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SECT. 22. unless disqualified to be mayor, continue to be such justice during the year next after he ceases to be mayor. But while the mayor of a borough is a justice only for the borough, the text provides that the chairman of a district council, urban or rural, shall be a justice of the peace for the county. The mayor of a borough, other than a county borough, will thus be a county justice while he is mayor. For the year succeeding his mayoralty he will be a justice for the borough, but not for the county, and the chairman of every other district council will likewise, while chairman, be a county justice.
Constitution of district councils in urban districts not being boroughs.
23. As from the appointed day, where an urban district is not a borough
(1.) There shall be no ex officio or nominated members of the urban sanitary authority:
As to the appointed day, see section 84, post.
URBAN DISTRICT COUNCILLORS.-For the meaning of the expression "urban district," see section 21, sub-section (1), and the notes thereto.
The cases in which there were ex officio or nominated members of an urban authority were very few in number. There were some provisions relating to "selected" members of the local boards in the Public Health Act, 1875, Schedule V., Rule 71. These related to boards formed before 1858, where the local board district included part of a borough, and a certain proportion of the members were appointed by the council of the borough. Since the passing of the Local Government Act, 1888, orders have been made under section 52 of that Act dealing with such cases, and there are probably very few of any urban authorities to which the provision in the text can apply.
(2.) A person shall not be qualified to be elected or to be a councillor unless he is a parochial elector of some parish within the district, or has during the whole of the twelve months preceding the election resided in the district, and no person shall be disqualified by sex or marriage for being elected or being a councillor. So much of any enactinent whether in a public, general, or local and personal Act as relates to the qualification of a member of an urban sanitary authority shall be repealed:
PAROCHIAL ELECTOR.-AS to the parochial electors generally, see section 2, sub-section (1), ante, p. 5. As to the parochial electors in urban districts, see section 75, sub-section (2), post.
RESIDENCE. This is an alternative qualification. A person may be SECT. 23. qualified by residence though he is not a parochial elector. As to what is meant by residence, see the notes to section 3, sub-section (1), ante, p. 11, and section 20, sub-section (2), ante, p. 121.
QUALIFICATION of CouncilloR.—See the note to the corresponding provision in section 20, sub-section (1), ante, p. 121.
Hitherto members of local boards must have possessed certain property qualifications prescribed by the Public Health Act, 1875, Schedule II., Part 1, Rule 3. The qualification of improvement commissioners was generally prescribed by the local improvement Act in force in the district. These qualifications are now abolished.
(3.) The parochial electors of the parishes in the dis- Sub-sect. (3). trict shall be the electors of the councillors of
the district, and, if the district is divided into
PAROCHIAL ELECTORS.-See note to the preceding sub-section.
(4.) Each elector may give one vote and no more for Sub-sect. (4). each of any number of persons not exceeding the
number to be elected :
VOTES.-This sub-section introduces an important change in the law. Urban authorities (other than borough councils) have hitherto been elected in manner provided by Schedule II. of the Public Health Act, 1875; the voters have been the persons registered as owners of property within the district, or their proxies, and the ratepayers; and in both cases the number of votes to be given by a voter depended on the value of the property of which he was owner, or for which he was rated. The maximum number of votes was six, but a person who occupied his own property might vote both as owner and occupier. This scale of votes is now abolished and each elector will give one vote and no more for each of the number of persons to be elected. Thus if there are six vacancies and seven candidates an elector will be able to give one vote to each of six of the candidates.
(5.) The election shall, subject to the provisions of this Sub-sect. (5). Act, be conducted according to rules framed
under this Act by the Local Government Board:
MODE OF ELECTION.-The provisions of this Act above referred to are contained in this section and in section 48, post. The election will
SECT. 23. be by ballot, and the provisions of the Ballot Act, the Municipal Corporations Act, and the Corrupt Practices Act, 1884, as to elections, will apply.
Rural district councils.
The rules have been published, and are set out in the Appendix, post,
(6.) The term of office of a councillor shall be three years, and one-third, as nearly as may be, of the council, and if the district is divided into wards one-third, as nearly as may be, of the councillors for each ward, shall go out of office on the fifteenth day of April in each year, and their places shall be filled by the newly elected councillors. Provided that a county council may on request made by a resolution of an urban district council, passed by two-thirds of the members voting on the resolution, direct that the members of such council shall retire together on the fifteenth day of April in every third year, and such order shall have full effect.
RETIREMENT OF COUNCILLORS.-The manner in which the councillors first elected under this Act are to retire is regulated by section 79, sub-section (6), post. Those who were lowest on the poll at the election are to retire first.
SIMULTANEOUS RETIREMENT.-This provision is new; see the corresponding enactments relating to guardians in section 20, subsection (6), ante, p. 124. It is in the discretion of the county council to make the order, but they can only do so at the instance of the urban district council. It should be observed that the resolution of the urban council may be passed by a two-thirds majority of those voting. A resolution of two-thirds of the entire body is not required,
24. (1.) The district council of every rural district shall consist of a chairman and councillors, and the councillors shall be elected by the parishes or other areas for the election of guardians in the district.
AREAS FOR ELECTIONS OF RURAL DISTRICT COUNCILLORS.— The areas for the election of guardians are parishes, wards of parishes, and united parishes.
The parishes will include each part of a common law parish divided by virtue of this Act (see section 1, sub-section (3), ante, p. 4) or by an order made under section 36, post. Existing wards and unions of parishes will, no doubt, be retained, but power is given to county councils and joint
committees to divide parishes into wards, and to unite them for the SECT, 24. purposes of the election of guardians and rural district councillors. Section 60, sub-sections (1) and (3), post. The union of parishes for this purpose must not be confused with the grouping of parishes for purposes of parish councils, as to which see section 1, sub-section (1), ante, section 38, and section 55, sub-section (1), post.
As to the meaning of the expression "rural district," see section 21, sub-section (2), ante, p. 126.
(2.) The number of councillors for each parish or other Sub-sect. (2). area in a rural district shall be the same as the number
of guardians for that parish or area.
NUMBER OF RURAL DISTRICT COUNCILLORS.-See the next subsection under which the district councillors for any rural area are constituted the guardians for that area.
(3.) The district councillors for any parish or other area Sub-sect. (3). in a rural district shall be the representatives of that parish or area on the board of guardians, and when acting in that capacity shall be deemed to be guardians of the poor, and guardians as such shall not be elected for that parish or area.
RURAL DISTRICT COUNCILLORS TO BE GUARDIANS.-It may here be pointed out that under this Act boards of guardians will be composed of representatives of both urban and rural parishes. In an urban parish, however, both guardians and district councillors must be elected. But in a rural parish district councillors only will be elected to represent the parish both on the rural district council and on the board of guardians. In other words a rural district councillor will also be a guardian for his parish.
It should be borne in mind that the guardians are a distinct body having duties and jurisdiction altogether different from the district council, and this will be the case even where the union and the rural district are co-extensive.
(4.) The provisions of this Act with respect to the Sub-sect. (4). qualification, election, and term of office and retirement of guardians, and to the qualification of the chairman of the board of guardians, shall apply to district councillors and to the chairman of the district council of a rural district, and any person qualified to be a guardian for a union comprising the district shall be qualified to be a district councillor for the district.
QUALIFICATION OF RURAL DISTRICT COUNCILLORS.-The provisions above referred to are contained in section 20, ante, p. 121, et seq.
SECT. 24. The disqualifications of a district councillor or guardian are set out in
section 46, post.
The chairman will be a justice of the peace by virtue of section 22, ante, p. 127.
The concluding words of the foregoing sub-section should be noticed. A person may be qualified as a parochial elector or resident, though his qualification is not within the district. It is sufficient if it is within a union comprising the district.
(5.) Where a rural sanitary district is on the appointed day situate in more than one administrative county, such portion thereof as is situate in each administrative county shall, save as otherwise provided by or in pursuance of this or any other Act, be as from the appointed day a rural district;
Provided that where the number of councillors of any such district will be less than five, the provisions, so far 38 & 39 Vict. as unrepealed, of section nine of the Public Health Act,
1875, with respect to the nomination of persons to make up the members of a rural authority to five, shall apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the district council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district shall be entitled, so far as regards those affairs, to sit and act as members of that district council, but a separate account shall be kept of receipts and expenses in respect of the district, and the same shall be credited or charged separately to the district.
RURAL DISTRICT IN MORE THAN ONE COUNTY.-This provision will take effect without any order under section 36, post, but it is one of the cases which the county council, or rather the joint committee, are to take into consideration under that section. It would appear that under that section the county council may for special reasons direct that the rural district may remain in two counties notwithstanding the above provision.
RURAL DISTRICT WITH LESS THAN FIVE COUNCILLORS.-The provisions of section 9 of the Public Health Act, 1875, in so far as they are not repealed by this Act, are as follow: "Where the number of elective guardians is less than five, the Local Government Board may, from time to time, by Order nominate such number of persons as may be necessary to make up that number from owners or occupiers of