Vict. c. 97, ss. 1, 3, 5 and 6; 22 & 23 Vict. c. 3; 23 & 24 Vict. c. 77; 29 & 30 Vict. c. 90; 31 & 32 Vict. c. 115; and any acts amending these acts and conferring powers on the privy council and secretary of state respectively.

The local government board may make inquiry respecting matters under the local government acts the sanitary acts and sewage utilization acts, and appoint inspectors for that purpose, who are empowered to summon parochial and other officers and witnesses, and compel the production of docu

ments.

CHAPTER II.

OF BURGESSES AND THE BURGESS LISTS.

THE burgess rights are now, by the Municipal Franchise Act, 1869 (a), given to all persons, male and female, who being of full age have occupied a house, warehouse, counting-house, shop or other building within the borough, on the last day of July in the year of registration and during the whole of the preceding twelve calendar months, and have during that period resided within the borough, or within seven miles of it, and have been rated in respect of the occupied premises to the poor rates of the parish where the premises are situated during the qualifying year, and have paid on or before the 20th July in the registration year all poor and borough rates (if any) payable up to the 5th January preceding, and who are duly enrolled as prescribed by the Municipal Corporation Act.

Aliens and recipients (within qualifying year) of parochial relief or other alms are disqualified, and constables appointed by the council cannot vote whilst in the service.

The overseers of the poor of every parish in the borough, or the persons executing their duties, are on the 1st September in every year to make out

(a) 32 & 33 Vict. c. 55,

an alphabetical list, in the form given by the act, of persons entitled to be enrolled on the burgess roll in respect of property within the parish. The name of each person must be given at full length, and the nature of the property rated, and the street where the property is situated, for which he or she is then rated, must be specified. The list is then to be signed by the overseers, and delivered on the same day to the town clerk, the overseers keeping a true copy for inspection by any person without fee (b). The town clerk will cause the lists to be printed and published, and persons omitted therefrom may on or before 15th September send

(b) In boroughs where there is a separate court of quarter sessions the mayor has the sole power of appointing overseers under stat. 43 Eliz. c. 2, s. 8, and stat. 5 & 6 Will. 4, c. 76, s. 6. Reg. v. Preston, 18 L. J., M. C. 10.

Where there is no separate court of quarter sessions the county justices appoint the overseers.

By 5 & 6 Will. 4, c. 76, s. 111, the county justices have jurisdiction in boroughs where there is no court of quarter sessions; by 12 & 13 Vict. c. 8, and 12 & 13 Vict. & 64, the appointment of overseers is taken from the municipal officers and given to the justices having jurisdiction in boroughs, and to remove any doubt 15 & 16 Vict. c. 38, provides that the county justices are to appoint the overseers in boroughs where there is no separate court of quarter sessions.

Any substantial householder is liable to be appointed overseer ; four, three, or two overseers are to be appointed for each parish; 43 Eliz. c. 2, s. 1.

Members of parliament, ministers, barristers, solicitors and physicians are exempt from being appointed overseers.

A woman may be appointed overseer.

to the town clerk a written claim specifying the qualifying premises and the parish in which and the period for which the claimant has been rated; it must be signed by the claimant, give the claimant's place of abode, and if rated in several parishes during the qualifying year, the time during which the claimant has been rated in each parish.

Persons on the list may be objected to by other persons on the list as not being entitled to have their names retained therein. The objection must be in writing, in the form prescribed, must be signed as directed by the act, and must be delivered to the town clerk and to the person objected to, or left at the rated premises, on or before 15th September.

The claim and objection lists are to be published by the town clerk from the 23rd to the 30th September, both inclusive, and at the revising court (hereinafter mentioned) objections and claims will be heard. Copies of all lists are to be kept by the town clerk for perusal, and also for sale.

By 21 & 22 Vict. c. 43, it is enacted, that when the owner of a tenement, the rateable value of which does not exceed six pounds, is rated to the poor instead of the occupier thereof, and such owner has paid all rates due in respect of such tenement, the occupier shall be entitled to all municipal privileges and franchises to which he would have been entitled if he himself had been

rated and had paid such rates; and if such owner has not paid his rates then the occupier may tender to the overseers the amount of any rate or rates then due from the occupier in respect of such tenement, and such overseer is bound to receive the same, and on payment or tender of such amount the occupier shall be entitled to exercise all municipal privileges and franchises. To constitute a rating the name of the person to be charged must appear on the rate.

Where a house is let out in separate portions to different tenants, each having the complete control over his portion, and the landlord does not reside on the premises, each portion is the house of such occupier (c).

The occupation of a lodger is considered in law that of the landlord, who is the person liable to be rated. A person is not therefore the less a householder because he lets a portion of his house to lodgers.

Compound householders are entitled to be en

rolled.

A member of a firm of attorneys who occupy premises as a place of business within the borough may be a burgess, although neither he nor any of his firm nor their servants sleep on the premises (d).

(c) Cook v. Humber, 31 L. J., C. P. 73; Wilson v. Roberts, 31 L. J., C. P. 78.

(d) In re Creek, 32 L. J., Q. B. 89.