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APPENDIX A.

VESTRYMEN AND AUDITORS (LONDON) ELECTION
ORDER, 1898.

The following is the Fifth Schedule of this Order, referred to in the notes to sect. 2 (5) of the Lon. G. A., p. 23, ante. It must be noted that these provisions of the M. C. A., 1882, as applied to metropolitan borough councillors by sect. 2 (5) of the Lon. G. A. and this Order differ, in certain respects, from the same provisions as applied to metropolitan mayors and aldermen by sect. 2 (4) of the Lon. G. A., p. 13, ante, and the L. G. A., 1888.

FIFTH SCHEDULE.

PROVISIONS OF THE MUNICIPAL CORPORATIONS ACT, 1882, WITH RESPECT TO THE ACCEPTANCE OF OFFICE, RESIGNATION, RE-ELIGIBILITY OF HOLDERS OF OFFICE, AND FILLING OF CASUAL VACANCIES, AS ADAPTED AND ALTERED IN THEIR APPLICATION TO THE ELECTION OF VESTRYMEN AND TO THE PERSONS ELECTED THEREAT.

Obligation to accept Office or pay Fine.

34.-(1.) Every qualified person elected or deemed to be re-elected to the office of vestryman, 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 being elected or deemed to be re-elected, or shall, in lieu thereof, be liable to pay to the vestry a fine of such amount, not exceeding fifty pounds, as the vestry 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 deafness, blindness, or other permanent infirmity of body, and any person who having within five years before the day of election served the office of vestryman for the parish or ward claims exemption within ten days after notice of election or of being declared to be deemed to be re-elected.

(4.) A fine payable under this section shall be recoverable summarily. (5.) If a person is either elected or deemed to be re-elected as vestryman in more than one ward in the parish for which the election is held, he shall not accept office in respect of more than one of such wards, and if he accepts office or pays the fine for non-acceptance of office in respect of one ward he shall not be liable to a fine for non-acceptance of office in respect of any other of such wards.

(6.) Any person who has been nominated and 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 or deemed to be re-elected to the office of vestryman shall not, until he has made and subscribed before two vestrymen of the parish, or the clerk to the vestry, or, if he is absent from the United Kingdom, before a British Consul, 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.

[or

I, A.B., having been elected [or being deemed to be re-elected] vestryman for the parish of ward of the parish 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.

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This declaration was made and subscribed before us*

Vestrymen of the above-named
parish.

* If the declaration is made and subscribed before the Clerk or a Consul, adapt form accordingly.

Power to receive Declaration.

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

(2.) The declaration, if made before a British Consul, shall be forthwith sent to the clerk to the vestry.

Penalty on acting in Office without making Declaration.

41. If any person acts in the office of vestryman 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.

Resignation of Office.

86.-(1.) A person elected as vestryman may at any time, by writing signed by him and delivered to the clerk to the vestry, resign the office, on payment of the fine provided for non-acceptance thereof.

(2.) In any such case the vestry shall forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of the vestry, and countersigned by the clerk, and fixed on the principal external gate or door of the offices of the vestry, and the office shall thereupon become vacant.

Re-eligibility of Office-Holders.

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

Filling of Casual Vacancies.

40.-(1.) On a casual vacancy in the office of vestryman, an election shall be held in accordance with the Vestrymen and Auditors (London) Election Order, 1898; 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 vestryman being filled at the same election, not being the ordinary election, the vestryman 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 vestryman 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 vestry.

(3.) Non-acceptance of office by a person elected or deemed to be re-elected creates a casual vacancy.

Time for filling Casual Vacancies.

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

(3.) The day of election shall be fixed by the clerk to the vestry.

(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.

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The above Table is, of course, subject to the Orders in Council and schemes to be made. The names are merely suggestive. Penge has been excluded.

INDEX.

ABSENCE,

period which disqualifies alderman, 12.

mayor not to be disqualified by reason of, 12.

vacation of seat for absence from meetings of borough councils,
39-41.

ACCEPTANCE OF OFFICE,

mayor and aldermen must accept office before acting, or liable to fine,
14, 45.

and within same period as is allowed to councillor, 14.

form and effect of form of declaration of acceptance, 15, 17.

penalty for acting without having made declaration, 17.

councillor must accept office within one month after notice of election,

or liable to fine, 45, 217.

declaration on acceptance of office, 218.

form of declaration, 218.

power to receive declaration, 218.

penalty on acting in office without having made declaration, 218.

ACCOUNTS. See Audit.

ACQUISITION OF LAND,

borough councils may acquire land under Local Government Act,
1888..64.

other powers to acquire land, 66.

provisions of Local Government Act, 1888, and incorporated enact-
ments, 212-214.

ADJUSTMENT,

of areas and boundaries. See Areas and Boundaries.

of rates. See Rates.

of local burdens, provision for, 101.

with respect to the incidence of any rate, and for preventing injustice,

139.

regard to be had to contribution, composition, or exemption hereto-
fore existing in regard to any portion of any area, 141.
financial adjustment in regard to Kensington Palace, 163.

ADMINISTRATIVE COUNTY OF LONDON,

Act applies to, exclusive of City, 3.

created by Local Government Act, 1888, area of, 3.

ADMINISTRATIVE VESTRY defined, 205.

ADOPTIVE ACTS. See also Committees.

defined, 56, 207.

when adopted, borough council to administer, 56.

table showing authorities administering Acts, 57-8.

may be adopted as in a borough outside London, and where adopted
in part of borough may be adopted in remainder as if separate
borough, 59.

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