BOROUGH COUNCIL.

Manawatu Standard, Volume IV, Issue 130, 1 May 1884, Page 2

BOROUGH COUNCIL.

Special Meeting.

At the meeting of the Borough Council last night, convened by the Mayor, for the purpose of confirming and attestiiig the Burgess Roll of the Borough for the year commencing June 1, thuve were present: — The Mayor, Crs McNeil, Walker, West, and Ferguson. After the minutes had been read and confirmed, the Mayor said that m order to show the position^t'bhe-Gouncil he would read the following opinion from the Borough Solicitor which had been o b tamed.- .^ , _,_ ,^ " Sir : Signing cheques. The Council might remain iv office^illit has corrected* and signed at le>i); new set of burgess lists ; 6tberwise"its successors could not be elected. The Act of 1882 cannot mean tfiat the immediate result of the dicision of a Borough ■ should be a geneyal . election 'jupon the basis of the individual burgess list. If the Council had resigned it would hold office till the 1 election of its successors which is the case alluded to m section 6 of the Act "of \lf&B2. New Burgess List. I would suggest that the Mayor should caR a,)u,ee^ng undeiysyection 45, and adjounrfoir, Wy, annontsli-to enable the list to be sorted into wards. If you desired to be precise, you should make up another set of burgess lists from the old, oV istuev\present Burgess List. New Election. lam not yet prepared to say whether these should be held as soon as the new lists" are fci«nedby the Council, or at the time fixed by sextion 66. Tho latter view is the clearest. — Eliot Warburton. f Further opinion*; .iWLnnfcipal Corporation Act Amendment 1882. The usual course 4*<?r si solicvtor 'm; doubt is to take the opinion of another lawyer as counsel, arid' thereof' relieve himself from responsibility. Tho costs would range at frotri 6nVt<£§ix "guineas at the. oj)tion of the Council ; the latter figu njP would procure an opinion from the Attorney-General, Mr Stout, or any other Barrister; of equal prestige, but the former gentleman would be likely to a bias^on thejCgnsJiitJact'iaQrof an Act tor which he is responsible. Section 66 of the original Act is not only not repealed by tho Act m question, but eyen ( ponfirmed b_y r section 7, except wliere^expres^fwavikibrftiS.made to the contraiy. In case of inconsistency be* ■• t\veen'&jfoi(l:7 ;{s&ss&&} %%99^ prevail. It follows that if the Council goes out "before S^ptemi>e:r< all thwr successors will go out m September under section 66. \Tl\e point m doubt is whether sub section 1 of section S is explained by or cumulative upon the other sections. At all events the Councillors are not liable, to be ousted till their successors take office, so that the responsibility rests with yourself only. There are two ways m which the 'Council could" irslieve y^ou of responsibility : one is;fi£ resigning, and the other is by; a fiienitJlyrlaction. In the fonner^asc they wouM hold office till theelection of their successor, as section 4 of the Act of 1.877 is the only Act which relieves a resigning councillor of office.- A Grazetto notice is not supposed to be known m the same way as an Act of because all the country is supposed' to be present at meetings of Parliament : bu&the Executive; Council "is hot supposed to represent the people. £do not see therefore thai; you can be expected to know pf the diviaiou d£. the Borough as soon as the order m, Council is made, or to give notice to the Returning Officer -before you receive, it; — Eliot WarburTON-. • • ';•[ I.- . The Mayor then asked some member of tb.e Council to -mip.Yg a formal resplutiqn.in qo^formity with the opinion just.read. Proposed by Ct Ferguson, seconded ■ by;Cr M'Neil, and; carried Tiat the confirmation of the Burgess Soil and coosideratioriiOf. defaulters' l«t be adjourned until Ma'jr 30 to alhw the roll to be divided m accordance with the subdivisions of the Borough now proclaimed. . Pjoposed by Cr McNeil, seconded by Cr Ferjguson, and aarriod :— That the Estimates tio v before the Council be adopted; and that' afc'th©^ statutory meeting on' May 13, the CounoiV strike ■ $ yate of oneshjlling^in^the £ on the property valuatioh'foV a Ra\u, ' and Id m the £ for a Library Rate. ft was resolved that extra clerical assistance; bb aliqweirl T^wn Clerk m the preparation of tHeltKi^ ce s S lists for the several wards. ... The estimates 'aind^expenditure for the, ensuing year were tht^n read by the Mayor. The estimated 'expeniiture showed a total of £3235 ; the estimated revenueTrpm various sources being revenue fi;om ; ls' rate £948, and bank overdraft £14501 It was agreed that the^next ordinary meetinjrVuich should have been held nest Wednesday should be adjourned ■by the Clerk until the date of the special annual meeting to take place on Tuesday the 13th inst., at 7 p.m. as there was no business of special urgency to be transacted m the meantime. The Couacil then adjourned.