AND

PARISH could not be elected to a municipal office, might be DISTRICT elected a parish or district councillor, guardian, or COUNCILS vestryman by reason of a residential qualification.

AND GUAR

DIANS.

A returning officer, who acts as such at an election, is Returning disqualified for being elected at that election: see ante, P. 16.

officer.

tions for.

SCHOOL BOARDS.

A school board are at their first meeting to appoint some person to be chairman, and one other person to be vice-chairman, for the three years for which the board hold office: 33 & 34 Vict. c. 75 (the Elementary Education Act, 1870), Schedule III., r. 2. Such meeting is to be held on the third Thursday after the election of the board, and the quorum is to consist of not less than three members: Ibid., r. 1. Except in London, the chairman and vice-chairman must be chosen from members of the board.

Qualifica- The Elementary Education Acts do not prescribe any qualification for being elected a member of a school board. Any person, therefore, unless disqualified, may be elected.

Disqualifications for.

The Elementary Education Act, 1870 (33 & 34 Vict. c. 75), does not enact any disqualifications for being elected, although Rule 12, Part I. of Schedule II., unless it refers to the causes which vacate a seat under Rule 14, indicates that the Legislature intended to enact certain disqualifications (o): see Reg. v. Turmine, 4 Q. B. D. 79.

It is doubted whether a member who vacates his seat under Rule 14 is disqualified for being re-elected, but if so, the disqualification continues only until the next

(0) These rules are as follows:

12. Any person who ceases to be a member of the school board shall, unless disqualified as hereinafter mentioned, be re-eligible.

14. If a member of the school board absents himself during six successive months from all meetings of the board, except from temporary illness or other cause to be approved by the board, or is punished with imprisonment for any crime, or is adjudged bankrupt, or enters into a composition or arrangement with his creditors, such person shall cease to be a member of the school board, and his office shall thereupon be vacant.

BOARDS.

triennial election: Reg. v. Turmine, supra; Bourke v. SCHOOL Nutt, [1894] 1 Q. B. 725; 42 W. R. 388. Compare the corresponding provisions relating to municipal and other elections, ante, pp. 17, 27.

Aliens (p) and minors are disqualified.

The latter Aliens and minors.

are expressly disqualified for election to a school board by Order VI. of the General Regulations of the 3rd October, 1873, made pursuant to the Elementary Education Act, 1870 (33 & 34 Vict. c. 75).

At common law, women are not entitled to be elected Women. to public offices: see Chorlton v. Lings, L. R., 4 C. P. 374; 38 L. J., C. P. 25; and the judgment of Lord Esher, M.R., in Beresford-Hope v. Lady Sandhurst, 23 Q. B. D. at pp. 95, 96; 58 L. J., Q. B. 316; unless, therefore, the statute creating a public office expressly enables women to be elected to such office they are ineligible. It has been suggested that the right to be elected to public offices has been conferred upon women by virtue of Lord Brougham's Act (13 & 14 Vict. c. 21), s. 4; but that Act and the present Act of 52 & 53 Vict. c. 63, were passed for the purpose of shortening the language used in Acts of Parliament, and not of conferring rights or privileges. It would seem therefore that women, although frequently elected without objection, are ineligible.

A person adjudged bankrupt is expressly disqualified Bankby section 32 of the Bankruptcy Act, 1883 (46 & 47 ruptcy Vict. c. 52), as amended by the Bankruptcy Act, 1890 (53 & 54 Vict. c. 71), s. 9; as to the removal of this disqualification, see ante, p. 14.

Section 32 is not retrospective, and the disqualification created by it does not affect a person made bankrupt before the passing of that Act: Bourke v. Nutt, supra.

Other disqualifications arise from the commission of Corrupt practices, corrupt and illegal practices, and of corruption in office :

&c.

(p) As to who are aliens, see ante, p. 22.

SCHOOL 47 & 48 Vict. c. 70, s. 36; 52 & 53 Vict. c. 69. As to BOARDS. these disqualifications, see ante, p. 10.

Convic

tion.

A conviction for treason or felony disqualifies for holding, inter alia, any civil office under the Crown or other public appointment: ante, p. 12. The latter words would probably be held to include the office of member of a school board. At common law, felons were ineligible for public offices.

Returning A returning officer, who acts as such at an election, is disqualified for being elected at that election: see ante,

officer.

P. 16.

MUNICIPAL AND COUNTY COUNCILS.

MUNICIPAL (a) and county council elections are treated of together, because a county council and its members are by section 2 of the Local Government Act, 1888 (51 & 52 Vict. c. 41), to be constituted and elected, and be in the like position in all respects as the council of a borough divided into wards, subject to certain provisions. And by section 75 the portions of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), which deal with the vacating of seats and of proceedings previous to the election, are, inter alia, incorporated and apply

(a) In the City of London the elections of mayors, sheriffs, aldermen, common councilmen, auditors, and other officers, are regulated by various charters, customs, and statutes: see Norton on the City of London. In case of a poll being demanded, the Ballot Act, 1872 (35 & 36 Vict. c. 33), applies as far as circumstances admit, and subject to certain modifications: see the City of London Ballot Act, 1887 (50 Vict. c. xiii.), post, p. 491. Part IV. of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50); and the whole of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), apply: see section 35 of the latter Act, and section 9 of 50 Vict. c. xiii., supra. As to what vacates the seats of aldermen and common councilmen, see section 9 of 12 & 13 Vict. c. xciv, post, p. 389.

COUNTY

COUNCILS.

MUNICIPAL as if re-enacted with such modifications as are necessary. AND The effect of these sections is that the elections of chairmen, county aldermen, and county councillors are subject substantially to the same provisions as those to which the elections of mayors, aldermen, and councillors are subject in municipal boroughs. In order to save needless repetition, express reference will only be made. to county councils, when the provisions applicable to them differ from those applicable to municipal councils. It must be understood, therefore, that the provisions expressed to be applicable to municipal elections apply also to county council elections, except where the contrary is stated. In applying such provisions to county council elections the necessary modifications and amendments must be made, e.g., "chairman" must be read for "mayor," except so far as relates to the election of county councillors, when "returning officer" must be read for " "mayor," ," "county aldermen " for "aldermen," county councillors" for "councillors ;' "clerk of the county council" must be read for "town clerk" as respects matters subsequent to the election, but as to other matters, see post, p. 37; "county" for "borough," "electoral division" for "ward," "county elector" for "burgess," "county register" for "burgess roll," "division register" for "ward roll," "county fund" for "borough fund," &c.: see sections 2 and 75, supra, and sections 2 and 7 of the County Electors Act, 1888 (51 Vict. c. 10).

Ordinary vacancies.

Vacancies are either ordinary or casual.

Ordinary vacancies occur when the various officers go out of office in due course, as the mayor (b) on the 9th of November annually (45 & 46 Vict. c. 50, ss. 15 and 61); half the aldermen (i.e., those who have been aldermen for the longest time without re-election) on the 9th of November in every third year (Ibid., ss. 14

(b) The outgoing mayor continues in office until his successor has accepted office and made and subscribed the required declaration: 45 & 46 Vict. c. 50, s. 15, sub-s. (3).