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(Sections IV. That in citing this Act in other Acts of Parliament, and 4, 5, 6, 7.) in legal or other Proceedings or Instruments, it shall be sufficient Short Title of to use the Expression “The Cheltenham Improvement Act, 1852."
V. That this Act shall apply to and be in force within and Limits of the Act. throughout the entire Area comprised within the Boundaries of the Borough and Parish of Cheltenham in the County of Gloucester.
VI. That the Number of Persons for executing this Act shall Number of be Thirty, and they shall be called "The Cheltenham Improvement their Style. Commissioners," and such Commissioners shall be qualified as hereinafter mentioned; and the Persons named in the Schedule (A.) to this Act annexed shall be the First Body of Commissioners, and shall go out of Office in manner hereinafter mentioned, and in their Stead the future Commissioners for executing this Act shall be elected in manner herein-after also mentioned.
VII. That for the Purpose of the Representation by Commis- Division into sioners under this Act, the Borough shall be divided into Five Number of Wards; namely, East Ward, North Ward, West Ward, Middle for each ward. Ward, and South Ward, severally described in the Schedule (A.) to this Act annexed ; and each of the said Wards shall be considered as a separate Election District, and the First Body of
and the sentence in which such word occurs shall be construed as if, instead of the word "preseribed," the expression “prescribed for that purpose in the special act” had been used;"
In the Commissioners Clauses Act it is enacted that “The expression " the undertaking” shal mean the undertaking or Works, of whatever nature, which shall by the special act be authorised to be executed or carried on;"
"The word "Sheriff” shall mean the Sheriff Depute of the County or Ward of a county in Scotland and the Steward Depute of the Stewartry in Scotland in which any matter submitted to the Cogni. zance of the Sheriff arises, and shall include the substitutes of such Sheriff Depute and Steward Depute respectively :"
“The expression " the Clerk” shall mean the clerk of the Commissioners, and shall include the word “ Secretary:" and
“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.”
In the Towns Improvement Clauses Act and the Town Police Clauses Act it is enacted that "The Ford Cattle shall include horses, asses, mules, sheep, goats, and swine.”
In the Cemetery Clauses Act it is enacted that “The expression “the Cemetery" shall mean the Cemetery or Burial Ground, and the works connected therewith, by the special act authorised to be constructed :"
And “ The expression “Established Church" shall mean the United Church of England and Ireland as by law established :"
The only words differing in interpretation, so far as effects the Borough of Cheltenham, are--.
The words "Owner" and “Street" in the Towns Improvement Clauses Act which are interpreted in such act as follows:--
“The word “Owner," used with reference to any Lands or Buildings in respect of which any work is required to be done, or any rate to be paid, under this or the special act, shall mean the person for the time being entitled to receive, or who, if such Lands or Buildings were let to a Tenant at rack-rent, would be entitled to receive the rack-rent from the occupier thereof :"
“ The word “Street" shall extend to and include any road, square, court, alley, and thoroughfare within the limits of the special act:"
And the word “Street” in the Town Police Clauses Act, which is therein interpreted as follows:
“The word "Street" shall extend to and include any road, square, court, alley, and thoroughfare or publie passage within the limits of the special act."
Commissioners shall represent the Wards under which their
Rotation of And with respect to the Rotation of the Commissioners, be it Commissioners.
enacted, Sections 17, 18, 19, and 20 of 10
VIII. That the following Sections of the Commissioners Clauses and 11 Vict.c. 16. Act, 1847, shall be incorporated with this Act: with this Act.
The Section numbered 17 of the said Act :
One Third of Commissioners XVII. Where by the special Act it is provided that the Commisto go out of Office every Year. sioners shall be elected by the Rate-payers within the Town, or
other like Class of Electors,* the first Body of Comissioners, 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. Twentieth of And the Time of first going out of Office shall be the Twentieth Novernber, time of going out of Day of November One thousand eight hundred and fifty-three,
and the Day of subsequent going out of Office shall be the Twentieth Day of November in each year :
• See section 9 post.
REELIGIBILITY, OCCASIONAL VACANCIES, ROTATION LIST. 9
(Section 8.) Also the Section numbered 18 of the said Act: XVIII. Every Commissioner going out of Office by Rotation, or Commissioners
otherwise ceasing to be a Commissioner, may be re-elected, and re-elected. after such Re-election he shall, with reference to going out by Rotation, be considered as a new Commissioner.
Also the Section numbered 19 of the said Act: XIX. If any of the Commissioners die or resign, or be disqualified, Mode of supply
or cease to be a Commissioner from any other Cause than that of Vacancies. 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.
Also the Section numbered 20 of the said Act. XX. In order to determine the Rotation by which such first Body Manner of
of Commissioners shall go out of Office, the Commissioners shall Rotation List. 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 Ballotting 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 (6) (and which Electoral Divisions are herein-after 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
Proportiors herein-before or in the special Act mentioned. And with respect to the Election of Commissioners, be it Election of
Commissioners, acted, (h) Bee the Interpr. tation of the word “ Town" note to page 7 ante.
Premises in the Borough, and the Persons named in such Rate
as the Owners of such Premises, shall be entitled to vote: (a.) As to Occupiers Qualification to
Provided always, That no Person rated as Occupier shall be entitled to vote as such at the First Election, unless he has been rated as Occupier to the Borough Rate for the Period from the Commencement of such Rate being made to the Tenth Day of November One thousand eight hundred and fifty-three, nor at any subsequent annual Election unless he has been rated to the Borough Rate for the Period of One whole Year immediately preceding the Sixth Day of November in each Year, and have paid all Borough Rates made upon him for the respective Periods aforesaid, except such as have been made or become due within the Six Months immediately preceding the Sixth Day of November yearly; nevertheless the Premises in respect of the Occupation of which any Person has been so rated need not be the same Premises or in the same Ward, but may be different Premises in
the Borough : Paupers not to Provided also, That no Person shall be entitled to vote as vote.
Occupier or Owner in any One Year who within Twelve Calendar
shall have received Relief from any Parish or Union : Occupiers to vote Notwithstanding the charging of Owners under this Act with if Rates paid by them or by Rates in respect of any Premises, such rating or charging shall Owners.
not in any Manner affect or prejudice the Right of Persons to vote as Occupiers of such Premises under this Act, provided that such Owners or Occupiers have paid the Amount of Rate payable in respect of the Premises for which such Occupiers shall
claim to vote. Sections 21, 22, X. That the following Sections of the Commissioners Clauses 23, and 24 of 10 and 11 Vict. c. 16. Act, 1847, shall be incorporated with this Act : incorporated
The Section numbered 21 of the said Act: Annual Meeting
XXI. For the Purpose of electing Commissioners from Time to Time
with this Act.
in the Place of those who go out by Rotation, a 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
for Election of Commissioners.
(a) The Powers of am nding the Rates con'ained in section 102 of the Public Health Act incor porated by section 120 post,are hardly sufficient for making the Borough Rate an accurate Registry for Owners and Occupiers quoad Election Purposes. See Note page 4 aute.
November to be
Section 10.) 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. And the Day of the First Election shall be the Twentieth Day Twentieth of November One thousand eight hundred and fifty-three, and day of Election. the Day of subsequent Election shall be the Twentieth Day of November in each succeeding year:
Also the section numbered 22 of the said Act: XXII. Where the Appointment of the Returning Officer to act at the ReturningOficer
at Elections, Election of Commissioners is not provided for by the special Act, the Chairman (a) 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 Presiding Officer the Ward for which he was elected a Commissioner, 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. Also the Section numbered 23 of the said Act:
(a ) 1 the Chairman bappen to be one of those Commissioners going out by rotation on the 20th November, the day of Election, how can he act as presiding Officer of his Ward on the 20th, declare the State of the Poll, and send to the newly elected Commissioners on or before the 22. d of Noveinber, and act as Returning Officer ? This may suggest a caution, as to appointing any Commissioner to be Chairman on the year of his going out of Office, and as to appointing presiding Officers from among the Commissioners who retire. The power to fill up vacancies in this section cannot apply to vacancies arising from the events mentioned as above; the Returning and presiding Officers going out on the 20th could never have been capable of acting.
The Poor Law Act 7 & 8 Vict. o. 101. sec. 17 provided that Guardians should remain in Office for the year " or until the election of Guardians for the succeeding year;"' and the Public Health Act, sec, 21, not incorporated with ibis Act, provided for the chairmanship being vacant. See note to section 37 of the Commissioners Clauses Act incorporated by section 17, post, and note to section 33 of the Commissioners Clauses Act incorporated by section 12, post.