SCHEDULES.

FIRST SCHEDULEEnactments repealed.

PART IEnactments repealed generally.

PART IIEnactments repealed only as to Boroughs within this Act.

SECOND SCHEDULEMeetings and Proceedings of Council.

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

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

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

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

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

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

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

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

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

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

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

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

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

THIRD SCHEDULEElections.

PART IPreparation and Revision of Parish Burgess Lists in Boroughs not Parliamentary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART IIRules as to Nomination in Elections of Councillors.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART IIIModifications of the Ballot Act in its Application to Municipal Elections.

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

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

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

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

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

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

PART IVEnactments which are to revive on the Expiration of the Ballot Act.

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

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

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

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

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

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

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

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

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

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

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

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

FOURTH SCHEDULEFees and Remuneration.

The following fees and remuneration shall be payable :—

FIFTH SCHEDULEPayments out of the Borough Fund.

PART IPayments which may be made without Order.

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

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

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

PART IIPayments which may not be made without Order.

1The [13 & 14 Vict. c. 42. s. 3.] expenses incurred by overseers, and by the town clerk and other municipal authorities, in relation to the enrolment of burgesses and the holding of municipal elections, or so much of those expenses as is not otherwise provided for under section thirty of the [41 & 42 Vict. c. 26.] Parliamentary and Municipal Registration Act, 1878.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Berwick-upon-Tweed

• Bristol

• Chester

• Exeter

• Kingston-upon-Hull

• Newcastle-upon-Tyne

• Northumberland.

• Gloucestershire.

• Cheshire.

• Devonshire.

• Yorkshire.

• Northumberland.

SEVENTH SCHEDULEProcedure for Scheme on Grant of New Charter.

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

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

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

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

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

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

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

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

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

EIGHTH SCHEDULEFORMS.

PART IDeclarations on accepting Office.

PART IIForms relating to Elections.

PART IIIForms relating to Working Men's Dwellings.

PART IVForms relating to Borough Bridges.

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

PART IGeneral References.

• 2 & 3 Vict. c. 93.—An Act for the establishment of county and district constables by the authority of justices of the peace (section 24).

• 5 & 6 Vict. c. 109.—An Act for the appointment of parish constables (section 21).

• 9 & 10 Vict. c. 74.—An Act to encourage the establishment of public baths and wash-houses (section 1).

• 10 & 11 Vict. c. 62.—An Act for the establishment of naval prisons, and for the prevention of desertion from Her Majesty's navy, (section 13).

• 12 & 13 Vict. c. 35.—An Act for requiring annual returns of the expenditure on highways in England and Wales to be transmitted to the Secretary of State, and afterwards laid before Parliament (section 2).

• 12 & 13 Vict. c. 82.—An Act to relieve boroughs, in certain cases, from contribution to certain descriptions of county expenditure.

• 13 & 14 Vict. c. 20.—An Act to amend an Act of the fifth and sixth years of Her present Majesty for the appointment and payment of parish constables (section 7).

• 13 & 14 Vict. c. 105.—An Act for facilitating the union of liberties with the counties in which they are situate (section 10).

• 14 & 15 Vict. c. 28.—An Act for the well-ordering of common lodging-houses (section 2).

• 14 & 15 Vict. c. 34.—An Act to encourage the establishment of lodging-houses for the labouring classes (section 2).

• 16 & 17 Vict. c. 73.—An Act for the establishment of a body of naval coast volunteers, and for the temporary transfer to the navy, in case of need of seafaring men employed in other public services (section 24).

• 16 & 17 Vict. c. 97.—The Lunatic Asylums Act, 1853 (section 9).

• 17 & 18 Vict. c. 71.—An Act to amend the law concerning the making of borough rates in boroughs not within the Municipal Corporation Acts.

• 17 & 18 Vict. c. 97.—An Act to make further provision for the burial of the dead in England beyond the limits of the metropolis (section 3).

• 17 & 18 Vict. c. 105.—The Militia Law Amendment Act, 1854 (section 11).

• 18 & 19 Vict. c. 57.—An Act further to amend the laws relating to the militia in England (section 7).

• 18 & 19 Vict. c. 121.—The Nuisances Removal Act for England, 1855.

• 19 & 20 Vict. c. 69.—An Act to render more effectual the police in countie and boroughs in England and Wales.

• 20 & 21 Vict. c. 81.—An Act to amend the Burial Acts.

• 22 & 23 Vict. c. 40.—An Act for the establishment of a reserve volunteer force of seamen, and for the government of the same (section 25).

• 23 & 24 Vict. c. 68.—An Act for the better management and control of the highways in South Wales.

• 25 & 26 Vict. c. 61.—An Act for the better management of highways in England.

• 26 & 27 Vict. c. 13.—An Act for the protection of certain garden or ornamental grounds in cities and boroughs.

• 26 & 27 Vict. c. 97.—The Stipendiary Magistrates Act, 1863 (section 2).

• 28 & 29 Vict. c. 126.—The Prison Act, 1865 (section 4).

• 30 & 31 Vict. c. 102.—The Representation of the People Act, 1867.

• 31 & 32 Vict. c. 22.—The Petty Sessions and Lock-up House Act, 1868 (section 3).

• 31 & 32 Vict. c. 46.—The Boundary Act, 1868 (First Schedule).

• 31 & 32 Vict. c. 58.—The Parliamentary Electors Registration Act, 1868.

• 31 & 32 Vict. c. 125.—The - Parliamentary Elections Act, 1868 (sections 43 and 45).

• 31 & 32 Vict. c. 130.—The Artizans and Labourers Dwellings Act, 1868 (section 3).

• 33 & 34 Vict. c. 75.—The Elementary Education Act, 1870 (section 3).

• 33 & 34 Vict. c. 78.—The Tramways Act, 1870 (Schedule A).

• 34 & 35 Vict c. 56.—The Dogs Act, 1871 (Schedule).

• 34 & 35 Vict. c. 105.—The Petroleum Act, 1871 (section 2).

• 35 & 36 Vict. c. 38.—The Infant Life Protection Act, 1872 (First Schedule).

• 35 & 36 Vict. c. 91.—An Act to authorize the application of funds of municipal corporations and other governing bodies in certain cases.

• 38 & 39 Vict. c. 17—The Explosives Act, 1875 (section 108).

• 38 & 39 Vict. c. 55.—The Public Health Act, 1875 (section 4).

• 38 & 39 Vict. c. 83.—The Local Loans Act, 1875 (section 34).

• 39 & 40 Vict. c. 56.—The Commons Act, 1876 (section 37).

• 40 & 41 Vict. c. 21.—The Prison Act, 1877 (section 59).

• 41 & 42 Vict. c. 49.—The Weights and Measures Act, 1878 (Fourth Schedule).

• 41 & 42 Vict. c. 74.—The Contagious Diseases (Animals) Act, 1878 (sections 7 and 66).

• 41 & 42 Vict. c. 77.—The Highways and Locomotives (Amendment) Act, 1878 (section 38)

PART IIParticular References.

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

  • In section 24, for Schedule C. to the Municipal Corporations Act, 1835, the Sixth Schedule to this Act.

• 33 & 34 Vict. c. 91—The Clerical Disabilities Act, 1870 :

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