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Tuesday, 15 March 1904

Maloney v. McEacharn.

The Clerk announced the receipt from the Deputy Registrar of the High Court of Australia, under section 202 of the Commonwealth Electoral Act, of a copy of the following order of the Court of Disputed Returns : -

In the High Court of Australia.

Court of Disputed Returns;

In the matter of the Election of a Member of the House of Representatives for the Electoral Division' of Melbourne, inthe State of Victoria.

Before His Honour the Chief Justice,

Thursday, the tenth day of March, 1904.

This Petition coming on for trial the fourth day of March, 1904, and. this day upon reading the Petition of William Maloney, filed the fifth day of February, 1904, and the appearance of Sir Malcolm Donald McEacharn, who was returned as a Member of the House of Representatives at the above-mentioned election, and upon hearing the evidence of William Augustin Newman, taken upon his oral examination, and upon reading the several exhibits put in evidence, and upon hearing what was alleged by Mr. Gaunson, of Counsel for the said William Maloney, and Mr. Mitchell, of Counsel for the said Sir Malcolm Donald McEacharn, this Court doth declare that the said Sir Malcolm Donald McEacharn was not duty elected at the said election, and this Court doth further declare that the said election was absolutely void, and this Court doth not think fit to make any Order as to the costs of the said Petition, except that the sum of Fifty pounds deposited. with the Principal Registrar by the said William Maloney at the time of filing his said Petition be returned to him or to his solicitor, Mr. Andrew McGregor Lonie.

By the Court, (l.S.) J. W. O'Halloran,

Deputy Registrar.

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