as respects the approval of loans and the alienation of property and other Sect. 236. matters therein mentioned, and that part shall, as respects any transactions commenced after the appointed day, be construed as if "Local Government Board" were throughout that part substituted for "Treasury."

The above section will apparently apply to all applications to the Local Government Board, whether by a borough council under this Act, or by a county council under the provisions of the Local Government Act as to property, borrowing, etc.

As to fixing the notice on the town hall, see s. 232, ante, p. 322.

The town clerk's office will, in counties, be the office of the clerk of the council.

NOTE.

Deputy.

237. No defect in the appointment of a deputy under this Act Acts of shall invalidate his acts.

deputy not to be invalidated

This section will apply to a deputy clerk of the peace appointed under the by defect in Local Government Act, ss. 83 or 118; a deputy chairman of the London appointment. County Council (ib. s. 88); a deputy returning officer (ib. s. 75).

Overseers.

238.-(1.) Every matter by the Municipal Corporations Acts Notices to directed to be done by overseers may be lawfully done by the and acting of major part of them.

(2.) Any notice by the Municipal Corporations Acts required to be given to overseers may be delivered to any one of them, or left at his place of abode, or at his office for transacting parochial business.

The expression "Municipal Corporations Acts" is defined by s. 7 (1) of this Act to mean "this Act and any Act to be passed amending this Act.”

The chief duties of the overseers under this Act as applied by the Local Government Act, 1888, consist in the preparation of the burgess lists and lists of voters, etc., under Part III., as amended by the County Electors Act.

An assistant overseer may also be counted as one of the majority. See Baker v. Locke, 11 Jur. (N.s.) 65; 34 L. J. C. P. 49; 18 C. B. (N.s.) 52.

Declarations and Oaths.

Overseers.

administer

239.-(1.) Where by or under this Act a declaration or oath Power to is required to be made or taken by the holder of a corporate office oaths, etc. or other person before the council or any members thereof, or any other persons, they shall have authority to receive and administer the same without any commission or authority other than this Act.

(2.) Nothing in this Act in any case shall require or authorize the taking or making of any oath or declaration that would

not have been required or authorized under the Promissory 31 & 32 Vict. Oaths Act, 1868, or otherwise by law, if this Act had not been c. 72.

Sect. 239 (2). passed, or interfere with the operation of the Promissory Oaths Act, 1868.

Forms in schedule.

Misnomer or inaccurate description not to hinder.

As to the declaration on acceptance of office, see s. 35, ante, p. 273, and Sched. 8, post. This declaration may be made before two members of the council or the town clerk.

As to the oaths to be taken by the chairman of the county council before acting as a justice of the peace, see the Local Government Act, s. 2, ante, p. 4.

Forms.

240. The forms in the Eighth Schedule, or forms to the like effect, varied as circumstances require, may be used, and shall be sufficient in law.

The only part of the Eighth Schedule which is incorporated with the Local Government Act is Part I., which is set out, post.

Misnomer or Inaccurate Description.

241. No misnomer or inaccurate description of any person, body corporate, or place named in any schedule to the Municipal Corporations Act, 1835, or in any roll, list, notice, or voting paper required by this Act, shall hinder the full operation of this Act with respect to that person, body corporate, or place, provided the description of that person, body corporate, or place be such as to be commonly understood.

Where in a voting paper Gonville Place was stated as the address of a voter, whereas his real address was Newmarket Road, it was held that this inaccuracy was not cured by the corresponding provisions of 5 & 6 Will. 4, c. 76, s. 142. R. v. Coward, 16 Q. B. 819; and see R. v. Deighton, 5 Q. B. 896; 13 L. J. Q. B. 241; 8 Jur. 686; R. v. Hammond, 17 Q. B. 772; 21 L. J. Q. B. 153; 16 Jur. 194; R. v. Avery, 18 Q. B. 576; 21 L. J. Q. B. 153; 17 Jur. 194.

Joseph C., a person entitled to vote at a municipal election, was by mistake entered on the burgess roll as James C. He voted by the name of James C. On motion for a quo warranto, the vote was objected to on the ground that C. was not entitled to vote, and had fraudulently personated a person entitled to vote. It was held that neither objection was sustained. And, semble, that if the objection had been that C. had voted in a wrong name, and was not rightly entered on the burgess roll, this objection could not have been sustained, but that the misnomer would have been cured under 5 & 6 Will. 4, c. 76, s. 142. R. v. Thwaites, 1 E. & B. 704; 22 L. J. Q. B. 238; 17 Jur. 712.

A voting paper signed W. J., of K. street, was rejected on the ground that the qualification of W. J. on the burgess roll was described as "house in M. street." It was shown by affidavits that K. and M. streets intersected; that the house in question was the corner house; that it was one house, with a street door in each street, consisting of what had formerly been two distinct houses, one in each street, and one of them being the house in M. street. It was held that having regard to 5 & 6 Will. 4, c. 76, s. 142, the description was such as to be commonly understood, and that the vote was improperly rejected. R. v. Gregory, 1 E. & B. 600; 22 L. J. Q. B. 120; 17 Jur. 272.

NOTE.

Voting papers were tendered signed "A. B., voting for property situate in Sect. 241. the parish of C." They were rejected, and the rejection altered the majority. In proceedings by quo warranto, it was admitted that the borough consisted of two parishes, of which C. was one; that though there were streets and lanes in the borough, the description in the voting papers was such as to be commonly understood, and that the boundaries of the parish were well known and defined. It was held that the fault, if there was one, was cured by 5 & 6 Will. 4, c. 76, s. 142. R. v. Spratley, 6 E. & B. 363; 25 L. J. Q. B. 257; 2 Jur. (N.S.) 735.

A voting paper contained the christian name and surname of the candidate and his place of abode, but no description (such as is required by Sched. 3, Part II. r. 5, post). It was held that this was not an inaccurate description, but a total omission of the description of the candidate, and was not cured by 5 & 6 Will. 4, c. 76, s. 142. R. v. Tugwell, L. R. 3 Q. B. 704; 37 L. J. Q. B. 275 ; 16 W. R. 1039.

At an election of councillors voting papers designated the person voted for by the initial of his christian name. It was held that this was a misnomer and cured by 5 & 6 Will. 4, c. 76, s. 142. R. v. Plenty, L. R. 4 Q. B. 346; 38 L. J. Q. B. 205; 20 L. T. (N.s.) 521; 17 W. R. 792. But in a later case it was held that a similar use of initials in a nomination paper was not cured, for s. 142 did not extend to a nomination paper, which was unknown when 5 & 6 Will. 4, c. 76, was passed. Mather v. Brown, 1 C. P. D. 596; 45 L. J. C. P. 547; 34 L. T. (N.s.) 869; 24 W. R. 736.

A mistake in the number on the burgess roll as stated in a nomination paper was held not cured by 35 & 36 Vict. c. 33, s. 13, and 41 & 42 Vict. c. 26, s. 41; Gothard v. Clark, 5 C. P. D. 253; 49 L. J. C. P. 474; 42 L. T. (N.S.) 776; 29 W. R. 102; 44 J. P. 587.

A nomination paper at the election of a town councillor pursuant to the Municipal Elections Act, 1875, was held sufficiently to state the Christian name (William) of the person nominated by the abbreviation" Wm." Henry v. Armitage, 12 Q. B. D. 257; 33 L. J. Q. B. 111; 50 L. T. (N.S.) 4; 32 W. R. 192; 48 J. P. 424.

A nomination paper was subscribed with the full and correct name of Charles Arthur Burman as an assenting burgess; but his name was erroneously entered on the burgess roll as Charles Burman only. It was held that the defect was not cured by the text, the words "commonly understood "meaning commonly understood by any person comparing the nomination paper and the burgess roll. Moorhouse v. Linney, 15 Q. B. D. 273; 53 L. T. (N.s.) 343; 33 W. R. 704; 49 J. P. 471.

But in a case where a nomination paper was subscribed by three of the assenting burgesses, "Edwin J. Hooper," "W. E. Waller," and "R. Turner," whose names appeared on the burgess roll as "Edwin John Hooper," "William E. Waller," and " Robert Turner" respectively, it was held that the nomination paper had been duly subscribed by those persons. Bowden v. Besley, 21 Q. B. D. 309; 57 L. J. Q. B. 473; 59 L. T. (N.s.) 219; 36 W. R. 839. In this case it will be observed that the signatures and surnames on the burgess roll, though not identical, were not inconsistent with each other.

A nomination paper at a county council election was signed by a nominator "James Sykes, junr." The name James Sykes appeared on the register of county electors, but without the addition of "junior." It appeared that the nominator was generally known as James Sykes, junior, and that was his usual signature. It was held that the nomination paper, being signed with the ordinary signature of the nominator, was valid. Gledhill v. Crowther, 23 Q. B. D. 136; 58 L. J. Q. B. 327; 60 L. T. (N.s.) 866; 53 J. P. 677.

Sect. 241.

NOTE.

Provision for

references in unrepealed

A nomination paper was subscribed with the correct name of Henry D. Davenport, as an assenting burgess, but his name was erroneously stated on the burgess roll as Davenport, Henry D. Evereux. Held, that the nomination paper was not invalid. Harding v. Cornwall, 60 L. T. (N.s.) 959.

See also s. 72, ante p. 293, s. 13 of the Ballot Act, 1872, ante, p. 213, and notes.

Substitution in Former Acts.

242.-(1.) In the several enactments described in Part I. of the Ninth Schedule, a reference to this Act shall be deemed to enactments to be substituted for a reference to the Municipal Corporations Act, 5 & 6 Will. 4, 1835, and any Act amending it.

c. 76, etc.

Short titles

(2.) In each of the enactments described in Part II. of the Ninth Schedule, there shall be substituted for the respective provision of the Municipal Corporations Act, 1835, in that part mentioned in connection therewith, such provision of this Act as is also mentioned in connection therewith.

(3.) Where any Act passed before this Act, and not specified in the First or in the Ninth Schedule, refers to the Municipal Corporations Act, 1835, or any Act amending it, or to boroughs or corporations subject to that Act or any Act amending it, the reference shall be deemed to be to this Act, or to the corresponding provision of this Act, or to boroughs or corporations subject to this Act (as the case may require).

(4.) All enactments to which this section relates shall, except as in this section provided, continue to operate as if this Act had not been passed.

The effect of this section in incorporating s. 14 of the Judicature Act, 1881 (44 & 45 Vict. c. 68), as to appeals to the Court of Appeal from the decision of a divisional court upon a question of law in a municipal election petition, has been stated in the note (ƒ) to s. 93 (7), ante, p 305.

243. Such of the Acts specified in the First Schedule as will of Acts partly remain in force to any extent after the commencement of this Act repealed. may continue to be cited by the short titles in that schedule mentioned.

Mayor of

certain

boroughs to

Returning Officers at Parliamentary Elections.

244.—(1.) In boroughs, other than cities and towns being counties of themselves, the mayor shall be the returning officer at be returning parliamentary elections; but this provision shall not extend to the borough of Berwick-upon-Tweed.

officer in parlia

mentary

elections.

(2.) If there are more mayors than one within the boundaries of a parliamentary borough, the mayor of that borough to which the writ of election is directed shall be the returning officer.

(3.) If when a mayor is required to act as returning officer Sect. 244 (3). the mayor is absent, or incapable of acting, or there is no mayor, the council shall forthwith choose an alderman to be returning officer.

This section does not apply to counties.

Disfranchised Parliamentary Boroughs.

c. 102.

245. Where a borough has, in pursuance of the Representation Electors in of the People Act, 1867, or of any Act passed in the session of the disfranchised boroughs. thirty-first and thirty-second years of the reign of Her Majesty, 30 & 31 Vict. ceased to return a member to serve in Parliament, and the persons entitled to vote for the member or members formerly returned by the borough were by law electors for any other purpose, the burgesses of the borough shall be electors for that purpose, and shall in all respects, as regards that purpose, be substituted for the persons so entitled to vote.

This section cannot apply to a county.

Licensing.

of terms

etc., in

246. In the Act of the ninth year of the reign of King George Explanation the Fourth, chapter sixty-one, "to regulate the granting of licenses "town to keepers of inns, alehouses, and victualling houses in England," corporate," the expressions" town corporate," "county or place," and " division Licensing or place," include every borough having a separate commission of Act. the peace, and the expression "high constable" includes any constable of any such borough to whom the justices of the borough direct their precept under that Act.

This section applies only to boroughs.

Freedom of Trading.

free trading

247. Notwithstanding any custom or bye-law, every person in Right of any borough may keep any shop for the sale of all lawful wares in boroughs. and merchandises by wholesale or retail, and use every lawful trade, occupation, mystery, and handicraft for hire, gain, sale, or otherwise within any borough.

Bye-laws cannot be made in restraint of trade. See the cases cited in the notes to s. 23, ante, p. 264.

This section is in fact a proviso to s. 23, and will apply to county byelaws as well as to those of boroughs. See s. 16 of the Local Government Act, ante, p. 42.

Cinque Ports.

248.—(1.) The boroughs of Hastings, Sandwich, Dover, Hythe, Special being four of the Cinque Ports, and the borough of Rye, are in provisions as this section referred to as the five boroughs.

to certain of the Cinque

(2.) The jurisdiction, powers, and authorities of the court of Ports. quarter sessions, recorder, coroner, and clerk of the peace for each