THE MUNICIPAL CORPORATION ACT. 5 & 6 WILL. 4, Cap. 76. An Act to provide for the Regulation of Municipal [9th September, 1835.] 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 it is expedient that the charters by which the said bodies corporate are constituted should be altered in the manner hereinafter mentioned; 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 the authority of the same, that so much of all laws, Repeal of all statutes, and usages (1), and so much of all royal and customs and other charters, grants, and letters patent now in with this act. force relating to the several boroughs named in the B acts, charters, inconsistent 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 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or any of them, as are inconsistent with or contrary to the provisions of this act, shall be and the same are hereby repealed and annulled. (1) "All Laws, Statutes," &c.]—All laws, &c., inconsistent with the provisions of this act, are by this section expressly repealed. In the absence, however, of such an express enactment, the courts would have been bound to act on the maxim— "Leges posteriores priores contrarias abrogant." The question of inconsistency remains the same, and must be decided in either case (see pòst, s. 105, note). In Williams v. Pritchard, 4 T. R. 3, (recognised in Reg. v. Poor Law Commissioners, 6 A. & E. 8), Lord Kenyon uses the following language:-"It cannot be contended that a subsequent act of Parliament will not control the provisions of a prior statute, if it were intended to have that operation; but there are several cases in the books to shew, that where the intention of the legislature was apparent, that the subsequent act should not have such an operation, there, even though the words of such statute taken strictly and grammatically would repeal a former act, the courts of law, judging for the benefit of the subject, have held that they ought not to receive such a construction."-See also 6 A. & E. 42, acc. But a later statute, general and affirmative, does not abrogate or repeal a former which is particular. See Com. Dig. tit. Parliament, (R. 9), and the cases there cited. The charters, &c., and local acts relating to the several boroughs named in the schedules, are still in force and unrepealed, save in those cases where they are inconsistent with the provisions of this act. Reservation II. And whereas in divers cities, towns, and property and boroughs, the common lands and public stock of of all rights of emptions to wives and such cities, towns, and boroughs, and the rents and beneficial exprofits thereof, have been held and applied for the freemen, their particular benefit of the citizens, freemen, and bur- children. gesses of the said cities, towns, and boroughs respectively, or of certain of them, or of the widows or kindred of them, or certain of them, and have not been applied to public purposes; Be it therefore enacted, that every person who now is or hereafter may be an inhabitant of any borough, and also every person who has been admitted or who might hereafter have been admitted a freeman or burgess of any borough if this Act had not been passed, or who now is or hereafter may be the wife or widow or son or daughter of any freeman or burgess, or who may have espoused or may hereafter espouse the daughter or widow of any freeman or burgess, or who has been or may hereafter be bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy the same share and benefit of the lands, tenements, and hereditaments, and of the rents and profits thereof, and of the common lands and public stock of any borough or body corporate, and of any lands, tenements, and hereditaments, and any sum or sums of money, chattels, securities for money, or other personal estate, of which any person or any body corporate may be seised or possessed in whole or in part for any charitable uses or trusts, as fully and effectually, and for such time and in such manner, as he or she by any statute, charter, bye-law, or custom in force at the time of passing this act might or could have had, acquired, or enjoyed in case this act had not been passed (1): Provided always, that the total ⚫ 1835. amount to be divided amongst the persons whose rights are herein reserved in this behalf shall not exceed the surplus which shall remain after payment of the interest of all lawful debts chargeable upon the real or personal estate out of which the sums so to be divided have arisen, together with the salaries of municipal officers, and all other lawful expenses which, on the fifth day of June, were defrayed out of or chargeable upon the same: Provided also, that nothing hereinbefore contained shall be construed to apply to any claim, right, or title of any burgesses or freemen, or of any person, to any discharge or exemption from any tolls or dues levied wholly or in part by or to the use or benefit of any borough or body corporate; and that after the passing of this act no person shall have or be entitled to claim thenceforward any discharge or exemption from any tolls (2) or dues lawfully levied in whole or in part by or to the use of any body corporate, except as hereinafter is excepted: Provided nevertheless, that every person who, on the fifth day of June in this present year*, was an inhabitant, or was entitled to be admitted a freeman or burgess of any borough, or who on the said fifth day of June was the wife, or widow, son or daughter of any freeman or burgess of any borough, or who on the said fifth day of June was bound an apprentice, shall be entitled to have or acquire and enjoy the same discharge or exemption from any tolls or dues lawfully levied in whole or in part by or to the use of any borough or body corporate as fully and for such time and in such sort as he or she, by any statute, charter, bye-law, or custom in force on the said fifth day of June might or would have had, acquired, and enjoyed the same if this act had not been passed, and no further or otherwise: Provided also, that where, by any statute, charter, bye-law, or custom in force within any borough at the time of passing this act, any person whose rights in this behalf are herein reserved would have been liable in case this act had not been passed to pay any fine, fee, or sum of money to any body corporate, or to any member, officer, or servant of any body corporate, in consideration of his freedom, or of his or her title to such rights as are herein reserved, no such person shall be entitled to have or claim any share or benefit in respect of the rights herein reserved as aforesaid until he or she shall have paid the full amount of such fine, fee, or sum of money to the treasurer of such borough, appointed under the provisions of this act, on account of the borough fund hereinafter mentioned: Provided Proviso as to also, that nothing in this act contained shall be con- rights. strued to entitle any person to any share or benefit of the rights herein reserved, who shall not have first fulfilled every condition which, if this act had not passed, would have been a condition precedent to his or her being entitled to the benefit of such rights, so far as the same is capable of being fulfilled according to the provisions of this act, or to strengthen, confirm, or affect any claim, right, or title of any burgesses or freemen of any borough or body corporate, or of any person, to the benefit of any such rights as are hereinbefore reserved, but the same in every case may be brought in question, impeached, and set reserved |