PRESIDING OFFICER.

Waikato Times, Volume XXXVI, Issue 2927, 18 April 1891, Page 2

PRESIDING OFFICER.

Thkke appears to be some considerable difference in opinion among the authorities connectcd with local bodies as to the proper course of procedure in tho election of the presiding officer to conduct the local option poll under "The Triennial Licensing Committee Act, 18811." The l'iako County Council and tho Hamilton Borough Council, acting under a legal opinion on this question, have decided that the presidios officer has to be appointed by the returning officer, while the Waipa County Council, acting under an opinion from another legal firm, has decided that the local body is thu proper authority to appoint the presiding officer, and has acted accordingly. The Waikato County Council has adopted this latter course. Subjoined we give the two opinions in full, and from them it will appear that sotno amendment in the Act is necessary, seeing that both the opinions coincide as to tho absolute reading of the Act but differ as to the intention of it.

Hamilton, March nth, 1891.—C. Tuck, TOsq., Piakn County Council, Cambridge.— Sir,—lio appointment of presiding officer at local option poll under Licensing Act. In reply to your letter of 27th nit., E now beg to send you my opinion hereon as follows : The Licensing Act, 1881, Section 48, par 1 says the chairman shall appoint, such person as ha thinks fit to be presiding officer. The Licensing Act Amendment Act, 18S2, Section 12, says the local body shall appoint the presiding officer. The Triennial Licensing Committees Act, 1SS1), Section 4, amends the Act of 18S1 so as to read : The returning officer shall appoint (the) presiding officer. There is a distinct conflict between the Act of ISS',I and the Act of 1882, and we are not to assume that the Legislature enacted Section 4 of the Act of 188!) with the intention that it should be void and of no effect. We must theretoie apply the well-known rule of construction, '""Leges posteriory primes contrarias abrogant," and the law now stands thus : The returning officer shall appoint such person as he. thinks fit to be presiding officer and to act as such at any local option poll, —Yours truly, Wm. Maugregou Hay. Bank Buildings, Wyndhatn street, Auckland, February 18th, 1891. —Mr N. T. Maunder, Waipa County Council, Paterangi, Waikato.—Dear Sir : In reply to your letter of 14th inst., we have to say as follows : If the sections you quote, viz., Section 48 "Licensing Act. 1881," and subsection 3 of section 4 of " The Triennial Licensing Committees Act, 1889," stood alone we think they would not disentitle the returning officer to appoint himself as presiding officer, though such an appointment would not be a wise one and should be nvoided. Tor in the event of the returning officer being himself nominated his election might probably be contested on the ground that he was interested as presiding officer ill his own election and although we do not think the mere fact of his having acted in such a capacity which is not only ministerial but may become judicial would by itself invalidate his election yet that fact would cause suspicion and arouse enquiry. But if you will turn to Section 12 of the " Licensing Act Amendment Act, 1882," you will notice that the power of appointment of presiding officer which up to that time was vested in the Chairman was by that section taken from the Chairman and vested in the local body so that on the passing of '• The Triennial Licensing Committees Act, 1889," the Chairman had no such power and subsection 3 of Section 4 of the last mentioned Act could not by the substitution of the words " Returning Officer" for " Chairman "give to the former a power which had been taken away from the latter and which he was no longer competent to exercise. Our reply therefore is that the appointment of presiding officer is m the local body and not in tha returning officer. —Yours faithfully, Hkskktk ani- Richmond.

*"When the provisions of a later enactment are repugnant to those of an earlier, tho earlier enactment is taken to bo repealed."