Page 33 - index

32 MUNJCfPAL LAW. ;
At such by-election, where tliere is only one councillor to be elected, eiicli
elector hIuiH have but one vote, mid the councillor so elected shall hold
oHice durinj;- the unex])ii'ed term of his predecessor.
lit.**. Election Expenses incurred in the election shall be liorne
wholly by the county. I>ut where an election for the local municipality is
held at tfie same time all such expenses as wouM be nece,s.sary tor such
election shall bo borne by the local nnmicipality. Jn case of ilispute
between the local nnmicipality and the county as to the apiwrtionment
of the expense, the ('onnty Judge, upon application of either party, upon
four days' notice to the other party, shalljnake such order as to him seems
ju.st.
ilUi. Penalty for Neglect of Duty. Any county clerk, or clerk of
a local nuniicipality, who refuses or neglects to perform the duties pre-
scribed by the Act, in relation to elections for county councillors, shall be
liable to a fine of ^'200 and costs.
1117- Penalties for False Returns. Any clerk of a local munici-
pality who knowingly makes false returns to the County Clerk of the
result of the voting for county councillors, or any county clerk, who know-
ingly makes a false or incorrect declaration of the election returns, or any
nominating ottieer who knowingly makes a false declaration of election, or
couniiits any other wrongful or fraudulent act atf'ecting the election of a
candidate, shall be liable to a tine of S500 and costs, and l)e dis(|ualitied
from holding any kin<l of a nuinicijial oHice in Ontario for four N-eai-s.
V.iH. Vacancies in County Council, by crime, insolvency or absence,
same as for local municipality, which see Section 118.
tlt9. Resignation of Warden. The warden of a county may resign
his seat by verbal intimation while the Council is in session, or by letter
to the County Clerk if Council is not in session, in which case, or in case
of vacancy l)y ileath, or otherwise, the Clerk shall notify all the members
of Council, and if ictpiired so to do by the niajoi-ity of the members shall
call a special meeting to till such vacancy.

CONTROVERTED ELECTIONS.
140. In case the valitlity of the election of a mayor, wanlen, reeve,
deputy-ieeve, alderman, county councillor or councellor is contested, the
same may be tried by a Judge of the High Court or the Judge of the
County Coui't, or the jMa.ster in Chambers.
Tile relator for the purpo.se may be any candidate at the election, or
an elector who voted or tendered his vote : or, in case of an election by
acclamation, then any elector entitled to vote at said election. (Sections
219-282, li. S. O.)
141. Appeals- The decision of a Judge of the High Court is final
but the decision of the Master in Chaml)ers or officer acting in his place, or