aside in like manner as if this act had not been passed.

(1) The effect of this section of the statute is to continue to all persons, who before the passing of the act were entitled to or possessed of corporate benefits, whether by virtue of any usage, custom, bye-law, or otherwise, the enjoyment of them; and to make it obligatory on the corporation, to continue to render to such individuals the benefits which they enjoyed before; subject indeed to anything, which before would have defeated the bye-law or custom under which they were enjoyed-See Baron Parke's judgment in Hopkins v. The Mayor, &c., of Swansea, 4 M. & W. 621.

The declaration in the above action (debt) stated, that certain lands were, in 1762, inclosed by act of Parliament, reciting the fee-simple to be in B.; and that the mayor and burgesses of S. were entitled to the right of pasturage; and it directed that- acres should be allotted to the corporation, who were empowered to lease them on such terms, &c., as the burgesses in common-hall should think proper.-That by a bye-law it was accordingly directed, that leases of the land should be granted to burgesses at certain rents, out of which certain annual payments should be made to the twelve senior burgesses (but that no burgess who should take a lease, should receive any of such rents), by the common attorney of the borough whose office was abolished by the Municipal Act.

Held, that such bye-law was valid, and that an action of debt was maintainable on it at common law, by the parties to whom such payments were granted by it; and that such action was maintainable under this section against the corporation at large.

Held also, that, after payment of any debts chargeable on these particular lands, all the surplus rents should have been paid in discharge of the above demands; and that the true construction of the act of Parliament was, "that the body corporate had not the power to defeat the right of the corporators or freemen by any voluntary act of theirs in favour of other creditors."

See also, s. 92, pòst, saving "all rights, interests, claims, or demands of all persons in and upon the real and personal estate of any body corporate, &c."

See s. 90, pòst, as to bye-laws.

(2) "Exemption from any Tolls," &c.]-This exemption from tolls is extended by s. 9 of 6 & 7 Will. 4, c. 104, which provides, that nothing in this section shall alter or affect the exemption from tolls enjoyed by persons in virtue of other than corporate rights.

See Reg. v. Frost, 8 A. & E. 822, in note to s. 92, pòst.

to be acquired

gift or

III. Provided always, and be it enacted, that from No freedom and after the passing of this act no person shall be by elected, made, or admitted a burgess or freeman of any borough by gift or purchase.

purchase.

IV. And whereas the right of voting in the election of members to serve in Parliament was by an act passed in the second year of the reign of his present Majesty, intituled An Act to amend the Repre- 2 W. 4, c. 45. sentation of the People of England and Wales, preserved to all persons who then were or thereafter might become freemen or burgesses of any city or borough, subject to the conditions and provisions in

chise to free

that act contained (1); Be it therefore enacted, that Reservation of the parliaevery person who if this act had not been passed mentary franwould have enjoyed, as a burgess or freeman, or men. might hereafter have acquired, in respect of birth or servitude, as a burgess or freeman, the right of voting in the election of a member or members to serve in Parliament for any city or borough, shall be entitled to enjoy or acquire such right of voting as fully as if this act had not been passed; and the

Freemen's roll to be made

town clerk of every city or borough returning a member or members to Parliament shall at all times hereafter do and perform all things appertaining to the due registration of the freemen or burgesses of such city or borough according to the provisions of the said act.

(1) The 32nd section of the Reform Act, 2 Will. 4, c. 45, enacts, that freemen are not to vote in future parliamentary elections in boroughs, unlessfresident, &c.; with a proviso, "that no person who shall have been elected, made, or admitted a burgess or freeman since the 1st day of March, 1831, otherwise than in respect of birth or servitude, or who hereafter shall be elected, made, or admitted a burgess or freeman, otherwise than in respect of birth or servitude, shall be entitled to vote as such in any such election for any city or borough as aforesaid, or to be so registered as aforesaid: provided also, that no person shall be so entitled as a burgess or freeman in respect of birth, unless his right be originally derived from or through some person who was a burgess or freeman, or entitled to be admitted a burgess or freeman previously to the 1st day of March, 1831, or from or through some person, who since that time shall have become, or shall hereafter become, a burgess or freeman in respect of servitude."

See Reg. v. Pepper, in note to next section.

V. And be it enacted, that the town-clerk of every out and kept borough shall on or before the first day of December next make out a list, to be called "The Freemen's

by the town

clerk.

Roll (1)," of all persons who at the time of the passing of this act shall have been admitted (2) as burgesses or freemen of such borough; and that whenever any person shall hereafter become entitled to be admitted a burgess or freeman for the purposes aforesaid of such borough in respect of birth, servitude, or mar

riage (3), and shall claim to be admitted accordingly,

the mayor of such borough shall examine into such claim, and upon such claim being established (4) every such person shall thereupon be admitted and enrolled by the town clerk of such borough upon the freemen's roll; and the town clerk shall keep a true copy of such roll, to be perused by any person without payment of any fee at all reasonable times (5), and shall deliver a copy thereof to any person requiring the same, on payment of a reasonable price for such

copy.

(1) " The Freemen's Roll.”]—Previous to this act, the admission and enrolment of freemen were made in the corporation book kept for that purpose. Upon an admission and enrolment under this act (see s. 22) no stamp is required, as was the case on admission and enrolment in order to seeure the exercise of the parliamentary elective franchise; but, in this latter case, it is now provided by the 1 & 2 Vict. c. 35, (which see pòst), that no stamp duty shall be chargeable on the admission of any person entitled to take up his freedom by birth or servitude, in any city or borough in England returning a member or members to serve in Parliament.

This statute is only prospective; so that admissions previous to the passing of it, if required to be given in evidence, must be stamped.

"The Freemen's Roll" will now contain the following classes of persons

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

2nd. All persons, who were entitled on the 9th of September, 1835, to have been admitted, and who have since 7 Will. 4 & 1 Vict. c. 78 (see next note), been admitted.

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

(2) " Shall have been admitted."]-This section, it will be observed, relates only to persons who at the time of the passing of the act shall have been admitted freemen, &c., or who shall thereafter become entitled to be admitted, thus excluding all persons who were entitled to have been admitted, but who had neglected to be so, before the passing of the act. This is now remedied by the 27th section of 7 Will. 4 & 1 Vict. c. 78, which see pòst.

(3) " Birth, Servitude, or Marriage."]-These claims must be examined and decided by the mayor, with reference to the charter, and the local customs and usages of each particular borough; but it should be borne in mind, that no usage, however constant and reasonable, nor any bye-law, can be of any force to alter or control the positive enactment of a charter. See The Helleston case, 2 Doug. 5; and also 3 Doug. 289.

Thus, where, by the usage of a particular borough, a person having served a seven years' apprenticeship to a freeman residing in the town, is entitled to his freedom; and by a byelaw, the indentures must be enrolled by the town-clerk within four months from the date: an apprentice who is bound to a freeman resident only occasionally, and whose service is to be performed at any place, is not entitled to have his 'indentures enrolled. Rex v. Marshall, 2 T. R. 2. See also Rex v. Powell, 8 T. R. 639, where the charter required that all persons, before their admission as a burgess, should be seised and possessed of a freehold estate of a specified value.

See also The Maldon case, F. & F. 658. By the usage in the borough of Maldon, persons were not entitled to their freedom by birth, unless they were born after the admission of their fathers. The corporation having fallen into decay, a new charter was granted in October, 1810. By the provisions of the new charter, all persons were to be placed in the same condition as they would have been had there been no interruption. The voter's father, William Ambler, married the daughter of a freeman; the voter John A. was born before 1802, and the father not admitted till 1811, the voter himself in 1835; William Ambler could not be admitted before