Sydney Corporate Elections Act 1847 No 36a (NSW)

No. XXXVI.

An Act for removing: doubts as to the Election svi.netcorporate

ot Mayor and Aldermen and for other ----

purposes therein mentioned.	[2nd October,
1847.]

T T T IIE I tE A S by an Act of the Governor and Legislative Council ricambic.

V V of the Colony of New Soutli W ales made and passed in tlic

sixtli year ol‘ the reign of H er IMajcsty Queen Victoria intituled

“ A n A ct to declare the Tomi o f Sijd.Hcy to he a City and to incorporate ̂vic. No.

the Inhahitcmts thereof" it is amongst other things enacted tha t on the

n in th day of November in each year tlie Council of the City shall (dcct

out of the Aldermen or Councillors a fit and proper person to he IMayor

of the City and on the n inth day of November in every succeeding

th ird year tlic Council shall elect onc-half of the whole number of

Aldermen of the City in lieu of those who go out of office in mannea*

and form therein stated And whereas doubts hove been entertained

whether the aforesaid provisions may he held to extend to persons

elected or chosen to the office of M ayor or Alderman by a less numhei-

of votes than an absolute majority of the votes of the Councillors

present and sufficient to constitute a Council according to the provisions

of the said A ct and it is expedient th a t such doubts should he

removed Be it therefore enacted hv H is Excellency the Governor of

New South W ales w ith the advice and consent of the Legislative omcc of May or. .r

Council thereof That no person shall he deemed to he or be hereafter

elected or chosen to the office of Mayor or Alderman unless he shall majority of the votes

have an absolute mayority of the votes of the members present at the prcsc,b™t'thô

meeting holden for such purpose the members present not being fewer meetiiis.

than one-third of the whole num her of the Council such absolute

m ajority to he ascertained by show of hands or by division if so

required by any member of Council anything contained in the herein­

before recited Act to the contrary notwithstanding.

2. And be it enacted That if no election be made of the Mayor other

or other olheers ol tlu; City upon the day or witJnn tlic time appointed on tiie a.iy ai.iu.iniptt for such election or such elirction beiiiu made shall aftcruai ds I j c e o m e m e y he ' . , m adcnnasuhstquent

VOJd day.

1770 No. 36. 11“ VIO. 1847.

Sydney Coi'porate Electio^is.

void whether such omission or avoidance should happen through the default of such person or persons who ought to have been present when such election or elections was or were to be made or by any accident or other means whatsoever the Corporation shall not he deemed or taken to be dissolved or disabled from electing such officers for the future but in any case where no election shall he made as aforesaid it shall and may be laivful for the members who have righ t to vote or he present at or to do any other act necessary to be done in order to or for the completion of such election and they or such of them as shall not he hindered by any reasonable impediment or excuse are hereby required respectively to meet or assemble together in the Town H all or other usual place of meeting for making such election within such City upon the day next after the expiration of the time within which such election ought to have been made unless such day should happen to he Sunday and then upon the Monday following between the hours of ten o’clock in the forenoon and two o’clock in the afternoon of the same day and so on from day to day un til such election shall he duly made and th a t the members or persons having righ t to vote a t or to do any other act necessary to be done in order to such election or such of them as shall bo assembled or met together shall forthwith proceed to the election of a M ayor or other officer of such City and to do every act necessary to be done in order to or for the completion of such election in such m anner as hereinbefore directed in order to the election of such officer or officers upon the day or witliin the tim e appointed by the first hereinbefore recited Act.

IMceting for the

elcctioji of Mayor	3. And whereas circumstances have arisen to make it proper holden for the future Be it therefore enacted That from and after the passing of this Act the Council of the said City duly elected under the provisions of the hereinbefore recited A ct shall assemble at noon in the Town H all for the time being or the building occupied as such for the election of Mayor or Aldermen on the particular day and time therein mentioned.
and Aldi rmen to be	and expedient to change the place a t which such elections may be
Hall.
lield a t the Town
As to resignation of
office.	4. And be it enacted That so much of the fifty-fifth clause of the Act first above recited as enacts “ th a t every person elected into “ any corporate office may a t any time resign such office on payment “ of the fine which he would have been liable to pay for non-acceptance “ of the same office” shall he and the same is hereby repealed and th a t instead thereof it be enacted th a t every person elected to any corporate office may a t any time resign such office and the resignation shall he held to be complete from the date of its being received by the Town Clerk or person acting as such Provided nevertheless th a t the person so resigning shall he liable to the same fine as he would have been liable to pay for non-acceptance of the same office to be recovered in the m anner directed by the said hereinbefore recited Act.

As to m aking bye- . . 5. And whereas it is expedient to define the powers of the Council of the said City with regard to m aking bye-laws and fixing fines and penalties Be it declared and enacted That it shall be compe­ ten t for the Council of the said City to fix by any bye-law such penalty or penalties whether fixed or variable as to them shall seem meet for the enforcement of the provisions thereof Provided always th a t no fine appointed by any such bye-law shall exceed’ten pounds and tha t no bye-law heretofore made by the said Council shall be invalid or inoperative on account of any variable fine or penalty prescribed thereby hnt shall in regard to such variable fine or penalty he taken to have been and be as valid and operative as if such bye-law had been made and passed after the passing of this Act.

anTpeuaitks! ̂

As to evidence of C. And hc it enacted That a copy of any bye-laws to he passed Council of the said City under the Common Seal of the Mayor

Aldermen

1847. 11" VIC. No. 37. 1771

Ax>propriatiou (1848).

Aldermen Councillors and Citizens thereof witli a declaration thereon signed by the Mayor of the City for the time heiii" and countersio-ned hy the Town Clerk or person Jioldino- tlic situation of Town Clei-k when the bye-law came into force tha t the same had been sent sealed w ith the said seal to the Governor for the time being of the said Colony and tha t all the other requirements of the ninety-second section of the Act of Council tirst above recited had been complied w ith shall hc received as evidence of the existence of any such hye-law and of the sending and pidilishing thereof in all Courts of Law and Ec|uity and before all Justices in Sessions or otherwise.