THE HALSWELL ELECTION.

Lyttelton Times, Volume LXV, Issue 7863, 19 May 1886, Page 3

THE HALSWELL ELECTION.

Yesterday morning, in the Provincial Council Chamber, Mr John Ollivier, E.M., held an enquiry, re the late Eoad Board election for the District of Halswell. Mr Loughrey appeared for the petition--ing ratepayers, and Mr Martin for the Eeturning-Officer. The case was brought under Section 6G of "The Eegulation of Elections Act, 1876,” and Section 48 of “ The Eoad Boards Act, 1882.” The grounds of the petition were that the notice of the election had not been sufficient, as the- first notification had been on April 12, and the election was to be on May 3. This left only 20 clear days, as both days named, it was contended, should not be counted.. In support of this Mr Loughrey cited Queen v. The Justices of Shropshire, 8 A. and E., 173; Mitchell v. Foster, O Dowling, 527; Queen v. The Aberdeen Canal Company, 19 L.J.,- QB. ..2SI. Section 49 of the Eoad Boards Act required the Eeturning-Officer to give notice at least 21 days before the election. Cases cited Eegina v. Magistrates of Middlesex, 14 L.J., Magistrates' cases, 139; Zouche v. Empsey,4 B. and A., 522; Young v. Higgins, 8 Dowling, 212. With regard to the constitution of the Halswell Eoad Board, it had been reconstituted by the County of Selwyn, as described in the Gazette of May 14, 1885, page 617. Section 9 of “ The Eoad Boards Act, 1882,” gave power for the alteration of the boundaries of road districts subject to the regulations of Section 4 of the same Act. The Halswell Eoad District had been constituted a new district, and the former Board had been dissolved by a special order, and the time for the election of a new Board had been made. But there had been no special order made by the new Board bringing future elections under Clause 49 of the Eoad Boards Act. Mr Martin, before evidence was gone into, called attention to Clause 16 of the Eoad Boards Act, which provided that ‘every petition should be verified by a solemn declaration, and submitted that it applied to this petition. Mr Loughrey submitted that the petition followed the form of schedule sire of the Eegulation of. Local Elections Act. Section 43 of that Act required that the declaration must be drawn in that form. Section 49 of the Eoad Boards Act, subsection 7, provided "without prejudice to the regulations under the Local Elections Act.” i His Worship decided against Mr Martin. The following evidence was then led by Mr Loughrey:— Mr Comer, Clerk to the Halswell Bosjd: Eecollected the election of the new Board taking place under the Eegulation of Local Elections Act. The new Board had made no special order that all fresh elections should be under the Eegulation of the Local Elections Act. The first notification of the elections objected to was in the Lyttelton Times of April 12. Only five candidates sent in their names before the day of election. They were in ten days before. His Worship noticed that the advertisement was dated April 10. Witness (to Mr Martin): The other steps were duly taken under Clause 49 of the Eoad Boards Act. This was the case. Mr Martin asked for a little time. He had been taken by surprise by the constitution of the Board having been attacked. There was nothing on the face of the petition to lead one to imagine the point would be raised. His Worship remarked that as attention had been drawn to the necessity for verification of the names, he must say that there was no such necessity under the Eegulation of Local Elections Act. That point would depend upon the fact whether or not the election of this Eoad Board had been conducted altogether under the Eegulation of Local Elections Act. He would adjourn the Court till 3 p.m. on Thursday.