Municipal Corporations Act 1882
| Act of Parliament | |
 | |
| Long title | An Act for consolidating, with Amendments, enactments relating to Municipal Corporations in England and Wales. |
|---|---|
| Citation | 45 & 46 Vict. c. 50 |
| Introduced by | J. T. Hibbert MP (Commons) |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 18 August 1882 |
| Commencement | 1 January 1883[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
Status: Amended | |
| History of passage through Parliament | |
| Records of Parliamentary debate relating to the statute from Hansard | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Municipal Corporations Act 1882 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Municipal Corporations Act 1882 (45 & 46 Vict. c. 50) is an act of the Parliament of the United Kingdom that replaced existing legislation governing municipal boroughs in England and Wales, and gave the corporations powers to make bylaws and to acquire land and buildings.[1] Municipal boroughs continued to be regulated by the act until their abolition in 1974. Parts of the act are still in operation. Sections 190 to 194 were amongst the enactments cited as the Police Acts 1839 to 1893.[2]
Passage
[edit]Leave to bring in the Municipal Corporations Bill to the House of Commons was granted to the Parliamentary Secretary to the Local Government Board, J. T. Hibbert MP and the Home Secretary, Sir William Harcourt MP on 13 February 1882.[3] The bill had its first reading in the House of Commons on 13 February 1882, presented by the Parliamentary Secretary to the Local Government Board, J. T. Hibbert MP.[3] The bill had its second reading in the House of Commons on 2 March 1882 and was committed to a committee of the whole house,[3] which met and reported on 28 March 1882, with amendments.[3] The amended bill was re-committed to a committee of the whole house,[3] which met on 2 May 1882, 5 May 1882 and 9 May 1882 and reported on 1 August 1882, with amendments.[3] The amended bill was considered on 1 August 1882, with amendments.[3] The amended bill had its third reading in the House of Commons on 1 August 1882 and passed, without amendments.[3]
The bill had its first reading in the House of Lords on 1 August 1882.[4] The bill had its second reading in the House of Lords on 7 August 1882 and was committed to a committee of the whole house,[4] which met on 10 August 1882 and reported on 11 August 1882, with amendments.[4] The amended bill had its third reading in the House of Lords on 14 August 1882 and passed, with amendments.[4]
The amended bill was considered and agreed to by the House of Commons on 14 August 1882.[3]
The bill was granted royal assent on 18 August 1882.[4]
Provisions
[edit]Charters and schemes
[edit]Section 210 of the act allowed inhabitant householders of a town to petition the privy council seeking a charter of incorporation as a borough.[5] Where the petition was successful, a committee of the privy council drew up a "scheme" which described in detail the area of the borough, and the property, powers and duties transferred from existing local authorities such as local boards, sanitary authorities or highway boards, by section 213 of the act.[5] The scheme, together with the charter, described the date of first elections, appointed a returning officer and divided the borough into wards. If one twentieth of the owners or rate payers of the proposed borough objected to the scheme, a local act of parliament had to be passed to bring the borough into existence, by section 213 of the act.[5]
Bylaws
[edit]Section 23 of the act empowered boroughs to make bylaws "as to them seem meet for the good rule and government of the Borough, and for the prevention and suppression of nuisances not already punishable in a summary manner by virtue of any act in force throughout the Borough, and may thereby appoint such fines, not exceeding in any case £5, as they may deem necessary for prevention and suppression of offences against the same".[5] Such bylaws gave considerable power to the borough corporation to exert control over various activities and nuisances. Many bylaws made under the 1882 act are still in force, the powers conferred by them now being exercised by the modern local authorities that replaced the municipal boroughs under local government reorganisation.
Buildings and land
[edit]Section 105 of the act allowed corporations to acquire land and buildings for the administration of the borough.[5] Section 106 of the act provided that money could be borrowed to construct town halls, council houses, police stations, judges' lodgings and other buildings required for the conduct of the corporation's business.[5] Section 108 of the act provided that the maximum term allowed for repayment of such a loan was 30 years, boroughs needing to obtain private acts of parliament to extend the payment period.[5] Section 108 of the act also provided that the corporation could not dispose of land or buildings without the permission of the Local Government Board.[5]
Repealed enactments
[edit]The act incorporated the various amendments to the Municipal Corporations Act 1835 (5 & 6 Will. 4. c. 76) and several other pieces of legislation, including the Municipal Franchise Act 1869 (32 & 33 Vict. c. 55), which gave the vote to women ratepayers, and the Corrupt Practices (Municipal Elections) Act 1872 (35 & 36 Vict. c. 60).[5]
Section 5 of the act repealed 69 enactments, listed in the first schedule to the act, subject to the exceptions and qualifications in the act.[5]
| Citation | Short Title | Title | Extent of repeal |
|---|---|---|---|
| 5 & 6 Will. 4. c. 76 | Municipal Corporations Act 1835 | The Municipal Corporations Act, 1835. | The whole act. |
| 6 & 7 Will. 4. c. 77 | Ecclesiastical Commissioners Act 1836 | An Act for carrying into effect the reports of the Commissioners appointed to consider the state of the Established Church in England and Wales, with reference to ecclesiastical duties and revenues, so far as they relate to episcopal dioceses, revenues, and patronage. | Section twenty-six. |
| 6 & 7 Will. 4. c. 103 | Berwick-on-Tweed Act 1836 | The Municipal Corporation (Boundaries) Act, 1836. | Except section six (Berwick). |
| 6 & 7 Will. 4. c. 104 | Borough Fund in Certain Boroughs Act 1836 | The Municipal Corporation (Borough Fund) Act, 1836. | The whole act. |
| 6 & 7 Will. 4. c. 105 | Administration of Justice in Certain Boroughs Act 1836 | The Municipal Corporation (Justices, &c.) Act, 1836. | The whole act. |
| 7 Will. 4 & 1 Vict. c. 78 | Municipal Corporations (England) Act 1837 | The Municipal Corporation (General) Act, 1837. | The whole act. |
| 7 Will. 4 & 1 Vict. c. 81 | Municipal Rates Act 1837 | The Municipal Corporation (Watch Rate) Act, 1837. | The whole act. |
| 1 & 2 Vict. c. 31 | Sale of Church Patronages Belonging to Municipal Corporations Act 1838 | The Municipal Corporation (Benefits) Act, 1838. | The whole act. |
| 1 & 2 Vict. c. 35 | Parliamentary Boroughs (England), Stamp Duty Act 1838 | An Act to repeal the stamp duty now paid on admission to the freedom of corporations in England. | The whole act. |
| 2 & 3 Vict. c. 27 | Borough Courts (England) Act 1839 | The Municipal Corporation (Borough Courts) Act, 1839. | The whole act. |
| 2 & 3 Vict. c. 28 | Borough Watch Rates Act 1839 | The Municipal Corporation (Watch Rate) Act, 1839. | The whole act. |
| 3 & 4 Vict. c. 28 | Watch Rates in Boroughs Act 1840 | The Municipal Corporation (Watch Rate) Act, 1840. | The whole act. |
| 4 & 5 Vict. c. 48 | Municipal Corporations, Poor Rates Act 1841 | An Act to render certain municipal corporations rateable to the relief of the poor in certain cases. | The whole act. |
| 6 & 7 Vict. c. 89 | Municipal Corporations (England) Act 1843 | The Municipal Corporation Act, 1843. | The whole act. |
| 8 & 9 Vict. c. 110 | Borough and Watch Rates Act 1845 | The Municipal Corporation (Rates) Act, 1845. | The whole act. |
| 11 & 12 Vict. c. 93 | Incorporation of Boroughs Act 1848 | An Act to confirm the incorporation of certain boroughs. | The whole act. |
| 12 & 13 Vict. c. 65 | County Rates within Boroughs Act 1849 | An Act to provide a more convenient mode of levying and collecting county rates, county police rates, and district police rates, in parishes situated partly within and partly without the limits of boroughs which are not liable to such rates. | The whole act. |
| 12 & 13 Vict. c. 82 | Boroughs, Relief from County Expenditure Act 1849 | An Act to relieve boroughs in certain cases from contribution to certain descriptions of county expenditure. | Section one. |
| 13 & 14 Vict. c. 42 | Incorporation of Boroughs Act 1850 | The Municipal Corporation (Incorporation) Act, 1850. | The whole act. |
| 13 & 14 Vict. c. 64 | Bridges Act 1850 | The Municipal Corporation (Bridges) Act, 1850. | The whole act. |
| 13 & 14 Vict. c. 91 | Borough Justices Act 1850 | The Municipal Corporation (Justices) Act, 1850. | Section nine. |
| 13 & 14 Vict. c. 101 | Poor Law Amendment Act 1850 | An Act to continue two Acts passed in the twelfth and thirteenth years of the reign of Her Majesty, for charging the maintenance of certain poor persons in unions in England and Wales upon the common fund; and to make certain amendments in the law for the relief of the poor. | Section ten. |
| 15 & 16 Vict. c. 81 | County Rates Act 1852 | An Act to consolidate and amend the statutes relating to the assessment and collection of county rates in England and Wales. | Section thirty-eight. |
| 16 & 17 Vict. c. 79 | Municipal Corporation Act 1853 | The Municipal Corporation Act, 1853. | The whole act. |
| 16 & 17 Vict. c. 137 | Charitable Trusts Act 1853 | The Charitable Trusts Act, 1853. | Section sixty-five. |
| 20 & 21 Vict. c. 50 | Municipal Corporations Act 1857 | The Municipal Corporation Act, 1857. | The whole act. |
| 21 & 22 Vict. c. 43 | Municipal Franchise Act 1858 | An Act to amend the municipal franchise in certain cases. | The whole act. |
| 22 & 23 Vict. c. 35 | Municipal Corporation Act 1859 | The Municipal Corporation Act, 1859. | The whole act. |
| 22 & 23 Vict. c. 32 | County and Borough Police Act 1859 | An Act to amend the law concerning the police in counties and boroughs in England and Wales. | ssections five and six. |
| 24 & 25 Vict. c. 75 | Municipal Corporations Act Amendment Act 1861 | The Municipal Corporations Acts Amendment Act, 1861. | The whole act. |
| 31 & 32 Vict. c. 41 | Borough Electors Act 1868 | The Borough Electors Act, 1868. | The whole act. |
| 32 & 33 Vict. c. 23 | Municipal Corporation (Recorders) Act 1869 | The Municipal Corporation (Recorders) Act, 1869. | The whole act. |
| 32 & 33 Vict. c. 55 | Municipal Corporation (Elections) Act 1869 | The Municipal Corporation (Elections) Act, 1869. | The whole act. |
| 32 & 33 Vict. c. 62 | Debtors Act 1869 | The Debtors Act, 1869. | Section twenty-one. |
| 34 & 35 Vict. c. 67 | Municipal Corporations Act 1859 Amendment Act | The Municipal Corporations Act, 1869, Amendment Act. | The whole act. |
| 35 & 36 Vict. c. 33 | Ballot Act 1872 | The Ballot Act, 1872. | Sections twenty and twenty-one. |
| 35 & 36 Vict. c. 60 | Corrupt Practices (Municipal Elections) Act 1872 | The Corrupt Practices (Municipal Elections) Act, 1872. | The whole act. |
| 36 & 37 Vict. c. 33 | Municipal Corporations Evidence Act 1873 | The Municipal Corporations Evidence Act, 1873. | The whole act. |
| 37 & 38 Vict. c. 59 | Working Men's Dwellings Act 1874 | The Working Men's Dwellings Act, 1874. | The whole act. |
| 38 & 39 Vict. c. 40 | Municipal Elections Act 1875 | The Municipal Elections Act, 1875. | The whole act. |
| 39 & 40 Vict. c. 61 | Divided Parishes and Poor Law Amendment Act 1876 | The Divided Parishes and Poor Law Amendment Act, 1876. | section thirty. |
| 40 & 41 Vict. c. 69 | Municipal Corporations (New Charters) Act 1877 | The Municipal Corporations (New Charters) Act, 1877. | The whole act. |
| 41 & 42 Vict. c. 26 | Parliamentary and Municipal Registration Act 1878 | The Parliamentary and Municipal Registration Act, 1878. | Sections twenty, thirty-four, and forty-one. |
| Citation | Short Title | Title | Extent of repeal |
|---|---|---|---|
| 3 Edw. 1. c. 6 | Amercements | The Statutes of Westminster, the first. Amerciaments shall be reasonable. | As far as it relates to a city, borough, or town. |
| 3 Edw. 1. c. 31 | Tolls in markets and murage | The Statutes of Westminster, the first. Excessive toll in market town. Murder. | From "Touching citizens" to "the King," inclusive. |
| 15 Rich. 2. c. 5 | Mortmain Act 1391 | St. 7 Edw. 1. de Religiosis. Converting land to a churchyard declared to be within that statute. Mortmain, where any is seised of lands to the use of spiritual persons. Mortmain to purchase lands in gild, fraternities, offices, commonalties; or to their use. | As far as it relates to mayors, bailiffs, and commonns of cities, boroughs, and other towns which have a perpetual commonalty. |
| 2 & 3 Phil. & Mary. c. 18 | Commissioners of Peace in Boroughs Act 1555 | An Act touching commissions of the peace and gaol delivery in towns corporate not being counties in themselves. | The whole act. |
| 7 Jas. 1. c. 5 | Public Officers Protection Act 1609 | An Act for ease in pleading against troublesome and contentious suites presented against justices of the peace, mayors, constables, and certain other His Majesties officers for the lawful execution of their office. | as far as it relates to mayors of cities or towns corporate. |
| 21 Jas. 1. c. 12 | Public Officers Protection Act 1623 | An Acte for ease in pleading against troublesome and contentious suites. | Section three, so far as it relates to mayors of cities or towns corporate. |
| 11 Geo. 1. c. 4 | Municipal Elections Act 1724 | An Act for preventing the inconvenience arising from want of elections of mayors or other chief magistrates of boroughs or corporations being made upon days appointed by charter or usage for that purpose, and directing in what manner such elections shall be afterwards made. | The whole act. |
| 12 Geo. 3. c. 21 | Municipal Corporations (Mandamus) Act 1772 | An Act for regulating the proceedings upon writ of mandamus for the admission of freemen into corporations and for other purposes therein mentioned. | The whole act. |
| 32 Geo. 3. c. 58 | Information in Nature of Quo Warranto Act 1792 | An Act for the amendment of the law in proceedings upon information for mandamus. | The whole act. |
| 55 Geo. 3. c. 51 | County Rates Act 1815 | An Act to amend an Act of His late Majesty King George the Second, for the more easy assessing, collecting, and levying of county rates. | The whole act. |
| 57 Geo. 3. c. 91 | Clerks of the Peace (Fees) Act 1817 | An Act to enable justices of the peace to settle the fees to be taken by clerks of the peace of the respective counties and other divisions of England and Wales. | The whole act. |
| 2 & 3 Will. 4. c. 69 | Corporate Property (Elections) Act 1832 | An Act to prevent the application of corporate property to the purposes of election of members to serve in Parliament. | The whole act. |
| 3 & 4 Will. 4. c. 31 | Sunday Observance Act 1833 | An Act to enable the election of officers of corporations and other public companies now required to be held on the Lord's Day to be held on the Saturday next preceding or on the Monday next ensuing. | The whole act. |
| 4 & 5 Will. 4. c. 27 | Trial of Felonies in Certain Boroughs Act 1834 | An Act for the better administration of justice in certain boroughs and franchises. | The whole act. |
| 7 Will. 4 & 1 Vict. c. 78 | Municipal Corporations (England) Act 1837 | An Act to empower the receiver or other person presiding at quarter sessions in corporate cities and towns, and justices of the peace for counties, ridings, or divisions, to divide their respective courts in certain cases. | The whole act. |
| 5 & 6 Vict. c. 104 | Municipal Corporations (Ireland) Act 1842 | The Municipal Corporation Act, 1842. | The whole act. |
| 15 & 16 Vict. c. 5 | Municipal Corporations Act 1852 | The Municipal Corporation Act, 1852. | The whole act. |
| 23 & 24 Vict. c. 16 | Municipal Corporation Mortgages, &c. Act 1860 | The Municipal Corporation (Mortgages, &c.) Act, 1860. | The whole act. |
| 23 & 24 Vict. c. 51 | Local Taxation Returns Act 1860 | The Local Taxation Returns Act, 1860. | So far as it relates to the receipts and expenditure of a municipal corporation. |
| 23 & 24 Vict. c. 106 | Lands Clauses Consolidation Acts Amendment Act 1860 | The Lands Clauses Consolidation Acts Amendment Act, 1860. | Section six. |
| 38 & 39 Vict. c. 89 | Public Works Loans Act 1875 | The Public Works Loans Act, 1875. | In section forty, the second paragraph (beginning "The council" and ending with "28") and the words "and the council respectively" in the last paragraph. |
| 39 & 40 Vict. c. 20 | Statute Law Revision (Substituted Enactments) Act 1876 | The Statute Law Revision Act (Substituted Enactments) Act, 1876. | Section three. |
| 40 & 41 Vict. c. 17 | Borough Quarter Sessions Act 1877 | An Act to amend the law relating to the division of courts of quarter sessions in boroughs. | The whole act. |
| 40 & 41 Vict. c. 66 | Local Taxation Returns Act 1877 | The Local Taxation Returns Act, 1877. | So far as it relates to the receipts and expenditure of a municipal corporation. |
| 42 & 43 Vict. c. 30 | Sale of Food and Drugs Act Amendment Act 1879 | The Sale of Food and Drugs Act, Amendment Act, 1879. | Section eight. |
| 43 Vict. c. 17 | Town Councils and Local Boards Act 1880 | The Town Councils and Local Boards Act, 1880. | The whole act. |
Legacy
[edit]The act was described as a Consolidation Act.[6]
See also
[edit]External links
[edit]- Text of the Municipal Corporations Act 1882 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- "Charter of Incorporation granted to Borough of Kidwelly under Municipal Corporations Act 1882". Kidwelly History. 1885. Retrieved 1 January 2009.
- "Scheme for the Borough of Kidwelly under Municipal Corporations Act 1882". Kidwelly History. 1885. Retrieved 1 January 2009.
Notes
[edit]References
[edit]- ^ Shaw, Albert (June 1889). "Municipal Government in Great Britain". Political Science Quarterly. 4 (2). The Academy of Political Science: 197–229. doi:10.2307/2139337. hdl:2027/uc2.ark:/13960/t21c1x615. JSTOR 2139337.
- ^ The Short Titles Act 1896, section 2(1) and Schedule 2
- ^ a b c d e f g h i Commons, Great Britain House of (1882). The Journals of the House of Commons (PDF). Vol. 137. pp. 36, 37, 74, 78, 80, 94, 98, 103, 108, 116, 120, 123, 137, 149, 152–153, 158, 164, 167–168, 173, 178, 183–184, 188, 201, 204, 209, 214, 220, 226, 233, 237, 239, 244, 249, 259, 264, 268, 272, 278, 283, 287, 296, 305, 218, 329, 341, 344, 346, 349, 360, 371, 374, 377, 379, 383, 387, 389, 396, 400, 401, 404, 407, 411, 417, 421, 477, 488.
- ^ a b c d e Lords, Great Britain Parliament House of (1882). The Journals of the House of Lords. Vol. 110. H.M. Stationery Office. pp. 377, 381, 384, 386, 401, 411, 417, 420, 432, 526.
- ^ a b c d e f g h i j Britain, Great (1882). The Public General Acts of the United Kingdom of Great Britain and Ireland. Vol. 18. proprietors of The law journal reports by Edward Bret Ince. pp. 169–234.
- ^ The Law Journal. Vol. 28. E.B. Ince. 1890. p. 413.
