WAIKOHU COUNTY ELECTIONS.

Gisborne Times, Volume XXVII, Issue 2470, 7 April 1909, Page 6

WAIKOHU COUNTY ELECTIONS.

A PETITION DISMISSED. In the Magistrate’s Court, before Mr. "W. A. Barton, S.M., yesterday, Emmet O’Sullivan petitioned to have the. election of Councillor Telford, the councillor for the Kanakanaia riding of the Waikoliu County upset on the grounds: Firstly, that the Returning Officer at the Hokoroa booth/Mid not himself hand out the voting papers, and, secondly, that a person who was not on the County roll recorded, a vote. Mr. Burnard appeared for the petitioner and Mr. H. Bright for Cr. Telford.

Mr. Bright raised two objections to -the petition. First that the petition was not properly filed within the appointed time. The petition had been filed after offipe hours of the Magistrate’s Court, on March 13th, and secondly," the hearing: had not been commenced within 14 days of the filing of the petition.; The hearing should have been fixed*:within the time" prescribed by’ law if the case was not then heard. _ . - - . Mr. Burnard said that. the construction put upon the law by Mr. Bright would, if upheld, put a groat hardship - upon the petitioner . He quoted authorities to show 1 that Mr. Bright’s objections could, not be sustained. Mr. Burnard submitted that an enactment .could not deprive a petitioner of his rights through the neglect of duty by the Court, and no hardship should press upon a petitioner through the inability ot the Court to hear the petition within the preecribed time. The law as to the time was merely intended as a direction,, ''and was not mandatory. - # _ His Worship said that the objection that the petition was not lodged until after office hours, on March 13 had not been answered. He did not -know if there was any evidence to show at what time the petition was lodged. Mr. Burnard submitted that the objection could not be sustained if; the Court accepted the petition. In answer to Mr. Burnard, Mr. Bright, for the defence, quoted authorite'is to show that the Court must up intention of the Statute- was that unless the time was limited the Court could .'fix the faction six or twelve months months of ter the filing of the petition. The law. was mandatory that the case must be heard within - a limited time, and that time was fixed by law. The intention was that the matter should be disposed of as speedily as possible. His Worship fjaxcl lie had looked into authorities, and was of opinion that the objections .were fatal to the._hearing of the petition. The petitioners were net to be blamed however. Hie petition would be dismissed without costs, and the deposit of £lO returned.