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Failure to elect on
sary to remove any obstacle by which the due course of any election is likely to be impeded, and may supply any deficiency that would otherwise affect the same: Provided always, that any measures so adopted shall be forthwith published in the Government Gazette.
113. IF at any election of mayor, councillors, or auditors no vacancies or a number of vacancies less than the whole number which other cases to create should have been filled up at such election are filled up, then the
day to be deemed in
Act (Vic.), s. 134.
to hold election.
Ioid., s. 134.
vacancies which are not so filled up shall severally be deemed extraordinary vacancies, and to have occurred on the day appointed for such election, or to which the same may have been or may stand adjourned as before provided: Provided always, that the councillors eventually elected to fill such vacancies shall go out of office as if elected at such election.
114. IF on any day appointed for holding an election of mayor, Provision on failure councillor or councillors, auditor or auditors, no election is held, then the vacancies which ought to have been filled up at such election shall severally be deemed to be extraordinary vacancies, and to have occurred on the day appointed for such election, or to which the same may have been or may stand adjourned: Provided always, that the mayor, councillor or councillors, auditor or auditors, eventually elected to fill such vacancies, shall go out of office as if elected at such election.
Election not to be questioned for defect of title.
115. NO election shall be liable to be questioned by reason of any want or defect of title of any person by or before whom such election shall have taken place, if such person shall have See 59 Vict., No. 10, acted at such election, nor by reason of any formal error defect in any declaration or other instrument, or in any publication made under this Act, or intended so to be, nor by reason of any publication being out of time.
Act (Vic.), s. 136.
116. NO advantage shall be taken of the invalidity of any Invalidity of elec- election in any action or suit by or against the council, but every such action shall be tried as if no such objection existed.
tion no plea to
moneys deposited on nomination.
117. THE returning officer shall, where a poll takes place for any election of mayor, councillor or councillors, auditor or auditors, apply the moneys so paid as aforesaid at the time of nomination by any such candidates as shall not at such election have received a number of votes equal at least to one-fifth part of the votes given to the successful candidate, or, if there be more than one vacancy to be filled, to such one of the persons declared elected at such election, as has had the least number of votes thereat, in and towards defraying the necessary expenses incident to such election, whether incurred before
before or after such payment; and shall after such election repay to each of the candidates who has so received at least such fifth part, whether declared elected or not, or who has been returned without a poll, or who has retired as herein provided, all moneys so paid by or for him, and the same may, in default of such payment, be recovered before any two Justices.
of returning officer.
118. ALL reasonable expenses of or incident to any election incurred by the returning officer, and not covered by the moneys to Payment of expenses be paid by the candidates as hereinbefore provided, shall be repaid Local Government to him by the council out of the municipal fund, and may be Act (Vict.), s. 139. recovered before any two Justices.
119. ANY returning officer, poll clerk, or scrutineer, who divulges for what candidate or in what manner any voter has voted at any election, shall be liable, upon conviction, to a penalty not exceeding One hundred pounds, nor less than Fifty pounds.
120. EVERY person who
Penalty for returning name of candidate for
whom any person votes.
59 Vict., No. 10, s. 80.
Offences in respect of or voting.
(a.) Forges or counterfeits, or fraudulently defaces,
(b.) Without due authority supplies a ballot paper or voting
(c.) Fraudulently gives to the returning officer for insertion into
(d.) Fraudulently takes out of the ballot room or compartment
(e.) Without due authority destroys, takes, opens, or otherwise
(f) Knowingly and fraudulently makes a false answer to any
(h.) Records a larger number of votes than he is entitled to at
any election; or
(i.) Knowingly and wilfully breaks the seal of or opens any such sealed parcel or bundle as aforesaid without the order of a Judge of the Supreme Court;
shall be guilty of a misdemeanour, and be liable, if he be a returning officer, or poll clerk, or scrutineer, to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined any sum not exceeding Two hundred pounds, and if he is any other person to any term not exceeding six months, with or without hard labour, or to a fine not exceeding Fifty pounds.
(2.) Any attempt to commit an offence under this section shall be punishable in the same manner in which the offence itself is punishable.
(3.) In any information or other prosecutions for an offence in relation to the ballot boxes, ballot papers, voting papers, and other matters and things in use at any election, the property in such papers, boxes, or other matters or things may be stated to be in the returning officer at such election.
121. (1.) EACH of the following acts shall be deemed and Bribery and corrup- taken to be acts of bribery and corruption on the part of any candidate at any election for the office of mayor, councillor, or auditor, whether such act be committed by such candidate, or by any person authorised to act for him:
(a.) Giving money or any article whatsoever to any elector with a view to influence his vote.
(b.) Making with or giving to any elector any agreement or security for any gift or reward or holding out to any elector any promise or expectation of profit, advancement or enrichment to himself or to any of his family or kindred, friends or dependents in any shape, in order to influence his vote.
(c.) Making use of any threat to any elector or otherwise intimidating him in any manner with a view to influence
(d.) Treating any elector or supplying him with meat, drink, lodging, or horse or carriage hire, or conveyance by steam or otherwise at such election, or whilst engaged in coming to or going from such election at the expense of the candidate.
(e.) Payment to any elector of any sum of money for acting or joining in any procession during any election.
(f.) Keeping open or allowing to be kept open at the expense of the candidate, or with the view to influence the vote of any elector, any public house, shop, booth, or tent or place
place of entertainment, whether liquor or refreshment
(9.) Giving any dinner, supper, breakfast, or other entertain-
(2.) And no action or suit shall be maintained by any publican or any owner or keeper of any shop, booth, tent, or other place of entertainment against any candidate or any agent of any candidate for any liquor, food, or refreshment of any kind whatever for man or beast supplied upon the credit of any candidate or agent during the progress of any election, the supply of which in any way contributes to render any candidate guilty of an act of bribery and corruption.
122. EVERY act of bribery and corruption on the part of any candidate for election shall render such candidate incapable of holding the office of mayor, councillor, or auditor for the term of four years from the date of such election.
Bribery and corrupdidate.
tion disqualifies can
Ibid., s. 83.
bribery and corrup
123. ANY person committing any act of bribery and corruption, whether such person is a candidate or not at such election, and Punishment for whether such act be committed by himself or by any other person tion. employed by him for that purpose, shall be guilty of a misdemeanour, Ibid., s. 84. and be punishable, upon conviction, by a fine not exceeding Two hundred pounds, or imprisonment not exceeding six months.
or offering reward as
124. EVERY person who, having or claiming any right to vote at any election for the office of mayor, councillor, or auditor, Penalty for receiving asks or takes any money or other reward by way of gift, loan, to vote. or other benefit, or agrees or contracts for any money, gift, office, Ibid., s. 85. employment, or other reward, to give, or to forbear to give his vote at any election; and every person who, by himself or by any other person employed by him, by any gift or reward, or by any promise of or any agreement or security for any gift or reward, corrupts or procures, or offers to corrupt or procure, any other person to give or to forbear to give his vote at any election, shall for every offence be liable to a penalty of Fifty pounds, to be paid with full cost of suit to the person first suing for the same by action of debt in a summary way before two Justices.
salaried officer of
125. NO salaried officer of a municipality shall canvass at any election of mayor, councillor, or auditor; and any salaried officer Canvassing by who canvasses at any such election shall be guilty of an offence municipality. against this Act, and be liable to a fine not exceeding Fifty pounds Ibid., s. 87. for every such offence.
Appointment and remuneration of officers.
Ibid., s. 13.
PART III.-OFFICERS OF THE MUNICIPALITY.
Division 1.-Officers appointed by the Council.
126. THE council shall appoint, from time to time, a treasurer and such other officers and servants as are necessary, and define their duties; and may assign remuneration to such officers and servants; and may remove them and appoint others in their stead; and may require the treasurer and any other officer to give security, or a bond with two sureties for a reasonable sum, to be respectively approved by the council, for the discharge of his or their duties.
127. EVERY officer of any municipality so removed, who shall Removal of officers. be in possession of, or accountable for any moneys, goods, valuables, account books, accounts, or papers belonging to, or concerning such municipality, shall deliver up and account for the same to the council immediately upon such removal.
Collector of rates to
See Local Govern
ment Act (Vic.), s. 147.
128. EVERY officer appointed or employed by the council pay over moneys and to collect any rates or other moneys shall, after he has received any moneys on account of the municipality, pay over the same to the treasurer, or other person acting in such capacity, to the account of the municipality, and shall obtain from the treasurer or such other person as aforesaid a receipt, which the treasurer or such other person as aforesaid is hereby required to give for such moneys, which shall be a discharge to the officer, and every such payment shall include all moneys received by the officer on account of the municipality up to the day of making it; and when payment is made to such officer in cheques, he shall hand over to the treasurer, or such other person as aforesaid, the actual cheques received by him; and when payments are made to such officer in coin or bank notes, he shall hand over to the treasurer, or such other person as aforesaid, in coin or bank notes, the amount received by him, after deducting the sums paid away by him in giving change, but without any other deduction.
Collectors to make returns to the council.
See ibid., s. 147.
129. EVERY officer shall, within such time and in such manner as the council shall direct, deliver to them true and perfect accounts, in writing under his hand, of all moneys paid by him to the treasurer or such other person as aforesaid on account of the municipality, and also a list of the names of all persons who have neglected or refused to pay any rate or money owing by them, with a statement of the moneys due by them respectively, and in respect of what several periods rates and accounts the same are due respectively; and every officer or treasurer, or such other person as aforesaid