The Sun.
London, England, 1835-09-30 00:00:00

TH.

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 1
ward l'a 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 quali-
fied 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 ex-
traordinary vacancy, unless the number of councillors re-
maining after such vacancy shall not exceed two-thirds of
the whole number of the council of such borough.

PENALTIES ON MAYOR, OVERSEERS, &C., NEGLECTING TO

COMPLY WITH THE PROVISIONS OF THIS ACT.
48. And be it enacted, that if any mayor, alderman, or
assessor of any borough, who shall be in office at the time
herein appointed for the revision by them of the burgess-list
under this Act, or for any election of councillors, assessors,
or auditors which he is required to conduct or declare, shall
neglect or refuse to revise such burgess-list, or to conduct
or declare such election as aforesaid, every such mayor,
alderman, and assessor shall, for every such offence, forfeit
and pay the sum of 100/. ; and if any overseer of any
parish, wholly or in part, within any borough, shall neglect
or refuse to make out, sign, and deliver such list as afore-
said, or if the town-clerk of any borough shall neglect or
refuse to receive, print, and publish such lists as aforesaid,
or if any such overseer or town-clerk shall refuse to allow
any such list to be perused by any person having right
thereunto, every such overseer and town-clerk respectively
for every such offence shall forfeit and pay the sum of 50/. ;
and the said penalties hereby in such case imposed shall be
recovered, with full costs of suit, by any person who will
sue for the same within three calendar months after the
commission 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 shall, after payment of
the costs and expenses attending the recovery thereof, be
paid and apportioned as follows (that is to say), one moiety
thereof to the person so suing, and the other moiety thereof
to the treasurer to be appointed by virtue of this Act, to be
by him applied in aid of the borough fund hereinafter-
mentioned.

COUNCIL TO ELECT THE MAYOR EVERY YEAR FROM THE
COUNCILLORS.
49. And be it enacted, that on the 9th day of Novem-
ber in every year, the council of the borough shall elect out
of the aldermen or councillors of such borough a fit person
to be the mayor of such borough, who shall continue in his
office for one whole year ; and in case a vacancy shall be
occasioned in the office of mayor of the borough during
such year, by reason of any person who shall have been
elected to such office not Accepting the same, or by reason
of his dying or ceasing to hold the said office, the council
of the borough shall, within ten days after such vacancy,
elect out of the aldermen or councillors of the said borough
another fit person to be the mayor thereof for the remainder
of the then current year.
MAYOR, ALDERMEN, AND COUNCILLORS, AUDITORS, AND
ASSESSORS, NOT TO ACT UNTIL THEY HAVE MADE A
DECLARATION OF ACCEPTANCE OF OFFICE.-ALDER-
MEN, IF REQUIRED, TO MAKE A DECLARATION OF QUA-
LIFICATION ONCE IN THREE YEARS.
50. And be it enacted, that no person elected a mayor,
alderman, or councillor, or auditor or assessor, for any
borough, shall be capable of acting as such, except in ad-
ministering the declaration hereinafter contained, until he
shall have made and subscribed before any two or more such
aldermen or councillors (who are hereby respectively autho-
rized and required to administer the same to each other) a
declaration in the words or to the effect following ; (that is
to say)—
" I, A. 8., having been elected mayor [or alderman, coun-
cillor, auditor, or assessor] for the borough of , do
hereby declare, that I take the said office upcn 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 amount 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 sub-
scribed the foregoing declaration in respect of estate shall
once in every period of three years, if required in writing so
to do by any two members of the council, make and subscribe
a declaration that he is qualified to the same amount in real
or personal estate, or both, as the case may then be, as the
amount mentioned in the declaration originally made and
subscribed by him : Provided always, that nothing in this
Act contained shall be construed to dispense with the
obligation of any person to make and subscribe the de-
claration provided and enjoined by an Act made in the
ninth year of his late Majesty George the Fourth, inti-
tuled, "An act 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 and
employments."

Mr s
'

EVERY BURGESS ELECTED TO THE OFFICE OF ALDERMAN
COUNCILLOR, AUDITOR, OR ASSESSOR, AND EVERY COUN
CILLOR ELECTED TO THE OFFICE OF MAYOR, SHALL AC
CEPT THE OFFICE, OR PAY A FINE TO THE BOROUGH
FUND.-EXEMPTIONS.
51. And be it enacted, that every person duly qualified
who shall be elected to the office of alderman, councillor,
auditor, or assessor, and every councillor who 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, aldermen, 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 jus-
tice 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 elec-
tion, 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 sixty-five 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 ac-
cepting or serving the same office if he shall claim such
exception within five days after notice of his election : Pro-
vided always, that nothing in this Act contained shall ex-
tend to compel the acceptance of any office or duty what-
ever 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 so employed and residing within any of his Majesty's
dockyards, victualling establishments, arsenals or barracks.
ANY MAYOR, ALDERMAN, OR COUNCILLOR, IF HE SHALL BE
DECLARED BANKRUPT OR INSOLVENT, OR ABSENT HIM-
SELF FROM THE BOROUGH, SHALL LOSE HIS OFFICE.
52. Provided always and be it enacted, that if any per-
son holding the office of mayor, aldermen, or councillor 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, al-
derman, 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 man-
ner 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 un-
der 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 ceas-
ing 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 certi-
ficate 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, pro-
vided he shall then be otherwise qualified.
PENALTY ON PERSONS NOT QUALIFIED, &C., ACTING AS
MAYOR, ALDERMAN, OR COUNCILLOR.

53. And be it enacted, that if any person shall act as
mayor, alderman, or councillor, or auditor or assessor, for
any borough, without having made the declaration herein-
before required in that behalf, or without being duly quali-
fied at the time of making such declaration, or after he
shall cease to be qualified according to the provisions of
this Act, or after he shall have become disqualified to hold