earts, if drawn by only one horse each.

But this does not extend

to carts within ten miles of London or Westminster. No child under the age of thirteen to drive any cart. Penalty on the owner not exceeding 10s. Driver of waggons, carts, &c., riding thereon (except in cases of such light carts as are usually driven with reins), or wilfully being at such distance from the same that he cannot have any government of his horses; or driving any vehicle without the owner's name; or not keeping the left or near side of the road, shall, for every offence, forfeit not exceeding 40s, or, if the owner, £5; and in default of payment be committed to the house of correction for a term not exceeding one month. Drivers refusing to discover their names in any of these cases are liable to be imprisoned three months.

CHAPTER VI.

Corporations.

A CORPORATION consists of one or more individuals, created by royal charter, act of parliament, or prescription, and inheriting, in its corporate capacity, certain properties, rights and immunities, which it may transmit in perpetuity to its successor; the main object of such institution being security of possession and uninterrupted succession, a kind of artificial person is created, not liable to the ordinary casualties which affect the transmission of private rights, but capable by its constitution of indefinitely continuing its own existence.

A corporation or body corporate may be either lay or ecclesiastical. Ecclesiastical corporations are where the members that compose them are spiritual persons; such as bishops, certain deans, and prebendaries; all archdeacons, parsons, and vicars. Lay corporations are either civil or eleemosynary; the former are chiefly established for the government of towns, public improvements, or the advancement of commerce and learning; the latter for the perpetual distribution of the free alms or bounty of the founder; and of which kind are all hospitals for the poor, and all colleges, both in the national universities, and at Manchester, Eton, and Winchester.

Corporations are either sole or aggregate, that is, consisting of one or many; the queen, a bishop, some deans, parson, or vicar, is a corporation sole, being perpetual in their successor. Corporations aggregate are commonly the mayor and burgesses of a town; the head and fellows of a college; the dean and chapter of a cathedral church.

A name is essential to every corporation, by which it may be known, and do all legal acts.

The powers usually annexed to corporate bodies are, 1. To have, by descent, election, or otherwise, perpetual succession. 2. To sue and be sued, and do all other acts which individuals may do, in their corporate capacity. 3. To purchase lands, and have a common seal. 4. To make by-laws for the better government of the corporation. But no trading company is allowed to make by-laws which may affect the queen's prerogative or the interests of individuals, unless approved by the chancellor, treasurer, and chief justices, or the judges of assize; and even though so approved, if contrary to law, they are void.

Corporations cannot commit felony or treason; they cannot appear in legal proceedings, except by their attorney or officer acting for them. They are not generally bound by their common seal; nor by bill or note, except in the case of trading companies. Those having municipal jurisdiction, as town corporations, may frame laws binding on strangers; but companies or guilds, such as the civic companies of London, have no local power, and can only bind the members of their own fraternities.

The constitution of a corporation, as settled by act of parliament, cannot be varied by the acceptance of a charter inconsistent with it, 6 T. R. 268.

The queen cannot by her prerogative dissolve a corporation.

No member can vote in the general courts, unless he have been six months in possession of the stock necessary to qualify him, except it comes to him by bequest, marriage, succession, or settle

ment.

The election of officers of corporations and other public companies which falls on a Sunday, must be held on the Saturday next preceding, or the Monday next ensuing, 3 W. 4, c. 31.

A corporation may be dissolved-1. By act of parliament. 2. By the natural death of all its members. 3. By surrender of its franchises into the hands of the queen. 4. By forfeiture of its charter through negligence or abuse of its privileges; in which case the law concludes the conditions upon which it was incorporated are broken, and the grant of incorporation forfeited.

II. MUNICIPAL OR TOWN CORPORATIONS.

These, with the exception of London, are regulated by 5 & 6 W. 4, c. 76, by which all existing laws, usages, grants, and char. ters are abolished, but reserves to inhabitants, freemen, burgesses, and apprentices, and to the sons, sons-in-law, daughters, wives, and widows of freemen and burgesses, certain interests in charitable funds, and to the latter the right of voting in parliamentary elections, prohibiting, however, future admissions by gift or pur chase. Under this statute the government of a borough is vested in the freemen or burgesses existing at the passing of the act, Sep. 9, 1835, whose rights are reserved, and the burgesses subsequently

enrolled. From the burgesses the mayor, aldermen, and council. lors are elected.

To be burgess qualified to vote at municipal elections, 1. He must be of full age. 2. On the last day in August in any year he must have occupied a house, warehouse, counting-house or shop in the borough during that year and the whole of each of the two preceding years (now for one year only, see infra). 3. During the time of occupation he must have been an inhabitant householder in the borough or within seven miles thereof. 4. He must have been duly enrolled, and to be enrolled must have been rated during his time of occupation in respect of the premises occupied to all rates made for the relief of the poor of the parish in which the premises are situated. 5. He must have paid, before the last day of August, all taxes and rates payable for his premises except such as became payable six calendar months before the last day of August. The premises occupied need not be the same premises, nor in the same parish. Aliens and persons who have received parochial relief within the twelve months preceding the last day of August, or any charitable allowance from any fund entrusted to the charitable trustees of the borough, not eligible to be enrolled.

The 32 & 33 V. c. 55, shortens to one year the term of residence and occupation required as a qualification for the exercise of the municipal franchise, with amendments for other purposes. By s. 3, a councillor or alderman may reside within fifteen miles of the borough. Members of the Town Council, namely, the mayor, aldermen, and councillors, must, in addition to fulfilling the conditions imposed on burgesses, have the following qualifications :-In boroughs divided into four or more wards they must be possessed of real or personal estate to the amount of £1,000, or be rated to the relief of the poor upon the annual value of at least £30; and in boroughs divided into less than four wards, or not divided into wards, be possessed of real or personal estate to the amount of £500, or be rated to the relief of the poor upon the annual value of not less than £15. A burgess is disqualified to be a member of the council if in holy orders, or the regular minister of a dissenting congregation; if holding any office or place of profit, other than that of mayor, in the disposal of the council; or if directly or indirectly by himself or partner having any share or interest in any contract or employment with, by, or on behalf of the council. But 15 V. c. 5, explains that persons who have a share or interest in any newspaper in which advertisements appear relating to the borough, council, commissioners and trustees, are not to be deemed contractors by reason of such advertisements. And by 33 & 34 V. c. 55, a proprietor of shares in companies not to be deemed a contractor, or be disqualified from election to municipal offices by reason of such holding.

Overseers are to make out a list of burgesses by September 5th (September 1st by 20 & 21 V. c. 50), which is to be open to in

spection without fee until the 15th; town clerk to exhibit burgess list on the outer door of the town hall or some conspicuous place on every day during the week next preceding the 15th of September; burgesses omitted must give notice on or before the 15th of September. List of claimants and persons objected to, to be published during the eight days preceding October 1st. Mayor and assessors to hold an open court for the revision of the burgess list between the 1st and 15th days of October. Copies of the burgess roll to be printed for sale. Councillors to be chosen November 1st, and one-third part of the council to go out of office annually. Auditors and assessors are to be chosen by the burgesses March 1st from among the persons qualified to be councillors. Council to elect the mayor and aldermen November 9th from among the councillors. Mayor refusing to serve to forfeit not exceeding £100; aldermen, councillor, auditor, or assessor, £50. Acting as councillor without a due qualification incurs a penalty of £50.

On the petition of the inhabitant householders of any towns not corporate, the queen is empowered to extend the provisions of this important statute by the grant of charters of incorporation. Manchester, Birmingham, and Bolton have availed themselves of this clause, and obtained charters; adding three to the 178 boroughs to which the act originally extended.

Borough constables elected under the act are disqualified from voting in the election of persons to municipal offices, or for members of parliament, by 19 & 20 V. c. 69, s. 9. Penalty £10, or for attempting to influence an elector.

By 5 & 6 V. c. 104, no member of council can vote or take part in the discussion of any matter before the council in which he or his partner has any particular interest; but not disqualified by having an interest in lease of lands.

The 6 & 7 V. c. 89, enacts that no election of mayor, alderman, or councillor can be called in question for defect of title, unless by quo warranto within twelve months from the election.

The 12 & 13 V. c. 82, relieves municipal boroughs, in specified cases, from contributions to certain descriptions of county expen. diture.

The 14 & 15 V. c. 39, provides that burgesses and freemen whose franchises were reserved under the Reform Act, shall not be affected by the change in rating small tenements under 13 & 14 V. c. 99.

The acts applying to corporations, specified in the schedule of 5 & 6 W. 4, c. 76, are extended by 16 & 17 V. c. 79, to corporations erected subsequent to the passing of that act. By s. 5, boroughs appointing inspectors of weights and measures are not to be liable to contribute to the county rate in respect of weights and measures. By s. 6, town councillors are no longer exempted or disqualified from serving on the grand jury or the quarter sessions for the borough, so far as respects boroughs not containing 12,000 in

habitants according to the last census. The mayor of every city, borough, or town corporate, may appoint for deputy an alderman or councillor to act for him during illness or absence, s. 7.

By 20 & 21 V. c. 50, the trustees for paving, lighting, &c., under the 5 & 6 W. 4, c. 76, in any borough named in the schedules of that act, or to which a charter of incorporation has since been granted, may, at a meeting called for the purpose, transfer all powers, property, and liabilities to the body corporate of such boroughs. Act not to extend to Cambridge without consent of the chancellor, masters, and scholars of the university. But no transfer is to be made in any borough without a resolution of the borough council, s. 3. By s. 5, all duties imposed on elerks of cities and boroughs by 3 G. 4, c. 46, to be performed by clerks of the peace. In boroughs consisting of more than one parish, in case the burgess roll for any parish be not made out for any year, previous burgess roll to continue in force for such year.

The law relating to elections and divisions of boroughs into wards was amended in 1852 by 22 V. c. 35. By s. 1, on petition to her Majesty by two-thirds in number of the council of any borough, it may be divided into wards, or the number and boundaries of boroughs already so divided may be altered. Notice of petition to be given in the Gazette. Barristers to be appointed by a judge of assize, to set out boundaries, and to be remunerated at the rate of five guineas per day above travelling expenses, payable out of the borough fund, s. 1. S. 8 provides for the choice of councillors, if the number nominated equals, exceeds, or is less than, the number required to be elected.

35 & 36 V. c. 60, provides for the better prevention of corrupt practices at municipal elections, and establishes a tribunal for the trial of the validity of such elections. Such tribunal is to consist of a barrister or barristers not exceeding five in number, and of not less than fifteen years' standing, and not being members of parliament, to be appointed for that purpose by the judges for the time being on the rota, for the trial of election petitions.

By 23 V. c. 16, the Treasury, in approving mortgages by munieipal corporations, may require money borrowed to be repaid within a limited time by instalments, or by a sinking fund, or by both. Treasury may, when it authorizes the sale of land, direct the investment of proceeds. Misappropriation of moneys contrary to the provisions of 20 & 21 V. c. 54, a misdemeanour. By s. 7, councils of cities or boroughs may acquire lands with consent of the Treasury. Answers of Treasury to applications of corporations to be published on the outer door of the town-hall, or in some conspicuous place within the borough.

By 24 & 25 V. c. 55, the mayor is to have precedence over all justices acting in and for the borough, and to take the chair at meetings of justices; but not to have precedence over justices of the county, unless acting in the business of the borough, nor