of a county, or any division or part of a county, shall have effect as if the council
of that county had been named therein instead of the clerk of the peace or such
justice or justices, and may be enforced by or against the county council accordingly.
(4.) This section shall apply in the case of a committee of any authority in like
manner as if the committee were such authority, and the committee of a county
council were that council, and as if contracts and agreements by any such com-
mittee appointed by quarter sessions were contracts and agreements on behalf of a
county.

any

Sect. 125. Save so far as may be necessary to give effect to this Act or any scheme or order or other thing made or done thereunder, nothing in this Act shall prejudicially alter or affect the powers, rights, privileges, or immunities of municipal corporation, or the operation of any municipal charter, local Act of Parliament, or order confirmed by Parliament, which immediately before the passing of this Act was in force.

Repeals.

51 & 52 Vict c. 41, s. 124

Saving for

charters, local Acts, &c.

Sect. 126. All enactments inconsistent with this Act are hereby repealed; Repeal of Acts, Provided that

(1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act, or to the corresponding

enactment in this Act:

(2.) This repeal shall not affect-

(a.) The past operation of any enactment hereby repealed, nor anything
duly done or suffered under any enactment hereby repealed; or

(b.) Any right, privilege, obligation, or liability acquired, accrued, or in-
curred under or in accordance with any enactment hereby repealed; or
(c.) Any penalty, forfeiture, or punishment incurred in respect of any offence
committed against any enactment hereby repealed; or

(d.) Any power, investigation, legal proceeding, or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture, or
punishment as aforesaid; and any such power, investigation, legal pro-
ceeding, and remedy may be exercised and carried on as if this Act had
not passed.

SCHEDULES.

FIRST SCHEDULE.

Local Taxation Licences.

Licences for the sale of intoxicating liquor for consumption on the premises;

Retailers of spirits (publicans).

Section 20

Retailers of spirits, occasional licences.

Retailers of beer.

Retailers of beer, occasional licences.

Retailers of beer and wine.

Retailers of cider.

Retailers of wine.

Retailers of wine, occasional licences.

Retailers of sweets.

Licences for the sale of intoxicating liquor by retail, by persons not licensed to

deal therein, for consumption off the premises;

Retailers of beer.

Retailers of beer and wine.

Retailers of cider.

Retailers of wine.

Retailers of sweets.

Retailers of table beer.

Alteration of Schedule to District Auditors Act, 1879.

(42 & 43 Vict. c. 6.)

The following scale shall, until otherwise determined by Parliament, be substituted for so much of the scale set forth in the First Schedule to the District Auditors Act, 1879, as relates to expenditure amounting to £100,000 and upwards.

Name of municipal corporation.

Qualification of burgess.

Constitution of council.

Qualification of councillor.

Appendix C.

THE MUNICIPAL CORPORATIONS ACT, 1882. [45 & 46 VICT. CH. 50.]

Sections referred to in Sec. 75 of the Local Government Act, 1888.

PART II.

CONSTITUTION AND GOVERNMENT OF BOROUGH

Corporate Name.

Sect. 8. The municipal corporation of a borough shall bear the name of the mayor, aldermen, and burgesses of the borough, or, in the case of a city, the mayor, aldermen, and citizens of the city.

Burgesses.

Sect. 9.-(1.) A person shall not be deemed a burgess for any purpose of this Act unless he is enrolled as a burgess.

(2.) A person shall not be entitled to be enrolled as a burgess unless he is qualified as follows:

(a.) Is of full age; and

(b.) Is on the fifteenth of July in any year, and has been during the whole of the then last preceding twelve months, in occupation, joint or several, of any house, warehouse, counting-house, shop, or other building (in this Act referred to as qualifying property) in the borough ; and

(c.) Has during the whole of those twelve months resided in the borough, or within seven miles thereof; and

(d.) Has been rated in respect of the qualifying property to all poor rates made during those twelve months for the parish wherein the property is situate; and

(e.) Has on or before the twentieth of the same July paid all such rates, including borough rates (if any), as have become payable by him in respect of the qualifying property up to the then last preceding fifth of January.

(3.) Every person so qualified shall be entitled to be enrolled as a burgess, unless he

(a.) Is an alien; or

(b.) Has within the twelve months aforesaid received union or parochial relief or other alms; or

(c.) Is disentitled under any Act of Parliament.

Council; Mayor, Aldermen, and Councillors....

Sect. 10.-(1.) The municipal corporation of a borough shall be capable of acting by the council of the borough, and the council shall exercise all powers vested in the corporation by this Act or otherwise.

(2.) The council shall consist of the mayor, aldermen, and councillors.

Sect. 11.-(1.) The councillors shall be fit persons elected by the burgesses.
(2.) A person shall not be qualified to be elected or to be a councillor, unless he--
(a.) Is enrolled and entitled to be enrolled as a burgess; or

(b.) Being entitled to be so enrolled in all respects except that of residence, is 45 & 46 Vict. resident beyond seven miles but within fifteen miles of the borough, and c. 50, s. 11. is entered in the separate non-resident list directed by this Act to be made; and (c.) In either of those cases, is seised or possessed of real or personal property or both, to the value or amount, in the case of a borough having four or more wards, of one thousand pounds, and in the case of any other borough, of five hundred pounds, or is rated to the poor rate in the borough, in the case of a borough having four or more wards, on the annual value of thirty pounds, and in the case of any other borough of fifteen pounds.

(3.) Provided, that every person shall be qualified to be elected and to be a councillor, who is, at the time of election, qualified to elect to the office of councillor; which last-mentioned qualification for being elected shall be alternative for and shall not repeal or take away any other qualification.

(4.) But if a person qualified under the last foregoing proviso ceases for six months to reside in the borough, he shall cease to be qualified under that proviso, and his office shall become vacant, unless he was at the time of his election and continues to be qualified in some other manner.

Sect. 12.-(1.) A person shall be disqualified for being elected and for being Disqualifications a councillor, if and while he—

(a.) Is an elective auditor or a revising assessor, or holds any office or place of profit, other than that of mayor or sheriff, in the gift or disposal of the council; or

(b.) Is in holy orders, or the regular minister of a dissenting congregation; or (c.) Has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council: (2.) But a person shall not be so disqualified, or be deemed to have any share or interest in such a contract or employment, by reason only of his having any

share or interest in

(a.) Any lease, sale, or purchase of land, or any agreement for the same; or
(b.) Any agreement for the loan of money, or any security for the payment of
money only; or

(c.) Any newspaper in which any advertisement relating to the affairs of the
borough or council is inserted; or

(d.) Any company which contracts with the council for lighting or supplying with water or insuring against fire any part of the borough; or

for being councillor.

(e.) Any railway company, or any company incorporated by Act of Parliament 25 & 26 Vict. or Royal charter, or under the Companies Act, 1862.

Sect. 13. (1.) The term of office of a councillor shall be three years. (2.) On the ordinary day of election of councillors in every year one third of the whole number of councillors for the borough or for the ward, as the case may be, shall go out of office, and their places shall be filled by election.

(3.) The third to go out shall be the councillors who have been longest in office without re-election.

Sect. 14.-(1.) The aldermen shall be fit persons elected by the council. (2.) The number of aldermen shall be one third of the number of councillors. (3.) A person shall not be qualified to be elected or to be an alderman unless he is a councillor or qualified to be a councillor.

(4.) If a councillor is elected to, and accepts, the office of alderman he vacates his office of councillor.

(5.) The term of office of an alderman shall be six years.

(6.) On the ordinary day of election of aldermen in every third year one half of the whole number of aldermen shall go out of office, and their places shall be filled by election.

(7.) The half to go out shall be those who have been alde:men for the longest

time without re-election.

c. 89.

Term of office and rotation of councillors.

Number, term or office, and rotation of aldermen.