Municipal Corporations Act 1882

Part XIII E+W General

228, 229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 228, 229 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. II

Time E+W

230 Computation of time. E+W

(1) Where by this Act any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day; and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so computed, unless the last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.

(2) Where by this Act any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.

(3) Where by this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time.

231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 231 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. I

232, 233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 Ss. 232, 233 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. II

234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 S. 234 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. II

235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 S. 235 repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. 1 Pt. I

236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 236 repealed by Local Government Act 1929 (c. 17), Sch. 12 Pt. IV

237 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W

Textual Amendments

F7 S. 237 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. I

238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W

Textual Amendments

F8 S. 238 repealed by Rating and Valuation Act 1925 (c. 90), Sch. 8

239, 240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 Ss. 239, 240 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II

241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 241, 242(2) repealed by Administration of Justice Act 1973 (c. 15)

Substitution in former Acts E+W

242 Provision for references in unrepealed enactments to 5 & 6 Will. 4. c. 76, &c. E+W

(1) In the several enactments described in Part I of the Ninth Schedule, a reference to this Act shall be deemed to be substituted for a reference to the M1 Municipal Corporations Act, 1835, and any Act amending it.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(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.

Textual Amendments

F11 Ss. 241, 242(2) repealed by Administration of Justice Act 1973 (c. 15)

Marginal Citations

M1 1835 c. 76.

243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 S. 243 repealed by Statute Law Revision Act 1898 (c. 22)

244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W

Textual Amendments

F13 S. 244 repealed by Representation of the People Act 1918 (7 & 8 Geo. 5 c. 64), Sch. 8

245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 S. 245 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. II

246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 246 repealed by Statute Law Revision Act 1966 (c. 5)

Freedom of Trading E+W

247 Right of free trading in boroughs. E+W

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

Cinque Ports E+W

248 Special provisions as to certain of the Cinque Ports. E+W

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(5) The non-corporate members and liberties of the five boroughs and such corporate members thereof as have not a separate court of quarter sessions shall be charged by the respective courts of quarter sessions of the five boroughs, with a due proportion of all those expenses of the five boroughs, to the payment whereof rates in the nature of county rates are applicable; and such rates may be assessed and levied in the manner in which rates of that description were assessed and levied before the passing of the M2 Municipal Corporations Act, 1835, under any enactment then in force, but subject to the operation of any subsequent enactment affecting the same.

(6)(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F16 S. 248(2) repealed by Coroners Act 1988 (c. 13, SIF 33), ss. 33, 36(2), Sch. 4

F17 S. 248(3)(4)(6)(7) repealed by Justices of the Peace Act 1949 (c. 101), s. 46(2), Sch. 7 Pt. III

Marginal Citations

M2 1835 c. 76.

249 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 S. 249 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II

Savings E+W

250 Saving for existing corporations. E+W

(1) Nothing in this Act shall prejudicially affect any charter granted before the commencement of this Act, or take away, abridge, or prejudicially affect any of the rights, powers, privileges, estates, property, duties, liabilities, or obligations vested in or imposed on any municipal corporation existing at the commencement of this Act, or in or on the mayor, or the council of a borough then existing, or any members or committee of the council, by the incorporation of the inhabitants of the borough, or by transfer from any other authority, or otherwise; but every such charter shall continue to operate, and every such corporation shall continue to have perpetual succession and a common seal, and to be capable in law by the council to do and suffer all acts which at the commencement of this Act they and their successors respectively may lawfully do or suffer, and the corporation and all members and officers thereof and their sureties, and every such mayor, and every such council and committee, and every such officer, shall continue to have, enjoy, and be subject to the like rights, powers, offices, privileges, estates, property, duties, liabilities, and obligations, as if this Act had not been passed, without prejudice, nevertheless, to the operation of the repeal of enactments by this Act, and to the other express provisions of this Act.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F19 S. 250(2)(3) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. II

F20 S. 250(4)(5) repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. II

251 Saving for local Acts. E+W

Nothing in this Act shall alter the effect of any local Act of Parliament.

252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 S. 252 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

253 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 S. 253 (including that section as applied by Air Force (Application of Enactments) (No. 2) Order 1918) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XI

254 Saving for dockyards, barracks, &c. E+W

Nothing in this Act shall affect the watching, paving, or lighting, or the internal regulations for the government, of any of Her Majesty’s dockyards, victualling establishments, arsenals, barracks, or other naval or military establishments, or make the tenements therein or the inhabitants thereof liable to any rate for watching, paving, or lighting.

Modifications etc. (not altering text)

C1 Power to apply s. 254 given by Civil Aviation Act 1949 (c. 67), s. 23(8)(9)(d) and Supply Powers Act 1975 (c. 9), s. 2, Sch. 1 Pt. I

C2 S. 254 extended by S.R. & O. 1918/548 (Rev. I, p. 896: 1918 I, p. 50) and S.I. 1965/1536

255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 S. 255 repealed by Coroners Act 1988 (c. 13, SIF 33), ss. 33, 36(2), Sch. 4

256 Saving for Lord Warden. E+W

Nothing in this Act shall affect the jurisdiction and office of the Lord Warden in his office of Admiral of the Cinque Ports.

257 Saving for universities. E+W

Nothing in this Act shall—

(1) Affect the rights, privileges, duties, or liabilities of the chancellor, masters, and scholars of the Universities of Oxford and Cambridge respectively, as by law possessed under the respective charters of those universities or otherwise; or

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(5) Authorize the levy of any rate within the precincts of those universities, or of any of the colleges or halls thereof, which now by law cannot be levied therein, or make either of those universities, or the members thereof, liable to any rate to which they are not liable to contribute at the commencement of this Act; or

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(7) Affect the rights or privileges granted by charter or Act of Parliament to the University of Durham.

Textual Amendments

F24 S. 257(2)(3)(6) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. II

F25 S. 257(4) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

258 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 S. 258 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20, Sch. 5 Pt. II

259 Saving for royal prerogative. E+W

Nothing in this Act shall prejudicially affect Her Majesty’s royal prerogative; and the enabling provisions of this Act shall be deemed to be in addition to, and not in derogation of, the powers exerciseable by Her Majesty by virtue of her royal prerogative.

260

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 S. 260(1)(3) repealed by Statute Law Revision Act 1898 (c. 22) and expressed to be repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

F28 S. 260(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV