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 Debate of the House


191. Municipal Corporations Act (1835)

Statues of the Realm, 5 & 6 Wm. IV. c.76.

IX ..... And be it enacted, That every Male Person of full Age who on the last Day of August in any Year shall have occupied any House, Warehouse, Counting-house, or Shop within any Borough during that Year and the whole of each of the Two preceding Years, and also during the Time of such Occupation shall have been an Inhabitant Householder within the said Borough, or within Seven Miles of the said Borough, shall, if duly enrolled in that Year according to the Provisions hereinafter contained, be a Burgess of such Borough and Member of the Body Corporate of the Mayor, Aldermen, and Burgesses of such Borough: Provided always, that no such Person shall be so enrolled in any Year, unless he shall have been rated in respect of such Premises so occupied by him within the Borough to all Rates made for the Relief of the Poor of the Parish wherein such Premises are situated during the Time of his Occupation as aforesaid, and unless he shall have paid on or before the last Day of August as aforesaid all such Rates, including therein all Borough Rates, if any, directed to be paid under the Provisions of this Act, as shall have bec'~me payable by him in respect of the said Premises, except such as shall become payable within Six Calendar Months next before the said last Day of August: Provided also, that the Premises in respect of the Occupation of which any Person shall have been 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 no Person being an Alien shall be so enrolled in any Year and that no Person shall be so enrolled in any Year who within Twelve Calendar Months next before the said last Day of August shall have received Parochial Relief or other Alms, or any Pension or charitable Allowance from any Fund in trusted to the charitable Trustees of such Borough herein-after mentioned: Provided that in every Case provided in this Act the Distance of Seven Miles shall be computed by the nearest public Road or Way by Land or Water .......

XIV. And whereas in divers Cities, Towns, and Boroughs a certain Custom hath prevailed, and certain Bye Laws have been made, that no Person, not being free 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 any or certain Wares or Merchandize by way of Retail or otherwise, or use any or certain Trades, Occupations. Mysteries, or Handicrafts for Hire, Gain, or Sale within the same; be it enacted, That notwithstanding any such Custom or Bye Law, every Person in any Borough may keep any Shop for the Sale of all lawful Wares and Merchandizes by Wholesale or Retail, and use every lawful Trade, Occupation. Mystery, and Handicraft, for Hire, Gain, Sale or otherwise, within any Borough ....

XXV. And be it enacted, That in every Borough shall be elected, at the Time and in the Manner herein-after mentioned, One fit Person, who shall be and be called 'The Mayor' of such Borough; and a certain Number of fit Persons, who shall be and be called 'Aldermen' of such Borough; and a certain Number of other fit Persons, who shall be and be called 'The Councillors' of such Borough; and such Mayor, Aldermen, and Councillors for the Time being shall be and be called 'The Council' of such Borough; and the Number of Persons so to be elected Councillors of such Borough shall be the Number of Persons in that Behalf mentioned in conjunction with the Name of such Borough in the Schedules (A.) and (B.) to this Act annexed; and the Number of Persons so to be elected Aldermen shall be One Third of the Number of Persons so to be elected Councillors; and on the Ninth Day of November in this present Year the Councillors first to be elected, under the Provisions of this Act, and on the Ninth Day of November in the Year One thousand eight hundred and thirty-eight, and in every Third succeeding Year, the Council for the Time being of every Borough shall elect from the Councillors, or from the Persons qualified to be Councillors, the Aldermen of such Borough, or so many as shall be needed to supply the Places of those who shall then go out of Office according to the Provisions herein-after contained; and that upon the Ninth Day of November in the Year One thousand eight hundred and thirty-eight, and in every Third succeeding Year, One Half of the Number appointed as aforesaid to be the Whole Number of the Aldermen of every Borough shall go out of Office; and the Councillors immediately after the first Election of Aldermen shall appoint who shall be the Aldermen who shall go out of Office in the Year One thousand eight hundred and thirty-eight, and thereafter those who shall go out of Office shall always be those who have been Aldermen for the longest Time without Re-election: Provided always, that any Aldermen so going out of Office may be forthwith re-elected, if then qualified as herein provided; provided also, that the Aldermen so going out of Office shall not be entitled to vote in the Election of a new Alderman .......


XXXI. And be it enacted, That upon the First Day of November One thousand eight hundred and thirty-six, and in every succeeding year, One Third Part of the Number appointed as aforesaid to be the whole Number of the Councillors of every Borough shall go out of Office; and in the said Year 1836 those who shall go out of Office shall be the Councillors who were elected under the Provisions of this Act by the smallest Number of Votes in this Present Year, and in the next Year 1837 those who shall go out of Office shall be the Councillors who were elected under the Provisions of this Act with the next smallest number of Votes in this Present Year ..................

LXXV. And whereas it may be expedient that the Powers now vested in the Trustees appointed under sundry Acts of Parliament for paving, lighting, cleansing, watching, regulating, supplying with Water, and improving certain Boroughs, or certain Parts thereof, should be transferred to and vested in the Councils of such Boroughs respectively; be it enacted, That the Trustees appointed by virtue of any such Act of Parliament as last aforesaid, wherein the Trustees, or the Persons whose Trustees they may be, are not beneficially interested, may, if it shall seem to them expedient, at a Meeting to be called for that Purpose, transfer in Writing under their Hands and Seals all the Powers vested in them as such Trustees by any such Act or Acts of Parliament as aforesaid to the said Body Corporate of such Borough and the said Body Corporate of such Borough shall thenceforth be Trustee for executing by the Council of such Borough the several Powers and Provisions of any such Act or Acts of Parliament, and the Members of the Council shall have the same Powers and be subject to the same Duties as if their Names had been originally inserted in such Act or Acts, or as if they had been elected under the Provisions of any such Act or Acts as such Trustees respectively: Provided always, that no such Transfer as aforesaid shall be made of the Powers vested by virtue of the Acts mentioned in Schedule (E.) which relate to the Town of Cambridge. without the Consent of the Chancellor, Masters, and Scholars of the University of Cambridge.


LXXVI. And be it enacted, That the Council to be elected for any Borough shall, immediately after their First Election, and so from Time to Time thereafter as they shall deem expedient, appoint, for such Time as they may think proper, a sufficient Number of their own Body, who, together with the Mayor of the Borough for the Time being, shall be and be called the Watch Committee for such Borough; and all the Powers herein-after given to such Committee may be executed by the Majority of those who shall be present at any Meeting of such Committee, the whole Number present at such Meeting being not less than Three; and such Watch Committee shall, within Three Weeks as Occasion shall require, appoint a sufficient Number of fit Men, who shall be sworn in before some Justice of the Peace having Jurisdiction within the Borough to act as Constables for preserving the Peace by Day and by Night, and preventing Robberies and other Felonies, and apprehending Offenders against the Peace; and the Men so sworn shall not only within such Borough, but also within the County in which such Borough or Part thereof shall be situated, and also within every County being within Seven Miles of any Part of such Borough, and also within all Liberties in any such County, have all such Powers and Privileges, and be liable to all such Duties and Responsibilities, as any Constable duly appointed now has or hereinafter may have within his Constablewick by virtue of the Common Law of this Realm, or of any Statutes made or to be made, and shall obey all such lawful Commands as they may from Time to Time receive from any of the Justices of the Peace having Jurisdiction within such Borough, or within any County in which they shall be called on to act as Constables, for conducting themselves in the Execution of their Office .........


XC. And be it enacted, That it shall be lawful for the Council of any Borough to make such Bye Laws as to them shall seem meet for the good Rule and Government of the Borough, and for Prevention and Suppression of all such Nuisances as are not already punishable in a summary Manner by virtue of any Act in force throughout such Borough, and to appoint by such Bye Laws such Fines as they shall deem necessary for the Prevention and Suppression of such Offences; provided that no Fine so to be appointed shall exceed the Sum of Five Pounds, and that no such Bye Law shall be made unless at least Two Thirds of the whole Number of the Council shall be present; provided that no such Bye Law shall be of any Force until the Expiration of Forty Days after the same or a Copy thereof shall have been sent, sealed with the Seal of the said Borough, to One of His Majesty's Principal Secretaries of State, and shall have been affixed on the outer Door of the Town Hall or in some other public Place within such Borough; and if at any Time within the said Period of Forty Days His Majesty, with the Advice of His Privy Council shall disallow the same Bye Law or any Part thereof, such Bye Law or the Part thereof disallowed shall not come into operation: Provided also, that it shall be lawful for His Majesty, if He shall think fit, at any Time within the said Period of Forty Days, to enlarge the Time within which such Bye Law, if disallowed, shall not come into force; and no such Bye Law shall in that Case come into force until after the Expiration of such enlarged time.