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ing and two in the afternoon of the same day; and that the members or persons having right to vote at, or to do any otheran^ proceed act necessary to be done in order to such election or such of to election, them as shall be so assembled or met together, mall forthwith proceed to the election of a mayor, bailiff or bailiffs, or other chief officer or officers for such city, borough or corporation, and to do every act necessary to be done in order to or for the completing of such election, in such manner as was usual in, or in order to the election of such officer or officers, upon the day or within the time appointed by charter or usage for such election; and in case upon such day of meeting hereby appoint* ed for such election the mayor, bailiff or bailiffs, or other proper officer or officers, who oUght to have held the court, or presided at the assembly for such election, or doing any other act necessary to be done in order to such election, if the same had been made or done on the day fixed, or within the time limited by charter or usage for that purpose, (hall be absent, then such ^J^^0^ other person having a right to vote, being the nearest then pre- Nearest hfplace sent in place or office to the person or persons so absenting him- may hold the self or themselves, shall hold the court or preside in the meet- court* ing or assembly hereby appointed, and shall have the same power and authority in all respects therein, as belongs to the mayor, bailiff or bailiffs, or other chief officer or officers of the fame city, borough or town corporate, at any court or assembly for the election of officers for such place, or for doing any other act necessary to be done in order to such election.

II. And it is hereby further enacted by the authority afore- if no election said, That if it shall happen that in any city, borough or town be made,or the corporate within that part of Great Britain called England^ election beWales and Berwick upon Tweed, no election (hall be made of the j^^^^ench mayor, bailiff or bailiffs, or other chief officer or officers of 5^aygaw-arti a such city, borough or town corporate, upon the day or within Man dam us for the time appointed by charter or usage for that purpose, and that electing* no election of such officer or officers (hall be made, pursuant to the directions herein before prescribed, or such election being made, shall afterwards become void as aforesaid, in every such case it shall and may be lawful for his Majesty's court of King's bench, upon motion to be made in the said courts to award a Writ or writs of Mandamus^ requiring the members or persons of such city, borough or town corporate, having a right to vote at, or to do any other act necessary to be done in order to such election respectively, to assemble themselves upon a day and at a time to be prefixed in such writ or writs, and to proceed to the election of a mayor, bailiff or bailiffs, or other chief officer or officers, as the cafe (hall require, and to do every act necessary to be done in order to such election, or to signify to the said court good cause to the contrary, and thereupon to cause such proceedings to be had and made, as in any other cafes of writs of Mandamm granted by the said court for election of officers of corporations, and of the day and time appointed in and by any _ such writ or writs of Mandamm for holding such assembly, pu- ykk^otfe^to blick notice-in writing (hall, by such person as the said court shall begiveii of the

N 2 ap-election.

appoint, be affixed in the market-place, or some other publick place within such city, borough or town corporate, by the space of six days before the day so appointed, and such officer or other person respectively shall preside in such assembly, as ought to have presided at the election of such mayor, bailiff or bailiffs, or other chief officer or officers, or at the doing any other act necessary to be done in order to such election, in case the same had been made or done upon the day herein before prescribed for that purpose. Where ^* J^n^ w^ereas 'tn ccr^^n boroughs and toivns corporate zvithin

mayors, &c. ^at Part °f Great Britain called England, Wales and Berwick are to be no- upon Tweed, the mayor, bailiff or bailiff's, or other chief officer or minated or officers, is or are to be nominated, elecled or sworn at a court-leet or court leet"&c v*£w f frank-pl£dge, or some other court, and by reason os the co?iand in default trivance or default of the lord or his jhivard, or such other officer of the lord or by or before whom such court ought to be held, in not holding the same, steward no 0r by some accident, it hath happened and may hereafter happen, that court be held, po no7ninatiou, election or swearing of such mayor, bailiff or bailiffs, or other chief officer or officers, hath been or shall be had or King's bench made: be it further enacted by the authority aforesaid, That in may award a every such case it shall and may be lawful to and for his MajeMandamusfor £y>s COurt of King's bench, upon motion to be made in the court4eetie court> to awai'd a writ of Mandamus, requiring the lord or

his steward or other officer, by or before whom such court ought to be held, to hold or cause to be holden such court-leet or other court, and to do every other act necessary to be done by him in order to such nomination, election or swearing, at such day and time as (hall be for that purpose judged proper by the said court of King's bench, and (hall be appointed in such writ, or to signify to the said court good cause to the contrary, and thereupon to cause such proceedings ta be had and made, as in other cafes of writs of Mandamus granted by the said court, for holding of any court, and of the day and time appointed in and by any such writ of Mandamus for holding such court, publick notice in writing shall, by such person as the said court of King's bench shall appoint, be affixed in the market-place, or some other publick place within such borough or town corporate, by the space of six days before the day so appointed: and where a nomination of persons in order to the election of any such mayor, bailiff or bailiffs, or other chief officer or officers, is to be made at such court-leet or other court, in every such case, after such nomination made, all and every other act and acts necessary to be done in order to such election, shall be had, made and done at such assembly, and in such manner and form, as the fame ought to have been had, made and done, in cafe such election had been made upon the day next after the expiration of the time prescribed for such election by the charter or usage of such borough or corporation, according to the directions herein beforementioned.

Mayors, &c. IV. And be it further enacted by the authority aforesaid, ibeieaed, shall That the mayor, bailiff or bailiffs, or other chief officer or oftake the oaths ficersfleers, who shall be elected pursuant to the directions of this before the preact, shall take the oath or oaths by law required at the time of lldinS officer, his admission into such office, before such officer who shall preside at such election, in pursuance of this act, who is hereby authorized and required to administer such oath or oaths; and shall have the same privileges, precedence, powers and authorities in all respects, as any mayor, bailiff or bailiffs, or other chief officer or officers of the fame city, borough or corporation, elected on the days or time fixed by charter or usage for that purpose ought to have or enjoy.

V. Provided always, That no such election, nor any act No such elecdone in order thereunto, shall be valid, unless as great a num- tion valid, un« ber of persons, having right to be present at and vote therein, ^n^mffr (hall be present at the assembly holden for such purpose, and p^^t^nd .concur therein, as would respectively have been necessary to be concur, as represent, and concur in such election or act in case the same had quired by been made or done upon the day or within the time appointed charter3

for that purpose by the charter or usage of such city, borough or corporation, saving only, that the presence of the mayor, bailiff or bailiffs, or other chief officer or officers who ought to preside, (hall not be necessary.

VI. And be it further enacted by the authority aforesaid, Mayors abThat if any mayor,bailiff or bailiffs,or other chief officer or officers Anting themof any city, borough or town corporate shall voluntarily absent 'f-f11 himself or themselves from, or knowingly and designedly pre- sonment for vent or hinder the election of any other mayor, bailiff or other six months, chief officer in the fame city, borough or town corporate, upon &c»

the day or within the time appointed by charter or ancient usage for such election, the person or persons so offending, being thereof lawfully convicted, shall for every such offence suffer imprisonment for the space of six months without bail or mainprize, and shall be for ever disabled to take, hold or exercise any office belonging to the same city, borough or corporation.

which hath'already happened in not nominating, electing or swear- pened.
ing a mayor, bailiff or bailiffs, or other chief officer or officers
of such corporation, upon the day or within the time limited
for such nomination, election or swearing, by the charter or usage
of such corporation, or by reason of the absence of the mayor,
bailiff or bailiffs, or other chief officer or officers who ought to
have presided at the assembly for such nomination, election or
swearing, or by reason of such election having become void as
aforesaid, but every such corporation (hall be adjudged, deem-
ed and taken to be and to have been subsisting and capable of
electing such officer or officers, to all intents and purposes; any
such omission, absence, default or avoidance, or any defect*
disability or forfeiture arising therefrom, in any wise notwith-
standing.

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VIII. Pro

This act not VIIL Provided always, That nothing herein contained (hall In^charter^ extenc*> or ^e construed to extend, to invalidate or make void any c iai er, charter heretofore granted to and accepted by any city, bo

rough or town corporate, or ajrry corporation-within the fame, or any of them, or any elections or acts had, made or done in nor to make pursuance of any such charter; nor to make good the election fion where*0' °^ any °^cer or member, °r of any person claiming to be an judgment of officer or member of any city, borough or corporation, against Ouster has whom any . judgment of Ouster (hall have been entred or given been awarded upon any information in the nature of a g)uo JVarranto,or whose of Mich terra e^ec^on ^ave Desn avoided upon any writ of Mandamus on 172+.' or before the last day of Michaelmas term in the year of our Lord

one thousand seven hundred and twenty four. Return to be IX. And be it further enacted by the authority aforesaid, "^•iiwrUo^ That where any writ of Mandamus (hall issue out of the court Mandamus. °f King's bench in any of the cafes aforesaid, the person or per~ sons to whom such writ (hall be directed, mall make his or their return to the first writ of Mandamus.

CAP. V.

3 Geo,2. c.37. ^or en^ar£png tne term granted by an act made in the tenth year

* * of her late Majesty's reign, for amending and maintaining the road be

tween Northfleet, Gravelend and Rochester, in the county of Kent j and for explaining the fame act, and for appropriating part of the money arising thereby towards repairing the road between the town of Chatham and Boughton under the Blean, in the said county of Kent.

By this act the private act of 10 Ann. c. 34. is continued from 6 June 1725, for 15 years. Continued by 11 Geo. 2. c. 37.

CAP. VI.

An act for punishing mutiny and desertion, and for the better payment ot'the army and their quarters. EX P.

CAP. VII.

An a51 for rating such unrated goods and merchandizes as
are usually imported into this kingdom, and pay a duty
ad valorem upon the oath of the importer and for ascer-
taining the value of all goods and merchandizes not insert-
ed in the former or present book of rates; and for repeal-
ing certain duties upon drugs and rags \ and for continu-
ing the duty upon apples; and for ascertaining the me-
thod of admeasuring of pictures imported.
Most gracious Sovereign,

WHEREAS by the aft of tonnage and poundage made in the
twelfth year of the reign of King Charles the Second, a sub-
sidy called poundage zvas laid upon all ?nanner of goods and merchan-
dizes of every mercha?H, natural-bom fubjeh, denizen and alien,
to be brought into this realm, or any the dominions to the fame be-
longing, by way of merchandize, of the value of every twenty /hillings
of the fame goods and merchandizes, according to the several and par-
ticular rates and values of the fame goods and merchandizes, as the
fame are particularly and respectively rated and valued in the book of

% rates

11 Car. 2. 0 4

rates therein mentioned and referred unto (subscribed with the hand cf Sir Harbottle Grimstone, baronet, then speaker os the house of commons) tzvelve pence, and so after that rate; in which book^ of rates it is provided, That if there should happen to be brought into this realm any goods liable to the payment of custom and subsidy, which cither ivere omitted in the said book, or were not then used to be brought in, or by reason os the great diversity of the value of some goods could not be rated-, that in such cafe every customer or collector 'for the time being fijould levy the said custom and subsidy of poundage according to the value and price of such goods, to be affirmed upon the oath of the merchant in the presence os the customer, collector^ comptroller and surveyor, or any two os them: and whereas a further subsidy of poundage, of twelve pence in the pound, was granted to his majesty King William the Third (of glorious memory) for his life, by an act made in the ninth year of his reign, upon all goods and 9 W. 3. c. 23. merchandizes imported (except such as are therein excepted) which further subsidy was again granted to her late majesty Ssueen Anne * Ann- stat- r« for her life, by an act made in the first year of her reign; and the '7* said further subsidy was again granted to his present Majesty for his life (which God long preserve) by an act made in the first year of his *# ie°*1' A ,z* Majesty's reign, with the like provision with respect to any goods imported that were not rated in the said book of rates, as zuas made touching the like goods liable to the first mentioned subsidy os twelve pence in the pound, granted by the said act made in the twelfth year 12 Car. 2. c.4, of King Charles the Second: and ivhereas by an act made in the second year of her said late Majejty another subsidy os poundage was * Ann. c* 9* granted upon all goods and merchandizes imported (except as therein is excepted) commonly called the one third subsidy, and by^an ^3 Ann. c. 5. passed in the third year of her said late Majesty another subsidy of poundage was granted upon all goods and merchandizes imported (except as therein is excepted) commonly called the two thirds subsidy; which said, several subsidies of one third and tzvo thirds are, by^ the respective acts which granted and continued the fame, to be paid in proportion to the said further subsidy granted by the said act of the ninth year of the reign of King William the Third, and since con- 9*w- 3• c-*3' tinued during his present Majesty s life as aforesaid: and whereas by an act made in the second year of the reign of their late majesties 2 W. & M. King William and gheeen Mary, an imposition {commonly called the lefl« 2* cold impost) was laid on several goods and merchandizes therein mentioned, and it is provided, Tlmt ivhcre any duties upon goods and merchandizes therein granted are to be levied according to the value of the fame, where such goods or merchandizes are particularly rated in the said book of rates, the value snail be understood and taken according to such rate, and where they are not particularly rated, the value shall be taken by and according to the oath os the importer, and not otherivfe (the duties imposed by the said act not to be reckoned into the value os the feme:) and whereas by an act made in the fourth 4W.&M. c.5, year of the reign of their fad late Majesties^ an additional impost was laid upon several goods and merchandizes therein mentioned according as the fame stood rated in the said book of rates, and also upon all goods and merchandizes imported not particularly rated in the said

N 4 fa** .

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