*

twelve months preceding the election resided in the
district,
So much of any enactment whether
in a public general or local and personal Act as relates to
the qualification of a member of an urban sanitary
authority shall be repealed:

"(3.) The parochial electors of the parishes in the district shall be the electors of the councillors of the district, and, if the district is divided into wards, the electors of the councillors for each ward shall be such of the parochial electors as are registered in respect of qualifications within the ward:

“(4.) Each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected:

"(5.) The election shall, subject to the provisions of this Act, be conducted according to the rules framed under this Act by the Local Government Board."

And whereas by Section 48 of the Act of 1894 it is amongst other things enacted as follows:-

"(2.) Rules framed under this Act by the Local Government Board in relation to elections shall, notwithstanding anything in any other Act, have effect as if enacted in this Act, and shall provide amongst other things,

"(i.) for every candidate being nominated in writing
by two parochial electors as proposer and seconder
and no more;

"(ii.) for preventing an elector at an election for
a district not a borough from sub-
scribing a nomination paper or voting in more
than one parish or other area in the
district;

*

*

"(vi.) for the appointment of returning officers for

the elections.'

"(3.) At every election regulated by rules framed under this Act, the poll shall be taken by ballot, and the Ballot Act, 1872,* and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, + and Sections 74 and 75 and Part IV. of the Municipal Corporations Act, 1882, as amended by the last-mentioned Act (including the penal provisions of those Acts) shall, subject to adaptations, alterations, and exceptions made by such rules, apply in like manner as in the case of a municipal election. Provided that

"(a) Section 6 of the Ballot Act, 1872,* shall apply in the case of such elections, and the returning officer may, in addition to using the schools and and public rooms therein referred to free of 45 & 46 Vict. c. 50.

* 35 & 36 Vict, c. 33. † 47 & 48 Vict. c. 70.

charge, for taking the poll, use the same, free of charge, for hearing objections to nomination papers and for counting votes; and

"(b) Section 37 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply as if the election were an election mentioned in the First Schedule to that Act.

"(4.) The provisions of the Municipal Corporations Act, 1882, and the enactments amending the same, with respect to the expenses of elections of councillors of a borough, and to the acceptance of office, resignation, reeligibility of holders of office, and the filling of casual vacancies, and Section 56 of that Act, shall, subject to the adaptations, alterations, and exceptions made by the said rules, apply in the case of * * members *** of a vestry under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same. Provided that—

"(b) nothing in the enactments applied by this section

*

shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election."

*

And whereas by the Metropolitan Borough Councillors (Casual Vacancies) Order, 1900, we prescribed Rules for every election which may be held to fill a casual vacancy in the office of councillor of any metropolitan borough;

And whereas in pursuance of our Order dated the 14th day of June, 1901, † the whole of the councillors of each metropolitan borough will retire together on the 1st day of November, 1903, and on the ordinary day of election in every third year thereafter:

Now, therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, do hereby rescind the Metropolitan Borough Councillors (Casual Vacancies) Order, 1900, except as regards any election in the proceedings in respect of which have already been commenced.

And we do hereby Order and Direct that the elections of the councillors of every metropolitan borough shall, subject to any directions which may be given by us, and until we otherwise Order, be conducted according to the following Rules :

Returning Officer.

1.—(1.) The town clerk of the borough shall be the returning officer.

* Printed in Statutory Rules and Orders, 1900, p. 386.
† Printed at p. 41 above.

(2.) If the town clerk is unwilling to act as returning officer, or if the office of town clerk is vacant at the time when any duty relative to the election has to be performed by the returning officer, or if the town clerk from illness or other sufficient cause is unable to perform that duty, the council of the borough shall appoint some other person to act as returning officer or to perform such of the duties of the returning officer as then remain to be performed, as the case may be.

(3.) The returning officer shall appoint an office for the purpose of the election.

(4.) The returning officer may, in writing, appoint one or more fit persons to be his deputy or deputies for all or any of the purposes relating to the election, and shall appoint such a deputy in the case and for the purposes mentioned in Rule 18 (2) of this Order. A deputy returning officer shall have all the powers, duties, and liabilities of the returning officer in relation to the matters in respect of which he is appointed as deputy.

Notice of Election.

2. Not later than the day prescribed for that purpose by the first schedule to this Order, the returning officer shall prepare and sign a notice of the election, and shall cause public notice of the same to be given in accordance with Rule 26 of this Order. The notice shall be in the Form No. 1 in the second schedule to this Order, or in a form to the like effect.

Nomination of Candidates.

3. (1.) Each candidate for election as a borough councillor shall be nominated in writing.

(2.) The nomination paper shall state the name of the ward for which the candidate is nominated, the surname and other name or names in full of the candidate, and his place of abode and description, and whether he is qualified by being registered as a parochial elector of some parish in the borough, or by having during the whole of the twelve months preceding the election resided in the borough. It shall be signed by two parochial electors of the ward, as proposer and seconder, and no more, and shall state their respective places of abode. It shall be in the Form No. 2 in the second schedule to this Order, or in a form to the like effect.

(3.) The name of more than one candidate shall not be inserted in any one nomination paper.

(4.) A parochial elector shall not sign a number of nomination papers larger than the number of borough councillors to be elected for the ward for which the election is to be held.

He shall not sign a nomination paper for any ward in the borough, unless he is registered as a parochial elector in respect of a qualification in that ward. Nor shall he sign nomination papers for more than one ward in the borough.

(5.) If any parochial elector sign nomination papers for more than one ward in the borough, or sign a number of nomination papers larger than the number of borough councillors to be elected for the ward, such of the nomination papers signed by him as relate to the first ward for which a nomination paper signed by him is received by the returning officer shall alone be valid, and of the nomination papers signed by him which relate to that ward such as are first received by the returning officer up to the number of borough councillors to be so elected shall alone be valid. Provided that, for the purposes of this paragraph, nomination papers not properly filled up and signed shall be excluded.

Nomination Papers to be provided.

4. The returning officer shall provide nomination papers. Any parochial elector may obtain nomination papers from the returning officer free of charge.

Time for sending in Nomination Papers.

5. Every nomination paper shall be sent to the returning officer so that it shall be received at his office within the time prescribed for that purpose by the first schedule to this Order. A nomination paper received after that time shall not be valid. The returning officer shall note on each nomination paper whether it was received before or after that time.

Dealing with Nominations by Returning Officer.

6.—(1.) The returning officer shall number the nomination papers in the order in which they are received by him; and the first valid nomination paper received for a candidate shall be deemed to be the nomination of that candidate.

(2.) The returning officer shall, as soon as practicable after the receipt of any nomination paper, examine the same and decide whether it has or has not been properly filled up and signed as required by Rule 3 (2), and whether it is or is not invalid under Rule 3 (5) or Rule 5. His decision that a nomination paper has been so filled up and signed and is not invalid as aforesaid shall be final, and shall not be questioned in any proceeding whatever.

(3.) If the returning officer decide that a nomination paper is invalid, he shall put a note on it to that effect, stating the grounds of his decision, and he shall sign such note.

(4.) After deciding that the nomination of any candidate is valid, or (except where a nomination of any candidate has been decided to be valid) that a nomination paper for the candidate is invalid, the returning officer shall, not later than the day prescribed for that purpose by the first schedule to this Order, send, by post or otherwise, notice of his decision to the candidate.

Statement as to Persons nominated.

7. Not later than the day prescribed for that purpose by the first schedule to this Order, the returning officer shall make out a statement in the Form No. 3 in the second schedule to this Order, or in a form to the like effect, containing the names, places of abode, and descriptions of the persons nominated as borough councillors for the several wards in the borough, and also containing a notice of his decision as regards each candidate as to whether he has been nominated by a valid nomination paper or not. He shall forthwith cause a copy thereof to be affixed on or near to the principal external gate or door of the offices of the council of the borough.

Withdrawal of Candidate.

8. Any candidate may withdraw his candidature by delivering or causing to be delivered at the office of the returning officer, within the time prescribed for that purpose by the first schedule to this Order, a notice in writing of such withdrawal, signed by the candidate.

Relation of Nomination to Election.

9. (1.) If the number of candidates for any ward who receive valid nominations and who do not withdraw their candidature under Rule 8 exceeds that of the persons to be elected as borough councillors for that ward the councillors shall be elected from amongst the persons nominated.

(2.) If the number of valid nominations for any ward does not exceed the number of borough councillors to be elected for that ward, or if, by the withdrawal of any candidate as provided by Rule 8, the number of candidates is reduced to a number not exceeding the number to be elected for the said ward, or if the number of candidates is otherwise so reduced, the returning officer shall, as early as practicable, give public notice in the ward, in accordance with Rule 26 of this Order, to the effect that no poll will be taken, and that the candidates, or the remaining candidates, as the case may be, will be declared to be elected; and also, in the case of the ordinary election of borough councillors, if the number of candidates for any ward is less than the number to be elected for that ward, that such of any retiring councillors for the ward as