NOTE. was disqualified by reason of the contracts with the council, and the question Sect. 12 (2). was publicly discussed in the ward. Held, that votes given for A., whose disqualification was notorious, were thrown away, and that the petitioner who had the next highest number of votes must be declared elected. Cox v. Ambrose, 55 J. P. 23; 60 L. J. Q. B. 114; 7 T. L. R. 59. The interest in the contract continues so long as the contract itself exists. This may be important in considering whether an action for penalties has been brought in time. See Todd v. Robinson, 14 Q. B. D. 739; 54 L. J. Q. B. 47 ; 52 L. T. (N.s.) 120; 49 J. P. 278. As to the liability of a member for contracts entered into without his knowledge or against his orders, see Miles v. Mellwraith, 8 App. Cas. 120; 31 W. R. 591; 48 L. T. (N.s.) 689; 52 L. J. M. C. 17. It appears from the decision in Mellis v. Shirley Local Board, 16 Q. B. D. 446; 55 L. J. Q. B. 143; 53 L. T. (n.s.) 810; 34 W. R. 187; 50 J. P. 214, that a contract between a local board and a member is altogether void and cannot be enforced. But the case does not decide whether the contract would be void if the member became interested in it after it had been made. COTTON, L.J., seemed to be of opinion that it would not, though the member would be prohibited from taking any benefit under it. (g) Under the Public Health Act, 1875, it has been held that a member of a local board is not disqualified by the lease to him of a sewage farm containing covenants on the part of the board to supply, and on his part to use, the sewage of the district. R. v. Gaskarth, 5 Q. B. D. 321 ; 49 L. J. Q. B. 409; 42 L. T. (N.S.) 688; 28 W. R. 596; 44 J. P. 507. The letting of a building for the purposes of a polling station for one day is within the exception in the text. Nell v. Longbottom, [1894] 1 Q. B. 767; 63 L. J. Q. B. 490; 70 L. T. (N.S.) 499. The text would probably cover such cases as the letting of rooms or offices to the council. See Burgess v. Clark, 14 Q. B. D. 735; 33 W. R. 269; 59 J. P. 388. (h) L. contracted with certain commissioners to supply a town with water. This contract not having been fully carried out, he gave it up by deed to the commissioners, they agreeing to pay him a certain balance if they abandoned the works or completed them, and obtained a specific quantity of water. The deed contained releases by L., and covenants by L., not to molest the commissioners, etc. The works remained incomplete, but not abandoned. It was held that the deed was only a security for a sum of money. Le Feuvre v. Lankester, supra. (1) But for this provision a councillor could not have held shares in a gas or water company contracting with the council. See Todd v. Robinson, 14 Q. B. D. 739; 54 L. J. Q. B. 47; 52 L. T. (N.S.) 120; 49 J. P. 278. Another exception to the disqualification by interest in a contract is created by the Highways and Bridges Act, 1891 (54 & 55 Vict. c. 63), s. 5, post, which provides that no person shall be disqualified for being elected or for being a member of a county council by reason only of his having any share or interest in any contract with such county council for the supply from land of which he is owner or occupier of stone, gravel, or other material for making or repairing highways or bridges. Provided always that no such share or interest in any contract shall exceed the amount of 50l. in any one year. 13.-(1.) The term of office of a councillor shall be three years. Term of (2.) On the ordinary day of election of councillors in every year office and one-third of the whole number of councillors for the borough or councillors. Sect. 13 (2). for the ward, as the case may be, shall go out of office, and their places shall be filled by election. NOTE. Number, Qualification, term of office, (3.) The third to go out shall be the councillors who have been longest in office without re-election. It is provided by the Local Government Act, s. 2, ante, p. 3, that county councillors shall be elected for a term of three years, and shall then retire together, and their places shall be filled by a new election. The above section does not, therefore, apply to county councillors. 14.-(1.) The aldermen shall be fit persons elected by the council (a). (2.) The number of aldermen shall be one-third of the number of councillors (b). (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. (4.) If a councillor is elected to, and accepts, the office of alderman he vacates his office of councillor. (5.) The term of office of an alderman shall be six years. (6.) On the ordinary day of election 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 (c). (7.) The half to go out shall be those who have been aldermen for the longest time without re-election. (a) In a county council the aldermen are to be called county aldermen. (b) In London the number is to be one-sixth. See the Local Government Act, s. 40, sub-s. (5), ante, p. 89. (c) As to the election of aldermen, see s. 60, post. As to the election of an alderman to fill a casual vacancy, see s. 40, post. The ordinary day of election of aldermen in a borough is November 9th; but in a county it is March 16th, or such other day within ten days after the ordinary day of retirement of county councillors (viz. March 8th), as the county council may from time to time fix for their county. Local Government (Election) Act (54 & 55 Vict. c. 68), s. 1 (3), post. It was decided in R. v. Coaks, 3 E. & B. 251; 23 L. J. Q. B. 134, that an alderman was not qualified to be elected councillor; some doubt was thrown upon this by the Court of Appeal in R. v. Bangor (Mayor, etc., of ), 18 Q. B. D. 349, but no opinion was expressed on the point by the House of Lords in the same case. Pritchard v. Bangor (Mayor, etc., of), 13 App. Cas. 241; 57 L. J. Q. B. 313; 58 L. T. (N.s.) 502; 37 W. R. 103; 52 J. P. 564. 15.-(1.) The mayor shall be a fit person elected by the salary, council from among the aldermen or councillors or persons procedure and qualified to be such. powers of mayor. (2.) An outgoing alderman is eligible. (3.) The term of office of the mayor shall be one year, but he shall continue in office until his successor has accepted office and made and subscribed the required declaration. (4.) He may receive such remuneration as the council think reasonable. (5.) He shall, subject to the provisions of this Act respecting Sect. 15 (5). justices, have precedence in all places in the borough. (6.) The mayor of a borough named in the schedules to the Municipal Corporations Act, 1835, shall be capable in law to do and suffer all acts which the chief officer of the borough might at the passing of that Act lawfully do or suffer, as far as the same were not altered or annulled by that Act, or have not been altered or annulled by any subsequent Act. In a county council the chairman may be elected from within or without the council. His term of office is one year, and apparently the text requires him to remain in office until his successor has made the declaration. (See Sched. 8, post.) He is a justice by virtue of his office. See the Local Govern ment Act, s. 2 (5), ante, p. 4. As to the remuneration of the mayor or the chairman of a county council, see Att.-Gen. v. Blackburn (Corporation of), 57 L. T. (N.S.) 385. In that case a corporation voted a sum of money to the mayor by way of remuneration, at the same time resolving that the mayor should be requested to take such steps as he might deem proper for the due celebration of Her Majesty's Jubilee. Some of the burgesses moved to restrain the corporation from applying any part of the borough fund for this purpose, but it was held that the provisions of the Act had not been contravened, and an interlocutory injunction was refused. But it was held that a corporation were not entitled to make a colourable addition to the remuneration of the mayor merely that the addition might be applied in indirectly making payments such as subsidies to a college which would not be justified if made directly. Att.-Gen. v. Cardiff (Mayor, etc., of), [1894] 2 Ch. 337; 63 L. J. Ch. 557; 70 L. T. (N.s.) 591; 10 T. L. R. 420. Sub-section (5) is not to apply to the chairman of a county council. Local Government Act, s. 75, sub-s. (16) (b), ante, p. 145. See the Sub-section (6) of the above section has no application to the chairman of a county council. mayor to 16.-(1.) The mayor may from time to time appoint an alder- Power of man or councillor to act as deputy mayor during the illness or appoint absence of the mayor. deputy. (2.) The appointment shall be signified to the council in writing and be recorded in their minutes. (3.) A deputy mayor may, while acting as such, do all acts which the mayor as such might do, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so, and shall not, unless he is a justice, act as a justice, or in any judicial capacity. This section does not apply to county councils, having regard to the Local Government Act, s. 75, sub-s. (16) (b). Section 2 (6) of that Act, ante, p. 4, enables the council to appoint a vice-chairman. See also s. 88 of that Act as to the deputy chairman in London. Sect. 17 (1). The town clerk and deputy. The treasurer Other borough officers. Officers of Council. 17.-(1.) The council shall from time to time appoint a fit person, not a member of the council, to be the town clerk of the borough. (2.) The town clerk shall hold office during the pleasure of the council. (3.) He shall have the charge and custody of, and be responsible for, the charters, deeds, records, and documents of the borough, and they shall be kept as the council direct. (4.) A vacancy in the office shall be filled within twenty-one days after its occurrence. (5.) In case of the illness or absence of the town clerk, the council may appoint a deputy town clerk, to hold office during their pleasure. (6.) All things required or authorized by law to be done by or to the town clerk may be done by or to the deputy town clerk. The officer of a county council corresponding to the town clerk is the clerk of the council, who in all counties, except London, will also be the clerk of the peace. The appointment of the clerk of the council and the deputy clerk, and their duties, are regulated by the Local Government Act, 1888, s. 83, ante, p. 158. By the Local Government Act, s. 75 (16) (e), ante, p. 145, it is provided that nothing in the above section shall apply to the county council. 18.-(1.) The council shall from time to time appoint a fit person, not a member of the council, to be the treasurer of the borough. (2.) The treasurer shall hold office during the pleasure of the council. (3.) A vacancy in the office shall be filled within twenty-one days after its occurrence, (4.) The offices of town clerk and treasurer shall not be held by the same person. The Local Government Act, s. 75, ante, p. 145, provides that this section shall not apply to a county council unless that council so resolve; but if the county council so resolve, the above section is to supersede the existing enactments with respect to the county treasurer. 19. The council shall from time to time appoint such other officers as have been usually appointed in the borough, or as the council think necessary, and may at any time discontinue the appointment of any officer appearing to them not necessary to be re-appointed. In applying this section to a county council, the provisions of the Local Government Act, ss. 118, 119, ante, pp. 190-195, as to existing officers and compensation, must be borne in mind. By s. 120, if the county council abolish the office of any existing officer, they must pay him compensation. 20. The council shall require every officer appointed by them to Sect. 20. give such security as they think proper for the due execution of his Security by office, and shall allow him such remuneration as they think reasonable. and remuner ation of It is provided by the Local Government Act, s. 119, ante, p. 194, that officers. existing officers, i.e., officers transferred to the county councils under that Act, shall hold their offices by the same tenure, and upon the same terms and conditions, as if that Act had not passed. The above section, in so far as it applies to security, will not apply to an existing officer who has not hitherto given security. But upon new appointments to any offices security must be taken, the amount and nature of the security being in the discretion of the county council. officers. 21.-(1.) Every officer appointed by the council shall at such Accounttimes during the continuance of his office, or within three months ability of after his ceasing to hold it, and in such manner as the council direct, deliver to the council, or as they direct, a true account in writing of all matters committed to his charge, and of his receipts and payments, with vouchers, and a list of persons from whom money is due for purposes of this Act in connection with his office, showing the amount due from each. (2.) Every such officer shall pay all money due from him to the treasurer, or as the council direct. (3.) If any such officer (a.) Refuses or wilfully neglects to deliver any account or list which he ought to deliver, or any voucher relating (b.) After three days' notice in writing, signed by the town a court of summary jurisdiction having jurisdiction where the (4.) But nothing in this section shall affect any remedy by action against any such officer or his surety, except that the officer shall not be both sued by action and proceeded against summarily for the same cause. This section will apply to officers of the county council. The expression "court of summary jurisdiction" is defined by the Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 13 to mean any justice or justices of the peace or other magistrate by whatever name called, to whom jurisdiction is given by or who is authorized to act under the Summary Jurisdiction Acts, and whether acting under those Acts or under any other Act or by virtue of his commission or under the common law. |