MAYORAL CONTEST

Otago Daily Times, Issue 21996, 4 July 1933, Page 9

MAYORAL CONTEST

ELECTION PETITION DISMISSED DEPOSIT CONDITIONS NOT. FULFILLED. (Pee United Press Association.) WELLINGTON, July S. The petition lodged by Mr C. F. Atmore against the result of the recent mayoral election at Otaki has been dismissed. At the election in May last there were ttvo candidates —Mr Atmore and Mr T. O’Rourke' On the official count Mr Atmore was declared elected by a majority .of two votes. At the magisterial recount the magistrate disallowed 10 votes, and ordered that Mr O’Rourke be elected. Mr Atmore then lodged a petition that the, election either be declared void or, in the alternative, that he be declared elected. At the hearing counsel for Mr O’Rourke raised the preliminary objection that due security had not been lodged as required by the Act. In his reserved decision Mr J. L. Stout, S.M., stated: The Act says that a 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 14 days had expired, and the security was, therefore, lodged too late. The petition must be dismissed 1 .