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Service of notice.

Preliminary

petition.

dents either personally or at his or their domicile within the time granted by the court or judge, then it may be effected upon such other person, or in such other manner as the court or judge, on the application of the petitioner, may appoint.

10. Within five days after the service of the petition and the objections to accompanying notice, the respondent may present in writing any preliminary objections or grounds of insufficiency which he may have 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. The How decided. court, or any judge thereof, shall hear the parties upon such objections and grounds, and shall decide the same in a summary

answer.

manner.

Respondent's 11. 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 be presented, the respondent may file a written answer to the petition, together with a copy thereof for the petitioner; but whether such answer be or be not filed, the petition shall 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.

Petition at

issue.

List of peti

to be made.

12. The Clerk of the Court shall, as soon as may be, make tions at issue out a list of all petitions presented under this Act, and which are at issue, placing them in the order in which they were presented, and shall keep at his office a copy of such list (hereinafter referred to as the election list,) open to the inspection of any person making application; and such petitions, as far as conveniently may be, shall be tried in the order in which they

Trial of petition.

Place of trial.
Proviso.

Notice.

stand on such list.

13. Every election petition shall be tried by one of the judges of the court, without a jury and it shall be competent for the judge, on such trial, to decide any question raised as to the admissibility of the evidence offered, or to receive such evidence under reserve, and subject to adjudication at the final hearing.

The trial of an election petition shall take place in the electoral district, the election or return for which is in question: Provided always, that if it appears to the court that special circumstances exist, which make it desirable that the petition should be tried elsewhere than in such electoral district, the court may appoint such other place for the trial as may appear most convenient:

Notice of the time and place at which an election petition will be tried shall be given in the prescribed manner, not less than fourteen days before that on which the trial is to take place:

The judge of the trial may adjourn the same from time to Adjourntime, and from any one place to another, in the same electoral ments. district, as to him may seem convenient.

PRELIMINARY EXAMINATION OF PARTIES, ETC., AND PRO-
DUCTION OF DOCUMENTS.

examined.

14. Any party to an election petition, whether petitioner or When and respondent, may at any time after such petition is at issue, be- how parties to petition fore 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; and when one of several petitioners or respondents has been so examined, any other petitioner or respondent, united in interest, may be examined on his own behalf, or on behalf of those united with him in interest, to the same extent as the party so examined: Provided that such explanatory examination must be proceeded Proviso. with immediately after the examination in chief, and not at any future period, except by leave of the court or a judge.

15. Where any petition has been filed claiming the seat for a Candidate candidate, such candidate, although not a party to the petition, claiming seat may be orally examined as if he were a petitioner.

may be

examined.

examination

16. Any party to be examined orally, under the provisions How such of this Act, shall be so examined by or before a judge, a county shall be court judge, a master in chancery, clerk of the crown, or special conducted. examiner of the court in which such election petition is pending, or before any barrister-at-law named for the the purpose by the court or the judge; and such examination shall take place in the presence of the parties, their counsel, agents or attorneys; and the party so examined orally shall be subject to cross-examination and re-examination; and such examination, crossexamination and re-examination shall be conducted as nearly as may be in the mode now in use in courts of common law on a trial at nisi prius, or in chancery at the hearing of a cause, or in the Province of Quebec at the trial of a civil cause by a jury; subject to the provisions hereinafter made.

17. The depositions taken upon any such oral examination Form of as aforesaid, shall be taken down in writing by the examiner, depositions to not ordinarily by question and answer, but in the form of a 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 may think fit to attend: Provided always, Provisothat in case the witness shall refuse or be unable to sign the said depositions, then the examiner shall sign the same; and such examiner may upon every examination, state any special matter to the court if he shall think fit: Provided also, that it

shall be in the discretion of the examiner to put down any parquestions may ticular question or answer, if there should appear to be any

Proviso:

be put down

in certain

cases.

Depositions to be transmitted

special reason for so doing; and any question or questions which may be 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.

18. When the examination before the examiner shall have to the Court. been 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 shall be prescribed by the court in that behalf.

Compelling attendance of persons to be

parties or

examined.

Persons in custody.

Notice.

Neglecting

to attend or refusing to

contempt.

Witness may demur to questions.

19. The attendance of a party or other person for oral examination or cross-examination before the examiner, may be required by a writ subpoena ad testificandum or duces tecum, in like manner as such party or person would be required to attend the trial of the petition, 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.

20. The sheriff, gaoler or other officer having the custody of any prisoner, may take such prisoner for examination before the examiner, under the authority of this Act, if so ordered by the court or a judge thereof.

21. Forty-eight hours' notice of any such oral examination or cross-examination shall be given to the opposite party or parties.

22. Any party or person refusing or neglecting to attend at the time and place appointed for his examination or cross-exanswer, to be amination, or refusing to be sworn or to answer any lawful question put to him by the examiner, or by any party entitled so to do, or his counsel, agent or attorney, may be punished as for a contempt of court: Provided always, that if any witness shall demur or object to any question or questions which may be put to him, the question or questions so put, and the demurrer or objection of the witness thereto, shall be taken down by the examiner, and transmitted by him to the office of the court to be there filed; and the validity of such demurrer or objection shall be decided by toe court or a judge thereof; and the costs of and occasioned by such demurrer or objection shall be in the discretion of the court or judge.

Use of

depositions.

23. Any party to a petition shall be entitled to use, upon the trial of such petition, depositions taken by or before the

examiner, in accordance with the provisions of this Act: Pro- Proviso.
vided that, where such party uses any portion of a deposition so
taken, it shall be competent for the party against whom it is
used to put in the entire evidence so taken, as well that in
chief as that in explanation.

copies of

24. Any party to any election petition, whether petitioner Production, or respondent, may, at any time after such petition is at issue, inspection and before or pending the trial thereof, obtain a rule or order of the documents. court or of the judge, requiring the adverse party to produce within ten days after the service thereof, under oath, all documents in his custody or power relating to the matters in question, saving all just exceptions; and to deposit the said documents with the clerk of the court; and upon such documents being produced, the party requiring such production, or his agent or attorney may inspect the same and take examined copies thereof: Pro- Proviso. vided that, when any person upon whom a rule to produce has been served wishes to avail himself of any such exception as above mentioned, he must in his affidavit on production assign a sufficient reason why he should not produce and deposit the same in manner aforesaid.

how obtained.

25. The rule referred to in the preceding section shall be a Rule for rule in the nature of a side bar rule, and shall issue in vacation production, as in term, and may be obtained on the last as well as other days of term; and such rule shall be dated the day of the week, month and year on which the same was drawn up, and need not specify any other time or date; and such rule may be obtained by the party requiring the same, his agent or attorney, from the clerk of the court.

26. The rule for the production of documents shall not Service. require personal service, and it shall be sufficient to serve the same upon the agent or attorney of the party.

27. The affidavit on production to be made by the party who Affidavit on has been served with the rule for production, may be in the production. form or to the effect of the schedule to this Act, varied as the facts require.

disobedience.

28. Any party neglecting or refusing to obey a rule for the Penalty for production of documents, may be punished as for a contempt of court.

29. At the conclusion of the trial the judge shall determine Decision and whether the member whose election or return is complained of, Certificate of Judge. or any and what other person was duly returned or elected, or whether the election was void and other matters arising out of the petition, and requiring his determination, and shall except only in the case of appeal hereinafter mentioned immediately after the expiration of eight days from the day on which he to Speaker. shall so have given his decision, certify in writing such deter

To be certified

Judge's report if corrupt practices are charged.

Special report at his discretion.

Judge may

case to be stated.

mination to the Speaker, appending thereto a copy of the notes of the evidence, and the determination thus certified shall be final to all intents and purposes.

This section was amended by 38 V. c. 10, sec. 3, by striking out the word "immediately" (printed in italics) and substituting "within four days."

30. When any charge is made in an election petition of any corrupt practice having been committed at the election to which the petition refers, the judge shall, in addition to such certificate, and at the same time, report in writing to the Speaker, as follows

(a) Whether any corrupt practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at such election, stating the name of such candidate, and the nature of such corrupt practice;

(b.) The names of any persons who have been proved at the trial to have been guilty of any corrupt practice;

(c). Whether corrupt practices have, or whether there is reason to believe that corrupt practices have extensively prevailed at the election to which the petition relates.

31. The judge may, at the same time, make a special report to the Speaker, as to any matters arising in the course of the trial, an account of which ought, in his judgment, to be submitted to the House of Commons.

32. When upon the application of any party to an election direct a special petition duly made to the judge, it appears to such judge that the case raised by the petition can be conveniently stated, as a special case, such judge may direct the same to be so stated, and any such special case shall, as far as may be, be heard before such judge, who shall thereupon give such judgment as to justice may appertain, and in case the decision be final the judge shall certify to the Speaker his decision on such special case, in the manner and time specified in section twenty-nine of this Act:

Decision thereon.

Appeal from decision of

Quebec.

33. Relates to Quebec only.

34. Relates to Quebec only.

35. Provided also, that in any other of the Provinces any judge in other party to the petition who may be dissatisfied with the decision Provinces than of the Judge on any question of law or of fact, and desires to appeal against the same, may within the said delay of eight days from the day on which the judge has given his decision, deposit in the court of which the said judge is a member, with the proper officer of the court whose duty it is to receive moneys

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