Magistrates' Court. (Before Major Keddell, S.M.) Wednesday, April 5.

Waimate Daily Advertiser, Issue 46, 8 April 1899, Page 4

Magistrates' Court. (Before Major Keddell, S.M.) Wednesday, April 5.

A petition was piesented asking the Ma\or to set aside the leeent poll on lating on xnnmpioved Aalues, on tlie ground of irregularity m declaimg the lesult. Mr Clement appeared for the petitioners, and Mr Hamilton, on behalt ot tlnee latepayois (Messrs J. and G. Manchester and J. Mollo"}), to oppose the petition. Mr Hamilton submitted that the Court had no jurisdiction, but the magistiate decided otherwise. Mr Clement said the poll was taken on March 10th, and the result wa c — Votes for the proposal to adopt ratine; on ummproved a alues in "W .innate, 100; ■sotes agamst 16 ; mfoimal ■votes, 2. The pioposal could be earned by a baie ma]oiit"s , but one-thud ot the latcpaveis on the 101 l must recoid their -\ otes. One-third ot the ratepayers (101) had received \ oting papers, butthcdiilicult 1 , \ us with the tuomfonnal votes. If these weie ea'-t In a ratepayer entitled to moic than oi>e \ote the pio•position was earned, if b\ umt^oteis then it was lost. There was no pio-usion m the Act for a scrutim, and tlie Betnining Officer had no laulul means of ascertaining whether plmal or unit voteis had cast these "\otes. He therofoie could not know whether one third of the ratepayers had or had not recorded \alid \otes. Therefore the Mayor should l^e simply announced the figures, without declaimg one way or the other. Instead of doing this the Mayor declared the poll lost, and the petitioners asked the Couit to set aside the poll. Mr Clement handed in a copy of the "Waimvte Advertiser containing the MaAor's declaration. Mr A. M. Taatfe, Town Cleik, was called and gave evidence as to the facts* set forth in the petition. To Mr Hamilton : One of the informal voting papeis had both lines struck out, the other had neither. Aigument was hoard on both sides and a'tor luaring this ths magistrate withheld his decision. The Couit then adjourned till two o'clock.

BREAKING AND ENTERING. Three small children, a gnl and two boys nine, eihgt and seven weie chaiged with breaking into and entering the house of Mis Goldsmith on Ist Apnl, with the intention of committing a felony. Evidence was given by Mrs Goldsmith, Jacob Eetlen and Constable Paikei'. The children were oidered to be sent to the Industrial School till they reached the age of 15 jeais, the father to pay os per week each towards their suppoit.