No person elected mayor, alderman, councillor, auditor, or assessor for a borough can act as such without first making a declaration before two or more aldermen or councillors, to the effect that ho will faith fully fulfil the duties of his office according to the best of his judgment and ability, and that he is possessed of the amount of property required as a qualification, over and above what will satisfy all his debts. A person duly elected to the office of mayor, alderman, councillor, auditor, or assessor, is bound either to accept office or to pay a tine to the borough, not exceeding 100/. in the case of mayor and 50/. in that of the other offices mentioned, as the council by bye-law shall Lunacy, imbecility, deafness, blindness, or other permanent infirmities of body are valid grounds for exemption from serving and from the fine. Military, marine, and naval officers of her Majesty on full pay are also exempt, and any person above the ago of 65 years, or who has already served or paid a tine for non-acceptance of office within five years from the time of re-election, may claim exemption, provided they make their claim within five days after receiving notice of their election.
Functions and Dutiet.—All acts of the corporate body are ratified by the annexation of the common seal, which expresses the assent of the whole body. The council, consisting of the mayor, aldermen, and councillors, is the acting organ of the general body, and the business of the borough is transacted at its meetings, general and special. Under the Municipal Corporation Act, three clear days' notice of every meeting, signed by the mayor; insist be fixed on or near the door of the town hall. In case of tho death, resignation, or removal of the mayor, the town clerk must sign the notice of the meeting to be con vened in order to fill the vacant place of mayor. Quarterly meetings for the transaction of general business are appointed to be hold, one at noon on the 9th of November (or the next day if that be Sunday), and the other three upon such days as the council shall at that meeting appoint. No notice of the business to be transacted at these quarterly meetings need be given.
The mayor may call a special meeting as often as he thinks proper. Should the mayor refuse to call a meeting, when requested so to do by writing signed by five members of the council, those five members may call a meeting, of which they must give due notice, and which they must sign, stating at the same time the business to be transacted. A summons to attend, specifying the business to be transacted, signed by the town clerk, must be left at the abode of every member of the council three clear days before every special meeting ; and no business save that specified in the summons can be transacted at the meeting. At every meeting the majority of members present decides all ques tions, provided the whole number present be not less than one-third of the whole council. The mayor, or in his absence such alderman, or if
no alderman be present such councillor, as the rest shall choose for chairman, presides, and in case of equality of votes has a casting vote. Minutes of the proceedings are drawn up and entered fairly in the minute-book, and must be signed by the chairman at the meeting. These minutes are open to the inspection of any burgess at all reasonable times on payment of a fee of one shilling.
The council may appoint out of their own body committees for general and special purposes, whenever it is thought that the matter in question can be better managed by means of a committee. The acts of all committees must be submitted to the council for approval.
The council may make bye-laws for the good rule and government of the borough, and for prevention and suppression of such nuisances as arc not already punishable in a summary manner by virtue of any Act in force throughout the borough, and may appoint such fines, not exceeding 51., as they may deem necessary to enforce the observance of these regulations. Such bye-laws, however, have no force until the expiration of forty days after a copy sealed with the common seal has been sent to one of the secretaries of state, and has been affixed to the door of the town ball or some other public place within the borough, and such bye-laws may be annulled or modified by the crown with advice of the privy council.
Police.—It is the duty of the council to appoint out of their own body a committee entitled " The Watch Committee," for managing affairs of police within the borough. This committee appoints con stables, who may act within seven miles of the borough, and who are empowered to apprehend idle and disorderly persons disturbing the public peace, or whom they may reasonably suspect to intend felony, and to deliver such to the constable in attendance at the nearest watch house. The watch committee must transmit a quarterly report on the 1st of January, 1st of April, 1st of July, and 1st of October, to the secretary of state, with a copy of their rules for the management of constables.
Paring, Lightiny, dc.—By the Municipal Corporation Act, and by 6 & 7 Will. W. c. 105, and 20 & 21 Vict. c. 50, provision is made for the transfer to the body corporate of the borough of the powers for paving, lighting, supplying water, and other useful objects, which under a multitude of local acts had been previously vested in the old corporations or in separate bodies of trustees. Charitable trusts, of which the old corporations were the depositaries, are not transferred to the councils, but have been confided to distinct bodies of trustees.