RANGITATA ROAD BOARD. ELECTION PETITION.

Ashburton Guardian, Volume VII, Issue 1850, 25 May 1888, Page 3

RANGITATA ROAD BOARD. ELECTION PETITION.

Before Captain Wray ibis morning the petition of nix electors of the Ranglta'a Road District, against the return of Johu Doyle, ag a member of the Rangltata Road Board was heard. The petitioners alleged that the election was void on the following grounds (1) Tnat the nomination of the aaid John Doyle wbb not given within the time, nor m the manner prescribed by the Act (2) Thai irregularities occurred m the prooeedloga of the election which tended to defeat the farmers (hereof. Mr Stringer appeared for the petitioners and Mr Purnell for the defendant. Mr Stringer opened the case stating that he would show that Mr Doyle's nomination had not been pat m before noon as required by the Act. Wiliam Simpson, Returning Offiosr for Rangitata district produced nomination papers for last election. Produced nomination paper of Mr J.hn Doyle Had marked it as received at thj hour of noon on April 25tb. Received the pa^er, to the beet of his knowledge at noon. Bad no watch, but judged the time by the ana. The nomination* were read at the Road Board's office, Liemore. Witness had had to tray* 1 from Ashburton and had no means of coaaaltiu^ the time till ho .arrived When he got to Lismoie he found Mr Harper, Mr D.»ylp, and Morrow, at the < ffioe. Before witness got to the office, Mr Harper came out and aaid he vrai late, Witnoßa Bald he could not be. He said ao beoAUBe he allowed himself amp c time to travel the distunes. Marked tho paper as having been received at nooa when he returned home Posted the names of the candidates at the offioe. Found Doyle's nominat on paper laying with others on the table m the office. Nothing wasdono to thopupars while witness was there. There was Borne writing m a different hand to tho remainder on the paper, but the paper wub not exactly as it was when witness received it. David Morrow said ho was a ratepayer m the district. Mr Purnell objected. Thero was no proof of tho witness being a ratepayer. The Bench saw no reason why tho evidence should not be takon even if the witness were not a ratepayer Mr Stringer was prop°.red if necessary to Bhow tbat the witnesses were rate— payerß. Mr Simpson was recalled, and produced paper giving notice of election. Mr Stringer contended that the whole election was invalid because the advertisoment did not comply with the terms of the Act, wliich set forth that tho returning officer should appoint a tirao and place, not less than five nor more than ten days after the public notification, In this case, the nomination took place fiftoan days after the public notification. Besides do place for the election was fixed. A long argument arose as to how proof of come of the witnesses being electors could be obtained, bat the Banch did not oeo any reason for ordering' the production of the roll lodged with the Olerk of tbe Court. Mr Stringer proposed to aik the ReturnIng Officer whether certain gentlemen were electors, Mr Purnell objected. The Bench said the Retarding Officer could t-puak bb to the oandidatea'/xb.at not the electors unless he hai a roll before him. W. Simpsoii oontinued : Mossra Oouberle and Oorbott were candidates,— By Mr Purnell : Frequently had occasion to go to Lismore and knew how long it took on average to go there — generally about an hoar and a half. On the d»y m question witness started aboht 10 o'olock'and he honestly believed he arrived at Lismore before 10. When he arrived there ho found Rir Doyle's nomination paper on the table. There wa9 bo cna beside witness to receive nominations. Witness marked on the nomination paper, " received at noon" because he had no watch, and he had no meano of knowing whether he received It at 11.57 or 12 5. Wifcne&a honestly believed that he arrived thore before noon, but bb he had no moans of knowing the time he marked It as noQu. The notice of the election was, witness thought, advertised three time*. There wore four vacancies, one of whioh waa an extraordinary vacancy. The advertisement waa put m at sucih an early date, beoaaao the Act requires an extraordinary vacanoy to be advertised lirger than an ordinary vacancy. Mr Stringer : The Act «aya not lest than 7 nor more than 12 d»ya, Th< notice waa advertised 15 days before. After some argument ao adjournment for lunch waa made.