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Supreme Court of Judicature.

COURT OF APPEAL.

SITTINGS AT WESTMINSTER.

April 18 and 19, 1877.

(Before COLERIDGE, C.J., BRAMWELL, and BREtt, JJ.A.)

Reg. v. Monck AND ANOTHER (Justices of Berks.) (a) County rate-Liability of portion of county added to borough-Boundary Act (2 & 3 Will. 4, c. 64) -Municipal Corporations Act (5 & 6 Will. 4, c. 76) s. 117.

The Municipal Corporations Act provided by sect. 117 that every borough which before the passing of the Boundary Act 1832 was liable to contribute in whole or in part to the county rate should pay such a proportion of the county rate as would have been chargeable upon the borough if this Act had not passed.

W. was a borough which did not, before the passing of the Boundary Act, contribute to the county rate. A part of a parish which did contribute to that rate was by that Act, and the Municipal Corporation Act, added to the borough for all

purposes.

Held (affirming the judgment of the Queen's Bench Division), that the borough of W. was liable to contritribute to the county rate in respect of that portion of the borough which was added by the Boundary and Municipal Corporation Acts. ERROR by the defendants on an order of the Queen's Bench Division giving judgment for the Crown on a demurrer to a return to a mandamus. The facts which appeared on the rule for the mandamus being made absolute were the same as those in the present case, and will be found reported ante, Vol. X., p. 121.

The mandamus was addressed to two justices of the county of Berks, and commanded them to hear and determine a complaint preferred by the treasurer of the county of Berks against the trea

(a) Reported by W. APPLETON, Esq., Barrister-at-Law. MAG. CAS.-VOL. XI

[CT. OF APP.

surer of the borough of New Windsor under the circumstances set out in the writ and the return, the material parts of which were as follows:

Prior to the year 1832 the borough of New Windsor consisted of the parish of that name and part of the parish of Clewer, which had never contributed to the county rate. The Boundary Act (2 & 3 Will. 4, c. 64) added to the parliamentary borough of New Windsor a part of Clewer, which had previously contributed to the county rate, and this part so added was by the Municipal Corporations Act (5 & 6 Will. 4, c. 76) made part of the municipal borough of New Windsor.

boroughs which have separate courts of quarter By sect. 112 of the Municipal Corporations Act, sessions are rendered free from all liability to contribute to the county rate otherwise than as in that Act thereafter provided.

By sect. 117 it is enacted that the treasurer of every county shall send a copy of the account of the expenditure for certain purposes therein specified to the council of every borough situate within such county which has a separate court of quarter sessions, "and which before the passing of 2 & 3 Will. 4, c. 64 was chargeable with or liable to contribute in whole or in part to the county rate of such county, and shall make an order on the council of such borough for the payment of such sum as would have been chargeable, if this Act had not passed, upon such borough as the same shall be bounded according to the provisions of this Act."

For several years the treasurer of the borough paid to the county treasurer the proportion charged; but in 1871 the council of the borough denied their liability, and the justices of the county refused to hear a complaint by the treasurer of the county against the treasurer of the borough, whereupon a mandamus commanding them to do so was issued.

The return to the mandamus was made by two of the justices of the county of Berks on behalf of the treasurer of the borough of New Windsor.

It recited the charter of the borough granting a separate Court of Quarter Sessions, and containing a non-intromittant clause; it alleged that no part of the borough did, before the passing of the Boundary Act, contribute to the county rate, that

B

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