MAYORAL ELECTION

Southland Times, Issue 22058, 4 July 1933, Page 5

MAYORAL ELECTION

PETITION. DISMISSED.

(Per United Press Association.)

■Wellington, July 3

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 two candidates, Messrs _ Atmore and L. O’Rourke. On the official recount Mr Atmore was declared elected with a majority of two votes. At the Magisterial recount the Magistrate disallowed ten votes and ordered O’Rourke to be elected. Atmore then lodged a petitiort that the election either be declared void, or as an alternative that he be declared elected. At the hearing, counsel for O’Rourke raised the preliminary objection that due security had not been lodged as required by the Act.

In his reserved decision, Mr Stout, S.M., stated: The Act says that the petition must be accompanied by a deposit of ten pounds. In my opinion the provisions of the Act call for a deposit of ten pounds in money and means pounds in legal tender, that is banknotes 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 therefore lodged was too late. The petition must be dismissed.