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c. 76.

sd Schedule (A.); and in assigning the number of councillors to each No. V. rard the said harrister or barristers shall, as far as in his or their judg- 5 & 6 W. 4, sent he or they may deem it to be practicable, have regard as well to te number of persons rated to the relief of the poor in such ward as to az aggregate amount of the sums at which all the said persons shall be

rated : Provided always, that the number of councillors assigned to ob ward shall be a number divisible by three ; and a copy of the parsulars of the number of councillors so assigned to the several wards of

borough shall be forthwith transmitted to one of his Majesty's prinal secretaries of state, and, subject as aforesaid to the approval of his Majesty by the advice of his privy council, shall be published in the udon Gazette, and another copy of such particulars shall be delivered

a the town clerk of the borough, to be by him safely kept among the ublie documents of such borough; and the number of councillors so segned to each ward of such borough shall, after such publication as teresai, be the number to be elected in such ward, and shall so conune until the same shall be altered by authority of parliament: ProBed always, that if his Majesty, by the advice of his privy council, hall not approve the number of councillors so assigned to each ward, h publication shall nevertheless be made, and the number of coun

tors so assigned to each ward of such borough by such barrister shall te the number to be elected in such ward at any election of councillors onder this act until such time as his Majesty shall by advice of his rry council, upon further information and report from such barrister, initively approve such assignment in manner herein-before mentioned.

XLI. And whereas it may be convenient in divers boroughs to adhere Apportionment 1 the division of the same into wards to the ancient division thereof of councillors no parishes or into districts under any local act, or to adapt such for each ward ansion to local circumstances, and such division so made might in which the reader difficult such apportionment of councillors as is herein-before ancient division

is adhered to. erected; be it therefore enacted, That in every such case the said bar* ter or barristers shall be empowered, at his or their discretion, sub-t as aforesaid to the approval of his Majesty by the advice of his privy moncil, to divide any borough in conjunction with the name of which, the said Schedule (A.), shall be mentioned any number of wards reater than two, into any number of wards more or less by one than the number of wards mentioned in conjunction with the name of such through in the said schedule.

XLII. That the said barrister or barristers shall have power to require Power to fey overseer, or person having the custody of any book containing any examine rate Ante made for the relief of the poor, in any parish wholly or in part books. rithin any borough to be divided into wards, to produce such book xfore and allow the same to be inspected by the said barrister or bar

and the said barrister or barristers shall have power to admiuister an oath to the overseers and to all other persons, who are hereby required to answer upon oath all such questions as the said barrister or

arristers may put to them or any of them, touching any matter which fine said barrister or barristers may deem necessary for enabling them execute the duties by this act imposed upon them.

XLIII. That in every case in which there shall be a division into Councillors wards of any borough, the burgesses of every such ward, and none and assessors fathers, shall on the day fixed for the first election of councillors sepa- to be elected s'rately elect from the persons qualified to be councillors the whole num

in wards by the Aber of councillors assigned to such ward respectively, and on the first burgesses of

such wards. day of November in any subsequent year shall separately elect from the persons qualified to be councillors one third part of the whole number of councillors assigned to such ward, and on the first day of March next after the first election of councillors in such ward, and in every subsequent year, shall separately elect from the persons qualified to be councillors two assessors for such ward; and every such ward election frat after such division into wards of any such borough shall be held before

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yearly appoint in that behalf and before the two assessors of such warc
and the assessors who shall hold the court for revising the burgess list
with the mayor shall be the assessors of the mayor's ward, and tb
votings and other proceedings in all other respects at such ward elec
tions shall be conducted in the same manner as at elections of counci:
lors or assessors respectively by the burgesses of the whole borough
and the alderman and assessors of each ward shall have the same power
in regard to elections in their ward as the mayor and assessors for th
whole borough if not divided into wards; and every person so elected
councillor or assessor in such ward shall hold his office for the same tim
that he would have held it if he had been elected by the burgesses of th
whole borough and if the number elected in such ward had been th.

whole number for the borough. Burgesses to XLIV. That every burgess of any borough shall be entitled to vot vote in the in the election of the councillors and assessors to be chosen within that ward in which ward in which the property of such burgess for which he appears to brint their property rated on the burgess roll' for the time being of such borough sha, is situated.

appear to be situated, and not otherwise; and if any burgess shall b
rated in respect of distinct premises in two or more wards, then he shal
be entitled to be enrolled and to vote in such one of the said wards a

he shall select, but not in more than one. Lists of the XLV. That for the purpose of better ascertaining who are the bur burgesses in gesses of any such ward the burgess roll of every borough so divider I PETSID each ward to into wards shall thenceforward be made out, by or under the direction De, or be made out of the town clerk, in alphabetical lists of the burgesses in each ward, te yearly. be called “ward lists." Manner of pro

XLVI. That if at any election of councillors or assessors for any ceeding if any borough any person shall be elected a councillor or assessor in mori person is elected than one of the wards of such borough, he shall within three days afte person el a councillor in notice thereof choose, or in his default the mayor shall declare, fo avor

, for a more than one which one of the said wards such councillor or assessor shall serve, ani ward.

such person shall thereupon be held to be elected in that ward only

which he shall so choose, or which the mayor shall so declare. Occasional

XLVII. That if an extraordinary vacancy shall be occasioned in thi

office of councillor, auditor, or assessor for any borough, the burgesses vacancies of

entitled to vote shall, on a day to be fixed by the mayor of such thing been councillor, auditor, or

borough, or in the case of a councillor or assessor, where the borough**for the

shall have been divided into wards, by the alderman of the ward in luffice upo assessor to be filled up by

which the vacancy has happened, (such day not to be later than tent according fresh election. days after such vacancy,) elect from the persons qualified to be coun

cillors another burgess to supply such vacancy; and such election
shall be held, and the voting and other proceedings, in case of a con-
test, shall be conducted in the same manner and subject to the same
provisions as are herein-before enacted with respect to the election of my debts.
councillors as aforesaid ; and every person so elected shall hold sucher alderin=
office until the time at which the person in room of whom he was
chosen would regularly have gone out of office, and he shall then go out
of office, but shall be capable of immediate re-election if then qualified
as herein provided : Provided always, that after the full number to be in real or
their acceptance of office no new election of councillors shall be made ijf him: Pro-
regularly elected of the councillors in any year shall have deelaredant ment
by reason of such extraordinary vacancy, unless the number of coun-
cillors remaining after such vacancy shall not exceed two thirds of the met the declar
whole number of the council of such borough.

XLVIII. That if any mayor, alderman, or assessor of any borough much of Penalties on mayor, over

who shall be in office at the time herein appointed for the revision by seers, &c. neg- them of the burgess list under this act, or for any election of councilply with pro- shall neglect or refuse to revise such burgess list, or to conduct or visions of this declare such election as aforesaid, every such mayor, alderman, and

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c. 76.

urrent year.

sessor shall for every such offence forfeit and pay the sum of one No. V.

andred pounds; and if any overseer of any parish wholly or in part 5 & 6 W. 4, rthin any borough shall neglect or refuse to make out, sign, and cuver such list as aforesaid, or if the town clerk of any borough shall verleet or refuse to receive, print, and publish such lists as aforesaid,

if any such overseer or town clerk shall refuse to allow any such at to be perused by any person having right thereunto, every such

perseer and town clerk respectively for every such offence shall forfeit i pay the sum of fifty pounds; and the said penalties hereby in such

imposed shall be recovered, with full costs of suit, by any person - will sue for the same within three calendar months after the comssion of such offence, by action of debt or on the case in any of his jesty's superior courts of record; and the money so to be recovered

all, after payment of the costs and expences attending the recovery --reof, be paid and apportioned as follows; (that is to say) one moiety

zroof to the person so suing, and the other moiety thereof to the zaurer to be appointed by virtue of this act, to be by him applied in 2 of the borough fund herein-after mentioned. ILIX. That on the ninth day of November (1) in every year the Council to "uncil of the borough shall elect out of the aldermen or councillors of elect the mayor cha borough a fit person to be the mayor of such borough, who shall every year from satinue in his office for one whole year ; and in case a vacancy shall the councillors.

occasioned in the office of mayor of the borough during such year 1; reason of any person who shall have been elected to such office not ccepting the same, or by reason of his dying or ceasing to hold the ad office, the council of the borough shall within ten days after such sancy elect out of the aldermen or councillors of the said borough cother fit person to be the mayor thereof for the remainder of the then

L. That no person elected a mayor, alderman, or councillor, or Mayor, alderuzditor or assessor, for any borough, shall be capable of acting as such, men, and counrecept in administering the declaration herein-after contained, until he cillors, auditall have made and subscribed before any two or more such aldermen tors and assess

councillors (who are hereby respectively authorized and required to ors, not to act administer the same to each other) a declaration in the words or to the until they have

made a declarafect following; (that is to say,)

tion of accept*I A. B., having been elected mayor (or alderman, councillor, audi

ance of office. IT, or assessor] for the borough of do hereby declare, that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability ; [and in the case of the party being qualified by estate say, and I do hereby declare that I am seised or possessed of real or personal estate, or both, (as the case may be,] to the amouut of one thousand pounds or five hundred pounds, as the case may require, over and above what will satisfy all my debts.].' And that every alderman who shall have made and subscribed the Aldermen, if bregoing declaration in respect of estate shall once in every period of required, to hree years, if required in writing so to do by any two members of the make a declacancil

, make and subscribe a declaration that he is qualified to the ration of qualisame amount in real or personal estate, or both, as the case may then fication once Re, as the amount mentioned in the declaration originally made and subscribed by him : Provided always, that nothing in this act contained tball be construed to dispense with the obligation of any person to make and subscribe the declaration provided and enjoined by an act made in kde ninth year of his late Majesty George the Fourth, intituled An Act 9 G. 4, c. 17. for repealing so much of several acts as imposes the necessity of receiving the Sacrament of the Lord's Supper as a Qualification for certain Offices cal Employments. LI. 'That every person duly qualified who shall be elected to the office Every burgess ví alderman, councillor, auditor, or assessor, and every councillor who elected to the

(1) The first mayor under the act is to be chosen on the 1st January, 1836.

in three years.

c. 76.

accept the

No. V. shall be elected to the office of mayor, for any borough, shall accept such 5 & 6 W. 4, office to which he shall have been elected, or shall in lieu thereof pay to

the mayor, alderman, and burgesses of such borough such fine not ex

ceeding fifty pounds in case of aldermen, councillors, auditors, or assesoffice of alder- sors, and such fine not exceeding one hundred pounds in case of mayor, man, council

as the council of such borough by a bye-law to be made as herein-after lor, auditor, or provided shall declare in that behalf; and such fine if not duly paid assessor, and

shall be levied by the warrant of any justice having jurisdiction within every council the borough, who is hereby required on the application of the council to lor elected to

issue the same, by distress and sale of the goods and chattels of the the office of mayor

person so refusing to accept office, with the reasonable charges of such shall

distress; and every such person so elected shall accept such office by office or pay a

making and subscribing the declaration herein-before mentioned within fine to the five days after notice of his election, otherwise such person shall be borough fund. liable to pay the said fine as for his non-acceptance of such office, and

such office shall thereupon be deemed to be vacant and shall be filled

up by a fresh election to be made in the manner herein-before menExemptions. tioned : Provided always, that no person disabled by lunacy or imbe

cility of mind, or by deafness, blindness, or other permanent infirmity of body, shall be liable to such fine as aforesaid : Provided also, that every person so elected to any such office who shall be above the age of sixtyfive years, or who shall have already served such office respectively, or paid the fine for not accepting such office respectively, within five years from the day on which he shall be so re-elected, shall be exempted from accepting or serving the same office if he shall claim such exemption within five days after notice of his election : Provided always, that nothing in this act contained shall extend to compel the acceptance of any office or duty whatever in any borough by any military, naval, or marine officer in his Majesty's service on full pay, or by any officer or other person employed and residing within any of his Majesty's dock

yards, victualling establishments, arsenals, or barracks. Any mayor

LII. Provided always, That if any person holding the office of mayor, alderman, or alderman, or conncillor for any borough shall be declared bankrupt, or councillor, if shall apply to take the benefit of any act for the relief of insolvent he shall be de- debtors, or shall compound oy deed with his creditors, or, being mayor, clared bank

shall be absent for more than two calendar months, or, being an alderrupt or insol

man or councillor, for more than six months, at one and the same vent, or absent time, (unless in case of illness), from the borough of which he himself from the borough

shall be mayor, alderman, or councillor, then and in every such shall lose his case such person shall thereupon immediately become disqualified . office. and shall cease to hold the office of such mayor, alderman, or

councillor as aforesaid, and in the case of such absence shall be liable to the same fine, to be recovered in the same manner, as if he had refused to accept the said office, and the council thereupon shall forthwith declare the said office to be void, and shall signify the same by notice in writing under the hands of three or more of them, countersigned by the town clerk, to be affixed in some public place within the borough, and the said office shall thereupon become void ; but every person so becoming disqualified and ceasing to hold such office on account of his being declared a bankrupt, or of his applying to take the benefit of any act for the relief of insolvent debtors, or having compounded with his creditors as aforesaid, shall on obtaining his certificate or on payment of his debts in full, be capable (if otherwise qualified) of being re-elected to such office, and every person becoming disqualified to hold such office, on account of absence as aforesaid, shall on his return to such borough be capable of being re-elected to such office, provided he

shall then be otherwise qualified. Penalty on

LIII. That if any person shall act as mayor, alderman, or councillor, persons not

or auditor or assessor, for any borough, without having made the declaqualified, &c. ration herein-before required in that behalf, or without being duly quaacting as may.

lified at the time of making such declaration, or after he shall cease to or, alderman, or he qualified according to the provisions of this act, or after he shall have councillor,

c. 76.

become disqualified to hold any such office, he shall for every such No. V. cence forfeit the sum of fifty pounds, such sum to be recovered, with 5 & 6 W. 4, all costs of suit, by any person who will sue for the same within three alendar months after the commission of such office, by action of debt # on the case in any of his Majesty's superior courts of record; and sery person so sued by reason of not being so qualified in respect of estate shall prove that he was at the time of so acting qualified as afore3d, or otherwise shall pay the said penalty, without any further evidence ang given on the part of the plaintiff than that such person has acted se the mayor, or as alderman, councillor, auditor, or assessor (as the case zay be) of such borough : Provided always, that it shall be lawful for uy defendant, by judge's order to be obtained within fourteen days after he shall have been served with process in any such action, to recuire the plaintiff to give security for costs; and in such case all urther proceedings in the said cause shall be stayed until the plaintiff' sball give security to the satisfaction of the proper officer of the court - the costs of such action in case a verdict shall pass for the defendant,

the plaintiff shall become non-suit, or discontinue such action, or fupon demurrer or otherwise judgment shall be given against the paintiff; and the defendant shall in either of such cases recover his ill costs as between attorney and client: Provided also, that no such action shall be brought except by a burgess of such borough, nor unless the burgess bringing the same shall, within fourteen days after the commission of the offence, have served a notice in writing personally upon the party committing such offence of his intention to bring such action; ind in case the plaintiff in any such action shall obtain a verdict, the money so to be recovered shall, after payment of the costs and expences attending the recovery thereof, be paid and apportioned as follows; (that s is to say,) one moiety thereof to the person so suing, and the other

Liety thereof to the treasurer to be appointed by virtue of this act, to
I be by him applied in aid of the borough fund : Provided always, that all

Proviso.
ats and proceedings of any person in possession of the office of mayor,
alderman, councillor, auditor, or assessor, and acting as a mayor, alder-
iman, councillor, auditor, or assessor, shall, notwithstanding such dis-

qualification or want of qualification, be as valid and effectual as if such person had been duly qualified.

LIV. That if any person who shall have or claim to have any right to Persons conFote in any election of mayor, or of a councillor, auditor, or assessor of victed of briany borough, shall, after the passing of this act, ask or take any money bery disqualior other reward by way of gift, loan, or other device, or agree or contract fied from voting for any money, gift, office, employment, or other reward whatsoever, to at any election give or forbear to give his vote in any such election, or if any person, in the borough. by himself or any person employed by him, shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure, or offer to corrupt or procure, any person to give or forbear to give his vote in any such election, such person so offending in any of the cases aforesaid shall for every such offence forfeit the sum of fifty pounds of lawful money of Great Britain, to be recovered, with full costs of suit, by any one who shall sue for the same, by action of debt, bill, plaint, or information in any of his Majesty's courts of Record at Westminster; and any person offending in any of the cases aforesaid, being lawfully convicted thereof, shall for ever be disabled to vote in any election in such borough, or in any municipal or parliamentary election whatever in any part of the United Kingdom, and also shall for ever be disabled to hold, exercise, or enjoy any office or franchise to which he then shall or at any time afterwards may be entitled as a burgess of such borough, as if such person was naturally dead.

LV. That if any person offending in any of the cases aforesaid shall, Persons ofwithin the space of twelve months next after such election as aforesaid, dis- fending in any cover any other person offending in any of the cases aforesaid, so that such of the cases other person be thereon convicted, such person so discovering, and not aforesaid dishaving been before that time convicted of any such offence, shall be in- covering others

so offending, to be discharged from all penalties.

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