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(Section 12.) to be but One Occupier or One Owner for the Purpose of voting under this Act, and shall vote by Proxy appointed in Writing under their Common Seal (in case of a Corporation), or in any other Case) under the Hands of Three Directors or other persons in the Direction or Management of the Company or Concern ; and no Member of such Corporation, nor any Proprietor or Person interested in such Company or Concern, shall be entitled to vote individually as Occupier or Owner in respect of such Premises :
In every Case of voting by Proxy the Appointment of Proxy, Appointment of and in the Case where a solemn Declaration is herein-before exhibited to the
ReturningOfficer required, together with such Declaration, shall be exhibited to the Returning Officer (a.) at the Time of Election; and instead of the Questions herein-before prescribed the following Questions may be put to such Proxy on voting ; that is to say,
1. Is the Party for whom your Name is signed as Proxy Onestions to be
assessed as C.D. on the Borough Rate in respect of Pro-
as described in the Rate.]
of Occupation as aforesaid :
Proxy]: And no Person required to answer any of the said Questions shall be permitted or qualified to vote until he has answered the Misdemeanor. same ; and if any Person wilfully make a false Answer to any of the Questions aforesaid he shall be decmed guilty of a Misdemeanor, and may be indicted and punished accordingly :
False Answers a
(0.) Was this meant for Presiding Officer?
Also the Section numbered 29 of the said Act :
Poll may be closed if no Voting Paper be tendered for One Hour.
XXIX. The presiding Officer, at any Place of voting, may close the
voting or Poll at any Time before Four of the Clock, if One Hour have elapsed during which no Voting Paper has been tendered at such Place of voting.
Also the Section numbered 30 of the said Act:
ReturningOfficer to examine Poll Books ;
Decide by lot if two Commissioners have equal votes ; declare poll and send to Commissioners elected.
XXX. After the Close of the Poll the Returning Officer, or where
the Commissioners are elected for Wards the presiding Officer in each Ward, shall examine the Poll Books, and, if necessary, compare the Entries therein with the Rate Book and with the Voting Papers so delivered as aforesaid for the Purpose of ascertaining the Number of Votes given for each Person; and so many of such Persons, being not more than the Number of Persons then to be chosen for the Town, or for each Ward, as the Case may be, and having the prescribed Qualification, as shall have the greatest Number of Votes shall be deemed to be elected ; and in case of an Equality in the Number of Votes for any Two or more such Persons, the presiding Officer shall, if necessary to prevent an Excess in the Number of Commissioners, decide by Lot which of such Persons shall be elected; and the presiding Officer shall, not later than Two of the Clock in the Afternoon of the Day next but one following the Day of such Election, unless such Day be Sunday, and then on the Day following, publish a List of the Names of the Persons so elected, and he shall also send a Notice to each Person so elected, informing him of his being elected a Commissioner.
Also the Section numbered 31 of the said Act:
Voting Papers and poll books to be delivered by Presiding Officer to clerk.
XXXI. Within Four Days after every Election the Returning
Officer, or where the Commissioners are elected for Wards the presiding Officer in each Ward, shall cause the Voting Papers delivered as aforesaid to be arranged in alphabetical Order, and numbered according to the Names of the Voters, and shall deliver them, together with the Poll Books, to the Clerk to the Commissioners; and such Clerk shall, during Six Months at least after every such Election, keep such Voting Papers and Poll Books at his Office, and shall permit any Person to inspect the same on Payment of a Fee of One Shilling, and if such Clerk shall refuse or fail to allow such Inspection he shall for every such Refusal or Failure be liable to a Penalty of Ten Pounds.
Clerk to keep same six months for inspection under penalty.
Also the Section numbered 32 of the said Act:
Section 12.) XXXII. If any Person be elected a Commissioner in more than Manner of pro
One Ward, he shall, within Three Days after Notice thereof, Person is clected choose, or in default thereof the Commissioners at their next Meet- in more than one ing shall declare, for which One of the Wards such Commissioner shall serve, and he shall thereupon be held to be elected in that Ward only, which he shall so choose or which the Commissioners shall so declare, and shall cease to be a Commissioner for any other Ward.
Also the Section numbered 33 of the said Act:
XXXIII. If from any Cause no Election take place on the Day If no Election on
appointed for the same, either for the Town or for any Ward, it may be made the Election shall stand adjourned until the same Day of the on a subsequent
Day. following Week, (a.) and the Returning Officer shall give not less than Three Days previous Notice thereof by Advertisement or by Placards, affixed in public Places in the Town; and in such Case the Commissioners who would on that Day have retired from Office by Rotation shall continue in Office until such adjourned Election takes place.
Also the Section numbered 31 of the said Act :
XXXIV. No Election of Commissioners shall be liable to be ques- Election not to be tioned by reason only of any Defect in the Title, or any Want of oid for Want of
Title in Title, of the Person by or before whom such Election shall have Officer. been held; provided that such Person have been actually appointed to preside, or have been acting in the Office giving the Right to preside at such Election.
Also the Section numbered 35 of the said Act.
XXXV. All Expenses of or incident to any Election incurred by the
Returning Officer or presiding Officer shall be repaid to them by the Commissioners out of the Monies arising from the Rates autho- he laid out o rized to be levied for the Purposes of the special Act; and all Overseers and other parochial Officers or other Persons shall be in like Manner paid a reasonable Remuneration for Attendance at the Election, with Rate Books, and for any other Services performed in relation to such Election; and any Dispute res- pi-putes rettled pecting the Amount of such Expenses and Remuneration shall sieriff. be determined by a Justice, or by the Sheriff, 1b.) who shall
by Justice or
(a.) This will be the 27th of November, the day of the annual meeting ; this will be awkward ; and who is to be the Returning Officer ? the Chairman goes out on the 27th, and see note to page 11.
(6.) The word “Sheriff” only applies to Scotland see the Interpretation of it in note to section 3, page 7 ante.
Sections 13, 14, 15.)
have Power also to fix the Costs attending such Determination,
and to order by whom the same shall be paid. (a.) Penalty upon XIII. That if any presiding Officer shall neglect or refuse to ducting Elections comply with any of the Provisions of this Act in respect to such
Election, he shall be liable to a Penalty of Fifty Pounds, recoverable by any Person, with Costs of Suit, by Action of Debt in any competent Court; and any Person employed by or under the presiding Officer who shall be guilty of any such Neglect or Refusal shall be liable for every such Offence to a Penalty not
exceeding Three Pounds: Penalty for And if any Elector or other Person wilfully, fraudulently, and falsifying Voting Papers, or with Intent to affect the Result of the Election, fills up, or signs, obstructing voters, or assis or delivers in at the Election, or in any way falsifies any Voting
. tants at Elections.
Paper, contrary to the Provisions of this Act, or obstructs or
Costs of Suit.
And with respect to the Qualification, Disqualification, and &c.
Declaration of Commissioners, be it enacted,
XIV. That every Male Person of full Age, having his usual
Place of Residence in the Borough or within Five Miles thereof, Commissioner. and either being in his own Right or in Right of his Wife seised
or possessed of Real or Personal Estate, or both, to the Value or Amount of One thousand Pounds over and above what will pay all his Debts, or being rated (6.) to the Relief of the Poor of the Parish upon a net annual Value of Forty Pounds or upwards, and not being an uncertificated Bankrupt or undischarged insolvent Debtor, shall be qualified to be elected a Commissioner under
this Act, and no other Person shall be eligible to that Office. 10, 12, 13, 14, 15,
XV. That the following Sections of the Commissioners Clauses incorporated Act, 1847, shall be incorporated with this Act: with this Act.
What necessary to render Persons eligible to the Office of
Sections 6, 7, 9,
(a.) It does not appear how these expenses, costs, or remuneration are to be recovered, nor is thereany general provision as in the Towns Improvement Clauses Act and Town Police Clauses Act, providing for the recovery of damages, costs, and expenses, the method of recovering or enforcing payment of which, is not provided for. See note toscction 129 of the Public Health Act incorporated by section 127 post. By section 80 of the Public Health Act incorporated by section 68 post, the expenses and damages occasioned by the Commissioners in examining gas pipes, &c. are directed to be recovered against them in a summary manner, and see section 144 of the Public Health Act incorporated by section 26 post.
(6.) The facility for persons getting rated on the Poor Rates, under fictitious claims, renders this qualification not very formidable. The Protection afforded by the Election Laws may purge the Register, not the Poor Rate.
and 16 of 10 and 11 Vict. c. 16.
The Section numbered 6 of the said Act :
VI. Where by the special Act the Qualification of the Commis- Joint Owners or
sioners is made to depend upon their being rated in respect of qualitied eligible 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. And if Two or more Persons be jointly seised or possessed of Joint possessors Real or Personal Estate, or both, of such Value or Amount as sonal Property. would, if equally divided between them or among them, qualify each to be elected, each of the Persons so jointly seised or possessed may be elected :
Also the Section numbered 7 of the same Act: VII. The same Property shall not at the same Time give a Qualifi- Same Property
not to give Two cation as Commissioner to one Person as the Owner, and to ano- Qualifications. ther as the Occupier thereof. Also the Section numbered 9 of the same Act:
Contract to be a
IX. Any Person who at any Time after his Appointment or Election No Person as a Commissioner shall accept or continue to hold any Office or concerned in a
holding Office or Place of Profit under the special Act, or be concerned or participate in any manner in any Contract, or in the Profit thereof, or of any Work to be done under the Authority of such Act, shall thenceforth cease to be a Commissioner, and his Office shall there-upon become vacant. Also the Section numbered 10 of the same Act :
X. Provided always, That no Person being a Shareholder or Mem- Shareholders in
ber of any Joint Stock Company established by Act of Parlia- lished by Act of ment shall be prevented from acting as a Commissioner by reason disqualified by of any Contract entered into between such Company and the reason of Commissioners; but no such Commissioner, being a Member of such Company, shall vote on any Question relating to the Execution of this or the special Act in which such Company is interested. Also the Section numbered 12 of the same Act:
XII. No Person shall be capable of acting as a Commissioner, except made by Comin administering the Declaration herein-after mentioned, until he missioners before