Ancient Borough - Reform and Replacement

Reform and Replacement

The tendency for the close corporation to treat the members of the governing body as the only corporators, and to repudiate the idea that the corporation was answerable to the inhabitants of the borough if the corporate property was squandered, became more and more manifest as the history of the past slipped into oblivion. The corporators came to regard themselves as members of a club, legally warranted in dividing the lands and goods of the same among themselves whensoever such a division should seem profitable. Even where the constitution of the corporation was not close by charter, the franchise tended to become restricted to an ever-dwindling electorate, as the old methods for the extension of the municipal franchise by other means than inheritance died out of use. At Ipswich in 1833 the " freemen " numbered only one fifty-fifth of the population. If the electorate was increased, it was increased by the wholesale admission to the freedom of voters willing to vote as directed by the corporation at parliamentary elections. The growth of corruption in the boroughs continued unchecked until the era of the Reform Bill. Several boroughs had by that time become insolvent, and some had recourse to their member of parliament to eke out their revenues. In Buckingham the mayor received the whole town revenue without rendering account; sometimes, however, heavy charges fell upon the officers.

Before the Reform era dissatisfaction with the corporations was mainly shown by the number of local acts of parliament which placed under the authority of special commissioners a variety of administrative details, which if the corporation had not been suspected would certainly have been assigned to its care. The trust offered another convenient means of escape from difficulty, and in some towns out of the trust was developed a system of municipal administration where there was no recognized corporation. Thus at Peterborough the feoffees who had succeeded to the control of certain ancient charities constituted a form of town council with very restricted powers. In the 17th century Sheffield was brought under the act " to redress the misemployment of lands given to charitable uses," and the municipal administration of what had been a borough passed into the hands of the trustees of the Burgery or Town Trust. The many special authorities created under act of parliament led to much confusion, conflict and overlapping, and increased the need for a general reform. The reform of the boroughs was treated as part of the question of parliamentary reform. In 1832 the exclusive privileges of the corporations in parliamentary elections having been abolished and male occupiers enfranchised, the question of the municipal franchise was next dealt with. In 1833 a commission inquired into the administration of the municipal corporations. The result of the inquiry was the Municipal Corporations Act 1835, which gave the municipal franchise to the ratepayers. In all the municipal corporations dealt with by the act, the town council was to consist of a mayor, aldermen and councillors, and the councils were given like powers, being divided into those with and those without a commission of the peace. The minutes were to be open to the inspection of any burgess, and an audit of accounts was required. The exclusive rights of retail trading, which in some towns were restricted to freemen of the borough, were abolished. The system of police, which in some places was still medieval in character, was placed under the control of the council. The various privileged areas within the bounds of a borough were with few exceptions made part of the borough. The powers of the council to alienate corporate property were closely restricted. The operations of the act were extended by later legislation, and the divers amendments and enactments which followed were consolidated in the Municipal Corporations Act 1882.