No. V. 5 & 6 W. 4, c. 76. Affirmation may be substituted for oath. barrister during the time that he shall have been employed in revising the lists of such borough; and the council of such borough shall forth with cause the same to be repaid to the said lords commissioner out of the borough fund of such borough; and the same, if not pai shall be deemed to be a debt due to his Majesty, and recoverable a such. XXI. That every person authorized by law to make an affirmatio instead of taking an oath shall make such affirmation in every case i which by this act an oath is required to be taken; and if any perso taking any oath required by this act, or making any affirmation instea of taking such oath, shall wilfully swear or affirm falsely, such perso shall be deemed guilty of perjury, and shall be punished accordingly. XXII. That the burgess lists so revised and signed as last aforesaic rough lists to be shall be delivered by the mayor to the town clerk of such borough, wh kept by the shall keep the same, and shall cause the said burgess lists to be fairl town clerk, and and truly copied into one general alphabetical list in a book to be b copied into him provided for that purpose, with every name therein numbered books, with the beginning the numbers from the first name, and continuing them in Revised bo names num bered. Such book to be the roll of burgesses entitled to vote. regular series to the last name, and shall cause such books to be com pleted on or before the twenty-second day of October (1) in every yea and shall deliver such books, together with the lists, at the expiratio of his office, to the person succeeding him in such office; and ever such book in which the said burgess lists shall have been copied sha be the burgess roll of the burgesses of such borough entitled to vote after the passing of this act, in the choice of the councillors, assessors and auditors of such borough, as herein-after mentioned, at any electio which may take place in such borough between the first day of Novem ber inclusive in the year wherein such burgess roll shall have bee No stamp duty made and the first day of November in the succeeding year; Provide on enrolment. that no stamp duty shall be payable in respect of the admission registry, or enrolment of any burgess, according to the provisions this act. Copies of the burgess roll to be printed for sale. Expences of overseers how to be defrayed. XXIII. That the town clerk of every borough shall cause to t written or printed copies of the burgess roll in every year, and sha deliver such copies to all persons applying for the same, on payment a reasonable price for each copy; and the monies arising from the sal thereof, and of the overseers' lists, and of the lists of claims and objec tions as aforesaid, shall be paid over to the treasurer of such borough and shall be applied by him in aid of the borough fund herein-afte mentioned. XXIV. That the said council of every borough shall take an accoun of the reasonable expences incurred by the overseers of the poor i carrying into effect the several provisions of this act so far as relates t the said lists, and shall order the treasurer of the said borough to pa the same out of the borough fund of the said borough. 66 Mayor, alder- XXV. That in every borough shall be elected, at the time and in th men, and coun- manner herein-after mentioned, one fit person, who shall be and be calle cillors to be "the mayor" of such borough; and a certain number of fit persons chosen in every who shall be and be called "aldermen" of such borough; and a certai borough, who number of other fit persons, who shall be and be called "the councillors' together shall of such borough; and such mayor, aldermen, and councillors for the tim constitute the being shall be and be called the council" of such borough; and th council of the number of persons so to be elected councillors of such borough shall b borough. the number of persons in that behalf mentioned in conjunction with th name of such borough in the Schedules (A.) and (B.) to this act ant nexed; and the number of persons so to be elected aldermen shall b one third of the number of persons so to be elected councillors; and o the ninth day of November (2) in this present year, the councillors firs (1) In 1835 the 22nd of December. No. V. c. 76. be elected under the provisions of this act, and on the ninth day of November in the year one thousand eight hundred and thirty-eight, and 5 & 6 W. 4, every third succeeding year, the council for the time being of every borough, shall elect from the councillors, or from the persons qualified be councillors, the aldermen of such borough, or so many as shall be eded to supply the places of those who shall then go out of office acrding to the provisions herein-after contained; and that upon the thday of November in the year one thousand eight hundred and ry-eight, and in every third succeeding year, one half of the number pointed as aforesaid to be the whole number of the aldermen of every cagh shall go out of office; and the councillors immediately after the selection of aldermen shall appoint who shall be the aldermen who all go out of office in the year one thousand eight hundred and thirtyht, and thereafter those who shall go out of office shall always be se who have been aldermen for the longest time without re-election: Provided always, that any alderman so going out of office may be forthh re-elected, if then qualified as herein provided; provided also, that aldermen so going out of office shall not be entitled to vote in the election of a new alderman. XXVI. That the mayor and aldermen shall, during their respective Mayor and fees, continue to be members of the courcil of the borough, notwith- aldermen to anding any thing herein-after contained as to councillors going out of continue to be e at the end of three years. members of the council during their offices. XXVII. That whenever any extraordinary vacancy shall take place Future vacanthe office of alderman of any borough, the council of such borough cies in the all, within ten days after such vacancy shall occur, on a day to be office of alderd by the mayor for such purpose, elect some other fit person to fill men how to be filled up. hvacancy, either from the councillors or from the persons qualified be councillors; and in case any councillor shall be elected to fill the ice of alderman, then the vacancy which will thereby be occasioned the council shall be filled up at the time and in the manner hereiner directed; and every person so elected an alderman to fill an extranary vacancy shall hold such office until the time when the person the room of whom he was chosen would regularly have gone out of ce, and he shall then go out of office, but may be re-elected if then ified as herein provided. XVIII. That no person being in holy orders, or being the regular Who are not ister of any dissenting congregation, shall be qualified to be elected qualified to be be a councillor of any such borough or an alderman of any such chosen mayor. ugh, nor shall any person be qualified to be elected or to be a coun- or councillor. lor or an alderman of any such borough who shall not be entitled to on the burgess list of such borough, nor unless he shall be seised or Possessed of real or personal estate or both to the following amount, at is to say, in all boroughs directed by this act to be divided into r or more wards to the amount of one thousand pounds, or be rated the relief of the poor of such borough upon the annual value of not than thirty pounds, and in all boroughs directed to be divided less than four wards, or which shall not be divided into wards, to amount of five hundred pounds, or be rated to the relief of the poor such borough upon the annual value of not less than fifteen pounds, during such time as he shall hold any office or place of profit, other an that of mayor in the gift or disposal of the council of such borough, during such time as he shall have directly or indirectly, by himelf or his partner, any share or interest in any contract or employent with, by, or on behalf of such council; provided that no person all be disqualified from being a councillor or alderman of any borough aforesaid by reason of his being a proprietor or shareholder of any pany which shall contract with the council of such borough for hting or supplying with water or insuring against fire any part of Each borough. XXIX. That every burgess of any borough who shall be enrolled on vote in the burgess roll for the time being of such borough shall be entitled to election for Who shall No. V. 5 & 6 W. 4, c. 76. Councillors to be chosen on every year. vote in the election of councillors and of the auditors and assesso herein-after mentioned for such borough, and no person who shall n be enrolled in such burgess roll for the time being shall have any voi or be entitled to vote in any such election. XXX. That upon the first day of November (1) in every year tl burgesses so enrolled in every borough shall openly assemble and ele the 1st Nov. in from the persons qualified to be councillors the councillors of su borough, or such part of them as shall be needed to supply the places those who shall then go out of office: Provided nevertheless, th whenever any day by this act appointed for any purpose shall in a year happen on a Sunday, in every such case the business so appoint to be done shall take place on the Monday following. One third part of the council to go out of office annually. Elections to be held before mayor and assessors. Mode of voting. Polling booths to be provided. XXXI. That upon the first day of November, one thousand eig hundred and thirty six, and in every succeeding year, one third pa of the number appointed as aforesaid to be the whole number of t councillors of every borough shall go out of office; and in the said ye one thousand eight hundred and thirty-six those who shall go out office shall be the councillors who were elected under the provisio of this act by the smallest numbers of votes in this present year, a in the next year, one thousand eight hundred and thirty-seven, the who shall so go out of office shall be the councillors who were elect under the provisions of this act by the next smallest numbers of vot in this present year, the majority of the whole council always det mining, when the votes for any such persons shall have been equ who shall be the persons so to go out of office; and thereafter the who shall so go out of office shall always be the councillors who ha been for the longest time in office without re-election; Provid always, that any councillor so going out of office shall be capable being forthwith re-elected, if then qualified, as herein provided. XXXII. That every election of councillors within any borough : cording to the provisions of this act shall be held before the may and assessors for the time being of such borough, except as herein excepted; and the voting at every such election shall commence nine o'clock in the forenoon, and shall finally close at four o'clock the afternoon of the same day, and shall be conducted in manı following; that is to say, every burgess entitled to vote in the electi of councillors may vote for any number of persons not exceeding t number of councillors then to be chosen, by delivering to the may and assessors or other presiding officer as herein-after mentioned voting paper, containing the christian names and surnames of t persons for whom he votes, with their respective places of abode a descriptions, such paper being previously signed with the name of 1 burgess voting, and with the name of the street, lane, or other pla in which the property for which he appears to be rated on the burge roll is situated. XXXIII. That at every election in any borough the mayor, if shall appear to him expedient for taking the poll at such electic may cause booths to be erected, or rooms to be hired and used such booths, for different parts of such borough, which may be situat either in one place or in several places, and shall be so divided a allotted into compartments as to the mayor shall seem most convenier and the mayor shall appoint a clerk to take the poll at each compa ment, and shall cause to be affixed on the most conspicuous part of ea of the said booths the names of the parts for which such booth is r pectively allotted; and no person shall be admitted to vote at any su election except at the booth allotted for the part wherein the hou warehouse, counting-house, or shop occupied by him as described the burgess roll may be; but in case no booth shall happen to be pi vided for any particular part as aforesaid the votes of the persons voti (1) In 1835, on the 26th December. respect of property situate in any part so omitted may be taken at ay of the said booths; and public notice of the situation, division, 5 ad allotments of the different booths shall be given two days before The commencement of the poll by the mayor; and in case the booths ill be situated in different places the mayor may appoint a deputy to de at each place: provided also, that no election shall be holden der this act in any borough in any church, chapel, or other place or phic worship. No. V. & 6 W. 4, c. 76. the voter except IXXIV. That no inquiry shall be permitted at any election as to the No inquiry of ht of any person to vote as a burgess in any borough, except only as ws; (that is to say,) that the mayor or other presiding officer shall as to his idenrequired by any two burgesses entitled to vote in the same borough, ther he has tity, and wheto any voter at the time of his delivering in his voting paper, and voted before at afterwards, the following questions, or any of them, and no other: the same elec1. Are you the person whose name is signed as A. B. to the voting tion. paper now delivered in by you? Forms of ques 1. Are you the person whose name appears as A. B. on the burgess tions as to roll now in force for this borough, being registered therein as these points. rated for property described to be situate in [Here specify the street, &c., as described in the burgess roll.] 3. Have you already voted at the present election? ? And no person required to answer any of the said questions shall be itted or qualified to vote until he shall have answered the same; ed if any person shall wilfully make a false answer to any of the quesas aforesaid he shall be deemed guilty of a misdemeanor, and may indicted and punished accordingly. XXXV. That the mayor and assessors shall examine the voting Result of elecers so delivered as aforesaid, for the purpose of ascertaining which tion how to be the several persons voted for are elected; and so many of such per- declared. s, being equal to the number of persons then to be chosen, as shall re the greatest number of votes, shall be deemed to be elected; and case of an equality in the number of votes for any two or more pers, the mayor and assessors, or any two of them, shall name from ongst those persons for whom the number of votes shall be equal so ay as shall be necessary to complete the requisite number of persons be chosen; and the mayor shall cause the voting papers to be kept the office of the town clerk during six calendar months at the least er every such election; and the town clerk shall permit any burgess inspect the voting papers of any year, on payment of one shilling for ry search; and the mayor shall publish a list of the names of the Persons so elected not later than two of the clock in the afternoon of day next but one following the day of such election, unless such ay be Sunday, and then on the Monday following. XXXVI. That if the mayor of any borough shall at the time when it An alderman all be necessary to execute the powers and duties herein provided to be chosen th respect to elections, be dead, absent, or otherwise incapable of to preside at ting, the council of such borough shall forthwith elect one of the election in case dermen to execute all such powers and duties in the place of the of the death or ayor; provided that in the first election of councillors and of auditors inability of the assessors, as herein-after provided, the mayor alone shall act with mayor. the powers and duties herein-before enacted concerning the mayor d assessors jointly in such elections. XXXVII. That on the first day of March in the year one thousand Election of aught hundred and thirty-six, and in every succeeding year, the bur- ditors and ses of every borough shall elect from the persons qualified to be assessors. ouncillors by a majority of votes, two burgesses, who shall be and be alled auditors of such borough, and two burgesses, who shall be and called assessors of such borough; and every such auditor and ssessor shall continue in office until the first day of March in the year lowing his election; and the election of such auditors and assessors respectively shall be in form and manner herein-before provided for the ection of councillors; provided nevertheless, that in every such No. V. 5 & 6 W. 4, c. 76. Existing mayors and councillors to go out of office on election of councillors under this act. Where boroughs are to be divided into wards, the bounds of the wards to be determined by the barristers appointed to revise the lists. Number of each ward to election of auditors or assessors no burgess shall vote for more tha one person to be an auditor or assessor; provided also, that no burges shall be eligible to be or be elected such auditor or assessor as aforesai who shall be of the council, or the town clerk or treasurer of suc borough. XXXVIII. That after the declaration of the first election of the cou cillors under the provisions of this act in any borough, the mayc aldermen, and common councilmen, and all other members of th common council or governing body of the body corporate named conjunction with such borough in the said Schedules (A.) and (B.), 1 whatever name or style they may be known or called, then in offic shall go out of office, and their whole powers and duties shall ceas Provided nevertheless, that any of the persons so going out of offi shall be eligible to be elected and appointed under the provisions this act Provided also, that such persons as are justices of the pea in any borough at the time of passing this act shall continue to ha and exercise all the powers which at the time of passing this act the have as justices of the peace, until the first day of May in the year of thousand eight hundred and thirty-six, and no longer: Provided als that in every borough in which, by statute, charter, bye-law, or custor any election is appointed to be holden between the day of the passing this act and the first day of May next, both inclusive, no such electic shall be holden, but every person holding office in any borough on tl day of the passing of this act shall continue to hold such office, and have all the powers, and be subject to all the duties, and be entitled the same salary and fees of such office, as he would have had and be if elected to such office between the day of the passing of this act an the said first day of May until the time provided by this act for him to out of office; any statute, charter, bye-law, or custom notwithstanding XXXIX. And whereas it is expedient that certain boroughs of lar population should be divided into wards before any election of cou cillors for such boroughs should take place; be it therefore enacte That every borough in the said Schedule (A.) shall be divided into tl number of wards mentioned in such schedule in conjunction with tl name of such borough; and that it shall be lawful for the barrister · barristers appointed in pursuance of the provisions herein-before co tained to revise the burgess and councillors lists of any borough in tl present year, and he or they is and are hereby required within the spa of six weeks next after the passing of this act to determine and set o the extent, limits, and boundary lines of such wards, and what portion of such borough shall be included therein respectively; and the copy the particulars of such division shall be forthwith transmitted to one his Majesty's principal secretaries of state, and, if his Majesty by advic of his privy council shall approve such determination, shall be publishe in the London Gazette, and another copy of such particulars shall I delivered to the town clerk of such borough, to be by him safely kep among the public documents of such borough; and every such boroug shall, after such publication as aforesaid, be deemed to be divided int such wards as shall be so determined and set out as aforesaid, and suc division shall continue and be in force until the same shall be altered b authority of parliament: Provided always, that if his Majesty, by advic of his privy council, shall not approve such determination, such publi cation as aforesaid shall nevertheless be made, and such division be i force for the purpose of any election under the provisions of this act and until such time as his Majesty shall by advice of his privy council upon further information and report from such barristers, definitivel approve the division of such borough into wards in manner herein before mentioned. XL. That the said barrister or barristers shall, after the division o councillors for the borough into such number of wards as is directed by this act, ap portion among the several wards of such borough the number of coun be assigned by cillors mentioned in conjunction with the name of such borough in the the barristers according to certain rules. |