A DISPUTED A WARD.

New Zealand Herald, Volume XLIV, Issue 13486, 13 May 1907, Page 6

A DISPUTED A WARD.

[BY TELEGRAPH. —PRESS ASSOCIATION.]

Ashburton, Saturday. At the Magistrate's Court yesterday the Hampsfcead Town Board sued the Wakanui Road Boaxd for the maintenance of certain roads. The claim was based on an award made by Commissioner Short, who held an inquiry into the matter. The action was brought to test whether the ' award was valueless or payments could be enforced. In giving judgment the magistrate said the claim , was a matter of importance, and it was right that it should bo authoritatiTely decided. The amount sued for was small, but the liability, in the future might be large. Judgment would be for plaintiff, and leave to appeal would be granted. Two guineas costs would be allowed against the defendant Board.

\ Counsel for the defendant Board raised the point that owing to an irregularity in the election of the members of the plaintiff Board, that Board had no existence. He contended that under the Act the election of members of town boards should be held on' the third Wednesday in September, whereas the election was held 011 the third Thursday. The magistrate said he must over-rule the point. It was not a matter in a civil action the Magistrate's Court had to deal with. An irregularity of this sort did not invalidate ail election unless the fairness of the election 1 was affected by such irregularity. He had no jurisdiction to deal with the point.