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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, forthwith send a copy of the petition to the town clerk, pursuant to sect. 88 of the Act, sub-sect. (3), and shall therewith send the name of the petitioner's agent, if any, and the address, if any, given as prescribe 1, and also 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 dtlivery 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 of the High Court, 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. An agert employed for the petitioner or respondent sball forthwith 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.
15. In the case of evasion of service the sticking up a notice in the office of the master of the petition having been prosented, 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 Municipal Corporations Act, 1882, Security Fund,” which shall be vested in and drawn upon from time to time by the Lord Chief Justice of England 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 loft 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. All claims at law or in equity to money so deposited or to be deposited in the Bank of England shall be disposed of by the High Court of Justice or & judge thereof.
19. 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 High Court, or order of a judge thereof.
20. Such rule or order may be made after such notice of intention to apply, and prouf that all just claims have been satisfied or otherwise sufficiently provided for, as the court or judge may require.
21. 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.
22. Upon such rule or order being made, the amount may be drawn for by the Lord Chief Justice of England for the time being.
23. The draft of the Lord Chief Justice of England for the time being shall in all cases be a sufficient warrant to the Bank of England for all payments made thereunder.
24. The recognisance as security for costs may be aoknowledged before a
judge of the High Court 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.
25. 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:
RECOGNISANCE AS SecurITY FOR Costs On AN ELECTION Petition. Be it remembered that on the
in the year of our Lord 18 before me [name and description] came 4.B., of [name and description as above prescribed] and acknowledged himself [or severally acknowledged themselves) to owe to our Sovereign Lady the Queen the sum of five hundred pounds [or the following sums], (that is to say) the said C.D. the sum of l., the said E. F. the sum of
l., the said G.H. the sum of l., and the said J.K., the sum of 1., to be levied on his [or their respective] goods and chattels, lands 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 Municipal Corporations Act, 1882, to any person or persons, then this recognisanre to be void, otherwise to stand in full force.
(Signed) [Signature of sureties.] Taken and acknowledged by the above-named [name of sureties] on the at before me.
26. The recognisance or recognisances shall be left at the master's office, by or on behalf of the petitioner in like munner as before prescribed for the leaving of a petition forthwith after being acknowledged.
The security may (unless the High Court or a judge thereof shall other. wise order on summons), be given to any amount not less than 3001.; but the High Court or a judge thereof may, on summons taken out within five days, from the service of the notice of the nature and annount of the security, order that the same shall be increased within a time to be fixed in the order by further security to be given in the manner directed by the Act, for a further amount, not exceeding with the amount for which security shall have been already given 5001. And in default of compliance with such order, no further proceedings shall be had on the petition.
27. The time for giving notice of any objection to a recognisance under the 89th section of the Act, sub-sect. (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, or in case of further security within tive days after service of notice of the nature thereof, exclusive of the day of such service.
28. 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.
29. 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.
30. Such hearing and decision may be either upon affidavit or personal examination of witnesses, or both, as the master or judge may think fit.
31. If an objection be allowed and the security be declared insufficient, the master or judge shall in his 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.
32. The costs 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 costs of the petition.
33. The costs of hearing and deciding an objection upon the ground of insufficiency of a surety or sureties, shall be paid by the petitioner, and a clause 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 authorised to take, or before some person authorised to take affidavits in the High Court of Justice 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 :
AFFIDAVIT OF SUFFICIENCY OF THE SURETY NAMED IN THE RECOGNISANCE. In the High Court of Justice.
Municipal Corporations Act, 1882. 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 1.
34. The order of the master for payment of costs shall have the same force as an order made by a judge, and may be enforced in like manner as a judge's order in an ordirary proceeding in the High Court of Justice.
35. 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 forthwith filed with the master, and the same shall be produced at the trial by the registrar, stamped with the official seal. Such order shall be filed by the party obtaining the same, and such particular by the party delivering the same.
36. 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.
37. 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 Suoday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving
38. 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 aff 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.
39. The master shall make out the municipal election list. In it he shall insert the names of the agents of the petitioners and respondents, 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.”
40. 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 forthwith publish the same in the borough.
41. The sticking 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.
42. The notice of trial may be in the following Form :
NOTICE OF TRIAL OF ELECTION Petition.
Municipal Corporations Act, 1882. 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 day of
Signed, by order,
43. 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 forthwith made public by the town clerk.
44. In the erent 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.
45. 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 enquiry is concluded.
46. 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 97th 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.
47. 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 High Court of Justice, 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 ollice shall be deemed to bo 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. 48. The application to state a special case may be made by motion in the High Court of Justice, or by a summons before a judge thereof.
49. The title of the court held for the trial of a municipal election petition may bo as follows:
TITLE OF THE COURT HELD FOR THE TRIAL OF A MUNICIPAL ELECTION
PETITION, “Court for the trial of a municipal election petition for the borough of Cor as may be] between
petitioner and respondent." Nore. It will be sufficient so to entitle all proceedings in the court.
50. 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 like manner as the clerks of assize and of arraigns attend at 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 rocord, and also saoh duties as may be prescribed to him.
61. The commissioner may appoint a proper person to act as crier and officer of the court.
52. The short band 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.
53. The amount to be paid to any witness whose expenses shall be allowed by the commissioner trying the petition shall be ascertained and certified by the registrar; or in the event of his becoming incapacita from giving such certificate, by the commissioner.
54. The order of the court to compel the attendance of a person as a witness may be in the following form :
ORDER OF THE COURT TO COMPEL ATTENDANCE OF A WITNESS ON THE TRIAL
OF AN ELECTION PETITION. Court for the trial of a municipal election petition for (complete the title of the court], the day of
To A.B. [describe the person). You are hereby required to attend before the above court at (place] on
at the hour of (or forthvith, 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.,
petition is assigned.
55. In the event of its being necessary to commit any person for contempt the warrant may be as follows:
WARRANT OF COMMITMENT OF A PersON FOR CONTEMPT OF COURT ON THB
TRIAL OF AN ELECTION PETITION,
for the trial of a municipal eiection petition for the burough of
before A.B., one of the barristers appointed for the trial of municipal election petitions,
pursuant to the Municipal Corporations Act, 1882. 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
1., 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. Signed the day of
56. Such warrant may be made out and directed to the sheriff or other person having the execution of process of the High Court as the case may be, and to