whether this Act shall be executed in the Place where Meeting is held. ing assembled as hereinbefore directed, and shall read or cause to determine of this Act, quoties every Three Years. IX. And be it further enacted, That if such Meeting shall If Meeting determine against adopting the said Provisions, such Meeting shall determine adjourn sine Die, and it shall not be competent for any House- against adoptholders within the same City, Borough, or Town to make any such ing Provisions Application as has been hereinbefore described, nor shall any such it shall be adOrders and Directions as have been described issue for convening journed sine a like Meeting within the same City, Borough, or Town, for and Die, not to be during the Term of Three Years, computed from the Term of again convened Adjournment aforesaid; and at and after the Completion of such for Three Years from Time of Term it shall become again competent to make such Application, Adjournment, and thereon to issue such Orders and Directions as aforesaid; and so toties provided that if at any Time after the Completion of such Term of Three Years a Second Application should be made, and such Orders and Directions a Second Time issued, and a Meeting thereupon convened, and that such Second Meeting should in like Manner determine against adopting the Provisions of this Act, such Meeting shall adjourn sine Die, and it shall not be lawful to make such Application as has been hereinbefore described, nor thereupon issue such Orders and Directions, for and during another Term of Three Years, to be computed from the Time of Adjournment of such Second Meeting, and so for ever toties quoties; it being hereby intended, and it is hereby enacted, that no such Application shall be made, nor such Orders and Directions issued, nor Meeting thereupon convened, as has been hereinbefore described, within any such City, Borough, or Town for and during the Space of Three Years from the Time of the Adjournment of any former Meeting of the like Nature, such former Meeting having determined against the Adoption of the Provisions of this Act: Provided also, that upon the Completion of such Term of Three Years from any such Adjournment, the Powers, Ability, Competency, Authority, and Duties by this Act created or conferred, for the Purpose of bringing the Provisions of this Act into Operation within any such City, Borough, or Town, shall revive and be restored, and be of the same Force, Effect, Validity, and Obligation, as if no former Meeting had been at any Time convened. X. Provided always, and be it enacted, That if any such Meeting convened as aforesaid should determine against adopting the Provisions of this Act for all and every the Purposes of the same, it shall and may be lawful for any Person entitled to vote at any such Meeting as aforesaid to propose the Adoption of the Provisions of this Act for any One or more of such Purposes, and if such Meeting should determine to adopt such Provisions for any One or more of the said Purposes, then and in such Case the Pro9 GEO. IV. M m visions Meeting may adopt the ProAct for any One or more of the Purposes thereof; in such visions of this Case the Act to be applied to such Purposes extended to the Purposes omitted or ex only; but may visions of this Act shall be valid and effectual to accomplish, and be afterwards shall and may be applied to, and all the Powers by this Act conferred upon any Person or Persons shall extend to accomplish, the Purpose or Purposes comprised in the Resolution of such Meeting only, as if any other Purpose or Purposes had not been mentioned in this Act: Provided also, that the Provisions of this Act, with regard to any Purpose or Purposes omitted or excepted out of such Resolution, may be proposed for Adoption and brought into Operation in the Manner before appointed, and subject to the like Provisions and Regulations appointed for bringing this Act into Operation generally. cepted. If Meeting determine to proceed in the execution of this Act, Commissioners shall be elected from Residents rated to 201. a Year. XI. And be it further enacted, That if at any such Meeting it shall be determined that the Provisions of this Act shall be adopted for all or any of the Purposes of this Act, then and in such Case it shall forthwith be determined at such Meeting, that a Number of Commissioners, not being less than Nine nor more than Twentyone, shall be elected to carry such Purposes into Effect, and upon such Determination such Number of Commissioners shall be elected in manner hereinafter mentioned; and every Person who shall reside within such City, Borough, or Town, and who shall have been assessed or charged, by the last Rate made at Vestry in the Parish wherein such Person shall dwell, for or in respect of a Dwelling House or other Tenement of the computed annual Value, according to the said Rate, of Twenty Pounds or more, shall be eligible to be elected a Commissioner for the Purposes of this Act; provided nevertheless, that in the Case of any Town the Limits of which may not be defined, every Person assessed as aforesaid, who shall reside within One Irish Mile of the principal Market House of such Town, if any there be, and if none, then within One such Mile of the Verge or Boundary of the Place where the principal Market of such Town is usually held, shall be eligible as aforesaid; and that every Person residing in any Extra-parochial Part or Place, occupying therein a Dwelling House or other Tenement of the annual Value of Twenty Pounds or more, although not charged in any Parochial Rate for the same, shall also be eligible as aforesaid; and provided further, that the Mayor, Chief Magistrate, or Justices presiding at such First Meeting and Election, shall not be eligible to be elected thereat, but shall and may be eligible at any subsequent Election under this Act. Mode of XII. And be it further enacted, That such Commissioners shall electing be elected in manner following; that is to say, each Candidate Commissioners. shall be proposed at the said Meeting by some Person duly qualified to vote thereat, and shall be seconded by some other Person in like Manner qualified, and if more Candidates than the Number of Commissioners required shall be proposed, and that a Poll shall be demanded by any Ten Persons qualified to vote on behalf of any of such Candidates, then the Mayor or other Chief Magistrate or Justices presiding, as the Case may be, shall adjourn the said Meeting until Ten of the Clock in the Forenoon of the Day next succeeding, unless such Day shall be Sunday, and in that Case to the Monday following, and shall at such Time and at the same Place open and proceed with such Poll, and in a Book or Books prepared for that Purpose, which Book or Books he or they is and and are hereby required previously to prepare, enter or cause to be entered the Names of all such Candidates, and the Name of every Person duly qualified to be present and vote, who shall desire to vote, together with his Description and Abode, and shall register the Vote of every such Person for every or any such Candidate as every such Person may respectively require; and if the Votes of all the Persons duly qualified and desirous to vote cannot be conveniently collected and registered by Four of the Clock of the same Day upon which the said Poll shall have been commenced, then the said Mayor or other Chief Magistrate or Justices, as the Case may be, shall adjourn such Poll to the Day next succeeding, unless such Day shall be Sunday, and in that Case to the Monday following, and if such Second Day shall likewise prove insufficient, shall adjourn to the Day next succeeding, unless such Day shall be Sunday, and in that Case to the Monday following, and so proceed, de Die in Diem, to collect and register the Votes of all Persons duly qualified and applying to vote; and on each Day to which an Adjournment shall be made, the Poll shall open at Ten of the Clock in the Forenoon, and close at Four of the Clock in the Afternoon; provided nevertheless, that the Poll shall finally close so soon as all the Persons duly qualified and desirous to vote shall have voted, or after the Lapse of One Hour without any Person offering to vote; and so soon after the Close of the Poll as may be possible, the Result thereof shall be proclaimed at the Place where the Election may have been holden; and such Mayor or other Chief Magistrate or Justices, as the Case may be, shall forthwith, by public Advertisement, and by Notice to be given in manner hereinbefore directed for convening the First Meeting, appoint and notify a Time and Place whereat the Persons so elected Commissioners as aforesaid shall assemble, and the Names of the Persons so elected shall, together with the Number of Votes given for each of them respectively, be set forth in such Notice, and the Time appointed for the assembling of such Persons so elected as aforesaid shall be not less than Seven Days, and not more than Fourteen Days, from the Date of such Notification; and the said Mayor or other Expences of Chief Magistrate or Justices, as the Case may be, shall, out of the Elections. First Monies raised by virtue of the Assessment hereinafter directed to be made, be reimbursed all such reasonable Charges and Expences as may be incurred in providing Clerks and Books, and otherwise in the Performance of the Duties hereby prescribed to them, and the said Commissioners are hereby empowered and required to make such Reimbursement of such Monies accordingly; provided that in case the said Meeting shall determine against the Adoption of this Act for all or any of the Purposes of the same, the said Mayor, Chief Magistrate, or Justices shall be reimbursed all such Charges and Expences incurred as aforesaid by and out of the Funds applicable to such general Purposes, under the Direction of the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors, and the said Chief. Secretary is hereby empowered and required to direct such Reimbursement accordingly. XIII. And be it further enacted, That over and above the Num- Mayor of a ber of Commissioners appointed to be elected in any City or Town City, &c. may Corporate, be a Commis M m 2 of his Office. sioner in Right Corporate, the Mayor or other Chief Magistrate of such City or Town Corporate for the Time being, if not elected to be a Commissioner by virtue of this Act, shall and may by virtue of his Office be one of such Commissioners, and shall and may attend and vote at all Meetings of the Commissioners; but such Mayor or other Chief Magistrate, if not elected to be a Commissioner, shall not be eligible to be Chairman of such Commissioners, nor shall he, unless elected as aforesaid, be subject or liable to any Fines or Penalties by reason of Nonattendance at any Meeting of the Commissioners, or to become disqualified or vacate his Place by reason of Absence from such Meetings for any Period; provided that in all Cases where in this Act Mention may be made of a certain Quorum or Proportion of the entire Number of Commissioners, as required to do or perform certain Acts and Functions, such Mayor or Chief Magistrate, although not elected to be a Commissioner, shall and may when present be reckoned for such special Purpose among the Persons making up the required Proportion of the whole Number of Commissioners. Commissioners shall go out of Office on the 31st of July, at the End of every Three be re-elected. XIV. And be it further enacted, That all Persons who shall be first elected Commissioners in any City, Town Corporate, Borough, or Town, at the First Meeting held under the Provisions of this Act, shall go out of Office on the Thirty-first Day of July in the Third Year from the said First Election; and in place of such Years, but may Commissioners so going out of Office a like Number of other Commissioners, to be elected as hereinafter provided, shall come into Office, and remain in Office for a Term of Three Years, and at the Expiration of such last-mentioned Term of Three Years shall in like Manner go out of Office, and be succeeded by other Commissioners, who shall remain in Office for a like Term of Three Years, and so on for ever: Provided always, that any of such out-going Commissioners, except the Chairman of the said Commissioners who shall hold and preside at the Election of Commissioners as hereinafter directed, shall be re-eligible and may be re-elected, and shall in such Case continue to act and remain in Office; any thing herein contained to the contrary notwithstanding. Property vested in Commissioners going out shall vest in their Successors. Triennial Meetings, for electing Commissioners. shall be held on the First XV. And be it further enacted, That whenever and so soon as any Body of Commissioners shall have completed their appointed Term of Office, all Right, Title, and Interest in and to any Monies, Books, Papers, Lands, or Tenements, and all other Property whatsoever, Real or Personal, theretofore vested in or appertaining to such Commissioners by virtue of this Act, or acquired by or arising from the Powers by this Act created, shall be divested from and out of such Body of Commissioners, and shall be transferred to and shall become vested in the Body of Commissioners elected to supply the Places of such former Commissioners, to all Intents and Purposes, as fully and effectually as if the same had been assigned, transferred, or conveyed by any Instrument or Assurance in Law, by Delivery of Seisin, or of actual Possession. XVI. And be it further enacted, That at all Meetings for the Election of Commissioners for the Execution of this Act, which shall be held subsequent to the First Election of Commissioners, saving and excepting the Elections hereinafter appointed to be made by the surviving or remaining Commissioners, in any City, Borough, missioners, at Borough, or Town, every Person shall be admitted and entitled Monday in to vote who shall occupy, and who for Twelve Months then next July by Chairprevious shall have occupied, within such City, Borough, or Town, man of Comor the Liberties or Suburbs thereof, to which, as determined which Inhaby the Commissioners for such City, Borough, or Town, in virtue bitants of of the Discretion hereinafter vested in them, the Purposes of Houses rated this Act shall extend or be extended, a Dwelling House of the at 51. a Year annual Value of Five Pounds at the least, and none other Person shall vote. whatsoever, and the Registry hereinafter directed to be made shall be conclusive Evidence of the afore-mentioned Qualification; and the Chairman of the Commissioners for the Time being for the Execution of this Act shall, previous to the First Monday in July in the Year in which such Election shall take place, give due Notice, in manner by this Act required with respect to the First Meeting to be held under this Act, that a Meeting will be holden on such First Monday in July for the Election of Commissioners for the Execution of this Act for the Three Years next succeeding; and such Chairman shall at and in such Election proceed in such Manner as the Mayor or other Chief Magistrate or Justices presiding at the First Meeting to be held under this Act are hereinbefore directed to proceed in the Election of the Commissioners to be first appointed for the Execution of this Act, and shall decide all Questions which may arise as to the Eligibility or Qualification of any Persons whatsoever, and as to all other Matters whatsoever connected with the said Election, and shall certify the Result of the same to the Commissioners for the Time being for the Execution of this Act in such City, Borough, or Town as aforesaid, where such Election shall be made. In case of any casual Vacancy, the Chairman shall, within Fourteen XVII. And be it further enacted, That in case any Commissioner shall die, or become disqualified by Change of Residence or otherwise, or shall refuse or neglect to act, and in case of any casual Vacancy happening in any Manner whatever, it shall be lawful for the Chairman of the Commissioners for the Time being, Days, call a and he is hereby required, within Fourteen Days next after a Meeting of the Vacancy shall so happen, to issue a Summons for an extraor- Commissioners dinary Meeting of the surviving or remaining Commissioners, for to supply such the Purpose of electing a new Commissioner to supply such Va- Vacancy. cancy, such Summons to be served on the said surviving or remaining Commissioners personally, or left at their respective Dwelling Houses; and the Time appointed for such extraordinary Meeting shall be not less than Seven and not more than Fourteen Days from the Date and issuing of such Summons; and at such Meeting it shall be lawful for such Commissioners to elect a proper Person to be a Commissioner in the Room of the Person who shall have ceased to be such Commissioner as aforesaid; provided always, that until such casual Vacancy or Vacancies shall be supplied, the remaining Commissioners shall, notwithstanding any such Vacancy or Vacancies, be fully competent to do all Acts and Things which by this Act such Commissioners are authorized, empowered, or required to do; and the Commissioner elected upon any such casual Vacancy shall, on coming into Office, Occupy the Place of the Person in the Room of whom he shall have been elected, and remain in Office for the Residue of the M m 3 Term |
