Preliminary objections by sitting member.

Petition

has good reason to believe and verily does believe that the several allegations contained in the said petition are true; and, thereafter, should any elector be substituted for the petitioner, then, and in every such case, such elector, before being so substituted, shall make and file an affidavit to the same effect. 54-55 V., c. 20, s. 3.

7. Nothing herein contained shall prevent the sitting member from objecting by his preliminary objections to any further proceeding on the petition by reason of the ineligibility or disqualification of the petitioner, or from proving on the trial of any petition under this Act complaining of an undue return and claiming the seat for any person, that such person was not duly elected. R.S., c. 9, s. 5.

8. Whenever a petition under this Act, complaining of no complaining return, is presented, such order may be made thereon by the court as is deemed expedient for compelling a return to be made; or the court may allow such petition to be tried in the manner herein provided with respect to ordinary election petitions. R.S., c. 9, s. 6.

When returning offi

cer shall be respondent.

Two or more candidates

may be

9. Whenever any election petition complains of the conduct of any returning officer, such returning officer shall, for all the purposes of this Act, except the admission of respondents in his place, be deemed to be a respondent. R.S., c. 9, s. 7.

10. Two or more candidates may be made respondents to the same petition, and their cases may, for the sake of convenrespondents. ience, be tried at the same time; but, as regards the security to be given on behalf of the petitioner, and for all other purposes of this Act, such petition shall be deemed to be a separate petition against each respondent. R.S., c. 9, s. 8.

Form and contents.

Time for

PRESENTATION OF THE PETITION.

11. The petition presented under this Act may be in any prescribed form; but, if or in so far as no form is prescribed, it need not be in any particular form, but it must complain of the undue election or return of a member or that no return has been made, or that a double return has been made, or of matter contained in any special return made, or of some such unlawful act as aforesaid by a candidate not returned, and it must be signed by the petitioner, or all the petitioners if there are more than one. R.S., c. 9, s. 9.

12. The petition must be presented not later than thirty presentation. days after the day fixed for the nomination, in case the candidate or candidates have been declared elected on that day, and in

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in other cases forty days after the holding of the poll, unless it questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other act of bribery by any member or on his account with his privity, since the time of the taking of the votes of such electors, in pursuance or in furtherance of such corrupt practice, in which case the petition may be presented at any time within thirty days after the date of such payment or act.

2. In case any petition is presented at either time and on Cross any ground, the sitting member whose election and return is petition. petitioned against may, not later than fifteen days after service of such petition against his election and return, file a petition complaining of any unlawful and corrupt act by any candidate at the same election who was not returned, or by any agent of such candidate with his consent or privity. 54-55 V., c. 20, s. 5.

13. Presentation of a petition shall be made by delivering How it at the office of the clerk of the court, during office hours, or presented. in any other prescribed manner. R.S., c. 9, s. 9.

costs.

14. At the time of the presentation of the petition, security Security for for the payment of all costs, charges and expenses that may become payable by the petitioner shall be given on behalf of the petitioner,

(a) to any person summoned as a witness on his behalf; or,
(b) to the member whose election or return is complained
of, who is hereinafter referred to as the respondent; or,
(c) to the returning officer, if his conduct is complained of;

or,

(d) to the candidate not elected, whose conduct is complained of as aforesaid.

security.

2. The security shall be to the amount of one thousand Amount of dollars, and shall be given by a deposit of money with the clerk of the court.

Dominion

3. Such deposit shall not be valid unless it is made in gold Gold or coin which is legal tender under the statutes of Canada at the notes. time when the deposit is made, or in Dominion notes, or in the bills of some chartered bank doing business in Canada. R.S., c. 9, s. 9; 54-55 V., c. 20, s. 6.

deposit.

15. The clerk of the court shall give a receipt for such Receipt for deposit, which shall be evidence of the sufficiency thereof. R.S., c. 9, s. 9.

16. On presentation of the petition the clerk of the court Copy of shall send a copy thereof by mail to the returning officer of the petition to returning electoral district to which the petition relates, and such return- officer. ing officer shall forthwith publish a notice thereof once in a

,

newspaper published in the district or, if there is no news paper published in the district, then in a newspaper published in an adjoining district.

2. Such notice may be in the following form:—

'Notice is hereby given that a petition has been presented under the Dominion Controverted Elections Act against the return of Esquire, as member of the Parliament of Canada for the electoral district of

and (where the seat is claimed) claiming the

Service upon respondent.

Notice to

54-55 V., c. 20, s. 7.

'Returning Officer.'

17. An election petition under this Act, and notice of the date of the presentation thereof, and a copy of the deposit receipt shall be served as nearly as possible in the manner in which a writ of summons is served in civil matters, or in such other manner as is prescribed. R.S., c. 9, s. 11.

18. Notice of the presentation of a petition under this Act, respondents. and of the security, accompanied with a copy of the petition, shall, within ten days after the day on which the petition has been presented, or within the prescribed time, or within such longer time as the court, under special circumstances of difficulty in effecting service, allows, be served on the respondent or respondents at some place within Canada.

If personal service is impossible.

Preliminary

petition.

2. If service cannot be effected on the respondent or respondents personally within the time granted by the court, then service upon such other person, or in such manner, as the court on the application of the petitioner directs, shall be deemed good and sufficient service upon the respondent or respondents. 54-55 V., c. 20, s. 8.

PRELIMINARY OBJECTIONS.

19. Within five days after the service of the petition and objections to the accompanying notice, the respondent may present in writ ing any preliminary objections or grounds of insufficiency which he has to urge against the petition or the petitioner, or against any further proceeding thereon, and shall, in such case, at the same time, file a copy thereof for the petitioner, and the court shall hear the parties upon such objections and How decided. grounds, and shall decide the same in a summary manner. R.S., c. 9, s. 12.

Respondent's

answer.

20. Within five days after the decision upon the preliminary objections, if presented and not allowed, or on the expiration of the time for presenting the same, if none are presented, the respondent may file a written answer to the petition, together with a copy thereof for the petitioner. 158

2.

issue.

2. Whether such answer is or is not filed, the petition shall Tetition at be held to be at issue, after the expiration of the said five days, and the court may, at any time thereafter, upon the application of either party, fix some convenient time and place for the trial of the petition. R.S., c. 9, s. 13.

PRELIMINARY EXAMINATION OF PARTIES.

how parties

examined.

21. Any party to an election petition, whether petitioner or When and respondent, may, at any time after such petition is at issue, to petition before or pending the trial thereof, be examined by or before a may be judge or an examiner, in the manner hereinafter directed, by a party adverse in point of interest touching any matter raised by such petition; and any party so examined may be further examined on his own behalf, in relation to any matter respecting which he has been examined in chief; but such explanatory Proviso. examination shall be proceeded with immediately after the examination in chief, and not at any future period, except by leave of the court.

tioners or

2. When one of several petitioners or respondents has been so If there are examined, any other petitioner or respondent, united in inter- several petiest, may be examined on his own behalf or on behalf of those respondents. united with him in interest, to the same extent as the party so examined. R.S., c. 9, s. 14.

candidate

22. Whenever a petition has been filed claiming the seat for Defeated a candidate, such candidate, although not a party to the peti- may be tion, may be orally examined as if he was a petitioner. R.S., examined. c. 9, s. 15.

conducted.

23. Any party to be examined orally, under the provisions How examinof this Act, shall be so examined by or before a judge, a judge ation shall be of a county court, a master in chancery, clerk of the crown, or special examiner of the court in which such election petition is pending, or before any barrister-at-law named for the purpose by the court.

2. Such examination shall take place in the presence of the Idem. parties, their counsel, agents or attorneys; and the party so examined orally shall be subject to cross-examination and reexamination; and such examination, cross-examination and re-examination shall be conducted as nearly as possible in the mode now in use in superior courts on a trial of an action or hearing of a cause, or, in the province of Quebec, at the trial of a civil cause by a jury. R.S., c. 9, s. 16.

24. The depositions taken upon any such oral examination Form of the as aforesaid, shall be taken down in writing by the examiner, deposition. not ordinarily by question and answer, but in the form of a

Signing.

Special matter.

Questions

may be put down.

Deposition to

be transmitted to the court.

attendance of .

parties or other persons to be examined.

narrative, and when completed shall be read over to the witness, and signed by him, in the presence of the parties, or of such of them as think fit to attend.

2. In case the witness refuses or is unable to sign the said depositions, then the examiner shall sign the same.

3. Such examiner may upon every examination, state any special matter to the court if he thinks fit.

4. It shall be in the discretion of the examiner to put down any particular question or answer, if there appears to be any special reason for so doing; and any question which is objected. to shall, at the request of either party, be noticed or referred to by the examiner in or upon the depositions; and he shall state his opinion thereon to the counsel, agents, attorneys or parties; and, if requested by either party, he shall refer to such statement on the face of the depositions. R.S., c. 9, s. 17.

25. When the examination before the examiner is concluded, the original depositions authenticated by the signature of such examiner, shall be transmitted by him to the office of the court to be there filed; and any party to the petition may have a copy thereof, or of any part or portion thereof, upon payment for the same in such manner as is prescribed by the court in that behalf. R.S., c. 9, s. 18.

Compelling 26. The attendance of a party or other person for oral examination or cross-examination before the examiner, may be compelled by a writ of subpoena ad testificandum or duces tecum, in like manner as the attendance of such party or person, at the trial of the petition, may be compelled, and any party or person upon being served with such writ shall be bound to attend before the examiner; but such party or person shall be entitled to the like payment for attendance and expenses as if he had Been subpoenaed to attend upon the trial. R.S., c. 9, s. 19.

Persons in custody.

Notice of

examination.

Neglecting to attend or

refusing to

27. The sheriff, gaoler or other offcer, having the custody of any prisoner, shall take such prisoner for examination before the examiner, if so ordered by the court. R.S., c. 9, s. 20.

28. Forty-eight hours' notice of any such oral examination or cross-examination shall be given to the opposite party or parties. R.S., c. 9, s. 21.

29. Any party or person who refuses or neglects to attend at the time and place appointed for his examination or crossanswer to be examination, or who refuses to be sworn or to answer any lawful question put to him by the examiner, or by any person entitled so to do, or his counsel, agent, attorney or solicitor, may be punished as for a contempt of court.

contempt.

Witness may demur to questions.

2. If any witness demurs or objects to any question put to him, the question so put, and the demurrer or objection of the witness

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