RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 1503, 22 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, July 19. [Before H. A. Stratford, Esq., R.M.] WYLDE V. SIMMONS. This was a case adjourned from Monday, the 11th inst., being an application, by a resolution of the Borough Council of Kumara, to oust from office as Councillor George Simmons, sen., who had become incapable of being a councillor; and the Town Clerk (James Wylde, Esq.) had been instructed to proceed against Mr Simmons. We reprint the affidavit, which was as follows : I, James Wylde, of Kumara, Town Clerk, make oath and say—--Ist. That one George Simmons, on the 10th day of January, 1881, was elected to fill an extraordinary vacancy in the said Borough Council. 2nd, That he, the said George Simmons, has since, to wit on the Ist day of June, 1881, become incapable of holding his office, inasmuch as the said George Simmons' name does not appear on the Burgess Roll which came into force on the Ist day of June, 1881, he not being enrolled in respect of any rateable property in the said borough. 3rd, That the said George Simmons persists in attending the meetings of the said Council and voting thereat. James Wylde. Taken and sworn before me at Kumara, this sth day of June, 1881. 11. A. Stratford, Resident Magistrate. The Resident Magistrate, it will be rtmeii-beied, adj aimed the c.se that the resignation «.f Mr Simmons might hive an opportunity of coming before a meeting of the C'ounjil on the followiiig Thursday ; and the! Council passed a resolution •' That in the event o! Or. Simmons sending in before Monday next, to his Worship the Miyoran unqualified resignation,' that the TWn C!e>k be instructed to withdraw proceedings against CV. Simmons." Mr Simmons not deeming it o, to conipy with "this r .solution, the Town Cletk, of course, proceeded with tile case at Court.

James Wyhle a;tid : \ am Town Clerk :md Reluming Oiiieer for the Boron»h of Kmnara. On the 101) January last, Ooorcc Simmons was rh\-ti;\ to iiil at! exrra-'i'diiiji! v VikmijOiin tiio L'outj'.'il. eam-e i b\ i.he tt'u'reu.e.ii,

of Charles Pierson. At that time George Simmons was a burgess, haviti" been assessed as occupier of a shop in Seddon street and his name heiri£ on the Burgess Roll. When the Valuation List for the present year was compiled, it was found that Mr Simmons had ceased to occupy the shop in Seddon street, and that he was not, in terms of the " Rating Act," either occupier or owner of any property in the borough, and his name was consequently not inserted in the Valuation List. Mr Simmons applied to the Assessment Court to have his name inserted, but the Judge disallowed his claim. I produce Valuation List, signed by the Judge of the Assessment Court. As a consequence of Mr Simmons' name not being on the Valuation List, it does not appear on the Burgess Roll which came into force on the Ist June last, aud since that date he has ceaced to be a burgess. I produce the Burgess Roll certified by the Mayor and two Councillors as correct, Mr Simmons being one of the Councillors so certifying. No objection was made to the Burgess Roll by Mr Simmons; yet he has, since the Ist June, persisted in attending and voting at meetings of the Council, and consequently these proceedings had become necessary. Mr Simmons came into Court just as Mr Wylde had concluded his statement.

His Worship read the statement over to Mr Simmons, and asked him if he had anything to say. Mr Simmons: I wish to ask Mr Wylde if he is of opinion that I am not legally qualified to sit as a Borough Councillor.

His Worship: I have nothing to do with Mr Wylde's opinion : it is I who have to give an opinion. Defendant iii this case is ousted of bis office as a Borough Councillor, it having been proved that he has not the qualification necessary under section 60 of the "Municipal Corporations Act, 1876." This judgment is given under section 61, sub-section 5 of the said Act: without costs.