payers. of the Borough or Boroughs whereof the whole or Part is within Part by Owners such last-mentioned District, and such Number of other Persons and Rateas shall be fixed by such Provisional Order to be selected by such Council or each of such Councils respectively out of their own Number, or from the Persons qualified to be Councillors of the Borough in respect whereof the Selection is to be made, and shall be named and selected by such Council or Councils accordingly, shall, together with such Number of Persons as shall be elected as herein-after mentioned in respect of such Noncorporate Parts, be, within and for such District, the Local Board of Health under this Act; and the first Selection by any such Council in pursuance of this Act shall be made on a Day to be appointed by Parliament; and each Person selected by the Council out of their own Number shall be a Member of the Local Board with which he is selected to act so long as he continues without Re-election to be Member of the Council from whom he was selected, and no longer; and each Person selected by the Council otherwise than out of their own Number shall be a Member of the Local Board with which he is selected to act for One Year from the Date of his Selection, and no longer; and in case of any Vacancy in the Number selected some other Person or Persons (as the Case may require) shall be selected by the Council by whom the Person or Persons causing the Vacancy was or were selected, within One Month after the Occurrence of the Vacancy; and the Meeting of any Council at which any Selection as aforesaid is made in pursuance of this Act shall to all Intents and Purposes be deemed to be a Meeting held in pursuance of an Act passed in the Sixth Year of the Reign of King William the Fourth, intituled An Act for the Regulation 5&6 W. 4. c.76. of Municipal Corporations in England and Wales. Members of XIII. And be it enacted, That in every District comprising Election of the whole or Part of any Corporate Borough or Boroughs as aforesaid, and also any Part or Parts not within the Boundaries of any Corporate Borough or Boroughs, such Number of Persons, qualified as herein-after prescribed, as shall be fixed by such Provisional Order as aforesaid to be elected for such Part or Parts, or for each of such Parts respectively, shall from Time to Time be elected, in such Manner and by such Owners of Property and Rate-payers as herein-after mentioned, to be, together with the Persons selected as aforesaid in respect of the Corporate Parts of such District, and shall be, within and for such District, the Local Board of Health under this Act; and in every District not comprising the whole or Part of any Corporate Borough or Boroughs, but being a District to which this Act may be applied by Order of Her Majesty in Council, such Number of Persons, qualified as herein-after prescribed in this Behalf, as shall be fixed by such Order in Council, shall be elected, in such Manner and by such Owners of Property and Rate-payers as herein-after mentioned, to be, and shall be, within and for such District, the Local Board of Health under this Act; and in every District not comprising the whole or Part of any Corporate Borough or Boroughs, and being a Dis Local Boards of Health. Regulations as to the Number of Persons to be selected or elected Members of Local Boards. In case of Vacancies, remain ing Members may act. Persons both selected and elected, &c. to serve in respect of One Title only. trict to which this Act cannot be applied without the Authority of Parliament, such Number of Persons, qualified as herein-after prescribed, as shall be fixed by such Provisional Order as aforesaid, shall be elected, in such Manner and by such Owners of Property and Rate-payers as herein-after mentioned, to be, and shall be, within and for such District, the Local Board of Health under this Act; and the First Election for any District or Part of a District shall take place on a Day to be appointed by Order of Her Majesty in Council or by Parliament (as the Case may require); and One Third of the Number elected for the whole or any Part or Parts of a District respectively shall go out of Office on such Day in each Year subsequently to that of the First Election as shall be appointed by such Order in Council or Provisional Order as aforesaid (as the Case may require); and the Order in which the Persons first elected shall go out of Office shall be regulated by each Local Board: Provided always, that if the Number of Persons to be elected be not divisible by Three the Proportion to go out of Office in each Year shall be regulated by such Order in Council or Provisional Order (as the Case may require) so that as nearly as may be One Third shall go out of Office in each Year; and if the Number of Persons to be elected for any Part of a District be less than Three the Persons elected shall go out of Office on such Day in each Year, or at such other Period, not being less than a Year, as such Order in Council or Provisional Order (as the Case may require) shall direct; but no Person elected shall in any Case continuously remain in Office for more than Three Years; and on the Days appointed for going out of Office a Number of Persons shall be elected equal to the Number of those so going out, and so many others as may be necessary to complete the full Number of the Local Board of Health in respect of which the Election is to be made. XIV. And be it enacted, That the Number of Persons to be selected or elected for the whole or any Part of a District shall from Time to Time be regulated by such Order in Council or Provisional Order as aforesaid (as the Case may require), due Regard being had to the Size and Circumstances of each District, as may appear to be just and proper; and that any Member of the Local Board of Health, after going out of Office, resigning, or otherwise ceasing to be such Member, may, if otherwise qualified, be again selected or elected (as the Case may require); and in the event of any Vacancy in the Number of Persons elected, by Death, Resignation, or otherwise, between the Times appointed for Election as aforesaid, or if at any Time the said Local Board be without its full Number of Members, the remaining Members shall continue and be as competent to act until the Time appointed for Election, or until the full Number is selected or elected, (as the Case may require,) as if no Vacancy had occurred; and if any Person be both selected and elected to be a Member of the Local Board of Health he shall, within Three Days after Notice thereof from the Clerk, choose, or in default of such Choice the Local Board of which he is so selected and elected to be Member shall determine, the Title in respect of Health. respect of which he shall serve, and immediately upon such Local Boards Choice or Determination the Person so selected and elected shall be deemed to be Member only in respect of the Title so chosen or determined, and his Office as Member in respect of any other Title shall thereupon become vacant. a XV. Provided always, and be it enacted, That if any Corporate Borough or Part thereof be included only for the Purposes of Sewerage in any District comprising any Part or Parts not within the Boundaries of any such Borough, and the last mentioned Part or Parts, or any of them, be constituted District or Districts for any other Purposes of this Act, the Persons elected for such Sewerage District shall, within and for the separate District within which they shall have been so elected, be and constitute the Local Board of Health, in the same Manner and as fully to all Intents and Purposes as if they had been expressly elected to constitute the same. Members. XVI. And be it enacted, That every Person elected as afore. Qualification said shall at the Time of his Election, and so long as he shall of elected continue in Office by virtue of such Election, be resident within the District for which or for Part of which he is elected, or within Seven Miles thereof, and be seised or possessed of Real or Personal Estate, or both, to such Value or Amount as shall be fixed by such Order in Council or Provisional Order as aforesaid (as the Case may require), within the Limits next hereinafter provided, or be so resident, and rated to the Relief of the Poor of some Parish, Township, or Place of which some Part is within such District or Part of a District, upon such annual Value as shall be fixed by such Order in Council or Provisional Order (as the Case may require), within the Limits next hereinafter provided: Provided always, that it shall not be lawful to require that any Person be seised or possessed as aforesaid to a Value or Amount exceeding One thousand Pounds, or to require that any Person be rated upon an annual Value exceeding Thirty Pounds; provided also, that if Two or more Persons be jointly seised or possessed of Real or Personal Estate, or both, of such Value or Amount as would, if equally divided between them, qualify each to be elected, or if Two or more Persons be jointly rated in respect of any Property which if equally divided between them would qualify each to be so elected, each of the Persons so jointly seised, possessed, or rated may be elected; but the same Property shall not at the same Time qualify both the Owner and the Occupier thereof. Members of XVII. And be it enacted, That no Person elected as afore- Declaration to said, or selected by any Council otherwise than out of their be made by Number, shall act as Member of the Local Board of Health Local Boards (except in administering the following Declaration) until he shall before acting. have made and signed before Two or more other Members for the District for which he is elected a Declaration in Writing to the Effect following; (that is to say,) IA.B. do solemnly declare, That I am seised or possessed of [No. 40. Price 2d.] Rr tion a Misde meanor. ]. upon the annual Value (Signed) Made before us, C.D. and E.F., Members of Day of A.B. False Declara. And such Declaration shall be made and signed by the Person making the same, and shall be filed and kept by the Clerk; and any Person who shall falsely or corruptly make and subscribe the said Declaration, knowing the same to be untrue in any material Particular, shall be deemed guilty of a Misdemeanor. XVIII. And be it enacted, That any Person elected as lecting to make aforesaid, or selected by any Council otherwise than out of their to act for Three Own Number, who neglects to make and subscribe the DeclaMonths to cease ration required by this Act for the Space of Three Months next to be a Member. after his Selection or Election, and any Person selected or elected Persons neg Declaration or Disqualifications. under this Act who during Three successive Months is absent from all Meetings and Committees of the Local Board of Health of which he is elected or selected to be Member, shall be deemed to have refused to act, and shall cease to be a Member of such Local Board, and his Office as such shall thereupon become vacant. XIX. And be it enacted, That no Bankrupt, Insolvent, or other Person not qualified as aforesaid shall be capable of being elected as aforesaid; and if any Person, after being so elected or selected by any Council otherwise than out of their own Number, shall lose or discontinue to hold his Qualification, or shall be declared bankrupt, or shall apply to take the Benefit of any Act for the Relief or Protection of Insolvent Debtors, or shall compound with his Creditors, or if any Member selected or elected under this Act shall accept or hold any Office or Place of Profit under the Local Board of Health of which he is Member, or shall in any Manner be concerned in any Bargain or Contract entered into by such Board, or participate in the Profit thereof, or of any Work done under the Authority of this Act in or for the District for which he is Member, then and in every such Case such Person shall, except in the Cases next herein-after provided, cease to be such Member, and his Office as such, shall thereupon become vacant; and any Person who, not being duly qualified to act as Member of the said Local Board, or who has not made and subscribed the Declaration required of him by this Act, or who after being disqualified or disabled from acting by any Provision of this Act, shall so act, shall for every such Offence be liable to a Penalty of Fifty Pounds, which may be recovered by any Person, with full Costs of Suit, by Action of Debt; and in such Action it shall be sufficient for the Plaintiff to prove in the first instance that the Defendant at the Time when the Offence is alleged to have been committed acted as such Member; and the Burthen of proving Qualification, and the making and Subscription of the Declaration, or negativing Disqualification, by reason of Nonresidence, or not being seised or possessed of the requisite Real or Public Health. Cap. 63. of Health. or Personal Estate, or both, shall be upon the Defendant: Pro- Local Boards 625 vided always, that no Person, being a Proprietor, Shareholder, or Member of any Company or Concern established for the Supply of Water, or for the carrying on of any other Works of a like public Nature, shall be disabled from being, continuing, or acting as Member of the said Local Board by reason of any Contract entered into between such Company or Concern and such Board; but nò such Person shall vote as Member of the said Local Board upon any Question in which such Company or Concern is interested: Provided also, that all Acts and Proceedings of any Person disqualified, disabled, or not duly qualified as aforesaid, or who has not made and subscribed the said Declaration, shall, if done previously to the Recovery of the lastmentioned Penalty, be valid and effectual to all Intents and Purposes whatsoever. Election of XX. And be it enacted, That at every such Election as aforesaid the Rate-payers in respect of Property in the District Local Boards. or Part of a District for which the Election is held, and the Qualification of Owners of such Property, shall be entitled to vote according Electors, and to the Scale following; (that is to say,) if the Property in Scale of voting. respect of which the Person is entitled to vote be rated upon a rateable Value of less than Fifty Pounds he shall have One Vote, if such rateable Value amount to Fifty Pounds and be less than One hundred Pounds he shall have Two Votes, if it amount to One hundred Pounds and be less than One hundred and fifty Pounds he shall have Three Votes, if it amount to One hundred and 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; and any Person who is Owner and also bonâ fide Occupier of the same Property shall be entitled to vote both in respect of such Ownership and of such Occupation; and the Votes shall be given, taken, collected, and returned according to the Directions herein-after contained; and the Majority of the Votes actually collected and returned shall be binding on the District or Part of a District for which the Election is had; and whosoever shall not vote or shall not comply with such Directions shall be omitted in the Calculation of Votes, and be deemed to have had no Vote: Provided always, Definition of that the Word "Owner" and "Owners," when used in this the Words Act in relation to the Right of voting at any Election under this Act, shall respectively be construed to mean any Person or Per- applied to this sons for the Time being in the actual Occupation of any Kind Act. of Property rateable to the Relief of the Poor, and not let to him or them at a Rack Rent, or any Person or Persons receiving, either on his or their own Account, or as Mortgagee or Mortgagees, or other Incumbrancer or Incumbrancers, in possession, the Rack Rent of any such Property; and no Person shall be deemed a Rate-payer or be entitled to vote as such at any such Election unless he shall have been rated to the Relief of the Poor in the District or Part of a District for which he Rr 2 "Owner" and |