As to the warrant for the levy of a separate rate as watch rate, see sec. 200. A poor rate is required to be published on the Sunday next after its allowance by justices by affixing a notice of the making of the rate, previous to divine service, on or near to the usual or principal door of each of the churches or chapels within the parish or township. In a parish in which there is no church or chapel, the rate is to be deemed to be duly published if, within fourteen days after the making of the rate, notice thereof has been given by affixing such notice in some public or conspicuous place or situation in the parish. 3 As to appeals against a poor rate, see p. 132.

This provision is made to meet the case of a portion of the rate becoming irrecoverable, and to admit of the payment of the expenses attending the collection of the rate, &c.

5 With regard to the accounting by overseers for money collected under a poor rate, see pp. 133 and 134.

Warrant for Levy of Watch Rate.

199. Any warrant required for the levy or collection of a watch rate or separate rate may be issued by the mayor, signed by him, and sealed with the corporate seal.

Watch Rate to go to Borough Fund.

200. All money raised by a watch rate, or by a separate rate as last aforesaid, shall go to the borough fund.

PART X.

FREEMEN.

Definition of Freeman.

201. In this Part the term freeman includes any person of the class whose rights and interests were reserved by the Municipal Corporations Act, 1835, under the name either of freemen or of burgesses.

The Municipal Corporations Act, 1835, reserved the rights of every person who had been admitted, or who might thereafter have been admitted a freeman or burgess of the borough, if that Act had not been passed.

Freedom not by Gift or Purchase.

202. No person shall be admitted a freeman by gift or by purchase.

The Freemen's Roll.

203. The town clerk of every borough for which at the commencement of this Act there is a Freemen's Roll shall continue to keep a list, called the Freemen's Roll.

The freemen's roll is to be open to public inspection, and the town clerk is to deliver copies thereof to any person on payment of a reasonable price for each copy. (Sec. 233 (5)).

Admission to Freedom.

204. Where a person is entitled to be admitted a freeman for the purposes of this Part in respect of birth, servitude, or marriage, and claims accordingly, the mayor shall examine into the claim, and on its being established the claimant shall be admitted and enrolled by the town clerk on the Freemen's Roll.

Reservation of Rights of Property to Freemen and Others.

205.-(1.) Every person who had before the passing of the Municipal Corporations Act, 1835, been admitted a freeman, or if that Act had not been passed might have been so admitted otherwise than by gift or purchase, and (2.) Every person who for the time being is

(a.) An inhabitant of a borough, or

(b.) Wife, widow, son, or daughter of a freeman,

or

(c.) Husband of a daughter or widow of a free

man, or

(d.) Bound an apprentice,—

shall, subject to the provisions of this Part, have and enjoy and be entitled to acquire and enjoy the same share and benefit of the hereditaments, and of the rents and profits thereof, and of the common lands and public stock of any borough or body corporate, and of any property held in whole or in part for any charitable uses or trusts, as if the Municipal Corporations Act, 1835, or this Act, had not been passed.

See Prestney v. Mayor, &c., of Colchester, L. R., 21 Ch. D. III.

Limit of Value and Saving as to Conditions Precedent. 206.-(1.) The total amount to be divided among the persons whose rights are by the last foregoing section

reserved shall not exceed the surplus remaining after payment of the interest of all lawful debts chargeable on the property out of which the sums so to be divided have arisen, together with the salaries of municipal officers and all other lawful expenses which, on the fifth of June, one thousand eight hundred and thirty-five, were defrayed out of or chargeable on the same.

(2.) Where, if the Municipal Corporations Act, 1835, or this Act, had not been passed, any such person would have been liable by statute, byclaw, charter, or custom, to pay any fine, fee, or sum of money to any body corporate, or to any member, officer, or servant thereof, in consideration of his freedom, or of his or her title to those reserved rights, or there was any condition precedent to any person being entitled to those rights, he or she shall not have any benefit in respect of those rights until he or she has paid that fine, fee or sum to the treasurer on account of the borough fund, or has fulfilled that condition, as far as it is capable of being fulfilled according to the provisions of this Act.

Saving for Power to Question Right.

207. Nothing in this Act shall strengthen or confirm any claim, right, or title of any freeman or of any person to the benefit of any right in this Part reserved, but the same may in every case be brought in question, impeached, and set aside, as if this Act had not been passed.

Reservation of Beneficial Exemptions to Freemen and Others.

208. (1.) Nothing before in this Part contained shall apply to any claim, right, or title of a freeman or of any person to any discharge or exemption from any tolls or dues levied wholly or in part by or for the use or benefit of any borough or body corporate.

(2.) No person shall have any such discharge or exemption except a person who, on the fifth of June, one thousand eight hundred and thirty-five, was an inhabitant, or was admitted or entitled to be admitted a freeman, or was the wife, widow, son, or daughter of a freeman, or was bound an apprentice; and every such person shall be entitled to the same discharge or exemption as if the Municipal Corporations Act, 1835, or this Act, had not been passed.

(3.) But nothing in this Act shall affect the right of any person claiming such discharge or exemption otherwise than as inhabitant or freeman, or member of a municipal corporation, or widow or kin of such an inhabitant, freeman, or member.

Reservation of Parliamentary Franchise, &c.

209.-(1.) Every person who, if the Municipal Corporations Act, 1835, had not been passed, would have enjoyed, as a freeman, or might thereafter have acquired in respect of birth or servitude, as a freeman, the right of voting in a parliamentary election, shall be entitled to enjoy or acquire that right as if that Act or this Act had not been passed.

(2.) No stamp duty shall be chargeable on the admission of any person as a freeman in respect of birth or servitude in a parliamentary borough.

(3.) The town clerk shall do all things appertaining by law to the registration of freemen for parliamentary elections.

PART XI.

GRANT OF CHARTERS.

Power to Crown in granting Charter to Borough to extend to it the provisions of the Municipal Corporations

Acts.

210. If on the petition to the Queen of the inhabitant householders of any town or towns or district in England, or of any of those inhabitants, praying for the grant of a charter of incorporation, Her Majesty, by the advice of Her Privy Council, thinks fit by charter to create such town, towns, or district, or any part thereof specified in the charter, with or without any adjoining place, a municipal borough, and to incorporate the inhabitants thereof, it shall be lawful for Her Majesty by the charter to extend to that municipal borough and the inhabitants thereof so incorporated the provisions of the Municipal Corporation Acts.

The term "Municipal Corporations Acts" is defined by sec. 7 as and any Act to be passed amending this Act."

66

this Act,

Reference to Committee of Council, and Notice of Petition for Charter.

211.—(1.) Every petition for a charter under this Act shall be referred to a Committee of the Lords of Her Majesty's Privy Council (in this Part called the Committee of Council).

(2.) One month at least before the petition is taken into consideration by the Committee of Council, notice thereof and of the time when it will be so taken into consideration shall be published in the London Gazette, and otherwise in such manner as the Committee direct for the purpose of making it known to all persons interested.

The committee of council, if they think fit, may require the draft of a proposed scheme on grant of new charter to be submitted to them either together with the petition for a charter or at any subsequent period. The draft of the proposed scheme is to be published by advertisement, or placards, or handbills, or otherwise as the committee of council think best calculated for giving notice to all persons interested, and before settling the scheme the committee of council are to consider any objections which may be made thereto by any local authority or persons affected thereby. See Seventh Schedule, p 231.

Power by Charter to settle Wards, and by fixing Dates and otherwise to adapt the Municipal Corporations Acts to First Constitution of New Borough.

212.-(1.) Where Her Majesty by a charter extends the Municipal Corporations Acts to a municipal borough it shall be lawful for Her Majesty, by the charter, to do all or any of the following things:

(a.) To fix the number of councillors, and to fix the number and boundaries of the wards (if any), and

to assign the number of councillors to each ward; and (b) To fix the years days and times for the retirement of the first aldermen and councillors; and

(c) To fix such days times and places, and nominate such persons to perform such duties, and make such other temporary modifications of the Municipal Corporations Acts, as may appear to Her Majesty to be necessary or proper for making those Acts applicable in the case of the first constitution of a municipal borough.

(2.) The years days times and places fixed by the charter, and the persons nominated therein to perform any duties, shall, as regards the borough named in the charter, be