AND MUNICIPAL or his partner, received any profit or remuneration in COUNTY respect of such appointment: 54 & 55 Vict. c. 68, s. 6. COUNCILS. In other words, he is in the same position as a mayor, and if he acts as a returning officer he is ineligible for election: see post, p. 16. Interest in contracts with council. A coroner for a county is disqualified for being elected to the office of a county councillor or county alderman for the county of which he is coroner: 51 & 52 Vict. c. 41, s. 5 (7). A person is disqualified who has, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council: 45 & 46 Vict. c. 50, s. 12 (1) (c). A contract with a corporation, though not under seal, will disqualify: R. v. Francis, 18 Q. B. 526; 21 L. J., Q. B. 304. The following cases are useful as showing what is an interest in a contract : Where a town council contracted with a person to execute certain works, and he bought of the defendantan alderman-iron to carry out the contract, it was held that the defendant was not interested, so as to be liable for penalties under 5 & 6 Will. 4, c. 76, ss. 28 and 53 : Le Feuvre v. Lankester, 3 E. & B. 530; 23 L. J., Q. B. 254; but see Tomkins v. Jolliffe, 51 J. P. 247; and Nutton v. Wilson, 22 Q. B. D. 744; 58 L. J., Q. B. 443; post, p. 25. Where the defendant, an alderman, had sold candles on several occasions to the town council, and had been paid for them, held that he was liable for penalties under the last mentioned statute: Lewis v. Carr, 1 Ex. D. 484; 46 L. J., Ex. 314. In that case Bramwell, B., said: "I think if a shilling's worth of stationery were bought of an alderman there would be a contract between the corporation and that alderman." Under 3 Geo. 4, c. 126, s. 65, a trustee of a turnpike road, who let his horses and carts for payment to a contractor with the trustees for work upon the road, was held liable for penalties: Towsey v. White, 5 B. & C. AND COUNTY 125. And under 55 Geo. 3, c. 137, s. 6, a guardian, MUNICIPAL who sold provisions to the master of the workhouse, was held liable for penalties: West v. Andrews, 5 B. & COUNCILS. Ald. 328. But a defendant who, before he became a commissioner under a local Act, had entered into a contract with the commissioners for the sale of land, was held not liable: Woolley v. Kay, 25 L. J., Ex. 351; 1 H. & N. 307. But section 54 of 18 & 19 Vict. c. 120, has been held to apply to contracts made before as well as after election: Hunnings v. Williamson, 11 Q B. D. 533; 52 L. J., Q. B. 416. In that case the defendant was held to be interested in a contract because he had before election taken an assignment by way of security for moneys lent for a contract between his brother and a vestry. Under a local Act a commissioner was held liable for supplying lime on four occasions: Nicholson v. Fields, 31 L. J., Ex. 233; 7 H. & N. 810. In that case, Martin, B., doubted whether the mere going to a shop and buying over the counter was a contract. The case of Nell v. Longbottom, (1894) 1 Q. B. 767; 63 L. J., Q. B. 490; 70 L. T., N. S. 499, was a decision upon section 12, supra. There a person, who had been appointed chemist to the town council, subsequently was elected to the council. Money was then due to him, and afterwards four pennyworth of oil was sold by his assistant to the council; he was held to be disqualified, and a vote given by him in the election of the mayor was accordingly, on petition, struck off. For cases decided upon the Public Health Act, 1875, and the Elementary Education Act, 1870, see post, Pp. 25, 78. It has been held, in an action for penalties under 5 & 6 Will. 4, c. 76, ss. 28, 53, that the disqualification applies only during the continuance of the contract; so that by becoming interested in a contract an alderman or councillor does not cease to be qualified, or become disqualified, so as to incur penalties for acting after the termination of the contract: Lewis v. Carr, 1 Ex. D. 484; 46 L. J., Ex. 314. MUNICIPAL COUNTY The assignment of a contract before election, but without the privity of the corporation, does not remove COUNCILS. the disqualification: R. v. Franklin, 6 Ir. R., C. L. 239; Cox v. Ambrose, 60 L. J., Q. B. 114. Exceptions. Corrupt practices But a person is not disqualified or deemed to have a share or interest in such a contract or employment by reason of his having any share or interest in any lease, sale, or purchase of land, or any agreement for the same, or in any agreement for the loan of money or any security for the payment of money; or by reason of his having any share or interest in any newspaper in which any advertisement relating to the affairs of the borough or council is inserted, or in any company which contracts with the council for lighting, or supplying with water, or insuring against fire, any part of the borough, or in any railway company, or any company incorporated by Act of Parliament or Royal Charter, or under the Companies Act, 1862: 45 & 46 Vict. c. 50, s. 12 (2). It has been held that a letting for one day is a lease within the meaning of this exception: Nell v. Longbottom, (1894) 1 Q. B. 767; 63 L. J., Q. B. 490; 70 L. T., N. S. 499. The Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 57, provides that certain payments made to medical practitioners shall not disqualify them for serving as members of the county council or in any other public office. No person is disqualified for being a member of a county council by reason of having any share or interest in any contract with such county council for the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges, provided that such share or interest does not exceed 507. in any one year: 54 & 55 Vict. c. 63, s. 5. A person who is convicted or reported guilty of a corrupt practice at a parliamentary election is incapaciliamentary tated during seven years from holding any public at par election. AND office: 46 & 47 Vict. c. 51, ss. 4, 6 (3) and 38 (5). MUNICIPAL "Public office," as defined by section 64 of this Act, COUNTY includes a municipal office. COUNCILS. tion. A person who commits any corrupt practice at a At municimunicipal election is, by section 2, sub-section 2, of pal elec47 & 48 Vict. c. 70, subject, on conviction, to the like incapacities as if the corrupt practice had been committed at a parliamentary election, and is therefore incapacitated during seven years from holding any public office (k). municipal Where it is found by the report of an Election Court By candithat a corrupt practice, other than treating and undue dates at influence, has been committed by, or with the knowledge election. and consent of, a candidate at a municipal election, or that the offence of treating or undue inflence has been committed by the candidate, he is to be incapable of ever holding a corporate office in the borough where the offence was committed, and for seven years elsewhere: 47 & 48 Vict. c. 70, s. 3 (1). As to what is a "corporate office," see 45 & 46 Vict. c. 50, s. 7. Where a candidate at a municipal election is reported by an Election Court as having been guilty, by his agents, of any corrupt practice, he is incapacitated from being elected to or holding any corporate office in the borough where the offence was committed during three years from the date of the report: 47 & 48 Vict. c. 70, s. 3 (2). elections. Corrupt and illegal practices at elections to the offices Corrupt and illegal of member of parish council, district council, and of practices at improvement commissioners, guardian, and member of other school board, subject the persons guilty thereof to the same incapacities as if the offences had been committed at a municipal election : 47 & 48 Vict. c. 70, s. 36; 56 & 57 Vict. c. 73, s. 48 (3). A person convicted or reported guilty of an illegal Illegal practice is for five years incapable of being registered practices as an elector, or of voting at any election for a public liamentary (A) This Act is expressly applied to elections in the City of London: 47 & 48 Vict. c. 70, s. 35. at par elections. AND COUNTY COUNCILS. "Public Such a MUNICIPAL office: 46 & 47 Vict. c. 51, ss. 10 and 38 (5). office" includes municipal office: Ibid., s. 64. person is therefore not qualified to be elected during that period, because either he is not enrolled as a burgess, or, if enrolled, is not entitled to be so enrolled: see ante, p. 4. Illegal practices pal elections. Illegal practices by candi date at municipal election. Illegal payment, &c., by A person convicted of an illegal practice at a municipal election is subject to the same incapacities as a person convicted of the same offence at a parliamentary election 47 & 48 Vict. c. 70, s. 7. Where a candidate at a municipal election is reported by the Election Court to have been guilty by himself or his agent of an illegal practice, he is incapacitated from being elected to or holding any corporate office in the borough during the period for which he was elected to serve, or for which, if elected, he might have served, and if he was elected his election is to be void: Ibid., s. 8 (2). And where an offence of illegal payment, employment, or hiring is committed by a candidate at a municandidate. cipal election, or with his knowledge and consent, such candidate is guilty of an illegal practice, and is therefore subject to the last-mentioned incapacities on being reported as guilty: Ibid., s. 17 (2). Extensive illegal practices, &c. Removal of incapacity. Where illegal practices, or offences of illegal payment, employment, or hiring, have so extensively prevailed at a municipal election that they may be reasonably supposed to have affected the result, the election of the candidate in whose behalf such practices or offences were committed (if he has been elected) is to be void, and he is not, during the period for which he was, or might have been, elected to serve, to be capable of being elected to or holding any corporate office: Ibid., s. 18. As to the removal of incapacities procured by perjury, see post, p. 453; and as to relief accorded to candidates and others from incapacities, see Relief," post, p. 258. All persons convicted of treason or felony after July 4, of treason 1870, and sentenced to death, penal servitude, or any or felony. term of imprisonment with hard labour, or exceeding Conviction |