THE WAIRAU SEAT.
ELECTION PETITION LODGED
A petition has been lodged with the Returning Officer .(Mr It. Wanden) against the return of Mr R. McCallum, the successful candidate in the Wairau Parliamentary election. The-details"of the petition and'the names of the petitioners are not available for publication at this stage of the proceedings, the Returning (Micer deeming that it would be contrary to his duty to divulge any particulars, but it is understood that both "corrupt" and "illegal" practices are alleged, on a number of grounds. Th© Legislature Act of 190S states that at the time of the presentation of the petition, or within ■■three days afterwaids, security shall be,given on btshalf of the jkjtitioner^'io the amount of £200^ to th6.s^|isfaciipn' of the Returning Officer, for payriient of all costs, charges) and'expenses that may become payable to the witnesses , and the respondent/. -On presentaj .tic-n of the petition the Returning I Officer forwards, it, together with j rho bond or deposit, to the Registrar of the Supreme .Court, Wellington. It is provided that the trial shall j tike place before twopf the judges of | the Supremo Court, to be named by ! Ihe Chief Justice, and shall be held : within to di&trnct m respect of which • lbt petition has arisen, unless special cireuinstances render it desirable in , the opinion of the court that the j potitioir'should be tried elsewhere. Notice of the time and place at v/Lich'a petition will be heard shall ho given not less' than fourteen days before the day of the trial. Witnesses may bo .summoned and .vCrorn, as in a trial beiore tho Supremo Court, and shall bo subject to < xJie same penalties for perjury. The Election Court may compel the attendance of witnesses, and every person who lefuses to obey such order commits contempt of Court. The Supremo Court scale of payment to witnesses is adopted. A wiine&f, shall not bo excused from answeizMg a question on tho ground that tlv, answer may incriminate himself or dn tl:o i ground <>i privilege, but may be gi anted a certificate ol indemnity protecting &im irom legal proceedings. The Cotirt may in its discretion disallow any costs, charges, and expenses caused, in its opinion, by vexations conduct, unfounded allegations, or unfounded objections on the part either of the'petitioner-or tlie respondent, and may throw tho burden of any needless expense on the parties by whom the same, was caused, whether such parties are or are not on the whole successful. In the event, of the Court reporting to the Speaker that any .corrupt or illegal practice has been proved to have been committed by. or with the knowledge and consent of any successful candidate, or through his agents, the election of such, candidate shall become void, and he shall not be capable of being elected to, or of sitting in the House of Representatives for the same district during the Parliament for which the election is held, or for such less period as the Court recommends. i "Corrupt practices" consist, among other things, of various forms of bribery, direct or indirect, whether in the nature of actual payment, gift 2 or_ favor, or by way of offer or promise^ and "treating 1"' "by means 6f refreshments. "Illegal practices" include the employment of a paid secretary, canvasser, and other assistants, excepting a scrutineer for each pollingbooth and a number of" clerks and messengers for conducting business in the committee-tfoonis ; expenditure on the conveyance of Selectors. 'to and from the 'poll, and the exhibition of notices etc.; amdl wagers and! bets. No payment for election expenses must fie. made except by the caortdi3ate^ provided that any person-may pay out' of his own moneys "(kny ; small expense legally incurred by'himself, by or iri behalf of-the candidate." Every person guilty of a ' * 'corrupt EM-acticW' is liable, , din connction in the Supreme Court, to a me not exceeding £400, and the Maximum fine for an "illegal prac-' iwe >J> is £100. Offenders . are also ' iab'ie to disfranohisement
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Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/MEX19120115.2.19
Bibliographic details
Marlborough Express, Volume XLVI, Issue 12, 15 January 1912, Page 5
Word Count
765THE WAIRAU SEAT. Marlborough Express, Volume XLVI, Issue 12, 15 January 1912, Page 5
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