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User:Jnestorius/County corporate

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<County corporate

"Counties Corporate". Law Times. 142 (3849): 169. 1917-01-06.

Southampton's 1477 charter made it and Portsmouth together into a single county.[1]

The Counties of Cities Act 1798 allowed (s.1) certain trials to be moved to "the next adjoining counties" from "the county of any city or town corporate within that part of Great Britain called England" but excepted (s.10) the cities of London and Westminster and the borough of Southwark, and the cities and counties of Bristol, Chester, and Exeter.

Municipal Corporations Act 1835

  • s.61 regulates appointment of sheriffs in counties corporate (and in Oxford city).
  • s.109 voters can vote in neighbouring county constituency — as well as or instead of borough constituency?

"Some farther provisions as to counties corporate are contained in"

Contagious Diseases (Animals) Act 1878 SEVENTH SCHEDULE:

In and for purposes of this Schedule and Part III. "county" does not include county of a city.

Since Part II and Seventh schedule relate to Scotland, the proviso is the exception that proves that there were counties of cities in Scotland in 1878.

Commentaries on the Laws of England William Blackstone / Serjeant Stephen

1st (1765), vol.1 p.112:
"There are also counties corporate; which are certain cities and towns, some with more, some with less territory annexed to them; to which out of special grace and favour the kings of England have granted to be counties of themselves, and not to be comprized in any other county; but to be governed by their own sheriffs and other magistrates, so that no officers of the county at large have any power to intermeddle therein. Such are London, York, Bristol, Norwich, Coventry, and many others."
15th edition (1908) vol.1 p.81:
quotes Blackwood
"As such counties corporate constitute no part of the counties in which they are locally situate, so they had formerly, in general, no share in voting for the members to serve for those counties in Parliament; nor were they included within their respective counties, so far as regards the trial of offenders. But these exemptions have now been very largely abolished."
cites Redistribution of Seats Act 1885 and Local Government Act 1888.
17th edition (1922) vol.1 p.473–4:
  • Distinguish "counties corporate" from post-1888 "county boroughs", though some are both
  • privilege by charter or prescription
  • own sheriffs, exempt from adjoining county sheriff
    • Oxford has sheriff but not county corporate [does this imply city not exempt from Oxfordshire sheriff?]
  • Formerly criminal and civil cases "could only be tried therein, and before juries drawn therefrom"; for criminal some still [1922]
  • Otherwise same as "other municipal boroughs"

Berwick-upon-Tweed edit

The Commissioners on Municipal Corporations reported that Berwick-upon-Tweed was a borough and not in any county but not a county corporate.

R. v. Cowle (1759) [2 Burr. 834] proved trials for Berwick could be held in Northumberland as next adjoining county, although, as in Wales, the king's writ for some purposes did not run there.[2]

A small part of the county of Durham is nearer to Berwick than Northumberland is: but at the time of first sending process to the latter, the King's writ did not run to the former, being a county palatine. So that Northumberland was the nearest English county, for the purpose of trial; as the King's writ did not run to Durham.[3]

Municipal Corporations Act 1835 s.109 removed the 1798 exceptions for Bristol, Chester, and Exeter; and enacted "that the town of Berwick-upon-Tweed shall be taken to be a county of a town corporate, and to be within all the provisions of the [Counties of Cities Act 1798].

coppperfastened by Berwick-upon-Tweed Act 1836 s.6 "That the borough and town of Berwick-upon-Tweed, within the limits assigned to it by the [1835] Act, or hereafter to be assigned it by authority of Parliament, shall he a county of itself to all intents and purposes, except only so far as relates to the return of a member or members to serve in Parliament; and that the provisions of the [Fines and Recoveries Act 1833], and the modes of assurance therein provided, shall extend and apply to lands locally situated in the said borough, town and county, any law, statute, custom, or,usage to the contrary notwithstanding."

National Association of City & Town Sheriffs of England & Wales:[4]

The office prior to 1974 existed under the provisions of the Municipal Corporations Act of 1835, which enacted that the town of Berwick-upon-Tweed was to be a county and town corporate. The Berwick-upon-Tweed Act, 1836, further declared and enacted that the borough and town of Berwick-upon-Tweed was to be a county in itself to all intents and purposes, except only in so far as it related to the return of a Member or Members of Parliament. .. Although there is a line of individual Sheriffs since 1836, little of the history of the Office is known before then. The Office of Sheriff is referred to in the Charter of Edward I (1302) and it is known that there are references to the appointment of a Sheriff of Berwick by Edward III on 25th July 1333, following his victory at the battle of Halodon Hill.

Municipal Corporations Act 1835 edit

s.61 gave Oxford a sheriff despite not making it a county corporate

Commissioners' proceedings
Publications which merely excerpt the report for a borough, rather than additional minutes, proceedings, etc.
Coventry The Report of the Municipal Commissioners on the City and County of the City of Coventry. Henry Merridew. 1835.
Parallel investigations
Commissioners' reports
Bill petitions
  • Minutes of evidence: taken in support of the allegations of the several petitions against the bill, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales". August 1835.; 1835-08-04. Vol. 1. 1835. pp. 3–111.; 1835-08-05. Vol. 2. 1835. pp. 113–148.; 1835-08-06. Vol. 3. 1835. pp. 151–254.; 1835-08-07. Vol. 4. 1835. pp. 257–353.; 1835-08-07. Vol. 5. 1835. pp. 357–413.
Synopses of act

References edit

  1. ^ Gidden, H. W., ed. (1909). The charters of the borough of Southampton. Publications of the Southampton Record Society. Vol. 1: John–Edward IV. (A.D. 1199–1480). Southampton: Cox & Sharland. p. 72.
  2. ^ Blackstone, William (1836). "Introduction; Section IV". Commentaries on the Laws of England. Vol. I (from the 18th London ed.). New York: W. E. Dean. p. 71 [99] fn.10.
  3. ^ 2 Burr. 834 at 861
  4. ^ "Berwick-upon-Tweed". National Association of City & Town Sheriffs of England & Wales. Retrieved 4 August 2020.
  5. ^ HL 1837–38 li p.48
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