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Special
Constat es

(3.) He shall act when so required by the warrant of a justice having jurisdiction in the borough, but not otherwise.

(4.) The warrant shall recite that in the opinion of the justice the ordinary police force of the borough is insufficient at the date of the warrant to maintain the peace of the borough.

(5.) Nothing in this section shall make any person having a right to vote at a parliamentary election liable or compellable to serve as a special constable at or during the election.

(6.) Special constables shall be entitled to remuneration as appearing by the Fourth and Fifth Schedules.

[The effect of section 83 of the Act of 1835, section 12 of 31 & 32 Vict. c. 72 (1868), section 8 of 17 & 18 Vict. c, 102 (1854), and 1 & 2 Will. 4, c. 41 (1831), is preserved in this clause. See Reg. v. Hulton (13 Q. B., 592).

The remuneration (which may not be paid without an order from the council) referred to in subsection 6 is set out in paragraph 4 of the Fourth Schedule, and is as follows:-

Special Constables. To a special constable, for every day during which he is / Three shillings and called out to act as such

sixpence).

Watch Rate.

Watch Rate.

Levy of watch rato.

197.-(1.) Where at the commencement of this Act any rate might be levied in a borough, or in any part of a borough, for the purpose of watching solely by day or by night, or for the purpose of watching by day or by night conjointly with any other purpose, the council may from time to time make and levy a watch rate on the occupiers of all hereditaments within such parts of the borough as are watched by day and by night, and as are from time to time, by order of the council, declared liable to watch rate.

(2.) The watch rate shall be made on an estimate of the net annual value of the several hereditaments rated thereto, that is to say, of the rent at which, one year with another, they might in their actual state be reasonably expected to let from year to year, the probable annual average cost of the repairs, insurances, and other expenses necessary to maintain them in their actual state, and all rates, taxes, and public charges, except tithes or tithe commutation rentcharge (if any), being paid by the tenant.

(3.) The watch rate may be made by one rate made yearly, or by two or more rates made half-yearly or otherwise, and may be of any amount, in the discretion of the council, not exceeding in any year eightpence in the pound on the net annual value of Watch Rute. the hereditaments rated thereto.

[See hereon 22 & 23 Vict. c. 32, s. 6).

(4.) For the purposes of the watch rate the council and all persons concerned, including overseers, shall have all powers given to them in respect of the borough rate for ordering, making, assessing, levying, raising, collecting, or paying the same, or as near thereto as the nature of the case admits.

(5.) The provision of this Act relating to orders of vestries for the rating, in some cases, of owners, instead of occupiers, shall extend to the watch rate.

(6.) Nothing in the foregoing provisions of this section (except the general power to levy a watch rate) shall apply to any borough in which the borough fund is sufficient with the aid of the amount only of watch rate which could for the time being be raised therein under the Municipal Corporations Act, 1835, and without the aid of any borough rate, to defray the expenses of the constabulary force of the borough, with all other expenses legally payable out of the borough fund; but nothing in the present provision shall affect any benefit or right reserved by Part X., or make the borough fund liable to any expenses with which it would not be otherwise chargeable.

(7.) Nothing in this section shall affect the liability of the borough fund to make good any deficiency of the watch rate towards the expenses of the police.

(8.) Nothing in this section shall make liable to watch rate any hereditaments exempted by any local Act from payment of watch rate.

(9.) Nothing in this section shall alter the comparative liability to watch rate of any hereditaments which are under any local Act in respect of any watch rate entitled to any deduction from, or chargeable with any increase on, an equal pound rate; but the like comparative deductions and increased charges shall be made under this section.

[The effect of section 92 of the Act of 1835, and 2 & 3 Vict. c. 28 (1839), is preserved in this clause. The notes and comments following the clauses which deal with the borough fund (pages 127 to 130 ante) may be referred to here).

198.-(1.) Where part only of a parish is liable to watch Watcl rate in

divided parish. rate, the overseers shall not pay out of the poor rate the amount of the watch rate charged by the council on that parish, but

Bulch Rate. shall make a separate rate or assessment on the part or parts

only of the parish liable to watch rate; which rate shall be made in like manner and under like regulations and with like means and remedies for recovery thereof as in the case of a rate levied in respect of the contribution towards a borough rate.

(2.) No such separate rate shall be demanded, collected, or payable until it has been allowed by two justices usually acting in and for the borough and has been published, as a poor rate is by law required to be allowed and published.

(3). Any person who thinks himself aggrieved by such a separate rate may appeal to the recorder at the next quarter sessions for the borough, or if there is none to the next court of quarter sessions for the county wherein the borough is situate, or whereto it is adjacent; and the recorder or court shall hear and determine the same, and shall award relief in the premises as in cases of appeal against a poor rate.

(4.) Every such separate rate may be of the rate in the pound necessary for raising the sum charged by the council, but not exceeding twopence in the pound beyond the rate in the pound at which the council have computed the watch rate charged by them.

(5.) The overseers shall account for money collected under such a separate rate as for money collected under a poor rate; and if there is a surplus in their hands, they shall pay it to the treasurer, to go to the borough fund, to the credit of the place for which the rate was made, and in part payment of the next watch rate laid on that place by the council.

(6.) The council or a committee appointed for this purpose, on application on behalf of any person rated to such a separate rate to be discharged therefrom, and on proof of his inability through poverty to pay the amount charged on him, may order that he be excused from the payment thereof, and may strike out his name therefrom ; and the sum at which he was rated shall not thereafter be collected, nor shall any person be charged with it or be liable to account for it or for omitting to collect or receive it.

(7.) The overseers making any such separate rate may, by warrant from two justices usually acting in and for the borough, levy on every person refusing to pay the rate the amount charged on him, with the costs and charges of recovering and enforcing payment thereof, to be ascertained by the justices, by

distress and sale of the offender's goods, rendering to him the Watch Rals. overplus; and in default of such distress two justices may commit him to prison, there to remain without bail until payment of the amount and arreurages.

[The effect of sections 2, 3, 4, 5, 6, and 7 of 8 & 9 Vict. c. 110 (1815) is preserved in this clause).

199.–Any warrant required for the levy or collection of a Warrant for

lovy of watch watch rate or separate rate may be issued by the mayor, signed rate. by him, and sealed with the corporate seal.

[The effect of section 5 of 6 & 7 Will. 4, c. 104 (1836) is preserved in this clause).

to go to

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

borough fund. [The effect of section 92 of the Act of 1835 is preserved in this clausu).

ᏢᎪᎡᎢ X.

Freemen.

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 opinions of two learned writers as to the qualifications of a " freeman"
or “burgess” have been already quoted (see page 5), but another and no less
valuable authority* thus intelligibly defines a " townsman” or “freeman"
“ They were deemed townsmen who had a settled dwelling in the town, who
merchandised there, who were of the hans (hans-hur) or hanse-house" (being a
designation for the hall of the Common Mercatory Guild similar to that which
formed the germ of the institutions of the Hans Towns), “ who were in scot
and lot, and who used and enjoyed the liberties and free customs of the town."
The freedom of a borough was obtained under a variety of forms, which, how.
ever, may be included under the following general titles,-

Gift by the Governing Body,
Purchase,
Birth,
Marriage,
Servitude,
Membership of Trade Guilds, and

Possession or Occupancy of House or Land Property.
The rights saved under the Act of 1835 legalize the beneficial interests therein
without reference to the manner in which they originated. See Prestney v. The
Mayor of Colchester, &c. L. R. 21 Ch, D. 111].

Freedom
not by gift
or purchase.

The freemen's toll,

202.-No person shall be admitted a freeman by giftt or by purchase. [The effect of section 3 of the Act of 1835 is preserved in this clause.]

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 effect of section 5 of the Act of 1835 is preserved in this clause. The Roll should contain the following class of persons :

1. All persons who on the 9th of September, 1835, had been admitted as burgesses or freemen.

2. All persons who were entitled on the 9th of September, 1836, to have been admitted, and who have since been admitted.

3. All persons who since the 9th of September, 1835, have become entitled to be and have been admitted in respect of birth, servitude, or marriage.]

• Madox--Firma Burgi, p. 269.

+ See Appendix for 48 & 49 Vict. c. 29 (Honorary Freedom of Boroughs Act, 1885), which provides for conferring the honorary freedom of a borough on persons of distinction,

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