rights of election and eligibility to corporate offices. That they were generally but a small, and often the least wealthy and independent part of the population of the borough; in proof of which it was stated, that in sixteen of the most populous boroughs having corporations the aggregate population of all was 659,431, while the whole number of freemen was only 34,697; the proportion between the two numbers being nearly as that of 19 to 1; but allowance should be made in the larger number for domestics and women.

That the higher corporate officers were considered as a necessary part of the legislative body. That there were in all corporations inferior officers, whose functions had altogether ceased, but who nevertheless continued to be elected in compliance with the letter of their charters.

That the jurisdiction, arising as it did from particular charters, in which no general system had been followed, varied in many places inversely to the population and importance of the places in which it was established; being most extensive in many of the smaller boroughs, most restricted in some of the largest.

That the property of corporations consisted of lands, tithes, and other property of the same description. That they had also revenues arising from the tolls of markets and fairs, from duties on export and import of goods, usually called town dues; from quay dues, and anchorage dues from fees payable on admission of burgesses and officers, and from fines imposed for refusal to serve in corporate offices. That such property was not generally adequate to the fulfilment of municipal purposes; and that in some places a borough rate, in the nature of a county rate, was levied from the inhabitants in order to supply the deficiency. That in parliamentary boroughs, the municipal expenses had been in many instances, either wholly or in part, defrayed by the patron of the borough. That since the passing of the Reform Act this assistance had been discontinued in such boroughs as had been disfranchised, and that in consequence some of these boroughs had ceased to maintain any municipal institutions whatever. That the corporations had also in many cases property vested in them upon trust for charitable purposes; and had, moreover, considerable patronage, both lay, as of schools and hospitals, and ecclesiastical, as of livings.

That the freemen had, in many cases, claims upon the property vested in the corporation, in the shape of rights of common, &c. &c., and were entitled, in some places, to pecuniary assistance upon certain occasions. That they were also generally entitled to exemptions from tolls and town dues; and had in some places exclusive rights of trading. That the freemen commonly, and in some places the inhabitants at large also, claimed to be exempted from serving upon county juries, to which they would otherwise have been liable as freeholders of their respective counties.

With regard to the mode in which such powers, franchises, and property were exercised and administered, it appeared from the Report

That the power of making freemen, so far as it was discretionary in the corporation, was chiefly exercised by them, and that the freedom also was commonly claimed, for political purposes; as was shown by

the great increase in the number of admissions, which generally took place on the approach of a general election; which was evidenced by a table containing the aggregate number of freemen admitted in 128 principal boroughs, exclusive of London and Preston, from the year 1800 to the year 1831, the lowest number admitted being 1256 in the year 1808, the highest 10,797 in the year 1826. That the freemen were in many instances selected from the poorer and more dependent classes.

That evil had arisen from the union of offices not properly compatible, as that of mayor with that of magistrate or that of coroner. That in the appointment of corporate officers, as well those having jurisdiction as others, more regard was paid to the party claims than to the capacity of those selected.

That improper and incompetent persons had been in many instances intrusted with the exercise of the corporate jurisdiction; and that, in consequence of this and other causes, such as the unwillingness of the corporation to undertake responsibility, the suspicion of partiality attaching to the juries selected from the freemen, the expensiveness of the proceedings in civil matters, and in criminal matters the bad state of the borough gaols acting upon the humane feelings of prosecutors, such jurisdiction had, in most places, excepting those in which it was exclusive, fallen into comparative disuse.

That in the disposal of their property, corporations did not, except in very few instances, recognise any obligation to apply it to public purposes, though in practice many corporations had undertaken works for the general benefit of the borough. That in most instances the property of the corporation was, to a greater or less extent, and, either directly or indirectly, administered for the benefit of the members of the corporation and their families. That much of it was consumed in feasts or entertainments, or in extravagant salaries to the corporate officers; and that in some instances the corporate funds had been largely applied for electioneering purposes. That apart from any corrupt application, the expenditure of corporate funds had been very generally improvident; and that many corporations were considerably in debt. That the funds vested in corporations for charitable purposes had been very commonly, wholly or in part, misapplied and diverted to the use of the corporation; and that, in the selection of objects of charity or patronage, undue regard had been paid to the votes or political services of applicants; and that they had in other respects neglected the proper superintendence of the charities subject to their visitation.

That the corporations had very generally proved inadequate duly to fulfil such purposes of local government as police, paving, and lighting; and that the management of these matters were, particularly in the larger towns, usually committed to distinct bodies appointed by act of parliament.

The commissioners concluded their report by representing that the existing municipal corporations of England and Wales neither possessed nor deserved the confidence of his Majesty's subjects, and that a thorough reform must be effected in them before they became what they ought to be, and might become, useful and efficient instruments

Founded upon this Report, a bill was, early in the session of 1835, introduced by the administration into the House of Commons; which having been the subject of much discussion, and having encountered great opposition, and undergone considerable alteration in the House of Lords, was finally passed into a law on the 5th of September in the same year. By this act, which embraces in its provisions 178 of the municipal corporations of England and Wales, and which came finally into operation on the last day of 1835, the actual corporation in every place to which it applied was dissolved, and replaced by a municipal body consisting of mayor, aldermen, and burgesses, which was thenceforth to be the style of all such municipal corporations, and of which the constitution and form of government are regulated by the following provisions:

All who for three years have occupied a house or shop within the limits, and who, during that period, have habitually resided within seven miles of such limits, and have also during the same time been rated to the poor of some parish in the borough, are entitled to be placed on the list of burgesses. These elect the councillors, whose qualification for the office in boroughs divided into four or more wards is 1000l. capital, or to be rated at 30l. annual value: in boroughs of inferior size, half these sums respectively. The number of councillors is fixed by the act for each borough, and one third of them go out of office every year. The councillors elect aldermen, whose number is one third of that of the councillors, in conjunction with whom they compose the town council. Half of the aldermen go out of office every third year: out of the aldermen the council elect the mayor, whose office is annual, with a capability of re-election, and whose business it is to preside over the council.

To this town council, composed of mayor, aldermen, and councillors, are transferred the municipal powers and functions of the corporation which they succeed, curtailed in some respects, extended in others. The curtailment is chiefly as to the jurisdiction, which is no longer to be exercised by the officers of corporations, save by express delegation of the Crown: according to the provisions of this act, which empowers the King to issue his commission of the peace to 128 boroughs named in it, without any expression of a wish on their part, and to 50 others also named, upon special petition from them. The King is also empowered to appoint, upon like petition from any borough, a police magistrate, with a salary to be first provided by the town council out of the borough funds, and also to nominate a recorder in such boroughs as shall present a petition in that behalf, showing sufficient ground for the request, and stating the salary they are willing to pay; such recorder, who must be a barrister of five years' standing, to have the power of holding quarter sessions, in which he is to be sole judge, equal in extent of jurisdiction to the quarter sessions of a county.

The municipal functions of the new town councils are increased by the cessation of the powers conferred by local acts for paving, lighting, and police; the latter power, which is committed to the hands of the mayor and a sufficient number of councillors, being specially made subject to the control of the Secretary of State for the Home Department.

In the town council also is vested the whole of the property of the old corporation, except tolls, which are abolished, to be administered by them, as well as any proceeds which may accrue from the corporate jurisdiction for the general purposes of the borough, and subject to the control and inspection of auditors appointed by the burgesses at large. But the town council were required to sell all advowsons, in order to avoid religious animosities, and to appoint trustees of all property held by them for charitable uses.

One only of the ancient franchises is left untouched: that is, the parliamentary rights of freemen or free burgesses, as retained by the Reform Act; and in addition to this, all rights of property and valuable exemptions are reserved to existing freemen, and all rights of property simply to all who shall hereafter become freemen by birth, marriage, or apprenticeship, though no longer entitled as such to any place in the municipal constitution. It was further provided that all officers of the old corporations, such as town clerks, bailiffs, treasurers, or chamberlains, discontinued by the new town council, should receive compensation, regard being had to the manner of their appointment, and their term or interest in their office.

By this act a power is reserved to the Crown of granting charters to boroughs or towns not incorporated; and such power will doubtless, when occasion arises, be exercised in accordance with the system just described.

The above table is made out from those in Messrs. Merewether and Stephens' valuable work on boroughs; and is useful as showing the

successive growth of corporations and boroughs. But as many of the places to which it refers have fallen into decay, it is not applicable to their present condition; upon which more recent and accurate information may be found in the Appendixes to the Report of the Corporation Commissioners, according to which it appears

That the number of municipal boroughs in England and Wales,
concerning which they instituted any inquiry, was

Of which England had 231, and Wales 54.

Of these there were, in England, towns counties in themselves
Ditto in Wales

And of the whole there were, parliamentary and municipal, in
England

Ditto in Wales

Municipal only in England

Ditto in Wales

In addition to these 285 municipal boroughs, there were
Boroughs that were parliamentary and notmunicipal, in England
(of which 22 existed before the Reform Bill.)
Ditto in Wales

285

17

2

137

53

16

Of these 285, 39 are stated by the commissioners to have been municipal only in name: of the remaining 246, no accounts were received from 8, and 1 (London) was not included in the Report, leaving 237, of which the total population is stated to be 2,028,613. The aggregate property of 315 (there being in 17 no property, and 5 in which it could not be accurately stated) was, per annum, 366,9487. 10s. Of this sum, that of the boroughs on the northern circuit of the Commissioners amounted to 94,7037.; and that of those on the northwestern to 100,7047.

CHAPTER VI. CONSTITUTION, COURTS, ETC., OF SCOTLAND.

SECT. I. Constitution and Representative System of Scotland. FROM the earliest period to which Scottish records ascend, the form of the monarchy is limited. The King acts with the concurrence of of his Great Council, which, as in England and other nations, was originally his Feudal Court, and formed of those vassals whose duty rather than privilege it was to attend the person of the sovereign. The Scottish constitution, retaining the feudal law of property, always retained the principle, derived from this origin of Parliament, of recognising a right in none but the immediate vassals of the Crown to appear in the National Council personally, or by representatives.

In the earlier Scottish parliaments, where all attended personally, we find the assemblies composed of the prelates, the earls and greater barons, and the lesser barons: the last-named class being those Crown vassals or freeholders, who, as such, formed part of parliament, but had not received any of those honours or titles which distinguished the no