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MUNICIPAL CORPORATIONS. 



MUNICIPAL CORPORATIONS. 



an inhabitant householder within the borough or within seven 

 mild of it. He must be duly enrolled on the burgess-roll fur that 

 year; and to be entitled to enrolment, he must have been rated to 

 the relief of the poor during such time of occupancy for his premise* 

 within the borough, and must have paid on or before the last day of 

 August in that year all poor rates and all borough rates (if any) payable 

 by him in respect of such premises, except such as become payable 

 within six calendar months before the said last day of August. 11. 

 need not during the period in question have continued to occupy the 

 tame premises. Disqualifications are, being an alien, having been con- 

 victed of bribery, and having within twelve months next before tU. 

 said last day of August received any parochial relief, alms, or charitable 



It is the duty of the overseen of the poor to prepares list of the 

 burgesses every year, which is to be delivered on the 1st of September 

 (20 i '21 Viet. c. 50, s. 7) to the town clerk, who causes copies to be 

 printed and sold, and fixes a copy on the door of the town hall from 

 the 8th to the 15th of September. This affords on opportunity for ail 

 persons who claim to be inserted in the burgess-lists, if they find their 

 names omitted, to assert their rights, which must be done by giving 

 notice of their claim to the town clerk on or before the 15th of 

 September. In the same way, objections may be raised to names 

 supposed to be improperly inserted. Lists of the claims and objections 

 made are framed by the town clerk and fixed up on the door of the 

 town hall from the 23rd of September to the 1st of October. A court 

 for the revision of the burgess-lists is held by the mayor and two 

 borough assessors between the 1st and the 15th of October. The 

 claims and objections are heard, and upon the evidence given the 

 mayor inserts the names of those who establish their claim, and 

 expunges the names of those against whom an objection is successfully 

 maintained. Any other mistake, as the insertion of the name of a 

 dead person, may also on this occasion be corrected. The mayor's 

 decision as to the rejection of any name from the burgess-list is under 

 the control of the Queen's Bench ; and under 7 Will. IV. & 1 Viet. 

 c. 78, persons whose claims have been rejected, or whose names have 

 been expunged, may apply for a mandamus to have their names placed 

 on the burgess-roll. 



The burgess-lists, when revised, are reduced by the town clerk into 

 alphabetical order, and entered in a book, each name being numbered. 

 This book is the Bnryeu-roll ; it must be completed on or before the 

 Jiiiil i/f October, and every person whose name is found in this roll is 

 entitled to vote at elections of councillors, assessors, and auditors of 

 the borough from the following 1st of November until the 1st of 

 November in the succeeding year. 



Councillor*. On the 1st day of November in every year (or if it be 

 Sunday, then on the following day) an election of councillors takes 

 place. The number of councillors is various in different towns. When 

 a town is divided into wards, each ward elects its own councillors. 

 The qualifications for the office are these : The candidate must be on 

 the LurgesB-roll for the current year; and, in case the borough be 

 divided into four or more wards, he must be possessed of property to 

 the amount of 1000/., or rated to the poor of the borough upon an 

 annual value of not less than SO/. If the borough be divided into less 

 than four wards, it is sufficient if he be worth 5001, or rated to the 

 poor upon an annual value of not less than 151. No person in holy 

 orders nor regular dissenting minister can be elected, nor any one 

 holding any office in the gift of the council, except that of mayor ; nor 

 ono having any interest in any contract or employment with, by, 

 or on behalf of the council. Conviction of bribery at a municipal 

 election also constitutes a disqualification. The recorder of the borough 

 is prohibited from being a member of the council. One-third of the 

 whole number of councillors go out of office every year, according to 

 seniority of election, so that the office is held by each councillor for 

 tliree years. 



Alitrrmcn. The number of aldermen is one-third of the number of 

 councillors. One half of the whole number of aldermen go out of 

 office every third year, being those aldermen who have held the office 

 for the longest time without re-election. The places of the outgoing 

 aldermen are supplied by the council, who, on the Dth day of November, 

 elect the necessary number of persons from the council or from amongst 

 the burgeMes who are qualified to -be councillors. An outgoing alder- 

 man may be re-elected. Every alderman may be called upon once in 

 three years, upon the requisition of any two members of the council, 

 to make and subscribe a declaration that he is qualified to the same 

 amount in real or personal estate, or both, an the amount mentioned in 

 the declaration originally made by him. 



In case of the death of the mayor, or his incapacity to attend to his 

 duties, one of the aldermen may be temporarily chosen by the council 

 to supply hia place. Aldermen are also chosen by the councillors in 

 each ward to preside at ward elections. Every alderman is a member 

 the council during his tenure of office. In other respect* the 

 funcUomi of the alderman do not differ materially from those of the 

 councillor. 



-tfajror. The mayor is elected on the Oth day of November in 

 every year, Vy the council, out of their own body, consisting, as we 

 have seen, of aldermen and councillors. The outgoing mayor may be 

 re-elected. In case of a vacancy occurring during the year, a new 

 mayor must within ten days be elected, who holds office for the 



remainder of the current year. The council may award tin- in 

 allowance or salary. The mayor takes precedence in all places within 

 the borough, and during his year of office and the succeeding year is a 

 justice of the peace. He presides at all meetings of the council, and 

 may call meetings as often as he pleases. He may appoint an alderman 

 or councillor to act as his deputy during his illness or absence, \\ lii.'li 

 deputy, however, cannot ex officio act as a justice of the peace, nor 

 preside at any meeting of the council unless appointed by the meeting 

 to do so. 



.1 <"ltiurt. Two auditors for the borough are elected by the burgesses 

 on the 1st of March in each year. The mayor also nominates one 

 auditor on the same day. The elective auditors are elected from JX.T- 

 sons qualified to be councillors ; the mayor's auditor must be a member 

 of the council. The duties of these officers are to examine and .unlit 

 the borough accounts half-yearly. 



Astestori. Two assessors for the borough are elected by the burgesses 

 on the 1st of March in every year, whose duty it is to assist the 

 in the revision of the burgess- lists. If the town be divided into 

 two assessors are also annually elected for each to preside with the 

 alderman of the ward at ward elections. 



Toicn Clerk. This important officer is appointed by the council, ami 

 holds his office during pleasure. The council may award him a 

 and he must not be a member of the council. He may be, and in fact 

 usually is, an attorney. All the charters, deeds, muniments, and i 

 of the borough, or relating to the property thereof, are placed in his 

 charge and custody, under the control and direction of the council. 



Treasurer. This officer is also appointed by the council, and holds 

 office during pleasure. He may receive a salary, and must not 1 >c a 

 member of the council. The offices of town clerk and treasurer cannot 

 be united in one person. The treasurer keeps the borough atv 

 and makes and receives all payments from or to the borough fund. 



Other Officer!. The council also appoints a clerk of the peace, ami .1 

 borough coroner in boroughs having a separate court of quarter 

 sessions ; and they may also appoint such other officers as have been 

 usually appointed in the borough, or as they shall think necessary. 

 The offices of recorder, borough justices, and police magistrates, \\ -hen 

 such are required, are in the appointment of the crown. 



Declarations and Oaths. Under the statute 9 Geo. IV., c. 17. 

 person elected to the office of mayor, alderman, town clerk, or common 

 councilman, or to any office of magistracy, or place of trust or eiu]'l\ - 

 ment relating to the government of any city, corporation, borough, 

 or cinque port within England and Wales or Bcrwick-upon-Twecil, 

 must, one calendar month before or upon his admission to office, make 

 and subscribe this declaration : 



" I, A. B., do. solemnly and sincerely, in the presence of Qod, profess, 

 testify, and declare, upon the true faith of a Christian, that 1 will never 

 exercise any power, authority, or influence which I may possess by 



virtue of the office of to injure or weaken the Protestant 



Church as it is by law established in England, or to disturb the said 

 Church, or the bishops and clergy of the said Church, in the possession 

 of any rights or privileges to which such Church, or the said bishops 

 and clergy, are or may by law be entitled." 



The statutes 142 Viet. c. 5, 1 & 2 Viet. c. 15, and 8 & 9 Viet. c. 52, 

 by a slight alteration of this declaration (omitting the words " upon the 

 true faith of a Christian "), have adapted it to the scruples or n i 

 differences of Quakers, Moravians, Separatists, and Jews, so thai 

 bers of all these persuasions can be elected to municipal oil. 

 common with their fellow-citizens. 



No person elected mayor, alderman, councillor, auditor, or assessor 

 for a borough can act as such without first mat. 



two or more aldermen or councillors, to the effect that he will faith- 

 fully fulfil the duties of his office according to the best of lii.s j u< i 

 and ability, and that he is possessed of the amount of property r< 

 as a qualification, over and above what will satisfy all his debt 

 person duly elected to the office of n . councillor. 



auditor, or assessor, is bound either to accept office or to pay a line to 

 the borough, not exceeding 1002. in the cane of mayor and ;>/. in that 

 of the other offices mentioned, as the council by bye-law shall declare* 

 Lunacy, imbecility, deafness, blindness, or other permanent iulii 

 of I imly ore valid grounds for exemption from serving and from the tine. 

 Military, marine, and naval officers of her Majesty on full pay are also 

 exempt, and any person above the age of 65 years, or who has already 

 served or paid a fine for non-acceptance of office within five year 

 the time of re-election, may claim exemption, provided they make their 

 claim within five days after receiving notice of their election. 



limn and Duliet. All acts of the corporate body are ratified by 

 the annexation of the common seal, which expresses the assent of tin- 

 whole body. The council, consisting of the mayor, aldermen, and 

 councillors, is the acting organ of the general body, and the business of 

 the borough is transacted at its meetings, general and special. Under 

 the Municipal Corporation Act, three clear days' notice of 

 meeting, signed by the mayor,' must be fixed on or near the door of 

 the town hall. In case of the death, resignation, or removal of the 

 mayor, the town clerk must sign the notice of the meeting to be con- 

 vrili-d in order to fill the vacant place of mayor. Quarterly me- 

 for the transaction of general business are appointed to be IK 1<1. 

 noon on the 9th of November (or the next day if that be Sumla;, 

 'the other three upon such days as the council shall at that meeting 



