Sect. 50.

Borough and ward elections.

Title to vote.

Day of election.

Returning officer at election.

Election of Councillors.

50.-(1.) Where a borough has no wards, there shall be one election of councillors for the whole borough.

(2.) Where a borough has wards, there shall be a separate election of councillors for each ward.

51.-(1.) At an election of councillors a person shall be entitled to subscribe a nomination paper (a), and to demand and receive a voting paper, and to vote, if he is enrolled in the burgess roll, or, in the case of a ward election, the ward roll, and not otherwise.

(2.) No person shall subscribe a nomination paper in or for more than one ward, or vote in more than one ward (b).

(3.) Nothing in this section shall entitle any person to do any act therein mentioned who is prohibited by law from doing it, or relieve him from any penalty to which he may be liable for doing it.

(a) See Third Schedule, Part II. Rules 3 and 10, and the notes thereon.

(b) Notwithstanding the provisions of sub-sect. 6 of sect. 45, it will. happen that a burgess is enrolled in more than one ward. By subscribing a nomination paper, or voting in one ward, he makes his selection, and cannot afterwards nominate or vote in another ward. As to nomination, see The Queen v. Parkinson, L. R. 3 Q. B. 11; and as to voting, see Reg. v. Tugwell, L. R. 3 Q. B. 704, 713; Reg. v. Harrald, L. R. 8 Q. B. 418. See also sub-sect. 14 of sect. 28 of 41 & 42 Vict. c. 26, in the Appendix.

52. The ordinary day of election of councillors shall

be the first of November.

53.-(1.) At an election of councillors for a whole borough the returning officer shall be the mayor (a).

(2.) At an election for a ward the returning officer shall be an alderman assigned for that purpose by the council at the meeting of the ninth of November (6).

(a) See sect. 67 as to course to be pursued when mayor is disqualified.

(b) The alderman was formerly chosen by the councillors of the ward. As to the 9th falling on a Sunday, see sect. 230.

An action will lie against the mayor or the presiding officer for a breach of any duty imposed on him. (See Pickering v. James, L. R. 8 C. P. 489; 42 L. J. C. P. 217; see also Woodward v. Sarsons, L. R. 10 C. P. 733; 44 L. J. C. P. 293.)

Note

Sect. 53.

election.

54. Nine days at least (a) before the day for the Notice of election of a councillor, the town clerk shall prepare and sign a notice thereof, and publish it by fixing it on the town hall (b), and, in the case of a ward election, in some conspicuous place in the ward.

(a) The nine days are exclusive of the day of the notice. As to Sunday, see sect. 230.

(b) See sect. 232 as to the place where this notice may be fixed.

candidates.

55. The nomination of candidates for the office of Nomination of councillor shall be conducted in accordance with the rules in Part II. of the Third Schedule.

nomination

56.-(1.) If the number of valid nominations exceeds Relation of that of the vacancies, the councillors shall be elected from to election. among the persons nominated.

(2.) If the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected.

(3.) If the number of valid nominations is less than that of the vacancies, the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number.

(4.) If there is no valid nomination, the retiring councillors shall be deemed to be re-elected.

uncontested

57. If an election of councillors is not contested, the Publication of returning officer shall publish a list of the persons elected election. not later than eleven o'clock in the morning on the day

of election.

Sect. 58.

at contested election.

c. 33.

58.-(1.) If an election of councillors is contested, the

Mode of con- poll shall, as far as circumstances admit, be conducted as ducting poll the poll at a contested parliamentary election is by the Ballot Act, 1872, directed to be conducted, and subject to 35 & 36 Vict. the modifications expressed in Part III. of the Third Schedule, and to the other provisions of this Act, the provisions of the Ballot Act, 1872, relating to a poll at a parliamentary election (including the provisions relating to the duties of the returning officer after the close of the poll), shall apply to a poll at an election of councillors.

(2.) Every person entitled to vote may vote for any number of candidates not exceeding the number of vacancies.

(3.) The poll shall commence at nine o'clock in the forenoon and close at four o'clock in the afternoon of the same day.

(4.) But if one hour elapses during which no vote is tendered, and the returning officer has not received notice that any person has within that hour been prevented from coming to the poll by any riot, violence, or other unlawful means, the returning officer may, if he thinks fit, close the poll at any time before four o'clock.

(5.) Where an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer, whether entitled or not to vote in the first instance, may give such additional vote by word of mouth or in writing.

(6.) Nothing in the Ballot Act, 1872, as applied by this Act, shall be deemed to authorise the appointment of any agents of a candidate at a municipal election; but if, in the case of a municipal election, an agent of a candidate is appointed, and notice in writing of the appointment is given to the returning officer, one clear day before the polling day, then the provisions of the Ballot Act, 1872, with respect to agents of candidates, shall, as far as regards that agent, apply in the case of that election.

put to voters.

59.-(1.) At an election of councillors, the presiding Sect. 59. officer shall, if required by two burgesses, or by a candi- Questions which may be date or his agent (a), put to any person offering to vote, at the time of his presenting himself to vote (b), but not afterwards, the following questions, or either of them: (a.) Are you the person enrolled in the burgess [or ward] roll now in force for this borough [or ward] as follows [read the whole entry from the roll]? (c)

(b.) Have you already voted at the present election [add, in case of an election for several wards, in this or

any other ward]? (d)

(2.) The vote of a person required to answer either of these questions shall not be received until he has answered it (e).

(3.) If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanor.

(4.) Save as by this Act authorized, no inquiry shall be permitted at an election as to the right of any person to

vote.

(a) The presiding officer cannot put the questions of his own motion. There must be a request by two burgesses, or a candidate or his agent. The words in italics have been added, and render it unnecessary to have two burgesses in every polling department to represent each candidate.

(b) That is when he asks for a ballot paper. After the ballot paper has been handed to the burgess will be too late.

(c) For the provision of the Ballot Act, 1872, as to personation, see Appendix.

(d) For the provisions of the Ballot Act, 1872, as to the procedure when a second person offers to vote in the name of one who has already voted, see Appendix.

(e) That is, answered satisfactorily-the first question affirmatively, and the second negatively.

Election of Aldermen.

mode of

60.-(1.) The ordinary day of election of aldermen Time and shall be the ninth of November (a), and the election election of shall be held at the quarterly meeting of the council (b). aldermen. (2.) The election shall be held immediately after the election of the mayor, or, if there is a sheriff, the appointment of the sheriff (c).

H

Sect. 60.

Time and mode of

election of mayor,

(3.) An outgoing alderman, although mayor elect (d), shall not vote.

(4.) Every person entitled to vote may vote for any number of persons not exceeding the number of vacancies, by signing and personally delivering at the meeting to the chairman a voting paper containing the surnames and other names and places of abode and descriptions of the persons for whom he votes (e).

(5.) The chairman, as soon as all the voting papers have been delivered to him, shall openly produce and read them, or cause them to be read, and then deliver them to the town clerk to be kept for twelve months.

(6.) In case of equality of votes the chairman, although as an outgoing alderman or otherwise not entitled to vote in the first instance, shall have the casting vote.

(7.) The persons, not exceeding the number of vacancies, who have the greatest number of voters, shall be declared by the chairman to be, and thereupon shall be, elected (f).

(a) When the ninth falls on a Sunday, &c., the election must take place the next day. (See sect. 230.)

(b) If there is a special meeting of the council on the same day as the quarterly meeting, the election cannot be held at such meeting; but at the quarterly meeting at noon.

(c) The out-going aldermen are, however, entitled to vote in the election of the mayor and sheriff, and it makes no difference that an out-going alderman is the candidate. (Reg. v. Maddy, 11 A. & E. 869, 886.)

(d) The expression "mayor elect" is usually confined to the mayor who has been elected, but has not yet qualified. If an out-going alderman should be elected mayor, and should take office, it is presumed that he would form an integral part of the council and be entitled to vote.

(e) See sect. 241 as to misnomer and inaccurate description of any person or place in a voting paper and the notes thereon.

(f) The method of election here set forth must be strictly followed. There is a growing desire on the part of councils to enter upon a preliminary discussion, and with this view to propose in open council certain persons as candidates for the vacant chairs. The Act does not authorize any such procedure; but observations of a general character have been allowed, in some instances on a motion for the "adjournment of the hall," but this is a dangerous practice.

Election of Mayor.

61.-(1.) The ordinary day of election of mayor shall be the ninth of November (a).