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EFFECTUAL EXECUTION OF PART IV. OF THE MUNICIPAL
CORPORATIONS ACT, 1882, MADE BY THE JUDGES FOR THE
(See Sections 77 to 104 and pages 83 to 102.)
1. The presentation of a municipal election petition shall be made by leaving it at the office of the master for the time being nominated as prescribed officer, 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:
Receipt FOR DEPOSIT OF PETITION AT THE MASTER'S OFFICE.
Received on the
at the Master's office, a petition touching the election of A.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. Note.-With the petition must also be left a copy of it for the Master to send to the town clerk, pursuant to sect. 88, sub-sect. (3) of the Mun. Cor. Act, 1882. 2. A municipal election petition shall contain the following statements :
(1.) It shall state the right of the petitioner or petitioners to petition within sect. 88, sub-sect. (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 paragraph shall be numbered consecutively, and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the High Court or a judge thereof.
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.
5. The following form, or one of the like effect, shall be sufficient.
ELECTION PETITION, In the High Court of Justice,
The Municipal Corporation
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
when A.B., C.D., and E.F. were candidates and that A.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 petitiuners 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, as the case may be].
B. 6. Evidence need not be stated in the petition, but the High Court or a judge thereof may order such particulars as may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectürl trial in the same way as in ordinary proceedings in the said High Court, 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 coinplaining 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 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 bo given against the validity of any vote, nor upon any head of objection not specified in the list, except by leare of the High Court or a judge thereof, 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 93rd section of the Act, sub-sect. 10, such respondent shals, 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 ho intends to rely, and the master shall allow inspection and office copies of such list to all parties 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 High Court or a judge thereof, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.
9. With the petition the petitioner or petitioners shall leave at the office of the master a writing, signed by him or them, or on his or their behalf, giving the name of some person entitled to practise as a solicitor in the High Court of Justice, whom he or they authorise to act as his or their agent, or stating that he or they act for himself or 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 him or them may be left; and if no such writings 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 to or leave at the office of the master a writing, signed by him or on his behalf, appointing a person entitled to practice as a solicitor in the High Court of Justice, 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 left, and in default of such writing being left in a week after service of the petition, notices and proceedings may be given and served respeotively 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, 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 i, 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 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 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 shall 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 sufficiont for all purposes.
15. In the case of evasion of service the stioking 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 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. 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 a 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 role or order may direct payment either to the party in whose name the game 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 seourity 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 descrip. tion as above prescribed] and acknowledged himself for 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
i., the said G.H. the sum of 1., 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 recognisance 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 manner 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 presoribed 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 objeotion upon the ground of insufficiency of a surety or sureties, shall be paid by the petitioner, and a clause to that effect sball 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 posBessed 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 aot 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