District may

be divided into wards with sanction of secretary of state.

upon an annual value (e) of not less than fifteen pounds in districts containing less than twenty thousand inhabitants, or on an annual value of not less than thirty pounds in districts containing twenty thousand or more inhabitants;

Provided that if two or more persons be jointly seised or possessed of real or personal estate, or both, of such value or amount as would, if equally divided between them, qualify each to be elected,

Or if two or more persons be jointly rated in respect of any property which, if equally divided between them, would qualify each to be so elected, each of the persons so jointly seised, possessed, or rated may be elected, but the property shall not at the same time qualify the owner and the occupier thereof (ƒ): (4.) Local boards of health in districts where the Public Health Act, 1848, is applied, may, with the sanction of one of Her Majesty's principal secretaries of state (g), divide their district into separate wards, and declare what proportion of the members of the local board is to be elected by each ward:

In districts where this Act is adopted, the (e) This means the net rateable value. See note (n) on 11 & 12 Vict. c. 63, s. 16, ante, p. 57.

(f) See note (p) on 11 & 12 Vict. c. 63, s. 16, ante, p. 57. (g) This division into wards is adopted from 5 & 6 Will. 4, c. 76, s. 39, relating to municipal corporations, and 7 & 8 Vict. c. 101, s. 19, relating to boards of guardians in parishes and unions. The first part of the paragraph refers to the districts formed prior to the Act, and enables the local board of health themselves, without appeal or control, to make the division. The second part applies to new districts to be formed hereafter. The sanction may, it is presumed, be given by letter signed by the secretary or under secretary of state. See 25 L. J., Ch. 776.

owners and ratepayers may (h) by resolution direct a petition to one of Her Majesty's principal secretaries of state to divide the district into wards, for the purpose of election of the local board, and to declare what proportion of the members of the local board shall be elected by each ward, and the said secretary of state may by his order make such division (¿) and declaration after such inquiry as he shall deem necessary, and fourteen days notice shall be given of the time, place, and object of such inquiry (k);

And if any member be elected in more than one ward, he shall within three days notice thereof choose, or, in default of his choosing, the local board at their next meeting shall decide for which one of the wards the member shall serve, and he shall thereupon be held to be elected in that ward only, and a vacancy shall be held to exist on account of the other ward or wards (1);

No person entitled to vote shall give in the whole of the wards a greater number of votes than he would have been entitled to give if the district had not been divided into wards, nor in any one ward a greater number of votes than

(h) This should be done at the meeting when the adoption of the Act is resolved upon, though it may be determined at a subsequent one to be held prior to the election of the board. The owners and ratepayers are to join in the resolution.

(i) The 7 & 8 Vict. c. 101, s. 19, requires four hundred rated houses, at least, to be comprised in each ward; but there is no limit to the discretion of the secretary of state in the text. (k) See notes on sect. 16, ante, p. 240.

(7) See the analogous provision in 11 & 12 Vict. c. 63, s. 14,

p. 54.

he is entitled to in respect of property in that ward (m);

But subject to these limitations, any ratepayer or owner may, by notice in writing (n) delivered to the clerk of the local board, or in case of the first election to the person appointed to conduct that election, elect in what ward or wards he will vote for the ensuing year, and determine the proportion of votes which he will give in any one or more of such wards, and if he do not give such notice he shall not be entitled to vote for any ward in which he does not reside (o):

As to election (5.) The election of local boards shall be conducted

of local

boards.

in the manner directed by the Public Health

Act, 1848, for the election of local boards of health (p);

And the summoning officer (q) shall conduct the first election;

And the members of the local board shall take such declaration (r), continue in office for the same time (s), and be liable to such disqualifications (t) and penalties, as the members of

(m) See 7 & 8 Vict. c. 101, s. 21.

(n) No time is specified when this notice is to be given, but it must clearly be before the voting papers are sent out, otherwise the clerk cannot direct the voter's paper.

(0) This is similar to 7 & 8 Vict. c. 101, s. 21, in which & difficulty has arisen in reference to the last words of this paragraph. If an elector omits to give notice, and does not reside within the district, he will not be able to vote at all.

(p) See 11 & 12 Vict. c. 63, ss. 21-28, ante, pp. 66-75, so far as relates to the election in non-corporate districts not under boards of commissioners.

(q) He is pointed out by sect. 16, No. (6), ante.
(r) See 11 & 12 Vict. c. 63, s. 17, ante, p. 58.

See 11 & 12 Vict. c. 63, s. 13, ante, p. 51, which requires one-third of the members to go out of office every year. (t) See 11 & 12 Vict. c. 63, s. 19, ante, p. 59, and sect. 25,

local boards of health under the said Public
Health Act as altered by this Act:

(6.) If any person nominated, or any person on his
behalf, give at least one clear day's notice in
writing to the returning officer, before the
delivery or collection of the voting papers, of
an intention to send some agent to accompany
the deliverer or collector of the papers, the
returning officer shall make his arrangements
so as to enable the person appointed by him to
be so accompanied;

Provided that no such agent shall interfere in any respect in the delivery or collection of the voting papers (u):

vacancies.

(7.) Any casual vacancy occurring by death, resigna- As to casual tion, disqualification, or otherwise in the local board may be filled up within one month (x) by the local board out of qualified persons, but the member so chosen shall retain his office so long only as the vacating member would have retained the same if no vacancy had occurred: (8.) In the case of districts not consisting of boroughs As to first or towns under the jurisdiction of such improve- local board.

post. It is right here to notice that many persons are exempted from serving this office. See Burn's J. P. with reference to the Appointment of Overseers, and 21 & 22 Vict. c. 90, s. 35, as to registered medical practitioners.

(u) He will do well to refer to sect. 13, No. (5), ante, p. 237. It will be the duty of the agent to see that the papers are completely, duly, and honestly delivered and collected by the proper parties, and thus he will act as a check upon such officer and the agent of the opposing candidates. If he violates this provision, he will be liable to an indictment for a misdemeanor, in acting contrary to a statute.

(x) It is probable that this time is only directory, as in 11 & 12 Vict. c. 63, s. 12, ante, p. 51, which refers to selected members of the board. It does not appear that casual vacancies in the elective members of the board could have been supplied under that Act.

meeting of

Disqualification of

ment commissioners as aforesaid, the first meet

ing shall be held on
ten days after the
board, and at such

such day, not more than election (h) of the local place, as the returning

officer may, by notice sent by post or delivered to each member of such board, appoint.

XXV. Notwithstanding anything contained in

members of the Public Health Act, 1848,

sale

local boards. (1.) No member of a local board shall vacate his office By reason of his being interested in any or lease of any lands, or any loan of money to the local board (i):

(2.) Nor by absenting himself from meetings of the

board, if he be not absent from the district for more than six months at one and the same time (k), unless in case of illness (1),

Nor by reason of his being interested in any contract with the local board as a shareholder in any company established under the provisions

(h) The election here probably means the declaration of the result of the election by the returning officer, though some may consider that the day when the voting papers are collected is the day of election. Such a construction might lead to inconvenience.

(i) See 11 & 12 Vict. c. 63, s. 19, ante, p. 59.

(k) See 11 & 12 Vict. c. 63, s. 18, ante, p. 59.

(1) Quare the meaning of these words. The signification naturally appears to be that a person absent for a period less than six months through illness would be disqualified, whereas, if absent for any other cause, the result would be different. It was perhaps intended to exempt from the operation of the clause the cases where persons are absent through illness, but it will be difficult to extract this meaning legally out of the clause. Indeed there appears to be a serious error in the first part of number (2), by the use of the word district. Apparently if the member be not absent from the district, his absence from the board is not material, unless he be ill. This was clearly not intended, but what intention can be elicited from the language actually used?