RATING ON UNIMPROVED VALUE.

Rangitikei Advocate and Manawatu Argus, Volume XXXVI, Issue 10512, 23 November 1912, Page 5

RATING ON UNIMPROVED VALUE.

PETITION DISMISSED. Continuing before Mr Page, S.M., tins morning, Mr Cook said his submissions to the Bench were (1) That there was an offence within the polling booth ; (3) That the.irregularity had been committed ; and (3) That under the common law the procedure was an infringement. 9 ln reply Mr Collins further referred to the case of the Western Maori Election Petition, and the legal defiinition of “irregularity.” It had oeen recently held that the law had to be strictly construed on petitions to invalidate polls which involved an offence on the part of anyone. He also submitted that the booth was merely the Council Chamber itself and not the passage way giving access to it. It also made no difference that the returning officer was in the habit of closing the booth by shutting the outside door of the chambers.

The Magistrate held that distributing of the papers did not constitute an irregularity, otherwise anyone doing so at any poll would render it void and would leave the law quite uncertain as to what constituted an irregularity. It was shown that the papers were not distributed in the polling booth proper which he held was the Council Chamber itself and not the passage way which gave access to the booth as well as to the library and reading room. There was also no evidence that there was any talking in the booth itself. On these grounds therefore he would dismiss the petition. Mr Collins applied for costs.

His Worship allowed £4 4s counsel’s fee, 33s Waters’ expenses and 2s Court costs. No order was made as to the disposition of the surplus of £lO deposit, which accordingly goes to swell the Consolidated Fund.

[The maximum penalty under the Act is £IOO. ]