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32. The sti«king up of the notice of trial at the office of the Master shall be deemed and taken to be notice in the prescribed manner within the meaning of the Act, and such notice shall not be vitiated by any miscarriage of or relating to the copy or copies thereof to be sent as already directed.
33. The notice of trial may be in the following form:
Corrupt Practices (Municipal Elections) Act, 1972.
Election petition of Borough of Take notice that the above petition (or petitions will be tried at on the day of
and on such other subsequent days as may be needful, Dated the
Signed, by order,
The Master appointed under the above Act. 34. A judge may from time to time, by order made upon the application of a party to the petition, or by notice in such form as the judge may direct to be sent to the town clerk, postpone the beginning of the trial to such day as he may name, and such notice when received shall be forth with made public by the town clerk.
35. In the event of the barrister to whom the trial of the petition is assigned not having arrived at the time appointed for the trial, or to which the trial is postponed, the commencement of the trial shall ipso facto stand adjourned to the ensuing day, and so from day to day.
36. No formal adjournment of the court for the trial of a municipal election petition shall be necessary, but the trial is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded.
37. The application to state a special case may be made by rule in the Court of Common Pleas when sitting, or by a summons before a judge at chambers, upon hearing the parties,
38. The title of the court held for the trial of a municipal election petition may be as follows: “Court for the trial of a municipal election petition for the borough of [or as may be] between
petitioner and respondent,” and it shall be sufficient so to entitle all proceedings in that court.
39. An officer shall be appointed for each court for the trial of a municipal election petition by the election judges, at the time that they assign the petition to the barrister; such officer shall attend at the trial in liko manner as the clerks of assize and of arraigns attend the assizes.
Such officer may be called the registrar of that court. He, by himself, or in case of need, his sufficient deputy, shall perform all the functions incident to the officer of a court of record, and also such duties as may be prescribed to him.
40. The reasonable costs of any witness shall be ascertained by the registrar of the court, and the certificate allowing them shall be under his hand, unless the court shall otherwise order.
41. The order of the court to compel the attendance of a person as a witness may be in the following form :
Court for the trial of a municipal election petition for (complete the title of the court] the
To A.B. [describe the person]. You are hereby required to attend before the above court at [place] on
at the hour of (or forth with, as the case may be] to be examined as a witness in the matter of the said petition, and to attend the said court until your examination shall have been completed.
As witness my hand, A.B.,
42. In the event of its being necessary to commit any person for contempt, the warrant may be as follows : At a court holden on
for the trial of a municipal election petition for the borough of
before A.B., one of the barristers appointed for the trial of municipal election petitions,
pursuant to “The Corrupt Practices (Municipal Elections) Act, 1872.” Whereas C.D. has this day been guilty, and is by the said court adjudged to be guilty of a contempt thereof. The said court does therefore sentence the said C.D. for his said contempt to be imprisoned in the
gaol for calendar months (or as may be], and to pay to our Lady the Queen a fine of £
and to be further imprisoned in the said gaol until the said fine be paid, and the court further orders that the sheriff of the borough [if any, or as the case may be], and all constables and officers of the peace of any county, borough, or place where the said C.D. may be found, shall take the said C.D. into custody and convey him to the said gaol, and there deliver him into the custody of the gaoler thereof, to undergo his said sentence; and the court further orders the said gaoler to receive the said C.D. into his custody, and that he shall be detained in the said gaol in pursuance of the said sentence.
A.B. 43. Such warrant may be made out and directed to the sheriff or other person having the execution of process of the superior courts, as the case may be, and to all constables and officers of the peace of the county, borough, or place where the person adjudged guilty of contempt may be found, and such warrant shall be sufficient without further particularity, and shall and may be executed by the persons to whom it is directed or any or either of them.
44. All interlocutory questions and matters, except as to the sufficiency of the security, shall be heard and disposed of before a judge, who shall have the same control over the proceedings under the Corrupt Practices (Municipal Elections) Act, 1872, as a judge at chambers in the ordinary proceedings of the superior courts, and such questions and matters shall be heard and disposed of then by any judge at chambers.
45. Notice of an application for leave to withdraw a petition shall be in writing and signed by the petitioners or their agent.
It shall state the ground on which the application is intended to be supported.
Corrupt Practices (Municipal Elections) Act, 1872.
Petition of [state petitioners) presented
The petitioner proposes to apply to withdraw his petition upon the following ground [here state the ground), and prays that a day may be appointed for hearing his application. Dated this day of
(Signed) 46. The notice of application for leave to withdraw shall be left at the Master's office.
47. A copy of such notice of the intention of the petitioner to apply for leave to withdraw his petition shall be given by the petitioner to the respondent, and to the town clerk, who shall make it public in the borough to which it relates, and shall be forthwith published by the petitioner in at least one newspaper circulating in the place. The following may be the form of such notice :
Corrupt Practices (Municipal Elections) Act, 1872.
is petitioner and
lodged at the Master's office notice of an application to withdraw the petition, of which notice the following is a copy [set it out].
And take notice that by the rule made by the judges, any person who might have been a petitioner in respect of the said election may, within five days after publication by the town clerk of this notice, give notice in writ. ing of his intention on the hearing to apply for leave to be substituted as a petitioner.
48. Any person who might have been a petitioner in respect of the election to which the petition relates, may, within five days after such notice is published by the returning officer, give notice, in writing, signed by him or on his behalf, to the Master of his intention to apply at the hearing to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing.
49. The time and place for hearing the application shall be fixed by a judge, and whether before the Court of Common Pleas, or before a judge, as he may deem advisable, but shall not be less than a week after the notice of the intention to apply has been given to the Master as hereinbefore provided, and notice of the time and place appointed for the hearing shall be given to such person or persons, if any, as shall have given notice to the Master of an intention to apply to be substituted as petitioners, and otherwise in such manner and at such time as the judge directs.
50. Notice of abatement of a petition, by death of the petitioner or surviving petitioner, under section 17, subsection 5, of the said Act, shall be given by the party or person interested in the same manner as a notice of an application to withdraw a petition, and the time within which application may be made to the Court of Common Pleas or a judge at chambers, by motion or summons at chambers, to be substituted as a petitioner, shall be one calendar month, or such further time as upon consideration of any special circumstances the Court of Common Pleas or a judge at chambers may allow.
51. If the respondent dies, any person entitled to be a petitioner under the Act in respect of the election to which the petition relates, may give notice of the fact in the borough by causing such notice to be published in at least one newspaper circulating therein, if any, and by leaving a copy of such notice signed by him or on his behalf with the town clerk, and a like copy with the Master.
52. The manner and time of the respondent's giving notice that he does not intend to oppose the petition, shall be by leaving notice thereof in writing at the office of the Master signed by the respondents six days before the day appointed for trial exclusive of the day of leaving such notice.
53. Upon such notice being left at the Master's office, the Master shall forthwith send a copy thereof by the post to the petitioner or his agent, and to the town clerk, who shall cause the same to be published in the borough.
54. The time for applying to be admitted as a respondent in either of the events mentioned in the 18th section of the Act shall be within ten days after such notice is given as hereinbefore directed, or such further time as the Court of Common Pleas or a judge at chambers may allow.
55. Costs shall be taxed by the Master, or at his request by any Master of a superior court, upon the rule of court or judge's order by which the costs are payable, and costs when taxed may be recovered by execution issued upon the rule of a court ordering them to be paid ; or, if payable by the order of a judge, then by making such order a rule of court in the ordinary way and issuing execution upon such rule against the person by whom the costs are ordered to be paid, or in case there be money in the bank avail. able for the purpose, then to the extent of such money by order of the chief justice of the Common Pleas for the time being, upon a duplicate of the rule of court.
The office fees payable for inspection, office copies, enrolment, and other proceedings under the Act and these rules, shall be the same as those pay. able, if any, for the like proceedings according to the present practice of the Court of Common Pleas.
56. An agent employed for the petitioner or respondent shall forth with leave written notice at the office of the Master, of his appointment to act as such agent, and service of notices and proceedings upon such agent shall be sufficient for all purposes.
57. No proceedings under the Corrupt Practices (Municipal Elections) Act, 1872, shall be defeated by any formal objection.
58. Any rule made or to be made in pursuance of the Act, if made in term time shall be published by being read by the Master in the Court of Common Pleas, and if made out of term by a copy thereof being put up at Master's office. Dated the 20th day of November, 1872.
ADDITIONAL GENERAL RULES For the effectual execution of “The Corrupt Practices (Municipal Elections) Act, 1872." made by The Honble. Sir Colin BLACKBURN, Knight, one of the Justices of the Queen's
Bench. The Honble. Sir Henry SINGER KEATING, Knight, one of the Justices of the
Common Pleas, and The Honble. 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. All claims at law or in equity to money deposited or to be deposited in the Bank of England for payment of costs, charges, and expenses payable by the petitioners pursuant to the 16th General Rule, made the 2oth day of November, 1872, by the judges for the trial of election petitions in England, shall be disposed of by the Court of Coinmon Pleas or a judge at chambers.
2. Money so deposited shall, if, and when the same is no longer needed for securing payment of such costs, charges, and expenses, be returned or otherwise disposed of as justice may require, by rule of the Court of Common Pleas or order of a judge at chambers.
3. Such rule or order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or otherwise sufficiently provided for, as the Court of Common Pleas or judge at chambers may require.
4. The rule or order may direct payment either to the party in whose name the same is deposited, or to any person entitled to receive the same.
5. Upon such rule or order being made, the amount may be drawn for by the Chief Justice of the Common Pleas for the time being.
6. The draft of the Chief Justice of the Common Pleas for the time being shall in all cases be a sufficient warrant to the Bank of England for all payments made thereunder.
7. The barrister engaged may appoint a proper person to act as crier and officer of the court.
8. The shorthand writer to attend at the trial of a petition shall be the shorthand writer to the House of Commons for the time being or his deputy, and the Master shall send a copy of the notice of trial to the said shorthand writer to the House of Commons.
Petitions in England, pursuant to the Parliamentary Elections Act,
1868. Dated the 10th day of December, 1872.
ADDITIONAL GENERAL RULES
THE JUDGES FOR THE TIME BEING FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND FOR THE MORE EFFECTUAL EXECUTION OF “THE CORRUPT PRACTICES
(MUNICIPAL ELECTIONS) ACT, 1872." 1. A copy of every order (other than an order giving further time for delivering particulars, or for costs only), or, if the Master shall so direct, the order itself or a duplicate thereof, also a copy of every particular delivered, shall be forth with tiled with the Master, and the same shall be produced at the trial by the registrar, stamped with the official seal. Such order and particular respectively shall be filed by the party obtaining the same.
2. The petitioner or his agent shall, immediately after notice of the presentation of a petition and of the nature of the proposed security shall have been served, file with the Master an affidavit of the time and manner of service thereof.
3. The days mentioned in rules 7 and 8, and in any rule of court or judge's order, whereby particulars are ordered to be delivered, or any act is directed to be done, so many days before the day appointed for trial, shall be reckoned exclusively of the day of delivery, or of doing the act ordered and the day appointed' for trial, and exclusively also of Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving.
4. When the last day for presenting petitions, or filing lists of votes or objections, under rules 7 and 8, or recognisances, or any other matter required to be filed within a given time, shall happen to fall on a holiday, the petition or other matter shall be deemed duly filed if put into the letter box at the Master's office at any time during such day; but an afli davit, stating with reasonable precision the time when such delivery was made, shall be filed on the first day after the expiration of the holidays.
5. Rule 40 is hereby revoked, and in lieu thereof it is ordered that the amount to be paid to any witness whose expenses shall be allowed by the barrister trying the petition shall be ascertained and certified by the registrar; or in the event of his becoming incapacitated from giving such certificate, by the barrister.
6. After receiving notice of the petitioner's intention to apply for leave to withdraw, or of the respondent's intention not to oppose, or of the abatement of the petition by death, or of the happening of any of the events mentioned in the 18th section of the Act, if such notice be received after notice of trial shall have been given, and before the trial has commenced, the Master shall forthwith countermand the notice of trial. The countermand shall be given in the same manner, as near as may be, as the notice of trial.
7. If all the respondents shall give notice of their intention not to oppose the petition, and no other person shall be admitted as a respondent, the Court of Common Pleas or a judge may either declare the election void or direct the trial to proceed. Notice of such order shall be forth with given by the Master to the town clerk, and if the election be declared void the office shall be deemed to be vacant from the first day (not being a dies non) after the date of such order. The Court or Judge may also make such order as to costs as may be just. Dated the 27th day of January, 1875.
GEORGE E. HONYMAN,
trial of Election Petitions in England.