Municipal Corporations Act.-1923. PART III. being to be Justice of the Peace. M.C. Act, 1890, 35. Every Mayor for the time being shall, ex officio, be a Justice Mayor for time from the time when he has duly taken the oath of allegiance and the judicial oath prescribed by the "Promissory Oaths Acts, 1869 and 1911," before a Judge of the Supreme Court or a commissioner for taking affidavits in the Supreme Court. s. 62. 36. (1) Subject to subsection (2) of this section the following Disqualification for persons shall not be or continue members of any Council members of Council. Ibid., s. 22. (a) Any person who holds any office or place of profit (other 1183, 1914, s. 8. (c) Any person absent from the State at the time of election, (d) Any minor : (e) Any uncertificated insolvent. (2) No person shall be disqualified from being or continuing to be a member of the Council because by himself, his partner, or otherwise (a) he has an interest in a contract with the Council for advertisements or printing; (b) he has a share in any lease, sale, or purchase of land from or to the Council; (c) he has an interest in an agreement with the Council for the loan of money; or (d) he has an interest in any security for the payment of money; or because (e) he acts as returning officer under this Act, or receives remuneration for so acting; or (f) he is a proprietor, member, or shareholder of or in any public company incorporated under any Act of Parliament, or registered under any Act for registering JointStock Companies and limiting the liability of the members thereof which has entered into any contract with the Corporation. (3) No person being Mayor or Councillor and being a proprietor or shareholder in any such company, shall vote on any question relating to any contract in which such person or company is interested. 37. Any of the following causes shall create a vacancy in the Vacancies in office of office of Mayor or Councillor : Mayor or Councillor, how occasioned. 8. 23. (a) Death, being mentally defective, insolvency, the execution M.C. Act, 1890, of a statutory deed of assignment for the benefit of creditors, or compounding with creditors for less than twenty shillings in the pound: (b) Absence PART III. Appointment of Ibid., s. 24. Qualification and disqualification of Auditors. Ibid., s. 25. How vacancies in office of Auditor occasioned. Ibid., s. 26. Municipal Corporations Act.-1923. (b) Absence from the Council for three consecutive ordinary meetings without leave of the Council, followed by a resolution of the Council declaring the office vacant. which resolution the Council may, but are not bound to pass, within three weeks next after the expiration of the said three consecutive ordinary meetings: (c) Absence from the State for three consecutive months without leave of the Council: (d) Disqualification as hereinbefore provided: (e) Retirement by rotation as hereinafter provided: (f) The judgment or order of any competent Court or Justices declaring the office vacant on the ground that any Mayor or Councillor is not properly qualified, appointed, or elected, or declaring that any person ought not, from any cause hereby declared to disqualify, or from incapacity to act, or any other lawful cause, to hold, or continue to hold, office. Auditors. 38. There shall be two Auditors for every Corporation, who shall be elected in the same manner as the Mayor is to be elected. 39. (1) The qualification and disqualification for the office of Auditor shall be the same as in the case of a Councillor, except that the Auditors need not be citizens within the Municipality. (2) No Councillor shall be Auditor for a Corporation of the Council of which he is a member. (3) Any Auditor if otherwise qualified may be elected a member of the Council of the Corporation for which he is Auditor, and shall thereupon cease to be an Auditor. 40. Any of the following causes shall create a vacancy in the office of Auditor : (a) Death, being mentally defective, or insolvency: (b) Absence from the State at the time appointed for balancing the Corporation accounts, or non-attendance at any audit after seven days' notice in writing has been given to any Auditor, or left at his last-known or usual place of abode in the State, of the time and place appointed for the audit: (c) The judgment or order of any competent Court or Justices declaring the office vacant on the ground that an Auditor is not properly qualified or elected, or declaring that any person ought not, from any cause hereby declared to disqualify, or from incapacity to act, or any other lawful cause, to hold, or continue to hold, the office of Auditor. Retirement Municipal Corporations Act.-1923. Retirement of Mayor, Councillors, and Auditors. 41. (1) On the first Saturday in December in every year the Mayor and one Councillor of each ward, and one Auditor of every Corporation (subject as regards Auditors as mentioned in section 469) shall go out of office, but shall, if then qualified, be eligible for re-election. PART III. Mayor and one Coun cillor for each ward, and one Auditor, to go out of office on December in each first Saturday in year. Ibid., s. 27. (2) This section shall not apply to any Corporation proclaimed 833, 1903, s. 5. after the twenty-third day of December, eighteen hundred and ninety, until one year after the date of the Proclamation creating such Corporation. 42. The Councillors and Auditors so to retire shall be those who have been the longest in office without re-election, but in cases when the period of office is equal they shall retire by ballot. 43. (1) Every person elected to supply any extraordinary vacancy in the office of Mayor, Councillor, or Auditor shall, for the purposes of retirement, be deemed to have been elected when his immediate predecessor in office was elected, and shall retire accordingly. (2) Any such person so retiring shall be capable of being forthwith re-elected if then duly qualified. Filling of Vacancies occurring before First Election. Retirement of Coun- s. 28. Retirement of person elected to fill extraIbid., s. 29. ordinary vacancy. Proclamation, ap vacancies before 44. The Governor may, by Proclamation, from time to time, on Governor may, by a petition of a majority of the Council, appoint any person or persons point persons to fill to fill any vacancy or vacancies occurring in the office of Mayor, extraordinary Councillors, or Auditors in any Municipality constituted or created pursuant to the powers contained in Division I. of Part II. before the time appointed by this Act for the first election in such Municipality. first election. 45. Every such Proclamation as last aforesaid may issue forth- Such Proclamation with after the receipt of the petition, and shall be published once in may issue forthwith. the Gazette, and after such publication the person or persons therein Ibid., s. 19. named shall hold office until the first election in the Municipality. Offences by Mayor, Councillors, and Auditors. 46. Any person who acts as Mayor, Councillor, or Auditor-- shall be liable to a penalty of not more nor less than Fifty Pounds. 47. If the Mayor is absent from the Council meetings for more than two calendar months without leave of the Council, he shall be liable to a penalty of not less nor more than Fifty Pounds. Acting as Mayor, Mayor absent from council meetings for more than two months. 48. If Ibid., Schedule of Penalties. PART III. Councillor absent from Council meetings for more than three months. Ibid. Auditor absent from more than six months. Ibid. Resignation of office on payment of fine. Municipal Corporations Act.-1923. 48. If any Councillor is absent from the Council meetings for more than three calendar months (except in case of illness) without the leave of the Council, he shall be liable to a penalty of not less nor more than Twenty-five Pounds. 49. If any Auditor is absent from the Municipality for more than six months without the leave of the Council, he shall be liable to a penalty of not less nor more than Twenty-five Pounds. 50. Any person elected to any office in a Corporation may, at M.C. Act, 1890. s. 63. any time, resign such office on payment of the fine which he would have been liable to pay for non-acceptance of such office. Persons disqualified by absence from State liable to fine. Council may reduce or remit fines. Ibid., s. 65 (part). 51. Any person who becomes disqualified from holding any office by reason of absence from the State shall be liable to the same fine as if he had refused to accept such office. 52. The Council may, at their discretion, reduce the amount of, or altogether remit any fine mentioned in sections 50 and 51 by reason of any special circumstances attending the resignation or vacation by absence of any office of the Corporation. PART IV. Qualification to be enrolled as citizen. M.C. Act, 1890, 8. 30. 1517, 1922, s. 7 Disqualification of aliens. M.C. Act 1890, s. 31. 1033, 1910, s. 34. 1183, 1914, s. 10. PART IV. QUALIFICATION, DISQUALIFICATION, AND ENROLMENT 53. Every person of full age who, on the first day of October in any year, is seized of or occupies any ratable property within any Municipality, either as owner or occupier, and whose name as such owner or occupier is inserted in the assessment hereinafter directed to be made, shall be a citizen and a member of the Corporation of such Municipality, and be entitled to be enrolled on the citizens' roll and to vote at all elections and meetings and polls of citizens in such Municipality under and subject to the provisions of this Act: Provided that, as regards any Municipality in which Division III. of Part XXIII. is in operation, no person shall be entitled to vote at a meeting or poll of citizens to consent to a loan or rate or a poll under section 446, unless his name is inserted in the assessment as the owner of ratable property within such Municipality. 54. No alien shall be entitled to be enrolled on the citizens' roll of any Municipality. 55. On Municipal Corporations Act.-1923. PART IV. 55. On or before the first day of October in each year, and at List of citizens to be such other times as the Council direct, the Town Clerk of every M.C. Act, 1890, prepared. Municipality shall cause (a) an alphabetical list of all persons entitled to be enrolled as citizens under the provisions of this Act in each of the wards in such Municipality to be prepared; (b) a sufficient number of copies of such list to be forthwith printed or copied; and (c) one of such copies to be affixed on a conspicuous building or place in each ward. s. 32. of and objections to 56. Any citizen whose name has been omitted from such list Claims for insertion may claim to have it inserted therein, and any citizen whose name names on list. appears in such list may object to any other person as not being Ibid., s. 33. entitled to have his name retained therein. to be made. 57. (1) Every claim by a citizen to have his name inserted in Form of claims and such list, and every objection by a citizen to the name of any other objections, and when person being retained on such list, shall be respectively in the forms Ibid., s. 34. specified in the Second Schedule. (2) No claim or objection shall be available at the revision court hereinafter directed to be held on the fifteenth day of November, unless the same has been lodged in the office of the Town Clerk (as respects claims) not later than the first, and (as respects objections) not later than the third day of November in the year in which such list is prepared. (3) No claim or objection shall be available at any other court of revision unless the same has been lodged in the office of the Town Clerk at the time prescribed by the council by public notice. 58. The Town Clerk shall (a) cause alphabetical lists of all such claims and objections (b) cause such lists to be exhibited in some conspicuous place (c) give public notice of the preparation of such lists and of the Second Schedule. Alphabetical lists of claims and objections to be exhibited in each ward seven days before revision. Ibid., s. 35. 59. (1) The Council shall constitute an open court for the revision Council to be court of the citizens' list of the Municipality, and for hearing and deter- of revision. mining the claims of the citizens thereof to be inserted in such list, Ibid., s. 36. and the objections of any citizens to any person's name being retained thereon. (2) Such court shall sit for the purposes aforesaid on the fifteenth day of November in every year, and at such other times (if any) as such Council from time to time appoint. 60. The |