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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 triul.
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 forthwith 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. 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 be as follows:
TITLE OF THE COURT HELD FOR THE TRIAL OF A MUNICIPAL ELECTION
“Court for the trial of a municipal election petition for the borough of [or as may be) between
petitioner and respondent." NOTE.-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 record, and also sach duties as may be prescribed to him.
51. The commissioner may appoint a proper person to act as crier and officer of the court.
52. 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 bis 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 incapacitated from giving such certificate, by the commissioner.
54. The order of the court to oompel 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
OP 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 THE
TRIAL OF AN ELECTION PETITION.
for the trial 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 l., and to be further imprisoned in the said gaol until the suid 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
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.
57. 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 Municipal Corporations Act, 1882, as a judge in the ordinary proceedings of the High Court, and such questions and matters shall be heard and disposed of by any judge of the High Court.
58. 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.
The following form shall be sufficient:
NOTICE OF APPLICATION FOR LEAVE TO WITHDRAW A PETITION.
Municipal Corporations Act, 1882.
presented day of The petitioner proposes to apply to withdraw his petition upon the following ground [here state the ground] and prays that a date may be appointed for hearing his application. Dated this day of
59. The notice of application for leave to withdraw shall be left at the master's office.
60. A copy of such notice of the intention of the petitioner to apply for leave 'to withdraw his petition shall be given by the petitior er to the respondent, and to the town clerk, who shall cause the same to be published in the borough to which it relates.
The following may be the form of such notice :
NOTICE OF APPLICATION FOR LEAVE TO WITHDRAW A PETITION, TO BE
PUBLISHBD BY THE Town CLERK.
Municipal Corporations Act, 1882. In the election petition for in which is petitioner and
respondent. Notice is hereby given that the above petitioner has on the
day of 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 writing of his intention on the hearing to apply for leave to be substituted as a petitioner.
61. 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.
62. The time and place for hearing the application shall be fixed by a judge, and whether before the High Court, 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 Buch time as the court or judge directs.
63. Notice of abatement of a petition, by death of the petitioner or surviving petitioner, under sect. 96, sub-sect. 1, of the said Act, shall be given by the party or person interested in the saine manner as a notice of an application to withdraw a petition, and the time within which application may be made to the High Court, or a judge thereof, 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 High Court or a judge thereof may allow.
64. 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.
65. The manner of the nt'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 tho respondent.
66. 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.
67. The time for applying to be admitted as a respondent in either of the events mentioned in the 97th section of the Act shall be within ten days after such notice is given as hereinbefore directed, or such further time as the High Court or a judge thereof may allow.
68. Costs shall be taxed by the master, or at his request by any master of the superior court upon the rule of court or judge's order by which the costs are payable, and costs when taxed may be recovered in like manner as if payable under a rule of court, judgment, or order of a judge in the ordinary proceedings in the High Court of Justice, or in case there be money in the bank available for the purpose, then to the extent of such money by order of the Lord Chief Justice of England for the time being.
The office fees payable for inspection, office copies, enrolment, and other proceedings under the Act and these rules, shall be the same as those payable, if any, for like proceedings according to the present practice of the High Court of Justice.
69. No proceedings under the Municipal Corporations Act, 1882, shall be defeated by any formal objection.
70. Any rule made or to be made in pursuance of the Act shall be published by a copy thereof being put up at the master's office. Dated the 17th day of April, 1883.
C. E. POLLOCK.
HENRY O. Lopes.
trial of Parliamentary Election Petitions.
SHEWING THE DATES (DEFINITE AND APPROXIMATE) UPON WHICH CERTAIN
REQUIREMENTS OF THE MUNICIPAL CORPORATIONS ACT, 1882 (AND OTHER
Sunday, Christmas Day, Good Friday, Easter Monday, and Easter Tuesday, or any day appointed for a public fast, humiliation, or thanksgiving, is not to be computed. If a date specified for any particular act or proceeding required to be done falls on either of these days, then the act or proceeding is to be taken on the next day afterwards. If anything is directed to be done within seven days, then those days are not to be reckoned in the computation of time (section 230, subsections 1, 2, and 3), and the same provision applies to the day or date on which any Act is appointed to be done. It must be noted that where specified dates are given in this Table, they are governed by the operation of the section referred to.
1st.-Copy rules, &c., respecting police to be
sent to the Secretary of State by
purposes from their number within
the first ten dars List of voters (parliamentary, county
electors, and burgesses) comes into force 7th-Registrars of Births and Deaths to
transmit to overseers on or before this