LOCAL ELECTIONS ACT.

Globe, Volume XXII, Issue 1856, 3 February 1880, Page 3

LOCAL ELECTIONS ACT.

KOWAI BOAD BOABD BLKOTION. An appeal against the validity of the annual election of three memhers to fill the vacancies on the Kowui Road Board, held on January 7th, was heard before Mr Beswick, 8.M., in the Court House, Amberley, on Monday afternoon. Eighteen ratepayers were present. The Resident Magistrate said the Court was held in const quence of a protest lodged by Mr F. Croft and others, who declared that at the election bt-ld on January 7th th» election of Messrs Eusor, McDonald, and Coleman was void in consequence of the refusal of certain votes which were entitled to be recorded, and the using of the roll of 18781879 instead of that of 1870 80. Matthew Morris, on oath, said on January 7th he conducted as returning officer an eieotion under the Regulation of Local Elections Act fur the return of three members of the Kowai Road Board. The polliog plaoes were at Sefton, Balcairn, and Amberley. He obtained from the clerk of the Board three conies of the roll, which purported to be that on which the election ought to be conducted, and proceeded to hold the election thereon. About midday the chairman informed him that votes which ought to be taken were being refused as regarded persons who claimed a larger number of votes on the roll of this year than last. Witness was at the Balcairn booth, and sent word to Sefton and Amberley to refuse no votes which might app ar on the new roll. This was not the roll on which the election was being conducted. He refused no votes at Balcairn. By Mr Croft—l sent to Sefton about two or three o'clock in the day that no votes were to be refused. The pr par roll I admit was not used in the first instance, bui I did my best to rectify the error. Frank Croft stated that ho was a candidate at the election on January 7th, and signed the petition. Had been informed by ratepayers that they had been allowed to vote in respect of two rolls. In one case knew that turee ratepayers were only allowed to vote who were entitled under tho new roll to an additional vote each. By Mr Morris—l lost four votes by tho difference in the rollß. They could not reoord the Tour votes in the morning. Had not ascertained whether they recorded them or not in the afternoon. C. Ff. Pemberton, deputy returning officer at Sefton, stated that he oonducted the election in the morning on the old roll. In the afternoon he had a second roll sent, with instructions from the returning officer to use it. They than used both rolls. By Mr Croft—l received the new roll between three and four o'clock. The poll closed at 6 pm. By Mr Morrif—l think I rejected five votes. Bome of those, I think three, came back, and I allowed them to vote. L. O. Williamß, deputy returning officer, Amberley, stated that he in the morning refused one vote, and mentioned the fact to Mr Enßor, who was one of the candidates, as he knew that there were some entitled to vote whose, names were not on the roll furnished to him. Sent to the returning officer, who replied from Balcairn that no votes were to be refused. He took a vote under protest as being on the Dew roll. On receiving a reply from Balcairn, sent to the man who was refused in tho morning, and he voted. Took the votes altogether of four ratepayers who were not on the first roll, but were on the 1879 80 rolls. By Mr Morris —I included all these in the return^. By Mr Croft —So far as I recollect neither of the rolls I used were signed by the chairman of the Board. The roll I used was a oopy of the ratepayers' list on foolscap. The Resider t Magistrate said it appeared to him that there had been a considerable amount of irregularity, and it was impossible to say to what extent it affected the election. The election also appeared to be irregular, on the ground of more than one copy of the roll having been used. It appeared, therefore, that there was sufficient to declare the el-ction void, and the Board mUBt proceed to a fresh election on a properly compiled roll for the district; the Board to pay costs, £2 I2sGd.