THIS COUNTY CHAIRMANSHIP.

Dunstan Times, Issue 1033, 3 February 1882, Page 3

THIS COUNTY CHAIRMANSHIP.

The followin'.; correspondence his linen placed ao our disposal for publication ; - Mu. AYn. son’s Eeply. [copy] Clyde, January 23, ISS2. The Comity Clerk, ciy 'o. Sib,—l. am asked to advise upon what 1 understand to he the position of the County Chair at this time upon the following state of facta, viz. i That an ordinary meeting of the Council being held to-day, in the course of such meeting the chairman (V. Pyke, ICsip) placed his -written resignation of the otliee of chairman in the hands of the comity clerk. That CmmeiPo;- iM’Cintiia was appointed (Oy vote) ae iog chairman, and after taking the (d'a’r he ivipvated the Council to elect the chairman in place of Councillor Pyke resigned, to which it was objected that it c-aild not bo legally done without tlie forntaliiies prcsci ined by secthm oil, “ Counties Act 1870,” being complied with ; and 1 am asked to advise upon the whole position.

I have nob “May on Parliaments,” but the ease so ins to me *o be analogous to the office of Speaker in a Lower House of Parliament. I am of opinion (but with some little diffidence on the first p dot) 1. That section 35 read with section 5G only applies to the chair at the close of a comity year and until the chairman for the next year is elected, and has no reference to resignations or temporary vacancies. 2. That the Council, nude- theciienm-stmie-s, could appoint a chairman pro tem. 3. Tnat the County Chairmanship is How vacant. 4. That a me ting must be cal'ed as directed by section SG, of which seven days clear notice must bn given by the county e erk, pursuant to section 81. for the election of a chairman for tho remain ler of the term of office. And to queries put by the acting chair man, widen are as follows :■ -

5. Whether the chairman's successor has been appointed under section 55 ? I answer Net. C. And if so wnether the office ever became vacant under section 0(5 ? I answer, — It is now vacant by reason of the written resignation handed to the county oleik. 7. Whether it is necessary to call a meeting, or if the Conned can at once proceed to the' elec-ion of a chairman? I answer, -The Council eann-'t elect a perm n tit chairman at their present, ineeti tfjoi atiy a j mrnmenr, thereof, line must have a meeting f.>r that purpose (which apparently need not be a special or extrao (Unary one), to bn called as soon as r ecieahle after seven clear 'lays from notice thereof by the comity clerk, which ho must nice, forthwith, tuat is, without nonce ssary delay. 8. If so ti c. ssiry, who is the person to lilt rhe chair peudiue such election ? 1 answer —That as in tins oa-e has been done l>y the Connell, a councillor moat lie voted into the chair as ofum as necessary. The cases appear to ou the same whether a chairman kills lus office by resignation or were physiea ly io <li- woilst in offiee. The only reference I can find is the following; : la ‘ • Fi-dicr’s Digest is this ca e : A quo warranto was granted against a person lor exercising h:s otfiee in Corporation after he had resigned by writing hut without deed. Rev. VV. Payne 2 chit. 307. I have Lite honour Co he. Sir, Y”\ir obedient servant, (Signed) F. J. Wilson. The chairnmn also comnumicateil with ?d ! . kolarr, Slout and ex -imice Harvey of Du ie 1 1 as follow's :

L'lenso give opinion,—see sections 55 an-1 50 Count! s Ant. The chair nan of the Council annouiijc.l his (Itsijc io resign his offi ■ Thereupon another eonnti I -r was elecie I acting chairman until a permanent ciiainn in s ionhl l»e appointed. Afro wards the cliainnau handed in his resignation. Questions are, — 1. An s-c ing chairman havin'? been elec e I hefmesncdi resignation, did the office ever luc.*me vacant ? 2. Is ir. co.indent fer the Council to forthwith elect the perm meat chairman ? 3. Was the acting chairman loyally elected la foie the chairman’s resignation ? 4. 1 f not. who is now legally chairman ? 5. What is the proper con*sc? (Signeii) Vimckst Fyke. Chairman. Clyde, J muary 25, ISS2. *Mft 8t ktt’s UtPLV. [C PV 1 Tn Vincent Pyke, E ip, Civile.

Unlit his reai"ii;itioii tins been actually pus in in writing the chairman issu'd chairman .-mil until iisuccessor is -doted. The proper course after the resignation seems to me to be for the eteik to call a special meeting to proceed wiili the election of the chairman’i successor. See seel ion s(i. In a'is'Vir in questions 1, 'J, anil .*s—No. To 4, —Tim forme • chairman. To 5, Call a meethu o' C mined. (Si.iiiM) Uodert Stout. Dunedin, 2utli J iimary, I So-’. Mi;. Hauvuys Ua-i.v. I'h'PV.] To V. fyke, K ip, Ciyno. There is no provision for such an office na “ acting chairman.” The chairman having resigned holds office uori' his MU'censor Iris been du’y • Iccttd. Toe Council inii-t p-o----coed to elect a permanent clui m in at once. The acting chainntn is not elocie I and the tmiiici chairman is «:il! legally the chairman. T n* clerk must “tm towiih” ca l a meeting Council to elect a now chair, m m (S gm:d) 0. W. Harvey. Dunedin, 2tith January, 1682. The following was scut to Mr. F. J. Wilson and to Mr. F. Haivey. IUOPY.] VincenfOnunty Offices, Clyde, Jan. 20. 1882. To F. J. Wilson, Esq., So'icitor, Clyde. This case is submitted for your opinion : At a ,- r> octal Meeting” held on the 29th September, 1831, a motion was earned as follows “ Tinat tbo number of ridings in Um Vincent County l.c ieduced to eight ; and for tins purpose the ■ tilings of Nevis mid Kawaran be amalgamated under (be name of Camels Hiding, and tint the Council order thereon, and that one member of the Council bo relumed hy and for each nt.ing.”

On September 3D an advertisement (copy herewith) was forwards 1 by the bounty clerk , to the OroiivmU Ary as (whereinit was pun- i fished oil October 4) convening a rpneial meeting to confirm the CounciTs i(•solution.' 1 and wherein in was announce I that sunli 1 meeting would bo htld at noon on Saturniy . 29-h October. Tim same advertisement was published in tho Damian Timas of October 7, by the - order of the county clerk. On tie 19th o"tober, 1881, notices were | sent to all councillors to attend a arterial meeting on Saturday, the 29th dav of October, at 2 o’clock pm, “to confirm 1 ' the resolution of tho Council admired at a special meeting held on tho 29th day of September, 1881. At 12.30 P m. on the 29th day of October, two councillors atten led at the County office when the following occurrence took place :

Councillors Jolly anil Cololoiigh only being present. Or. (’nlclough proposed : “That “Councillor” t ik -the chair.” There being no seconder, Or Uolclough dec! am I that the meeting lapsed for want of a quorum. Cr. Jolly declared that the meeting stand adjourned for seven days. The chairman upon being informed by the clerk of the action taken by the two councillors wroti th<> word “erased'’ in red iidc across the mint . a and addcd.thereunder “ The meeting having been convene 1 for 2 j>. in , these proceedings ire highly irregular and in'“ erased.” (Signel) Vimck.vi' I’ykk, Cha rman, 29th October, 1881. At the time s' ato 1 in the circular them was a full meeting of the Council, at which the two councillors who had previously met were present, and at this meeting the following resolution was carrie I : “That the resolution of the Council ns contained in the Spkcial Okdkk I adoptin' at a special rnceuii; !n*nt ' on the 23th day of September, 1831, ! be confirmed.” At the same meeting the following protest was hj inded in by Cr Colehmgh “ 1 hereby protest against the v.di Mty of the special meeting held at 2 30 pm. on the 29th October, as the meeting was duly held as per

statutory notice, an 1 the question before the meeting w.u duly disposed of.” (Signed) Charles Colclodoii, Cuuuuibo.-, On the 23rd November, 1851, the Council adoptfi the following resolution : “That the ronyh minutes taken by 1 the clerk at 12.30 p. m. on the 29: it day of October, 1851 ho inherit;. l m the minute hook. Whereupon the "rough minutes” referred to were ordered to be inserted m the miuu e book of the Council, and the minutes of the meeting at which s ich order was m vie contained a ‘'copy” i f the rum'll minutes amt j were confirmed at the next meeting of Council. The questions arc : 1., Was the action . f the two councillors valid and lei'lli. 2. Was the suioequeut action of the whole Council valid and legal. 3. Should the >q,y of the “ ronrb minutes no retained on the minute book or can the Council order them j to he erased. (Signcn) M. J. M ‘Ri.n.nis, Acting Chairman.

Mk Wilson’s KrplV. [CUPV. J T have eonsi l**r«d tlie accompanying case 1 and doru no.its, ail in answer Co the questions submitted, and on the whole case f am of opinion That proper notice of the minting in-U-ivlihi t • K* on Clio *2o:ii day of Octi'h r, IdSl. wad not given. The whole quetfi >u hinges upon : the coiilr.idieCion of hour ; and it appears u> me Unit notice M suen m»vii s required ]>y tin* Infc e • ' part of snh-acci .on of section 80 of lue Counties Act, 1ST"), was never seat to each Coimci.iur. A not.ee was btin. but nor. such a*n one as the law required ; it b ng ddl'e- ! rent to the iimir named in tue pub- , he untie.-, ami ihciefore mislead- 1 iug, ami this Ac - , (viz. giving the 1 noiieer) hemg in [t.jrlortiiam-e of a p i .he only, nuisr. lie stnctiy e.iri ied through. “ Limliny •>n parnership,” in lay in;; i down the law as alf.cling nieetuiLS of c.nupanis say*: * 4 Tue only general * rule which can he laid down is tna.r uoti'-c must he given in the m inner pres‘lined hy each Oeinpanys Act, charter, deed of settlement, or regnl itions ” And “Maxwell on .Statutes.’' says : “ Wliiu powers and privileues ar«* i*i* nted subjeoc to compliance with Certain regulations or endd ions, it seems in general not contrary to justice or policy to exact a ligoroils observance of them, and id in tberefoie p»oi>a'de that such an observance was deemed essential by the Legislature.” Mid again. 4, 1n general then it seems that where a statute confers a privilege or a power the regulative provisions which hj imposes on its acijuisitimi or exercise are essential an i iui- i

pera'ive ” Aml “in air-vw ti tin quistions submitted f reply,— 1. Tin; ntion of tiio two councillors is as to IT Gi'lemuga insensiole and •contrary to section 72. ami as it. lines not. nj ji or that tiio two cuiHullms j-iiiiu I in oeelaring tin; meeting (d ir, wore one) a j ■ur.inl, till* minutes (so call- .1) 1 1*» not comply until section 71, an I are tlioietore iiugaiory. 2. ! think tlie subsequent action of tiio wuole Council was not valid anil legal for Hie reasons already given. 3. Tliat the copy rough minutes are nugatory, ami have no elfeec but being inserted they cannot, nmv bo expunge I except by propu rtintiuo iicno . fir tliis imrpnsu as prnviileil for by section 73. (JSlml.fd) K J. WILSOX, January 3D. 1332. Mu. G. W. Harvey’s Reply. [copy, j To Or. Clark, Clyilo. Only roturneil from Lawrence! yesterday and posted opinion immediately. Proceedings ai. iirst;meeting irregular, no conclusion come to by Colclougli and .lolly one declines tnieting lapsed, one declares it a p turned. J think the second morning of the w hole Council afterwards was tegular although the time did not coincide witu the j iib lin notice. The private notice required by sec. 31 was suit in order. Answers to questions ns folk in ; Action of Councillors Cilol -ityh and .lolly not valid ; action of wliolo Council valid , Council may pms resolution jto expunge i(n.._h minutes. G. W 11AI1V11Y.

Opinion op Mr. Wilson ; On question as to power of County (,'b‘ik In j receive nomination for the office of j chuhnjan. j To the Comity Clerk, (llvde,' Silt, —lleplviug to yottr verbal queries, 1 nm of opinion .hat the Council's Bye.Law No. 1, sec. 2, providing illar the rules of Parliament shall lie followed when applicable, c m pled with flections 9 and 79 of the Counties Act, makes it impossible In propeed ti l after the election of dial m in, for their c m bo no Lower House of Parliament duly constructed till the Spe.ker has been elected. If on putting the first name a li" jesu'ts. it would seem that if another natie (in mnnercial rot>tinn) wore put It m’ght result ill an absolute maj irity which should overcoire this difficulty—but it is nrtt free fromdoubt wlicthor a chairman should not he elected whose first business would he to receive resolutions tor office of County Cliaii man. Yours, A:c , I*’. O. Wilson. P S.—ln the old Municipal Ordinance of Otago there was no provision in the event df a tie, and that event happening on more than one occasion, new elections wore held and considered to he n ilit I v done. By analogy, if afi the names put method in ties the whole procedure must be gone over again till a majority is ultimately obtained, no matter how wearying the process, F J. Wilson-