Form of Statutory Declaration of Secrecy.

I solemnly promise and declare, that I will not at this election of guardians for the parish of [or united parishes of

ward of the parish of

or

], do anything forbidden by section four of the Ballot Act, 1872, which has been read to me.

Note. The section must be read to the declarant by the person taking the declaration. One declaration may be made by the returning officer in respect of all the parishes for which he is returning officer.

Appendix.

above declaration, having been first read to the above-named A. B., was

signed by him in my presence with his mark.

SECTIONS 74 AND 75 OF THE MUNICIPAL CORPORATIONS ACT, 1882, AS ADAPTED AND ALTERED IN THEIR APPLICATION TO THE ELECTION OF GUARDIANS.

Offences in relation to Nomination Papers.

74. (1.) If any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any forged nomination paper, knowing it to be forged, he shall be guilty of

Appendix. a misdemeanor, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labour.

(2.) An attempt to commit any such offence shall be punishable as the offence is punishable.

Neglect of Duty by Returning Officer or Deputy Returning Officer.

75. (1.) If a person who has undertaken to act as returning officer, or deputy returning officer, at an election of guardians, neglects or refuses to conduct or declare the election in manner provided by the Local Government Act, 1894, and the Guardians (Outside London) Election Order, 1894, he shall for every such offence be liable to a fine not exceeding one hundred pounds, recoverable by action.

(2.) An action under this section shall not lie after three months from the neglect or refusal.

FOURTH SCHEDULE.

PROVISIONS OF THE MUNICIPAL CORPORATIONS ACT, 1882, AND
THE ENACTMENTS AMENDING THE SAME WITH RESPECT TO
THE ACCEPTANCE OF OFFICE, RE-ELIGIBILITY OF HOLDERS
OF OFFICE, AND FILLING OF CASUAL VACANCIES, AS ADAPTED
AND ALTERED IN THEIR APPLICATION TO THE ELECTION OF
GUARDIANS.

Obligation to accept Office or pay Fine.

34. (1.) Every qualified person elected to the office of guardian, unless exempt under this section or otherwise by law, either shall accept the office by making and subscribing the declaration required by this Act within one month after notice of election, or shall, in lieu thereof, be liable to pay to the board of guardians a fine of such amount, not exceeding fifty pounds, as the guardians by regulations determine.

(2.) If there are no regulations determining fines, the fine shall be twenty pounds.

(3.) The persons exempt under this section are

Any person disabled by lunacy or imbecility of mind, or by deaf ness, blindness, or other permanent infirmity of body.

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

(5.) If a person is elected guardian in more than one parish or other area in the poor law union for which the election is held, he shall not

accept office in respect of more than one of such areas, aud if he accepts Appendix. office or pays the fine for non-acceptance of office in respect of one of such areas he shall not be liable to a fine for non-acceptance of office in respect of any other of such areas.

(6.) Any person who has been elected without his consent to his nomination being previously obtained, shall not be liable to a fine under this section.

Declaration on Acceptance of Office.

35. A person elected to the office of guardian shall not, until he has made and subscribed before two guardians of the poor law union, or the clerk to the guardians of the union, a declaration in the following form or in a form to the like effect, act in the office except in administering that declaration :

FORM OF DECLARATION ON ACCEPTANCE OF OFFICE.

and

I, A. B., having been elected guardian for the poor law union of in respect of the parish of [or of the united parishes of or of the ward of the parish of ], bereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.

This declaration was made and subscribed before us*

Guardians of the above-named {

union.

Power to receive Declaration.

239. (1.) Members of the board of guardians or the clerk shall have authority to receive the declaration required to be made by a guardian without any commission or authority other than this Act.

Penalty on acting in office without making Declaration.

41. (1.) If any person acts in the office of guardian without having made the declaration by this Act required, he shall for each offence be liable to a fine not exceeding twenty pounds, recoverable by action.

Re-eligibility of Office-holders.

37. A person ceasing to hold the office of guardian shall, unless disqualified to hold the office, be re-eligible.

* If the declaration is made and subscribed before the clerk, adapt form accordingly.

Appendix.

Filling of Casual Vacancies.

40. (1.) On a casual vacancy in the office of guardian, an election shall be held in accordance with rules framed under the Local Government Act, 1894; 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 guardian being filled at the same election, the guardian 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 guardian 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 board of guardians.

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

vacancy.

Time for filling Casual Vacancies.

66. (1.) On a casual vacancy in the office of guardian, the election shall be held within one month after notice in writing of the vacancy has been given to the chairman of the board of guardians or to the clerk by two guardians.

(3.) The day of election shall be fixed by the clerk to the guardians. (4.) Nothing in this Act shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election.

Given under the Seal of Office of the Local Government Board, this twenty-ninth day of September, in the year One thousand eight hundred and ninety-four.

L. S.

WALTER FOSTER,

HUGH OWEN,

Secretaries.

G. SHAW LEFEVRE,

President.

APPENDIX IV.

URBAN DISTRICT COUNCILLORS ELECTION
ORDER, 1894.

To the County Council of every Administra-
tive County in England and Wales,
except the Administrative County of
London ;-

To the Urban Sanitary Authority of every
Urban Sanitary District in England

and Wales, which is not a Borough ;

To the Clerk to every such Urban Sanitary
Authority;-

And to all others whom it may concern.

WHEREAS by section 21 of the Local Government Act, 1894, it is, amongst other things, enacted as follows:

"21. As from the appointed day :

"(1.) Urban sanitary authorities shall be called urban district councils, and their districts shall be called urban districts; but nothing in this section shall alter the style or title of the corporation or council of a borough ;

“(3.) In this and every other Act of Parliament, unless the context otherwise requires, the expression 'district council' shall include the council of

Appendix.