Returning officer. Candidates. Contested Elections. The proceedings at a contested election are governed by the provisions of the Ballot Act, 1872, as modified by the Municipal Corporations Act.1 The poll will commence at 8 A.M. and close at 8 P.M.2 Voters must be on the county register for the electoral division, and no voter may vote in more than one division.3 A voter may vote for as many candidates as there are vacancies. Where there is an equality of votes the returning officer or his deputy may give a casting vote.5 After the election the returning officer or his deputy will return the names of the persons elected to the clerk of the county council, or in the case of the first election to the clerk of the Metropolitan Board of Works." Where a person is elected councillor for more than one electoral division, he must choose the division for which he will serve. If he fails to do this within three days, the returning officer will decide the matter." Cost of Elections. 8 The costs of the returning officer at the first election are to be defrayed as expenses of the London Council, and the Metropolitan Board of Works are required to advance to him such sum not exceeding £10 per every 1000 electors as he may require.10 The provisional council may have the costs taxed." They will be governed by the scale of the Parliamentary Electors Returning Officers Acts.12 At subsequent elections the returning officer's costs will be defrayed by the London Council as general expenses, but the Parliamentary scale may be revised by the council,13 and the money advanced for the election will be advanced by the council on the same scale as at the first election. As the cost of the machinery of election will thus be paid by the London Council, candidates will only have to defray such personal costs as they choose to incur. The maximum sums that they are entitled to expend are governed by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884.14 The limit of expense in the election of a councillor as fixed by that Act is £25 where the electors are under 500 in number, and an additional sum of threepence for each elector over that number. Thus where the electorate is 8000 the maximum would be £118 15s. Od. Where there is a joint candidature of two persons the maximum is lessened by one-fourth for each candidate. 1 M. C. A., 1882, sec. 58, and Sched. III., Part III. 2 L. G. Á., sec. 75 (11). 3 M. C. A., 1882, sec. 51 (2). 5 Ibid., sec. 58 (5), and L. G. A., • L. G. A., sec. 75 (8). 7 M. C. A., 1882, sec. 68. 12 Ibid., sec. 75 (18). 14 47 & 48 Vict. c. 70. The Act provides for the punishment as "corrupt practices" of treating, undue influence, bribery, personation, etc. It also makes the payment for, and contracts for, conveyance of voters; for use of house, etc. for bills; for extra committee rooms and payments in excess of maximum, etc., "illegal practices." A candidate may have one committee room for each 2000 electors, with an extra room for an incomplete part of 2000. The employment of stage carriages and horses kept for hire is forbidden. The number of clerks and messengers permitted is one for each 1000 electors or incomplete part of a thousand, and they may be employed in either capacity. Each candidate is allowed one polling agent in each polling station. The names and addresses of printers must be on all placards and notices. Committee rooms cannot be held in public houses or refreshment houses. Claims against a candidate must be sent in within fourteen days after an election or they will be barred. Such claims must be paid within twenty-one days. 1 A duly vouched return of all his expenses must be sent by each candidate to the clerk of the council within twenty-eight days of the election. 1 L. G. A., sec. 75 (5). Meeting of First meeting of London Council. Quarterly meetings. CHAPTER III. PROCEEDINGS OF COUNCIL. Meetings. THERE are special provisions contained in the Local Government Act, 1888, as to the meetings, committees, and procedure of the council. Subject to these provisions, the meetings, committees, and procedure will be regulated by the Municipal Corporations Act, 1882.1 The London councillors are to be elected in January, 1889, on a day to be fixed by the returning officer, and not earlier than January 14.2 They will meet for the first time on the second Thursday after the day fixed for the election, and thenceforward from time to time until April 1, 1889 (or some other day to be appointed by the Local Government Board). They will during this intermediate period act as a provisional council for arranging to bring the Act into operation.3 They will after that date become the acting London Council. The meetings and duties of this provisional council are fully discussed in Chapter VI. The first meeting of the London Council as a fully-empowered executive authority will be held on the day on which the council comes into office. This day, unless altered by the Local Government Board, will be April 1, 1889.5 This meeting will be convened by the chairman of the provisional council. Future meetings of the council may be called by the chairman or deputy chairman at any time. 7 8 Five members of the council may also call a meeting in case the chairman or deputy chairman, after request, refuses or neglects so to do." There are four quarterly meetings of the council which must be held in every year.10 One of these four meetings must be held on November 7, at 12 o'clock noon.11 The dates and hours of the other three statutory meetings may be decided by the council. The meetings of the Metropolitan Board of Works are gene 1 L. G. A., sec. 2 (1), and sec. 75. 2 L. G. A., 103 (1). 3 Ibid., 105 (2). 4 L. G. A., sec. 107 (5). 5 Ibid., secs. 105 and 109. 6 Ibid., sec. 107 (5). 7 M. C. A., 1882, Sched. II., r. 3. L. G. A., sec. 88 (b). 9 M. C. A., 1882, Sched. II., r. 4. 10 Ibid., r. I. 11 Ibid., r. 2 ; L. G. A., sec. 75 (13). rally held at noon every Friday (except during vacation). The enormous amount of work to be transacted by the London Council will probably necessitate a weekly meeting, and standing orders may be made with respect thereto.1 The clerk of the council is required to summon every member Notice of of the council to its meetings. It will be necessary in the notices convening the meetings of the London Council to specify the business to be transacted thereat;2 and if any resolution is to be proposed for the payment of any sum (other than ordinary periodical payments) out of the county fund, or for incurring any liability exceeding £50, the notice must state it, and also state the object for which the money is to be paid or the liability incurred.3 The notice must be sent to each member at least three clear days before the meeting.* The business transacted at the meeting must (except as to certain elections) be limited to that set forth in the summons. The London Council will meet at such place as it may itself decide upon. The provisional council will be entitled to use the buildings of the Metropolitan Board of Works, and the ownership of these buildings will afterwards pass to the London Council. It may probably be necessary, however, for the council, both when acting provisionally and afterwards, to hire a building in which to meet. This they are empowered to do. The first meeting of the provisional council will be held at such place as the returning officer may fix. business. Place of meeting. The council may decide on any question before it by a majority of those who are present and who vote.10 The total number Quorum. present, whether voting or not," must be not less than one-fourth 12 of the whole number, i.e. thirty-five. The chairman of the meeting has a casting vote.' 14 13 At every meeting of the council the chairman, if present, must Chairman, preside. If he is absent, the deputy chairman will preside.15 If neither chairman nor deputy chairman are present, then such 11 It may here be mentioned that the county councillors elected for the city of London, may not act or vote in respect of any question arising before the council as regards matters involving expenditure on account of which the parishes in the city are not for the time being liable to be assessed equally with the rest of the administrative county: see L. G. A., sec. 41 (6). 12 L. G. A., sec. 75 (15). 13 M. C. A., 1882, Sched. II., r. II. 14 Ibid., r. 9. 15 L. G. A., sec. 88 (¿); M. C. A., 1882, Sched. II., r. 9. Minutes. Standing orders. Appointment. Functions. alderman as the council shall choose; and if neither chairman, deputy chairman, nor aldermen are present, then some councillor to be at the time selected.1 Minutes of the proceedings of every meeting of the council must be drawn up and entered in books kept for the purpose.2 They must be signed at the same or the next meeting by the then actual chairman of the meeting. These minutes must be open to the inspection of all county electors on payment of one shilling, and such electors may, if they think fit, make copies of or take extracts from them.* The London Council may from time to time make, vary, and revoke standing orders for the regulation of its proceedings and business.5 The power of making standing orders has been extensively availed of by corporations working under the Municipal Corporations Act. Standing orders for the London Council will probably be prepared by the council when acting provisionally. They may usefully include regulations as to the distribution of duties between the chairman and deputy chairman: the time and place of holding meetings of the council; the constitution, quorum, and proceeding of committees; order of debate; and other matters. The Local Government Act, 1888, provides that standing orders may also be made for regulating the exercise and discharge of such powers and duties transferred by the Act as have hitherto been subject to certain limitations. For example, applications for music and dancing licences have been hitherto made at the Michaelmas quarter sessions under the provisions of 25 Geo. 2, c. 36. The power to grant these licences is now transferred to the London Council, which will be enabled by standing orders to regulate the period at and the manner in which such applications may be made in future. Standing Joint Committee. The Local Government Act, 1888, provides for the appointment of a standing joint committee of the London Council and of the London quarter sessions. The number of this committee is to be settled by arrangement between the London Council and the court of quarter sessions, and, in default of arrangement, by a Secretary of State. The number of representatives on the committee of the council and the quarter sessions is to be equal. The functions of this standing joint committee are confined to matters which require to be determined jointly by the council |