THE MARSDEN SEA?

Wanganui Chronicle, Volume LXXXIII, Issue 19604, 2 July 1926, Page 7

THE MARSDEN SEA?

CANDIDATE'S EXPENSES TWO ELECTORS TAKE ACTION WHEN RETURNING OFFICER DECLINES. WRIT OF MANDAMUS APPLIED FOR. (Per Press Association.) AUCKLAND, July 1. I Under the Legislature. Act 1998, a i candidate for Parliamentary honours is required within seventy days to forward a return of his olectornl expenses to the returning officer for the district. During the. last general elections William Jones, who was the successful candidate for Alarsden, failed to comply i with the provisions of the Act, in that iho rendered an incomplete return. He i was called upon to file a return in compliance with the Act. and subsequently I put in an amended return, which, however, did not satisfy tho returning officer. On Alarch 8 Jones filed a third return giving details of his expenses. These the returning officer considered complied with the Act. The three returns were searched by Samuel Alclnnes and Angus John McKay, and they called upon the returning officer, Frank Bird, to take proceedings against Jones for failing within the prescribed time to put in a true and correct account of his expenses. The returning officer refused to take action, and mandamus proceedings were instituted. The action was heard by Mr Justice Stringer in the, Supremo Court this morning. Air J. H. Luxford, instructed by Air Trimmer, appeared for Samuel Alclnnes and Angus John McKay, farmers, of Whangarei, and Air Paterson appeared for Frank Bird. I The statement of claim set out that | on January JI, 1926, William Jones filled an account of payments made by | him or on his behalf in the, conduct or management of the (‘lection, but that such accounts did not faithfully comply with the provisions of section 173 of the Legislature Act 1908. As a result of a request from defendant for further particulars, William Jones filed an amended account on February 17. This did not comply with the Act. At the instigation of plaintiff .Samuel MeInnes, Jones tiled a further account on March 8. Nor did this comply with tho Act. No further action was taken by the plaintiff at this stage, as defendant requested them to wait pending a reply from Chief Electoral Officer, Wellington, to whom defendant had written for instructions. On May 3 Samuel Mclnnes sent a written demand to defendant calling upon him to take proceedings. On June 4 the plaintiffs’ solicitors sent a final demand to defendant to take proceedings, and on June 5 defendant replied refusing to lake the said proceedings. It is claimed that William Jones transmitted an account that was false in that ho omitted to include or concealed items amounting to over £9O expenses incurred through hire of halls, advertising and printing, during his campaign. The motion for a/writ of mandamus moved by Mr Luxford was that Frank Bird, returning officer, should bo ordered to take proceedings against William Jones on the grounds (1) that William. Jones was a candidate for Marsden electorate at the general election held on November 4, 1925; (2) that he did not within 70 days after the day on which the result of'clcction was given transmit a true account of all payments made by or on his behalf; (3) that he has not yet transmitted a true account; (4) that he has transmitted an account that is false, on a material point; (5) that plaintiffs have made a demand that defendant take proceedings, and that defendant has refused and still refuses to take action. After legal argument His Honour reserved decision. '