Normanby Town Board Election Petition.

Hawera & Normanby Star, Volume VIII, Issue 1433, 23 September 1886, Page 2

Normanby Town Board Election Petition.

The Resident Magistrate yesterday upon petition enquired into the circumstances attending the election of fire commissioners to form the Normanby Town Board for the ensuing two years. The proceeding was taken nnder the 48th section of the Regulation of Local Elections Act. Tbe 50tb section of the same Act provides inter alia : — If npon any such enquiry it appears, firstly (1), That any notice of the time or place of an election or the situation of tbe polling booths was not given within tbe time or in the manner herein required. . . (6) That any other irregularity occurred in the proceedings which, in tbe opinion of the Resident Magistrate, tended to defeat the fairness of tbe election, in any such case the election shall b« void." There were two petitions. The first alleged that notice of this election wa§ not given aa to time, tbe termination of tbe time only being mentioned, and no provision being made for receiving nomination! previous to tbe final boar. Alio, That the office of tbe returning officer for the reception of nominations was not open till half-past ten on tbe day of nomination, and that at least five nominations were waiting previous to that time which were not received solely on account of the absence of the returning officer. Also, That tbe- names of Daniel McGregor, Thomas Robson, William Rowe, Joseph Wilson, and R. S, Thompson were omitted from tbe polling papers by reason of the absence of the returning officer. Also, . That the nomination of the five nominees unlawfully excluded conld not possibly be received, as the returning officer was not present, and tbe person in charge of the nominations did not like to leave them. Also, That the irregularities complained of prevented a frank opinion being received from tbe electors as to tbe commissioners ' they desire. Also, That tbe election of Francis J. Ghme, A. G. Brett, P. Hunger, Francis Sisley, and A. R. Walker, is not oonsonant with the wishes of the electors generally. The petitioners therefore asked tbat the election beileolared void. ' A second petition Bet oat that tbe Returning Officer had not mads tbe usual,statutory declaration required by him by

section 8 of the Begnlation of Local Eleoiions Act. On this alio the petitioners •iked that the election be declared void. Tbe Returning Officer, id % letter to the Resident Magistrate, stated that be had not been summoned to attend.and therefore did not com». He admitted that, owing to an oversight, be bad not made tbe declaration. Messrs. R. S. Thompson and J.Wilson, two of the petitioners, appeared in sopport of tbe petition. Mr. Gane, one of the members-elect, was present to offer opposition to tbe election being declared void. Mr. Wilson was put into tbe box, and stated that on the day of nomination be attended at tbe office of tbe Town Board with tbe nominations of fivo candidates. He went there a little after 10 o'clock, and stayed there twenty minutes. Tbe Returning Officer was not there, and the office was not open. He bad some basinets to attend to, and could not stay longer. Id answer to tbe Resident Magistrate, be Mid be bad not brought a copy of tbe notices. He did not know what were office bours, bat he presumed that on the day of nomination a returning officer should be at tbe office from 10 a.m. to noon. There were iotne days' notice given, bat be could net say bow many. Had not thought of putting tbe nominations in tbe Post Office, and bad not liked to leave them under tbe door. There was no farther evidence offered. Tbe Resident Magistrate said that the case of tbe petitioners wai not complete. They should bave produced some evidence as to the notices, and shown tbat fixed office hours bad not been kept. A. returning officer could not be supposed to be at the office all night. Mr. Wilson bad apparently gone to tbe office at ten, and bad waited for twenty minutes, but bad not gone again before noon. The case was not proved, and tbe petition mast be dismissed. As to tbe second petition, be held tbat any lapse as to not making a declaration was punishable by peonlty provided under tbe Act, but be could not rule that it tended to defeat the fairness of the election, and. that petition would also be dismissed. Costs, 10s 6d. Taranaki beat Waitara at football on Saturday. Messrs. Budge and McCutchan publish a large entry for next Manaia tale. Egmont A. and P. Society notify date of entry for show, together with other particulars as to conditions. It will be noted that entries for the horse parade close tomorrow. ~"~ Aikxdt vox Habd Times.— Stop spending so uuoh on fine clothes, rich food, and style. Buy good food, cheaper and better clothing, and stop 'the habit of using expensive or quack doctors, oi humbug medicine that does you only harm, but put Tour tnut in the greatest of all simple, pure reSMdies, American Co's Hop Bitters, that cure always at a trifling; cost, and you will see better times ana food health. Bead.— Advt. 17 For remainder of reading matter, see fourth page.

MANAIA.