(Local Government Act, 1888.)

(10.) An outgoing alderman shall not, as alderman, vote on the election of a chairman (g).

(14.)... Twelve months shall be substituted for six months in sect. 39 of the Act as the period of absence which disqualifies an alderman . .

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(16.) Nothing in the Municipal Corporations Act, 1882, as applied by this section

(b) Shall apply

any of the following provisions,

namely, sub-sect. 5 of sect. 15 (h), sect. 16 (i), (c) Shall render any person elected to a corporate office (k), without his consent to his nomination being previously obtained, liable to pay a fine on non-acceptance of office, or render a chairman . . . disqualified as such by reason of absence (1).

Ownership of Property.-It is presumed that the qualification referred to in L. G. A., 1888, s. 2 (2) (b), must be in the borough for which the alderman is elected. Persons having the qualifications referred to may be parochial electors, and as such may be qualified to be aldermen without the assistance of this provision.

Municipal Corporations Act, 1882.-The provisions of the M. C. A., 1882, which are applied by the foregoing section, subject to the modifications named, are as follows:

14.—(1.) The aldermen shall be fit (m) persons elected (n) by the council.

(g) This sub-section modifies sect. 61 (3), M. C. A., 1882, and meets the case where an outgoing alderman has been elected a councillor, and therefore votes as councillor. There is nothing to prevent an alderman being elected a councillor, but upon his making the declaration as councillor, he ipso facto ceases to be an alderman. (Reg. v. Mayor, &c. of Bangor, L. R. 18 Q. B. D. 349; 13 App. Cas. 349.) (h) There is no provision in the Lon. G. A. that the mayor shall have precedence in the borough, and the provision of the M. C. A., 1882, on the subject is by this sub-section excluded from the L. G. A., 1888, and consequently excluded from this


(i) There is no provision in the Lon. G. A. for the appointment of a deputy mayor such as is contained in sect. 16 of the M. C. A., 1882, which is here expressly excluded from the L. G. A., 1888, and therefore excluded from this Act. (See p. 24, post.)

(k) Defined in sect. 7, M. C. A., 1882; see note (z), p. 14.

(7) This sub-section modifies sects. 34 and 39, M. C. A., 1882, pp. 14 and 16, post. (m) The following note is taken from Arnold's Law of Municipal Corporations, 4th ed., p. 29:-"The term of office of an alderman is twice that of a councillor.

(Municipal Corporations Act, 1882.)

(2.) (Not applied: sect. 2 (3), Lon. G. A.)

(3.) A person shall not be qualified to be elected or to be an alderman unless he is a councillor or qualified to be a councillor (o).

(4.) If a councillor is elected to, and accepts, the office of alderman he vacates (p) his office of councillor.

(5.) The term of office of an alderman shall be six years.

(6.) On the ordinary day of election (q) of aldermen in every third year one-half of the whole number of aldermen shall go out of office, and their places shall be filled by election.

(7.) The half to go out shall be those who have been aldermen for the longest time without re-election (r).

15.-(1.) The mayor shall be a fit person (s) elected by the council from among the aldermen or councillors or persons qualified to be such (t).

(2.) An outgoing alderman is eligible.

(3.) The term of office of the mayor shall be one year (u), but he shall continue in office until his successor has accepted office and made and subscribed the required declaration (x).

(4.) He able (y).


receive such remuneration as the council think reason

(5.) (Not applied: sect. 75 (16) (b), L. G. A., 1888, p. 12.)

The aldermen are generally elected from among those councillors who have served for many years. Occasionally a gentleman, not a member of the council, whose services are considered of special value in some department, has been offered the office. There is no doubt that the aldermen have played a most important part in sustaining the dignity and importance of town councils. As a rule, they are men of great experience in local affairs, and as they have a position independent of the passing passion of the hour, they are able to maintain and carry on local selfgovernment until the popular mind has been enlightened, and a just appreciation of a measure has been established."

(n) As to election of aldermen, see sect. 60, M. C. A., p. 17, post. Aldermen cannot as such vote in the election of aldermen. (Sect. 2 (2) (c), L. G. A., 1888, p. 11, ante.)

(0) For qualifications as councillor, see p. 37, post. For disqualifications, see sub-sect. 5 of sect. 2 of Lon. G. A., p. 41, post. Also see note "Mayor and Aldermen," p. 20, post. .

(p) As to casual vacancies, see sects. 40 and 66, M. C. A., pp. 16 and 19, post. (2) The 9th November, or if that day is Sunday, the following day (sect. 3 (3), Lon. G. A., p. 47). As to first elections, see sect. 3 (1), Lon. G. A., p. 46.

(r) That is, longest in office as aldermen without re-election and without reference to casual vacancies under sect. 40, M. C. A., p. 16, post.

(s) See notes, p. 20, post.

(t) See note (o), supra.

(u) Until the next ordinary day of election, 9th or 10th November. (Sect. 3 (2), Lon. G. A., p. 47, post.)

(x) As to declaration, see p. 15, post.

(y) See note on "Mayor's Purse," p. 20, post.

(Municipal Corporations Act, 1882.)

34.-(1.) Every qualified person elected to a corporate office (z), unless exempt (a) under this section or otherwise by law, either shall accept the office by making and subscribing the declaration (b) required by this Act within five days (c) after notice (d) of election, or shall, in lieu thereof, be liable to pay to the council a fine of such amount not exceeding, in case of an alderman fifty pounds, and in case of a mayor one hundred pounds, as the council by byelaw determine.


(2.) If there is no byelaw determining fines, the fine, in case of an alderman, shall be twenty-five pounds, and in case of a

mayor fifty pounds.

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(3.) The persons exempt under this section are—

(a) Any person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body; and (b) Any person who, being above the age of sixty-five years, or having within five years before the day of his election either served the office or paid the fine for non-acceptance thereof, claims exemption within five days after notice (d) of his election.

(z) Defined, sect. 7 (1), M. C. A., to mean, inter alia, the office of mayor, alderman, or councillor. The words "after his consent to his nomination has been obtained " should be read into this section after the words "corporate office," seeing that by sect. 75 (16) (c), L. G. A., 1888, a person elected to a corporate office without his consent to his nomination being previously obtained is not liable to pay a fine on non-acceptance of office: see p. 12, ante.

(a) Other exemptions than those given in the section are:-Postmaster-General and officers of the Post Office (1 Vict. c. 33, s. 12); Commissioners and officers of Excise (7 & 8 Geo. IV. c. 53, s. 11); Commissioners and officers of Inland Revenue (16 & 17 Vict. c. 59, s. 17; 53 & 54 Vict. c. 21, s. 8); Commissioners and officers of Customs (39 & 40 Vict. c. 36, s. 9); registered dentists (41 & 42 Vict. c. 33, s. 30); registered medical practitioners (21 & 22 Vict. c. 90, s. 35); inspectors of factories (41 Vict. c. 16, s. 67); army reserve men (45 & 46 Vict. c. 48, s. 7); registrars of births, deaths and marriages (1 Vict. c. 22, s. 18); military, naval, and marine officers on full or half-pay, and officers and others employed and residing in any of her Majesty's dockyards, victualling establishments, arsenals, barracks, or other naval or military establishments (sect. 253, M. C. A.).

(b) See sect. 35, infra; and as to the conscientious objector, sect. 36 (3), infra. The declaration in the M. C. A. is printed at p. 15, post.

(c) As applied by L. G. A., 1888, s. 75 (14), ten days was substituted for five days; as amended by the County Councils (Elections) Act, 1891, s. 5, three months was substituted for ten days, and the declaration may be made either in the manner prescribed by the L. G. A., 1888, or before any justice of the peace or commissioner to administer oaths in the Supreme Court of Judicature.

By sub-sect. 7 of this section of the Lon. G. A., the mayor and an alderman of a metropolitan borough shall be required to accept office within the same period as is allowed in the case of a councillor. For a councillor it is one month. (See the Vestrymen and Auditors (London) Election Order, 1898, applied by sub-sect. 5 of this section, p. 21, post.)

(d) That is, regular notice, either by being actually present when the result is announced, or by being apprised of the fact by some official authority. Mere casual information is not sufficient. (Reg. v. Preece, 5 Q. B. 94; 12 L. J. Q. B. 335.)

(Municipal Corporations Act, 1882.)

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

35.—A person elected to a corporate office shall not, until he has made and subscribed before two members of the council, or the town clerk, a declaration as in the Eighth Schedule, act in the office except in administering that declaration (e).

36.-(1.) A person elected to a corporate office may at any time by writing signed by him and delivered to the town clerk, resign (ƒ) the office, on payment of the fine (g) provided for non-acceptance thereof.

(2.) In any such case the council shall forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of the council and countersigned by the town clerk, and fixed on the town hall (h), and the office shall thereupon become vacant.

(3.) No person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office by reason of his refusal on conscientious grounds to take any oath or make any declaration required by this Act or to take on himself the duties of the office.

(e) See sect. 240, p. 19, post, as to effect of forms given in this Schedule. The text of the declaration is given below. The declaration as to estate may have no application to the metropolis, as it arises from the fact that it is required in the case of a borough councillor by sect. 11 (1) of the M. C. A., 1882, and there is nothing requiring it from a metropolitan borough councillor. See note 66 'Mayor and Alderman," p. 20, post.


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I, A. B., having been elected mayor [or alderman, councillor, elective auditor, or revising assessor] for the borough of hereby 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 [and in the case of the person being qualified by estate say, And I hereby declare that I am seised or possessed of real or personal estate, or both [as the case may be], to the value or amount of one thousand pounds, or five hundred pounds [as the case may require], over and above what will satisfy my just debts].

(f) Resignation when once completed (by delivery of the writing and payment of fine) cannot be withdrawn even with consent of council. (Reg. v. Mayor of Wigan, 54 L. J. Q. B. 308; L. R. 14 Q. B. D. 908.) A person becoming disqualified by bankruptcy or absence ceases to hold office, and therefore ceases also to have power to resign. (Hardwick v. Brown, L. R. 8 C. P. 406; 37 J. P. 407; Futcher v. Saunders, 49 J. P. 424.)

(g) As to fines, see sect. 34, M. C. A., supra. There is no power to remit or return a fine. Apparently a person who surrenders one municipal office to fill another is not liable to pay a fine. (Reg. v. Mayor of Bangor, per Lindley, L. J., 18 Q. B. D. p. 366; 56 L. J. Q. B. 326.)

(h) Sect. 232, M. C. A., explains this to mean "in some conspicuous place on or near the outer door of the town hall, or, if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates."

(Municipal Corporations Act, 1882.)

37. A person ceasing to hold a corporate office shall, unless disqualified (¿) to hold the office, be re-eligible.

38. The mayor and aldermen shall, during their respective offices, continue to be members of the council, notwithstanding anything in this Act as to councillors going out of office at the end of three years (k). 39.-(1.) If the mayor or an alderman

(a) (Not applied: sect. 2 (5), Lon. G. A., p. 21, post.)

(b) Is (except in case of illness) continuously absent from the borough, being mayor, for more than two months (1), or being alderman . . . for more than six (m) months:

he shall thereupon immediately become disqualified and shall cease to hold the office.

(2.) In any such event the council shall forthwith declare the office to be vacant, and signify the same by notice signed by three members of the council, and countersigned by the town clerk, and fixed on the town hall, and the office shall thereupon become vacant.

(3.) (Not applied: sect. 2 (5), Lon. G. A.)

(4.) Where a person becomes so disqualified by absence (n), he shall be liable to the same fine as for non-acceptance of office, recoverable summarily (o), but the disqualification shall, as regards subsequent elections, cease on his return.

40.—(p) (1.) On a casual vacancy in a corporate office, an election shall be held by the same persons and in the same manner as an election to fill an ordinary vacancy; 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.

(i) For disqualifications, see p. 41, post.

(4) This provides for the mayor (having been elected from the councillors) retaining his office until the 9th November, although as councillor he would have retired on the 1st November, by sect. 3 (2), Lon. G. A.

(1) By L. G. A., 1888, s. 75 (16) (c), nothing in this section is to render a chairman disqualified as such by reason of absence, and this will of course apply to the mayor of a metropolitan borough.

(m) By L. G. A., 1888, s. 75 (14), twelve months is substituted for six as the period of absence which disqualifies aldermen.

(n) The mayor as such cannot be disqualified by absence; as to aldermen, see note (m), supra; as to councillors, see p. 43, post.

(0) See 11 & 12 Vict. c. 43, ss. 33 and 34; 42 & 43 Vict. c. 49, s. 20 (10).

(P) Sects. 40 and 41 are applied also to the office of vestryman by L. G. A., 1894, sect. 48 (4), being modified and adapted by V. A. E. O., 1898, Sched. 5: see p. 23, post; p. 218, post.

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