Municipal Corporations (Ireland) Act 1840

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.

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".

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".

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".^[2]

There were 30 corporations that had become extinct since the Union.^[3]

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.^{[citation needed]}

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.^[4]

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.^{[citation needed]}

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.^[5]