5 Geo. IV. c. 13. Corporation to apportion the new Guardians amongst the different Wards. The sixteen Guardians to remain in office three years. guardians to the different wards of and belonging to the said town, and XXII. And be it further enacted, That from and after the said thirtieth day of September next, in case any or either of the twenty-four persons, who on the same thirtieth day of September next shall be in the office of guardians of the poor, appointed or elected in pursuance of the said recited acts, and who are hereby made guardians of the poor of the said town for the purposes of this act, and members of the corporation hereby constituted during their respective lives as aforesaid, shall die or resign, or become disqualified, or incapable of acting, or be displaced, or otherwise cease to be guardians, as in this act mentioned, it shall be lawful to and for the mayor of the said town for the time being, or any one of the aldermen of the said town, and such mayor and aldermen respectively are required, upon ten days notice in writing of such vacancy, signed by the governor or deputy governor for the time being of the said corporation, and left for such mayor at the Guildhall of the said town, to hold a court within the ward, for which such persons respectively dying, resigning, or becoming disqualified, or incapable of acting, or being displaced, or otherwise ceasing to be guardians as aforesaid, were or are appointed, and then and there to proceed to the election of some other honest and discreet person or persons, being a resident inhabitant, or resident inhabitants of the said town or precinct, and rated and assessed towards the relief of the poor of the said town, in respect of any lands or tenements in their respective occupations situate in any part of the said town or precinct, of a rental of twenty pounds per annum at the least; or being possessed of freehold or copyhold lands, tenements or hereditaments within the said town or precinct, of the annual value of one hundred pounds, rated to the relief of the poor, in the place of the person or persons respectively who shall have so died or resigned, or become disqualified, or incapable of acting, or have been displaced, or otherwise have ceased to be guardians as aforesaid, by the votes of the inhabitants of the said ward; and the respective persons who shall be so elected shall be guardians of the poor, and be members of the said corporation, during the term of three years from the day of such election, unless they shall sooner become disqualified, or incapable of acting, or be displaced, or otherwise cease to be guardians, as in this act mentioned; and as often as the respective terms of three years, for which any person or persons shall be elected guardian or guardians by virtue of this act, shall expire, the guardian whose period of service shall so expire, shall then go out of office, and some other person duly qualified shall be elected in his F In case any of the sixteen die before their Appointment to a particu. lar Ward, a new Election to take In case of Death, &c. of any of the twenty-four old Guardians, their Successors to be elected by the respective wards, and to continue in office three years. All future Guar dians to continue in office three years. place for a like term of three years, by the votes of the inhabitants of the ward for which the person or persons so going out of office shall have been so respectively appointed or elected, assembled at a court to be held within the said ward ten days before the expiration of such term, and which court the mayor of the said town for the time being, or any one of the aldermen of the said town, is hereby required to hold, after ten days notice in writing, that such term is about to expire, signed by the governor or deputy governor for the time being of the said corporation, shall have been left for such mayor at the Guildhall of the said town; and the person and persons so elected shall continue in office for a like term of three years, unless he or they shall sooner become disqualified, or incapable of acting, or be displaced or otherwise cease to be a guardian or guardians, as in this act mentioned, XXIII. And be it further enacted, That when and as often as any of the persons elected or appointed guardians of the poor of the said town by virtue of this act for the period of three years as herein before mentioned, or any other person or persons who shall be elected in the room of any cr either of such persons, or their or any of their successors, shall after their respective elections, and during the continuance of their respective offices, die, or become disqualified, or incapable of acting, or be displaced, or shall otherwise cease to be guardian or guardians, as in this act mentioned, it shall be lawful to and for the mayor of the said town for the time being, or any one of the aldermen of the said town, and such mayor and aldermen are hereby respectively required, upon ten days notice in writing of such vacancy, signed by the governor or deputy governor for the time being, and left for such mayor at the Guildhall of the said town, to hold a court within the ward for which such persons respectively dying, becoming disqualified, or incapable of acting, or being displaced, or otherwise ceasing to be guardians as aforesaid, were appointed or elected, and then and there to proceed to the election of some other fit and proper person or persons duly qualified, in the place of the person or persons respectively who shall have so died, or become disqualified, or incapable of acting, or have been displaced, or otherwise shall have ceased to be guardians as aforesaid, by the votes of the inhabitants of the said ward in manner aforesaid, and the respective persons who shall be so elected shall be guardians of the poor, and be members of the said corporation during the remainder of such term for which the respective persons whose office shall have become void were chosen, or would have continued in office if such death, disqualification, disability, or cause of removal had not happened, or been made, and no longer. XXIV. Provided always, and be it further enacted, That every person who, after his election or appointment to the office of guardian of the poor for the purposes of this act, shall compound with his creditors, or become bankrupt, or shall cease to be a resident inhabitant of the said town or precinct, rated and assessed towards the relief of the poor of the said town, in respect of lands or tenements in his occupation, of a rental of twenty pounds at the least, or possessed of freehold or copyhold lands, tenements or hereditaments within the said town or precinct, of the annual value of one hundred pounds, rated to the relief of the poor of the said town, shall be disqualified from acting or continuing as such guardian of the poor; provided also, that no person shall be entitled to vote at the election of any guardian of the poor for the purposes of this act, for any ward in the said town, unless he shall be an inhabitant of the ward for which the guardian shall be nominated, and in which the election shall be made, and shall be rated and assessed towards the relief of the poor of the said town, in respect of lands, tenements or hereditaments in his occupation, situate in such ward, of a rental of ten pounds per annum at the least; provided also that public notice of all courts or meetings to be held for the election of any guardian or guardians after the said thirtieth day of September next, shall be given by the person calling the same, ten days at least before the day of holding the same, such notice specifying the time, place and purpose of holding such court or meeting, by affixing such notice on the doors of the two parish churches in the said town, and on some wall or other conspicuous place in two or more of the principal streets of the ward for which the election is to take place. XXV. Provided always, and be it further enacted, That in all cases until the election of a successor to any of the guardians of the poor for either or any of the said wards, who shall have filled such office for three years, pursuant to the regulations of this act, shall be made or completed, the person then holding the said office shall continue to hold the same, and to execute the duties thereof, and to be a member of the said corporation until such election shall be completed, from time to time, any thing in this act contained to the contrary notwithstanding; provided also, that every or any person who shall have served the office of guardian of the poor of the said town for the said term of three years, shall not thereby be rendered ineligible to be re-elected immediately, or at any time afterwards, for the same, or for any other ward of the said town, if he shall be willing to take upon himself the duties of such office. XXVI. And be it further enacted, That the governor of the said corporation, or the deputy governor for the time being, shall have power and authority, and is hereby required from time to time, upon the first Monday in every second month in each and every year, accounting January for the first month, to summon, assemble and hold a general court or assembly of the said corporation within the said town of Kingston-upon-Hull, to consist of eight of the said guardians at the least, on the days and times, and in manner and for the ends in this act mentioned; (that is to say,) the said governor shall hold the said court or assembly between the hours of eleven in the forenoon and three in the afternoon; and in default of his attendance before the said hour of three, then the said deputy governor, or any four of the said assistants, shall after the hour of three hold the same; and the said governor, or in his absence the deputy governor, shall also have power and authority, at any such other time or times as to such governor or deputy governor shall seem meet, to summon, assemble and hold a special general court or assembly of the said corporation, upon three days notice or warn ing at the least, of the intention to hold such court or assembly; and in case any twelve of the said guardians shall upon any emergency signify to the governor for the time being of the said corporation, by any writing under their hands, to be left for the said governor at his usual or last place of residence, that it is their desire that a special general court or assembly of the said corporation shall be called and held, and shall state the reasons and grounds of such their desire, and the particulars and nature of the business then intended to be brought forward, the said governor shall and is hereby enjoined and required to call and hold such special general court or assembly for the purposes in such requisition expressed, and no other, at such time as the said twelve guardians shall so desire; and on his refusal or neglect, the said deputy governor for the time being, on such signification in writing as aforesaid, left at his last or usual place of residence as aforesaid, shall and is hereby likewise enjoined and required to call and hold such special general court or assembly as aforesaid, and on his refusal or neglect, any four of the assistants shall have authority to call and hold such special general court or assembly, on application made to them in writing under the hands of twelve guardians as aforesaid; at all which courts or assemblies all and every member and members of the said corporation for the time being, are hereby enjoined to appear and be present, and not to depart from the same without the licence of the chairman of the said court or assembly, on pain to forfeit such reasonable sum and sums of money, not exceeding five shillings, to the use of the said corporation, as by the court or assembly so to be holden, or any succeeding court or assembly, shall be assessed upon them, unless he or they shall show some reasonable excuse to be allowed of by the said court or assembly, or some succeeding court or assembly. XXVII. And be it further enacted, That the first court or assembly of the said corporation hereby constituted shall be held in the court-room of the workhouse, or in some other convenient place within the said town of Kingston-upon-Hull, on the first Monday after the feast of Saint Andrew, one thousand eight hundred and twenty-four, between the hours of eleven in the forenoon, and three in the afternoon; and all future courts or assemblies of the said corporation shall be held in the said court-room, or in some other convenient place within the said town, and shall consist of eight guardians at the least, except when any other number is specially directed 5 Geo. IV. c. 13. Former Guar dians continued until the election of Success rs completed. Guardians may be re-elected by their consent. General Courts or Assemblies of the Corporation. First, and other semblies where Quorum. 5 Geo. IV. c. 13. Majority to decide. Chairman appointed; Who on equal Divisions is to have a casting vote. Adjournments. Powers of general Courts or Assemblies to appoint a Common Seal; make By-Laws. by this act; and it shall be lawful for each and every such court or assembly of the said corporation to proceed in the execution of the powers and authorities by this act granted; and all proceedings had or done at any of such courts or assemblies, in which the majority in number of the eight or more guardians present shall concur, (and in cases where any other number is particularly required by this act, then with the concurrence of the majority of such greater number,) shall be as valid and effectual as if all the guardians present had concurred therein; and at all courts or assem blies of the said corporation, and at all meetings of committees to be holden by virtue of this act, the governor of the said corporation for the time being, if present, shall preside, and in case the governor shall be absent, the deputy governor, if present, shall preside, and in case the governor and deputy governor shall both be absent, then such person as shall be elected and chosen for the purpose by any such court or assembly, or by the major part in number of the members then present, shall preside at such court or assembly, or committees; and at all courts or assemblies of the said corporation, and at all committees to be held by virtue of this act, in any cases where there shall be an equal number of votes upon any question, including the vote of the person presiding, such person presiding shall in all such cases have an additional or casting vote: provided always, that in case eight guardians shall not be present at the said first, or any future courts or assemblies of the said corporation, it shall be lawful for the guardian or guardians who shall be present, or if no guardian shall be present, then for the clerk, and they are hereby respectively required to adjourn such meeting to any other day, to be then holden in the court-room of the said workhouse, or in some other convenient place within the said town. XXVIII. And be it further enacted, That it shall also be lawful for any such general court or assembly of the said corporation to adjourn such general court or assembly to any other day, either in the court-room of the said workhouse, or some other convenient place within the said town of Kingston-upon-Hull, and so from time to time as often as it shall be thought expedient. XXIX. And be it further enacted, That it shall be lawful for any general court or assembly of the said corporation to be held in pursuance of this act from time to time, to make and appoint a common seal or common seals for the use of the said corporation, and to alter or vary the same from time to time, and also from time to time to make by-laws, rules, orders and regulations for and concerning the conduct and government of all and every the members of the said corporation in the execution of this act, as well at any courts or assemblies as at any committee or committees, or elsewhere, in the execution of their duties as members of the said corporation; and also for and concerning the conduct or government of the churchwardens and of the overseers of the poor in the said town for the time being respectively in all matters relative to the purposes of this act; and also for the good conduct and behaviour of the several officers and servants employed by the said corporation in the execution of this act, and for the better accommodating, maintaining, governing, employing, removing, managing and regulating the poor for the time being, under their care and management, and for all or any other the purposes of the said corporation; and likewise from time to time to vary, alter, amend or repeal all or any of such by-laws, rules, orders and regulations; and to fix and appoint such To impose Fines, reasonable fines and penalties for the breach and nonperformance of any such by-law, rule, order or regulation, or of any part thereof, or for any omission, neglect or refusal to perform the duties imposed on the several members of the said corporation by this act, or by any such by-law, rule, order or regulation as to them shall seem proper or expedient, not exceeding twenty shillings for every default; and all such by-laws, rules, orders and regulations when made, shall be printed, and a copy thereof kept affixed in some conspicuous place at the workhouse of the said town, and shall be good and binding upon all persons concerned, provided that the same or any alteration to be made therein from time to time be not inconsistent with or repugnant to the laws of that part of the United Kingdom of Great Britain and Ireland called England, or to the provisions and directions in this act contained; and provided also, that no by-law, rule, order &c. or regulation which shall be made by virtue of this act, or at present existing, or to be made under or by virtue of the said recited acts, nor any resolution which shall be entered into at any one general court or assembly of the said corporation, shall be varied, altered, amended or repealed, unless notice of such proposed variation, alteration, amendment or repeal be given and entered in the proceedings of the general court or assembly of the said corporation next immediately preceding the court or assembly at which the same shall be proposed, nor unless two-thirds of the persons present at such last-mentioned court or assembly shall concur in and agree to such variation, alteration, amendment or repeal. XXX. Provided always, and be it further enacted, That until a common seal shall be made or appointed by virtue of the powers of this act, it shall be lawful for the said corporation hereby constituted to use the common seal used by the present corporation; and also that the by-laws, rules, orders and regulations of the said present corporation shall, notwithstanding the repeal of the said acts, continue in force, and be as valid and effectual as if the same had been made in pursuance of this act, until the same shall be altered, amended or repealed, upon due notice thereof given as aforesaid, by other by-laws, rules, orders and regulations, made by virtue of this act. XXXI. And be it further enacted, That it shall also be lawful for any such general court or assembly of the said corporation, to be held by virtue of the provisions herein before contained, to appoint any committee or committees, to consist of such number of the members of the said corporation as it shall from time to time be thought expedient to nominate, and the several powers and authorities in this act contained, which by this act may be executed by the said Corporation (except in cases where it is otherwise directed or provided by this Act,) shall be performed and executed by any committee of the said Corporation, to be appointed as aforesaid. XXXII. And be it further enacted, That the guardians of the poor of the said town of Kingston-upon-Hull shall, and they are hereby required at their first general court or assembly of the said corporation, to be held on the Monday after the next feast of Saint Andrew as herein before mentioned, or at some subsequent court or assembly, to elect and choose one of the said guardians to be the governor of the said corporation, one other of the said guardians to be the deputy governor of the said corporation, and eight other of the said guardians to be assistants or visitors, and shall also then and there, or at some subsequent court or assembly, appoint some proper person or persons to be a treasurer or treasurers of the said corporation, and shall likewise appoint all such other officers for the year ensuing as they shall think necessary or proper; and the person holding the office of governor of the present corporation, constituted by the said recited acts shall, if present, preside at such first general court or assembly, and in case the said governor shall not be present, the person holding the office of deputy governor of the said present corporation shall preside at such first general court or assembly, and in case the said deputy governor shall not be present, then the said general court or assembly shall elect and choose from amongst the guardians then present, some proper person to preside at such first general court or assembly; and the governor, deputy governor, assistants, and treasurer or treasurers so to be elected and appointed, shall continue in their respective offices for one year, commencing from the second day of February then next following such election, and until others shall be appointed and enter upon the said offices in their stead: provided always, that the present governor, deputy governor and assistants, appointed and acting under and by virtue of the said recited acts, shall continue to hold their respective offices, and exercise the duties thereof for the remainder of the year for which they were severally chosen, and until such new officers, to be elected and appointed under the provisions of this act as aforesaid, shall enter upon the said offices in their stead in the same manner, and with the like powers, authority and effect, as if they had been elected and appointed under this act; and that the clerks and other persons who have been appointed under, and employed in the execution of the said recited acts, (other than the treasurer) shall continue to exercise the duties of their respective offices under this act, until they shall resign or be removed from the same by virtue of the powers or provisions of this act, and shall 5 Geo. IV. c. 13. No By-Law to be altered without Notice. Present By-Laws and Common Seal to continue until others made. Appointment of A Governor, Deputy Governor and eight Assistants, to be appointed at the first general Court, for one year. |