Commissioners Clauses Act 1847

Election and Rotation of Commissioners

And with respect to the Election and Rotation of the Commissioners, where the Commissioners are to be elected by the Ratepayers or other like Class of Electors, be it enacted as follows :

XVII One Third of Commissioners elected by Ratepayers and Owners to go out of Office every Three Years.

Where by the special Act it is provided that the Commissioners shall be elected by the Rate-payers within the Town, or other like Class of Electors, the first Body of Commissioners, whether appointed by the special Act, or elected under the Provisions of this and the special Act, shall go out of Office according to the prescribed Rotation, and at the prescribed Times, and where no Rotation or Time of going out of Office is prescribed they shall go out of Office by Rotation in the following Manner, (that is to say,) on the first Thursday in the Month of September in the Year following that in which the special Act is passed One Third of such Body of Commissioners shall go out of Office, and on the first Thursday in September in the following Year another Third of such Body of Commissioners shall go out of Office, and on the first Thursday in September in the Year following the Remainder of such Body of Commissioners shall go out of Office, and on the first Thursday in the Month of September in every subsequent Year One Third of the Commissioners, being those who have been longest in Office, shall go out of Office; and in each Instance the Places of the retiring Commissioners shall be supplied by the Election of a like Number of Commissioners in the Manner herein or in the special Act provided:

• If it amount to One hundred arid fifty Pounds and be less than Two hundred Pounds, he shall have Four Votes:

• If it amount to Two hundred Pounds and be less than Two hundred and fifty Pounds, he shall have Five Votes :

• And if it amount to or exceed Two hundred and fifty Pounds, he shall have Six Votes.

XXV Electors to vote in Ward where their Property Qualification is situate, but not to vote for more than One Ward.

Where by the special Act the Commissioners are directed to be elected for Wards, every Person entitled to vote in the Election of Commissioners shall vote for Commissioners for that Ward only wherein the Property or Part thereof in respect of which his Name appears in the Rate Book is situate; and if any Person be rated in respect of Property situate in more than One Ward, he may vote for Commissioners for any One of such Wards, but having so voted he shall not afterwards, at the same Election, vote for a Commissioner for any other Ward; and any Vote so afterwards given by him shall be void.

XXVI Commissioners may cause alphabetical List of Voters to be made, and may defray the Expense out-of the Rates.

Before any such Election of Commissioners the Commissioners, if they think it necessary for enabling the Returning Officer to take the Poll conveniently at such Election, may cause an alphabetical List to be made out of the Names of the Persons entitled to vote at such Election as they appear in the Rates made for the Purposes of the special Act, and they shall deliver to the Returning Officer for the Time being a sufficient Number of Copies of the List so prepared, to enable the Returning Officer to take the Poll at the Election, and they may defray the Expense of making such List and Copies out of the Rates payable to them under the special Act.

XXVII Returning Officer may summon Rate Collector, &c. to attend the Election. Penalty on Rate Collector, &c. for Neglect.

If the Qualification of the Electors of the Commissioners depend upon the Rates payable by such Electors, the Returning Officer may summon the Overseers or Inspectors of the Poor, Collectors, and other Officers employed in the Assessment or Collection of the Rates, to attend the Election, in order to assist in ascertaining that the Persons presenting themselves to vote, or who have voted, are or were duly qualified to vote at such Election ; and such Overseers or Inspectors, Rate Collectors, or other Officers shall attend with the Rates and such other Documents necessary for the Purpose aforesaid as may be in their Custody or Power, at such Places and at such Times as the Returning Officer may direct, and shall artswer all such Questions as any presiding Officer at the Poll shall put to them respecting the Title of any Person to vote at the Election; and any Overseer or Inspector, Rate Collector, or other Officer who shall wilfully neglect or fail to perform the Duties hereby imposed upon him, shall for such Neglect or Failure be liable to a Penalty not exceeding Twenty Pounds.

XXVIII Mode of voting at Elections.

At every such Election of Commissioners the voting shall commence at Nine of the Clock in the Forenoon of the Day fixed for the Election as aforesaid, and shall finally close at Four of the Clock in the Afternoon of the same Day (unless in case of Riot or Obstruction), and shall be conducted in manner following; (that is to say,) every Person entitled to vote may vote for any Number of Persons having the prescribed Qualification (not exceeding the Number of Commissioners then to be chosen for the Town, or where the Commissioners are to be elected in Wards not exceeding the Number to be elected for the Ward in which such Person is entitled to vote) by delivering to the presiding Officer at the Poll a Voting Paper, containing a Description of his Qualification to vote, in the Form contained in Schedule (A.) to this Act annexed, or to the like Effect, and also the Names of the Persons for whom he votes, such Paper being previously signed with the Name of the Person voting, and the Poll Clerk shall thereupon openly record such Vote in the Poll Book, and the Voting Paper shall be carefully preserved by the presiding Officer; and the presiding Officer shall, if he thinks fit, or if he be required so to do by any Person entitled to vote at the said Election, put to any Voter at the Time of his delivering in his Voting Paper the following Questions or either of them:

And no Person required to answer either of the said Questions shall be permitted of qualified to vote until he has answered the same; and if any Person wilfully make a false Answer to either of the Questions aforesaid he shall be deemed guilty of a Misdemeanor, or in Scotland shall be deemed guilty of Perjury.

XXIX Poll may be closed if no Voting Paper be tendered for One Hour.

The presiding Officer, at any Place of voting, may close the voting or Poll at any Time before Four of the Clock, if One Hour have elapsed during which no Voting Paper has been tendered at such Place of voting.

XXX Returning Officer to examine Poll Books and declare the Poll.

After the Close of the Poll the Returning Officer, or where the Commissioners are elected for Wards the presiding Officer in each Ward, shall examine the Poll Books, and, if necessary, compare the Entries therein with the Rate Book and with the Voting Papers so delivered as aforesaid, for the Purpose of ascertaining the Number of Votes given for each Person ; and so many of such Persons, being not more than the Number of Persons then to be chosen for the Town, or for each Ward, as the Case may be, and having the prescribed Qualification, as shall have the greatest Number of Votes, shall be deemed to be elected ; and in case of an Equality in the Number of Votes for any Two or more such Persons, the presiding Officer shall, if necessary to prevent an Excess in the Number of Commissioners, decide by Lot which of such Persons shall be elected ; and the presiding Officer shall, not later than Two of the Clock in the Afternoon of the Day next but one following the Day of such Election, unless such Day be Sunday, and then on the Day following, publish a List of the Names of the Persons so elected, and he shall also send a Notice to each Person so elected, informing him of his being elected a Commissioner.

XXXI Voting Papers to be open to Inspection for Six Months after each Election.

Within Four Days after every Election the Returning Officer, or where the Commissioners are elected for Wards the presiding Officer in each Ward, shall cause the Voting Papers delivered as aforesaid to be arranged in alphabetical Order, and numbered according to the Names of the Voters, and shall deliver them, together with the Poll Books, to the Clerk to the Commissioners; and such Clerk shall, during Six Months at least after every such Election, keep such Voting Papers and Poll Books at his Office, and shall permit any Person to inspect the same on Payment of a Fee of One Shilling, and if such Clerk shall refuse or fail to allow such Inspection he shall for every such Refusal or Failure be liable to a Penalty of Ten Pounds.

XXXII Manner of proceeding if any Person is elected a Commissioner in more than One Ward.

If any Person be elected a Commissioner in more than One Ward, he shall, within Three Days after Notice thereof, choose, or in default thereof the Commissioners at their next Meeting shall declare, for which One of the Wards such Commissioner shall serve, and he shall thereupon be held to be elected in that Ward only which he shall so choose or which the Commissioners shall so declare, and shall cease to be a Commissioner for any other Ward.

XXXIII If no Election on Day appointed, it may be made on a subsequent Day.

If from any Cause no Election take place on the Day appointed for the same, either for the Town or for any Ward, the Election shall stand adjourned until the same Day of the following Week, and the Returning Officer shall give not less than Three Days previous Notice thereof by Advertisement or by Placards, affixed in public Places in the Town; and in such Case the Commissioners who would on that Day have retired from Office by Rotation shall continue in Office until such adjourned Election takes place.

XXXIV Election not to be void for Want of Title in presiding Officer.

No Election of Commissioners shall be liable to be questioned by reason only of any Defect in the Title, or any Want of Title, of the Person by or before whom such Election shall have been held ; provided that such Person have been actually appointed to preside, or have been acting in the Office giving the Right to preside at such Election.

XXXV Expenses of presiding Officer to be paid out of Rates levied.

All Expenses of or incident to any Election incurred by the Returning Officer or presiding Officer shall be repaid to them by the Commissioners out of the Monies arising from the Rates authorized to be levied for the Purposes of the special Act; and all Overseers and other parochial Officers or other Persons shall be in like Manner paid a reasonable Remuneration for Attendance at the Election, with Rate Books, and for any other Services performed in relation to such Election ; and any Dispute respecting the Amount of such Expenses and Remuneration shall be determined by a Justice, or by the Sheriff, who shall have Power also to fix the Costs attending such Determination, and to order by whom the same shall be paid.