ELECTION EXPENSES.
DECISION IN MARSDEN CASE. Auckland, July 13. Reserved decision has been given in the motion by Samuel Moinness and Angus J. McKay to compel the • Marsden returning officer, Frank Bird, to take proceedings against William Jones, M.P. for Marsden, for alleged failure to submit a complete return of his election expenses. Mr. Justice Stringer said that on the facts stated it appeared that a true account of Jones’ expenses in the form required by the Act was not transmitted to the returning officer within seventy days of the election. The accidental omission of £4 for launch hire, in his opinion, would not render the account of March 8 false within the meaning of ,the\ section.* If the candidate had as a result of amendments substantially complied with the Act, as in the present ease, when both the returning officer and the chief electoral officer were satisfied with the return, His Honour did not think that a writ of mandamus should be granted to enforce penalties for merely technical breaches of the section. He was certainly not prepared, having discretion in the matter, to order the returning officer to’ lay an information for breach of the law against a person whom he honestly believed had not committed any such breach. In the exercise of his judical discretion, he declined to issue the mandamus asked for. The motion was dismissed with costs.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/MH19260715.2.18
Bibliographic details
Ngā taipitopito pukapuka
Manawatu Herald, Volume XLVIII, Issue 3511, 15 July 1926, Page 2
Word count
Tapeke kupu
232ELECTION EXPENSES. Manawatu Herald, Volume XLVIII, Issue 3511, 15 July 1926, Page 2
Using this item
Te whakamahi i tēnei tūemi
Stuff Ltd is the copyright owner for the Manawatu Herald. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.