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New Zealand Times, Volume XXXIII, Issue 5426, 17 August 1878, Page 2

The Municipal Corporations Act provides for the retirement of councillors in rotation a* follows :—“ On the second Thursday in September in every third year one-third part of the whole number of councillors assigned to each boi’ough shall go out of office, and the councillors who shall go out of office shall always be the councillors who have been the longest time in office without re-election ; and if by reason of two more councillors having become councillors at the same time, it shall not be apparent under the foregoing part of this section which of such last-mentioned councillors ought at any one time to go out of office then such councillors, as to whom it shall be so not apparent, shall go out of office in the order of the number of votes obtained by each at his election, commencing with the smallest number and proceeding upwards ; and in all such cases, if the votes given for any councillors of whom a number less than the whole are to go out of office at any one time shall have been equal, or if such councillors shall have been elected without a poll, or appointed as herein provided, the council, fourteen days at least previously to the day hereby appointed for the going out of office, and in their default, the Superintendent shall, for such occasion, determine in what order and which of such councillors shall go out of office.” It appears that a doubt has been raised as to whether Councillor Allan or Councillor Diver ought to retire at the forthcoming election from the representation for Lambtou Ward. The following correspondence which has taken place on the subject between the Town Clerk and the City Solicitor shows how the case stands, and that according to Mr. Travers’ opinion Dr. Diver is the Councillor who should retire on this occasion. From the Town Clerk to the City Solicitor:—“Last September, in consequence of the subdivision of the city into wards, a general election of all the Councillors took place. The votes in Lambfcou Ward for the successful candidates were as follows : Moss, 402 ; Mills, 308 ; Allan, 295 ; Hanks, 220. Mr. Mills was declared duly elected, and sat at two meetings of the Council, but did not vote —being disqualified in consequence of his name not being on the burgess roll. On the 19th October Mr. Mills resigned, and on the 13th November Dr. Diver was elected, polling 210 votes. The annual election comes off next month. One member retires for each ward. The question is, under the above circumstances, who is* the Councillor who ought to retire, Councillor Allan or Councillor Diver ? —(Signed) C. C. Graham, Town Clerk.” Reply of the City Solicitor :—-“The election of Mr. Mills was absolutely void, as being a person not entitled to be elected. The number of votes polled by him cannot therefore be taken into consideration in determining the above question, I am of opinion that Dr. Diver’s election must be treated as part of the general election, and that he should go out of office, and not Mr, Allan.—(Signed) W. T. L. Travers.—August 15, 1878.”