(Section 15.)

Form.

False Declaration a Misdemeanor.

Declaration to be taken at the first

Meeting.

Penalty on Commissioners, not being qualified, acting.

Mode of Recovery

His Acts valid.

Commissioner neglecting to act to cease to be one.

shall have made and signed, before One of the Commissioners, a Declaration to the Effect following:

'I A.B. do solemnly declare, That I will faithfully and impartially, according to 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 re'quired by the special Act in the Terms thereof].'

Also the Section numbered 13 of the same Act:

XIII. Any Person who shall falsely or corruptly make and subscribe the Declaration aforesaid, knowing the same to be untrue in any material Particular, shall be deemed guilty of a Misdemeanor, or in Scotland shall be deemed guilty of Perjury.

Also the Section numbered 14 of the same Act:

XIV. Every Person elected or appointed a Commissioner shall, at the Meeting of Commissioners at which he first attends 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.

Also the Section numbered 15 of the same Act:

XV. Every Person who shall act as a Commissioner, being incapacitated or not duly qualified to act, or before he has made or subscribed such Declaration as aforesaid, or after having 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 Penalty, shall be as valid as if such Person had been duly qualified.

Also the Section numbered 16 of the same Act.

XVI. Every Commissioner who for the Space of Six Months after his Appointment neglects to make and subscribe the Declaration

(Sections 15.

herein-before required, or who for Six Months in succession is 16. 17.) absent from all Meetings of the Commissioners, and to act in the [so in Act.] Execution of this and the special Act, shall be deemed to have refused to act, and shall cease to be a Commissioner.

Commissioners.

And with respect to the Meetings of the Commissioners, be it Meeting of enacted,

XVI. That the Commissioners shall hold their First Meeting First Meetings. at the Public Office in Cheltenham on the Second Monday after the passing of this Act, at the Hour of Eleven o'Clock in the Forenoon.

XVII. That the following Sections of the "Commissioners Sections 37 to 45 Clauses Act, 1847," shall be incorporated with this Act:

The Section numbered 37 in the said Act:

and Sections 47 and 48 of 10 & 11 Vict. c. 16. incor

porated with this

Act.

Chairman of
Meetings.

XXXVII. At the first Meeting of the Commissioners they shall, by Election of the Majority of the Votes of the Commissioners present, elect One of their Body to be their Chairman until the next annual Meeting of the Commisioners, (a.) when, and at every subsequent annual Meeting, the Commissioners shall in like Manner elect a Chairman for the ensuing Year; and in case the Chairman die, or resign, or cease to be a Commissioner, or otherwise become disqualified to act as such, the Commissioners present at the Meeting next after the Occurrence of such Vacancy shall choose some other of their Body to fill such Vacancy, and the Chairman so elected shall continue in Office so long only as the Person in whose Place he was elected would have been entitled to continue Chairman; and if at any Meeting of the Commissioners the Chairman be not present, one of the Commissioners present shall be elected Chairman of such Meeting by the Majority of the Votes of the Commissioners present at such Meeting.

And the Commissioners shall also elect from their Body a vice-chairman. Vice-Chairman to preside in the Absence of the Chairman, and may from Time to Time fill up any Vacancy in the Office of Vice-Chairman: (b.)

(a) By another part of this 17th section, post, the Annual Meeting is to be the 27th November and by section 10, page 11 ante (see note,) the Election takes place on the 20th, and by section 8 ante page 8, the Commissioners go out of Office on the 20th; this 37th section of the Commissioners Clauses Act in connection with the 38th section of the same Act post cannot be construed to allow the Chairman to act as such on the 27th November, if he be one of those Commissioners going out on the 20th, and not re-elected; and even if re-elected he can hardly come within the words of the 38th section as he does not go out of office as chairman, or Commissioner, on the 27th, if on the 20th he cease to be a Commissioner at all: the office of chairman must be considered as vacant on the 20th, when he went out of office altogether by Rotation, it could not revive for the 27th by any re-election by the Rate-payers, as Commissioner.

(b) If neither Chairman or Vice-chairman be present, it is probable, tho' not clear, that the Commissioners may elect a temporary chairman from those present.

Also the Section numbered 38 in the same Act :

XXXVIII. At all Meetings of the Commissioners the Questions there considered shall be decided by the Votes of the Majority present, and if there be an equal Division of Votes upon any Question the Chairman or Commissioner acting as Chairman at such Meeting shall, in addition to his own Vote as a Commissioner, have a second or casting Vote; provided always, that if at any such Meeting there be an Equality of Votes in the Election of the Chairman, it shall be decided by Lot which of the Commissioners having an equal Number of Votes shall be the Chairman; provided also, that at every annual Meeting the Chairman going out of Office at that Meeting shall, if present and willing to act, be the Chairman of such Meeting. (a.)

Also the Section numbered 39 in the same Act:

XXXIX. All Powers vested in the Commissioners under this or the special Act may be exercised by the prescribed Number, and where no Number is prescribed by any Five or more of the Commissioners present at any Meeting holden in pursuance of this and the special Act, and no Business shall be transacted at any Meeting of the Commissioners unless the said Number of Commissioners be present.

Also the Section numbered 40 in the same Act:

XL. The Commissioners shall hold an annual Meeting at the prescribed Time and Place, and if no Time or Place be prescribed then on the Third Wednesday in the Month of June in each Year, at a place to be appointed by the Commissioners, and the first of such annual Meetings shall be held in the Year after that in which the special Act is passed; and they shall also hold monthly Meetings for the Transaction of general Business, and the said monthly Meetings shall be held at the Office of the Commissioners, on such Day and Hour in each Month as the Commissioners shall from Time to Time appoint, and when any such Appointment is made the Clerk shall give Notice thereof to each of the Commissioners, and they shall afterwards, until the Time or Place of such monthly Meeting is changed, and Notice of such Change given to the Commissioners, attend such monthly Meetings without Notice.

And the First Annual Meeting of the Commissioners shall be held on the Twenty-seventh Day of November One thousand

(a.) See note to the 37th section of the Commissioners Clauses Act ante, page 23.

(Section 17)

and Owners

Meetings.

eight hundred and fifty-two, and subsequent Annual Meetings on the Twenty-seventh Day of November yearly; and at every Annual and Monthly Meeting of the Commissioners any Rate- Rate-payers payers or Owners of Property may be present, but they shall not present at take part in the Business of such Meetings; and any Ratepayer or Owner present at any Meeting who, in the Judgment of the major Part of the Commissioners then present, and voting on the Question, misbehaves himself, may be summarily removed by the verbal Order of the Chairman of such Meeting; and the Commissioners shall from Time to Time make Bye laws with respect Bye Laws as to to the Summoning, Notice, Place, Management, and Adjournment of such Meetings, and generally with respect to the Transaction and Management of Business by the Commissioners under this Act:

Also the Section numbered 41 in the said Act:

Meetings, &c.

missioners may

from Time to

XLI. The Commissioners present at such first Meeting, or at any Meetings of Comannual or monthly Meeting, or at any adjourned Meeting, may be adjourned from Time to Time adjourn such Meeting to the same or any other Time. Place within the Limits of the special Act, and if at any Meeting of the Commissioners there be not the prescribed Number, or where no Number is prescribed Five Commissioners, present within One Half Hour after the Time appointed for such Meeting, the Commissioners present, or the major Part of them, or any One Commissioner if only One be present, or their Clerk if no Commissioner be present, may adjourn such Meeting to another Day at the same or any other Place within the Limits of the special Act.

Also the Section numbered 42 in the said Act:

ings shall be held the ordinary Bu

Act, appointing,

Officers, & c.

XLII. The said monthly Meetings of the Commissioners shall be Monthly Meetheld for transacting the ordinary Business of the Commissioners for transacting under this or the special Act, and amongst the rest for appointing siness under this and removing the inferior Officers of the Commissioners, and and the special superintending their Conduct, and for inquiring into the Conduct &c. inferior of the Contractors or other Persons employed by them to execute any Works, and into the State and Progress of such Works, and generally for giving such Directions from Time to Time as may be necessary for carrying into effect the Purposes of this and the special Act.

rior Officers.

And by the Words "inferior Officers" in the said Section shall Meaning of infebe understood Officers other than the Clerk, Surveyor, Treasurer, Officer of Health, and Inspector of Nuisances; which said ex

D

(Section 17)

No extraordinary Business shall be transacted at monthly Meetings unless Notice be given.

No Resolution of Commissioners to be revoked at a subsequent Meeting unless under certain Circumstances.

As to the holding of special Meetings.

How Notices of Meetings of Commissioners are to be given.

cepted Officers shall be appointed and removed at Special Meetings of the Commissioners: (a)

Also the Section numbered 43 in the said Act:

XLIII. Where any Business other than ordinary Business is required or intended to be transacted at any monthly Meeting, the Clerk shall give Notice thereof to each of the Commissioners, and no such extraordinary Business, nor any new Rules or Regulations, shall be adopted at the monthly Meetings unless due Notice thereof have been given at a prior Meeting, and sent to each Commissioner in the Manner required for special Meetings.

And the Section numbered 44 in the said Act:

XLIV. No Resolution at any Meeting of the Commissioners shall be revoked or altered at any subsequent Meeting unless Notice of the Intention to propose such Revocation or Alteration be given by the Clerk to each of the Commissioners Seven Days at least before holding the Meeting, nor unless such Revocation or Alteration be determined upon by a Majority consisting of Two Thirds of the Commissioners present at such subsequent Meeting, if the Number of Commissioners present at such subsequent Meeting be not greater than the Number present when such Resolution was come to, or by a Majority if the Number of Commissioners present at such subsequent Meeting be greater than the Number present at such former Meeting.

And the Section numbered 45 in the said Act:

XLV. The Commissioners may hold special Meetings, and any Five or more of the Commissioners may require a special Meeting to be held, but no such Meeting shall be held unless Two clear Days Notice thereof at the least be given.

And in case of Emergency Special Meetings of the Commissioners may be held upon One Day's Notice, but the Resolutions of every such Meeting on Emergency shall depend for their Validity on the Confirmation of a subsequent regular Meeting:

Also the Section numbered 47 in the said Act:

XLVII. All Notices of any Meeting of the Commissioners shall be in Writing or in Print, or partly in Writing and partly in Print, and shall be by the Clerk delivered or sent by the Post, or otherwise, to the usual Place of Abode or Place of Business, if any,

(a.) It would appear that in consequence of this limitation the conduct, &c. of these excepted Officers can be superintended at a special meeting only.