OTAKI MAYORAL ELECTION.

Press, Volume LXIX, Issue 20898, 4 July 1933, Page 8

OTAKI MAYORAL ELECTION.

PETITION DISMISSED. CHEQUE NOT LEGAL TENDER AS DEPOSIT. (WIKSS ASSOCIATION TEI.K WELLINGTON, July 3. A petilion lodged by Mr C. F. Atmore again l " 4 the result of the recent mayoral election at Otakl has been dismissed. At the election on May 3 last there were two candidates —Mr Atmore and Mr T. O'Rourke. On the official recount, Mr Atmore was declared elected by a majority of two votes. At the magisterial recount the magistrate disallowed 10 votes, and declared Mr O'Rourke to be elected. Mr Atmore then lodged a petition that the election either be declared void, or, as an alternative, that he be declared elected. At the hearing, counsel for Mr O'Rourke raised a preliminary objection that due security had not been Infixed as required by the act. In a reserved decision, Mr J. L. Stout, S.M., said: "The act says the petition must be accompanied by a deposit of £lO. In my opinion the provisions of the act call for a deposit of £lO in money. Ten pounds in money means pounds in legal tender—that is, bank notes or coin of the realm. A cheque is not legal tender, and cannot therefore be considered as money. The cheque in the present case was not changed into money until the day after the 14 days had expired, and the security was therefore lodged too late. The petition must be dismissed."