And the expenses and receipts of an area exclusively municipal shall be defrayed out of and paid to the borough fund of the municipal borough comprising such area:

Any expenses and receipts incurred or arising in respect of more than one such area shall be apportioned between the several areas in respect of which they are incurred or arise, in the proportion as nearly as may be in which the same are incurred and arise in respect of the several areas, regard being had to the number of parliamentary voters or burgesses in each area, or any other circumstances occasioning the expenses or giving rise to the receipts:

The revising barrister shall, as part of the business of the revision, determine, if necessary, in respect of what area or areas any expenses or receipts are incurred or arise, and how much thereof is attributable to each area.

The remuneration of the revising barrister shall be paid as heretofore under the Parliamentary Registration Acts: Provided always, that in the case of a municipal borough whose burgess lists are revised under this Act, there shall be paid out of the borough fund to the revising barrister, by way of additional remuneration in respect of his additional work on account of the municipal revision for such municipal borough, a remuneration at the rate mentioned in the third section of the Municipal Corporations Act, 1859.

Separate list of persons qualified to be Councillors but not to be Burgesses.

49.-(1.) The overseers of each parish shall at the same time that they make the parish burgess list make a list of the persons entitled in respect of the occupation of property in that parish to be elected councillors, as being resident within fifteen miles although beyond seven miles from the borough.'

(2.) The provisions of this Act as to the parish burgess lists, and claims and objections relating thereto, and the revision of those lists shall, as nearly as circumstances admit, apply to the lists made under this section.2

(3.) The town clerk shall arrange the names entered in these lists, when revised, in alphabetical order as a separate list (in this Act called the separate non-resident list), with an appropriate heading, at the end of the burgess roll.

1 As to the qualification as councillors of persons resident beyond seven miles but within fifteen miles of the borough, see sec. 11 (2) (6).

With respect to the mode in which the distance referred to is to be measured, see sec. 231.

As to what constitutes "residence," see notes to sec. 9 (2) (c).

For provisions of the Act as to parish burgess lists, claims and objections, and the revision of the lists, see secs. 44, 45, and 46.

ELECTION

OF

COUNCILLORS.

Borough and Ward Elections.

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.

Although, when a borough is divided into wards, there is to be a separate election of councillors for each ward, any notice required to be given may, as to ward elections, comprise matters necessary for several wards. See sec. 65.

Title to Vote.

51.—(1.) At an election of councillors a person shall be entitled to subscribe a nomination paper, 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.1

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

(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.

1 For rules as to nominations, see Third Schedule, Part II., p. 221. For form of nomination paper, see Form I., in Eighth Schedule, p. 236. 2 A burgess is not to be enrolled in more than one ward roll. See sec. 45 (6.) With reference to the provision in the 5 & 6 Wm. 4, c. 76, s. 44, that if any burgess should be rated in respect of distinct premises in two or more wards, he should be entitled to be enrolled and to vote in such one of the said wards as he should select, but not in more than one, it was held in R. v. Tugwell, L. R. 3 Q. B. 704, that where a burgess appeared on the roll for two wards of a borough (no objection having been made at the revision), and voted in one of the wards, the vote was valid. In R. v. Harrald, L. R., 8 Q. B. 418; 42 L. J., Q. B. 211; 28 L. T., N S. 767; 21 W. R., 910, a burgess who was on the roll for two wards, at the election of town councillors, voted for H. in one ward, and immediately afterwards voted in the other ward. It was held that the vote for H. was good, and that the fact of his voting afterwards in the other ward could not vitiate his previous vote.

Day of Election.

52. The ordinary day of election of councillors shall be the first of November.

If the Ist of November is a Sunday, or a day appointed for public fast, humiliation or thanksgiving, the day of election will be the next day afterwards not being a Sunday, or a day appointed for public fast, &c., as the case may be. Sec. 230.

As to the case of an election not being held on the appointed day, or becoming void, see sec. 70.

Returning Officer at Election.

53. (1.) At an election of councillors for a whole borough the returning officer shall be the mayor1

(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.2

The mayor when returning officer cannot return himself as an elected councillor; if he does so the election is void. R. v. Owens, 2 E. & E. 86; 28 L. J., Q. B. 316; 33 L. T., 257; 5 Jur., N.S. 764; R. v. Blizard, L. R., 2 Q. B. 55; 36 L. J., Q. B. 18; 15 L. T., N.S. 242.

See also R. v. White, L. R. 2 Q. B. 557; 36 L. J., Q. B. 267. In that case which referred to a borough not divided into wards, the mayor on the 25th of October, was nominated as a candidate for re-election as a councillor. On the 29th of October, the council appointed one of the aldermen to execute the duties of the mayor with regard to the election. The alderman performed the duties of returning officer, and the mayor was returned as duly elected. It was held that the mayor was not disqualified from being a candidate for the office, and that when the mayor being ex officio returning officer was a candidate, he became incapable of performing the functions of returning officer at the election, and the appointment by the council of a substitute to act in the place of the mayor was valid.

2 As to the appointment of an alderman to execute the powers and duties with regard to the election when the mayor is dead, or is absent, or otherwise incapable of acting, see sec. 67.

In the 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. Sec. 67 (2.)

An election of a person to a corporate office is not to be liable to be questioned by reason of a defect in the title, or want of title, of the person before whom the election was held, if that person was then in actual possession of, or acting in, the office giving the right to preside at the election. Sec. 42 (2).

Notice of Election.

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

As to the computation of the time, "nine days at least before the day for the election," see sec. 230.

In Howes v. Turner, L. R., 1 C. P. D. 670; 45 L. J., C. P. 550; 35 L. T., 58; the town clerk having in the notice directed candidates to deliver their nomination papers on a day which was too late, the election was held to be void.

With reference to notices to be "fixed on town hall," see sec. 232.

As to form of notice of election, see Form H. in the Eighth Schedule, p. 235.

Nomination of Candidates.

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

Relation of Nomination to Election.

56.-(1.) If the number of valid nominations exceeds that of the vacancies, the councillors shall be elected from 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.

As to the decision on the validity of the nominations, see Rules 9 and 14 in Third Schedule, Part II., pp. 223, 224.

In R. v. Mayor of Welshpool, 35 L. T., N.S. 594, J., a town councillor, whose term of office would expire by lapse of time on the 1st of November, 1876, filed a petition for liquidation on the 29th June, 1876, and on the 29th July, 1876, a statutory meeting of his creditors, by special resolution, declared that his affairs should be liquidated by arrangement, and that his discharge should be granted to him on the 29th September, 1876. His affairs were so liquidated and he obtained his certificate of discharge. The town council took no action with regard to declaring the office void, but J. did not in fact act as town councillor after the commencement of the proceedings with his creditors, until after the Ist of November. The offices of three other councillors, besides that of J., became vacant on the 1st of November, by lapse of time, and for the four vacancies there were seven candidates. All the candidates were nominated by the same person and as the nominations were consequently invalid, the mayor as returning officer, declared that the retiring councillors, including J., were re-elected. On a rule for a mandamus to the mayor, &c., calling upon them to declare the office which had been held by J. as void, and to proceed to a new election, it was held that as the town council had not, prior to the Ist of November, declared the office of J. to be void, it was still full on that day, and that as J. was a retiring councillor, he was properly declared to be re-elected. Further, if there had been any remedy it would have been by petition under the Municipal Corporations, (Corrupt Practices) Act.

As to a person elected councillor for more than one ward, see sec. 68.

Publication of uncontested Election.

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

Mode of conducting poll at contested Election.

58.-(1.) If an election of councillors is contested, the poll shall, as far as circumstances admit, be conducted as the poll at a contested parliamentary election is by the Ballot Act, 1872, directed to be conducted, and, subject to 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.1

(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 authorize 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.2

1 The provisions of the Ballot Act, 1872, which are applicable to a municipal election, will be found in the Appendix, p. 247. Secs. 20 and 21 of that Act, it will be observed, are repealed by this Act. (See First Schedule, part I., p. 209. In Part III. of the Third Schedule, p. 225, the principal modifications of the Ballot Act in its application to municipal elections are shown.

2 This section leaves it open to some question, whether in a municipal election there is any actual authority for the appointment of agents of candidates, but