ACTION UPHELD

Wairarapa Times-Age, 2 November 1938, Page 5

ACTION UPHELD

RATEPAYERS DEBARRED FROM VOTING ON ACCOUNT OF PENALTY IN ARREARS (By Telegraph—Press Association.) DUNEDIN, November 1. Reserved decision of particular importance to local bodies throughout the Dominion and involving their statutory right to debar from voting in local body elections any ratepayer who has paid his rates but not the 10 per cent penalty imposed for late payment was delivered by Mr J. R. Bartholomew, S.M., in the Magistrates’ Court this morning. The case was brought against the Peninsula County Council by John Porterfield, Portobello, and Alexander Porterfield, Macandrew Bay, farmers. They each claimed from the council and John Seaton, county clerk, £5O as damages arising out of defendant Seaton’s action in placing their names on the defaulting ratepayers’ list. This action resulted in their application to vote at the Peninsula County Council election last May being refused by the returning officer. Another aspect of the claim was that Alexander Porterfield, who is entitled to vote in three ridings in the county, was debarred from doing so because the penalty for rates in one riding had not been paid, even though rates on properties in the other two ridings had been paid in full. The magistrate found that the action of the county clerk in placing the names of both plaintiffs on the defaulters’ list was upheld by law in his capacity as returning officer. The actions of each plaintiff accordingly failed, judgment being given for the council' and Seaton.