
    Matter of the Application of Joshua W. Hart.
    (Supreme Court, Kings Special Term,
    October, 1898.)
    Election Law — A negligent registration in a wrong district cannot be remedied after the last day for registration.
    Where a person negligently registers himself in the wrong election district, the court cannot relieve him after the time for registration has expired, as the board of inspectors of the proper district can, under the Election Law, be compelled to meet and register only where “ they shall have neglected or refused ” to register a person who is entitled to be registered by them, and, where a pers,on has never presented himself for registry, it cannot be said that the board has been guilty of any neglect or refusal.
    The petitioner applied for registration and was registered by mistake in the 15th election district of the 20th ward of the borough of Brooklyn, whereas he should have been registered in the 14th district. The time for registration having expired, he applied to this court under section 31 of the Election Law for an order requiring the inspectors of the said 14th district to meet and register him.
    
      A. H. Koehler for motion.
    W. J. Carr opposed.
   Gaynor J.:

The Election Law is that if the board of inspectors at any meeting for registration shall have neglected or refused ” to register a person who is entitled to be registered, (i. e. registered by them), application may be made to this court, or to a judge, to have his name registered, whereupon the said court or judge may require such board of inspectors to convene on the second Saturday before the election and register such person; and then it is added for emphasis that such an order shall not be made unless the name of such person shall have been omitted through the fault, error or negligence of the election officers,” i. e. of the district where such person is entitled to be registered. The said officers never neglected or refused to register the applicant, he never having presented himself before them f.or registration. It is through his own negligence that he is not registered, concurred in by the inspectors of the wrong district where he is registered.

The application is denied.  