No. V. c. 76. d Schedule (A.); and in assigning the number of councillors to each ard the said barrister or barristers shall, as far as in his or their judg- 5 & 6 W. 4, ent he or they may deem it to be practicable, have regard as well to the number of persons rated to the relief of the poor in such ward as to he aggregate amount of the sums at which all the said persons shall be rated: Provided always, that the number of councillors assigned to oh ward shall be a number divisible by three; and a copy of the parlars of the number of councillors so assigned to the several wards of borough shall be forthwith transmitted to one of his Majesty's prinal secretaries of state, and, subject as aforesaid to the approval of his Majesty by the advice of his privy council, shall be published in the don Gazette, and another copy of such particulars shall be delivered the town clerk of the borough, to be by him safely kept among the blic documents of such borough; and the number of councillors so signed to each ward of such borough shall, after such publication as resaid, be the number to be elected in such ward, and shall so cone until the same shall be altered by authority of parliament: Proded always, that if his Majesty, by the advice of his privy council, all not approve the number of councillors so assigned to each ward, ch publication shall nevertheless be made, and the number of counors so assigned to each ward of such borough by such barrister shall e the number to be elected in such ward at any election of councillors der this act until such time as his Majesty shall by advice of his vy council, upon further information and report from such barrister, initively approve such assignment in manner herein-before mentioned. XLI. And whereas it may be convenient in divers boroughs to adhere Apportionment the division of the same into wards to the ancient division thereof of councillors parishes or into districts under any local act, or to adapt such for each ward ision to local circumstances, and such division so made might in which the render difficult such apportionment of councillors as is herein-before ancient division rected; be it therefore enacted, That in every such case the said bar- is adhered to. ter or barristers shall be empowered, at his or their discretion, subet as aforesaid to the approval of his Majesty by the advice of his privy mancil, to divide any borough in conjunction with the name of which, the said Schedule (A.), shall be mentioned any number of wards Creater than two, into any number of wards more or less by one than e number of wards mentioned in conjunction with the name of such borough in the said schedule. XLII. That the said barrister or barristers shall have power to require Power to y overseer, or person having the custody of any book containing any examine rate te made for the relief of the poor, in any parish wholly or in part books. ithin any borough to be divided into wards, to produce such book efore and allow the same to be inspected by the said barrister or barsters; and the said barrister or barristers shall have power to admister an oath to the overseers and to all other persons, who are hereby required to answer upon oath all such questions as the said barrister or arristers may put to them or any of them, touching any matter which the said barrister or barristers may deem necessary for enabling them execute the duties by this act imposed upon them. such wards. XLIII. That in every case in which there shall be a division into Councillors wards of any borough, the burgesses of every such ward, and none and assessors hers, shall on the day fixed for the first election of councillors sepa- to be elected tely elect from the persons qualified to be councillors the whole num- in wards by the ber of councillors assigned to such ward respectively, and on the first burgesses of ay of November in any subsequent year shall separately elect from the Persons qualified to be councillors one third part of the whole number f councillors assigned to such ward, and on the first day of March bext after the first election of councillors in such ward, and in every absequent year, shall separately elect from the persons qualified to be councillors two assessors for such ward; and every such ward election first after such division into wards of any such borough shall be held before the mayor, or the person whom the mayor for the time being shall No. V. 5 & 6 W. 4, c. 76. Burgesses to vote in the ward in which their property is situated. Lists of the burgesses in each ward to be made out yearly. appoint in that behalf, and in every succeeding year shall be hel before the alderman whom the councillors chosen in such ward sha yearly appoint in that behalf and before the two assessors of such war and the assessors who shall hold the court for revising the burgess list with the mayor shall be the assessors of the mayor's ward, and th votings and other proceedings in all other respects at such ward elec tions shall be conducted in the same manner as at elections of counci lors or assessors respectively by the burgesses of the whole borough and the alderman and assessors of each ward shall have the same power in regard to elections in their ward as the mayor and assessors for th whole borough if not divided into wards; and every person so elected councillor or assessor in such ward shall hold his office for the same tim that he would have held it if he had been elected by the burgesses of th whole borough and if the number elected in such ward had been th whole number for the borough. XLIV. That every burgess of any borough shall be entitled to vot in the election of the councillors and assessors to be chosen within tha ward in which the property of such burgess for which he appears to b rated on the burgess roll for the time being of such borough sha appear to be situated, and not otherwise; and if any burgess shall b rated in respect of distinct premises in two or more wards, then he shal be entitled to be enrolled and to vote in such one of the said wards a he shall select, but not in more than one. XLV. That for the purpose of better ascertaining who are the bur gesses of any such ward the burgess roll of every borough so divide into wards shall thenceforward be made out, by or under the direction of the town clerk, in alphabetical lists of the burgesses in each ward, te be called "ward lists." Manner of proXLVI. That if at any election of councillors or assessors for any ceeding if any borough any person shall be elected a councillor or assessor in mor person is elected than one of the wards of such borough, he shall within three days afte a councillor in notice thereof choose, or in his default the mayor shall declare, fo more than one which one of the said wards such councillor or assessor shall serve, and ward. such person shall thereupon be held to be elected in that ward only which he shall so choose, or which the mayor shall so declare. Occasional vacancies of councillor, auditor, or assessor to be filled up by fresh election. Penalties on mayor, over XLVII. That if an extraordinary vacancy shall be occasioned in the office of councillor, auditor, or assessor for any borough, the burgesses entitled to vote shall, on a day to be fixed by the mayor of such borough, or in the case of a councillor or assessor, where the borough shall have been divided into wards, by the alderman of the ward in which the vacancy has happened, (such day not to be later than ten days after such vacancy,) elect from the persons qualified to be councillors another burgess to supply such vacancy; and such election shall be held, and the voting and other proceedings, in case of a contest, shall be conducted in the same manner and subject to the same provisions as are herein-before enacted with respect to the election of councillors as aforesaid; and every person so elected shall hold such office until the time at which the person in room of whom he was chosen would regularly have gone out of office, and he shall then go out of office, but shall be capable of immediate re-election if then qualified as herein provided: Provided always, that after the full number to be regularly elected of the councillors in any year shall have declared their acceptance of office no new election of councillors shall be made by reason of such extraordinary vacancy, unless the number of councillors remaining after such vacancy shall not exceed two thirds of the whole number of the council of such borough. XLVIII. That if any mayor, alderman, or assessor of any borough who shall be in office at the time herein appointed for the revision by seers, &c. neg- them of the burgess list under this act, or for any election of councillecting to com- lors, assessors, or auditors which he is required to conduct or declare, ply with proshall neglect or refuse to revise such burgess list, or to conduct or visions of this declare such election as aforesaid, every such mayor, alderman, and act. sessor shall for every such offence forfeit and pay the sum of one undred pounds; and if any overseer of any parish wholly or in part thin any borough shall neglect or refuse to make out, sign, and eliver such list as aforesaid, or if the town clerk of any borough shall eglect or refuse to receive, print, and publish such lists as aforesaid, if any such overseer or town clerk shall refuse to allow any such to be perused by any person having right thereunto, every such erseer and town clerk respectively for every such offence shall forfeit pay the sum of fifty pounds; and the said penalties hereby in such imposed shall be recovered, with full costs of suit, by any person o will sue for the same within three calendar months after the comission of such offence, by action of debt or on the case in any of his Majesty's superior courts of record; and the money so to be recovered al, after payment of the costs and expences attending the recovery hereof, be paid and apportioned as follows; (that is to say) one moiety hereof to the person so suing, and the other moiety thereof to the asurer to be appointed by virtue of this act, to be by him applied in of the borough fund herein-after mentioned. No. V. 5 & 6 W. 4, c. 76. XLIX. That on the ninth day of November (1) in every year the Council to incil of the borough shall elect out of the aldermen or councillors of elect the mayor thborough a fit person to be the mayor of such borough, who shall every year from tinue in his office for one whole year; and in case a vacancy shall the councillors. occasioned in the office of mayor of the borough during such year y reason of any person who shall have been elected to such office not cepting the same, or by reason of his dying or ceasing to hold the ud office, the council of the borough shall within ten days after such ancy elect out of the aldermen or councillors of the said borough other fit person to be the mayor thereof for the remainder of the then urrent year. made a declaration of acceptance of office. L. That no person elected a mayor, alderman, or councillor, or Mayor, alderditor or assessor, for any borough, shall be capable of acting as such, men, and councept in administering the declaration herein-after contained, until he cillors, audiall have made and subscribed before any two or more such aldermen tors and assesscouncillors (who are hereby respectively authorized and required to ors, not to act dminister the same to each other) a declaration in the words or to the until they have fect following; (that is to say,) 'IA. B., having been elected mayor [or alderman, councillor, audior, or assessor] for the borough of do hereby declare, that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability; [and in the case of the party being qualified by estate say, and I do hereby declare that I am seised or possessed of real or personal estate, or both, [as the case may be,] to the amouut of one thousand pounds or five hundred pounds, as the case may require, over and above what will satisfy all my debts.].' And that every alderman who shall have made and subscribed the Aldermen, if bregoing declaration in respect of estate shall once in every period of required, to ree years, if required in writing so to do by any two members of the make a declaCouncil, make and subscribe a declaration that he is qualified to the ration of qualisame amount in real or personal estate, or both, as the case may then fication once in three years. e, as the amount mentioned in the declaration originally made and subscribed by him: Provided always, that nothing in this act contained hall be construed to dispense with the obligation of any person to make and subscribe the declaration provided and enjoined by an act made in the ninth year of his late Majesty George the Fourth, intituled An Act 9 G. 4, c. 17. for repealing so much of several acts as imposes the necessity of receiving The Sacrament of the Lord's Supper as a Qualification for certain Offices ad Employments. LI. That every person duly qualified who shall be elected to the office Every burgess of alderman, councillor, auditor, or assessor, and every councillor who elected to the (1) The first mayor under the act is to be chosen on the 1st January, 1836. No. V. 5 & 6 W. 4, c. 76. office of alderman, council lor, auditor, or assessor, and every council lor elected to the office of mayor shall accept the office or pay a fine to the borough fund. Exemptions. Any mayor alderman, or councillor, if he shall be declared bankrupt or insol vent, or absent himself from the borough shall lose his .office. shall be elected to the office of mayor, for any borough, shall accept such office to which he shall have been elected, or shall in lieu thereof pay to the mayor, alderman, and burgesses of such borough such fine not exceeding fifty pounds in case of aldermen, councillors, auditors, or assessors, and such fine not exceeding one hundred pounds in case of mayor, as the council of such borough by a bye-law to be made as herein-after provided shall declare in that behalf; and such fine if not duly paid shall be levied by the warrant of any justice having jurisdiction within the borough, who is hereby required on the application of the council to issue the same, by distress and sale of the goods and chattels of the person so refusing to accept office, with the reasonable charges of such distress; and every such person so elected shall accept such office by making and subscribing the declaration herein-before mentioned within five days after notice of his election, otherwise such person shall be liable to pay the said fine as for his non-acceptance of such office, and such office shall thereupon be deemed to be vacant and shall be filled up by a fresh election to be made in the manner herein-before mentioned: Provided always, that no person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, shall be liable to such fine as aforesaid : Provided also, that every person so elected to any such office who shall be above the age of sixtyfive years, or who shall have already served such office respectively, or paid the fine for not accepting such office respectively, within five years from the day on which he shall be so re-elected, shall be exempted from accepting or serving the same office if he shall claim such exemption within five days after notice of his election: Provided always, that nothing in this act contained shall extend to compel the acceptance of any office or duty whatever in any borough by any military, naval, or marine officer in his Majesty's service on full pay, or by any officer or other person employed and residing within any of his Majesty's dockyards, victualling establishments, arsenals, or barracks. LII. Provided always, That if any person holding the office of mayor, alderman, or conncillor for any borough shall be declared bankrupt, or shall apply to take the benefit of any act for the relief of insolvent debtors, or shall compound by deed with his creditors, or, being mayor, shall be absent for more than two calendar months, or, being an alderman or councillor, for more than six months, at one and the same time, (unless in case of illness), from the borough of which he shall be mayor, alderman, or councillor, then and in every such case such person shall thereupon immediately become disqualified and shall cease to hold the office of such mayor, alderman, or councillor as aforesaid, and in the case of such absence shall be liable to the same fine, to be recovered in the same manner, as if he had refused to accept the said office, and the council thereupon shall forthwith declare the said office to be void, and shall signify the same by notice in writing under the hands of three or more of them, countersigned by the town clerk, to be affixed in some public place within the borough, and the said office shall thereupon become void; but every person so becoming disqualified and ceasing to hold such office on account of his being declared a bankrupt, or of his applying to take the benefit of any act for the relief of insolvent debtors, or having compounded with his creditors as aforesaid, shall on obtaining his certificate or on payment of his debts in full, be capable (if otherwise qualified) of being re-elected to such office, and every person becoming disqualified to hold such office, on account of absence as aforesaid, shall on his return to such borough be capable of being re-elected to such office, provided he shall then be otherwise qualified. Penalty on LIII. That if any person shall act as mayor, alderman, or councillor, or auditor or assessor, for any borough, without having made the declapersons not qualified, &c. ration herein-before required in that behalf, or without being duly quaacting as maylified at the time of making such declaration, or after he shall cease to or, alderman, or be qualified according to the provisions of this act, or after he shall have councillor. become disqualified to hold any such office, he shall for every such No. V. & 6 W. 4, c. 76. Proviso. LIV. That if any person who shall have or claim to have any right to Persons convote in any election of mayor, or of a councillor, auditor, or assessor of victed of briany borough, shall, after the passing of this act, ask or take any money bery disqualior other reward by way of gift, loan, or other device, or agree or contract fied from voting for any money, gift, office, employment, or other reward whatsoever, to at any election give or forbear to give his vote in any such election, or if any person, in the borough. by himself or any person employed by him, shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure, or offer to corrupt or procure, any person to give or forbear to give his vote in any such election, such person so offending in any of the cases aforesaid shall for every such offence forfeit the sum of fifty pounds of lawful money of Great Britain, to be recovered, with full costs of suit, by any one who shall sue for the same, by action of debt, bill, plaint, or information in any of his Majesty's courts of Record at Westminster; and any person offending in any of the cases aforesaid, being lawfully convicted thereof, shall for ever be disabled to vote in any election in such borough, or in any municipal or parliamentary election whatever in any part of the United Kingdom, and also shall for ever be disabled to hold, exercise, or enjoy any office or franchise to which he then shall or at any time afterwards may be entitled as a burgess of such borough, as if such person was naturally dead. LV. That if any person offending in any of the cases aforesaid shall, Persons ofwithin the space of twelve months next after such election as aforesaid, dis- fending in any cover any other person offending in any of the cases aforesaid, so that such of the cases other person be thereon convicted, such person so discovering, and not aforesaid dishaving been before that time convicted of any such offence, shall be in- covering others so offending, to be discharged from all penalties. |