Provision is made by sections 11 to 24 for the registration of the burgesses by the overseers of their respective parishes, for the correction and publication of the burgess lists by the town-clerk, and for the revision of such lists by barristers the first year, and thenceforth by the mayor and assessors : which latter are officers created for the purpose by the act. The machinery for the registration of the con stituency is modelled on that of the Re form Bill, with such modifications as were found desirable, and were required by the very different circumstances to which the two acts apply.
Excepting that of election and control of its officers, the constituency has none of those exclusive privileges conferred on them which have been usually enjoyed by the freemen. One of the most pernicious of these was the privilege of trading within the limits of the municipality, ex clusively conferred on those who might be free of the borough or of certain guilds, mysteries, and trading companies. By the 14th section of the Municipal Act, it is enacted that " every person in any borough may keep any shop for the sale of lawful merchandises by wholesale or retail, and use every lawful trade, occu pation, mystery, and handicraft, for hire, gain, sale, or otherwise, within any borough." But London, as already ob served, is still excepted from the operation of this act, and the corporation of Lon don has often made the attempt to compel persons to take up their freedom.
IV. The functionaries, together with the constituency, complete the body of the corporation. Both have borne the most various denominations hitherto—the whole body now, in all municipalities, bear the name of " the mayor, aldermen and burgesses," and they are constituted corporations • that is, they are empowered to do all legal acts as a body, and not as individuals; they may sue and be sued by the corporate name, and they transmit the rights they acquire as corporators to their corporate successors.
The 25th clause provided for the elec tion in every borough of a " mayor," of a certain number of persons to be the " al dermen," and of a certain number of other fit persons to be the "councillors." The councillors, who are collectively called "the council" of the borough, are the body amongst whom the mayor and aldermen are chosen, and of whom those functionaries continue after their election to constitute a part. The council col lectively is intrusted with the whole of the deliberative and administrative func tions of the corporation. They appoint
the town-clerk, treasurer, and other officers for carrying into execution the various powers and duties vested in them by the act. They may appoint as many committees either of a general or special nature for any purposes which in their judgment would be better regulated and managed by such committees. The acts of every committee must be submitted to the whole council for approval, lest the borough should be governed by a small knot of persons, whose appointment as a committee would thus become as much a matter of favour, contest,and corruption, as that of the old municipal governing bodies. The council execute all the offices pre viously executed by the corporate bodies whom they superseded. They appoint from their own body a watch committee, of which the mayor is, by virtue of his office, the head ; and this committee ap points a sufficient number of effective men to act as constables and preserve the peace by day and night.
The Council may take on themselves the powers of inspectors (a species of offi cers appointed under the 3 & 4 Wm. I V. c. 90), as far as relates to the lighting of the whole or any part of the borough, provided that no local act already exists for the lighting of the borough ; in which case they are empowered to bring those parts of the borough to which the local act may not apply under its operation, as fully as if such parts had been originally included in such act (0§ 88, 89). They have also a power of making such by laws as to them may seem proper for the good rule and government of the borough ; for the prevention and suppression of all such nuisances as are not already punish able in a summary manner ; and to ap point by these by-laws such fines, not exceeding 51., as they may deem meet for the prevention and suppression of of fences. This power of minor legislation is most important and it is properly guarded by rendering it necessary that two-thirds at least of the council should be present at the making of the by-law, and by requiring that a delay of forty days shall intervene, after a copy has been sent to one of the Secretaries of State, before it shall come into operation. Her Majesty may disallow any by-law within that period, or may enlarge the time within which it shall not come into operation.