Mayors of Provincial Boroughs.-These provisions differ from those in the M. C. A., 1882, in three ways. The mayor under the M. C. A., 1882, is a justice of the peace for the borough; he has precedence over other justices, and he continues to be a justice the year next after he ceases to be mayor (sect. 155).

Moreover, he is, as chairman of an urban district council, a justice of the peace for the county under the L. G. A., 1894, s. 22.

In London the mayor will be a justice for the county; he will not enjoy any precedence over the other county justices, and he will be a justice only while he is mayor.

Practising Solicitors.-Practising solicitors are disqualified for being justices of any county in which they practise (34 Vict. c. 18). This section removes the disability.

Mayor disqualified from sitting as Justice.-Questions have frequently arisen as to the position of mayors acting as justices when the borough council has been a party to the matter. The question in all cases is, Was the mayor really substantially interested, though not necessarily in a pecuniary sense, in the proceedings so as to be likely to have a real bias in the matter? If so, he ought not to sit as a justice: Reg. v. Meyer and others, 1 Q. B. D. 173; Reg. v. Milledge and others, 4 Q. B. D. 332.

By sect. 122 of the Public Health (London) Act, 1891, a justice of the peace shall not be incapable of acting in cases arising under the Act by reason of his being a member of any sanitary authority. It has been held that where such a section as this exists, it is not enough to show merely that an adjudicating justice is a member of the council, and, as such, has a pecuniary interest in the result, or that he is a member of the body charged with the duty of prosecuting the offence which he sits to adjudicate upon, but it must be established that he has such a substantial interest in the result of the hearing as to make it likely that he has a real bias in the matter: Reg. v. Handsley and others, 8 Q. B. D. 383. But where he acts as a member of the council in directing the prosecution, he must not afterwards sit to hear the summons: Reg. v. Lee and others, 9 Q. B. D. 394.

Another consideration must be borne in mind. Where the mayor is a litigant in a matter similar to the other matters before the Court, he is disqualified from acting as a justice: Reg. v. Justices of Great Yarmouth, 8 Q. B. D. 525. And where a magistrate takes such an interest in the subject-matter of the litigation as to make a real bias

reasonably probable, he is disqualified from sitting as a magistrate: Reg. v. Cumberland Justices, 52 J. P. 502.

Any pecuniary interest in the subject-matter of the litigation will disqualify a magistrate. But by the Justices of the Peace Act, 1867 (30 & 31 Vict. c. 115), it is provided that a justice shall not be incapable of acting by reason only of his being one of several ratepayers liable in common with the others to contribute or to be benefited by any fund to the account of which the penalty payable in respect of the offence would go.

Where a justice is disqualified, it is open to the parties to waive the objection, and if they acquiesce in his acting after knowledge of the disqualification they cannot afterwards object.

Other disqualifications: as to bankruptcy, see 46 & 47 Vict. c. 52, s. 32; 53 & 54 Vict. c. 71, s. 9; as to corrupt practices, 46 & 47 Vict. c. 51, s. 38. A sheriff cannot be a justice: 50 & 51 Vict. c. 55, s. 17.

Section 25.

DEPUTY TOWN CLERK.

25. Deputy town clerk.]—In case of the illness or absence of the town clerk, the borough council may appoint a deputy town clerk to hold office during their pleasure, and all things required or authorised by law to be done by or to the town clerk may be done by or to the deputy town clerk, and no defect in the appointment of a deputy shall invalidate his acts.

Deputy Town Clerk.-There is a similar provision in the M. C. A., 1882: see sects. 17 (sub-sects. 5 and 6) and 237.

Section 26.

WARDS.

26. Alteration of wards.]—(1.) Whenever the Local Government Board is satisfied that a primâ facie case is made out for a proposal for the alteration of the number of wards of a metropolitan borough, or of the boundaries of any ward, or of the apportionment of the members of the council among the wards, the Local Government Board may cause such inquiry to be made and such notices to be given as they may think expedient; and if satisfied that the proposal is desirable, may make an order accordingly.

Wards. The first divisions of boroughs into wards and the apportionment of councillors are to be fixed by Order in Council under sect. 2 (2), Lon. G. A.

This section takes away from the L. C. C. one of the powers it inherited from the M. B. W.

26-(2.) Notice of the provisions of the order shall be given, and copies thereof shall be supplied, in such manner as the Local Government Board may direct.

26-(3.) The expenses of and incidental to the making of the order shall be paid by the borough council.

Section 27.

PROVISIONS AS TO NAMES.

27. Provisions as to names, first elections, &c.]-(1.) An Order in Council under this Act shall—

(a) give each of the metropolitan boroughs an appropriate. name; and

Name. By sect. 8, M. C. A., 1882, "the municipal corporation of a borough shall bear the name of the mayor, aldermen, and burgesses of the borough, or in the case of a city, the mayor, aldermen, and citizens of the city."

This cannot be exactly followed in the case of the metropolitan boroughs, for the reason that the inhabitant householders or borough electors are not incorporated under this Act, but only the council of each metropolitan borough.

As to Westminster, see sect. 1, p. 5, ante, and sect. 16 (3) (b), p. 150, ante.

27 (1)-(b) fix the days, years, and times for the retirement of the first aldermen and councillors; and

Times of Retirement.—This will doubtless follow the form usually set out as the Second Schedule to a charter under the M. C. A.

27 (1)—(c) give such directions as to the first meeting of the borough councils, and make such other temporary modifications of the provisions of this Act, as may appear to her Majesty to be necessary or proper for making those provisions applicable in the case of the first constitution of a borough council.

27-(2.) An order in council under this Act may make such provisions as appear necessary for adapting the enactments relating to the registration of electors to the provisions of this Act with respect to the powers and duties of the town clerk and overseers,

and in particular for applying, so far as appears necessary, the law regulating the registration of electors in a municipal borough outside London.

Registration of Electors.-See generally on this sub-section the notes to sects. 2 (5), pp. 25-36, ante, 3, p. 47, ante, 4 (1), pp. 49-51, ante, and 11 (1), p. 109, ante. This sub-section contains the necessary provisions supplementary to the sections mentioned.

27-(3) An Order in Council under this Act shall provide for the revised lists of voters in the administrative county of London outside the city being, in the year one thousand nine hundred, printed and signed before the twentieth day of October, and coming into operation as the register for the purpose of borough elections on the first day of November, and may provide for such adjustment of the lists of voters and registers with respect to any alteration under this Act of parish boundaries as may appear required for the purpose of those elections.

Sect. 3 (4), p. 47, ante, provides in similar words for the revised lists of voters in subsequent years being printed and signed by the town clerk before the 20th October of each year, to come into operation as the register of borough electors on the 1st November following.

Time for Revision Courts.-The period for holding revision courts was originally from 15th September to 31st October, inclusive: Reg. Act, 1843, s. 33. The Reg. Act, 1878, s. 18 (2), provided that, so far as it related to the burgess list, the revision was to be completed by 12th October; and now by the County Electors Act, 1888, s. 6 (1), the lists of parliamentary voters, and of burgesses, and of county electors, are revised between 8th September and 12th October, both inclusive, and are, moreover, to be revised as soon as possible after 7th September, and 8th September is substituted in the Acts relating to the registration of parliamentary voters for 15th September.

Acceleration of Printing, &c. of Register.-In the ordinary course the register of parochial electors (the register for the purpose of borough elections), as revised by the revising barristers in the autumn of 1900, would not come into force until the 1st January, 1901: Reg. Act, 1843, s. 47-8; Representation of the People Act, 1867, s. 38; Parl. and Mun. Reg. Act, 1878, s. 32; County Electors Act, 1888, s. 7 (3); County Councils (Elections) Act, 1891, s. 2.

The date, 1st November, corresponds with the date fixed in regard