AN ELECTION PETITION.

Greymouth Evening Star, 18 May 1906, Page 4

AN ELECTION PETITION.

BELL v. AIACNAMARA. THE SUPREME COURT JUDG.MENT. [by telegraph—special to the star 1 CHRISTCHURCH. This Day. At the Supreme Court, yesterday, Mr Stringer appeared in support of a motion by Thomas Hell, of Murchison. Inangahna County, for prohibition of action of William CL Kcnrick, S.M.. Thomas .MacNamara and others in reference to an eh cl ion (o the Inangalina County Council. Air Harper appeared for defendants. Air Stringer staled that on November Blb. plaintiff was elected a member of the Inaiigalma County Council by a majority of 10 votes. -Defendant AfacNamara and others petitioned against the election on the ground ibid, certain persons had voted twice, and others had been given more voles than they were entitled to give. Mr Kcnrick, as Magistrate, heard the petition and conducted a scrutiny of the poll and declared defendant AlacNamara elected by a majority of two votes instead of the plaintiff. .Against that decision plaintiff appealed in the motion for prohibition of defendant's action. Ho alleged that the petition was tiled in tin* wrong'court, the Act providing that a petition must, he filed at the Conyt nearest to the principal polling place. That place was Murchison. and there (he petition was hied, hnl there was no regular court at Murchison and no court office nor repository for documents. The sittings of the Court at Murchison were irregular and few, and the nearest Court was at I,yell, some twenty live miles a wav. The Court at Murchison was constituted at the will of the Ala-

.Mr Harper siihmilli-'l dial separate records were I: • ■ 11 1 a I tin* place used as a cmirl house in Murchison, ami dn' < mr I hail a separate seal. The Clerk was duly gazetted ami paid a salary as Clerk nf die Court at Murchison. It was Ids practice In attend at 'Murchison when required and transact such business as was necessary. Tile petition was received by him and tiled in the court at Murchison. Ids Honor said that the Clerk did not state that tho documents were kept at Murchison and it was Apparent that the Clerk attended at the Court only when sittings were gazetted. Mr Harper submitted that the point of Court jurisdiction was not open on n motion for prohibition. His Honor said that it was clear that the Clerk attended at Murchison only hy arrangement and the Court at Murchison was not a properly constituted Court, in which documents could he tiled. Plaintiff's objection to (ho jurisdiction of die Magistrate under the circumstances must be uphold and tho prohibition asked for must ho granted. Costs were granted against tho defendant MacNamara.