Penalty for person incapable of election, or of person whose seat has become vacant, who sits and votes

Any person whoperson in- capable of or votes. (a) having been returned as an elected member of a Council without having been at the time of his election qualified to be an become vacant, elected member, or having since his election become disqualified in pursuance of section 7, from sitting and voting, sits or votes on the Council; or (b) sits or votes on a Council after his seat has become vacant under section 9, shall, for every day on which he sits or votes after his seat has become vacant, be liable to a fine of one hundred dollars to be 12 recovered by action in the Supreme Court by any person who, with the written consent of the Attorney General, sues for it.