ELECTION PETITION.

Wairarapa Daily Times, Volume XII, Issue 3963, 14 November 1891, Page 2

ELECTION PETITION.

MauriceyiUe Roal Bowl.

The farther enquiry into the petition of certain ratepayers of Mauriceville, against the return of Mr J. F. Heckler, as a member of the Maur iceville Road Board, was commenced in the Masterton EM. Court on Thursday afternoon, and continued yesterday, before Colonel Roberts, R.M. It appears that an extraordinary vacancy occurred on the Koad Board, and nominations for this vacancy were advertised to be received up till noon on October 10th. It was alleged b\ the petitioners that the nomination of Mr Heckler was not received at the time specified ; that Mr Heckler's name was not at first advertised among the list of candidates, but subsequently added V in accordance jyijih 'clause 157 of the Road ttoard Act"; and that the nomination paper itself was not properly signed, Mr Pownall appeared for the petitioners, and Mr Beard to oppose. William Gray, clerk to the Mauriceville Road Board, deposed that the vacancy on the Board had been duly and nominations to fill the same invited up till noon on the JOth October. On tbat' date nomination papers were received from Messrs Kumraer, Jessen, Heckler, and Petersen. All the nomination papers, excepting Heckler's, were received before noon. That of Heckler was received at \.%Q p.m. The ofl}ce of the Board was open from ten o'clock till after noon. Iu accordance with Section 12 ot tbe " Regulation of Local Elections Act," a notice was posted outside the door of the office. Heckler's name was written amongst the names of candidates, but his nomination not having been received as anticipated, a piece of paper was pasted over the name. The list of candidates was posted publicly on the Saturday when nominations closed. Having consulted the Act, witness concluded that Heckler's name should not appear, and on the Monday morning be covered it- ovpr, and withdrew it from the 1 advertisement. On October 15th an announcement was made that' under section 157 of the." Boad Bfoard's Act,'.' the name of James |"ranoi3 Heoklor was added to ibe list'of candidates. No order-in-Council had'to his knowledge been made validating the nomination, 'By Mr Beard.' — Had seen Mr Heckler about jiis nomination paper prior to the 10th, and informed bim thatjt would' be all right if left at | Mr Cfundeigonja. It JVM left ther§ prior to the |Qth. ' He liaf wrjtteji to the Coh-maJ Secretary, asking hjnj to validate ifee elepfaon, 'fepi us yet had received no reply.

Mr Pownall abandoned all objections to the nomination paper on the ground of informality. The legal aspeds ot tho case were argued yesterday afternoon. Mr Pownall said the argument for the petitioners was very concise and simple. The nomination nas not in form, inasmuch as it was not posted in accordance with the Act. The defect in the advertisement was also material, and the nomination was not given in at the time spucified by the Act. He contended, therefore, that the election should be declared void. Mr Beard referred His Worship to

the 157 th section of the " Road Boards Act," and the bearing of section 47 upon that Act. The Qovernor-in-Council had the power to validate any election which might lie irregular, An orderin-council had been applied for, and he maintained that his Worship should delay the present proceedings until this order had been issued. He argued further that His Worship should adopt a course whioh would be in accordance with the decision of the ratepayers. Mr Pownall replied at some length, after which His Worship announced that he would reserve his decision till 10.80 on Saturday. On resuming this morning, His Worship stated that he would declare

tLe election of James Francis Heckler void, and the next highest candidate, William Jcssen, duly elected. An order was made for the costs of the advertisement, £1 18s Bd.