HARBOUR BOARD POLL.

Lyttelton Times, Volume CXV, Issue 16564, 30 May 1914, Page 18

HARBOUR BOARD POLL.

ELECTTON PETITION

RETURNING OFFICER TO' PAY COSTS.

Reserved judgment as to costs was given bv Mr T. A. B. Bailey, S.M., at the Magistrate's Court yesterday in the recent Xyttelton Harbour Board election petition. Mr Rowo appeared' for tho petitioners Mr Dougall for the respondents, and Mr Beswick for tho returning offiMr Bailey said that he ought to beable to put the payment on the locii body, but ho had not tho power to do ho. There was a law at Homo that enabled a Magistrate to make tho locai body pay tho costs, but all he could do was to make tho returning officer pay. The returning officer could not bo held to blame for tho mistake of a servant, but under tbe circumstances tho Magistrate had no power to do anything else. Ho would liko to bo e.blo to make the local body pay, hut he could not. Costs would go to petitionee, £3 3s solicitors' fees, witnesses' expenses, and 30s spent in advertising. Mi' I)ouga11 complained that this was fa'.grossly unfair way of allowing costs. The respondents had been more pub about than petitioners, and hat! also lost their seats. • Mr" Bailey:. Tbcy.have only themselves to blame. They needn't have . come here. Mr Beswick asked Mr Bailey to repeat his judgment, as he did not hear what was said, and Mr Bailey reported his decision, referring to the "fact that ho ought to be able to give costs against the local body. Mr Bailey also ordered the refund of tho £lO paid into Court by petitioners.