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31. Trial of petition—Time of to be fixed by the judges on the rota, the master
to give notice to the parties, and public notice. 32. The master to stick up notice of trial in his office. 33. Notice of trial, form of. 34. A judge may postpone commencement of the trial. 35. Trial to stand adjourned to next day in the event of the barrister not having
arrived. 36. Adjournment-No formal adjournment necessary. 37. Special case -Application to state. 38. Title of the court and of proceedings. 39. An officer of the court, similar to the clerk of assize or arraigns, to be
appointed, to be called the registrar of the court. 40. Costs of witnesses to be ascertained by registrar, certificate, allowing them
to be given unless the court should otherwise order. 41. Witness-Order of court to compel attendance of. 42 Contempt-Warrant of commitment for, 43. To whom to be directed -Authority of. 44. Interlocutory matters to be disposed of by a judge. 45. Withdrawing petition-Notice of application for leave to withdraw petition
-Form of notice. 46. Notice to be left at master's office. 47. Copy of notice of intention to apply to withdraw petition to be given to
respondent and town clerk-Form of notice. 48. Any person who may have been a petitioner may apply to be substituted. 49. Time and place for hearing application to be fixed by a judge-Notice to be
given. 50. Notice of abatement of petition. 61. Proceedings where petitioner dies. 52. Manner and time of respondent's giving notice that he does not intend to
oppose petition. 53. Upon such notice being given, master to send copy to petitioner and to town
clerk. 54. Time for applying to be admitted as a respondent. 65, Taxation and recovery of costs. 56. Agent for the parties to leave notice of appointment with master. 57. No proceedings defeated by any formal objection. 58. As to publication of rules.
Additional General Rules (10th December, 1872). 1. As to claims to money deposited in the Bank of England pursuant to
rule 16. 2. As to return or disposition of money so deposited. 3. Rule or order as to same after notice and proof that all just claims have been
satisfied. 4. Rule or order may direct payment either to party in whose name it is made
or to any other person entitled to receive same. 5. Upon such rule or order being made the amount may be drawn. 6. The draft of the judge to be a sufficient warrant for payment. 7. The barrister may appoint a person to act as crier and officer of court. 8. Shorthand writer to be the shorthand writer to the House of Commons.
Additional General Rules (27th January, 1875). 1. A copy of every order and of every particular delivery to be filed with master,
and be produced at the trial by registrar. 2. Petitioner or his agent immediately after notice of the presentation of petition
and nature of proposed security to file an affidavit of service thereof. 3. The days mentioned in rules 7 and 8 and in any rule of court or judge's
order or any act to be done so many days before the day appointed for trial, to be reckoned exclusively of the day of delivery or doing the act, and exclusive of Sunday, Christmas Day, Good Friday, and any day of
public fast or thanksgiving. 4. Provision where the last day falls on a holiday. 5. Rule 40 revoked, and provision in lieu thereof.
MICHAELMAS TERM, 1872.
(SEE PAGE 100).
GENERAL RULES For the effectual execution of “The Corrupt Practices (Municipal Elections) Act," 1872, made by Sir Colin BLACKBURN, Knight, one of the Justices of the Queen's Bench; Sir HENRY SINGER KEATING, Knight, one of the Justices of the Common Pleas;
and Sir ANTHONY CLEASBY, Knight, one of the Barons of the Exchequer ;
The Judges for the time being on the rota for the trial of election petitions in England, pursuant to the Parliamentary Elections Act,
1868. 1. The presentation of a Municipal Election Petition shall be made by leaving at the office of the Master for the time being nominated by the Chief Justice of the Common Pleas, under the Parliamentary Elections Act, 1868, and such Master or his clerk shall (if required) give a receipt which may be in the following form : Received on the
at the Master's office, a petition touching the election of 4.B., alderman, councillor, [&c. as the case may be] for the borough of
purporting to be signed by [insert the names of petitioners).
C.D., Master's Clerk. With the petition shall also be left a copy thereof for the Master to send to the town clerk, pursuant to section 13, subsection (1), of the Municipal Elections Act.
2. A municipal election petition shall contain the following statements :
(1.) It shall state the right of tho petitioner or petitioners to petition within section 13, subsection (1), of the Act:
(2.) It shall state the holding and result of the election, and shall briefly state the facts and grounds relied on to sustain the prayer.
3. The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every para. graph shall be numbered consecutively, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unlese otherwise ordered by the Court of Common Pleas or a judge at chambers.
4. The petition shall conclude with a prayer, as for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced (as the case may be), and shall be signed by all the petitioners. 6. The following form, or one to the like effect, shall be sufficient :
In the Common Pleas.
[or of A. of
, and B. of , as the case may be) whose names are subscribed.
1. Your petitioner A. is a person who voted (or had a right to vote, as the case may be], at the above election (or was a candidate at the above election); and your petitioner B. [here state in like manner the right of each petitioner].
2. And your petitioners state that the election was holden on the day of A.D.
, when A.B., C.D., and E. F., were candidates, and that d.B. and C.D. have been in the usual manner declared to be duly elected.
3. And your petitioners say that (here state the facts and grounds on which the petitioners rely).
Wherefore your petitioners pray that it may be determined that the said A.B. was not duly elected, and that the election was void (or that the said E.F. was duly elected and ought to have been returned, or as the case may be].
B. 6. Evidence need not be stated in the petition, but the Court of Common l'leas or a judge at chambers may order such particulars as may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectual trial in the same way as in ordinary proceedings in the Court of Common Pleas, and upon such terms as to costs and otherwise as may be ordered.
7. When a petitioner claims the office for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of or defending the election shall, six days before the day appointed for trial, deliver to the Master and also at the address, if any given by the petitioners and respondent, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote, and the Master shall allow inspection and office copies of such lists to all parties concerned ; and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the Court of Common Pleas or a judge at chambers upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.
8. When the respondent in a petition under the Act complaining of an undue election, and claiming the office for some person, intends to give evidence to prove that the election of such person was undue, pursuant to the 15th section of the Act, subsection 9, such respondent shall, six days before the day appointed for trial, deliver to the Master, and also at the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and the Master shall allow inspection and office copies of such lists to all persons concerned; and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the Court of Common Pleas or a judge at chambers, upon such terms as to amendments of the list, postponement of the inquiry, and payment of costs, as may be ordered.
9. With the petition petitioners shall leave at the office of the Master a writing, signed by them or on their behalf, giving the name of some person entitled to practise as an attorney in the Court of Common Pleas, whom they authorize to act as their agent, or stating that they act for themselves, as the case may be, and in either case giving an address, within three miles from the General Post Office, at which notices addressed to them may be left; and if no such writing be left or address given, then notice of objection to the recognisances, and all other notices and proceedings, may be given by sticking up the same at the Master's office.
10. Any person elected to any municipal office may at any time after he is elected send or leave at the office of the Master a writing, signed by him or on his behalf, appointing a person entitled to practise as an attorney in the Court of Common Pleas, to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address within three miles from the General Post Office at which notices may be Jeft, and in default of such writing being left in a week after service of the petition, notices and proceedings may be given and served respectively by sticking up the same at the Master's office.
11. The Master shall keep a book or books at his office in which he shall enter all addresses and the names of agents given under either of the preceding rules, which book shall be open to inspection by any person during office hours.
12. The Master shall, upon the presentation of the petition, forth with send a copy of the petition to the town clerk, pursuant to section 13 of the Act, subsection (1), and shall therewith send the name of the petitioner's agent, if any, and of the address, if any, given as prescribed, and also of the name of the respondent's agent, and the address, if any, given as prescribed, and the town clerk shall forth with publish those particulars along with the petition.
The cost of publication of this and any other matter required to be published by the town clerk shall be paid by the petitioner or person moving in the matter, and shall form part of the general costs of the petition.
13. The time for giving notice of the presentation of a petition and of the nature of the proposed security, shall be five days, exclusive of the day of presentation.
14. Where the respondent has named an agent or given an address, the service of a municipal election petition may be by delivery of it to the agent, or by posting it in a registered letter to the address given at such time that, in the ordinary course of post, it would be delivered within the prescribed time.
In other cases the service must be personal on the respondent, unless a judge at chambers on an application made to him not later than five days after the petition is presented on affidavit, showing what has been done, shall be satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, in which case the judge may order that what has been done shall be considered sufficient service, subject to such conditions as he may think reasonable.
15. In case of evasion of service the sticking up a notice in the office of the Master of the petition having been presented. stating the petitioner, the prayer, and the nature of the proposed security, shall be deemed equivalent to personal service if so ordered by a judge.
16. The deposit of money by way of security for payment of costs, charges, and expenses payable by the petitioner, shall be made by payment into the Bank of England to an account to be opened there by the description of " The Corrupt Practices Municipal Elections Act, 1872, Security Fund," which shall be vested in and drawn upon from time to time by the Chief Justice of the Common Pleas for the time being, for the purposes for which security is required by the said Act, and a bank receipt or certificate for the same shall be forthwith left at the Master's office.
17. The Master shall file such receipt or certificate, and keep a book open to inspection of all parties concerned, in which shall be entered from time to time the amount and the petition to which it is applicable.
18. The recognisance as security for costs may be acknowledged before a judge at chambers or the Master in town, or a justice of the peace in the country.
There may be one recognisance acknowledged by all the sureties, or separate recognisances by one or more, as may be convenient.
19. The recognisance shall contain the name and usual place of abode of each surety, with such sufficient description as shall enable him to be found or ascertained, and may be as follows:
Be it remembered that on the day of
, in the year of our Lord 18 , before me [name and description] came 4.B., of [name and description as above described] and acknowledged himself (or severally acknowledged themselves) to owe to our Sovereign Lady the Queen the sum of five hundred pounds [or the following sumns], (that is to say) the said C.D. the sum of £ , the said E. F. the sum of £ , the said G.H. the sum of £ , and the said J.K. the sum of $ , to be levied on his or their respective) goods and chattels, land and tenements, to the use of our said Sovereign Lady the Queen, her heirs and successors.
The condition of this recognisance is that if (here insert the names of all the petitioners, and if more than one, add, or any of them] shall well and truly pay all costs, charges, and expenses in respect of the election petition signed by him [or them) relating to the here insert the name of the borough) which shall become payable by the petitioner (or petitioners, or any of them,) under the Corrupt Practices Municipal Elections Act, 1872, to any person or persons, then this recognisance to be void, otherwise to stand in full force.
(Signature of sureties.] Taken and acknowledged by the above-pamed [name of sureties) on the day of
, before me,
20. The recognisance or recognisances shall be left at the Master's office, by or on behalf of the petitioner in like manner as before prescribed for the leaving of a petition forth with after being acknowledged.
21. The time for giving notice of any objection to a recognisance under the 13th section of the Act, subsection (4), shall be within five days from the date of service of the notice of the petition and of the nature of the security, exclusive of the day of service.
22. An objection to the recognisance must state the ground or grounds thereof, as that the sureties, or any and which of them, are insufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognisance has not duly acknowledged the same.
23. Any objection made to the security shall be heard and decided by the Master, subject to appeal within five days to a judge, upon summons taken out by either party to declare the security sufficient or insufficient.
24. Such hearing and decision may be either upon affidavit or personal exami. nation of witnesses, or both, as the Master or judge may think fit.
25. If by order made upon such summons the security bo declared sufficient, its sufficiency shall be deemed to be established within the meaning of the 13th section of the said Act, and the petition shall be at issue.
26. If by order made upon such summons an objection be allowed and the security be declared insufficient, the Master or judge shall in such order state what amount he deems requisite to make the security sufficient, and the further prescribed time to remove the objection by deposit shall be within five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed.
27. The cost of hearing and deciding the objections made to the security given shall be paid as ordered by the Master or judge, and in default of such order shall form part of the general cost of the petition.
28. The cost of hearing and deciding an objection upon the ground of insufficiency of a surety or sureties shall be paid hy the petitioner, and a clausa to that effect shall be inserted in the order declaring its sufficiency or insufficiency, unless at the time of leaving the recognisance with the Master there be also left with the Master an affidavit of the sufficiency of the surety or sureties sworn by each surety before a justice of the peace, which affidavit any justice of the peace is hereby authorized to take, or before some person authorized to take affidavits in the Court of Common Pleas, that he is seised or possessed of real or personal estate, or both, above what will satisfy his debts, of the clear value of The sum for which he is bound by his recognisance, which affidavit may be as follows:
In the Common Pleas.
Corrupt Practices (Municipal Elections) Act, 1872. I, A.B. of (as in recognisance) make oath and say that I am seised or possessed of real (or personal] estate above what will satisfy my debts, of the clear value of £
29. The order of the Master for payment of costs shall have the same force as an order made by a judge, and may be made a rule of the Court of Common Pleas, and enforced in like manner as a judge's order.
30. The Master shall make out the municipal election list. In it he shall insert the name of the agents of the petitioners and respondent, and the addresses to which notices may be sent, if any. The list may be inspected at the Master's office at any time during office hours, and shall be put up for that purpose upon a notice-board appropriated to proceedings under the said Act, and headed “ Municipal Election List."
31. The time of the trial of each municipal election petition shall be fixed by the election judges on the rota, or any one of them, who shall signify the same to the Master, and notice thereof shall be given in writing by the Master by sticking notice up in his office, sending one copy by post to the address given by the petitioner, another to the address given by the respondent, if any, and a copy by the post to the town clerk of the borough to which the petition relates, fifteen days before the day appointed for the trial.
The town clerk shall forth with publish the same in the borough.