Page:Ruffhead - The Statutes at Large - vol 5.djvu/552

 506 Where Mayors, &c. are to be no- minated or fworn at a Court-Leet, &c. and in De- fault of the Lord or Steward no Court be held, King's Bench may award a Mandamus for holding the Court-Leet. C. 4. Anno undecimo Georgji Regis. A. D. 1724. faid Court for Election of Officers of Corporations, and of the Day and Time appointed in and by any Six Days publick r ucn y r j t or Writs of Mandamus for holding fuch Affembly, publick Notice in Writing fhall, by fuch ven of the Bee- Perfon as the faid Court fta11 appoint, be affixed in the Market-Place, or fome other publick Place within lion. "fuch City, Borough or Town Corporate, by the Space of fix Days before the Day fo appointed, and fuch Officer or other Perfon reflectively fhall prefide in fuch AfTembly, as ought to have prefided at the Election of fuch Mayor, Bailiff or Bailiffs, or other chief Officer or Officers, or at the doing any other Act neceffary to be done in order to fuch jtlection, in cafe the fame had been made or done upon the Day herein before prefcribed for that Purpofe. ' III. And whereas in certain Boroughs and Towns Corporate within that Part of Great Britain'csllcd ' England, Wales and Berivick upon Tweed, the Mayor, Bailiff or Bailiffs, or other chief Officer or Offi- ' cers, is or are to be nominated, elected or fworn at a Court-Leet or View of Frank-Pledge, or fomc ' other Court, and by reafon of the Contrivance or Default of the Lord or his Steward, or fuch other ' Officer by or before whom fuch Court ought to be held, in not holding the fame, or by fome Acei- ' dent, it hath happened and may hereafter happen, that no due Nomination, Election or Swearin? of ' fuch Mayor, Bailiff or Bailiff's, or other chief Officer or Officers, hath been or fhall be had or made :' Be it further enacted by the Authority aforefaid, That in every fuch Cafe it fhall and may be lawful to and for his Majefty's Court of King's Bench, upon Motion to be made in the faid Court, to award a 1 Writ of Mandamus, requiring the Lord or his Steward or other Officer, by or before whom fuch Court ought to be held, to hold or caufe to be holden fuch Court-Leet or other Court, and to do every other Adt neceffary to be done by him in order to fuch Nomination, Election or Swearing, at fuch Day and Time as fhall be for that Purpofe judged proper by the faid Court of King's Bench, and fhall be ap- pointed in fuch Writ, 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 other Cafes of Writs of Mandamus granted by the faid Court, for holding of any Court, and of the Day and Time appointed in and by any fuch Writ of Mandamus for holding fuch Court, publick Notice in Writing fhall, by fuch Perfon as the faid Court of King's Bench fhall appoint, be affixed in the Market-Place, or fome other publick Place within fuch Borough or Town Corporate, by the Space of fix Days before the Day fo appointed : And where a Nomination. of Perfons in order to the Election of any fuch Mayor, Bailiff or Bailiff's, or other chief Officer or Offi- cers, is to be made at fuch Court-Leet or other Court, in every fuch Cafe, after fuch Nomination made, all and every other Act and Acts neceffary to be done in order to fuch Election, fhall be had, made and done at fuch Aflembly, and in fuch Manner and Form, as the fame ought to have been had^ made and done, in cafe fuch Election had been made upon the Day next after the Expiration of the Time pre- fcribed for fuch Election by the Charter or Ufage of fuch Borough or Corporation, according to the Di- rections herein before- mentioned. IV." And be it further enacted by the Authority aforefaid, That the Mayor, Bailiff" or Bailiffs, or other chief Officer or Officers, who fhall be elected purfuant to the Directions of this Act, fhall take the Oath or Oaths by Law required at the Time of his Admiffion into fuch Office, before fuch Officer as fhall prefide at fuch Election, in Purfuance of this Act, who is hereby authorized and required to ad- minifter fuch Oath or Oaths ; and fhall have the fame Privileges, Precedence, Powers and Authorities in all Refpects, as any Mayor, Bailiff or Bailiffs, or other chief Officer or Officers of the fame City, Bo- rough or Corporation, elected on the Days or Times fixed by Charter or Ufage for that Purpofe ought to have or enjoy. V. Provided always, That no fuch Election, nor any Act done in order thereunto, fhall be valid, un- Iefs as_great a Number of Perfons, having Right to be prefent at and vote therein, fhall be prefent at Mayors, Sec. fo elected, fhall take the Oaths before the pre- fiding Officer. NofuchEIeOion valid, unlefs as great a Number be prefent and concur, as re- quired by Char- ter, Sec. Mayors abfenl- ing themfelves, &c. fhall fuffer Imprifonmcnt for fix Months, No Corporation diflblved or dif- abled by any the Affembly holden for fuch Purpofe, and concur therein, as would reflectively have been neceffary to be prefent, and concur in fuch Eledtion or Act, in cafe the fame had been made or done upon the Day or within the Time appointed for that Purpofe by the Charter or Ufage of fuch City, Borough or Corpo- ration, faving only, that the Prefence of the Mayor, Bailiff or Bailiffs, or other chief Officer or Offi- cers who ought to prefide, fhall not be neceffary. VI. And be it further enacted by the Authority aforefaid, That if any Mayor, Bailiff or Bailiffs, or other chief Officer or Officers of any City, Borough or Town Corporate fhall voluntarily abfent him- felf or themfeLvvs from, or knowingly and defignedly prevent or hinder the Eledtion of any other Mayor, Bailiff or other chief Officer in the fame City, Borough or Town Corporate, upon the Day or within the Time appointed by Charter or ancient Ufage for fuch Election, the Perfon or Perfons fo offending, be- ing thereof lawfully convicted, fhdl for every fuch Offence fuffer Imprifonment for the Space of fix Months without Bail or Mainprize, and fhall be for ever difabled to take, hold or exercife any Office be- longing to the fame City, Borough or Corporation. VII. And be it further enacted by the Authority aforefaid, That no Corporation fhall be deemed or adjudged to be diflblved or difabled from electing a'Mayor, Bailiff or Bailiffs, or other chief Officer or y Omiffion or Default, which hath already happened in not nominating, elect- ayor, Bailiff or Bailiffs, or other chief Officer or Officers of fuch Corporatior, upon the Day or within the Time limited for fuch Nomination, Election or Swearing, by the Charter cr Ufage of fuch Corporation, or by reafon of the Abfence of the Mayor, Bailiff" or Bailiffs, or other chitf Officer or Officers who ought to have pcefided at the Affembly for fuch Nomination, Election or Swear- ing, or by reafon of fuch Election having become void as aforefaid, but every fuch Corporation fhall be adjudged, deemed and tr.ken to be and to have been fubfifting and capable of electing fuch Officer or ,Officers, to all Intents and Furpofes ; any fuch Omiffion, Abfence, Default or Avoidance, or any De- f.ct, Difability or Forfeiture arifing therefrom, in any wife notwithstanding. 3 VIII. Provided "S..U Officers, by reafon of happened. mg or fwearing a M