Page:Ruffhead - The Statutes at Large - vol 5.djvu/551

 A. D. 1724. Anno undecinio Georgii Regis. C. 4. 505 CAP. IV. An Act: for preventing the Inconveniences arifing for want of Elections of Mayors or other Chief Magittrates of Boroughs or Corporations being made upon the Days appointed by Charter or Ufage for that Purpofe, and directing in what Manner fuch Elections fhall be afterwards made. W tain called England, Wales and Berwick upon Tweed, the Election of the Mayor, Bailiff or Bai- ctnttnitgCcrpo- 1 liffs, or other Chief Officer or Officers, is by Charter or ancient Ufage confined to a particular Day or '•<"""". rtferto ' Time, without any Provifion how to aft or proceed, in cafe no Election be then made; and it frc- ' 9 ^'Z' f ' 7 ' f quently happens, that by fuch Charter or Ufage particular Acts are required to be done at certain Times, £ &1 j> tr* i'r ' in order to and for the completing of fuch Elections, and by the Contrivance or Default of the Perfon or .-. i8. J ' or fuch Acts to be done, or by Accident, it hath fometimes happened, and may frequently do fo, if not 2 - f ' '• ' timely prevented, That no Courts or Affemblies have been held, or Elections made, or fuch Acts done 5 '" c ' 6 ' ' within the Time fixed for that Purpofe; in which Cafes, if Elections of fuch Officers could not after- ' wards be made or completed, or in confequence of fuch Omiffion the Corporation fliould be difTolved, Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Com- mons, in this prefent Parliament affembled, and by the Authority of the fame, That if in any City, Bo- where Ei-aion rough or Town Corporate within that Part of Great Britain called England, Wales and Berwick upon for Majors or Tweed, no Election fhall be made of the Mayor, Bailiff or Bailiffs, or other chief Officer or Officers of other chief offi- fuch City, Borough or Town Corporate, upon the Day or within the Time appointed by Charter cr cersn,a " "°* bc Ufage for fuch Election, or fuch Election being made, fhall afterwards become void, whether fuch Omif- ^J^^l L y% lion or Avoidance fhall happen through the Default of the Officer or Officers who ought to hold the Court charter orUfage, or prefide where fuch Election is to be made, or by any Accident or other Means whatfoever, the Cor- poration fhall not thereby be deemed or taken to bediflblved or difabled from electing fuch Officer or Of- 5^i 0r *i tl0n ?r' ficers for the future : But in any Cafe where no Election fhall be made as aforefaid, it fhall and may be abledfrom^ka- lawful for the Members or Perfons of fuch City, Borough or Corporation, who have Right to vote, or i n g: be prefent at, or to do any other Act neceffary to be done, in order to or for the completing of fuch Elec- But mav mtn tion, and they, or fuch of them as fhall not be hindred by any reafonable Impediment or Excufe, are together at the hereby required refpectively to meet or afTemble together in the Town-Hall or other ufual Place of Meet- Town-Hall, &c. ing for making fuch Election, within fuch City, Borough or Town Corporate, upon the Day next after on the Day after, the Expiration of the Time within which fuch Election ought to have been made, unlefs fuch Day fhall happen to be Sunday, and then upon the Monday following, between the Hours of Ten in the Morning and two in the Afternoon of the fame Day; and that the Members or Perfons having Right to vote at, or an( j procee< i t9 to do any other Act neceffary to be done in order to fuch Election, or fuch of them as fhall be fo afTem- Election. bled or met together, fhall forthwith proceed to the Election of a Mayor, Bailiff or Bailiffs, or other Chief Officer or Officers for fuch City, Borough or Corporation, and to do every Act neceffary to be done in order to or for the completing of fuch Election, in fuch Manner as was ufual in, or in order to the Elec- tion of fuch Officer or Officers, upon the Day or within the Time appointed by Charter or Ufage for fuch Election ; and in cafe upon fuch Day of Meeting hereby appointed for fuch Election, the Mayor, Bailiff or Bailiffs, or other proper Officer or Officers, who ought to have held the Court, or prefided at the Affembly for fuch Election, or doing any other Act neceffary to be done in order to fuch Election, if the fame had been made or done on the Day fixed, or within the Time limited by Charter or Ufage for that Purpofe, fhall be abfent, then fuch other Perfon having a Right to vote, being the neareft then pre- Mayor, &c. ab- fent in Place or Office to the Perfon or Perfons fo abfenting himfelf or themfelves, fhal] hold the Court fenting', the or prefide in the Meeting or Affembly hereby appointed, and fhall have the fame Power and Authoritv in " eartft > n pl - c = all Refpefts therein, as belongs to the Mayor, Bailiff or Bailiffs, or other Chief Officer or Officers of the ! ( ? a - It holdth(: fame City, Borough or Town Corporate, at any Court or Affembly for the Election of Officers for fuch 0UI ' Place, or for doing any other Act neceffary to be done in order to fuch Election. II. And it is hereby further enacted by the Authority aforefaid, That if it fhall happen that in any if n o Election be City, Borough or Town Corporate within that Part of Great Britain called England, Wales and Berwick made, or the upon Tweed, no Election fhall be made of the Mayor, Bailiff or Bailiffs, or other Chief Officer or Offi- jBfcction become cers of fuch City, Borough or Town Corporate, upon the Day or within the Time appointed by Char- "" d > K,n 6 >s ter or Ufage for that Purpofe, and that no Election of fuch Officer or Officers fhall be made, purfuant to a Mandamus^r the Directions herein before prefcribed, or fuch Election being made, fhall afterwards become void as clecci.ig. aforefaid, in every fuch Cafe it fhall and may be lawful for his Majefty's Court of King's Bench, upon Motion to be made in the faid Court, to award a Writ or Writs of Mandamus, requiring the Members or Perfons of fuch City, Borough or Town Corporate, having a Right to vote at, or to do any other Act neceffary to be done in order to fuch Election refpectively, to afTemble themfelves upon a Day and at a Time to be prefixed in fuch Writ or Writs, and to proceed to the Election of a Mayor, Bailiff or Bai- liffs, or other Chief Officer or Officers, as the cafe fhall require, and to do every Act neceffary to be done in order to fuch Election, or to fignify to the faid Court good Caufe to the contrary, and thereupon to caufe fuch Proceedings to be had and made, as in any other Cafes of Writs of Mandamus granted by the Vol. -V. Ttt faid
 * I. "ITT HE RE A S in many Cities, Boroughs and Towns Corporate within that Part of Great Bri- For f^mtr La-xi
 * Perfon s who ought to hold the Court, or prefide in the Affembly where fuch Elections are to be made, 'j Car. z.jiae.
 * great Mi fchiefs might enfue :' For Remedy and Prevention whereof, Be it enacted by the King's moft