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have attempted to explain to the House the general principle of the Bill; I will leave it to be divided upon with reference to its general merits; I will leave it to the judgment of the people of England to decide whether it is a safe, efficient, and wholesome measure of Corporation Reform. I now beg leave to move for leave to bring in a Bill for the better Regulation of Municipal Corporations in England and Wales.

MUNICIPAL CORPORATIONS.

HEADS

OF

A BILL to provide for the Regulation of Municipal Corporations in England and Wales.

SESSION 1835- -5 June.

THE Bill is entitled, "A Bill to provide for the Regulation of Municipal Corporations in England and Wales." "It recites, that 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; but that, partly by defects 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 Government; and first it enacts the Repeal of all Acts, Charters, and Customs inconsistent with the Bill.

The Bill commences with the usual Interpretation Clause, defining the construction of certain terms. It then provides as follows:

1. That after the first Election of Councillors, the Body Corporate shall take and bear the name of "The Mayor and Burgesses of" (City and Borough), and be constituted a CORPORATION.

2. That the Boundaries of certain Cities and Boroughs, in certain sections of Schedules (A) and (B) of the Bill, shall be the Boundaries settled by the Parliamentary Boundary Act, 2 & 3 William 4, c. 64; and that the Boundaries of certain other sections in the said Schedules shall be settled by the King in Council, determined by a Commission.

3. That the MUNICIPAL CONSTITUENCY shall be Occupiers of Houses, Warehouses, Counting-houses or Shops rated for three years to the relief of the Poor of the Borough, and who have paid all rates due for six months before the revision, and who shall be entitled to be BURGESSES, excluding all who, within Twelve Months of Registration, shall have received parochial relief or other alms, or any pension or charitable allowance from any fund entrusted to the Charitable Trustees of such Borough thereinafter mentioned; and that all occupiers whose Landlords are rated or rateable to the Poor may claim to be rated, as in the English Reform Bill; and any person coming to inhabit, after the rate for the current year is made, may claim to be put upon it.

4. That Burgesses who cease to be occupiers within the Borough, or neglect to pay their Rates, shall be omitted from the Burgess Roll; but within two years may be restored at the next revision of the Burgess Roll; and that after the passing of the Act no Person shall be elected, admitted, or enrolled a Citizen, Freeman, Liveryman or Burgess, or by any name, a Member of any Body Corporate, in respect of any right or title other than that of being a settled ratepayer within such Borough, according to the meaning and provisions of the Bill.

5. That Burgesses shall not have individual benefit from Common Lands and Public Stock, &c. who were not entitled thereunto before the passing of the Act.

6. That all exclusive rights of trading shall be abolished.

7. That Overseers make out Alphabetical Lists of Persons entitled to vote by certain forms; that persons omitted in the Lists may give notice of Claim, and Lists of Claimants and Persons objected to, to be published; power to the Mayor to revise the Lists, and, upon due proof, to insert and expunge Names, with certain powers to rectify mistakes in the Lists; publication of the Lists provided for as in the Reform Bill, and all expenses of Registration and Lists to be defrayed out of the Borough Fund.

8. That a MAYOR and TOWN COUNCIL be chosen in every Borough; the Mayor to be elected by the Council; the Councillors to be chosen by the Burgesses on the Twenty-fifth day of October next; One-third of the Council to go out of office annually; any ex-Councillor to be capable of re-election.

9. The larger class of Towns (those with a Population of 25,000) to be divided into Wards; the mode of voting to be by ticket or voting paper, containing the Christian Names and Surnames of the Persons for whom each Burgess votes, with their respective places of abode and description, signed by the Burgess; all Elections to be concluded in one day, and Polling Booths in the discretion of the Mayor; no inquiry of the Voter, except as to his identity, and whether he has voted before at the same Election; the Register to be final.

10. ALL EXISTING MAYORS, AND ALDERMEN, AND COUNCILS, TO GO OUT OF OFFICE ON ELECTION OF NEW COUNCILS UNDER THE ACT.

11. MAYOR to be annually elected by the Council.

12. No Qualification for Mayor, Council, or other Municipal Officers, other than that of Burgess; Fines for refusal of Office; any public Officer becoming Bankrupt, or declared insolvent, to vacate office.

13. The Mayor to be a Justice of the Peace for the Borough and for the County, and to act as Returning Officer at Elections of Members to serve in Parliament during the term of his Mayoralty.

14. Power to the TOWN COUNCIL to appoint Town Clerk, Treasurer, and other Officers; to take security for due discharge of their official duties, and to determine Salaries.

15. Treasurers to pay no money but by order in writing of a quorum of the TOWN COUNCIL, countersigned by Town Clerk, with summary powers against Officers for not accounting.

16. TOWN COUNCILS of Cities and Towns which are Counties, to name a Sheriff; and in certain Boroughs to appoint a Coroner.

17. Town Clerks and Officers removed under the provisions of the Act, to receive compensation, if they can agree the same with the Town Councils; in case of non-agreement, the Lords of the Treasury to determine Amount.

18. Town COUNCILS to nominate Sub-Committees.

19. All Licenses of Publicans and Victuallers to be granted by TOWN COUNCILS.

20. TOWN COUNCILS to appoint CHARITABLE TRUSTEES to administer all Charity Funds vested in Municipal Corporations; such Trustees to appoint a Secretary and Treasurer.

21. TOWN COUNCILS to be Trustees of all acts of which Corporators are ex officio Trustees.

22. A Police Committee to consist of Mayor and Councilmen; such Committee to appoint Constables for the Borough; Constables to be for the County as well as Borough; powers of Constables defined.

23. Borough Magistrates to appoint annually a certain number of Persons to act as Special Constables in case of need, to be called out on Warrant of Magistrates when they shall deem ordinary Police insufficient.

24. Limited powers of Rate for Municipal purposes; all Corporate Property and all Fines to be received on account of Borough Fund.

25. Power of Bye Laws vested in the TOWN COUNCIL.

26. Burgesses annually to choose Two Auditors, (not to be Members of Council, nor to be Town Clerk, Treasurer, or Charitable Trustee,) and Mayor to choose a third; the Three, half-yearly, to examine and audit Borough accounts; all Accounts to be annually published.

27. TOWN COUNCIL of certain Boroughs to nominate Persons for a Commission of Justices of the Peace, such Commission to be confirmed by the Crown; and any TOWN COUNCILS petitioning for stipendiary Magistrates, the Crown to appoint such.

28. Recorders (Baristers-at-Law of five years' standing) to be appointed by the Crown in certain Boroughs, if TOWN COUNCILS petition for Quarter-Sessions; with powers to such Recorders to act for more than one Borough. Recorder not to be Councillor or Police Magistrate; Recorder to be sole Judge; in his absence the Mayor, &c.

29. All Capital Jurisdiction abolished, and Criminal Jurisdiction limited to that of Quarter-Sessions.

30. County Justices of the Peace to have jurisdiction in all Boroughs which have not a separate Court of Sessions of the Peace under the Act, with provisions as to County Rates, and apportionment of the expenses of prosecutions at the Assizes and County Quarter-Sessions.

31. Civil Jurisdiction extended in some Boroughs, and generally regulated.

32. Burgesses to be Jurors.

33. Fees regulated, and Tables to be published.

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 defects 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 government: Be it therefore enacted, by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by 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 schedules (A) and (B) to this Act annexed, or to the inhabitants thereof, or to the several bodies or reputed bodies corporate named in the said 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 annulled.

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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 schedules (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 construed to mean citizen in the case of a city; and the word "county" shall be construed to mean county, riding, or division; and the word trustees" shall be construed to mean trustees, commissioners or directors, or the persons charged with the execution of a trust, by whatever name they are designated; and the word "parish" shall 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 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, common clerk, &c. ;" and in 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 something 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.

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