The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-06-16 00:00:00

CORPORATION REFORM,

A BILL TO PROVIDE FOR THE REGULATION OF MUNICIPAL
CORPORATIONS IN ENGLAND AND WALES.
Whereas divers bodies corporate, at sundry times, have been
constituted within the cities, towns, and boroughs of England
and Wales, to the intent that the same might for ever be and
remain well and quietly governed. And whereas, partly by de-
fects in the charters by which the said bodies corporate have
been constituted, partly by neglect and abuse of the privileges
by such charters granted and confirmed to the inhabitants of
the said cities, towns, and boroughs, and partly by change of
circumstances since the said charters were granted, the said
bodies corporate, for the most part, have not of long time been,
and are not now useful and efficient instruments of local go-
vernment: Be it therefore enacted, by the king's most excel-
lent majesty, by and with the advice and consent of the lords
spiritual and temporal, and 'commons, in this present parlia-
ment assembled, and by the authority of the same, that so much
of all laws, statutes and usages, and so much of all royal and
other charters, grants, and letters patent now in force relating
to the several boroughs named in the first column of the sche-
doles (A) and (B) to this act annexed, or to the inhabitants
thereof, or to the several bodies or reputed bodies corporate
named in the second column of the said schedules, or any of
them, as are inconsistent with or contrary to the provisions of
this act, shall be and the same are hereby repealed and annul-
led. 4
And be it enacted, that in the construction of this act, the
word "borough" shall be construed to mean city, borough,-port,
cinque port or town corporate, named in one of the said sche-
dules (A) and (B); and the words " body corporate" shall be
construed to mean body corporate named in one of the said
schedules (A) and (B); and the word "burgess" shall be con-
strued to mean citizen in the casa of a city; and the word
"county" shall be construed to mean county, riding or divi-
sion; and the word" trustees" shall be construed to mean trus-
tees, commissioners or directors, or the persons charged with
the executiou of a trust, by whatever name they are designated;
and the word "parish" shad be construed to mean parish,
township, vill, hamlet, chapelry, tything, district, precinct or
place maintaining its own poor; and the words "overseers of
the poor" shall be construed to mean all persons who execute the
duties of overseers of the poor; and that in all things hereinafter
provided to be done until until the first election of councillors
in any borough under this act 'shall have been declared, the
word "mayor" shall be construed to mean the chief officer of a
borough, by whatever name he is now called, "town clerk, com-
mon clerk, &c." and describing any person or thing, any word
importing the singular number shall be construed to mean
also several persons or things respectively, unless there be some-
thing in the subject or context repugnant to such construction;
and that no misnomer or inaccurate description of any person
or place named in any schedule to this act annexed, or in any
burgess roll, ward list, notice or voting paper required by this
act shall hinder the full operation of this act with respect to
such person or place, provided that such person or place shall
be so named as to be commonly understood.
And be it enacted, that after the first election of councillors
under this act, in any borough, the body or reputed body cor-
porate named in the second column of the said schedules, in con-
nection with such borough, shall•take and bear the name of the
mayor and burgesses of the borough of
(as the case may be), and by that name shall have perpetual
succession, and shall be capable in jaw to do and surfer all acts
which now lawfully they and their successors respectively may
do and suffer, by any name or title of incorporation; and the
mayor of each of the said boroughs shall be capable in law to
do and suffer all acts which the chief officer of such borough
may now lawfully do and suffer, so far as the same respectively
are not altered or annulled by the provisions of this act.
And be it enacted, that after the passing of this act, the metes
and bounds of the several boroughs named in the first section
of the first and second divisions of the said schedule (A) and in
the first section of the said schedule (B) for the purposes of
this act shall be the same as the limits thereof respectively set-
tled and described in an act passed in the second and third year
of the reign of his present majesty, intituled "An Act to settle
and describe the Divisions of Counties, and the limits of cities
and bdroughs in England and Wales, so far as respects the
election of members to serve in parliament;" and the metes and
bounds of the several boroughs named in the second section of
the first and second division of the said schedule (A), and in
the second section of the said schedule (B) for the purposes of
this act, shall be and remain as the same are now taken to be,
uutil such time as his majesty shall have been pleased to issue
his letters patent under the great seal, that he may be certified
concerning the fit metes and bounds to be allotted unto the
same respectively, and until such further time as it shall please
his majesty, by advice of his privy council,. upon inspection of
the return thereof made by the commissioners, unto whom such
letters patent shall have been directed, to declare fit metes and
bounds of the said last-named boroughs, and the metes and
bounds of the said last-named boroughs thenceforward for the
purposes of this ~ ct shall be the same so declared as last aforesaid.
And be it enacted, that every place and precinct which shall
be included within the metes and bounds of any borough as
hereinbefore provided, and none other other, shall be part of
such. borough, for all the purposes of this act, and in those bo-
roughs which are counties of themselves, shall lie part of such
county, and of none other, for all the purposes of this act.
And be it enacted, that after the passing of this act every
male person of full age, who, on the last day of August in any
year, shall have been an inhabitant householder within any bo-
rough, or within seven miles of such borough, and shall have
occupied any house, warehouse, counting-house, or shop within
such borough during that year and each of the two preceding
years, and who shall have been rated in respect of premises occu-
pied by him to all rates for the relief the poor of some parish, wholly
or in part within such borough, made in that year, and in each
of the two years next preceding that year, shall, if duly enrolled
according to the provisions hereinafter contained, be a burgess
of such borough, and member of the body corporate of the mayor
and burgesses of such borough; provided that the premises in
respect of the occupation of which any person shall he so rated
need not be the same premises, or in the same parish, but may
be different premises in the same parish or in different parishes;
provided also that every person who shall come to occupy any
house, warehouse, counting-house, or shop in any borough dur-
ing the time for which any rate for the relief of the poor shall
have been made, to which he would have been rateable if• he
had been occupying there at the time such rate was made, may
claim to be rated to such rate in respect of the property whichhe shall so come te-occupy, ancriapon his so claiming and pay-.
ing or tendering the amount of rate, if any, then due in respect
of the premises, he shall be taken to have been rated to the re-
lief of the poor in the parish in which such premises are situate,'
from the time at which the rate in respect of , which he shall
have made such claim shall have been made • provided also that
no person shall be so enrolled in any year who shall not have
paid all such rates due from him at the time of the revision of
the burgess roll, hereinafter provided, except such as shall have
been made or become due within six calendar months next be-
fore such revision; provided also that no person, shall be so
enrolled in any.year who, within twelve calendar months next
before such revision, shall have received parochial relief or
other alms, or any pension or charitable allowance from any
fund intrusted to the charitable trustees of such borough here-
inafter mentioned.
And be it enacted, that in every borough it shall be lawful
for any person occupying any house, warehouse, counting-
house, or shop to claim to be rated to the relief of the poor in
respect of such premises, whether the landlord shall or shall riot
be liable to be rated to the relief of the poor in respect thereof;
and upon such occupier so claiming and actually paying or ten-
dering the full amount of the last made rate then due in respect
of such premises, the overseers of the parish in which such pre-
mises are situate are hereby required to put the name of such
occupier upon the rate for the time being, and, in case such
overseer shall neglect or refuse so to do, such occupier shall
nevertheless, for the purposes of this act, be deemed to have
been rated to the relief of the poor in respect of such premises,
from the period at wnich the rate shall have been made in re-
spect of which he shall have so claimed to be rated as aforesaid ;
provided always that where by virtue or any act of parliament
the landlord shall be liable to the payment of the rate for the
relief of the poor in respect of any premises occupied by his
tenant, nothing herein contained shall be deemed to vary or
discharge the liability of such landlord; but, in case the tenant
who shall have been rated for such premises in consequence of
any such claim as aforesaid shall make default in the payment
'of the poors' rates due in respect thereof, such landlord shall be
and remain liable fur the payment thereof in the same manner
as if he alone had been rated in respect of the premises so occu-
pied by his tenant.
And be it enacted, that if may person who shall have been
enrolled a burgess of any body corporate within any borough,
according to the provisions of this act, shall at any time there-
after cease to occupy any house, warehouse, counting-house, or
shop within the borough, or neglect or refuse to pay such rates
as aforesaid due from him at the time of the revision of the bur-
gess-roll, except as hereinbefore is excepted, his name shall, at
the then next revision of the burgess-roll, be struck out from the
said burgess-roll, and he shall thereupon cease to be a burgess
and member of the said body corporate ,• provided nevertheless
that if at any revision of the burgess-roll within two years next
after the time at which he shall so cease to be a burgess he shall
occupy and be rated for any house, warehouse, counting-house,
or shop within such borough, he shall be entitled again to be
and be enrolled a burgess and member of the said body corpo-
rate; provided that he shall be then otherwise qualified as
herein provided. '
.And be it enacted, that after the passing of this act no person
shall be elected, admitted, or enrolled a citizen, freeman, livery-
man, or burgess of any borough, or by any name, a member of
any body corporatein respect of any right or title other than by
occupancy and payment of rates within such borough, accord-
ing tq the meaning and provisions of this act.
And whereas in divers cities, towns, and boroughs a certain
custom bath prevailed of taking or allotting the common lands
and public stock of such cities, towns, and boroughs, and the
rents and profits thereof, to and for the particular benefit, use,
and enjoyment of the citizens, freemen, and burgesses of the
said cities, towns, and boroughs respectively, or of certain of
them, or of the widows or kindred of them, or certain of them,
and not applying the same to public purposes; be it therefore
enacted, that after the passing of this act no person shall have
or be entitled to claim any share, benefit, or advantage of or
from any of the landsrtenements and hereditaments, or the
rents and profits thereof, or of or 'from any common lands or
public stock of the said body corporate, or any discharge or ex-
emption from any tolls or dues lawfully levied, wholly or in
part, by or to the use of any body corporate who was not a citi-
zen, freeman, or burgess or some borough, or the wife or widow
of a citizen, freeman, or burgess of some borough on the sth
of June in this present year, and every person who was a citi-
zen, freeman, or burgess of some borough, or the wife or widow
of a citizen, freeman, or burgess of some borough on the said
sth day of June, shall have and enjoy the same share, benefit,
and advantage of or from the lands, tenements, or heredita-
ments, or the rents and profits thereof, or of or front the common
lands or public stock of any borough or body ccraorate, or from
any discharge or exemption from any tolls or dues lawfully le-
vied, wholly or in part, by or to the use of any of the said
boroughs or bodies corporate, and all benefit and advantage de-
rivable therefrom, as fully and for such time and in such sort as
he or she might and would have had and enjoyed the same if
this act had not passed, and no further or otherwise; provided
nevertheless that after all the persons whose rights in this behalf
are herein reserved shall have become entitled to be in actual
possession of their share of the premises, the share, benefit, and
advantage of or from the lands, tenements, and hereditaments,
and the rents and profits thereof, or of or from the common
lauds or public stock of any borough or body corporate herein-
before reserved to any person, shall accrue for the benefit of the
borough-fund of such borough, when and as soon as by any law,
statute, charter, or usage in force on the day before the passing
of this act, such person would have ceased to have the benefit
of the same if this act had not been passed, and shall not sur-
vive and accumulate for the particular benefit of the other per-
sons, or any of them, whose rights in this behalf are hereinbefore
reserved as afatesaid.
And whereas in divers cities, towns, and boroughs, a certain
custom bath prevailed, that no person, not being tree of a city,
town, or borough, or of certain guilds, mysteries, or trading
companies within the same, or some or one of them, shall keep
any shop or place for putting to show or sale certain wares or
merchandise by way of retail or otherwise, or use certain trades,
occupations, mysteries or handicrafts for hire; gain or sale
within the Caine; be it enacted, that every person in any bo-
rough may keep any shop for the sale of all lawful wares and
merchandises by wholesale or retail, and use every lawful trade,
occupation, mystery and handicraft, for hire, gain, sale or
otherwise within any borough ; any custom within such borough
to the contrary notwithstanding.

And be it enacted, that on the last day of August in this and
every succeeding year, the overseers of the poor of every parish,
wholly or in part within any borough, shall make out an alpha-
betical list according to the form Number 1. in the schedule
(D.) to this act annexed, of all persons who shall be entitled
to be enrolled in the burgess roll of tbat year, according to the
provisions of this act, in respect of property within such parish;
and the overseers shall sign such lists, and shall deliver the
same to the town clerk of such borough on the last day of.
August in every year, and shall keep a true copy of such lists
to be perused by any person, without payment of any fee, at all
reasonable hours during the first fourteen days of September
in every year : provided always, that in any borough in which
there shall be no town-clerk, or in which the town-clerk shall be
dead or incapable of acting, all matters required by this act to
be done, by and with regard to the town-clerk, shall he done by
and with regard to the person executing duties in such borough,
similar to those of town-clerk; and if there be no such person,
or if such person shall be dead or incapable of acting, then by
and with regard to such fit person as the mayor of such borough
shall appoint in that behalf.
And be it enacted, that every person whose name shall have
been omitted in any such overseer's list, and who shall claim to
have his name inserted in the burgess roll, shall, on or before
the 15th day of September in this and every subsequent year,
give notice thereof to the town-clerk in writing, according to
the form Number 2, in the said schedule (D) or to the like
effect; and every person whose name shall have been inserted
in any overseer's list for any borough may object to any
i other
erson as not being entitled to have his name retained n the
burgess roll for the same borough, and every person so object-
ine shall, on or before the 15th day of September in the present
and every succeeding year, give notice thereof in writing to the
town-clerk of such borough according to the form number 3, in
the said schedule (D.) or to the like effect; and every town-
elerk shall include -the names of all persons so claiming in a
list, according to the forin number 4, in the-said schedule (D.),
and the names of all persons so objected to in a list, according
to the form number 5, in the said schedule (D.), and shall cause
copies of such lists to be fixed on or near the door of the Town-
hall, or in some public and conspicuous situation, within such
borough, during the week next preceding the first day of Oc-
tober in the present and in every succeeding year; and the
town-clerk shall likewise keep a copy of the names of all the
persons so claiming as aforesaid, and also a copy of the names
of all persons so objected to as aforesaid, to be perused by any
person without payment of any fee, at all reasonable hours
during the week-next preceding the first day of October in the
present and in every succeeding year, and shall deliver a copy
of each of such lists to any person requiring the same, on pay-
.
ment of one shilling for each copy.
And be it enacted, that the mayor of every borough shall
hold an open court within such borough, for the purpose of re-
vising the said lists, at some time between the first day of Oc-
tober inclusive, and the fifteenth day of October inclusive, in the-
present andin eiorry succeeding year, having first given three
clear days'. notice of the holding of such court, to be fixed on or
near the door of the Town-hall, or in some public and conspi-
cuous situation within the borough ; and the town-clerk of every
such borough shall, at the opening of the court, produce the
said lists before him, and a copy of the lists of the persons-elaiin-
ing and of the persons objected to, so made out as aforesaid;
and the several overseers within every such borough shall at-
tend the court, and shall answer upon oath all such questions as
the mayor may put to them, or any of them, touching any
matter necessary for revising the said lists; and the mayor
shall insert iu such lists the name of every person who shall be
proved to his satisfaction to be entitled to be enrolled in the
burgess roll, according to the provisions of this act, and shall
retain on the said lists the names of all persons to whom no ob-
jection shall have been duly made ; and shall also retain on the
said lists the name of every person who shall have been object-
ed to by any person, unless the party so objecting shall appear
by himself, or by some one on his behalf, in support of such
objection ; and where the name of any person inserten in any
one of the said lists shall have been duly objected to, and the
person objecting shall appear by himself, or by some one on his
behalf, in support of such objection, the mayor shall require
proof of the qualification of the person so objected to ; and in
case the qualification of such person shall not be proved to the
satisfaction of the mayor, he shall expunge the name of every
such person from the said lists, and he shall also expunge from
the said lists the name of every person who shall be proved to
him to be dead, and shall correct any mistake or supply any
omission which shall be proved to him to have been made in
any of the said lists in respect of the name, or place of abode,
or local descriptioneof the rated property of any person who
shall be included in any such list : provided always, that no
person's name shall be inserted by' the mayor in any such list,
or shall be expunged therefrom, except in the case of death, un-
less notice shail have been given as is hereinbefore required in
each of the said cases.
. And be it enacted, that every mayor holding any court under
this act for the revision of the said lists, shall have power to ad-
journ the same from time to time, so that no such adjourned
court shall be held after the 15th day of October in any year,
and shall have .power to require any overseer of any parish,
wholly or in part within the borough, having the custody of any
poor-rate, to produce the same, and allow the same to be 'in-
spected at any court to be held for revision of the burgess roll,
and shall have power to administer an oath (or in the case of a
Quaker or Moravian, an affirmation) to the town-clerk and to
the overseers, and to all persons claiming to be inserted in or
making objection to the omission or insertion of any name in
the said lists, and to all persons objected to in any of such lists,
and to all persons claiming to have any mistake in any of such
lists corrected, and to all witnesses who may be tendered on
either side; and if any person taking any oath or making any
affirmation under this act shall wilfully swear or affirm falsely,
such person shall be deemed guilty of perjury, and shall be
punished accordingly: and the mayor shall, upon the hearing
in open court, determine upon the validity of such claims and
objections, and shall in open court write his initials against the
names respectively struck out or inserted, and against any part
of the said lists in which any mistakes shall have been corrected, '
and shall sign his name to every page of the several lige so
settled.
And be it enacted, that the overseers' lists, so revised and
signed as last aforesaid, shall be delivered by the mayor to the
town-clerk of such borough, who shall keep the same, and shall
cause the said lists to be fairly and truly copied into one gene-
ral alphabetical list in a book to be by him provided for that
purpose, with every name therein numbered beginning the
numbers froti-etheeMperiliine; and continuing them in a regular
series to the last nairie, and shall cause such book to be com-
pleted on or before the twenty-fourth day of October in the pre-
sent and every succeeding year, and shall deliver such book,
together with the lists, at the expiration of his office, to the per-
son succeeding him in suhh office; and every such book shall be
the burgess-roll of the burgesses of such borough entitled to vote
after the passing of this act in the choice of the council and
auditors of such borough as hereinafter mentioned, at any elec-
tion which may take place in such borough between the twenty_
fifth day of October inclusive in the year wherein such burgess_
roll shall have been made, and the twenty-fifth day of October
in the succeeding year; provided that no stamp duty shall be
payable in respect of the admission, registry, or enrolment of
any burgess, according to the provisions of this act. .
And be it enacted, that the council hereafter provided of
every borough shall cause to be written or printed copies of the
burgess-roll in the present and in every succeeding year, and
shall deliver such copies to all persons applying for the same,
on payment of a reasonable price for each copy; and the inci-
nies arising from the sale thereof shall be paid over to the trea-
surer of such borough, and shall be applied by him in aid of
the borough fund hereinafter mentioned.
And be it enacted, that the said council of every borough
shall take an account of the -reasonable expenses incurred by
the overseers of the poor in carrying into effect the several pro-
visions of this act, so far as relates to the said lists, and shall
order the treasurer of the said borough to pay the seine out of
the borough fund of the said borough.
And be it enacted, that in every borough shall be elected, at
the time-and. in the manner hereinafter mentioned, a certain
number of fit persons who shall be and be called "The Coun-
cil" of such borough, and one fit person who shall be and be
called "The Mayor" of such borough : and the number of per-
sons so to be elected of the council in each borough shall be the
number mentioned in conjunction with the name of such bo-
rough,
in the said schedules (A) and (B).
And be it enacted,ethat no person shall be qualified to be
elected or to be a councillor, or one of the charitable trustees
hereinafter mentioned, of any such borough who shall not be a
burgess of such borough, or during such time as he shall hold
any office or place of profit other than that of mayor in the gift
or disposal of the council or charitable trustees of such borough,
or during such time as he shall have directly or indirectly, by
himself, or his partner, any share or interest in any contract or
employment with, by, or on behalf of such council or charitable
trustees.
And be it enacted, that every burgess of any borough who
shall be enrolled on the burgess roll fur the time being of such
borough, shall be entitled to vote in the election of councillors
for such borough, and no person who shall' not be enrolled in
such burgess roll for the tune being shall have any voice or be
entitled to vote in any such election.
And be it enacted, that upon the 25th day of October in this
and every succeeding year, the burgesses so enrolled in every
borough shall openly assemble and elect the council of such
borough, or such part thereof, as shall be needed to supply the
places of those who shall then go out of office : provided never-
theless, that whenever any day by this act appointed as a days
of election shall, in any year happen on a Sunday, in every such
case the election shall take place on the Monday following.
And be it enacted, that upon the 25th day of October, 1836,
and in every succeeding year, one-third part of the whole coun-
cil for the time being of every borough shall go out of office;
and in the said year 1836 those who shall so go out of office
shall be the councillors who were elected under the provisions
of this act by,the smallest numbers of votes in this present year;
and in the next year; 1837, those who shall' so go out of office
shall be the Councillors who were elected under the provisions
of this act by the next smallest numbers of votes in this present
year, the majority of the whole council always determining, when
the votes for any such persons shall have been equal, who shall
be the persons so to go out of office; and thereafter those who
shall so go out of office shall always he the councillors who have
been for the longest time in office; provided always, that any
councillor so going out of office shall be capable of being forth-
with re-elected, if then qualified as herein provided.
And be it enacted, that every election of councillors within
any borough, according to the provisions of this act, shall be
held before the mayor for the time being of such borough, ex-
cept as hereinafter is excepted; and the voting at every such
election shall commence at nine o'clock in the forenoon, and
shall finally close at-four o'clock in the afternoon of the same
day, and shall be conducted in manner following; that is to
say, every burgess entitled to vole in the election of councillors
may vote for any number of persons, not exceeding the number
of councillors then to be chosen, by delivering to the mayor a.
voting paper, containing the Christian names and surnames of
the persons for whom he votes, with their respective places of
abode and descriptions, such paper being previously signed
with the name of the burgess voting, and with the name of the
street, lane, or other place in which the property for which he
appears to be rated on the burgess-roll is situated.
And be it enacted, that at every contested election of coun-
cillors or of the auditors hereafter mentioned in any borough,
the mayor shall, if required thereto by or on behalf of any can-
didate, and if not so required, may, it it shall appear to him ex-
pedient, cause to be erected for taking the poll at such elec-
tion different booths fur different parts of such borough, which
booths may be situated either in one place or in several places,
and shall be so divided and allotted into compartments as to the
mayor shall seem most convenient; and the mayor shall ape
point a clerk to take the poll at each compartment, and shall
cause to be affixed on the most conspicuous part of each of the
said booths the names of the parts for which such booth is re-
spectively allotted; and no person shall be admitted to vote at
any such election except at the booth allotted for the part
wherein the house, warehouse, countinghouse or shop occupied
by him as described in the burgess roll may be; but in case no
booth shall happen to be provided for any particular part as
aforesaid, the votes of the persons voting in respect of property
situate in any smart so omitted may be taken at any of the said
booths, and public notice of the situation, division, and allot-
ments of the different booths, shall be given two days before the
commencement of the poll by the mayor; and in case the booths
shall be situated in different places, the mayor may appoint a
deputy to pi eside at each place; provided also, that no nomina-
tion shall he made or election holden of any councillors or au-
ditors of any borough in any church, chapel, or other place of
public worship.

And be it enacted, that no inquiry shall he permitted at any
election of councillors as to the right of any person to vote as

a burgess in any borough, except only as follows; that is to say,
that the Mayor shall, if required by any two burgesses entitled
to vote in the same borough, put to any voter at the time of his
delivering in his voting-paper, and not afterwards, the follow-
ing questions, or any of them, and no other:—
I. Are you the person whose name, is signed to the voting-
paper now delivered in by you ?
2. Are you the person whose name appears as A. B. on the
burgess roll now in force for this borough, being registered
therein as rated for property described to be situated in
? [here specify the street, &c., as described in
the burgess roll.]
3. Have you already voted at the present election-?
And if any person shall wilfully make a false answer to any
of the questions aforesaid, he shall be deemed guilty of an in-
dictable misdemeanor, and shall be punished accordingly.
And be it enacted, that the mayor, having received the
voting-papers so delivered as aforesaid, shall examine the same,
for the purpose of ascertaining which of the several persons
voted for are elected; and so many of such persons, being equal
to the nurnberof the councillors then to be chosen, as shall have
the greatest number of votes, shall be deemed to be elected ;
and in case of an equality in the number of votes for any two
or more persons, the mayor shall name from amongst those per-
sons, for whom the number of votes shall be equal, so many as
shall be necessary to complete the requisite number of coun-
cillors to be chosen;, and the mayor ahall publish a list of the.
names of the persons so elected councillors not later than two
o'clock in the afternoon of the day next following the day of
such election, unless such next day be Simday, and then on the
Monday following.
And be it enacted, that if the mayor of any borough shall, at
the time when he shall be required to eiecute the powers and
duties herein provided with respect to elections, be dead, absent,
or otherwise incapable of acting, the councillors of such borough
'shall forthwith elect one of themselves to execute all such
powers and duties in the place bf the mayor.
And be it enacted, that after the declaration of the first elec-
tion of the council under the provisions of this act in any
borough, the mayor, aldermen, and common councilmen, and
all other members of the common council or governing body of
the body corporate, named in conjunction with such borough in
the said schedules A and B, by whatever name or style they
may be known or called, then in office, shall go out of office,
and their whole powers and duties shall cease, except only where
any of the said persons shall have been again elected under the
provisions of this act: provided nevertheless, that such persons
as by virtue of any charter are justices of the peace in any bo-
rough at the time of passing this act, shall continue to have and
exercise all the powers which at the time of passing this act
they have as justices of the peace, until the first clay of May, one
thousand eight hundred and'thirty-six, and no longer.
And whereas, by reason of the great number of the inhabi-
tants of the boroughs named in the first division of the sche-
dule (A-) to this-act annealed, it is desirable that such boroughs
should be divided into wards, for the purpose of making the
elections of councillors in such bhroughs as last aforesaid in
seiiaiate wards; be it enacted, that in ease his Majesty shall be
pleaied to issue his letters patent under the Great Seal, that he
may he certified in what manner such division may be most
fitly made; and upon inspection of the return thereunto made
by the commissioners to whom such letters patent as last afore-
said shall have been directed, shall be pleased, by the advice
of his Privy Council, to declare the number and extent of the
wards into which any borough named in the first division of the
said schedule ( A) shall be thenceforward divided, and the num-
ber of councillors who shall be chosen in each of such wards,
so that the whole number of councillors shall be the number
mentioned in conjunction with the name of such borough in the
said schedule A. every such borough shall thenceforward, for
the purposes of this act, be deemed to be divided into such and
se many wards as shall have been so declared, and- the number
of persons to be elected councillors in each ward shall be the
number so declared as aforesaid.
And be it enacted, that on the 25th day of October next after
such division into wards of any borough, and in every succeed-
ing year, the burgesses of every such ward, and none others,
shall separately elect the councillors then to be elected in such
ward respectively, and the whole number of councillors so
elected in any ward oeany one vear after the first election of
councillors under this act shall be one-third part of the whole
number of councillors allotted to such ward; and every such
ward election, on the twenty-fifth day of October next after
such division into wards of any such borough, shall be held
before the person whom the mayor for the time being shall ap-
point in that behalf, and iu every succeeding year shall be held
before the councillor whom the councillors chosen in such ward
shall yearly appoint in that behalf, who shall be called "The
Alderman" of such ward, and the votings and other proceed-
ings, in all other respects, shall be conducted in the same man-
ner,as is hereinbefore declared with respect to elections by the
burgesses of the whole borough; and the alderman of each
ward shall have the same powers in regard to elections of coun-
cillors in his ward as are herein enacted with regard to the
mayor for the whole borough, if not divided into wards; and
every person so elected a councillor in such ward shall hold his
office for the same time that he would have held it had he been
elected by the burgesses of the whole borough.
And be it enacted, that every burgess of any borough shall
be entitled to‘ vote in the election of the councillors to be chosen
within that ward in which the property of such buigess, for
which he appears to be rated on the burgess roll for the time
being of such borough, shall appear to be situated, and not other-
wise; and in case it shall happen that any burgess shall be rated
in respect of distinct premises in two or more wards, then he
shall be entitled to be enrolled and to vote in such one of the
said wards as he shall select, but not in more than one.
And be it enacted, that, for the purpose of better ascertaining
who are the burgesses of any such ward, the burgess-roll of
every borough so divided into wards shall henceforward be made
out in as many alphabetical lists of the burgesses in each ward,
to be called "ward lists," as there are wards within such bo-
roughs.
And be it enacted, that if at any election of councillors for
any borough, any person shall be elected a councillor iu more
therm one of the wards of such borough, he shall, within three
days after notice thereof, choose for which one of the said wards
he will serve, and shall thereupon be held to be elected in that
ward only which he shall so choose.
And be it enacted, that if any vacancy shall be occasioned in
the office of councillor for any borough by reason of any person
who shall have been elected to such office not accepting the same,
or accepting the said office in another ward, where the .borough
is divided into-wards, or by reason of" his dying or. ceasing to
hold the said office, the burgesses entitled to vote shall, on a day
to be fixed by the mayor of such borough, or in case the borough
shall have been divided into wards, by the alderman of the ward
in which the vacancy happened (such day not to be later than
ten days after such vacancy,) elect another burgess as a coun-
cillor to supply such vacancy; and such election shall be held,
and the voting and other proceedings, in case of a contest, shall
be conducted in the same manner, and subject to the same pro-
visions, as-are hereinbefore enacted with respect to the elections
of councillors as aforesaid; and every person so elected a coun-
cillor shall hold such office until the time at which the person
in room of whom he was chosen would regularly have gone
out of office, and he shall then go out of office, but shall be
capable of immediate re-eleetion, if then qualified as herein
provided.
And be it enacted, that on the day next after the day in this
and every succeeding year on which the council of any'borough
shall be elected, the said council shall elect out of the council-
lors of such borough a fit person to be the mayor of such
borough, who shall continue in his office for one whole year;
and in case a vacancy shall be occasioned in the office of mayor
of the borough during such year by reason of any person who
shall have been elected to such office not accepting the same,
or by reason of his dying or ceasing to hold the said office, the
council of the borough shall, within ten days after such vacancy,
elect out of the councillors of the said borough another fit person
to be the mayor thereof for the remainder of the then current
year.
And be it enacted, that no person elected a mayor or coun-
cillor for any borough shall be capable of acting as such, except
in administering the declaration hereinafter contained, until he
shall have made and subscribed, before any two or more of such
councillors (who are hereby respectively authorized and required
to administer the same to each other) a declaration in the words
or to the effect following : that is to say,
" I, A. 8., having been elected mayor (or councillor) for the
borough of do 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 be enacted, that every burgess who shall be elected to
the office of councillor, and every councillor who shall be elected
to the office of mayor for any borough shall accept such office to
which he shall have been elected, or shall in lieu thereof pay a
fine of to the mayor and burgesses of such borough;
and such fine, if. not duly paid, shall be levied by distress and
sale of the goods and chattels of the person so refusing to accept
office, with the reasonable charges of such distress; and every
such burgess or councillor so elected shall accept such office,
by making and subscribing the declaration hereinbefore men-
tioned, within three days after notice of his election, otherwise
such burgess or councillor shall be liable to pay the said fine as
for his non-acceptance of such office, and such office shall there-
upon be deemed to be vacant, and shall be filled up by a fresh
election, to be made in the manner hereinbefore mentioned :
provided always, that no person disabled by lunacy or imbecility
of mind, or by deafness, blindness, or other permanent infirmity
of body, shall be liable to such fine as aforesaid : Provided also,
that every person so elected to such office of councilloror mayor,
who shall be above the age of sixty-five years, or who shall have
already served such office respectively, or paid the fine for not
accepting such office respectively, within five years from the
day on which he shall be so re-elected, shall be exempted from
accepting or serving the same office, if he shall claim such ex-
emption within three days after notice of his election.
Provided always, and be it enacted, that if any person hold-
ing the office of mayor or cotineillor for any borough shall be
declared bankrupt, or shall apply to take the benefit of any act
for the relief of insolvent. debtors, or shall be absent for inure
than one month (unless with the approbation of the majority of
the council) from the borough of which he shall be mayor or
councillor, then and in every such case such person shall there-
upon immediately become disqualified, and shall cease to hold
the office of such mayor or councillor as aforesaid, and the
council shall thereupon forthwith declare the said office to be
void, and shall signify the same by notice in writing under the
hands of three or more of them, countersigned by the town-clerk,
to be affixed in some public place within the borough, and the
said office shall thereupon become void ; but every person so
becoming disqualified, arid ceasing to hold such office on account
of his being declared a bankrupt, or of his applying to take the
benefit of any act fer the relief of insolvent debtors, shall, on
obtaining his certificate, or on payment of his debts in full, be
capable of being re-elected to such office; and every person'
becoming disqualified to hold such office on account of absence
as aforesaid, shall, on his return to such borough, be capable of
being re-elected to such office, provided he shall then be other-
wise qualified.
And he it enacted, that if anv person shall act as mayor or
councillor for any borough, witriout having made the declara-
tion hereinbefore required in that behalf, or without being duly
qualified, or after he shall have become disqualified to hold any
such office, he shall for every such offence forfeit the sum of
such sum to be recovered with fall costs of suit by
any person who will sue for the same, within three calendar
months after the commission of such offence, by action of debt,
or on the case, in any of his majesty's superior courts of record;
and the money so to "be recovered shall, after payment of the
costs and expenses attending the recovery thereof, be paid and
apportioned as follows : that is to say, one moiety thereof to the
person so suing, and the other moiety thereof to the treasurer to
be appointed by virtue of this act, to be by him applied in aid
of the borough fund : provided always, that all acts and proceed-
ings of any person in possession of the office of mayor or couu-
cillor, and acting as a mayor or councillor, shall, notwithstand-
ing such disqualification, be as valid and effectual as if such
person had been duly qualified.
And be it enacted, that the mayor for the time being of every
borough shall be a justice of the peace of and for such borough,
and also of and for the county within which such borough,
of any part thereof, is situated, and also of and for every
county within seven miles of any part of such borough, and
shall execute the duties of a justice of the peace for the same
respectively, although be may not have such qualification by
estate, as is required by law in case of any other person being a
justice of the peace for a county, and shall have precedence in
all places within the borough; and in boroughs which return a
member or members to serve in parliament, other than the town
of Berwick.upon-Tweed, and other than cities and towns which
are counties of themselves, shall be the returning officer at all.
such elections, and shall, irhe shall think fit, or if tiny candi-
date shall require the same, be assisted in such of tho said

boroughs as shall have a recorder, by the. recorder of such
borough as his assessor at such election; and in case the ineyor
shall.) at the time he shall be regdired to perform the duties of
such returning officer, be dead, absent.) or otherseise incapable
of acting, the councillors of such borough shall forthwith elect
°neut. themselves tp be the returning officer for such borough in
the place of the mayor being so dead, absent, or otherwise: in.;
capable.
And be it enacted, that the coudoil of every borough shall apt
point, to he removable at their pleasure, a fit person, not being
a councillor, to be the town-clerk of such borough, a treasurer
of the borough, and such other clerks, collectors, and officers as
they shall think necessary for enabling them to carry into eat,
cution the various powers and duties vested in them liv virtue of
this act: and shall take such security for the due execution of
his office by any such treasurer, clerk, collector, or other
officer, as the said council shall think proper; and shall order to
be paid to the mayor, and to the town-clerk and treasurer, and
to every such clerk, collector, and other officer to he employed
as aforesaid, such salary or allowance as the said council shall
think reasonable; and in case of a vacancy in any such office ai
aforesaid, by death, resignation, removal, or otherwise, the
council of such borough may appoint another fit person in the
place of the person so making such vacancy, provided that the
town-clerk and treasurer shall not be the same person.
And be it enacted, that the treasurer of any borough stall
pay no money on account of the mayor and burgesses of each
orough, save only upon the order in writing of the councili
signed by three or more councillors, and countersigned by the
town-clerk of such borough.
And be it enacted, that every treasurer, clerk., collector, or
other officer appointed by the council its aforesaid, shall, at such
times during the continuance of his office, or within
months after the expiration of his office, and in such a manner
as the said council shall direct, deliver to the council, or to such
person as they shall authorise for that purpose, a true account in
writing of all matters committed to his charge by virtue of this
act, and also of all moneys which shall have been by him ree
ceived by virtue or for the purposes of this act, and how much
thereof shall have been paid and disbursed, and for what pur,
poses, together with proper vouchers for such payments, and
also a list of the names of all such persons as shall not have
paid the moneys due from them for the purposes of this act, and
of the am/tint due from each of them; and every such officer
shall pay all such moneys as shall remain due from him to the
treasurer for the time being, or to such person as the said coun-
cil shall authorize to receive the same; and if any suchofficer
shall refuse or willfully neglect to deliver such account, or the
vouchers relating to the same,. or such list as aforesaid, or to
make payment as aforesaid, or shall refuse or Willfully ueglect
to deliver to the said council, or to such person as they shall au-
thorize, within three days after being thereunto required by
notice in writing under the hands of any three or more of the
laid council. to be given or left at the last place of abode of such
officer, all books, papers, and writings in his custody or power
relating to the execution of this act, or to give satisfaction to the
said council, or to such other person as aforesaid, respecting
the same, then and in every such case, upon complaint made on
behalf of the said council, Gy such person as they shall authorize
for- that purpose, of any such refusal or willful neglect as afore•
said, to any justice of the peace for the county or other jurisdic-
tion wherein such officer so refusing; or neglecting shall be or
reside, such justice is hereby authorized and required to issue a
warrant under his hand and seal for bringing such officer before
any two justices of the peace for such county or jurisdiction ;
and upon the said officer appearing, or not being found, it shall
be lawful for such justices to hear and determine the matter in
a summary way; and if it shall appear to such justices that any
moneys remain due from such officer, such justices may, and
they are hereby authorized and required, upon non-payment
thereof; by warrant under their hands and seals, to cause such
motleys to be levied by distress and sale of the goods of such
officer; and if sufficient goods shall not be found to satisfy the
said moneys, and the charges of the distress, or if it shall appear
to such justices that such _officer has refused or willfully neglect-
ed to deliver such account, or the vouchers relating thereto, or
such list as aforesaid, or that any books, papers, or writings re,
listing to the execution of this act remain in the hands or in the
custody or power of such officer, and that he has refused or wills
fully neglected to deliver the same, or to give satisfaction re-
specting the same as aforesaid, then and in every such case such
justices shall, anti they are hereby required to commit such of-
fender to the common gaol or house of correction forthe count's, or jurisdiction where such offender shall be or reside, there to
remain without bail until he shall have paid such moneys as
aforesaid, or shall have compounded with the said council for
such moneys, and shall have paid such composition in such
'manner as they shall appoint, (which composition the said
council are hereby empowered to make and receive,) or until he
shall have delivered a true account, as aforesaid, together with
such vouchers and list as aforesaid, or until he shall have deli-
vered up such books, papers, and writings, or have given satis-,
faction in respect thereof to the said council, or to such other
person as aforesaid, as the case may be: provided always that
no person so committed shall be detained in prison, for want of
sufficient distress only, for a longer space of time than three
calendar months:- provided also, that nothing in this act con-
tained shall prevent or abridge any remedy by action against
any such officer so offending as aforesaid, or against any surety
for any such officer, but such officer shall not be sued by action,
and also proceeded against in a summary manner by virtue of
this act for the same cause.
And be it enacted, that in the town of Berwick-upon•Tweed,
and in the counties of the cities of Bristol, Canterbury, Chester,
Coventry, Exeter, Gloucester, Lichfield, Lincoln, Norwich,
Worcester, and York, and in the counties of the towns of Caer-
marthen, Haverfordwest, Kingston-upon,liell, Ne wcastle-upou,
Tyne, Nottingham, Poole, and Southampton, the council shall,
on the first day of November in this and every sticceding year,
name a fit person to execute the office of sheriff, with the like
powers as the sheriff, or the person filling the office of sheriff iu
the said town and counties respectively would have if this act
had not passed. •
And be it enacted, that the council of every borough in Which
a separate court of sessions of the peace shall be holden, as it
hereinafter provided, shall, within ten dais next after the grant
of the said court shall have been signified to the council of such
borough appoint a fit person to be coroner of such borough, so
hung as he shall well behave himself in his office of coroner, and
shall fill up every vacancy of the office of coroner of the borough,
by death, resignation, or removal, within ten days next atter
such vacancy Shall have occurred, and none thereafter shall
take any inquisition which belongs to the office of coronekwitbila
suCfi borough, save only the coroner so from time to time to bd
appointed; and every such coroner for every inquisition which .
he shall duly take within such borough, shall be entitled to have
the sum of twenty shillings, and also the sum of ninepence for
every mile which he shall be compelled to travel from his usual
place of abode to take such inquisition, to be paid by the court,
cil out of the borough fund of such borough, by order of the jus-
tices acting in and for such borough.
And be it enacted, that in every borough in and for which
no separate Court of Sessions of the Peace shall be holden, oo
person, after the twenty-fifth day of October in this present year,
shall take any inquisition which belongs to the office of coroner
within such borough, save only time coroner for the county in
which such borough is situated; and the coroner of such caunty
for every inquisition which he shall duly take within airy place
or precinct within any such borough, shall be entitled to have
the sum or twenty shillings, and also the sum of ninepence for
every mile which he shall be compelled to travel from his usual
place of abode to take such inquisition, to he paid by the council
out of the borough fund, by order of the justices acting in and
for the borough.
And be it enacted, that the council elected under this act in
any borough shall have power to remove from his office every
sheriff and bailiff, coroner, town-clerk, treasurer, or chamber-
lain, and every minister or executive officer of such borough and
body corporate, who shall be in office at the time of the first
election of councillors under this act, and every officer in such
borough shall continue to act in the sante capacity as hereto-
fore, and to execute all the duties heretofore belonging to his
office, and be entitled to have the same salaries, fees, and emo-
luments as he would have had if this act had not passed until he
shall.be removed from his office, and no longer, unless he shall
be re-appointed according to the provisions of this act; and
every officer who shall be in possession or receipt of any monies,
goods, valuable securities, books and papers belonging to or cone
cerning the body corporate whose officer he is, shall account for
the same to the council of such body corporate appointed under
this act, as is hereinbefore provided in the case of officers ap-
pointed by such council.
• And be it enacted, that every officer of any borough who shall
be in office at the time of the first election of councillors under
this act in such borough, and who shall be removed from his
office as aforesaid, shall be entitled to have an adequate com-
pensation, to be assessed by the council, and paid out of the
borough fund, for the salary, fees, and emoluments of the office
which he shall so cease to bold, regard being had to the manner
of his appointment to the said office, and his term or interest
therein, and all other circumstances- of the case; and in case
any such officer shall think himself aggrieved by the amounaat
which the council shall have assessed the compensation so to be
paid to him, or in case one-third of the members of the council
shall subscribe a protest against the amount of such compensa-
tion as excessive, it shall be lawful for such officer, or any coon=
cillor who shall have subscribed such protest, to appeal to the
Lords Commissioners of his Majesty's Treasury, who shall
thereupon make such order as shall to them scent expedient ;
and such order, signed by three or more of the said Lords Coin-
missioners, shall be binding upon all parties.
And be it enacted, that all acts whatsoever authorised or re- •
quired by virtue of this act to be done by the council of any
borough, and all questions of adjoui :Imola, or others that may
comebefore such council, may be done and decided by the ma-
jority of the councillors -Who shall be present at any meeting
held in pursuance of thie act, the whole number present at such
meeting not being less than one-third part of the numberorthe
whole council, and at all such meetings the mayor shall preside,
and the mayor, or iu the absence of the mayor, such councitler
as the councillors then assembled shall choose to be the chair-..
tnan of that meeting, shall have a second or castiug vote:in ell
cases of equality of voles; provided always, that pre viougto any
meeting of the council held by virtue of this act, a notice of the _
time and place of such intended ineeting•shall be given three •
clear days at least before such meeting, by fixing the said notice
on or near the door of the Town-hall of the borough ; and such
nelide shall be signed by the mayor, who shall have powea,to
call a meeting of the council as often as he shall think proper;
and in case the mayor shall refuse to call any such meetiagggia
ter a requisition for that purpose, signed by five eouncillergat
the least, shall have been presented to him, it shall be lawful
for the said five councillors to call a meeting of the council by
giving such notice as is hereinbefore required in that behalf,
Such notice to be signed by the said councillers instead of the"
mayor; and in every case a summons to attend the council,
specifying the business proposed to be transacted at such meet- •
ing, signed by the town-clerk, shall be left at the usual pla,ce,of
abode of every member of the council three 'clear days at least
before such meeting. • •
And be it enacted, that it shall be lawful for the council of apy
borough to appoint out of their own body, from time to tune,
such and so many committees, either of a general or special
nature, and consisting of such 'writhes of persons, as they may
think fit for any purposes which, in the discretion of such coun-
cil, ,•
would be better regulated and managed by means of such
committees, and to make such by-laws and regulatious for the
directiun and government of such committees as to such coun-
cil shall seem meet.
And be it enacted, that the council of every borough to which
a separate commission of the peace shall have been granted as
hereinafter mentioned, or a committee of the council to be spe-
cially appointed by the council in that behalf, shall hold a spe-
cial meeting in the month of September in every year, for grant-
ing licences to persons to keep victualling-houses, ale-houses,
and canteens, and to sell ale, beer, and other exciseable liquors
by retail within such borough ; and after the first day of Sep-
tember, one thousand eight hundred and thirty-six, all Mich
licences within any such borough, granted otherwise than by
the council of such borough, or such committee of the council as
last aforesaid, shall be null nod void.
And be it enacted, that after the said first day of September,
the councillors of every such borough as last aforesaid shall act
with all the powers, and subject to all the disqualifications and •
penalties in the matter of granting such licences enacted -con-
cerning justices of the peace, in a certsin act passed in the third
year of the reign of his late Majesty King George the Fourth,
intituled "An act for amending the laws for regulating the
manner of licensing alehouses in that part of the united king-
dom %called England, and for the more effectually preventing
disorders therein; and the town-clerk of every such borough
respectively shall act as ,therein' is enacted, concerning the
clerks to the justices, and shall he entitled, and none other, to
take the fees them emu made payable to the clerks to the justices,
and be subject in like manuer to the like penalty far taking