(3.) The persons exempt under this section are

(a) Any person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of

body; and

(b) Any person who, being above the age of sixty-five years, or having within five years before the day of his election either served the office or paid the fine for non-acceptance thereof, claims exemption within five days after notice of his election.

(4.) A fine payable under this section shall be recoverable summarily.

35. A person elected to a corporate office shall not, until he Declaration on has made and subscribed before two members of the council, or the acceptance town clerk, a declaration as in the Eighth Schedule, act in the of office. office except in administering that declaration.

36.—(1.) A person elected to a corporate office may at any Fine on time, by writing signed by him and delivered to the town clerk, resignaresign the office, on payment of the fine provided for non-acceptance thereof.

(2.) In any such case the council shall forthwith declare the office to be vacant, and signify the same by notice in writing, 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.

(3.) No person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office by reason of his refusal on conscientious grounds to take any oath or make any declaration required by this Act or to take on himself the duties of the office.

tion, &c.

Ante,

p. 34.

37. A person ceasing to hold a corporate office shall, unless Re-eligi disqualified to hold the office, be re-eligible.

bility of office

38. The mayor and aldermen shall, during their respective holders. offices, continue to be members of the council, notwithstanding Mayor and anything in this Act as to councillors going out of office at the end of three years.

aldermen
to continue
members
of council.
Avoidance
of office

39.-(1.) If the mayor, or an alderman or councillor(a) Is declared bankrupt, or compounds by deed with his creditors, or makes an arrangement or composition with by bankhis creditors, under the Bankruptcy Act, 1869, by deed ruptcy (p) or absence. or otherwise; or Ante,

(b) Is (except in case of illness) continuously absent from the p. 34.

(p) See 46 & 47 Vict. c. 52, s. 32 (d), s. 34, and s. 149 (2), post.

32 & 33 Vict. c. 71.

Filling of casual vacancies. Ante, p. 36.

Ante, p. 33.

person acting in office.

borough, being mayor, for more than two months, or,

being alderman or councillor, for more than six months: he shall thereupon immediately become disqualified and shall cease to hold the office.

(2.) In any such event the council shall forthwith declare the office to be 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.

(3.) Where a person becomes so disqualified by being declared bankrupt, or compounding, or making an arrangement or composition, as aforesaid, the disqualification, as regards subsequent elections, shall, in case of bankruptcy, cease on his obtaining his order of discharge, and shall, in case of a compounding or composition as aforesaid, cease on payment of his debts in full, and shall, in case of an arrangement as aforesaid, cease on his obtaining his certificate of discharge.

(4.) Where a person becomes so disqualified by absence, he shall be liable to the same fine as for non-acceptance of office, recoverable summarily, but the disqualification shall, as regards subsequent elections, cease on his return.

40.-(1.) On a casual vacancy in a corporate office, an election shall be held by the same persons and in the same manner as an election to fill an ordinary vacancy; and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office.

(2.) In case of more than one casual vacancy in the office of councillor being filled at the same election, the councillor elected by the smallest number of votes shall be deemed to be elected in the place of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of votes shall be deemed to be elected in the place of him who would regularly have next gone out of office, and so with respect to the others; and if there has not been a contested election, or if any doubt arises the order of rotation shall be determined by the council.

(3.) Non-acceptance of office by a person elected creates a casual vacancy.

Penalty on 41.—(1.) If any person acts in a corporate office without having unqualified made the declaration by this Act required, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, he shall for each offence be liable to a fine not exceeding fifty pounds, recoverable by action.

(2.) A person being in fact enrolled in the burgess roll shall not be liable to a fine for acting in a corporate office on the ground only that he was not entitled to be enrolled therein.

notwith

42.-(1.) The acts and proceedings of a person in possession of Validity of a corporate office, and acting therein, shall, notwithstanding his acts done disqualification or want of qualification, be as valid and effectual standing as if he had been qualified.

(2.) An election of a person to a corporate office shall not be liable to be questioned by reason of a defect in the title, or want of title of the person before whom the election was had, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election.

(3.) A burgess roll shall not be liable to be questioned by reason of a defect in the title, or want of title, of the mayor or any revising authority by whom it is revised, if he was then in actual possession and exercise of the office of mayor or revising authority.

disqualification, &c.

43. If there is no town clerk, and no deputy town clerk, or Duties of there is no treasurer, or the town clerk, deputy town clerk, or town clerk, treasurer (as the case may be) is incapable of acting, all acts by and treadeputy, law authorized or required to be done by or with respect to the surer town clerk or the treasurer (as the case may be) may, subject to during the provisions of any other Act, be done by or with respect to a person appointed in that behalf by the mayor.

PART III.

PREPARATIONS FOR AND PROCEDURE AT ELECTIONS.

Election of Councillors.

45.-(6.) A burgess shall not be enrolled in more than one ward roll.

vacancy or incapacity.

50.-(1.) Where a borough has no wards, there shall be one Borough election of councillors for the whole borough.

(2.) Where a borough has wards, there shall be a separate election of councillors for each ward.

and ward elections.

vote.

Ante,

pp. 89, 100.

51.—(1.) At an election of councillors a person shall be entitled Title to to subscribe a nomination paper, and to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll, or, in the case of a ward election, the ward roll, and not otherwise. (2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward.

(3.) Nothing in this section shall entitle any person to do any act therein mentioned who is prohibited by law from doing it, or

Day of election.

Returning officer at election. Ante, p. 40.

Notice of election. Ante, p. 39.

Nomination of candidates. Ante,

p. 88.

relieve him from any penalty to which he may be liable for doing it.

52. The ordinary day of election of councillors shall be the first of November.

53.—(1.) At an election of councillors for a whole borough the returning officer shall be the mayor.

(2.) At an election for a ward the returning officer shall be an alderman assigned for that purpose by the council at the meeting of the ninth of November.

54. Nine days at least before the day for the election of a councillor, the town clerk shall prepare and sign a notice thereof, 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.

55. The nomination of candidates for the office of councillor shall be conducted in accordance with the rules in Part II. of the Third Schedule.

56.-(1.) If the number of valid nominations exceeds that of Relation of the vacancies, the councillors shall be elected from among the

nomina

tion to election. Ante,

P. 95.

Publication of

uncon

tested election.

Mode of conducting poll at contested election.

persons nominated.

(2.) If the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected.

(3.) If the number of valid nominations is less than that of the vacancies, the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number. (4.) If there is no valid nomination, the retiring councillors shall be deemed to be re-elected.

57. If an election of councillors is not contested, the returning officer shall publish a list of the persons elected not later than eleven o'clock in the morning on the day of election.

58.-(1.) If an election of councillors is contested, the poll shall, as far as circumstances admit, be conducted as the poll at a contested parliamentary election is by the Ballot Act, 1872, directed to be conducted, and, subject to the modifications expressed in Part III. of the Third Schedule, and to the other provisions of this Vict. c. 33. Act, the provisions of the Ballot Act, 1872, relating to a poll at a parliamentary election (including the provisions relating to the duties of the returning officer after the close of the poll), shall apply to a poll at an election of councillors.

35 & 36

Ante,

p. 96.

Ante, p. 101.

(2.) Every person entitled to vote may vote for any number of candidates not exceeding the number of vacancies.

(3.) The poll shall commence at nine o'clock in the forenoon Ante, and close at four o'clock in the afternoon of the same day (q).

p. 99.

p. 100.

(4.) But if one hour elapses during which no vote is tendered, Ante, and the returning officer has not received notice that any person has within that hour been prevented from coming to the poll by any riot, violence, or other unlawful means, the returning officer may, if he thinks fit, close the poll at any time before four o'clock.

(5.) Where an equality of votes is found to exist between any Ante, candidates, and the addition of a vote would entitle any of those P. 181. candidates to be declared elected, the returning officer, whether entitled or not to vote in the first instance, may give such additional vote by word of mouth or in writing.

(6.) Nothing in the Ballot Act, 1872, as applied by this Act, Ante, shall be deemed to authorize the appointment of any agents of a P. 47. candidate at a municipal election; but if, in the case of a municipal election, an agent of a candidate is appointed, and notice in writing of the appointment is given to the returning officer, one clear day before the polling day, then the provisions of the Ballot Act, 1872, with respect to agents of candidates, shall, as far as regards that agent, apply in the case of that election.

59.-(1.) At an election of councillors, the presiding officer Questions which may shall, if required by two burgesses, or by a candidate or his agent, be put to put to any person offering to vote, at the time of his presenting voters. himself to vote, but not afterwards, the following questions or Ante, either of them:

(a) Are you the person enrolled in the burgess [or ward] roll now in force for this borough [or ward] as follows [read the whole entry from the roll]?

(b) Have you already voted at the present election [add, in case of an election for several wards, in this or any other ward]? (2.) The vote of a person required to answer either of these questions shall not be received until he has answered it.

(3.) If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanour.

(4.) Save as by this Act authorized, no inquiry shall be permitted at an election as to the right of any person to vote.

Election of Aldermen.

P. 104.

60.-(1.) The ordinary day of election of aldermen shall be the Time and ninth of November, and the election shall be held at the quarterly meeting of the council.

mode of election of aldermen.

(2.) The election shall be held immediately after the election of Ante, the mayor, or, if there is a sheriff, the appointment of the sheriff. p. 85.

(9) Now eight a.m. to eight p.m.: 48 Vict. c. 10, s. 1.