23 & 24 Vict., c. 106. | The Lands Clauses Consolidation Acts in part. Amendment Act, 1860; 38 & 39 Vict., c. 89. The Public Works Loans Act, 1875; in part. in part, namely, in section forty, the second paragraph (beginning "The council" and ending "this Act "), and the words. "and the council respectively" in the last paragraph. 39 & 40 Vict., c. 20. The Statute Law Revision Act (Substituted in part. Enactments) Act, 1876; section three. 40 & 41 Vict., c. 17. An Act to amend the law relating to the division of courts of quarter sessions in boroughs. 40 & 41 Vict., c. 66. The Local Taxation Returns Act, 1877; in part. 42 & 43 Vict., c. 30. in part. 43 Vict., c. 17. in part, namely, so far as it relates to the receipts and expenditure of a municipal corpora tion. The Sale of Food and Drugs Act, Amendment Act, 1879; in part, namely,— section eight. The Town Councils and Local Boards Act, 1880. THE SECOND SCHEDULE.* MEETINGS AND PROCEEDINGS OF COUNCIL. 1. The council shall hold four quarterly meetings in every year for the transaction of general business. 2. The quarterly meetings shall be held at noon on each ninth of November, and at such hour on such other three days before the first of November then next following as the council at the quarterly meeting in November decide or afterwards from time to time by standing order determine. As to the 9th of November happening to be a Sunday, or a day appointed for public fast, humiliation, or thanksgiving, see sec. 230. Under the Municipal Corporations Act, 1835, sec. 69, it was necessary that the council should, at their quarterly meeting, held on the 9th of November, decide as to the days before the 1st of November on which the three quarterly meetings should be held. The words "or afterwards from time to time by standing order determine" are new. 3. The mayor may at any time call a meeting of the council. 4. If the mayor refuses to call a meeting after a requisition for that purpose, signed by five members of the council, has been presented to him, any five members of the council may forthwith, on that refusal, call a meeting. If the mayor (without so refusing) does not within seven days after such presentation call a meeting, any five members of the council may, on the expiration of those seven days, call a meeting. It will be observed that words have been introduced to meet the case of a mayor failing to call a meeting after requisition, without refusing to do so. By the Municipal Corporations Act, 1835, it was provided that no notice need be given of the business to be transacted at the quarterly meetings. This provision is not reproduced. See Rules 6 and 8 in this Schedule as to the summons for a meeting specifying the business to be transacted at such meeting, and as to no business, with the exception mentioned in Rule 8, being transacted at a meeting other than that specified in the summons. 5. Three clear days at least before any meeting of the council, notice of the time and place of the intended meeting, signed by the mayor, or if the meeting is called by members of the council, by those members, shall be fixed on the town hall. Where the As to the provisions in this Schedule, see sec. 22, p. 28. meeting is called by members of the council, the notice shall specify the business proposed to be transacted thereat. It would appear that if the mayor calls the meeting, it is not requisite that the notice "fixed on the town hall" should specify the business to be transacted at the meeting. But if the meeting is called by members of the council, the business to be transacted must be specified in the notice. As to specifying the business in the summons to attend the meeting, see Rules 6 and 8. As to fixing notices on the town hall, see sec. 232. 6. Three clear days at least before any meeting of the council, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the town clerk, shall be left or delivered by post in a registered letter at the usual place of abode of every member of the council, three clear days at least before the meeting. No exception with regard to the summons specifying the business to be transacted at a meeting is made with regard to quarterly meetings. The Municipal Corporations Act, 1835, required that the summons should "be left at the usual place of abode of every member of the council, or at the premises in respect of which he is enrolled a burgess." It will be observed that it is now required that the summons "shall be left or delivered by post in a registered letter at the usual place of abode of every member of the council." 7. Want of service of the summons on any member of the council shall not affect the validity of a meeting. 8. No business shall be transacted at a meeting other than that specified in the summons relating thereto; except in case of a quarterly meeting, business prescribed by this Act to be transacted thereat. As to the election of mayor, aldermen, and sheriff, at the quarterly meeting on the 9th November, see secs. 61, 60, and 170. See also sec. 53 as to assigning an alderman to act as returning officer at an election for a ward. 9. At every meeting of the council, the mayor, if present, shall be chairman. If the mayor is absent, then the deputy mayor, if chosen for that purpose by the members of the council then present, shall be chairman. If both the mayor and the deputy mayor are absent, or the deputy mayor, being present, is not chosen, then such aldermen, or in the absence of all the aldermen, such councillor, as the members of the council then present choose, shall be chairman. Section 16 (p. 23), provides that the deputy-mayor is not to take the chair at a meeting of the council, unless specially appointed at the meeting to do so. 10. All acts of the council, and all questions coming or arising before the council, may be done and decided by the majority of such members of the council as are present and vote at a meeting held in pursuance of this Act, the whole number present at the meeting, whether voting or not, not being less than one-third of the number of the whole council. It will be observed that the words "and vote," and "whether voting or not," have been introduced in this clause. With regard to byelaws, it is provided by sec. 23, that a byelaw under that section shall not be made unless at least two-thirds of the whole number of the council are present. See also sec. 22, p. 28, which provides that a member of the council shall not vote or take part in the discussion of any matter in which he has directly or indirectly, by himself or by his partner, any pecuniary interest. 11. In case of equality of votes, the chairman of the meeting shall have a second or casting vote. 12. Minutes of the proceedings of every meeting shall be drawn up and fairly entered in a book kept for that purpose, and shall be signed in manner authorized by this Act. As to the minutes of the proceedings of the council, see sec. 22; and also secs. 233 and 235 as to inspection of minutes and forging the signature subscribed to minutes of the council, &c. 13. Subject to the foregoing provisions of this Schedule, the council may from time to time make standing orders for the regulation of their proceedings and business, and vary or revoke the same. 216 THE THIRD SCHEDULE. ELECTIONS--PART I. Preparation and Revision of Parish Burgess Lists in Boroughs not Parliamentary.* 1. On or before each first of September, the overseers of each parish shall make, sign and deliver to the town clerk a list, called the parish burgess list, of all persons entitled to be enrolled in the burgess roll for the year in respect of property in that parish. For definition of the term "overseers," see sec. 7, pp. 3 and 4. Every matter by this Act required to be done by the overseers may be lawfully done by the majority of them (sec. 238). With respect to the persons entitled to be enrolled as burgesses, see pp. 5-15, 38-40. As to the arrangement of the parish burgess lists, see sec. 46, p. 49. With regard to the penalty when an overseer neglects or refuses to make, sign, or deliver a parish burgess list, as required by this Act, see sec. 75, and the cases of R. v. Burrell, Hunt v. Hibbs, R. v. Share, and Gregory v. Fell, cited in the notes to that section (pp. 65-66). It is not necessary that the list should be delivered to the town clerk personally. If it is delivered to a servant at the house of the town clerk it is sufficient. R. v. Mayor of Rochester, 7 E & B. 928; E. B. & E. 1024; 27 L. J., Q. B. 45; 4 Jur., N.S. 1227; 6 W. R., 838. The overseers of each parish at the time that they make the parish burgess list are also to make a list of the persons entitled in respect of the occupation of property in the parish to be elected councillors as being resident within fifteen miles, although beyond seven miles from the borough (sec. 49, p. 52). As to the case of the 1st of September falling on a Sunday, or a day appointed for public fast, humiliation or thanksgiving, see sec. 230, p. 191. For penalty on the town clerk refusing to receive the list, see sec. 75, p. 65. 2. The overseers shall keep a printed copy of the parish burgess list made by them open to public inspection on the first fifteen days of September. The list is to be open to inspection at any reasonable time during the hours of business, and without payment." If a person having the custody of the list obstructs any person authorized to inspect the list in making such inspection, he is liable on conviction to a fine of £5. This Schedule applies only when no part of the area of a borough is co-extensive with or included in the area of a Parliamentary borough. Where the whole or part of the area of a borough is co-extensive with or included in the area of a Parliamentary borough, the lists of burgesses are to be made out and revised, and claims and objections relating thereto are to be made in accordance with the provisions of the Parliamentary and Municipal Registration Act, 1878. (Sec. 44, p. 47). |