Municipal Corporations (Ireland) Act 1840


The Municipal Corporations Act 1840 was an act of the Parliament of the United Kingdom. It was one of the Municipal Corporations (Ireland) Acts 1840 to 1888.
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".
BoroughCounty
BaltimoreCork
ClogherTyrone
DungarvanWaterford
LismoreWaterford
MallowCork
NewryDown
TallaghWaterford

There were five boroughs, "the existence either of a corporation or of burgage tenure is noticed in ancient records, but no charter of incorporation discovered".
BoroughCounty
ClonminesWexford
DownpatrickDown
RatoathMeath
SwordsDublin
TaghmonWexford

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".
BoroughCounty
AntrimAntrim
DoneraileCork
LisburnAntrim
MullingarWestmeath
RandalstownAntrim
RathcormacCork

There were 30 corporations that had become extinct since the Union.
BoroughCounty
AskeatonLimerick
AthboyMeath
AugherTyrone
BallinakillQueen's County
BallyshannonDonegal
BanagherKing's County
BannowWexford
BlessingtonWicklow
Carrick-on-ShannonLeitrim
CarysfortWicklow
CastlebarMayo
DonegalDonegal
DunleerLouth
FeathardWexford
ForeWestmeath
GowranKilkenny
GranardLongford
HarristownKildare
JamestownLeitrim
KillybegsDonegal
KnocktopherKilkenny
LanesboroughLongford
LimavadyLondonderry
New Castle near LyonsDublin
Old LeighlinCarlow
PhilipstownKing's County
RoscommonRoscommon
St JohnstonDonegal
St JohnstonLongford
TulskRoscommon

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.
BoroughCounty
BelfastAntrim and Down
ClonmelTipperary
Cork Cork
Drogheda Louth and Meath
Dublin Dublin
Kilkenny Kilkenny
Limerick Limerick
Londonderry Londonderry
SligoSligo
Waterford 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. 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.
Wexford's application for restoration of its charter was granted in 1846. Cashel also applied, but without success.
Boroughs in Schedule B
BoroughCounty
ArdeeLouth
Armagh Armagh
AthloneRoscommon and Westmeath
AthyKildare
Bandon or Bandon BridgeCork
BoyleRoscommon
CallanKilkenny
CarlowCarlow
Carrickfergus Antrim
Cashel Tipperary
CharlevilleCork
CloghnakiltyCork
ColeraineLondonderry
DingleKerry
DundalkLouth
DungannonTyrone
EnnisClare
EnniscorthyWexford
EnniskillenFermanagh
FethardWexford
Galway Galway
GoreyWexford
KellsMeath
KinsaleCork
LongfordLongford
MaryboroughQueen's
MonaghanMonaghan
NaasKildare
NavanMeath
New RossWexford
PortarlingtonQueen's and King's
StrabaneTyrone
TraleeKerry
TrimMeath
TuamGalway
WexfordWexford
WicklowWicklow
YoughalCork

Boroughs in Schedule I
BoroughCounty
ArdfertKerry
AthenryGalway
BaltinglassWicklow
BangorDown
BelturbetCavan
CarlingfordLouth
CastlemartyrCork
CavanCavan
CharlemontArmagh
DuleekMeath
HillsboroughDown
InistiogeKilkenny
KilbegganWestmeath
KildareKildare
KillileaghDown
KilmallockLimerick
LiffordDonegal
MidletonCork
NewtownardsDown
ThomastownKilkenny

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.