AROWHENUA ELECTION.

Temuka Leader, Issue 1809, 30 October 1888, Page 2

AROWHENUA ELECTION.

The Resident Magistrate (Mr 0. A. Wray) delivered judgment in 'the above case yesterday. He said:— The qualification for Commissioner* in Town Districts is given in section 16 of “The Town Districts Act 1881” in the following words: “No person shall be qualified to be elected a'commissioner unless he shall be rated for the purposes of this Act at an annual rental of ten pounds at least.” With the Town Districts Act are incorporated “The Rating Act 1876” and “ The Regulations : of Local Elections Act 1879;” and so long as the rating continued to be regulated by the Act of 1876 no difficulty in interpreting the qualification could arise. That Act was, however, repealed by “The Rating Act 1882,” excepting in Boroughs, and the rateable value was then estimated on the fee simple instead of on the annual rental. Thus in considering the qualification of commissioners it became necessary to fix a standard to convert the annual rental value into the corresponding amount of capital or fee simple value This, it seemed to me, was afforded by section 14 of “ The Eating Act 1882 ’’ which fixes £IOO of rateable value under that Act as equal to five pounds annual value under former Acte “ for voting purposes.” If B 0 construed for voting purposes, it should, I think be equally applicable to a qualification for election. It may be said that as the rate leviable under the Act now in force has been altered to |d in the pound, and that consequently a ratepayer assessed at £2OO would be liable to pay more than formerly on the annual value with a maximum of Is in the pound, that the qualification should be reduced accordingly, and brought down to £l6O, which would bring in the corresponding 10s. But it seem* to me that the mere alteration of the limit of taxation for fiscal purpose* does not affect the question of the qualification, which is simply one of the value of the property actually held by the candidate, I have therefore ruled that « £2OO valuation i* necessary to qualify candidates for election a* Commissioners in Town District*. At the same time it seems somewhat anomalous that it should be so, for as regards Boroughs any burgess rolled in respect of rateable property is now qualified to be elected a Councillor, and on Road Boards every ratepayer is qualified to be elected a member. Thus in Town Districts only is the old qualification kept up, which in other bodies ha* been reduced. This may be an omission, but it appears to be the law» and must therefore be given effect to in the case of the two petitions referred to, and in the manner decided on_ the trial. George Edgeler and William Bryan are then ineligible, and Mr Joseph Ash well and - Mr J. T. M. Hay hurst are elected in their stead.