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Municipal Corporations Act 1882

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This is the original version (as it was originally enacted).

Borough Fund.

139Payments to borough fund.

The rents and profits of all corporate land, and the interest, dividends, and annual proceeds of all money, dues, chattels, and valuable securities belonging or payable to a municipal corporation, or to any member or officer thereof in his corporate capacity, and every fine or penalty for any offence against this Act (except where and as far as the application thereof is otherwise provided for) shall go to the borough fund.

140Application of borough fund.

(1)The borough fund shall be applicable to and charged with the several payments specified in the Fifth Schedule.

(2)The payments specified in Part I. of that schedule may be made without order of the council; those specified in Part II. may not be made without such order.

(3)No other payment shall be made out of the borough fund, except—

(a)Under the authority of an Act of Parliament; or

(b)By order of the council; or

(c)By order of the court of quarter sessions for the borough; or

(d)By order of a justice in pursuance of this Act; or

(e)In cases in which the court of quarter sessions for a county, or a justice acting in and for a county in the discharge of his judicial duty, might make an order for the payment of money on the treasurer of the county.

(4)Saving, nevertheless, in relation to the application of the borough fund as authorized by this section, or otherwise by this Act, all rights, interests, and demands of all persons in or on the real or personal estate of the municipal corporation, by virtue of any legal proceeding, or of any mortgage, or otherwise.

141Orders for payment of money.

(1)An order of the council for payment of money out of the borough fund shall be signed by three members of the council, and countersigned by the town clerk.

(2)Any such order may be removed into the Queen's Bench Division of the High Court by writ of certiorari, and may be wholly or partly disallowed or confirmed on motion and hearing, with or without costs, according to the judgment and discretion of the court.

142Payments to and by treasurer.

(1)All payments to and out of the borough fund shall be made to and by the treasurer.

(2)All payments to the treasurer shall go to the borough fund.

143Application of surplus of borough fund.

(1)If the borough fund is more than sufficient for the purposes to which it is applicable under this Act, or otherwise by law, the surplus thereof shall be applied under the direction of the council for the public benefit of the inhabitants and improvement of the borough.

(2)If the surplus arises from the rents and profits of the property of the municipal corporation, and not from a borough rate. and the borough is a sanitary district under the Public Health Act, 1875, then the municipal corporation, as the sanitary authority for the borough, may apply the surplus in payment of any expenses incurred by them as such sanitary authority, before or after the commencement of this Act, in improving the borough, or any part thereof, by drainage, enlargement of streets, or otherwise, under the Public Health Act, 1875, or any Act thereby repealed.

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