MUNICIPAL COUNCIL.

Cromwell Argus, Volume IV, Issue 194, 29 July 1873, Page 6

MUNICIPAL COUNCIL.

THI2 MAYORAL ELECTION. An emergency meeting of this Council was held in the Town-hall on Thursday, the 24th inst. The Mayor and all the members were present. Cr. Marsh was appointed Town-Clerk pro re vata. The Mayor stated that in reply to a telegram sent to the Provincial Solicitor by the TownClerk, (asking for advice as to proper mode of procedure to be adopted in reference to the Mayoral election,) the following letter had been received from Mr Turton : "Cannot advise. Consult legal adviser of your Corporation." The following letter was read from Mr F. J. Wilson, solicitor : "Messrs Marsh and Dawkins. " Gentlemen, —In reply to your questions respecting the position of the Mayoral election for Cromwell, I have to advise as follows : "The provision of the law in Otago respecting contested Municipal elections appears tobeunique in that it does not allow of a casting vote. In poPtical elections, under the Municipal Act of 1567, and the Otago Roads Ordinance, a casting vote is allowed ; therefore these laws are no guide as to principle. "Originally, there was no provision at all in the Otago Municipal law for the contingency arising upon a tie ; an accident which did T believe arise once. Thereupon, the Amending Ordinance of 1870 was passed, which provides that in the ■event of a tie, neither candidate shall be deemed to have been elected, but as soon thereafter as ■conveniently may be a frekli election shall take place, as provided by the 30th section of the Ordinance of 1865. " Neither this section nor the interpretation ■clause throws any light on what is meant by the Word " election." It therefore becomes necessary to consider its meaning from the tenor of the whole law, and the force of the word itself. Upon this I am of opinion that the words " a fresh election' 1 mean that the whole matter must be gone over again, beginning with a new advertisement or notice for nominations. The nomination, poll, declaration, &c, are each and all required in the event of a contested election, and together make an "election," and are each and all (in case of contest) required for "a fresh elec'tion." " I believe some of the Council lav stress upon these words in the 30fch section, viz.,—"every act necessary for the completion of such election may be done," &c, as meaning fiat is only necessary to hold another poll. Ido not so read them, but think them only words of indemnity required to follow on the earlier part of the section. " I recommend, therefore, that proper notice be forthwith given of time and place for a new nomination.—Your obedient servant. " F. J, Wilsok "Cromwell, 24th July. 1873." The Council resolved to act upon the advice of Mr Wilson ; and it was moved by Cr. Wright, seconded by Cr. Grant, and agreed to—- " That the nomination for the office of Mayor take place on Thursday, the 3lst July current and the election, (if necessary) on Wednesday, 6th August." Cr. Dawkins was appointed Returning Officer. RESIGNATION' OF THE TOWN-CLERK. A letter was received from H. W. Smythies, tendering his resignation as Town-Clerk. It was resolved—- " That Mr Smythies' resignation be accepted as dating from 31st July current, on condition that all books, documents, and papers in his possession shall be certified by the Auditors as correct, and that all property belonging to the Corporation be handed over to on the date above mentioued : Mr Smythies to be iu- ; formed of the passing of this resolution."