MAYOR AND SOLICITOR

Evening Star, Issue 18034, 31 July 1922, Page 7

MAYOR AND SOLICITOR

ALLEGED BRBxAOH OF LAW. Hubert Hine, Mayor of To Kuiti, appeared before Mr F. M. Platts, S.M., last week on charges of ten breaches of the Municipal Corporations Act. 1920. Tho informations read:—“That the defendant did act as mayor of tho borough of To Kuiti at a meeting of tho borough council while incapacitated from holding such office by reason of being directly and indirectly, by himself and his partner, concerned and interested in a contract with the To Kuiti Borough Council for professional services as a solicitor to the value of £37 los 2d, and thereby being. incapable of being elected and being such mayor.’ 1 The informations concern various meetings in connection with the borough council over which the defendant has presided between May 9, 1921, and March 27, 1922. For tho prosecution, it was stated that tho Auditor-General held that at the time of his election Mr Hine was actually disqualified from holding office as mayor or being elected as such. Subsection 3 of tho Act imposed a duty upon the Audit Department to prosecute. Mr Patterson, for tho Audit Department, pointed out that tho actual account received by the borough council was initialed by Sir Hino. Mr Aternon submitted that this was purely in a managerial position. Ho further submitted that all the work done by tho firm was carried out before the actual election. The question arose then that having done the work were they still “ interested/’ and, if so, when could that interest- cease? The word “ concerned ” must bo taken as synonymous with the word “ interested” for the purposes of the prosecution. . . . Tho magistrate reserved his decision.