Penalty for fabricating Votes.

If any one fabricates wholly, or partly, or alters, or destroys, or purloins any voting paper, or if he personates any person entitled to vote, or falsely assumes to act in his name, or if he interrupts the distribution of the voting papers, or distributes them under false pretence of being authorised to do so, he is liable for each offence on conviction before two justices* to be imprisoned for not more than 3 months with or without hard labour. (21 & 22 Vict. c. 98. s. 13. (5.).)

Examination of Votes. Notice to Persons elected.

The chairman on the day after that of the election, and on as many days immediately succeeding as may be necessary, must attend at the office of the local board, and ascertain the validity of the votes, by an examination of the rate books and any other books and documents he may think necessary, and by examining any persons he may see fit. He must cast up the votes he finds valid, and duly given, collected, or received, and he must ascertain the number of such votes for each candidate. The candidates to the number to be elected who, being duly qualified, have obtained the greatest number of votes are elected, and must be so certified by the chairman under his hand.

To each person elected the chairman must send notice of his election, and he must also cause a list to be made containing the names of the candidates together with (in case of a contest) the number of votes given for each, and the names of the persons elected. He must sign and certify this list, and deliver it together with the nomination and voting papers to the local board at their first or next meeting (as the case may be), who must have them deposited in their office where, during office hours, they must be kept open to public inspection, together with all other documents relating to the election, for six months after the election has taken place without any fee. He must also have the list printed, and copies affixed at the usual places for notices of parochial business within the parts for which the election has been made. (11 & 12 Vict. c. 63. s. 27.)

Penalties.

If the chairman or other person charged with taking, collecting, or returning the votes at the election, neglects or refuses to comply with any of the regulations before mentioned, he is liable for every offence to a penalty not exceeding 50l. If a person employed for the purposes of the election by or under the chairman or other person charged is guilty of any similar neglect or refusal, he is liable for every offence to a penalty not exceeding 5l. (11 & 12 Vict. c. 63. s. 28.)

See Legal Proceedings, p. 145.

*See "Legal Proceedings," p. 144.

The necessary expenses of the election and the reasonable remuneration allowed by the local board to returning officers and other persons for their services, must be paid out of the general district rates. (11 & 12 Vict. c. 63. s. 30.)

See Rates and Expenses, p. 157.

All proceedings of the local board and of any person acting as member or under the authority of it, are notwithstanding any defect in the selection or election of the board, or of any member of it, as valid and effectual as if no defect existed. (11 & 12 Vict. c. 63. s. 29.)

**

Casual Vacancy.

A casual vacancy occurring by death, resignation, disqualification, or otherwise in the local board may be filled up within one month by the local board out of qualified persons, but the member so chosen retains his office so long only as the vacating member would have retained it. (21 & 22 Vict. c. 98. s. 24. (7).) In the meantime the remaining members have all the powers of the entire board. (11 & 12 Vict. c. 63. s. 14.)

Declaration to be made by Members.

No person elected can act as member of the local board (except in administering the following declaration) until he has made and signed before two other members for the district for which he is elected a declaration in writing to the following effect :

'I A.B. do solemnly declare, that I am seised or possessed of 'real or personal [or real and personal] estate to the value or ' amount of [or that I am rated to the relief of the upon the annual value of

poor of

'(Signed)

'Made before us, C.D. and E.F., members of
'the Local Board of Health for the district of
'this

day of

].

A.B.

The declaration must be filed and kept by the clerk. Anyone who falsely makes this declaration, knowing it to be untrue in any material particular, is deemed guilty of a misdemeanor. (11 & 12 Vict. c. 63. s. 17.)

Any member neglecting to make the required declaration for three months next after his election, and any member absent during three successive months from all meetings and committees of the board is deemed to have refused to act. He ceases to be a member, and his office becomes vacant. (11 & 12 Vict. c. 63. s. 18.)

But no member vacates his office by absenting himself from meetings of the board if he be not absent from the district for more than six months at a time, unless in case of illness. (21 & 22 Vict. c. 98. s. 25. (2).)

* "Month" means calendar month. (11 & 12 Vict. c. 63. s. 2.) 30477.

B

Disqualifications after Election.

If a person after being elected loses his qualification or is declared bankrupt, or compounds with his creditors, or if a member accepts or holds any office or place of profit under the local board, or is in any manner concerned in a contract entered into by the board, or participates in the profit of it, or of work done by the board or under their authority, in or for the district for which he is member, then, except as mentioned below, he ceases to be a member, and his office becomes vacant. No person who is a proprietor, shareholder, or member of a company or concern established for the supply of water or for the carrying on of any other works of a like public nature, is disabled from being or continuing a member of the local board because a contract is entered into between the company and the board. He cannot, however, vote as a member of the local board upon any question in which the company is interested; though in the case of a shareholder in a company of this kind the Local Government Board may dispense with the prohibition. (11 & 12 Vict. c. 63. s. 19. ; 21 & 22 Vict. c. 98. s. 25. (3).)

Again, no member of a local board vacates his office by being interested in a sale or lease of lands, or a loan of money to the board, nor by being interested in a contract with the board as a shareholder in a joint-stock company; but no member of a local board who is a shareholder can vote on any question in which the company is interested. (21 & 22 Vict. c. 98. s. 25.)

**

Any person who, not being duly qualified to act as member of the local board, or who has not made the required declaration, or who after being disqualified does so act, is for every offence liable to a penalty of 50l., which may be recovered by any person, with full costs of suit, by action of debt. Upon an action being brought it is sufficient for the plaintiff to prove in the first instance that the defendant at the time when the offence is alleged to have been committed acted as a member; and the burden of proving a qualification and the making the declaration, or negativing disqualification from non-residence, or from not having the requisite real or personal estate, or both, lies upon the defendant. But all the acts and proceedings of a disqualified person, or of one who has not made the declaration, are valid if done previously to the recovery of the penalty. (11 & 12 Vict. c. 63. s. 19.)

Annual Retirement of one third of the Members.

One third of the number of members elected for the whole or any part of a district must go out of office on the anniversary of the day of election in each year. The order in which the persons first elected go out of office must be regulated by the local board. If the number of persons to be first elected is not divisible by three, the proportion to go out of office in each year must be

* But see "Legal Proceedings," p. 145.

regulated so that as nearly as possible one third go out of office in each year. No person elected can in any case continuously remain in office for more than three years. On the days appointed for going out of office a number of persons must be elected equal to the number of those going out, and so many others as may be necessary to complete the full number of the local board.

Any member after going out, resigning, or in any way ceasing to be a member may be re-elected. (11 & 12 Vict. c. 63. ss. 13 & 14.)

Definition of Year.

The word "year" for the purpose of the elections of local boards, and of the continuance in office of the members, means the interval between any day of election of the board and the day of election next ensuing. (15 & 16 Vict. c. 42. s. 14.)

Proceedings in case of Failure to elect a Local Board.

In the case of any failure to elect a local board, or of any lapse of a local board, the owners and ratepayers of the district, by resolution, as herein-after mentioned for the adoption of the Local Government Acts,* may proceed to election of a new local board, with the same qualification of members from property or rating as the lapsed local board. The result of the election must be signified to the Local Government Board by the person conducting it, in the manner directed with regard to the adoption of the Act. All the rights and liabilities of the former local board attach to the new one as if there had been no lapse before its election, and from the date of the election all powerst of any receiver to make rates determine. (21 & 22 Vict. c. 98. s. 11.)

See also Adoption of the Local Government Acts, p. 228.

ELECTION OF LOCAL BOARDS OF HEALTH ESTABLISHED BEFORE THE PASSING OF THE LOCAL GOVERNMENT ACT, 1858.

The constitution and proceedings at the election of these local boards of health are now precisely similar to those of local boards established since that time, except in the following particulars. (See 21 & 22 Vict. c. 98. s. 5.)

In what follows it must be understood that the districts referred to are only those formed before 2d August 1858.

Constitution of Board.

In a district comprising the whole of a corporate borough and also a part not within the boundaries of the borough, the mayor for the time being of the borough and the number of

* See p. 222.

† See "Borrowing Powers," p. 184.

1

other persons fixed by a provisional order of the general board of health as the number to be selected by the town council out of their number, or from persons qualified to be councillors of the borough, are, when selected by the council, together with the number of persons elected in respect of the non-corporate parts, the local board of health for the district. (11 & 12 Vict. c. 63. s. 12.)

In a district comprising the whole of a corporate borough, and also a part not within the boundaries of the borough the number of qualified persons fixed by the provisional order to be elected for the part outside the borough, must from time to time be elected in the manner and by the owners of property and ratepayers mentioned above, and together with the persons selected in respect of the corporate parts of the district, they are the local board of health for the district.

In a district to which the Public Health Act, 1848, has been applied by an order in council, the number of qualified persons fixed by the order must be elected in the manner and by the owners of property and ratepayers mentioned above, and they are the local board of health for the district.

In a district which does not comprise the whole of a corporate borough, and to which the Public Health Act, 1848, has been applied by authority of Parliament, the number of qualified persons fixed by fixed by a provisional order of the general board of health must be elected in the manner and by the owners of property and ratepayers mentioned above, and they are the local board of health for the district. (11 & 12 Vict. c. 63. s. 13.)

If a corporate borough is included only for the purposes of sewerage in a district comprising a part not within the boundaries of the borough, and this part is constituted a district for any other purposes of the Public Health Act, 1848, the persons elected for the sewerage district are for the separate district within which they have been elected the local board of health. (11 & 12 Vict. c. 63. s. 15.)

Each person selected by the council out of their own number is a member of the local board so long as he continues without re-election to be a member of the council and no longer.

Each person selected by the council otherwise than out of their own number is a member of the local board for one year from the date of his selection and no longer. In case of a vacancy in the number selected, some other person must be selected within one month by the council by whom the person causing the vacancy was selected. The meeting of the council at which a selection is made is deemed a meeting held in pursuance of 5 & 6 Will. 4. c. 76. (11 & 12 Vict. c. 63. s. 12.)

Wards.

Local boards of health may, with the sanction of the Local Government Board divide their districts into separate wards, and declare what proportion of the members is to be elected by each ward. (21 & 22 Vict. c. 98. s. 24 (4).)