Auckland Provincial Government Gazette. 279

39. If any person so elected shall, after receipt of such notice, fail to comply with such requirement, he shall be held to have declined such office.

40. Any person duly qualified (except as hereinbefore provided) who shall be elected to fill any such Corporate office shall, in the event of his refusal, or omission to discharge the duties thereof, be liable to the same fines or penalties to which any person is liable in England for the like offence, which fines and penalties shall be recovered and applied as nearly as may be in the same manner in which the like fines and penalties are recovered and applied in England.

41. In case any person shall decline the office to which he shall have been so elected, or in case any extraordinary vacancy shall occur in the Council, every such vacancy shall be filled up by an election to be conducted in manner hereinbefore provided within ten clear days after such vacancy shall occur; and every person so elected shall hold office until the time when the person in the room of whom he was chosen would regularly have gone out of office, and shall then go out of office.

42. Every person who shall have been elected to any Corporate Office shall be capable of being re-elected upon the expiration of his term of office.

III.—THE MAYOR AND ALDERMEN, THEIR ELECTION, &c.

43. The Common Councillors of the said Borough, when so elected, shall annually choose from their own number the Aldermen and the Mayor thereof, to serve for the year next ensuing such choice.

44. The Election of such Mayor and Aldermen shall take place within one week after the annual election of Common Councillors.

45. The said Mayor and Aldermen shall be elected by a majority of votes; and in case of an equality of votes, the priority between the Common Councillors for whom an equal number of votes have been given, shall be determined by lot.

46. Every Mayor, Alderman, and Common Councillor shall, before entering on the discharge of such his trust or office, take and subscribe the Oath of Allegiance, and none other.

47. Until otherwise ordered, the said Oath shall be administered by a Judge of the Supreme Court, or by such person as the Governor-in-Chief shall for that purpose appoint.

48. It shall be lawful for any such Mayor, Alderman, or Common Councillor, to resign his office at any time, with the consent of the Common Council: Provided that the person so desiring to resign shall give to the Common Council not less than three weeks notice of his intention so to do.

49. The Mayor of the said Borough for the time being shall, in virtue of such his office, and without any further appointment, be a Justice of the Peace of and for the Borough during a period of two years next following on his election.

50. Every Alderman of the said Borough, in virtue of such his office, and without any further appointment, shall be a Justice of the Peace of and for the Borough, so long as he shall continue in the discharge of such his office of Alderman.

51. If any such Mayor, Alderman, or Common Councillor, shall be declared Bankrupt, or shall apply to take the benefit of any Act or Ordinance for the relief of persons imprisoned for Debt, or shall compound by deed with his Creditors, or shall be absent from the said Borough for six calendar months at one and the same time, such Mayor, Alderman, or Common Councillor, shall thereupon cease to be a Member of the Council.

52. In case of an extraordinary vacancy in the office of Mayor or Alderman, the Common Council shall, within ten days after such vacancy, meet for the purpose of choosing a successor for the remainder of the year, by an election to be conducted in manner hereinbefore mentioned; and the person so to be elected shall hold office until the time when the person in the room of whom he shall have been chosen would regularly have gone out of office, and he shall then himself go out of office.

IV.—POWERS OF THE CORPORATION.

53. The said Corporation shall be capable in law by the Common Council thereof, to do and to suffer all such acts as can be lawfully done or suffered by any Municipal Corporation in England by the Common Council thereof.

54. The said Council shall have power to make and keep in repair all Roads, Streets, Squares, Causeways, and Bridges, within the limits of the said Borough; to excavate, construct, and maintain Wells, Waterworks, Conduits, Sewers, and other like works, and to provide for the prevention of Fires, the prevention and abatement of Nuisances, the regulation of Markets, and the construction of Market Places, the watching, paving, lighting, and cleansing of the said Borough, and for all such purposes as they may deem necessary for the good order, health, and convenience, of the inhabitants of the said Borough.

55. It shall also be lawful for such Council to construct and maintain such Docks, Basins, Locks, Wharves, Quays, Piers, and Landing Places, as they may deem necessary for facilitating and encouraging the Trade and Commerce of the said Borough.

56. The said Common Council shall have power to make and ordain Bye-Laws for the good order and convenience of the Borough.

57. Such Bye-Laws may so be made for any of the several objects following, that is to say—

58. For the making or the maintenance of any Roads, or other internal communications from any one part of the Borough to any other part thereof.

59. For the erection and repair of Public Buildings for any Corporate purposes.

60. For the purchase or sale of any property for any Corporate purposes.

61. For the establishment and maintenance of a Police Force within such Borough, and for the proper government and remuneration of any such Police Force.

62. For the holding of Quarter Sessions or Petty Sessions of the Peace, of and for such Borough, by the Justices of the Peace thereof.

63. For the Suppression of all Nuisances within such Borough prejudicial to the health or comfort of the inhabitants thereof.

64. For Draining, Paving, Lighting, Watching, Repairing, Cleansing, and Maintaining any Streets, Roads, and other Thoroughfares within such Borough.

65. For Establishing and Maintaining Schools, Hospitals, and other Eleemosynary Institutions, within such Borough.

66. For Maintaining and Regulating Market Places, and for imposing Market Tolls and Dues, in cases where Markets shall be duly Proclaimed by or on behalf of Her Majesty.

67. For the Imposition, Collecting, Accounting for, and Auditing, of all such Rates and Assessments on Property, Real or Personal, or both, within such Borough, or upon the owners and occupiers of any such Property.

68. For securing the application of the proceeds of all such Tolls, Rates, and Assessments, to the discharge of all expenses of, and incident