With respect to the right of women to be elected councillors no legal decision directly in point has been given. Under sect. 63 of the Municipal Corporations Act, 1882, it is provided that "for all purposes connected with and having reference to the right to vote" at municipal elections, words importing the masculine gender include women. By sect. 11, sub-sect. 3 of the same Act it is provided that "every person shall be qualified to be elected and to be a councillor who is at the time of election qualified to elect to the office of councillor." The object of this latter provision, which is taken from an earlier Act of Parliament,' was to "abolish the property qualification" for councillors. It was not in any way at the time intended to affect the rights of women, but being re-enacted in the Municipal Corporations Act without any limitation a question for argument arises whether the qualification to elect and the right to vote are not practically synonymous. In a recent case the judges, when deciding 2 another point, expressed the opinion that the original object of the provision as to the qualification to elect must be still regarded, and that as sect. 63 was expressly limited to purposes connected with the right to vote, it could not be extended by a general clause as to qualification to elect, the two things being in the opinion of the judges different. A councillor vacates his office upon bankruptcy, composition with creditors, &c.3 London councillors will be elected for three years, and then all will retire together. They will be eligible for re-election.5 The council elected in January, 1889, retire from office on 2nd November, 1891. The ordinary day of election is 1st November, but in 1891 this falls on a Sunday, so the following day is substituted. Under the Municipal Corporations Act, one-third of the councillors retire every year, but the rule is now modified as to county councils. Any vacancies created by the election of aldermen from the Casual first or any subsequent London Council, will be filled up by the vacancies. election of other councillors in the ordinary manner. And so with respect to any vacancies arising from the death, resignation, or disqualification of any councillor." On such vacancy the election must be held within fourteen days after notice in writing given to the returning officer or his deputy by two county electors.8 But it is to be observed that where a casual vacancy in the office of councillor arises within six months of the ordinary triennial election, such vacancy must not be filled up." Where an election is held on a casual vacancy in the office of 1 43 Vict. c. 17. 2 Flintham v. Roxburgh, L. R. 17 Q. B. D. 44. 3 M. C. A., 1882, sec. 39. 4 L. G. A., 2 (2) (d). 5 M. C. A., sec. 37. 6 L. G. A., sec. 104 (1); M. C. A., secs. 52 and 230. 7 M. C. A., 1882, sec. 40. 8 Ibid., sec. 66 (1) modified by L. G. A., sec. 75 (4 and 5). 9 L. G. A., sec. 75 (16) (d). Declaration of office. Fines on ance. councillor, it must be held in the same manner as an ordinary election, and the person elected will hold office for the same length of time as the councillor in whose place he is elected.2 As to Chairman, Aldermen, and Councillors generally. A qualified person who has consented to be nominated to the post of chairman, alderman, or councillor, is required to make the requisite declaration accepting the office within ten days of receiving notice of such election.3 If he refuses or neglects to do so he may be fined by the non-accept- London Council any sum not exceeding £100 in the case of the chairman, and £50 in the case of an alderman or councillor. The amount of the fines may be fixed by bye-laws. If there is no bye-law, then the person refusing the office of chairman must be fined £50, and the persons refusing the office of alderman or councillor must be fined £25. But provincial corporations have in many cases made bye-laws reducing the fines to a nominal amount. Under the present Act, persons nominated without their consent cannot be fined.* Acting when disqualified. Resignation of office. Persons acting as chairmen, aldermen, or councillors,- (b) Without being qualified at the time of making the declaration; or, (c) After ceasing to be qualified and whilst disqualified; are liable to a fine not exceeding £50; recoverable by action.3 Where, however, the person is on the county register, the penalty will not attach unless there is some other reason except that he is not entitled to be registered. Such disqualifications as are above-mentioned do not invalidate the municipal acts of the disqualified person." The chairman or any alderman or councillor may at any time resign his office by notice in writing signed by him and given to the clerk of the county council. Under the provisions of the Municipal Corporations Act, the person so resigning must pay such fine as is provided for nonacceptance of office. But in practice, many corporations have by bye-law made this a fine of a very small amount. It has been found that persons elected do not refuse to take office, and when they resign it a fine of a shilling is sufficient. In the case of resignation of either chairman, alderman, or councillor, the council must declare the office vacant,' and give notice of such vacancy whereupon it becomes vacant. 1 As to this see Chapter II., 2 M. C. A., 1882, sec. 40 (1). 4 L. G. A., sec. 75 (16) (c), modifying the M. C. A., 1882. 5 M. Č. A., 1882, sec. 41 (1). 6 Ibid., sec. 41 (2). 7 Ibid., sec. 42 (1). 8 M. C. A., 1882, sec. 36 (1). 9 M. C. A., 1882, sec. 36 (2). (9) CHAPTER II. ELECTION OF COUNCILLORS. Electoral Divisions. UNDER the Local Government Act, every borough and Parliamentary Division of a borough is constituted an electoral division. There are thus fifty-eight electoral divisions in London,' each of which is entitled to elect two councillors, except the city of London, which may elect four. Electors. The persons entitled to vote in the election of county council- Qualification. lors are the persons registered as county electors under the County Electors Act, 1888.2 No person is entitled to be registered as a county elector, unless he is entitled to be registered as a parliamentary voter in respect of a ten pounds' occupation qualification within the meaning of the provisions of the Registration Act, 1885, or is qualified as follows: (a) Is of full age; and : (b) Is on the fifteenth of July in any year, and has been during the whole of the then last preceding twelve months, in occupation, joint or several, of any house, warehouse, counting-house, shop, or other building in the county; and (c) Has during the whole of those twelve months (except during a period not exceeding four months during which he has let his house as a furnished dwelling house) resided in the county or within fifteen miles thereof; and (d) He or some one else has been rated in respect of the qualifying property to all poor rates made during those twelve months for the parish in which the property is situate; and (e) Has on or before the 20th July paid all such rates including the county rate as have become payable by him in respect of the qualifying property up to the then last preceding 5th of January. 1 See Table of these divisions, County Electors Act, post. Appendix II., Table I. 2 L. G. A., sec. 2 (4), and see 3 County Electors Act, sec. 3, post. 4 M. C. A., 1882, sec. 9. Date. Notice. Returning officer. Nomination. A county elector may be a man or a woman,' but must not be an alien or subject to any legal incapacity, and must not at any time within twelve months next before the 15th of July have received any parochial relief; but where a person has received for himself or for any member of his family, any medical or surgical assistance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered. First Election. The first election of councillors will take place in January, 1889, on such day not earlier than the 14th of that month as the returning officer may fix, and notice of the day so fixed is to be published in the preceding month of December. The councillors elected at the first election will hold office till the 2nd of November, 1891. If a person is elected for more than one electoral division at the first election, his choice as to the division for which he will serve must be made in writing to the returning officer, and if not so made, the division for which he must serve will be decided by the returning officer. Casual vacancies arising at the first election are to be filled in the same manner as other casual vacancies." Elections Generally. The second ordinary election of London councillors will take place on November 2, 1891, being the third year after the passing of the Local Government Act. The third ordinary election will be on November 1, 1894, and so on at intervals of three years. All the elections in the fifty-eight electoral divisions of London will take place on the same day. 8 Notice of an election must be given by the returning officer or his deputy nine clear days before the day of election. This will ordinarily be on October 22, but where November 1 falls on a Sunday it will be October 23. The returning officer at the first election in London is nominated by the Local Government Board. At subsequent elections he will be appointed by the London Council.10 He may appoint a deputy." Nomination papers will be supplied by the returning officer or 1 M. C. A., 1882, sec. 63. 2 M. C. A., 1882, sec. 9 (3), and notes thereto, post. 3 L. G. A., sec. 103 (1). 4 L. G. A., sec. 104 (1). 5 Ibid., sec. 107 (1). 7 L. G. A., sec. 104 (1). The ordinary day would be November 1st: M. C. A., sec. 52; but as this falls on Sunday, the next day will be taken: M. C. A., sec. 230. 8 M. C. A., sec. 54, as modified by L. G. A., sec. 75 (5). 10 Ibid., sec. 75 (2). L. G. A., sec. 103 (7) Ibid., sec. 75 (3). his deputy. Any elector on the county register for the electoral division may demand and receive as many papers as he requires. Each candidate must be nominated by a separate nomination paper, and such paper must state his surname, and other names, and his abode and description; such paper must be subscribed by two county electors of the electoral division for which he is nominated as proposer and seconder. After the proposer and seconder have signed, the paper must be signed by eight county electors of the division as assentors to the nomination.2 Where an elector is on the county register for more than one electoral division, he will only be able to subscribe a nomination paper or to vote in one of such divisions.3 The nomination paper when filled up must be delivered by the candidate or his proposer or seconder at a place to be fixed by the returning officer. Such delivery of the nomination papers must be made at least seven clear days before the day of election, and if made on the last available day must be before five o'clock in the afternoon.4 The returning officer must send notice of every nomination to every candidate. He will on the day after the last day for delivering nomination papers attend at some place fixed by him," and decide on the validity of any objections to the nomination papers. Each candidate may by writing delivered to the returning officer or his deputy before five o'clock in the afternoon of the last day for the delivery of nomination papers, appoint a representative to attend the proceedings. The decision of the returning officer or his deputy must be given in writing, and if disallowing an objection will be final. The returning officer or his deputy must then, not less than four or more than six days before the election, cause the names of all persons validly nominated with their respective abodes and descriptions, and the names of the persons subscribing their nomination papers as proposers and seconders, to be printed and fixed in some conspicuous place in the electoral division." Where a person nominated is abroad his written consent duly witnessed must be produced. Provisions are contained in the Act as to the withdrawal of candidates, and as to cases where there are no nominations, and where the nominations are less than the number of vacancies. Where the nominations are equal to the number of vacancies the persons nominated are deemed to be elected. Where the number of persons nominated exceeds the number of vacancies, the councillors are elected from amongst those nominated." 1 M. C. A., 1882, Sched. III., Part II., r. 6. 2 M. C. A., 1882, Sched. III., Part II., r. 2. 3 Ibid., sec. 51 (2). 4 M. C. A., 1882, Sched. III., Part II., r. 7. 5 L. G. A., sec. 75 (7). 6 M. C. A., 1882, Sched. III., Part II., r. 14. 7 Ibid. r. 15. 8 M. C. A., 1882, Sched. III., Part II., r. 17. 9 M. C. A., sec. 56. |