Sect. 61. ordinary day of election of chairman of a county council and the date of the quarterly meeting, see note (b) to s. 60, ante. NOTE. Time and mode of (b) An outgoing alderman is eligible. See s. 15, sub-s. (2), ante, p. 256. But this sub-section will not apply to a county council. See the Local Government Act, 1888, s. 75 (10), ante, p. 143. (c) This sub-section does not prevent the chairman from voting in the first instance unless he is otherwise disqualified. See Nell v. Longbottom, cited in the note to the preceding section. Election of Auditors and Assessors. 62.-(1.) The ordinary day of election of elective auditors shall be the first of March, or such other day as the council, with auditors and the approval of the Local Government Board, from time to time election of assessors. Right of women to vote. appoint. (2.) The ordinary day of election of revising assessors shall be the first of March. (3.) If the election of elective auditors and that of revising assessors are held at the same time, then at the poll one voting paper only shall be used by any person voting. The names of the candidates for the respective offices shall be therein separate, and distinguished so as to show the office for which each is a candidate, and the provisions of the Ballot Act, 1872, shall be varied accordingly; but in the counting of the votes every voting paper shall be deemed to be a separate voting paper in respect of each office, and any objections thereto shall be considered and dealt with accordingly. (4.) An elector shall not vote for more than one person to be elective auditor or revising assessor. (5.) Elections of elective auditors and of revising assessors shall be held at the town hall or some one other convenient place appointed by the mayor. (6.) Save as in this section provided, all the provisions of this Act with respect to the nomination and election of councillors for a borough not having wards shall apply to the nomination and election of elective auditors and revising assessors. It is provided by the Local Government Act, s. 75 (16) (b), ante, p. 145, that the provisions of this Act as to borough auditors shall not apply to county councils. Revising assessors are no longer to be elected in any borough. See the note to s. 29, ante, p. 268. Supplemental and Exceptional Provisions. 63. For all purposes connected with and having reference to the right to vote at municipal elections words in this Act importing the masculine gender include women. The County Electors Act, 1888, s. 2, extends the provisions of this section to so much of every county as is not comprised within the limits of a municipal borough. Women are therefore qualified to be enrolled and to vote as that she is not a person within s. 11. See the judgments in Flintham v. Rox- Sect. 63. NOTE. districts. 64. The council may divide the borough or any ward into Polling polling districts, and thereupon the overseers shall, so far as practicable, make out the parish burgess lists so as to divide the names in conformity with the polling districts. This section enables a county council to divide any electoral division into polling districts. In a parish which is not within a municipal borough, the lists of voters are to be framed in parts for polling districts and electoral divisions, and for urban districts and for wards in such a manner that the parts may be conveniently compiled or put together to serve as lists for polling districts and elections in urban districts and as electoral division or ward lists. See the County Electors Act, 1888, s. 4, sub-s. (2), amended by the Local Government Act, s. 76, ante, p. 147. elections. 65. Any notice required to be given in connection with a Notices as to municipal election may, as to elective auditors and revising assessors, be comprised in one notice, and may, as toward elections, comprise matter necessary for several wards. The provisions as to elective auditors do not apply to elections of county councillors, and revising assessors are no longer to be elected. See the note to s. 62, ante. The provision as to notices will, however, apply to elections of county councillors, and will enable one notice to be given comprising matter necessary for several electoral divisions. 66.-(1.) On a casual vacancy in a corporate office, the election Time for filling casual shall be held within fourteen days after notice in writing of the vacancies. vacancy has been given to the mayor or town clerk by two burgesses. (2.) Where the office vacant is that of mayor, the notice of the meeting for the election shall be signed by the town clerk. (3.) In other cases the day of election shall be fixed by the mayor. As to the holding of elections to fill casual vacancies, see s. 40, ante, p. 277. For a case where there was no valid nomination to fill a casual vacancy, see R. v. Stratford-upon-Avon, ante, p. 286. The notice of a casual vacancy may be given by any two burgesses or county electors. It may be given in county councils to the chairman or clerk of the council. Where a person has been elected and has resigned, the new election Sect. 66. NOTE. Illness, etc. of mayor or returning officer. Election of councillor in more than one ward. Elections not in churches. Omission to hold election or election void. may be within fourteen days after notice under this section. R. v. Bester, 3 L. T. (N.s.) 667 ; 9 W. R. 277; 7 Jur. (N.s.) 262. It seems that the word "mayor " in sub-s. (1) must be read as "chairman of the county council," but whether this be so or not the word must be read as standing for "returning officer" in sub-s. (3). See the Local Government Act, s. 75, ante, p. 142. 67. (1.) If the mayor is dead, or is absent, or otherwise incapable of acting in the execution of his powers and duties as to elections under this Act, the council shall forthwith choose an alderman to execute those powers and duties in the place of the mayor. (2.) In case of the illness, absence, or incapacity to act of the alderman assigned to be returning officer at a ward election, the mayor may appoint to act in his stead another alderman, or, if the number of aldermen does not exceed the number of wards, a councillor, not being a councillor for that ward, and not being enrolled in the ward roll for that ward. This section does not apply to county councils, unless it is read as an express provision that in case of the death, etc., of the county returning officer the county council may appoint another person in his stead. The county council appoint the county returning officer under s. 75 (2) of the Local Government Act, ante, p. 141, and there seems to be no reason why they should not, without the aid of this section, appoint another person in case of his death, etc. Sub-s. (2) cannot apply, for the county returning officer is to be substituted for the alderman as well as for the mayor. See the note to s. 53, ante, p. 284. 68. If a person is elected councillor in more than one ward, he shall, within three days after notice thereof, choose, by writing signed by him and delivered to the town clerk, or in his default the mayor shall, within three days after the time for choice has expired, declare for which of those wards he shall serve, and the choice or declaration shall be conclusive. The reference to the mayor and town clerk must be read as a reference to the returning officer, having regard to the Local Government Act, s. 75, sub-ss. (4) and (5), ante, p. 142. Upon the declaration being made a casual vacancy will be created in the division or ward for which the councillor has elected not to serve. As to the filling up of such casual vacancies, see s. 40, ante, p. 277; s. 66, ante, p. 291. 69. A municipal election shall not be held in any church, chapel, or other place of public worship. 70.-(1.) If a municipal election is not held on the appointed day, or within the appointed time, it may be held on the day next after that day or the expiration of that time. (2.) If a municipal election is not held on the appointed day, or within the appointed time, or on the day next after that day or the expiration of that time, or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from Sect. 70 (2). electing, but the High Court may, on motion, grant a mandamus for the election to be held on a day appointed by the court (a). (3.) Thereupon public notice of the election shall, by such person as the court directs, be fixed on the town hall (b), and shall be kept so fixed for at least six days before the day appointed for the election; and in all other respects the election shall be conducted as directed by this Act respecting ordinary elections. (a) For cases where mandamus was granted, see the notes to s. 56, ante, p. 286; s. 58, pp. 287-288. (b) See s. 231, post. In the election of county councillors the notice may be fixed in a conspicuous place in the division. to be in 71.- (1.) If a parish burgess list is not made or revised in due Burgess roll time, the corresponding part of the burgess roll in operation operation before the time appointed for the revision shall be the parish until revision burgess list until a burgess list for the parish has been revised and become part of the burgess roll. (2.) If a burgess roll is not made in due time, the burgess roll in force before the time appointed for the revision shall continue in force until the new burgess roll is made. The above section is expressly applied to elections of county councillors by s. 7 of the County Electors Act, 1888. See that section, post. As to the dates on which the burgess roll and the county register come into operation, see s. 45, sub-s. (2), and note (e) ante, p. 280. of new bur gess roll. rules. 72. An election shall not be invalidated by non-compliance Non-compliwith the rules in the Third Schedule, or mistake in the use of the ance with forms in the Eighth Schedule, if it appears to the court having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act. See Sched. 3, post. Schedule 8 is not incorporated by the Local Government Act except as to the Forms of Declaration in Part I. The deputy returning officer for an electoral division of a county supplied for use at an election of a county councillor printed nomination forms in which the name of the division did not appear, but space was left for it. A candidate was nominated by one of such forms, which was signed by the nominators and delivered to the officers without the name of the division having been inserted. It was held that the omission was a mistake in the use of the form within the above section. Marton v. Gorrill, 23 Q. B. D. 139 ; 58 L. J. Q. B. 329; 60 L. T. (N.s.) 867; 54 J. P. 181; 5 T. L. R. 443. And see the cases cited in the note to s. 241, post. unless 73. Every municipal election not called in question within twelve Election valid months after the election, either by election petition or by informa- questioned tion in the nature of a quo warranto, shall be deemed to have been within twelve to all intents a good and valid election. Although an election may not have been questioned within the twelve months above mentioned, yet an unqualified person who has been elected will months. Sect. 73. NOTE. Offences in relation to nomination papers. Offences in relation to lists and elections. not be able to take his seat, and will be liable to penalties under s. 41, ante, p. 278, if he acts in the office. See De Souza v. Cobden, [1891] 1 Q. B. 687; 60 L. J. Q. B. 533; 65 L. T. (N.s.) 130; 39 W. R. 454 ; 55 J. P. 565 ; 7 T. L. R. 441. A municipal election must be questioned by means of an election petition, and cannot be questioned by quo warranto on any of the grounds mentioned in s. 87, post. That section does not, however, apply to prevent proceedings in the nature of quo warranto against a person who has been duly elected and subsequently becomes disqualified. As to the time within which and the manner in which proceedings by way of quo warranto must be taken, see s. 225, post. 74.-(1.) If any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the town clerk any forged nomination paper, knowing it to be forged, he shall be guilty of 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. Where a person signed the name of a voter to a paper with the consent of the voter's wife, but without his knowledge and believing that he might do so, it was held that he could not be convicted of fabricating the voting paper within the meaning of 21 & 22 Vict. c. 98, s. 13. Aberdare Local Board v. Hammett, L. R. 10 Q. B. 162; 44 L. J. M. C. 49; 32 L. T. (N.s.) 20; 39 J. P. 69. The respondent, a candidate at a local board election, called at the house of a voter to whom a voting paper had been sent, and asked her how she intended to vote, and to hand him the voting paper, which she did. He then inquired if she knew how to fill it up, and she replied in the affirmative. The respondent thereupon, without any authority, express or implied, from the voter, wrote in pencil the initials of the voter against his own name. The voter objected to his doing so. The respondent left the voting paper with the voter with her initials so written by him against his own name, but with no other mark upon it. The voter subsequently struck out the initials so written by the respondent and placed his initials against the names of three other candidates, and signed her own name to the voting paper. It was found that the respondent so pencilled the initials of the voter with the intent of indicating on her behalf that she intended to vote for him, and of inducing and procuring her to vote for him. The respondent was successful at the poll. A petition was presented against his return, on the ground of illegal practices, inter alia, of fabricating in whole or in part a voting paper, and of falsely assuming to act in the name or on behalf of a voter. It was held that the act of the respondent did not amount to a fabrication in whole or in part of the voting paper, nor to falsely assuming to act in the name or on behalf of the voter. Gough v. Murdoch, 57 L. T. (N.s.) 308; 35 W. R. 836; 51 J. P. 471. See also Bell v. Morsar, 40 L. T. (N.s.) 128 ; 43 J. P. 174. 75.-(1.) If a mayor or revising assessor neglects or refuses to revise a parish burgess list (a), or a mayor or alderman (b) neglects or refuses to conduct or declare an election, as required by this Act, he shall for every such offence be liable to a fine not exceeding one hundred pounds, recoverable by action (c). |