far as practicable, make out the parish burgess lists so as to divide the names in conformity with the polling districts.

As to the numbering of the names in the burgess roll, and the arrangement of the parish burgess lists, the ward rolls, and burgess roll, see sec. 45 (3) and sec. 46.

Notices as to Elections.

65. Any notice required to be given in connection with a municipal election may, as to elective auditors and revising assessors, be comprised in one notice, and may, as to ward elections, comprise matter necessary for several wards.

As to election of auditors and assessors, see sec. 62, and the separate election of councillors for each ward, when a borough has wards, sec. 50 (2).

Time for filling Casual Vacancies.

66.-(1.) On a casual vacancy in a corporate office, the election shall be held within fourteen days after notice in writing of the vacancy has been given to the mayor or town clerk by two burgesses.

(2.) Where the office vacant is that of mayor, the notice of the meeting for the election shall be signed by the town clerk.

(3.) In other cases the day of election shall be fixed by the mayor.

For definition of corporate office, see sec. 7.

With reference to casual vacancies in a corporate office, see also sec. 40; as to the mode of computing the time within which the election is to take place after the notice of the vacancy, see sec. 230; and as to failure to hold election within the appointed time, see sec. 70.

Illness, &c., of Mayor or Returning Officer.

67. (1.) If the mayor is dead, or is absent or otherwise incapable of acting in the execution of his powers and duties as to elections under this Act, the council shall forthwith choose an alderman to execute those powers and duties in the place of the mayor.

(2.) In 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.

This section applies not merely to incapacities, such as the death or absence of the mayor, but to all incapacities, including that of acting as returning officer by reason of being a candidate. See R. v. White, referred to in note to sec. 53. As to the assignment of an alderman to be returning officer at a ward election, see sec. 53 (2.)

Election of Councillor in more than one Ward.

68. If a person is elected councillor in more than one ward, he shall, within three days after notice thereof, choose, by writing signed by him and delivered to the town clerk, or in his default the mayor shall, within three days after the time for choice has expired, declare, for which of those wards he shall serve, and the choice or declaration shall be conclusive.

See also sec. 230 as to computation of time.

Elections not in Churches.

69. A municipal election shall not be held in any church, chapel, or other place of public worship.

Omission to hold Election, or Election Void.

70.-(1.) If a municipal election is not held on the appointed day or within the appointed time, it may be held on the day next after that day or the expiration of that time.

(2.) If a municipal election is not held on the appointed day or within the appointed time, or on the day next after that day or the expiration of that time, or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from electing, but the High Court may, on motion, grant a mandamus for the election to be held on a day appointed by the court.

(3.) Thereupon public notice of the election shall, by such person as the court directs, be fixed on the town hall, and shall be kept so fixed for at least six days before the day appointed for the election; and in all other respects

the election shall be conducted as directed by this Act respecting ordinary elections.

See provisions in sec. 230 as to alteration of date when day falls on Sunday, &c., and as to computation of time.

As to notices to be fixed on town hall, see sec. 232.

Burgess Roll to be in operation until revision of new
Burgess Roll.

71. (1.) If a parish burgess list is not made or revised in due time, the corresponding part of the burgess roll in operation before the time appointed for the revision shall be the parish burgess list until a burgess list for the parish has been revised and become part of the burgess roll.

(2.) If a burgess roll is not made in due time, the burgess roll in force before the time appointed for the revision shall continue in force until the new burgess roll is made.

For provisions as to parish burgess lists and burgess roll, see secs. 44 and 45.

Non-compliance with Rules.

72. An election shall not be invalidated by non-compliance with the rules in the Third Schedule, or mistake in the use of the forms in the Eighth Schedule, if it appears to the court having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act.

The rules in the third schedule relate to the preparation and revision of parish burgess lists in boroughs not parliamentary, and nominations in the election of councillors. The Eighth Schedule includes forms of declaration on accepting office and declaration by recorder or borough justice, forms relating to claims and objections, lists of claimants and of persons objected to, and election and forms as to working men's dwellings, and borough bridges.

Election valid unless questioned within twelve months.

73. Every municipal election not called in question within twelve months after the election, either by election petition or by information in the nature of a quo warranto, shall be deemed to have been to all intents a good and valid election.

In ex parte Birkbeck, L. R., 9 Q. B. 256 ; 22 W. R., 229, S. was elected an alderman on 9th November, 1868, being then on and entitled to be on the burgess roll. At the revision in October, 1873, he was struck off the burgess list on the ground that he had not on the last day of July, 1873, occupied a house, &c., during the whole preceding twelve months, and it was ascertained

that though he was still rated for the premises, he had given them up many months before. S. did not act from the time of his disqualification becoming known until January, 1874, when he attended a meeting and voted. A quo warranto was then moved for. It was held that he became disqualified when he ceased to occupy (which was considered to be more than twelve months previously), and that the application was too late. See also sec. 225.

In a case in which a rule nisi for a quo warranto information had been discharged, and it appeared that the party who had made the affidavit as relator was a person in such indigent circumstances as to be incapable of paying the expenses of the information, and was procured to make the information by another who was the real prosecutor, and who had made an affidavit in support of the rule, the court ordered the costs to be paid by the party so promoting the application. R. v. Greene, 4 Q. B. 646.

Where a defendant had been elected to the office of town councillor by a majority of votes, some of which were personated, and upon a rule being obtained for a quo warranto, declined to defend his election and offered to disclaim, the court made the rule absolute, without imposing any terms upon the relator as to costs; the defendant having been a candidate for the office, and having made no previous attempt to resign. R. v. Sidney, 20 L. J., Q. B. 269.

Offences in relation to Nomination Papers.

74. (1.) If any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the town clerk any forged nomination paper, knowing it to be forged, he shall be guilty of a misdemeanour, and shall be liable to imprisonment for any term not exceeding six months, with or without hard labour.

(2.) An attempt to commit any such offence shall be punishable as the offence is punishable.

Offences in relation to Lists and Elections.

75.-(1.) If a mayor or revising assessor neglects or refuses to revise a parish burgess list, or a mayor or alderman neglects or refuses to conduct or declare an election, as required by this Act, he shall for every such offence be liable to a fine not exceeding one hundred pounds, recoverable by action.

(2.) If—

(a.) An overseer neglects or refuses to make, sign, or deliver a parish burgess list, as required by this Act; or

(b.) A town clerk neglects or refuses to receive, print, and publish, a parish burgess list or list of claimants or respondents, as required by this Act; or

(c) An overseer or town clerk refuses to allow any such list to be inspected by a person having a right thereto;

he shall for every such neglect or refusal be liable to a fine not exceeding fifty pounds, recoverable by action.

(3.) An action under this section shall not lie after three months from the neglect or refusal. A moiety of any fine recovered therein shall, after payment of the costs of action, be paid to the plaintiff.

As to the duties of overseers with regard to making, signing, and delivering parish burgess lists, see Rule 1 in Third Schedule ; and as to the duties of the town clerk with regard to parish burgess lists and lists of claimants and respondents, see Rules 3 and 7. With regard to the inspection of these lists, see Rules 2 and 8.

In Jeffreys v. Higgins, 1 C. L. R., 352, it was held that an alderman who, as presiding officer in an election of councillors, knowingly recorded the vote of a burgess as having been given for a candidate, although the burgess had not delivered a voting paper or voted in the election, did not "neglect or refuse to conduct or declare the election" within the meaning of sec. 48 (the corresponding section) of the 5 & 6 Wm. 4., c. 76.

As to offences in respect of ballot papers, see sec. 3 of the Ballot Act, 1872, in appendix, and also sec. 11 of that Act with regard to the liability of a returning officer, presiding officer, &c., for wilful misfeasance, or wilful act or omission in contravention of the Ballot Act.

The omission of an overseer to sign the burgess list, although it was not alleged that the omission was wilful or corrupt, was held to render the overseer liable to the penalty. Lord Denman, C. J.: “Any inquiry into the motives or cause of neglect would be inexpedient; it would be leaving too much to the lenity of a jury." Williams, J. : “ Where no vis major or inability intervenes, omitting to do what ought to be done is neglect." R. v. Burrell, 12 A. & E. 460; 4 P. & D. 207; 4 Jur., 1109.

An overseer who delivered the burgess lists five days after the prescribed day was held liable to the penalty. Hunt v. Hibbs, 5 H. & N. 123; 29 L. J., (Ex.) 222 6 Jur., N.S. 78.

Where a parish under a local Act was divided into nine wards, an overseer being appointed for each, and the nine overseers were by the Act constituted the overseers of the parish, a separate list of burgesses was delivered to the town clerk for each ward, no list being signed by any overseer other than that for the ward to which the list referred, and it was held that the case came within the provision as to neglect to make out and sign a list of burgesses for the parish, and that each of the overseers was liable to a penalty for the oftence. R. v. Share, 3 Q. B. 31; 2 G. & D. 453; 6 Jur. 730.

When the name of an overseer was included as a burgess in the burgess list, and the overseer delivered his list personally at the town clerk's office, and had amended the list with his own hand, in the presence of a clerk in the office, it was contended that this was in effect signing the list. The court held otherwise. R. v. Burrell, 12 A. & E. 460; 4 P. & D. 207; 4 Jur., 1109.

In Gregory v. Fell, 6 Jur., 422, an action of debt was brought to recover from an overseer a penalty of £50, for not making out the burgess list, and a like penalty for refusing a perusal thereof to a person having a right to demand the same. It was held that the overseer was liable for one penalty only. The first penalty was because the list did not exist, and there could be no refusal to allow the inspection of what was not in existence.

In Clarke v. Grant, 8 Exch. 252; 22 L. J., Ex. 67; 17 Jur., 239, the question was raised, whether it was necessary that all the overseers, whether churchwardens or not, should sign the lists. The decision in that case is met by the provision in sec. 238 (1.)

When a person had recovered three penalties of £50 each from overseers for neglect to sign the burgess list, and had received the taxed costs of suit as