Local Government Act, 1941

Casual vacancies in certain urban authorities.

42.—(1) Where a vacancy (in this section referred to as a casual vacancy) occurs in the membership of the council of a borough (not being a county borough or the borough of Dun Laoghaire) or of the council of an urban district or of the commissioners of any town by reason of the death, resignation, disqualification, or refusal to accept office of a member thereof, such vacancy shall be filled by such council or board after due notice at their next meeting after the expiration of one month from the occurrence of such vacancy or as soon thereafter as circumstances permit.

(2) Every person chosen under this section to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified, or unless he refuses to accept office, hold office for the residue of the term for which the member occasioning such vacancy would have held office had he not died, resigned, become disqualified, or refused to accept office (as the case may be).

(3) Every person chosen under this section to fill a casual vacancy in the membership of the council of a borough shall hold office as a councillor whether the member of such council occasioning such vacancy was an alderman or a councillor.

(4) During the period of office of a person chosen under this section to fill a casual vacancy in the membership of the council of a borough occasioned by the death, resignation, disqualification, or refusal to accept office of an alderman the number of aldermen of such borough shall be reduced by one.