THE WAIRARAPA SEAT: PETITION DISALLOWED. Wellington, February 9.

Otago Witness, Issue 2242, 18 February 1897, Page 9

THE WAIRARAPA SEAT: PETITION DISALLOWED. Wellington, February 9.

Judgment was given by the Chief Justice and Mr Justice Conolly this morning on the motion to remove the petition against Mr W, C. Buchanan from the record. The Chief Justice said his opinion was that th« declaration could not be subsequent to the return, and consequently the petition was not presented in time. He was inclined to think that the intention of the act was that the declaration was to be by advertisement, and also that an authorised advertisement of the number of votes would have amounted to such a declaration. Mr Justice Conolly said the returning officer's proceedings were exceedingly irregular, and he clearly did not understand the act under which he was working. As to the date of the advertitement, neither the 11th nor the 12th December would help the petitioner. If the court had ruled that the former wan the date the petition was a day too late, and if the 12th was the date the notice would have been too late, being beyond the legal limit of seven days prescribed by the act. Both judges held that the return of the writ to the clerk of polls overruled any other declaration in this particular case, and consequently tho petition was not in time. In arguing against costs being allowed, Mr Skerrett said the fault was entirely the returning officer's, and it wonld be unfair to saddle the petitioner with the costs. The Bench asked what were the future intentions about the petition, and Mr Skerretb said he would gubmib to a dismissal. Costs were disallowed.