Encyclopaedia Britannica, 11th Edition, "England" to "English Finance" Volume 9, Slice 4
Act 1888, does not affect the powers, duties or liabilities of the
county council as regards that borough, nor exempt the parishes in the borough from being assessed to county rate for any purposes to which such parishes were previously liable to be assessed.
Sheriff, coroner.
When a borough is a county of itself the council appoint a sheriff on the 9th of November in every year. And where the borough has a separate court of quarter sessions the council appoint a fit and proper person, not an alderman or councillor, to be the borough coroner, who holds office during good behaviour. If the borough has a civil court the recorder, if there is one, is judge of it. If there is no recorder, the judge of the court is an officer of the borough appointed under the charter.
Power to acquire land.
The provisions of the Municipal Corporations Act 1882 relate chiefly to the constitution of the municipal corporation. It does not itself confer many powers or impose many duties upon the council as a body. It does, however, enable a municipal corporation to acquire corporate land and buildings, the buildings including a town hall, council house, justices' room, police stations and cells, sessions house, judges' lodgings, polling stations and the like. The council may borrow money for the erection of such buildings; they may acquire and hold land in mortmain by virtue of their charter, or with the consent of the Local Government Board. Corporate land cannot be alienated without the consent of the same board. The council may convert corporate land, with the approval of the Local Government Board, into sites for workmen's dwellings.
Borough bridges.
Another duty imposed upon a borough council by the act of 1882 is the maintenance of bridges within the borough which are not repairable by the county in which the borough is locally situate. It may here be mentioned that a city or borough which is a county of itself is liable at common law to repair all public bridges within its limits. In a borough which is not a county of itself the inhabitants are only liable to repair bridges within the borough by immemorial usage or custom.
By-laws.
Of the other powers possessed by the council of a borough under the act of 1882, one of the most important is the power to make by-laws for the good rule and government of the borough, and for the prevention and suppression of nuisances not already punishable in summary manner by virtue of an act in force throughout the borough. It will be observed that these by-laws are of two classes. The former do not come into force until the expiration of forty days after a copy of them has been sent to the secretary of state, during which forty days the sovereign in council may disallow any by-law or part thereof. The latter require to be confirmed by the Local Government Board.
Police.
Under the act of 1882 every municipal borough might have its own separate police force. As has already been stated when dealing with county councils, boroughs having a population of less than 10,000 according to the census of 1881 can no longer have a separate police force. But for some time before that year it had become the rule not to grant to any new borough with a population of less than 20,000 a separate police force. The subject of police is separately treated in the _Encyclopaedia Britannica_, and it is not necessary to supplement what is there stated. Under an act of 1893 the borough police may, in addition to their ordinary duties, be employed to discharge the duties of a fire brigade.
The district and the district council.
The powers and duties of a borough council in the Municipal Corporations Act do not arise or exist to any great extent under that act. In a few cases, those namely of county boroughs, the councils have the powers of county councils. In the quarter sessions boroughs other than county boroughs they have some only of these powers. But in every case the council of the borough have the powers and duties of an urban district council, and, except where they derive their authority from local acts, it may be said that their principal powers and duties consist of those which they exercise or perform as an urban council. These will now be considered.
Before the year 1848 there was not outside the municipal boroughs any system of district government in England. It is true that in some populous places which were not corporate boroughs local acts of parliament had been passed appointing improvement commissioners for the government of these places. In many boroughs similar acts had been obtained conferring various powers relating to sanitary matters, streets and highways and the like. But there was no general system, nor was there, save by special legislation, any means by which sanitary districts could be constituted. In the year 1848 the first Public Health Act was passed. It provided for the formation of local boards in boroughs and populous places, such places outside boroughs being termed local government districts. In boroughs the town council were generally appointed the local board for purposes of the act. It was not, however, until 1872 that a general system of sanitary districts was adopted. By the Public Health Act of that year the whole country was mapped out into urban and rural sanitary districts, and that system has been maintained until the present time, with some important changes introduced by the Public Health Acts 1875 to 1907, and the Local Government Act 1894.
Constitution of district councils.
United districts.
Port sanitary authority.
Powers of urban and rural councils compared.
The whole of England and Wales is divided into districts, which are either urban or rural. Urban districts include boroughs and places which were formerly under the jurisdiction of local boards or improvement commissioners. The power to constitute new urban districts is now conferred upon county councils, as already stated. There is a concurrent power in the Local Government Board under the Public Health