PART IV. Public notice of sitting of court of Municipal Corporations Act.-1923. 60. The Town Clerk shall cause to be given, not less than seven revision to be given days previous, public notice of the time and place of the sitting of any court of revision in his Municipality. Ibid., s. 37. Proceedings at revision courts. Ibid., s. 38. Revised list to be citizens' roll. Ibid., s. 39. Alteration and amendment of citizens' roll. Ibid., s. 40. 606, 1894, s. 3. 1183, 1914, s. 11. 61. The court of revision (a) may examine persons upon oath respecting the said claims and objections and all matters connected with the revision of the said list; (b) shall, after hearing the best evidence of which the cases will admit, make the necessary additions to or erasures from the said list; (c) may, by an order under the hand of the Mayor or Town Clerk, award costs not exceeding Twenty Shillings against any person who prefers a claim or an objection which by the court is deemed frivolous; (d) may erase from the said list the name of any person who (f) may, where the name of any citizen is erroneously inserted (h) may correct any obvious clerical error in the said list. 62. (1) The said list when so revised shall, on or before the twentyfifth day of November in the year in which it was prepared, and at such other times as the Council in respect of any particular revision appoint, be signed by the Mayor and countersigned by the Town Clerk. (2) Such list, when so signed and countersigned, shall thereupon form the citizens' roll of the Municipality to which it relates. (3) The Town Clerk shall cause a sufficient number of copies of such list to be forthwith printed or otherwise made, and shall, on payment of a reasonable price for each copy, deliver copies thereof to any citizen applying for the same. 63. (1) On any alteration or amendment of the assessment-book by the insertion or omission of any name therein, the Council shall, except within seven days immediately preceding any election or any poll of citizens or ratepayers, alter or amend the citizens' roll so as to accord with the alteration or amendment of the assessmentbook. (2) Any Municipal Corporations Act.-1923. (2) Any person whose name is inserted in the said roll under this section shall, while his name remains therein, be a citizen and be entitled to vote at all elections and meetings and polls of citizens or ratepayers in the Municipality, under and subject to the provisions of this Act. PART IV. 64. (1) Any person who has been enrolled as a citizen on the Re-insertion of cercitizens' roll for any Municipality for at least six months, and whose tain names on roll. name has been removed from the said roll through inadvertence, 606, 1894, ss. 4 and 5 shall be entitled at any time, except within seven days immediately preceding an election, upon making a declaration in the form or to (part). the effect of the Third Schedule, to have his name reinserted on the Third Schedule. said roll, and shall thereupon be entitled to the same rights as if his name had not been removed from the roll. (2) If any person wilfully makes any false statement in any such declaration, he shall be guilty of a misdemeanor and be liable to imprisonment for any period not exceeding two years. PART V. ELECTION OF MAYOR, COUNCILLORS, AND AUDITORS. PART V. 65. (1) Subject to subsection (2) of section 41 the citizens of Election of Mayor, every Municipality shall, upon the first Saturday in December in Councillors, and every year Auditors. M.C. Act, 1890, s. 42. (a) elect one of their number to be Mayor of the Municipality 833, 1903. s. 4. for the ensuing year; and (b) elect an Auditor to fill the place of the retiring Auditor. (2) Subject as mentioned in subsection (1) hereof, the citizens. of each ward of such Municipality shall also, on the first Saturday in December in every year, elect a citizen of such Municipality to be a Councillor to fill the place of the retiring Councillor. (3) Elections shall be held at one polling-place for all the wards, or at a polling-place in each of the wards, as may be decided and appointed by the Council. 66. (1) The Council may appoint the Town Clerk or one of their Returning officer. number, not being a candidate, to preside as returning officer at M.C. Act, 1890, any election within the Municipality, and to have the conduct and control of the proceedings thereat. s. 43. 833, 1903, s. 4. (2) The Council may reimburse such returning officer all reason- Ibid., s. 33. able and necessary expenses incurred by him in the discharge of his duties, and shall pay him such remuneration as is fixed by the Council. Nomination PART V. Notice of day of nomination to be given. M.C. Act, 1890, 8. 44. Nomination, how made. Ibid., s. 45. Fourth Schedule. 1183, 1914, s. 12. Proceedings at Notice of adjournment. M.C. Act, 1890, s. 46 (part). Municipal Corporations Act.-1923. Nomination of Candidates. 67. (1) Ten clear days at the least before the first Saturday in December in every year, the Town Clerk shall cause public notice to be given of a place, day, and hour for the nomination of candidates for election to the offices of Mayor, Councillor, and Auditor. (2) Such day of nomination shall not be later than six days before the said first Saturday in December. 68. (1) The nomination papers of the Mayor, Councillors, and Auditor, respectively, shall be signed by two citizens and by the persons respectively nominated therein, in testimony of their consent to be nominated and to act if elected. (2) Such nomination papers shall be in the appropriate form in the Fourth Schedule, or as near thereto as circumstances will admit. (3) The returning officer shall not reject any nomination paper by reason only of an error in date, or any other defect which he considers immaterial. (4) No nomination shall be acted upon unless the nomination paper has been lodged in the office of the Town Clerk before noon of the day fixed for nominations as aforesaid. 69. The following provisions shall apply to proceedings on the day of nomination: (a) The returning officer or his deputy shall attend at noon, at the place fixed for such nomination, at which time and place he shall cause one or more nominations for each candidate lodged with the Town Clerk to be publicly opened and read aloud: (b) If there are such number of candidates so nominated as are required to be elected and no more, he shall declare such candidates to be duly elected: (c) If there are more than the necessary number of candidates nominated, he shall adjourn all further proceedings in respect of such election to the first Saturday in December next following. 70. (1) The returning officer or his deputy upon any such adjournment shall cause public notice to be given thereof. (2) Such notice shall state (a) the object of such adjournment; (b) the names of the several candidates ; (c) the offices for which such candidates are respectively nominated; and (d) the hour when and place or places where such election shall Voting take place. Municipal Corporations Act.-1923. Voting Rights. PART V. property in each 71. Every person whose name appears on the citizens' roll for Citizens may vote the time being in force may, subject to the provisions hereinafter separately for contained, vote at any election, and may give one vote for each ward ward. in respect of the property for which he is assessed therein and has M.C. Act, 1890, duly paid the rates for which he is liable according to the provisions hereof. 72. Whenever more than three joint tenants or tenants in common (b) If no such nomination is made and notice given as aforesaid, (c) In the event of there being more persons than one equally (d) In no case shall there be more than three votes recorded at s. 49 (part). public companies. 833, 1903, s. 32. 1517, 1922, s. 39. 73. While any ratable property in any ward is held by public Exercise of votes of companies, or bodies corporate, the directors of such companies, or bodies corporate shall have power to nominate, by writing, not later than the thirty-first day of August in any one year, one or more persons, not exceeding three in number, in any one ward to be enrolled on the citizens' roll, and such persons when so nominated and enrolled shall have and exercise the rights of voters. 74. (1) Notwithstanding anything herein before contained, when a person is enrolled on the citizens' roll for any ward of a Municipality and another person is also so enrolled for the same ward as agent, trustee, or attorney for the first-mentioned person, only one of such persons shall be entitled to vote by virtue of such enrolment at an election. The person to be allowed so to vote shall be the one who first claims to vote at such election. (2) When two or more persons are enrolled on the citizens' roll for any ward of a Municipality as the agents, trustees, or attorneys for the same person or persons, or one or some of them are so enrolled in one and another or others of them in another or others of those capacities, only one of the persons so enrolled shall be entitled to vote PART V. Rates to be paid prior to voting. M.C. Act, 1890, s. 50. Occupier's right to vote protected if he has paid rent to owner. Ibid., s. 51. Time up to which candidates may attend meetings. 606, 1894, s. 7. Copy of appropriate Ballot Act, 1862, Booths may be taking votes. Municipal Corporations Act.-1923. vote by virtue of such enrolment at an election, and his right so to vote shall be subject to subsection (1) hereof. The person (if any) to be allowed so to vote shall be the one who first claims to vote at such election. 5. (1) No citizen shall be entitled to vote at any election until he has paid all rates which have been declared six months previously, according to the provisions hereof, and which are then payable by him in respect of the property for which he claims to vote. (2) Any citizen, or collector of rates appointed under this Act, may object to any person attempting to vote who has not paid such rates. 76. No occupier of any ratable property, who produces a receipt showing that he has duly paid up all rent due to the owner thereof, shall be deprived of his right to vote as a ratepayer at any election by reason of the non-payment by the owner of any rate due for the property in respect of which such occupant claims to vote, and for which the owner has agreed with the tenant to pay the rates. Elections. . It shall be lawful for any candidate to attend any meeting of citizens held for electoral purposes not later than forty-eight hours before the opening of the poll. 78. The returning officer shall, before the day fixed for taking of votes, cause to be furnished, for use at each polling-place, a copy of that portion of the citizens' roll containing the names of persons entitled to vote at such polling-place, and shall under his hand certify such copy to be a true copy. 79. (1) At every election the returning officer, if it appears to erected or hired for him expedient, may cause booths to be erected, or rooms to be hired and used as such booths, at the several polling-places of the Municipality. Ibid., s. 4 (part). Returning officer may appoint deputies (2) Such booths shall be so divided and allotted into compartments as to the returning officer seems most convenient. 80. (1) The returning officer may appoint a deputy to act for to preside at the poll. him, and take the votes at each polling-place. ing-places. Ibid., s. 5. Election to be held before returning officer or deputy. Ibid., s. 7 (part). Hours during which the polling-booths shall be open. M.C. Act, 1890, s. 56. (2) Such deputy shall be appointed by writing under the hand of the said returning officer. 81. The election at each polling-place shall be held before the returning officer or deputy returning officer. 82. At every election the poll shall be open to voters at the hour of eight o'clock in the morning, and shall continue so open until all the votes of electors present in the polling-booth at the hour of seven in the evening have been taken, and shall then finally close. 83. The |