AND COUNCILS. and 60); one third of the councillors (i.e., those who MUNICIPAL have been longest in office without re-election) on the COUNTY 1st of November annually (Ibid., ss. 13 and 52); auditors on the 1st of March annually (Ibid., ss. 25 and 62). Where the mayor is one of the councillors who go out of office on the 1st of November, he causes a vacancy in the number of councillors: Rex v. Owens, 2 E. & B. 86; 28 L. J., Q. B. 216. The chairman of a county council and the county aldermen are to be elected on the 16th day of March, or such other day within ten days after the ordinary day of retirement of county councillors as the county council may from time to time fix: 54 & 55 Vict. c. 68, s. 1 (3). The ordinary day of retirement of county councillors is the 8th day of March in every third year, and on that day the county councillors then in office retire together: Ibid., s. 1 (2). The provisions of 45 & 46 Vict. c. 50, as to the election of an auditor, do not apply to county councils: 51 & 52 Vict. c. 41, s. 75 (16)(b). Their accounts are audited by the district auditor appointed by the Local Government Board: Ibid.,s. 71 (3). Casual vacancies occur by: Death. Non-acceptance of office: 45 & 46 Vict. c. 50, s. 40(3). Acceptance of office is by making a declaration within five days after notice of election: Ibid., s. 34. As regards county councils, three months is now allowed within which to make this declaration: see 54 & 55 Vict. c. 68, s. 5, amending 51 & 52 Vict. c. 41, s. 75 (14). Resignation on payment of fine: 45 & 46 Vict. c. 50, s. 36. In Reg. v. Corporation of Wigan, 14 Q. B. D. 908; 54 L. J., Q. B. 388, it was held that resignation is completed by the delivery of the required notice of resignation and payment of the fine, and could not be withdrawn even with the assent of the corporation. The giving of a cheque, which was not cashed at the time of the withdrawal, seems to have Casual vacancies. MUNICIPAL been considered equivalent to payment. A person who by reason of having compounded with his creditors has ceased to hold office cannot resign: ante, p. 15. As to the notice to be given by the council, see infra. Continuous absence, except in cases of illness, of a mayor for more than two months, and of an alderman or councillor for more than six months: 45 & 46 Vict. c. 50, s. 39. As regards county councils, a chairman or deputy chairman is not disqualified as such by absence, and twelve months are substituted for six months in the cases of county aldermen and councillors: 51 & 52 Vict. c. 41, s. 75 (14), and (16) (c). As to the notice to be given by the council, see infra. Bankruptcy or arrangement or composition with creditors: 45 & 46 Vict. c. 50, s. 39; 46 & 47 Vict. c. 52, s. 34; see ante, p. 13. In the event of resignation, absence, or bankruptcy, the council shall forthwith declare the office vacant, and signify the same by notice signed by three members of the council, and countersigned by the town clerk, and fixed on the town hall, and the office shall thereupon become vacant: 45 & 46 Vict. c. 50, ss. 36 and 39. Until such notice is given the office is not vacant: Reg. v. Welchpool, 35 L. T., N. S. 594; Hardwick v. Brown, L. R., 8 C. P. 406; 28 L. T., N. S. 502; and (decided under a former Act), Reg. v. Mayor, &c. of Leeds, 7 A. & E. 963. In the case of a person adjudged bankrupt, there would seem to be no necessity for giving such notice, because section 34, supra, provides that if a person is adjudged bankrupt while holding the office of mayor, alderman, or councillor, his office shall thereupon become vacant. No election can be held until the office is AND declared vacant; in case the council refuse to MUNICIPAL make the declaration, a mandamus could be COUNTY obtained. As to granting an injunction to prevent the Conviction for treason or felony: 33 & 34 Vict. Judgment of Election Court declaring election void on petition under 45 & 46 Vict. c. 50, or 47 & Judgment of High Court upon a quo warranto infor- after election disqualified, the question of his At common law a corporation had the power to remove a member for misconduct. It is doubtful whether municipal corporations have this power, because the statutes, which now regulate their proceedings and prescribe the disqualifications and grounds for vacating office, make no such provision. In the older cases habitual drunkenness was held to be a sufficient ground (c) See post, p. 206. To obtain this writ it is not necessary that the holder of a corporate office should have exercised the office; his election, acceptance and admission is enough, per Wright, J., in Reg. v. Tidy, [1892] 2 Q. B. 179; 61 L. J., Q. B. 791; 67 L. T., N. S. 319; 41 W. R. 128. The Court have a discretion as to granting it. But there is no power to grant it after the expiration of twelve months from the occurring of the disqualification, see 45 & 46 Vict. c. 50, s. 225. As instances, see Reg. v. Blizard, L. R., 2 Q. B. 55; 36 L. J., Q. B. 18; Ex parte Birkbeck, L. R., 9 Q. B. 256; Ex parte Richards, 3 Q. B. D. 368. COUNCILS. AND COUNCILS. MUNICIPAL for removal, but in a recent case of slander (Alexander COUNTY v. Jenkins, [1892] 1 Q. B. 797; 61 L. J., Q. B. 634; 66 L. T., N. S. 391; 40 W. R. 546) it was assumed that this would not be a sufficient ground. If the power still remains of removing a member, the person charged must have notice to appear stating the charge, and an opportunity of being heard. Filling of vacancies. An alderman upon being elected a councillor vacates his seat as alderman. Reg. v. Mayor of Bangor, 18 Q. B. D. 349; 56 L. J., Q. B. 326, C. A.; affirmed in H. L. on another ground, 13 App. Cas. 241; 57 L. J., Q. B. 313. On a casual vacancy in a corporate office the election is to be held within fourteen days after notice in writing of the vacancy has been given to the mayor or town clerk by two burgesses, and is to be conducted in the same manner as an election to fill an ordinary vacancy: 45 & 46 Vict. c. 50, ss. 40 and 66. Except where the office vacant is that of mayor, the day of election is to be fixed by the mayor. Upon a vacancy in the office of mayor, the notice of election is to be signed by the town clerk: Ibid., s. 66 (2) and (3). Presumably he also fixes the day of election in such a case. No election of a county councillor is to be held where the casual vacancy occurs within six months before the ordinary day of retirement of county councillors: 54 & 55 Vict. c. 68, s. 1. If an election is held at the same time to fill a casual and an ordinary vacancy, a distinction must be made between the two; otherwise there is no means of knowing which candidate is elected to fill the casual vacancy, and this is of importance, because he would only remain in office for the term for which his predecessor was elected: R. v. Rippon, 1 Q. B. D. 217. This reason does not apply to county council elections, inasmuch as the councillors retire together at the end of three years. As to the days fixed by statute for filling up ordinary vacancies, see post, p. 87. AND COUNCILS. election. If the council neglect to elect, they may be compelled MUNICIPAL by mandamus: Reg. v. Pembroke, 8 D. P. C. 302; Reg. COUNTY v. Mayor of Stratford-on-Avon, 2 Times Law Rep. 431. Nine days at least before the day for the election of a Notice of councillor, the town clerk is to prepare and sign a notice thereof (as to form of notice, see post, p. 449), and publish it by fixing it on the town hall, and in the case of a ward election, in some conspicuous place in the ward: 45 & 46 Vict. c. 50, s. 54. The same notice is required whether the vacancy to be filled is ordinary or casual: Ibid. and s. 40. See further as to the notice at county council elections 38 & 39 Vict. c. 84, s. 7, and Schedule 2 and 51 & 52 Vict. c. 41, s. 75 (19). As to the computation of time, see section 230. Section 75 (5) of the Local Government Act, 1888 (51 & 52 Vict. c. 41), provides that a reference to the town clerk in the Municipal Corporations Act, 1882, or in any other enactment applied by that section to county councils, shall, so far as respects the election of a county councillor, be construed to refer to the returning officer or his deputy. But section 3 of 54 & 55 Vict. c. 68, provides that nothing in section 75 of the Local Government Act, 1888, substituting the returning officer or his deputy for the town clerk, shall extend to any election of county councillors for an electoral division which is co-extensive with or wholly comprised in a municipal borough. The effect of these sections is that in electoral divisions co-extensive with or wholly comprised in a municipal borough, the town clerk of the borough will perform the same duties in regard to the election of county councillors as he is required to perform in connection with the election of town councillors. In other electoral divisions the returning officer or his deputy will perform the same. A similar notice is required to be published at least nine days before the election of an elective auditor: 45 & 46 Vict. c. 50, s. 62, sub.-s. (6). This provision does not apply to county councils. Section 75 (16) (b) of 51 & 52 Vict. c. 41, and ante, p. 3. |