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CHAPTER VII.

THE ASSESSORS.

Two assessors are to be chosen at the same time and in the same way as the auditors. A declaration of acceptance of office must be made by them.

Each assessor must in writing appoint a deputy, and cause the appointment to be entered on the council's minutes.

An extraordinary vacancy is filled up as in the case of auditors; the penalties and exemptions are the same. The duty of the assessors is to assist the mayor in revising the burgess lists. The office is honorary.

CHAPTER VIII.

OF THE TOWN CLERK AND HIS DUTIES (a).

THIS officer may be an attorney or barrister, but is usually the former; he will also be sanitary clerk.

His term of office is during the pleasure of the council, and his salary such as the council may fix as being reasonable.

Although the separate action of the council for municipal and sanitary purposes is (since the Public Health Act) to be discontinued, the clerk's duties may be distinguished as:-1. Municipal; 2. Sanitary.

His municipal duties are:

To cause the burgess lists to be printed and published, and to supply copies;

To receive notices of objections and claims,

(a) In boroughs where there are freemen he is required to keep the "freemen's roll," by which copies are to be kept by him for sale, and to which additions and reductions can be made on claims and objections, which are to be examined and decided by the mayor, with reference to the charter and the local customs and usages of each particular borough. 5 & 6 Will. 4, c. 76, ss. 2, 3, 4 and 5, and 1 & 2 Vict. c. 35.

make lists thereof, and give inspection, and publish, and provide copies of the same for sale;

To attend the revising court, produce thereat

the lists of objections and claims, and when they have been revised, cause the burgesses' names to be numbered and copied alphabetically in a book, which will form the burgess roll of the borough.

He must cause sufficient copies of the roll, divided into ward lists, to be printed for sale.

It will be his duty to give seven clear days' notice of the day fixed for the election of councillors, auditors, and assessors; and, by the same notice, require nominations to be delivered to him two clear days before the day of election :

To have printed, and (in like manner to the notice of election) publish the names and abodes of persons nominated; and assist the aldermen in their arrangements for elections; To keep the nomination and ballot papers after each election;

To summon the council to all meetings, and attend the same and take minutes of all proceedings;

To make a yearly abstract of the treasurer's account when audited, and have same printed for inspection and sale;

G.

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To attend committee meetings when required; To act as general adviser of the mayor and of the council; and in case of death, resignation, or lawful removal of the mayor, to convene a meeting of the council, within ten days, to supply the vacancy.

The charter, deeds, records and seal of the borough will be in his custody.

The seal should be attached to all contracts, and the appointment of officers should be under seal. The seal is proved by showing that the seal in question is that of the corporation (a).

Under the sanitary authority, it will be his duty:

To prepare the sanitary and other bye-laws required by the various acts investing the council with jurisdiction;

To convene and attend all meetings, and record the proceedings in specified form;

To prepare all checks, and countersign and deliver same, and file all vouchers relating thereto;

To keep an account of moneys supplied to the surveyor or inspector, and of all penalties and moneys payable to the council;

To keep a ledger, and enter all financial transactions in specified form;

(a) Morris v. Thornton, 3 Esp. 4.

To annually allocate the expenditure under separate heads;

To prepare a debtor and creditor summary for audit, and give notice of audit;

To conduct the correspondence of the council, and communicate its orders to the other officers, and report on any failures and neglect in the performance of their duties;

To prepare and approve all contracts and documents; superintend the making out of the rate estimates; prepare licences respecting slaughterhouses and knackers' yards, and the keeping of petroleum, and register the same; and perform all other matters applicable to his office in relation to the sanitary acts of the council.

The town clerk's salary is to be paid out of the borough fund.

Writs issued against the corporation may be served on the town clerk (b).

(b) If a mandamus be issued it will be served on the town clerk. A mandamus is a writ issued from the Queen's Bench directed to the corporation, and requiring them to do some particular act therein specified. The relief is granted only in cases where an action does not lie; as, for instance, to compel the corporation to affix the seal to a deed, or to proceed to the election of an officer, or to place a person on the burgess list. A rule is first obtained by moving in the Queen's Bench (supported by affidavit); the rule calls upon the corporation to show cause why the writ of mandamus should not issue; if no suffi

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