"Clerk ;" "the Town." Short Title of this Act. Form in which Portions of this Act may be incorporated with other Acts. Commissioners. Joint Owners or Occupiers when qualified eligible as Com missioners. Same Property pression be not there defined, it shall mean the General or Quarter Sessions of the Peace which shall be held at the Place nearest to the Undertaking for the County or Place in which the Undertaking, or the principal Office thereof, is situate, or for some Division of such County having a separate Commission of the Peace: The Expression "the Clerk" shall mean the Clerk of the Commissioners, and shall include the Word "Secretary:" The Expression "the Town" shall mean the Town or District named in the special Act within which the Powers of the Commissioners are to be exercised. And with respect to citing this Act or any Part thereof, be it enacted as follows: IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Commissioners Clauses Act, 1847." V. For the Purpose of incorporating Part only of this Act with any Act of Parliament hereafter to be passed, it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act; and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates. With respect to the Qualification of Commissioners, be it enacted as follows: VI. Where by the special Act the Qualification of the Commissioners is made to depend upon their being rated in respect of Property of a given Amount, then if Two or more Persons be jointly rated in respect of any Property, each of such Persons shall, subject to the Provisions herein and in the special Act contained, be eligible to be chosen a Commissioner, provided the Property in respect of which such Persons are rated be of a rateable yearly Value, which, when divided by the Number of Persons so rated, will give to each a sufficient rateable yearly Value according to the Provisions of this and the special Act. VII. The same Property shall not at the same Time give a not to give Two Qualification as Commissioner to one Person as the Owner, and to another as the Occupier thereof. Qualifications. No Bankrupt or Insolvent to be a Commis sioner. No Person holding Office or concerned in VIII. No Bankrupt or Insolvent, or Person not qualified as required by the special Act, shall be capable of being or continuing a Commissioner. IX. Any Person who at any Time after his Appointment or Election as a Commissioner shall accept or continue to hold any Office or Place of Profit under the special Act, or be con cerned cerned or participate in any Manner in any Contract, or in the a Contract to Profit thereof, or of any Work to be done under the Authority be a Commisof such Act, shall thenceforth cease to be a Commissioner, and sioner. his Office shall thereupon become vacant. established by X. Provided always, That no Person being a Shareholder or Shareholders in Member of any Joint Stock Company established by Act of Companies Parliament shall be prevented from acting as a Commissioner Act of Parby reason of any Contract entered into between such Company liament not and the Commissioners; but no such Commissioner, being a disqualified by Member of such Company, shall vote on any Question relating tracts. to the Execution of this or the special Act in which such Company is interested. reason of Con XI. A Person shall not be incapable of acting as a Justice Commissioner of the Peace in the Execution of this or the special Act, with not incapable reference to the levying of any Penalty thereunder, by reason Justice. of his being a Commissioner. of acting as a Commissioners XII. No Person shall be capable of acting as a Commis- Declaration to sioner, except in administering the Declaration herein-after be made by mentioned, until he shall have made and signed, before One of before acting. the Commissioners, a Declaration to the Effect following: IA. B. do solemnly declare, That I will faithfully and impartially, according the best of my Skill and Judgment, execute all the Powers and Authorities reposed in me as a • Commissioner, by virtue of the [here name the special Act], ' and also that I [here set forth a Statement of the Possession of the Qualification required by the special Act in the Terms • thereof].' demeanor. XIII. Any Person who shall falsely or corruptly make and False Declarasubscribe the Declaration aforesaid, knowing the same to be tion a Misuntrue in any material Particular, shall be deemed guilty of a Misdemeanor, or in Scotland shall be deemed guilty of Perjury. XIV. Every Person elected or appointed a Commissioner Declaration to shall, at the Meeting of Commissioners at which he first attends be taken at the First Meeting. as a Commissioner, make and subscribe the Declaration herein required, and any Commissioner, whether he himself have made such Declaration or not, may administer such Declaration. not being qua XV. Every Person who shall act as a Commissioner, being Penalty on incapacitated or not duly qualified to act, or before he has made Commissioner, or subscribed such Declaration as aforesaid, or after having lified, acting. become disqualified, shall for every such Offence be liable to a Penalty of Fifty Pounds; and such Penalty may be recovered by any Person, with full Costs of Suit, in any of the Superior Courts; and in every such Action the Person sued shall prove that at the Time of so acting he was qualified, and had made and subscribed the Declaration aforesaid, or he shall pay the said Penalty and Costs without any other Evidence being required from the Plaintiff than that such Person had acted as a Commissioner in the Execution of this or the special Act; nevertheless all Acts as a Commissioner of any Person incapacitated, or not duly qualified, or not having made or subscribed the Declaration aforesaid, done previously to the Recovery of the Commissioners neglecting to act to cease to be one. Election and Rotation of Commissioners. One Third of Commissioners elected by Ratepayers and Owners to go out of Office every Three Years. Commissioners eligible to be re-elected. Mode of supplying occasional Vacancies. 10 the Penalty, shall be as valid as if such Person had been duly qualified. XVI. Every Commissioner who for the Space of Six Months after his Appointment neglects to make and subscribe the Declaration herein-before required, or who for: Six Months in succession is absent from all Meetings of the Commissioners, and to act in the Execution of this and the special Act, shall be deemed to have refused to act, and shall cease to be a Commissioner. And with respect to the Election and Rotation of the Commissioners, where the Commissioners are to be elected by the Rate-payers or other like Class of Electors, be it enacted as follows: XVII. Where by the special Act it is provided that the Commissioners shall be elected by the Rate-payers within the Town, or other like Class of Electors, the first Body of Commissioners, whether appointed by the special Act, or elected under the Provisions of this and the special Act, shall go out of Office according to the prescribed Rotation, and at the prescribed Times, and where no Rotation or Time of going out of Office is prescribed they shall go out of Office by Rotation in the following Manner, (that is to say,) on the first Thursday in the Month of September in the Year following that in which the special Act is passed One Third of such Body of Commissioners shall go out of Office, and on the first Thursday in September in the following Year another Third of such Body of Commissioners shall go out of Office, and on the first Thursday in September in the Year following the Remainder of such Body of Commissioners shall go out of Office, and on the first Thursday in the Month of September in every subsequent Year One Third of the Commissioners, being those who have been longest in Office, shall go out of Office; and in each Instance the Places of the retiring Commissioners shall be supplied by the Election of a like Number of Commissioners in the Manner herein or in the special Act provided: Provided always, that if the prescribed Number of Commissioners be some Number not divisible by Three, and the Number of Commissioners to retire be not prescribed, the Commissioners shall in each Case determine what Number of Commissioners, as nearly One Third as may be, shall go out of Office, so that no Commissioner shall remain in Office longer than Three Years without being re-elected. XVIII. Every Commissioner going out of Office by Rotation, or otherwise ceasing to be a Commissioner, may be reelected, and after such Re-election he shall, with reference to going out by Rotation, be considered as a new Commissioner. XIX. If any of the Commissioners die or resign, or be disqualified, or cease to be a Commissioner from any other Cause than that of going out of Office by Rotation, the remaining Commissioners, if they think fit, may, within One Month from the happening of such Vacancy, elect another Commissioner in his Place; and every Commissioner so elected shall continue in Office only so long as the Person in whose Place he is elected would have been entitled to continue in Office. XX. In order to determine the Rotation by which such first Body of Commissioners shall go out of Office, the Commissioners shall within One Month after the passing of the special Act (or after the first Election of Commissioners, as the Case may be,) meet at some convenient Place for the Purpose of forming a Rotation List; and at such Meeting the Clerk, or some Person to be then appointed for that Purpose by the Commissioners, shall write the Names of all the Commissioners on separate Slips of Paper, all as nearly as may be of equal Size, and having folded them up in the same Manner he shall put them into a Balloting Box, and shall, in the Presence of the Meeting, draw out such Slips of Paper in succession, and the Names upon the Slips so drawn shall be written by the Clerk or other Person in a List, in the Order in which they are drawn, or where the Commissioners are elected for Wards or other Electoral Divisions of the Town (and which Electoral Divisions are hereinafter called Wards) in as many Lists as there are Wards or Electoral Divisions, and in the Order aforesaid, each List containing the Names of the Commissioners for One such Ward or, Electoral Division only, and every such List shall be kept by the Clerk among the Papers of the Commissioners, and the Names therein shall be numbered consecutively, and the Commissioners shall retire from Office in the Order in which their Names appear on such List or Lists, as the Case may be, in the Proportions herein-before or in the special Act mentioned. Election and Rotation of Commissioners. Manner of making the Rotation List. of Commissioners. XXI. For the Purpose of electing Commissioners from Time Annual Meetto Time in the Place of those who go out by Rotation, a ing for Election Meeting of the Persons entitled to vote at such Election shall be held at the prescribed Place, and if no Place be prescribed at the principal Office of the Commissioners on the prescribed Day, or if no Day be prescribed on the first Thursday in the Month of September in the Year following that in which the special Act is passed, and on the first Thursday in September in each succeeding Year, or if the Commissioners are to be elected for Wards, a Meeting of the Persons entitled to vote in each Ward shall on the same Day be held at some Place to be appointed by the Commissioners, of which Meetings, and the Time and Place of holding the same, public Notice shall be given by the Clerk by Advertisement, and also by Placards affixed on the principal Doors of the Parish Churches or other public Places in the Town Seven clear Days at the least before the Day of Election, and at such Meeting or Meetings the Election of Commissioners shall take place as herein-after mentioned. Elections. XXII. Where the Appointment of the Returning Officer to Returning act at the Election of Commissioners is not provided for by the Officer at special Act, the Chairman of the Commissioners shall be the Returning Officer; and if the Commissioners are to be elected for Wards, the said Chairman shall act as the presiding Officer at the Election for the Ward for which he was elected a Com[No. 13. Price 2d.] missioner, N Rotation of Commissioners. Election and missioner, and he shall appoint some other Commissioner for each of the other Wards to be the presiding Officer at the Election for such Ward, and in case of the Death of any such presiding Officer, or of his declining or becoming incapable to act, the Commissioners shall appoint another of their Body to be the presiding Officer in the Place of the Person so dying or declining, or becoming incapable to act, and the Clerk to the Commissioners shall, Two Days at least before each Election, by Advertisement, Placards, or otherwise, give public Notice of every such Appointment. Returning Officer to appoint Poll Clerks. Scale of Votes of Owners and Occupiers. Electors to vote in Ward where their lification is XXIII. At every such Election of Commissioners the Commissioners shall cause to be printed a sufficient Number of Voting Papers in blank, in the Form given in the Schedule (A.) to this Act annexed, or to the like Effect, and shall furnish them to the Returning Officer for the Use of the Voters; and if it appear to the Returning Officer at any Election expedient so to do, he may cause Booths to be erected, or Rooms to be hired and used as Booths, for taking the Poll at such Election, and he shall in such Case appoint a Clerk to take the Poll at each Booth, and shall cause to be affixed on the most conspicuous Part thereof the Name of the Ward or District for which such Booth is provided; and public Notice of every Election, and of the Situation of the different Polling Places, and of the Place where Voting Papers may be procured by Electors, shall be given by the Returning Officer Two Days at least before the Commencement of the Poll. XXIV. Where by the special Act the Owners of Property and Rate-payers are entitled to vote in the Election of Commissioners, and no Scale of voting is prescribed, every such Owner and Rate-payer shall have respectively the same Number and Proportion of Votes according to the Scale following; (that is to say,) If the Property in respect of which he is entitled to vote be If such rateable Value amount to Fifty Pounds and be less XXV. Where by the special Act the Commissioners are directed to be elected for Wards, every Person entitled to Property Qua- vote in the Election of Commissioners shall vote for Commissioners for that Ward only wherein the Property or Part thereof in respect of which his Name appears in the Rate Book is situate; and if any Person be rated in respect of Property situate in more than One Ward, he may vote for Commissioners situate, but not to vote for more than One Ward, for |