RESIDENT MAGISTRATE'S COURT.

Waikato Times, Volume XIII, Issue 1155, 20 November 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

Alexandba, Fbxday, Nov. 14, 18^9. „ (Before H. W. Northcroft, Esq., R.M.) / Alexander Grant v. Trustees Alexandra. Township Highway District Board. — This case was adjourned from last Court day. The information of the plaintiff was as follows :— "That on the 12th day of July at Alexandra, the defendants were guilty of a breach of the 13th section of the Highways Act, 1874, to wit, for that, at a meeting of ratepayers of the Alexandra township for the purpose of electing members of the Board, leas than ten ratepayers were present m person or by proxy, as required by the aforesaid Act. Notwithstanding, the election proceeded, Und John Henry Edwards, John Aubin, Thomas Finch, Patrick McDonald, and Joseph Pierce (the defendants), were unduly elected as members of the aforesaid District Board, contrary to the provisions speoified m the Act aforeeaid."

Mr W. Hay appeared for the defendants, and pleaded that the complaint was not true. Patrick McDonald, on oath, stated : I was at the meeting of ratepayers on the 12th July last. I paid rates for last year (.1878), but not for Alexandra. At that meeting I voted for the appointment of members of the Alexandra Highway District Board. I voted for Mr Edwards, and may have voted for Mr Aubin. I swear that at that election I only recorded two votes, i.e., one for each. No person requested me to vote. I was appointed a member, of the Board. — Examined by Mr Hay : I can't say how many ratepaycis were present at the meeting. On the 30th June I was living 1 m one of Mi A ubin's cottages, paying rent to him for it. — By the Court : Previous to the meeting I had not paid any rates. I did not pay the rates for the property I was occupying. I don't know -who paid them/ I did nob know I was aoting wrong m voting at the election, Mr Grant requested me to vote. He came to my house, and said that I was required at the meeting. « "William Pohlen sworn, deposed: I reside m Alexandra. I attended a'

meeting- of road trustees m the

Town iiall on the 12th July. I was appointed and acted as scrutineer, on

that occasion. To the best of my belief there were were vine persons who voted, and each of the nine persons gave, four votes eachN except Mr Grant, who wanted to give fif-

teen. No one influenced me to vote.

— Examined by Mr Hay : Messrs Anbin, Finch, Pierce, Edwards, Grant, Sage, Asmuss, McDonald, and myself voted. Mr Hope did not vote, and I did not see him at the meeting. Mr Kimble was there, but took no part m the meeting, Mr Crewe had been' present a portion of the time. No proxies were

used m voting. Mr Grant wanted to give fifteen votes for himself, bub €bey were disallowed. —By the Court : The only persons who took part m the election were the nino persons I have named. To the best of my belief McDonald voted more than twice. If McDonald told me upon oath that he did not vote more than twice I should doubt his truthfulness. I was scrutineer, and almost sure that ho did vote more than twice. There might have been more persons at the meeting than those T. have named, but only those nine persons took parb m the meeting.

John H. Edwards gave similar testimony. The Court gave judgment for the plaintiff, that the trustees were illegally elected, at the same time cen. saving him for his action m the matter, as from his long experience as Chairman of a Road Board there was no doubt he was folly aware at the time the election was illegal ; and that the Court felt assured the action was taken on his part from personal pique, he not having been one of the successful candidates. The Court would not allovr costs.