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Colonial Cases

In re Skelton, 1874

[election law]


In re Skelton

Police Court, Palmerston
Price SM, 22 July 1874
Source: Northern Territory Times and Gazette, 24 July 1874, p 4





(Before Mr. E. W. Price, S.M.)

Joseph Skelton appeared to the information of Robert H. Fiveash, on the ground that he had been elected as District Councillor whilst holding a storekeeper's license, and that his seat was therefore vacant, and should be filled by informant, who was the next on the list in the number of votes, after the candidates who had been elected.

Mr. Skelton admitted the allegations contained in the information. Mr. Fiveash submitted that as he was the next candidate he should be declared the holder of the seat.

The Magistrate ruled that Mr. Skelton was disqualified and that Mr. Fiveash was duly elected. He did not wish, however, that this decision should be regarded as a precedent in all similar cases; for it did not follow that the votes given for Mr. Skelton would necessarily have been given to informant if Mr. Skelton had not stood. But as the Act enabled the Court to give the seat to the candidate who held the best position on the list, that course would be pursued now in preference to incurring the expense of another election. As this was a public matter there would be no costs.


Source: Northern Territory Times and Gazette, 15 August 1874, p 4

Palmerston District Council.
Present-Mr. Caldwell (Chairman), and Councillors Solomon, Barlow, and Fiveash.

The Chairman stated having received a letter from Mr. Fiveash, notifying his intention to appeal to the Local Court against the election of Mr. Skelton on account of his holding a storekeepers' licence; the same was heard before Mr. Price, who granted the appeal and declared Mr. Fiveash entitled to his seat as Councillor.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School