Election Petition Bye-Laws




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II. Every petition shall allege the specific grounds on which the return of any member is impugned, and no other grounds than those stated in the petition shall be investigated.

III. Every election petition shall be presented to the Council within seven days of the date of the first meeting of the Council after the election of the member whose seat is disputed; and no such petition shall be received unless at the time it is presented, it shall have been subscribed by an elector, to which the same shall relate, or by some person who has been a candidate at such election.

IV. Before any election petition shall be presented to the Council, the petitioner or petitioners shall enter into a bond to the Chairman of the Council for the sum of £100, with two sufficient securities for the additional sum of £50 each, for the payment of such costs and expenses as may be specified in this behalf in a resolution of the County Council, and shall deposit such further sum or sums, as may during the inquiry be deemed necessary by the Chairman of the Council for carrying on the investigation. Provided, that in the case of the petitions of Evan Prosser and Dennis Hauman, presented to the Council before the adoption of this Bye-Law, it shall be sufficient if the bonds before-mentioned shall be entered into prior to the investigation of the said petitions.

V. It shall be competent to any petitioner at any time after the presentation of the petition to withdraw the same upon giving notice in writing to the Chairman of the Council, and to the sitting member, that it is not intended to proceed with the petitions, and in such case the petitioner or petitioners shall be liable to the payment of such costs and expenses, as may have been incurred up to the time of such withdrawal, in the investigation of such petition.

VI. As soon as convenient after any election petition shall have been presented to the Council, a day shall be appointed by the Council to try the allegations therein contained, and notice thereof in writing shall be given by the Chairman of the Council to the petitioner or petitioners, and to the sitting member, accompanied by an order to attend the Council at the time appointed.

VII. At the time appointed, a list containing the names of all the members of the Council shall be made out, omitting the name of the member petitioned against; and the Chairman shall cause to be delivered to each party a copy of the list so made out. Each party shall then name one member, whose name shall be on the said list, and the two members so named shall be two members of the committee. Each party shall then strike off the name of one member, and the Chairman of the Council shall strike off the name of one other member, and the three remaining members, together with the two members chosen as before-mentioned, shall be members of the committee.

VIII. The Chairman of the Committee shall be chosen by and from amongst the members of such committee.

IX. When the committee shall have been chosen, the Chairman of the County Council shall cause notice in writing to be given to each of the members so selected, and require his attendance at a certain time and place, to be fixed by the Chairman of the Council, for the purpose of holding the first meeting of the committee.

X. Every member of the committee, before he shall act, shall be sworn at the table of the Council, by the Secretary, well and truly to try the merits of the petition referred to the committee, and a true judgment give according to the evidence.

XI. Every member of the committee who shall absent himself from any meeting of the committee, without the leave of the Council, shall be liable to a fine of not exceeding £5, at the discretion of the Council, unless it shall appear by facts specially stated and verified that such member was by necessity prevented from attending.

XII. Every committee shall have power to regulate the form and manner of its proceedings, and to adjourn from time to time, but no such adjournment shall be for longer than forty-eight hours. Provided always that every committee shall be guided by justice and good conscience, without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not.

XIII. The proceedings of any committee shall not extend beyond seven sitting days, and if no decision be come to within that period, the Chairman of such committee shall, on such evidence as is then before such committee, pronounce a decision, and every decision, whether so pronounced by the committee or by the Chairman, shall be final and conclusive without appeal.

XIV. Every such committee may send for persons, books, papers, records, and other documentary evidence, and may examine any person they may think fit, whether a party to the proceedings before them or not, upon oath.



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Online Sources for this page:

VUW Te Waharoa PDF Westland Provincial Gazette 1869, No 7





✨ LLM interpretation of page content

🏘️ Bye-Laws for Testing the Validity of Disputed Elections (continued from previous page)

🏘️ Provincial & Local Government
9 March 1869
Election Disputes, Petitions, County Council, Bye-Laws
  • Evan Prosser, Petitioner
  • Dennis Hauman, Petitioner