ON THE HORNS OF A DILEMMA.

Press, Volume LVII, Issue 10760, 13 September 1900, Page 6

ON THE HORNS OF A DILEMMA.

By the Municipal Franchise Reform Extendon Act, 18d9, provision is made lor the linai umunjHicut 01 the burgess list by the Councn louiceen days beiore the second ihun-day in the month of September in eaeii \ts_r lor the purpose of the election of cuui-c.iiors, and the Act (section 6) providethat when the burgess list has tn-en so amended, it is to be signed ami certified, and shad thereupon bceouie the binge**-- roil tor the purposes ot such election. Ly an amending Act of the sauie year as tae Act mentioned, the dale for tlie statutury mtewng lor ih.-aliy amending the xyli is ,-utered to thirty-one days beiore any-ordi-nary election, aiid the Act provides that if the council for any reason lads or negltcte to hold tlie statutory meeting for seven days alter the aat6 spw-Jlied, the eieik is to nutit'y the stipendiary magistrate, who shall thereupon hoid a sittii«g in oider to amend, the list, and the magistrate is given ail the powers of a mayor and council for the purpose of such amendment. The New ling-ton Borough Council failed to hold the statutory meeting, and a_o failed to appeal to the magistrate, and an election was held fur the purpose of electing three councillois. only one. however, being nominated, and there was, therefore, no contested eiC.tion.

'Ihe Council is now on the horns of a dilemma, and is worrying itself *as to whether it has a burgess list; if not, was tho l*ist election a valid one? Should it appeal to the Stipendiary Magistrate even at tins late date for a final amendment of tho burgess list, will the Magistrate say, "Too late .' Too late!" or will an appeal have to be made to Parliament for an Order in Council for special leave to form and finally amend its burgees list, or will it be necessary to apply to Parliament for an enabling Bill? The statutes were carefully searched on Tuesday night to see if any penalty was attached to tbe Council's default, and tha Mayor and Councillors heaved most expressive signs of relief when it was found that no penalty could be enforced against them for their neglect. The borough solicitor advised that the present roll for the election of councillors was not in order, and that to be in order it would be necessary for the Council to have the roll made up by the Council and signed, and an appeal made to the Stipendiary Magistrate to certify to the roll in accordance with the Amending Act of 1899. Mr Williams, the Returning Officer for the borough, was present, and gave his opinion, which confirmed that of the borough solicitor, and he explained the procedure necessary to approach tho Stipendiary Magistrate. A considerable discussion followed as to whether the Stipendiary Magistrate had jurisdiction owing to the Council not having made its appeal to him within tli© period set forth in the Amending Act. On the motion of Cr. Mclntyre, it was decided) to revise the roll at tlie present sitting. The Council made a number of alterations and additions to the list. On tbe motion of Cr. "Mclntyre, it was resolved, "That application be made to the Resident Magistrate, under tlie Municipal Franchise Reform Extension Act, 1899, Amendment Act, 1899, to amend, initial, sign and certify the burgess list." The Mayor explained the procedure necessary to adprtise and hold the meetings in connection with the proposed readjustment of the present loan. It was resolved that the Finance Committee and the Town Clerk should take the necessary steps to advertise the readjustment of the loan.