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Expenses of

the election

11 & 12 Vict. c. 63, s. 30.

Number of

persons for their services in the election as shall be allowed by the Local Board, are to be paid out of the general district rates levied under the Act.

The Court will not, however, order a Local Board of Health to pay a reasonable compensation to the person conducting the first election of the Board upon a suggestion that an inadequate sum has been allowed: as the Local Board have a discretion as to what sum they think reasonable to allow, and the exercise of their discretion in this respect is not subject to review. (1) The number of persons to be selected or elected for the persons to be whole or any part of a district is from time to time to be reguselected or lated by Order in Council or provisional order (as the case may require), due regard being had to the size and circumstances of each district; but inasmuch as the signatures of five members of the Local Board are required to certain documents, the number of members of a non-corporate district must not be less than five. Any member of the Board, after going out of office, resigning, or otherwise ceasing to be such member, may, Persons both if otherwise qualified, be again selected or elected. If any

elected. Ib. s. 14.

selected and elected, etc. to serve in

respect of

Ib.

person be both selected and elected to be a member of the Local Board, he must, within three days after notice thereof from the clerk, choose, or in default the Local Board of which one title only. he is selected and elected to be a member are to determine the title in respect of which he is to serve, and immediately upon such choice or determination the person selected and elected is to be deemed to be a member only in respect of the title so chosen or determined, and his office as member in respect of any other title thereupon becomes vacant.

Resignation

of members.

Election of

21 & 22 Vict. c. 98, s. 24.

The 11 and 12 Vict. c. 63, s. 14, recognizes a member of the Local Board resigning his office, but no express power of resignation is given by either of the statutes. Apparently it will be sufficient if the member who wishes to retire sends in his resignation in writing, addressed either to the chairman or to the Local Board generally, and it will not be necessary that his resignation should be accepted to render it complete.

Local Government Boards consist of such number of elective members as may have been determined by a resolution of the owners and ratepayers, as is mentioned ante, p. 28.

The election of Local Government Boards is to be conducted Local Govern- in the manner directed by the Public Health Act, 1848, for ment Boards. the election of Local Boards of Health (as to which see ante, p. 39); and the summoning officer is to conduct the first election; and the members of the Local Board are to make such declaration, continue in office for the same time, and be liable to the same disqualifications and penalties as the members of Local Boards of Health.

(1) Ex parte Metcalfe, 6 E. & B. 278; 2 Jur. (N. S.) 1245.

are

§ 2. IN PARTICULAR DISTRICTS.

The general mode of election is as above stated, but there West Ham. in certain cases exceptions to the rule. In the West Ham 19 & 20 Vict. district three of the members are from time to time to be delec. 26, s. 4. gated by the Court of Commissioners of Sewers for the Dagenham and Havering Levels, and the twelve remaining members assigned to the district are to be elected for the whole of the district in the ordinary manner. The constitution of the Local Aldershot. Board of Health for the parish of Aldershot is again peculiar ; 20 & 21 Vict. for it consists partly of persons elected by the ratepayers of c. 22. the parish, and partly by persons nominated by the military authorities. The Board consists of twelve members, nine of whom are to be elected by the ratepayers in the manner provided for by the Public Health Act, and three are to be nominated from time to time by Her Majesty's Principal Secretary of State for War for the time being. One-third of the members elected by the ratepayers go out of office annually; but the three persons nominated by the Secretary for War are to hold office during his pleasure, who is further empowered from time to time to fill up vacancies arising among persons so nominated. Every elected member of the Board when elected, and while he continues a member of the Board, must be resident, as in the Public Health Act, 1848, is required (ante, p. 30), and must be possessed of real and personal estate, or both, to the amount of not less than £700, or must be so resident and rated to the relief of the poor of the parish, or within the district, upon a net annual value of not less than £20.

So also in the case of the Woolwich Local Board of Health, Woolwich. three persons are to be nominated as members by the Super- 15 & 16 Vict. intendent of the Dockyard, the Commanding Royal Engineer, c. 69, s. 4. the Storekeeper of the Ordnance, and the officer in command

of the Royal Artillery.

C.

Works in

Woolwich is also within the jurisdiction of the Metropolitan Powers of Board of Works. The following are the provisions of the 18 Metropolitan & 19 Vict. c. 120, in this respect. Notwithstanding anything Board of contained in the Act to the contrary, its provisions shall extend Woolwich. and apply to the parish of Woolwich, but only to the extent 18 & 19 Vict. and in manner hereafter mentioned-that is to say-a member c. 120, s. 238. of the Metropolitan Board of Works shall be from time to time elected by the Local Board of Health of Woolwich at a meeting of such Board, as by the Act is directed with respect to the vestry of each of the parishes mentioned in the Schedule (A.) to the Act. The Metropolitan Board shall have and perform, within and in relation to the parish of Woolwich, all the powers and duties vested in them under the Act in like manner as within and in relation to other parishes mentioned in Schedule (A.), save that the Local Board shall be subject to all orders of the Metropolitan Board in relation to sewerage, and otherwise,

Tunbridge
Wells.

27 & 28 Vict.
c. 83, s. 4.

Oxford Commissioners.

c. 98, s. 82.

and to all precepts requiring payment of money, in all respects as the vestries of other parishes in Schedule (A) are subject to the same, in lieu of the vestry of the parish of Woolwich; and all sums required to be paid by such precepts shall be defrayed out of any moneys carried to the district fund account, or by means of a general district rate to be levied on the whole of the parish of Woolwich, or such part thereof as may be specified in the precept of the Metropolitan Board.

The annual election of members of the Tunbridge Wells Local Board of Commissioners is to take place in the month of April, according to the scale of voting in respect of the election of Local Boards and Local Boards of Health, as provided by the Public Health Act, 1848, and the Local Government Act, 1858.

The election of the Oxford Commissioners as a Local Government Board, is to be conducted at the same time (but 21 & 22 Vict. see 28 & 29 Vict. c. 108, s. 4, post, p. 55), in the same way, and subject to the same regulations, as the Oxford Commissioners are now chosen by the town council and parishes. The fifteen Commissioners to be elected by the University are to be elected as follows: namely, four Commissioners by the University in convocation, and eleven Commissioners by the heads and senior bursars of the several Colleges, and by the heads of the several Halls. The elections are to be conducted by the University, and by the Colleges and Halls respectively, at the same time and in the same way, and subject to the same regulations in and subject to which guardians of the poor for the University and for the Colleges and Halls are now chosen, save that in the election of Commissioners the heads and bursars of all the Colleges and heads of all the Halls are to be summoned by the Vice-Chancellor for that purpose, and be entitled to vote.

Day of first election of Commissioners.

27 & 28 Vict. c. 68, s. I.

Subsequent annual elections.

Ib. s. 2.

But by 27 & 28 Vict. c. 68, to amend the Local Government Act of 1858 so far as it applies to Oxford, it is enacted that, notwithstanding anything contained in the said Local Government Act, or any other Act of Parliament, the election of the Commissioners to constitute the Local Board for Oxford, under the said Act of 1858, may take place at any time that may be determined by the existing Board of Commissioners between the first day of November and the fifteenth day of November, 1864, in the manner now respectively provided for the election of the said Commissioners to be respectively elected by the said city and University of Oxford; and the said Commissioners when so elected shall continue in office until the first monthly meeting after the fifteenth day of November, 1865.

Every subsequent annual election of the Commissioners constituting the said Local Board shall take place between the first and fifteenth days of November in every year, on the same day in each year, as shall be appointed under the power hereinbefore given Provided always, that if such day fall upon

a Sunday, then the election shall take place on the Monday next following; and the day of going out of office of every Board, and entry upon office of the new Board, shall be the day of the first monthly meeting after the said fifteenth day of November.

of Oxford

Notwithstanding anything in the Local Government Act Qualifications contained, the members of the Local Board to be elected by of members the University of Oxford, and heads and bursars of Colleges, Local Board. and heads of Halls respectively, shall not be required to possess 27 & 28 Vict. any qualification to act as members of the said Board, other c. 68, s. 3. than that they are of the degree of Master of Arts, Bachelor of Civil Law, Bachelor in Medicine, or any superior degree of the University. Further on this point, see 28 & 29 Vict. c. 108, s. 6, ante, p. 32.

between the

But now by the Local Government Supplemental Act, 1865 The Oxford (No. 5), the yearly election of the members of the Local Board Local Board for the district of Oxford, under sect. 82 of the Local Govern- to be elected ment Act, 1858, shall take place on such day between the ninth 9th and 24th and twenty-fourth days of November in every year, not being of November Sunday, as the Local Board from time to time at their ordinary annually. meeting in the month of October in the respective year deter- 28 & 29 Vict. mine; and the members of the Local Board already and from c. 108, s. 4.

time to time hereafter elected shall continue in office until the commencement of the meeting of the Local Board next after the day of the then next yearly election of members thereof, and thereupon the members then elected shall come into office: Provided that if and whenever the Local Board do not so fix any other day for the yearly election, then it shall take place on the tenth day of November, or if that day be Sunday, on the then next day.

The election of guardians of the poor for the University, and How elected. for the Colleges and Halls for Oxford, are conducted under the

Oxford Poor Rate Act, 17 & 18 Vict. c. ccxix. Guardians for For the
the University are elected annually in convocation on the 25th University.
of March, or in case that day be a Sunday, on the day fol- 17 & 18 Vict.
lowing, from amongst members of the University, being gra- c. ccxix., s. 4.
duates, by the chancellor, masters, and scholars of the Uni-

versity. Guardians for the Colleges are to be elected from the For the
same body, and at the same time, by the governor or head and Colleges.
senior bursar of each of the following Colleges, namely, All Ib. s. 3.
Souls, Balliol, Brasenose, Exeter, Jesus, Lincoln, New, Oriel,
Pembroke, Queen's, St. John Baptist, St. Mary Magdalen,
Trinity, University, Wadham, and Worcester Colleges; and by

the governor or head of each of the following Halls, namely, For the Halls.
New Inn, St. Edmund, St. Mary, and St. Mary Magdalen Ib.
Halls.

By the Local Government Supplemental Act, 1865 (No. 5), the members of the Oxford Local Board to be elected by the ratepayers of the parishes within the district shall be elected one for every parish by the ratepayers of the respective parish,

Ratepayers of and, except as is by this Act otherwise provided, shall be so each parish in elected by the ratepayers in vestry assembled.

Oxford district
to elect one
member in
vestry.

28 & 29 Vict.
c. 108, s. 5.
Provisions
in case of the
addition to

the district of
a part of

Cowley parish.

Ib. s. 9.

The parish of
Binsey how

to be repre-
sented.

Ib. s. 10.

If and when any part of the parish of Cowley is added to the Oxford district, then and thenceforth the number of members of the Local Board for the Oxford district shall be increased by one :

(a.) The Cowley member shall from time to time be elected by the owners and ratepayers within that part of the parish of Cowley :

(b.) The first election of the Cowley member shall take place within forty-two days after the passing of this Act, on a day which shall, within fourteen days after the passing of this Act, be appointed by the chairman of the Local Board :

(c.) The Cowley member so first elected shall continue in office until the commencement of the meeting of the

Local Board next after the day of the yearly election of members of the Local Board in the year 1866: (d.) The yearly election of the Cowley member shall take place in the year 1866, and in every subsequent year on the day for the yearly election of other members of the Local Board:

(e.) The chairman of the Local Board shall be the summoning officer for the purposes of every election of the Cowley member:

(f.) In all other respects the provisions of every Act of Parliament from time to time in force with respect to the members of the Local Board, and their election and continuance in office and retirement from office, shall, so far as the same are applicable, extend and apply to the Cowley member.

In Oxford, the Local Board are also the local authority under the Contagious Diseases (Animals) Act, 1869; see sch. 2 of that act.

The member of the Oxford Local Board now elected for the parish of St. Thomas shall henceforth be elected for that parish, and for the adjoining parish of Binsey, as if they were one parish, and for the purposes of the election the two parishes shall be deemed to be one parish:

(a.) For the election the ratepayers of the parish of Binsey shall form part of the vestry of the parish of St. Thomas:

(b) Notices of the vestry meetings of the parish of St. Thomas for the election shall be given by the summoning officers of that parish to the ratepayers of the the parish of Binsey, as if they were ratepayers of the parish of St. Thomas.

If and when any part of the parish of North Hincksey is added to the Oxford district, then the member of the Local Board now elected for the adjoining parish of St. Aldate shall

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