The Sun.
London, England, 1835-06-11 00:00:00

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 hereinbefore enacted
with respect to the elections of councillors as aforesaid ; and
every person so elected a councillor shall hold such office un-
til 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.
And be it enacted, that on the day next after the day in this
and every succeeding year on which she council of any bo-
rough shall be elected, the said council shall elect out of the
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 per-
son 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 councillors of the said borough,
another fit person to be the mayor thereof for the remainder of
the then current year.
And be it enacted, that no person elected a mayor or coun-
cillor for any borough shall be capable of acting as such, ex-
cept in administering the declaration hereinafter contained—
until he shall have made and subscribed, before any two or
more of such councillors—(who are hereby respectively au-
thorised and required to administer the same to each other)
—a declaration, in tile nords or to the effect following : that
is to say—
" I, A. 8., having been elected mayor, (or councillor,)
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 be it enacted, that every burgess who shall be elected
to the office of councillor, aed 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 a fine of
such borough ; and such fine, if not duly paid, shall be levied
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 burgess or councillor so elected shall
accept such office, by making and subscribing the declaration
hereinbefore mentioned, within three days after notice of his
election, otherwise such burgess or councillor 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 here-
inbefore 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 such office of councillor or mayor, 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
exemption within three days after notice of his election.
Provided always, and be it enacted, that if any person
holding the office of mayor or councillor for any borough
shall be declared bankrupt, or shall apply to take the benefit
of any Act for tile relief of insolvent debtors, or shall be
absent for more than one month (unless with the approba-
tion of a majority of the council), from the borough of' which
he shall be mayor 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 or coun-
cillor as aforesaid, 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 dis-
qualified, 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 cebtors, shall,
on obtaining his certificate, or on payment of hie debts in
. full, be capable of being re-elected to such office ; and every
person becoming disqualified to hold such office on aceouSst 1
of absence as aforesaid, shall, on his return to such borough,
be capable of being re-elected to such office, provided he I
shall then be otherwise qualified.
And be it enacted, that if any person shall act as mayor or
councillor for any borough, without having made the declara-
tion herein-before required in that behalf, or without being
duly qualified, or after he shall have become disqualified to
hold any such office, he shall for every such offence forfeit the
sum of , such sum to 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 pay-
ment 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 : Provided always, that
all acts and proceedings of any person in possession of the
office of mayor or councillor, and acting as a mayor or council-
lor, shall, notwithstanding such disqualification, be as valid and
effectual as if such person had been duly qualified.
And be it enacted, that the mayor for the time being of
every borough shall be a justice of the peace of and for such
borough, and also of and for the county within which such
borough, or any part thereof, is situated, and also of and for
every county, within seven miles of any part of such borough,
and shall execute the duties of a justice of the peace for the
same respectively, although he may not have such qualification
by estate as is required by law in the case of any other person
being a justice of the' peace for a county, and shall have prece-
dence in all places within the borough ; and in boroughs which
return a member or memliers to serve in Parliament, other
than the town of Berwick-upoe--Tweed, and other than cities
and towns which are counties of themselves shall be the re-
turning officer at all such elections, and shall, if he shall think
fit, or if any candidate shall require the essine, be assisted in
such of the said boroughs as shall have a recorder, by the re-
corder of such borough as his assessor at such ele'etion ; and
in case the mayor shall, at the time when he shall be required
to perform the duties of such returning officer, be dead, ab-
sent, or otherwise incapable of acting, the councillors of such
borough shall forthwith elect one of themselves to be the re-
turning officer for such borough in the place of the mayor
being so dead, absent, or otherwise incapable.
And be it enacted, that the council of every borough shall
appoint, to be removable at their pleasure, a fit person, not
being a councillor, to be the town-clerk of such borough, a
treasurer of the borough, and such other clerks, collectors,
and officers as they shall think necessary for enabling them to
carry into execution the various powers and duties vested in
them by virtue of this Act ; and shall take such security for
the due execution of his office by any such treasurer, clerk,
collector, or other officer, as the said council shall think pro-
per ; and shall order to be paid to the mayor, and to the town_
clerk and treasurer, and to every such clerk, collector, and
other officer to be employed as aforesaid, such salary or allow_
once as the said council shall think reasonable ; and in case
of a vacancy in any such office as aforesaid, by death, resig-
nation, removal, or otherwise, the council of such borough
"'Ay appoint another fit person in the place of the person so
peaking such vacancy, provided that the town-clerk and trea-
surer shall not be the same person.
Aud be it enacted, that the treasurer of any borough shall
pay no money on Account of the mayor and burgesses of such
borough, save only upon the order in writing of the council,
signed by three or more councillors, and countersigned by
the town-clerk of such boroto3h.
And be it enacted, that eveily treasurer, clerk, collector,
or other officer appointed by the council as aforesaid shall,
at such times during the continuance of his office, or within
---____. months after the expiration of his once, and in such
Manner as the said council shall direct, deliver to the coun-
cil, or to suck person as they shall authorise for that purpose,
4 true account in writing of all matters committed to his
charge by virtue of this Act, and also of all monies which
shall have been by him received by virtue or for the pur-
'Poses of this Act, and how much thereof shall have been
Paid and disbursed, and for what purposes, together with
Proper vouchers for such payments, and also a list of the
Nunes of all such persons as shall not have paid the monies
due from them for the purposes of this Act, and of the amount
due from each of them, and every such officer shall pay
all such monies as shall remain due from him to the trea-
surer for the time being, or to person as the said council
shall authorize to receive the same ; and if any such
officer shall refuse or wilfully neglect to deliver such
,account, or the vouchers relating to the same, or such
list as aforesaid, or to make payment as aforesaid, or shall
refuse or wilfully neglect to deliver to the said council,
or to such persons as they shall authorize, within three days,
"her being thereunto required by notice in writing under the
bands of any three or more of the said Council, to be given to,
or left at the last place of abode of such officer, all books,
Papers, and writings in his custody or power relating to the
execution of this Act, or to give satisfaction to the said Coun-
q, or to such other peT•son as aforesaid, rerpecting the same,
then, and in every such case, upon complaint made on behalf
of the said Council, by such person as they shall authorize for
that purpose, of any such refusal or wilful neglect as afore-
said, to any justice of the peace for the county or other juris-
diction wherein such officer so refusing or neglecting shall be
or reside, such justice is hereby authorized and required to
issue a warrant under his hand and seal for bringing such
officer before any two justices of the peace for such county or
Jurisdiction ; and upon the said officer appearing, or not
heing found, it shall be lawful for such justices to hear and
determine the matter in a summary way ; and if it shall ap-
Pear to such justices that any moneys remain due from such
Officer, such justices may, and they are hereby authorized and
required, upon non-payment thereof, by warrant under their
hands and seals, to cause such moneys to be levied by distress
4bd sale of the goods of such officer ; and if sufficient goods
%hall not be found to satisfy the said moneys, and the charges
Of the distress, or if it shall appear to such justices that
abeli officer has refused or wilfully neglected to deliver such
4qcount, or the vouchers relating thereto, or such list as afore-
%kid, or that any books, papers, or writings relating to the
ttecution of this Act remain in the bands or in the custody or
Power of such officer, and that he has refused or wilfully ne-
glected a deliver the same, or to give satisfaction respecting
the same as a,e,:seesatd, then, and in every such case, such jus-
-14 e:. , „
~,, t e suede and they ere hereby required to commit
.. :atter to the „Tomo g:2l or boo of correction for the
°llnty or jurisdiction where sum': ‘offender 444,1 he or reside,
there to remain without bail, until he -all have peisJ eoch
._oneys as aforesaid, or shall have compounder with the said
''''uneil for suchmoneys, and • paid --i oti n
ti
... .
k4rdbeh manner as they shall appoint (which composition the
1. council are hereby empowered to make and receive), or
-Until he shall have delivered a true account, as aforesaid, toge-
ther With such vouchers and lists as aforesaid, or until he shall