COURT OF APPEAL.

Auckland Star, Volume XXVIII, Issue 247, 25 October 1897, Page 5

COURT OF APPEAL.

THE AWARUA SEAT.

(By Telegraph—Press Association.)

WELLINGTON, this day. A case under the Awarua Seat Inquiry Act, 1897, is being argued before the Full Court of Appeal to-day. The act empowers and directs the 'Court of Appeal to determine whether under the existing law and upon the facts set out in the Act the seat of the member for Awarua has become vacant, and if so on what date the vacancy occurred. On tne case being called Mr Theo. Cooper stated that lie and Mr Skerrett with him appeared for the member for Awarua, and Mr Gully stated that lie appeared as tounsel nominated by the Speaker. Mr «nlly at the outset made a statement, that |t was obvious that the House, hav»g delegated its function to the tourt, stood impartial in the matter, wt that as the Act seeraed to contemplate 'bat he should advance arguments against ™ nght of Mr Ward to hold his seat, he should do so after the counsel for Mr Ward AM been heard, it having been agreed that lounsel for Mr Wwcl aliould begin. Mr woperthen commenced his address to the Wttrt on behalf of Mr Ward. fa Cooper, addressing the Court, first referred to Section 130 of the Electoral Act, 7 "'heh enumerates cases in which the »»t of a member of the House shall be- «■«« vacant. That section, ho pointed J*- referred to the seat of a person already a member, and to circumstances occurring whilst,-he was in the position °^ a;-member* -iwhich should vacate ??atr In n^p-ly cv cry one of the sub SWw sectftop, i 30, it appeared clearly such as resignation or 2iW h was to .vacate a seat way af 6 lUlScontemplated as occurring after ac election, and in fact it was the -astnur member who- was referred to ?°™t. The prest*nt tense was used "oughout with future significance, and X s ', he (lies " mi'«t **iean " H sich a J*** shall die," so "ifhe is bankrupt" «gfmean»if ß ucha member shall, etc,, w '*7 . a member, beccmc bankrupt/ It ,2 eclM that sections eight andnine qnSff - °ral Act con-tamed nothing disfrnmif 1- ng *an undischarged brankrupt jJW a candidate. To hold that the baal-t sWartls5 Wartls Deca]»e vacant because of leatlt ! ,*Y JP™ 1' t0 t:te election would hevni^i ersurdit y ti»t a person could timetl yelectetl an indefinite number of as f' k\ could never take Ids seat or act Quit P ;? mb? r' •Furtlier-, section 131 was otta. .onsisteut with * ecfcion 130, or any te Z fetation of ..he latter section, of 131 required the Registrar JudS v ln which tl! c member was adWfi_i T kruPt to notify the speaker ~,,,^48 hours, which lie could not do *Hen i- ? CTSOn was uot -l member ft u^Mged, and was elected. •ta*S* 5 0nsideral-*-le time after Wat on' Referring to earliei pomtwl „n .°!. the same subject Counsel Wii*-.?* Ul lat secfcions 49 and 50 of the of 8 2 i 1 Act provid-ed for the vacating •893 hn ■ sanie events ™ the Act of shall»' ; m eac!l ease the w°rds "if he There l,I?l Used instead of 'if he is.' ieen m*»eb r a change of the Without »! IM P»gB by.the draughtsman fctfrof tv? cH nSe of intention on the w the Legislature.