future census may be altered. vary on any to have varied from those shown by the last previous the numbers census, it shall be lawful for the metropolitan board of of members works constituted by this Act, upon the application of the vestry or any ratepayers of any such parish, to alter the number of the members of the board of works for such district to be elected for all or any of the parishes therein (a); but so that the number of members to be elected for any such parish, if exceeding three, shall be a number divisible by three. As to the of members of district boards elected at and as to future elec tions. XXXIV. One-third of the members of any such board term of office first elected for any parish for which three or more such members are by this Act appointed to be elected shall go out of office at the time hereinafter appointed (b) for the first election, election of members of such board in the year 1857, one other third of them at the time appointed for such election in 1858, and the remaining third at the time appointed for such election in the year 1859; and the vestry shall at the time of the first election under this Act of such members determine by lot which of the members first elected shall constitute the one-third to go out of office in the years 1857 and 1858 respectively; and all members elected to supply vacancies occasioned by members going out of office at the expiration of their term of office shall go out of office at the election of members of such board in the third following year. Elections to nually for supplying vacancies occasioned by expira [XXXV. (c) The vestry of every such parish shall on the be held an- first Wednesday in the month of June in the year 1857, and in every subsequent year, elect so many vestrymen of such parish to be members of the board for the district in which such parish is comprised as may be necessary for supplying the vacancies among the members of such board, elected for such parish, occasioned by expiration of the term of office of the members going out of office at the time of such election.] tion of term of office. (a) See similar provision with respect to vestries, s. 5. (c) This section is repealed by the 40th section of the 25 & 26 Vict. c. 102, post, which renders persons qualified by rating and occupation eligible though not vestrymen. to parishes as many as district XXXVI. The members of any such board first elected Provision as for parishes for which less than three members are by not electing this Act appointed to be elected shall go out of office on three memthe said first Wednesday in June, 1859, and members bers of a subsequently elected for such parishes to supply vacan- board. cies occasioned by members going out of office at the expiration of their term of office shall go out of office on the first Wednesday in June in the third year following their election; and the vestries of such parishes shall on the said first Wednesday in June in the year 1859, and in every third following year, elect members in the place of the members then going out of office. to casual XXXVII. When any member of any district board Provision as dies, resigns, or ceases to be such member, otherwise than vacancies. by the expiration of his term of office (d), the vestry of the parish for which he was elected shall with all convenient speed elect a person to be a member of such board in his place; aud every member of any such board elected to supply any such vacancy shall go out of office when the term of office of the member in whose place he is elected would have expired by effluxion of time. district seven mem XXXVIII. All powers and duties vested in the board Powers of of works for any district may be exercised or performed boards to be at any meeting of such board holden under this Act, exercised at meetings not there being not less than seven members of the board less than present; and at every such meeting all questions shall bers being be decided by the votes of the majority (e) of the mem- present. bers present; and the board may act notwithstanding any vacancies therein, and notwithstanding any omission to elect any member or members of such board, in pursuance of this Act. XXXIX. The first meeting of the board of works for Ordinary any district shall be holden on the Wednesday in the (d) See sect. 54. (e) See as to what is a majority, note (g) to sect. 28, ante. meetings of district boards. Special meetings of district boards. Chairman to meeting of board. week next following the election of such board, at ten o'clock in the forenoon, at the place at which the vestry of the parish in such district first named in schedule (B.) to this Act usually meet; and every subsequent ordinary meeting shall be holden on and at such day, time, and place as the board may from time to time appoint in this behalf (e), subject, nevertheless, to the provision hereinafter contained (f), appointing the day on which meetings shall be holden for the first election of the metropolitan board of works. XL. A special meeting of any such board may be convened by any five members of the board, or by the clerk of the board, upon the requisition in writing of five members of the board, by a notice to the several members thereof forty-eight hours at least before the time of meeting, such notice to be signed by the members or clerk convening the meeting, and to specify the object thereof (g). XLI. Every such board shall at every meeting of be elected at such board, before proceeding to business, elect a chairman of such meeting, and such chairman, in case of an equality of votes on any question, shall have a second or casting vote. District boards and vestries of parishes in schedule Incorporation of Vestries and District Boards. XLII. The board to be constituted as aforesaid for every such district shall be a body corporate by the name of "The Board of Works for the district," and the (A.) incorpo- vestry of every parish mentioned in schedule (A.) to this Act shall be a body corporate, by the name of "The Ves rated. (e) See provision as to days of meeting of district boards, 25 & 26 Vict. c. 102, s. 37, post. (f) See sect. 45. (g) See note (e), p. 28. in the County of " and try of the Parish of Constitution and Incorporation of Metropolitan Board of Works. board of incorporated. XLIII. A board, to be called "The Metropolitan Metropolitan Board of Works," shall be constituted as hereinafter works conmentioned, and such board shall by such name be a body stituted and corporate, and have perpetual succession and a common seal, and sue and be sued, and have power and authority (without any licence in mortmain) to take, purchase, and hold land for the purposes of this Act. bers of metropolitan elected for XLIV. The mayor, aldermen, and commons of the Three memcity of London, in common council assembled, shall, on the 12th day of December, 1855, elect three persons to board to be be members of the said metropolitan board, and shall, the city. when any member of such board elected by the said mayor, aldermen, and commons dies, resigns, or otherwise ceases to be such member, elect some person in his place (h). single pa boards to bers of the XLV. The vestry of each of the parishes mentioned Vestries of in the first part of the said schedule (A.) shall, at a rishes and meeting of such vestry to be holden on the 12th day of district December, 1855, elect two persons to be members of the elect memsaid metropolitan board of works; and the vestry of metropolitan each of the parishes mentioned in the second part of the board. said schedule (A.) except the parish of Rotherhithe, and the board of works for each of the districts mentioned in the first part of the said schedule (B.), shall, at a meeting (h) See sects. 54, 55. Boards for districts of Plumstead and Lewis ham united member of metropolitan board. of such vestry and board respectively to be holden on the last-mentioned day, elect one person to be a member of the said metropolitan board; and every such vestry and board shall, when any member of such metropolitan board, elected by such vestry or board, dies, resigns, or otherwise ceases to be such member, elect a person to be a member of the said metropolitan board in the place of the member so dying, resigning, or otherwise ceasing to be such member. XLVI. The districts of Plumstead and Lewisham, mentioned in the second part of the said schedule (B.), shall be united for the purpose of electing from time to for electing a time a member of the metropolitan board of works; and the boards of works for such districts shall, at a joint meeting of such boards, to be held on the said 12th day of December, 1855, at the place of meeting of the board of works for the district of Plumstead, elect a person to be a member of the said metropolitan board; and when any member of such board elected by the boards of works for the said united districts dies, resigns, or otherwise ceases to be such member, such boards of works shall, at a joint meeting of such boards to be holden at the place aforesaid, elect some person in his stead; and such meeting shall be convened as follows; that is to say, the clerk of the board of works for the district of Plumstead shall communicate with the clerk of the board of works for the district of Lewisham, and arrange with him the time of such meeting of the boards of works for such districts; and when such arrangement has been made, notice of the time, place, and object of such meeting shall be given by such clerks respectively in manner required for notices of special meetings of the boards for such districts; and every election to be made as aforesaid by the said boards shall be determined by the votes of the majority of the members thereof present at the meeting; and every such meeting shall, before proceeding to the election, choose a chairman, who shall preside |