The Municipal Corporations Act (Ireland) 1840 (3 & 4 Vict. c. 108) was an act of the Parliament of the United Kingdom. It was one of the Municipal Corporations (Ireland) Acts 1840 to 1888.The Short Titles Act 1896, section 2(1) and Schedule 2
The act followed similar lines to the Municipal Corporations Act 1835 which reformed municipal boroughs in England and Wales. Prior to the passing of the act, there were 68 borough corporations in Ireland. However, many of them were ineffective, some were virtually defunct and none of them in any way representative of their populations. The act dissolved all but 10 of the corporations.
Background At the Acts of Union 1800, there had been 117 boroughs entitled to send MPs to the Irish House of Commons. From 1801, this number was reduced to 33 boroughs entitled to send MPs to the United Kingdom House of Commons.
Defunct corporations Commissioners were reported to inquire into the state of municipal corporations in Ireland. They found that 99 had actually exercised any functions in the previous century.
In addition, there were seven boroughs which were "at not very remote periods, Corporate Municipalities, acting, or at least constituted, under Royal Charters still on record".
Borough County Baltimore Cork Clogher Tyrone Dungarvan Waterford Lismore Waterford Mallow Cork Newry Down Tallagh Waterford
There were five boroughs, "the existence either of a corporation or of burgage tenure is noticed in ancient records, but no charter of incorporation [was] discovered".
Borough County Clonmines Wexford Downpatrick Down Ratoath Meath Swords Dublin Taghmon Wexford
There were six boroughs "though possessing charters empowering them to return Members of Parliament, never, as far as we have been able to trace, possessed the character of Municipal Corporations".1835 Report, p. 6
Borough County Antrim Antrim Doneraile Cork Lisburn Antrim Mullingar Westmeath Randalstown Antrim Rathcormac Cork
There were 30 corporations that had become extinct since the Union.1835 Report, p. 8
Borough County Askeaton Limerick Athboy Meath Augher Tyrone Ballinakill Queen's County Ballyshannon Donegal Banagher King's County Bannow Wexford Blessington Wicklow Carrick-on-Shannon Leitrim Carysfort Wicklow Castlebar Mayo Donegal Donegal Dunleer Louth Feathard Wexford Fore Westmeath Gowran Kilkenny Granard Longford Harristown Kildare Jamestown Leitrim Killybegs Donegal Knocktopher Kilkenny Lanesborough Longford Limavady Londonderry New Castle near Lyons Dublin Old Leighlin Carlow Philipstown King's County Roscommon Roscommon St Johnston Donegal St Johnston Longford Tulsk Roscommon
The reformed corporations
The ten reformed corporations, which were named in Schedule A to the act were to be styled as Mayor, Aldermen and Burgesses, with the exception of Dublin where the title Right Honourable Lord Mayor was retained.
Borough County Belfast Antrim and Down Clonmel Tipperary Cork (County of the City) Cork Drogheda (County of the Town) Louth and Meath Dublin (County of the City) Dublin Kilkenny (County of the City; merging the former boroughs of Kilkenny and Irishtown) Kilkenny Limerick (County of the City) Limerick Londonderry (City) Londonderry Sligo Sligo Waterford (County of the City) Waterford
Dissolved boroughs Under section 13 of the act, the remaining 58 borough corporations were dissolved on 25 October 1840. The extinguished boroughs were listed in schedules B and I of the act. Boroughs in schedule B could petition for a grant of a charter restoring borough status, as could any town with a population of more than 3,000.
In 1845, Wexford and Cashel both applied for restoration of their charters. This was granted in the case of Wexford.
Boroughs in Schedule B were also listed separately in Schedule G if it appeared from the Report that the body corporate had property exceeding a value of £100, and if Schedule H if they did not.
Boroughs in Schedule I were already effectively extinct at the time of the passing of the act, and so were not permitted to apply for such a charter.
+Boroughs in Schedule B Borough County G or H Ardee Louth G Armagh (City) Armagh H Athlone Roscommon and Westmeath G Athy Kildare G Bandon or Bandon Bridge Cork H Boyle Roscommon H Callan Kilkenny H Carlow Carlow G Carrickfergus (County of the Town retained) Antrim G Cashel (City) Tipperary G Charleville Cork H Cloghnakilty Cork G Coleraine Londonderry G Dingle Kerry H Dundalk Louth H Dungannon Tyrone H Ennis Clare H Enniscorthy Wexford H Enniskillen Fermanagh H Fethard Wexford H Galway (County of the Town retained) Galway Gorey Wexford H Kells Meath G Kinsale Cork G Longford Longford H Maryborough Queen's H Monaghan Monaghan H Naas Kildare G Navan Meath H New Ross Wexford G Portarlington Queen's and King's H Strabane Tyrone G Tralee Kerry G Trim Meath G Tuam Galway G Wexford Wexford G Wicklow Wicklow G Youghal Cork G
+Boroughs in Schedule I Borough County Ardfert Kerry Athenry Galway Baltinglass Wicklow Bangor Down Belturbet Cavan Carlingford Louth Castlemartyr Cork Cavan Cavan Charlemont Armagh Duleek Meath Hillsborough Down Inistioge Kilkenny Kilbeggan Westmeath Kildare Kildare Killileagh Down Kilmallock Limerick Lifford Donegal Midleton Cork Newtownards Down Thomastown Kilkenny
Town commissioners
Many of the extinguished boroughs had an additional form of local government in place, in the form of commissioners appointed under the Lighting of Towns (Ireland) Act 1828. Where such a body existed, it was deemed to be the successor to the corporation. Section 16 of the act provided that any borough dissolved with property worth more than £100, and which did not have commissioners under the 1828 act, should have a board of municipal commissioners established. In most cases, the commissioners appointed under the terms of the 1840 act eventually adopted the terms of the 1828 act or its replacement, the Towns Improvement (Ireland) Act 1854. By 1876, only Carrickfergus was still governed by commissioners appointed under the 1840 act.
Notes
References
Bibliography Primary
Bills: 1835 HC; 1836 HC, HL, HC amend Lords; 1837 HC, recommit; 1837–8 HC, recommit, 2nd recommit, O'Connell amendments; 1838 HC, HL, HL and HC and HL; 1839 HC, commit, 2nd recommit, HL; 1840 HC recommit, HL. Municipal Corporations Commissioners (HC 1835 xxvii–xxviii and HC 1836 xxiv [23–29] ): Report, Supplement, Appendix: circuits reporting on towns Pt 1: S, Mid, W, SE, and pt NE, Pt 2: end NE and pt NW, Pt 3: end NW; Dublin Contents, pt 1 pp.1–116, pt 2 pp.117–2 Municipal Boundaries Commissioners (HC 1837 xxix 1) Report, Maps {|class="wikitable" |+Hansard debates on Municipal Corporations (Ireland) Bills, 1835–1840 !rowspan=2| Session !!colspan=3| Commons !! colspan=3| Lords !!colspan=3| Other house's amendments |- ! (1st &) 2nd r !! Ctee !! 3rd r !! 2nd r !! Ctee (& Rpt) !! 3rd r !! L in C !! C in L !! 2nd L in C |- | 1835 | 1st r: Jul 312nd r: Aug 10 12 | Aug 13 | Aug 17 |- |1836 | Feb 29 | Mar 7 8 14 18 21 22 23 | Mar 28 | Apr 18 | Apr 26, May 9 16 | May 18 | May 19, Jun 10 13 | Jun 17 27 | Jun 30 |- |1837 | 1st r: Feb 7 82nd r: Feb 17 | Feb 20 21 22, Mar 20 | Apr 10 11 | Apr 13 25 | May 5 Jun 9 |- |1837–38 | 1st r: Dec 5 112nd r: Feb 2 | May 29, Jun 1 11 15 18 | Jun 25 | Jul 9 | Jul 12 | Jul 27 | Aug 2 | Aug 4 | Aug 9 |- |1839 | 1st r: Feb 142nd r: Mar 1 8 22 | Jun 28 Jul 4 | Jul 15 | Jul 22 | Jul 25 | Aug 5 | Aug 12 |- |1840 | Feb 14 | Feb 24 28, Mar 3 | Mar 9 | Mar 23, May 4 | May 14 15, Jun 12 19 29, Jul 6Rpt: Jul 10 | Jul 20 31 | Aug 3 | Aug 5 6 | Aug 7
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