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Municipal Corporations Act 1882

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Preliminary.

    1. 1.Short title.

    2. 2.Division of Act into Parts.

    3. 3.Extent.

    4. 4.Commencement.

    5. 5.Repeal.

    6. 6.Application.

    7. 7.Interpretation and construction.

  3. PART II Constitution and Government of Borough.

    1. Corporate Name.

      1. 8.Name of municipal corporation.

    2. Burgesses.

      1. 9.Qualification of burgess.

    3. Council; Mayor, Aldermen, and Councillors.

      1. 10.Constitution of council.

      2. 11.Qualification of councillor.

      3. 12.Disqualifications for being councillor.

      4. 13..Term of office and rotation of councillors.

      5. 14.Number, term of office, and rotation of aldermen.

      6. 15.Qualification, term of office, salary, precedence, and powers of mayor.

      7. 16.Power of mayor to appoint deputy.

    4. Officers of Council.

      1. 17.The town clerk and deputy.

      2. 18.The treasurer.

      3. 19.Other borough officers.

      4. 20.Security by and remuneration of officers.

      5. 21.Accountability of officers.

    5. Meetings and Proceedings of Council; Committees.

      1. 22.Quarterly and other meetings of council; appointment of committees, minutes, &c.

    6. Byelaws.

      1. 23.Power of council to make byelaws.

      2. 24.Evidence of byelaws.

    7. Accounts and Audit.

      1. 25.The borough auditors.

      2. 26.Half-yearly accounts of treasurer.

      3. 27.Audit and publication of treasurer's accounts.

      4. 28.Returns to Local Government Board.

    8. Revising Assessors.

      1. 29.Revising assessors in non-parliamentary boroughs.

    9. Division of Borough into Wards, or alteration of Wards.

      1. 30.Proceedings for division of borough into wards or alteration of wards.

    10. Supplemental and Exceptional Provisions.

      1. 31.Occupation of part of house.

      2. 32.Claim by occupier to be rated.

      3. 33.Rules as to qualification of burgess on succession, &c.

      4. 34.Obligation to accept office or pay fine.

      5. 35.Declaration on acceptance of office.

      6. 36.Fine on resignation, &c.

      7. 37.Re-eligibility of office holders.

      8. 38.Mayor and aldermen to continue members of council.

      9. 39.Avoidance of office by bankruptcy or absence.

      10. 40.Filling of casual vacancies.

      11. 41.Penalty on unqualified person acting in office.

      12. 42.Validity of acts done notwithstanding disqualification, &c.

      13. 43.Duties of town clerk, deputy, and treasurer during vacancy or incapacity.

  4. PART III Preparations for and Procedure at Elections.

    1. Parish Burgess Lists; Burgess Rolls ; Ward Rolls.

      1. 44.Preparation and revision of parish burgess lists.

      2. 45.The burgess roll and ward rolls.

      3. 46.Arrangement of lists and rolls.

      4. 47.Correction of burgess roll.

      5. 48.Printing and sale of burgess roll and other documents.

      6. 49.Separate list of persons qualified to be councillors but not to be burgesses.

    2. Election of Councillors.

      1. 50.Borough and ward elections.

      2. 51.Title to vote.

      3. 52.Day of election.

      4. 53.Returning officer at election.

      5. 54.Notice of election.

      6. 55.Nomination of candidates.

      7. 56.Relation of nomination to election.

      8. 57.Publication of uncontested election.

      9. 58.Mode of conducting poll at contested election.

      10. 59.Questions which may be put to voters.

    3. Election of Aldermen.

      1. 60.Time and mode of election of aldermen.

    4. Election of Mayor.

      1. 61.Time and mode of election of mayor.

    5. Election of Auditors and Assessors.

      1. 62.Time and mode of election of auditors and assessors.

    6. Supplemental and Exceptional Provisions.

      1. 63.Right of women to vote.

      2. 64.Polling districts.

      3. 65.Notices as to elections.

      4. 66.Time for filling casual vacancies.

      5. 67.Illness, &c. of mayor or returning officer.

      6. 68.Election of councillor in more than one ward.

      7. 69.Elections not in churches.

      8. 70.Omission to hold election, or election void.

      9. 71.Burgess roll to be in operation until revision of new burgess roll.

      10. 72.Non-compliance with rules.

      11. 73.Election valid unless questioned within twelve months.

      12. 74.Offences in relation to nomination papers.

      13. 75.Offences in relation to lists and elections.

      14. 76.Revival of former law on expiration of Ballot Act.

  5. PART IV Corrupt Practices and Election Petitions.

    1. Corrupt Practices.

      1. 77.Definitions.

      2. 78.General penalties for corrupt practices.

      3. 79.Disqualifications and avoidance of election for corrupt practices by candidates.

      4. 80.Disqualifications and avoidance of election for corrupt practices by agents, and for offences against this Part.

      5. 81.Avoidance of election for general corruption.

      6. 82.Paid agents and canvassers.

      7. 83.Payment for conveyance of voters.

      8. 84.Prosecutions for corrupt practices.

      9. 85.Striking off votes.

      10. 86.Personation.

    2. Election Petitions.

      1. 87.Power to question municipal election by petition.

      2. 88.Presentation of petition.

      3. 89.Security for costs.

      4. 90.Petition at issue.

      5. 91.Municipal election list.

      6. 92.Constitution of election court.

      7. 93.Trial of election petition.

      8. 94.Witnesses.

      9. 95.Withdrawal of petition.

      10. 96.Abatement of petition.

      11. 97.Withdrawal and substitution of respondents.

      12. 98.Costs on election petitions.

      13. 99.Reception of and attendance on the election court.

      14. 100.Rules of procedure and jurisdiction.

      15. 101.Expenses of election court.

      16. 102.Acts done pending a petition not invalidated.

      17. 103.Provisions as to elections in the room of persons unseated on petition.

      18. 104.Prohibition of disclosure of vote.

  6. PART V Corporate Property and Liabilities.

    1. Corporate Land.

      1. 105.Power to purchase land for town hall, &c.

      2. 106.Power to borrow with approval of Treasury.

      3. 107.Power to acquire land with the approval of the Treasury.

      4. 108.Restrictions on alienation of corporate land without approval of Treasury.

      5. 109.Power to dispose of land with approval of Treasury.

      6. 110.Council may renew leases, &c.

    2. Working Men's Dwellings.

      1. 111.Sites for working men's dwellings.

    3. Repayment of Loans.

      1. 112.Power for Treasury to impose conditions as to repayment of money borrowed.

      2. 113.Provisions as to sinking fund.

    4. Purchase or Compensation Money.

      1. 114.Provision for replacing purchase or compensation money paid to treasurer.

      2. 115.Investment of proceeds of sale, or exchange authorised by Treasury.

      3. 116.Power for Treasury to authorise application of certain investments for benefit of borough.

    5. Misappropriation.

      1. 117.Penalty for misappropriation of moneys.

    6. Corporate Stock.

      1. 118.Transfer of and other dealings with corporate stock.

    7. Borough Bridges.

      1. 119.Maintenance of borough bridges.

    8. Loans for Municipal Buildings.

      1. 120.Power to borrow for buildings.

    9. Advowsons and similar Bights.

      1. 121.Obligations and powers in respect of advowsons, &c.

      2. 122.Regulations as to sale of ecclesiastical patronage belonging to municipal corporation.

    10. Special Rates.

      1. 123.Power to continue rates for special purposes.

    11. Misapplication of Corporate Property.

      1. 124.Prohibition of expenditure of corporate funds on parliamentary elections.

    12. Transitory Provisions.

      1. 125.Transfer of investments made before 1860 in names of trustees.

      2. 126.Scheme respecting mortgage debts incurred before 1860.

      3. 127.Consolidation of debts incurred before 1860.

      4. 128.Saving for sales, &c. in pursuance of past contracts and resolutions.

      5. 129.Saving for rates in respect of past debts.

      6. 130.Saying for rights of creditors in respect of tolls or dues.

      7. 131.Saving for lawful debts contracted before 5 & 6 Will.4 c.76.

      8. 132.Saving against new liability to debts contracted before 5 & 6 Will.4 c.76.

  7. PART VI Charitable and other Trusts and Powers.

    1. Charitable Trusts.

      1. 133.Administration of charitable trusts and vesting of legal estate.

    2. Special Trusts and Powers.

      1. 134.Corporation to be trustee where corporators trustees.

      2. 135.Appointment of members of council to be trustees in cases of joint trusts and other cases.

    3. Local Acts.

      1. 136.Transfer of powers of local authorities to municipal corporations.

      2. 137.Power for council to extend local lighting Act.

      3. 138.Exercise of powers under local Acts.

  8. PART VII Borough Fund: Borough Rate: County Rate.

    1. Borough Fund.

      1. 139.Payments to borough fund.

      2. 140.Application of borough fund.

      3. 141.Orders for payment of money.

      4. 142.Payments to and by treasurer.

      5. 143.Application of surplus of borough fund.

    2. Borough Rate.

      1. 144.Power for council to make borough rate and assess contribution thereto.

      2. 145.Collection of borough rate in undivided parish.

      3. 146.Collection of borough rate in divided parish.

      4. 147.Rating of owners instead of occupiers for borough rate in certain cases.

      5. 148.Warrants for levy of borough rate.

      6. 149.Borough rate to go to borough fund; and its application.

    3. County Rate.

      1. 150.General exemption of quarter sessions boroughs from county rate.

      2. 151.Liability of quarter sessions borough for prosecution expenses of county.

      3. 152.Liability of certain quarter sessions boroughs to other county expenses.

      4. 153.Mode of accounting by borough to county.

  9. PART VIII Administration of Justice.

    1. County Justices.

      1. 154.Jurisdiction of county justices in borough.

    2. Borough Justices.

      1. 155.Mayor and last mayor to be borough justices.

      2. 156.Separate commission of peace.

      3. 157.Qualification of borough justice.

      4. 158.Jurisdiction of borough justices.

      5. 159.Clerk to borough justices.

      6. 160.Justices room.

    3. Stipendiary Magistrate.

      1. 161.Appointment of stipendiary magistrate.

    4. Borough Quarter Sessions: Recorder: Clerk of the Peace.

      1. 162.Grant of separate court of quarter sessions.

      2. 163.The recorder.

      3. 164.The clerk of the peace.

      4. 165.Recorder to hold court of quarter sessions.

      5. 166.Power to appoint deputy recorder.

      6. 167.Powers of mayor in absence of recorder and deputy recorder.

      7. 168.Power for recorder to form a second court.

      8. 169.Liability of borough having quarter sessions for prosecutors expenses.

    5. Sheriff.

      1. 170.Appointment of sheriff in counties of cities and counties of towns.

    6. Coroner.

      1. 171.Appointment, fees, &c. of borough coroner in boroughs having separate quarter sessions.

      2. 172.Power of borough coroner to appoint a deputy.

      3. 173.Returns by borough coroners.

      4. 174.Acting of county coroner in borough.

    7. Borough Civil Court.

      1. 175.Judge of borough civil court where there is a recorder.

      2. 176.Judge of borough civil court where there is no recorder.

      3. 177.Tenure of judge.

      4. 178.Registrar and other officers and fees.

      5. 179.Solicitors.

      6. 180.Time of holding court.

      7. 181.Procedure.

      8. 182.Power for judge to make rules of procedure.

      9. 183.Jurisdiction of Court.

      10. 184.Saving for borough civil courts and for 35 & 36 Vict. c.86.

      11. 185.Power to extend jurisdiction of borough civil court.

    8. Borough Juries.

      1. 186.Provisions as to juries in boroughs.

    9. Exceptional Provisions.

      1. 187.Grants to boroughs not affected by subsequent grants to counties.

      2. 188.Trial of offences committed in counties of cities and counties of towns.

      3. 189.Jurisdiction in places separated from borough.

  10. PART IX Police.

    1. Watch Committee; Constables.

      1. 190.Council to appoint watch committee.

      2. 191.Appointment, duties, and powers of borough constables.

      3. 192.Quarterly returns as to borough constables.

      4. 193.Power of constables to apprehend disorderly persons, &c.

      5. 194.Penalties on constables for neglect of duty.

      6. 195.Penalty for assaults on constables.

    2. Special Constables.

      1. 196.Appointment of special constables.

    3. Watch Rate.

      1. 197.Levy of watch rate.

      2. 198.Watch rate in divided parish.

      3. 199.Warrant for levy of watch rate.

      4. 200.Watch rate to go to borough fund.

  11. PART X Freemen.

    1. 201.Definition of freeman.

    2. 202.Freedom not by gift or purchase.

    3. 203.The freemen's roll.

    4. 204.Admission to freedom.

    5. 205.Reservation of rights of property to freemen and others.

    6. 206.Limit of value and saving as to conditions precedent.

    7. 207.Saving for power to question right.

    8. 208.Reservation of beneficial exemptions to freemen and others.

    9. 209.Reservation of parliamentary franchise, &c.

  12. PART XI GRANT OF CHARTERS.

    1. 210.Power to Crown in granting charter to borough to extend to it the provisions of the Municipal corporations Acts.

    2. 211.Reference to Committee of Council, and notice of petition for charter.

    3. 212.Power by charter to settle wards, and by fixing dates and otherwise to adapt the Municipal Corporations Acts to first constitution of new borough.

    4. 213.Scheme for continuance or abolition of and adjustment of rights of existing local authority and officers.

    5. 214.Supplemental provisions as to scheme and charter.

    6. 215.Provision as to police force in new borough.

    7. 216.Validity of charters.

    8. 217.Power to settle scheme in case of recent charters.

    9. 218.Power to amend scheme.

  13. PART XII Legal Proceedings.

    1. 219.Prosecution of offences and recovery of fines.

    2. 220.Exclusion of certiorari.

    3. 221.Application of penalties in quarter sessions boroughs.

    4. 222.Duties of clerk of peace as to fines and forfeitures.

    5. 223.Service of summons or warrant.

    6. 224.Procedure in penal actions against corporate officers.

    7. 225.Quo warranto and mandamus.

    8. 226.Provisions for protection of persons acting under Act.

    9. 227.Power for borough constables to take bail.

  14. PART XIII General.

    1. Boundaries.

      1. 228.Boundaries of boroughs and transfer of parts to counties.

      2. 229.Adjustment between boroughs and counties on change of boundaries.

    2. Time.

      1. 230.Computation of time.

    3. Distance.

      1. 231.Measurement of distances.

    4. Notices.

      1. 232.Notices on town hall.

    5. Inspection and Copies.

      1. 233.Inspection of documents.

    6. Fees.

      1. 234.Tables of fees to be posted.

    7. Seals and Signatures.

      1. 235.Forgery.

    8. Applications to Treasury.

      1. 236.Notice of application to and correspondence with Treasury.

    9. Deputy.

      1. 237.Acts of deputy not to be invalidated by defect in appointment.

    10. Overseers.

      1. 238.Notices to and acting of overseers.

    11. Declarations and Oaths.

      1. 239.Power to administer oaths, &c.

    12. Forms.

      1. 240.Forms in schedule.

    13. Misnomer or Inaccurate Description.

      1. 241.Misnomer or inaccurate description not to hinder.

    14. Substitution informer Acts.

      1. 242.Provision for references in unrepealed enactments to 5 & 6 Will.4 c.76, &c.

      2. 243.Short titles of Acts partly repealed.

    15. Returning Officers at Parliamentary Elections.

      1. 244.Mayor of certain boroughs to be returning officer in parliamentary elections.

    16. Disfranchised Parliamentary Boroughs.

      1. 245.Electors in disfranchised boroughs.

    17. Licensing.

      1. 246.Explanation of terms " town corporate " &c. in Licensing Act.

    18. Freedom of Trading.

      1. 247.Right of free trading in boroughs.

    19. Cinque Forts.

      1. 248.Special provisions as to certain of the Cinque Ports.

    20. Cambridge.

      1. 249.Vice-Chancellor of Cambridge.

    21. Savings.

      1. 250.Saving for existing corporations.

      2. 251.Saving for local Acts.

      3. 252.Saving for Prison Acts.

      4. 253.Saving for military and naval officers, &c.

      5. 254.Saving for dockyards, barracks, &c.

      6. 255.Saving as to Admiralty.

      7. 256.Saving for Lord Warden.

      8. 257.Saving for universities.

      9. 258.Saving for jurisdiction over cathedral precincts.

      10. 259.Saving for royal prerogative.

      11. 260.Saving as to repealed enactments.

  15. SCHEDULES.

    1. FIRST SCHEDULE

      Enactments repealed.

      1. PART I Enactments repealed generally.

      2. PART II Enactments repealed only as to Boroughs within this Act.

    2. SECOND SCHEDULE

      Meetings and Proceedings of Council.

      1. 1.The council shall hold four quarterly meetings in every year...

      2. 2.The quarterly meetings shall be held at noon on each...

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

      4. 4.If the mayor refuses to call a meeting after a...

      5. 5.Three clear days at least before any meeting of the...

      6. 6.Three clear days at least before any meeting of the...

      7. 7.Want of service of the summons on any member of...

      8. 8.No business shall be transacted at a meeting other than...

      9. 9.At every meeting of the council, the mayor, if present,...

      10. 10.All acts of the council, and all questions coming or...

      11. 11.In case of equality of votes, the chairman of the...

      12. 12.Minutes of the proceedings of every meeting shall be drawn...

      13. 13.Subject to the foregoing provisions of this Schedule, the council...

    3. THIRD SCHEDULE

      Elections.

      1. PART I Preparation and Revision of Parish Burgess Lists in Boroughs not Parliamentary.

        1. 1.On or before each first of September, the overseers of...

        2. 2.The overseers shall keep a printed copy of the parish...

        3. 3.The town clerk shall cause a printed copy of all...

        4. 4.Every person whose name is not in a parish burgess...

        5. 5.Every person whose name is in a parish burgess list...

        6. 6.Every person so objecting (in this Act referred to as...

        7. 7.The town clerk shall make two separate lists of the...

        8. 8.He shall also keep a printed copy of each of...

        9. 9.The mayor and the two revising assessors shall in each...

        10. 10.They shall for this purpose hold an open court in...

        11. 11.They shall give three clear days notice of the holding...

        12. 12.The town clerk shall at the opening of the court...

        13. 13.The court shall insert in the parish burgess lists the...

        14. 14.The court shall expunge from the parish burgess lists the...

        15. 15.Subject as aforesaid, the court shall retain in the parish...

        16. 16.The court shall also retain therein the name of every...

        17. 17.Where the objector so appears, the court shall require proof...

        18. 18.If the name of any person is entered in respect...

        19. 19.The court shall correct any mistake and supply any omission...

        20. 20.The overseers, vestry clerks, and collectors of poor rates of...

        21. 21.The court may require any overseer or person having the...

        22. 22.The court may examine on oath the town clerk, overseers,...

        23. 23.The court shall, on the hearing in open court, determine...

        24. 24.The mayor shall, in open court, write his initials against...

        25. 25.The mayor may adjourn the court from time to time,...

      2. PART II Rules as to Nomination in Elections of Councillors.

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

        2. 2.The writing must be subscribed by two burgesses of the...

        3. 3.Each candidate must be nominated by a separate nomination paper,...

        4. 4.Each person nominated must be enrolled in the burgess roll...

        5. 5.The nomination paper must state the surname and other names...

        6. 6.The town clerk shall provide nomination papers, and shall supply...

        7. 7.Every nomination paper subscribed as aforesaid must be delivered by...

        8. 8.The town clerk shall forthwith send notice of every such...

        9. 9.The mayor shall attend at the town hall on the...

        10. 10.Where a person subscribes more nomination papers than one, his...

        11. 11.Each candidate may, by writing signed by him, or, if...

        12. 12.Each candidate and his representative, but no other person, except...

        13. 13.Each candidate and his representative may, during the time appointed...

        14. 14.The decision of the mayor shall be given in writing,...

        15. 15.The town clerk shall at least four days before the...

        16. 16.The nomination of a person absent from the United Kingdom...

        17. 17.Where the number of valid nominations exceeds that of the...

        18. 18.In and for the purposes of the provisions of this...

      3. PART III Modifications of the Ballot Act in its Application to Municipal Elections.

        1. 1.The provisions of the Ballot Act, 1872, with respect to...

        2. 2.The mayor shall at least four days before the day...

        3. 3.The mayor shall provide everything which in the case of...

        4. 4.The mayor shall furnish every polling station with such number...

        5. 5.All expenses of the election shall be defrayed in manner...

        6. 6.No return shall be made to the clerk of the...

      4. PART IV Enactments which are to revive on the Expiration of the Ballot Act.

    4. FOURTH SCHEDULE

      Fees and Remuneration.

    5. FIFTH SCHEDULE

      Payments out of the Borough Fund.

      1. PART I Payments which may be made without Order.

        1. 1.The remuneration (if any) of the mayor, of the recorder...

        2. 2.The remuneration and allowances certified by the Treasury to be...

        3. 3.The remuneration certified by the recorder to be due to...

      2. PART II Payments which may not be made without Order.

        1. 1.The expenses incurred by overseers, and by the town clerk...

        2. 2.The expenses incurred by the town clerk, in providing accommodation...

        3. 3.The expenses of providing, furnishing, maintaining, or improving the corporate...

        4. 4.The fees payable to the clerk of the peace if...

        5. 5.The payments to be made under this Act to or...

        6. 6.The costs and expenses payable by the corporation in respect...

        7. 7.All sums payable under this Act by the corporation of...

        8. 8.The expenses of and incidental to the division of a...

        9. 9.Such remuneration to the clerk to any commissioners for taxes...

        10. 10.The expenses of and relating to a charter of incorporation...

        11. 11.All expenses charged on the borough fund by any Act...

        12. 12.All other expenses, not by this Act otherwise provided for,...

    6. SIXTH SCHEDULE

      Counties to which certain Boroughs are to be considered adjoining for purposes of criminal trials.

    7. SEVENTH SCHEDULE

      Procedure for Scheme on Grant of New Charter.

      1. 1.The Committee of Council may, if they think fit, require...

      2. 2.The draft of a proposed scheme shall be published by...

      3. 3.Before settling the scheme the Committee of Council shall consider...

      4. 4.The scheme, when settled, shall, besides being published in the...

      5. 5.Where a scheme is submitted to Parliament for confirmation, the...

      6. 6.Before such Bill is introduced into Parliament the Committee of...

      7. 7.If while the Bill confirming a scheme is pending in...

      8. 8.A scheme shall come into operation at the date of...

      9. 9.The confirmation of a scheme shall be conclusive evidence that...

    8. EIGHTH SCHEDULE

      FORMS.

      1. PART I Declarations on accepting Office.

      2. PART II Forms relating to Elections.

      3. PART III Forms relating to Working Men's Dwellings.

      4. PART IV Forms relating to Borough Bridges.

    9. NINTH SCHEDULE

      Enactments in which a Reference to this Act is to be substituted.

      1. PART I General References.

      2. PART II Particular References.

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