PART V. Any of the above acts to disqualify. Ibid., s. 15. Principals bound by acts of their agents. Ibid., s. 16. No action against candidate for costs Municipal Corporations Act, 1923. (g) The giving of any dinner, supper, breakfast, or other entertainment, at any place whatsoever, by a candidate, to any number of electors, with a view of influencing their votes. 93. The commission of any one of the above-mentioned acts shall, on proof thereof (a) render void the election of the person committing such act; and (b) disqualify him from being elected for the same office during the whole period that intervenes between the commission of the same and the time of the next annual election. 94. The acts of all authorised agents of a candidate shall, in matters connected with elections, be held to be the acts of their principal, provided that it is proved that such acts were committed with his knowledge or consent. 95. No action, suit, or other proceeding shall be maintainable or expenses of elec- against any person who has been a candidate at any election for or in respect of any costs or expenses whatsoever in, or about, or relating to such election. tion. Ibid., s. 19. Provision in the event of impediments of a formal nature. Ibid., s. 20. On failure of annual election and on extraordinary vacancy supple mentary election to be held. M.C. Act, 1890, s. 52. 96. (1) No election shall be held to be void in consequence solely of any delay in the holding of such election at the time appointed, or the absence of the returning officer, or any deputy returning officer, or any error on the part of any returning officer or deputy returning officer which does not affect the result of the election, or of any error or impediment of a mere formal nature. (2) Within the period of twenty days before or after the day appointed for the holding of any election, it shall be lawful for the Governor to extend the time allowed for the holding of such election, and to adopt or cause to be adopted such measures as may be necessary to remove any obstacle by which the due course of any election may be impeded, and to supply any deficiency that may otherwise affect the same. 97. (1) Whenever— Supplementary Elections. (a) the annual election of Mayor, Councillors, or Auditors from any cause, wholly or in part, fails to be made on the day appointed by this Act; (b) such election, being made, afterwards becomes wholly or in part void; or (c) an extraordinary vacancy occurs in any of the aforesaid offices; a supplementary election shall (except in the case provided for in section 98) be held. (2) The Municipal Corporations Act.-1923. (2) The Council shall come under no disability by reason of such failure, avoidance, or extraordinary vacancy. 98. Should the office of any member of the Council or any Auditor become vacant within two months before the first Saturday in December in any year, it shall not be necessary to fill such office by a supplementary election. election. 99. (1) Except in the case provided for by section 98, the Town Proceedings on Clerk immediately upon the happening of any whole or part failure supplementary or avoidance, or extraordinary vacancy mentioned in section 97, shall, by public notice, appoint a day not being earlier than seven days, nor later than fourteen days from such notice, for the nomination of the persons to be elected. (2) Such nomination shall take place on the day so appointed in like manner as at the annual elections. (3) If there are such number of candidates nominated as are required to be elected for the respective vacant offices and no more, the returning officer shall declare the persons so nominated to be elected. (4) If there are more candidates nominated than are required to be elected to fill any vacancy in the said offices, the returning officer shall adjourn all further proceedings in respect of the election until a day to be fixed by him for such election, not being less than six nor more than ten clear days from the day of nomination. (5) On the day so fixed, the election shall take place in like manner as at the annual election. 100. The Town Clerk shall give public notice of— (a) such adjournment and the object thereof; (b) the names of the several candidates, and the offices, and (in the case of wards) the wards for which they are respectively nominated; and (c) the hour when, and the place or places where, such election is to take place. M.C. Act, 1890, s. 53. Notice of adjourn. ment to be given. Ibid., s. 54. avoidance of supple 101. Whenever any supplementary election wholly or in part In case of failure or fails to be made, or becomes wholly or in part void, the Council may mentary election, elect any qualified person to the vacant office, whether he consents the Council may fill thereto or not; and the person so elected shall serve accordingly. up vacancies. 102. (1) When any person is elected for more than one office he Proceedings where shall not be considered elected for any until the same person elected for more than one office. (a) by notice in writing to the Council he elects for which Ibid., s. 57. office he will serve; or (b) in default of such notice for seven days after the election, PART V. Justice may proceed Notice to be given to persons elected. Ibid., s. 59. Declaration of office to be made by and Auditors before Mayor, Councillors, acting as such. Ibid., s. 60. Seventh Schedule. Ibid., s. 307, Schedule of Office of Mayor, &c., to be accepted by Ibid., s. 61 (part), Municipal Corporations Act.-1923. (2) The vacancy or vacancies for the office or offices for which he is elected and does not serve shall be filled up in the same manner as by this Act is directed with respect to any extraordinary vacancy. 103. If the Council fails to proceed, as by this Act directed, to the election of a Mayor, Councillors, or Auditor within fourteen days after any of the days or times appointed by this Act for any such election, any Justice resident within the Municipality may do every act necessary for the carrying out of such election, including the appointment of a day of nomination and of a returning officer; and in such case he shall, in the presence of at least four citizens, at an open meeting within the Municipality, of the time and place of holding which he has caused to be given to the Council three days' previous notice, cause to be had any ballot which is necessary for the purpose of deciding what Councillors and Auditor are to retire, and the ballot may be taken in the absence of any Councillor or Auditor interested. Notices to Persons Elected and Acceptance of Office. 104. The returning officer, through the Town Clerk, shall- (b) within fourteen days of the election, cause a notice of such 105. (1) No person appointed by Proclamation or elected to be Mayor, Councillor, or Auditor under this Act, shall act as such until he has made and subscribed before one of the Judges of the Supreme Court, or before any two Councillors, or a Justice, who are hereby respectively authorised to take the same, the declaration set forth in the Seventh Schedule. (2) Any person who acts as Mayor, Councillor, or Auditor without having made such declaration shall be liable to a penalty of not less nor more than Fifty Pounds. 106. Subject to sections 108 and 109, any person who has been making declaration. duly elected to the office of Mayor, Councillor, or Auditor shall accept such office by making and subscribing the declaration aforesaid within seven days after notice of his election, or if absent from the State at the time of election, within five days after his returning to the State, and before acting in his office. s. 307, Schedule of Penalties. (2) In default of such acceptance by a person who has been elected to the office of Mayor, such person shall pay to the Corporation a fine of not less nor more than Fifty Pounds. (3) In default of such acceptance by a person who has been elected to the office of Councillor, or Auditor, such person shall pay to the Corporation a fine of not less nor more than Twenty-five Pounds. 107. On Municipal Corporations Act.-1923. PART V. made in acceptance 107. On default being made in acceptance of any such office, On default being the same shall thereupon be deemed to be vacant, and shall be filled office becomes up in manner hereinbefore mentioned, with respect to extraordinary vacant. vacancies. 108. If any person elected to the office of Mayor, Councillor, or Auditor has already served in the office for which he is so elected (or paid the fine for not accepting such office) within five years next before the day on which he is so re-elected, he shall be exempted from accepting the same office if he claims such exemption within five days after notice of his election. Ibid., s. 61 (part). Persons who have exempt from accept 109. No person being a member or officer of the Parliament of Certain public officials exempt the State or holding any civil employment under the Govern- from accepting office. ment of the said State, or holding permanent military employment Ibid., s. 61 (part). under the Commonwealth, or being a military, naval, marine, commissariat, or ordnance officer, on full pay in His Majesty's service, shall be liable to serve in or to be fined for non-acceptance of any office under this Act. 110. Any person who acts as Mayor, Councillor, or Auditor without being duly qualified at the time of making the declaration required by section 105 shall be liable to a penalty of not more nor less than Fifty Pounds. Penalty for acting as Mayor, &c., without being duly qualified declaration. 111. The Council may, at their discretion, reduce the amount Council may remit of, or altogether remit, any such fine as mentioned in section 106 fines. by reason of any special circumstances attending the non-acceptance any office of the Corporation. of Offences at Elections. Ibid., s. 65 (part). ballot-boxes. 112. Any returning officer, or deputy returning officer, con- Returning officer victed of illegally tampering with the ballot-boxes at any election, tampering with shall be guilty of a misdemeanor, and be liable to pay a penalty Ballot Act, 1862, s. of not less than Fifty nor more than Two Hundred Pounds, and to 11 (part). imprisonment until the same is paid. 113. Every person who votes a second time, or offers to vote a second time, at the same election, for any Municipality or ward, or who personates any other person for the purpose of voting at such election, shall be guilty of misdemeanor, and liable to imprisonment for any term not exceeding six calendar months. 114. Any person who wilfully makes any false statement in any declaration made by virtue of section 90, shall be guilty of a misdemeanor, and be liable to imprisonment for any period not exceeding two years. Punishment for voting twice, or Ibid., s. 10. personating voters. Penalty for false statement in declaration. 606, 1894, s. 5 (part) Offences in respect to voting-papers and 115. (1) Every person who, in connection with any election-- Ipid.. s. 8. PART V. Municipal Corporations Act.-1923. (b) fraudulently destroys any voting-paper; (c) fraudulently obliterates or tampers with the initials of the returning officer or deputy returning officer on any voting-paper; (d) fraudulently places any cross against the names of any candidate on any voting-paper; (e) fraudulently strikes out the whole or any of the names of any candidate on any voting-paper; (f) fraudulently writes or stamps anything on any voting paper; (g) gives out to any elector or other person any voting-paper, knowing the same, or the initials of the returning officer or deputy returning officer thereon, to have been forged or counterfeited, or such initials, to have been obliterated or tampered with, or a cross to have been placed against the names of the candidate on such votingpaper, or any of the names of any candidate thereon to have been struck out, or which contains any writing or stamp thereon except the initials of the returning officer or deputy returning officer; (h) without due authority supplies any voting-paper to any person; (i) delivers any voting-paper to any person, knowing such person is not entitled to vote; (j) fraudulently puts into, or causes to be placed in, any ballotbox any paper other than the voting-paper which is authorised by law to be put therein; (k) fraudulently takes out of the polling-booth any voting paper; (1) refuses to deliver to the returning officer or deputy returning officer, or his substitute, any voting-paper in his possession, whether he has obtained such voting-paper for the purpose of recording his vote or not; or (m) wilfully destroys, takes, opens, or otherwise interferes shall be guilty of a misdemeanor, and if he is a returning officer, |