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Poverty Bay Standard, Volume X, Issue 1230, 21 December 1882, Page 2

Mr Pelham E. Richardson, j[n a letter which appears in our columns of last night’s issue, draws attention to the peculiar circumstances surrounding the approaching election for the vacancy (extraordinary), hi the Borough Council, created by the cession from that body of Mr C. D. Berry. At •first sight of Mr Richardson’s letter, perhaps, one is not so much struck by the force of his remarks, but on re-reading it and consulting the Act, entitled, “An Act for the Regulation of Local Elections,” dated 29th September, 1876, we find that Mr Richardson has written a very clear and lucid explanation of circumstances which, if not at once rectified, may’" lead to very serious annoyance and confusion. The 46th section of the Act referred to, most distinctly provides that: “In the case of any extraordinary ■vacancy in an office, the Clerk, or proper officer of the local body shall forthwith give notice of such vacancy to the Returning Officer, and the Returning Officer shall forthwith, by public notice, appoint a day, not less than tiventy. or more than twenty-Jlve clear days from the occurrence of such vacancy, for the election to fill the same, and shall in such notice appoint a place within the district, and a day, not less than seven, or more than twelve days after the publication of such notice, for receiving the nominations of candidates.” Again, in Section 60, of the sauie Act, Clause 1, it is provided that if upon inquiry it appears that any notice of the time or place of an election, was not given within the time or in the manner herein required, the whole election .shall be void. Again in Clause 1 of sub-sec-tion 2 of the same section it is provided that where “the nomination of any candidate was not given within the time or in the maimer required, the election of such candidate shall be void, and the candidate next highest on the poll, not being already declared to be duly elected, and whose election is not void, shall be declared to be duly elected.” Here then Mr Richardson who is an old Returning Officer, and well read in the Acts affecting elections, shows very plainly that the election, if it takes place as presently provided, will become void by the non-compliance with the re-

quirements of the Act. Mr Richardson again tells something which hitherto we were unaware of concerning this election. Mr Peter Bourke, the Returning Officer for the Borough of Gisborne, had deputed Mr Richardson to act as Returning Officer, as his deputy during an unavoidable absence from Gisborne. On the 4th of December, Mr Richardson received a letter from Mr John Bourke, Secretary to the Council, dated December 2nd, requesting him to take the steps necessary to the requirements of 1 the Act in the matter of the vacancies created by the cession from the Council of Messrs. E. K. Brown ami C. D. Berry, and he at once wrote out, and took to both | papers, formal notices advertising the election to take place on the 23rd December. On the same afternoon he was desired by the , Borough Council to withdraw those notices, 1 as they considered his appointment as Returning Officer informal, ami a Returning Officer was about to be appointed. He then withdrew the advertisements, protesting, however, against what he considered an illegal interference with his duties. Mr F. J. Piesse was subsequently appointed Returning Officer, and he appointed the 15th of December for the day of nomination, and the 29th of December for the day of election for candidates, thus clearly infringing the several sections of the Act herein referred to. Now it strikes us as being perfectly possible that the members of the Council, anxious from economical or other reasons tobrinybofh elections off on the one day, overlooked the unalterable fact, that by straining the time allowed by the Act they would invalidate any proceedings taken under it. That they have done so, is beyond a doubt, ami we think Mr Richardson deserves the thanks of ratepayers for calling attention to an error which might have given rise to much vexation and trouble if allowed to pass by uncorrected. The Borough Council should take their Solicitor's opinion on this matter without delay, in order that the discrepancies may be reconciled with the least possible loss of time.