ing and two in the afternoon of the fame day; and that the members or perfons having right to vote at, or to do any other and proceed act neceffary to be done in order to fuch election, or fuch of to election. them as fhall be fo affembled 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 necessary 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 election of fuch officer or officers, upon the day or within the time appointed by charter or usage for such 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 necessary 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 purpose, thall be abfent, then fuch Mayor, &c. other perfon having a right to vote, being the nearest then pre- nearest inplace absenting, the fent in place or office to the perfon or perfons fo abfenting him- may hold the felf or themselves, fhall hold the court or prefide in the meet- court. ing or affembly hereby appointed, and fhall have the fame power and authority in all refpects 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 affembly for the election of officers for fuch place, or for doing any other act necessary to be done in order to fuch election. may award a II. And it is hereby further enacted by the authority afore- If no election faid, 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 shall be made of the come void, mayor, bailiff or bailiffs, or other chief officer or officers of King's bench fuch city, borough or town corporate, upon the day or within Mandamusfor the time appointed by charter or ufage for that purpose, and that electing. no election of fuch officer or officers fhall be made, pursuant to the directions herein before prefcribed, or fuch election being made, shall afterwards become void as aforefaid, in every such case it shall 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 respectively, to affemble themselves 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 bailiffs, or other chief officer or officers, as the cafe thall require, and to do every act necefsary to be done in order to fuch election, or to fignify to the faid court good cause 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 faid court for election of officers of corporations, and of the day and time appointed in and by any six days pufuch writ or writs of Mandamus for holding fuch aflembly, pu- blick notice to blick notice in writing fhall, by fuch person as the faid court fhall be given of the N 2 ap- election. Where are to be nominated or fworn at a appoint, be affixed in the market-place, or fome other publick place within fuch city, borough or town corporate, by the space of fix days before the day fo appointed, and fuch officer or other person respectively fhall prefide in fuch assembly, 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 election, in cafe the fame had been made or done upon the day herein before prefcribed for that purpofc. III. And whereas in certain boroughs and towns corporate within mayors, &c. that part of Great Britain called England, Wales and Berwick upon Tweed, the mayor, bailiff or bailiffs, or other chief officer or officers, is or are to be nominated, elected or sworn at a court-leet or court-leet, &c. view of frank-pledge, or fome other court, and by reafon of the conand in default trivance or default of the lord or his steward, or fuch other officer of the lord or by or before whom fuch court ought to be held, in not holding the same, steward no or by fome accident, it hath happened and may hereafter happen, that court be held, no due nomination, election or fwearing of fuch mayor, bailiff or bailiffs, or other chief officer or officers, bath been or shall be had or King's bench made: be it further enacted by the authority aforefaid, That in may award a every such case it thall and may be lawful to and for his MajeMandamusfor fty's court of King's bench, upon motion to be made in the holding the faid court, to award a writ of Mandamus, requiring the lord or court-leet. his steward or other officer, by or before whom such court ought to be held, to hold or caufe to be holden fuch court-leet or other court, and to do every other act neceffary to be done by him in order to fuch nomination, election or fwearing, at fuch day and time as fhall be for that purpose judged proper by the said court of King's bench, and fhall be appointed in fuch writ, or to fignify to the faid court good cause to the contrary, and thereupon to cause such 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 bailiffs, or other chief officer or officers, 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 affembly, 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 prescribed for fuch election by the charter or ufage of such borough or corporation, according to the directions herein beforementioned. IV. And be it further enacted by the authority aforesaid, Mayors, &c. fo elected, fhall That the mayor, bailiff or bailiffs, or other chief officer or officers take the oaths ficers, who fhall be elected purfuant to the directions of this before the preact, fhall take the oath or oaths by law required at the time of fiding officer. his admission into fuch office, before fuch officer who fhall prefide at fuch election, in purfuance of this act, who is hereby authorized and required to administer fuch 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. a number be V. Provided always, That no fuch election, nor any act No fuch elecdone in order thereunto, fhall be valid, unless as great a num- tion valid, un ber of perfons, having right to be prefent at and vote therein, lefs as great fhall be prefent at the affembly holden for such purpose, and present and concur therein, as would respectively have been neceflary to be concur, as represent, and concur in fuch election or act in cafe the fame had quired by been made or done upon the day or within the time appointed charter, &c. for that purpose by the charter or ufage of fuch city, borough or corporation, faving only, that the prefence of the mayor, bailiff or bailiffs, or other chief officer or officers who ought to prefide, fhall not be neceffary. VI. And be it further enacted by the authority aforesaid, Mayors abThat if any mayor,bailiff or bailiffs, or other chief officer or officers fenting themfelves,&c. fall of any city, borough or town corporate shall voluntarily abfent fuffer imprihimself or themselves from, or knowingly and defignedly pre- fonment for vent or hinder the election of any other mayor, bailiff or other fix 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 perfon or perfons fo offending, being thereof lawfully convicted, fhall for every fuch offence fuffer imprifonment for the fpace of fix months without bail or mainprize, and shall be for ever disabled to take, hold or exercise any office belonging to the fame city, borough or corporation. VII. And be it further enacted by the authority aforefaid, No corporaThat no corporation fhall be deemed or adjudged to be diffolv- tion diffolved ed or difabled from electing a mayor, bailiff or bailiffs, or other or difabled by any omiffion chief officer or officers, by reafon of any omiffion or default, already hapwhich hath already happened in not nominating, electing or fwear- pened. ing a mayor, bailiff or bailiffs, or other chief officer or officers of fuch corporation, upon the day or within the time limited for fuch nomination, election or fwearing, by the charter or ufage of fuch corporation, or by reafon of the abfence of the mayor, bailiff or bailiffs, or other chief officer or officers who ought to have prefided at the affembly for fuch nomination, election or swearing, or by reafon of fuch election having become void as aforefaid, but every fuch corporation fhall be adjudged, deemed and taken to be and to have been fubfifting and capable of electing fuch officer or officers, to all intents and purposes; any fuch omiffion, abfence, default or avoidance, or any defect, difability or forfeiture arifing therefrom, in any wife notwithДtanding. VIII. Pro N 3 This act not to make void any charter, nor to make good any elec judgment of tion, where Oufter has been awarded fince laft day of Mich. term 1724. Return to be made to the first writ of Mandamus, VIII. Provided always, That nothing herein contained shall extend, or be conftrued to extend, to invalidate or make void any charter heretofore granted to and accepted by any city, borough or town corporate, or any corporation within the fame, or any of them, or any elections or acts had, made or done in pursuance of any fuch charter; nor to make good the election of any officer or member, or of any perfon claiming to be an officer or member of any city, borough or corporation, against whom any judgment of Ouster fhall have been entred or given upon any information in the nature of a Quo Warranto, or whose election thall have been avoided upon any writ of Mandamus, on or before the last day of Michaelmas term in the year of our Lord one thousand seven hundred and twenty four. IX. And be it further enacted by the authority aforesaid, That where any writ of Mandamus thall iffue out of the court of King's bench in any of the cafes aforefaid, the perfon or perfons to whom fuch writ fhall be directed, fhall make his or their return to the first writ of Mandamus. CAP. V. 3 Geo. 2. c.37. An act for enlarging the term granted by an act made in the tenth year of her late Majefty's reign, for amending and maintaining the road between Northfleet, Gravelend and Rochester, in the county of Kent; and for explaining the fame act, and for appropriating part of the money arifing thereby towards repairing the road between the town of Chatham and Boughton under the Blean, in the faid county of Kent. 82 Car. 2. C. 4. By this act the private act of 10 Ann. c. 34. is continued from 6 June 1725, An act for punishing mutiny and defertion, and for the better payment CAP. VII. An alt for rating fuch unrated goods and merchandizes as Moft gracious Sovereign, WHEREAS by the act of tonnage and poundage made in the rates therein mentioned and referred unto (fubfcribed with the hand of Sir Harbottle Grimstone, baronet, then Speaker of the house of commons) twelve pence, and fo 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 fubfidy, which either were omitted in the faid book, or were not then used to be brought in, or by reafon of the great diverfity of the value of fome good's could not be rated; that in fuch cafe every customer or collector for the time being should levy the faid cuflom and fubfidy of poundage according to the value and price of fuch goods, to be affirmed upon the oath of the merchant in the prefence of the customer, collector, comptroller and furveyor, or any two of them: and whereas a further fubfidy 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 fubfidy was again granted to her late majesty Queen Anne 1 Ann. ftat. 1. for her life, by an act made in the first year of her reign; and the faid further fubfidy was again granted to his prefent Majefty for his life (which God long preferve) by an act made in the first year of his 1Geo.1. ftat.z. Majesty's reign, with the like provifion with respect to any goods imported that were not rated in the faid book of rates, as was made touching the like goods liable to the first mentioned fubfidy of twelve pence in the pound, granted by the faid act made in the twelfth year 12 Car. 2. c.4, of King Charles the Second: and whereas by an act made in the fe C. 7. C. 12. cond year of her faid late Majesty another fubfidy of poundage was 2 Ann. c. 9. granted upon all goods and merchandizes imported (except as therein is excepted) commonly called the one third fubfidy; and by an act 3 Ann. c. 5. passed in the third year of her faid late Majesty another subsidy of poundage was granted upon all goods and merchandizes imported (except as therein is excepted) commonly called the two thirds fubfidy; which faid feveral fubfidies of one third and two thirds are, by the respective acts which granted and continued the fame, to be paid in proportion to the faid further fubfidy granted by the faid act of the ninth year of the reign of King William the Third, and fince con- 9W.3. c. 23, tinued during his prefent Majefty's life as aforefaid: and whereas by an act made in the fecond year of the reign of their late majesties 2 W. & M. King William and Queen Mary, an impofition (commonly called the lef. 2. c. 4. old impoft) was laid on feveral goods and merchandizes therein mentioned, and it is provided, That where any duties upon goods and merchandizes therein granted are to be levied according to the value of the fame, where fuch goods or merchandizes are particularly rated in the faid book of rates, the value shall be underflood and taken according to fuch rate, and where they are not particularly rated, the value shall be taken by and according to the oath of the importer, and not other wife (the duties impojed by the faid act not to be reckoned into the value of the fame :) and whereas by an act made in the fourth 4W.& M. c. 5. year of the reign of their faid late Majeflies, an additional impoft was laid upon feveral goods and merchandizes therein mentioned according as the fame flood rated in the said book of rates, and also upon all goods and merchandizes imported not particularly rated in the faid N 4 book |