COUNCILLOR AND CATERER

New Zealand Times, Volume XXXII, Issue 7209, 18 August 1910, Page 5

COUNCILLOR AND CATERER

INTERESTING LEGAL OPINION

HEB3B ASSOCIATIONDARGAVILLG, August 17. la February lust year on, the occasion of a Ministerial visit, a dinner "as guon. The catering was partly done hj Ooun cillor Carr, whoso account iMUoimtb to X 8 odd. It was not known at the time that this was on infringement ot section 43 of tho Municipal Corporations Act, but tho amount was subsequently disallowed by tho Auditor-General. Since the banquet referred to, a fresh council election has taken place, at which Mr Carr was re-elected. Tho question arose, upon publication of tho balance-sheet with the auditor's tag, whether Mr Carr would have to resign, , , The matter was referred to tho borough Bcdioitoirs, who state that Councillor Carr should have resigned at the tune of his contract in 190 i), but ho did not, because he had no knowledge that he had done ui illegal act. lie continued m oince mtil October of that year, when, he, with other councillors, went out of efface, lie sought re-election in October, and was returned. When ho was re-elected, lie was eligible to stand, for he did tot come within any of tho incapacities In section 42. He was validly re-elected, ■ml had not become incapable to act, and tho solicitors are therefore of opinion that Mr Carr is not bound to resign. for what happened during a term councillor in a prior council.