of
finding qualified persons to fill the situation is increased.
Many persons would accept the office of principal who
would decline the office of deputy.
85. The fact that in numerous instances persons not pro-
fessionally educated are chosen recorders deserves the most
serious attention. Such an office ought unquestionably to
be filled by one who has received a professional education,
and has had some professional experience. In some towns
barristers are appointed recorders, who- wholly neglect to-
attend the borough sessions ; flagrant instances occur at
Lancaster and Carmarthen. The recorder of Carmarthen
has held the office during 50 years, and has scarcely ever
visited the borough, or performed any of the duties of
the office during that time. The recorder of Lancaster
did not attend the Quarter Sessions once between
1810 and 1832. In 1831 the grand jury of the bo
rough presented that it was expedient he should attend.
After attending once, in consequence of this present-
ment, and a subsequent order of the council, he ex-
cused himself on several grounds, among which Were those
—that his other duties were very important—that he was
careful of the interests of the corporation, though absent,

and that recorders did not usually reside, except for politi-
cal purposes. Upon this the corporation voted their thanks
to him for his attention to their interests. In general even
when the salaries would be insufficient to induce a prac-
tising lawyer to give his time and attention to the office, we
apprehend that the connexion which it creates, and in many
instances the distinction which it implies would be sufficient
to secure the services of competent lawyers without a large
pecuniary remuneration. This opinion must, of course, be
taken with reference only to such duties as recorders are
now expected to fulfil.
86. The extent to which some corporations have carried the
principle of treating the corporate offices as a matter of mere
patronage may be illustrated by two instances, in which
that principle has been applied to the very important office
of town-clerk. At Winchester, upon a canvass for that office,
between two competitors, one only of whom:was a member of
the corporation, a compromise was effected, at the suggestion
of some members of the governing body, by an arrangement
that the two candidates should nominally hold the- office
jointly, that the one who was not a member of the corpo-
ration, should manage the business, and that the emoluments
should be divided. At Boston, on a vacancy of the office of-
town-clerk, an alderman and justice of the peace for the
borough, with two of his brothers, who were also aldermen,
supported a candidate, on condition of receiving a yearly
allowance out of the profits of the office. The candidate
was elected, and the stipulated sum has been regularly paid.
Several other members of the council were acquainted with
this arrangement, and ratified it by the appointment.
87. All corporations have inferior officers, who axe al-
most alwnys freemen under the control of the select body.
Many of these officers have no duties to perform, and re-
ceive neither fees nor salaries, yet the election is annually
made, and oaths for the proper fulfilment of their duties
are solemnly taken, on the installation of these no-
minal functionaries. The corporations entertain doubts
whether 'they can legally cease to elect officers named
in their charters ; and unquestionably, a power to dis-
pense with the election of any chartered officers, on a
presumption by the corporation of their inutility, might lead
to great abuse.
_The common council of the city of Lon-
don, which possesses extraordinary legislative powers, has
assumed the authority of abolishing some useless offices, of
consolidating others, and of attaching new and useful func-
tions to them.