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.

(Signed)

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 available 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 payable, 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 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.

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.

COLIN BLACKBURN,

H. S. KEATING,

A. CLEASBY,

The Judges for the time being on the Rota for the trial of Election Petitions under the provisions of the Parliamentary Elections Act, 1868.

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 20th day of November, 1872, by the judges for the trial of election petitions in England, shall be disposed of by the Court of Common 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.

COLIN BLACKBURN,
H. S. KEATING,
A. CLEASBY,

Judges for the time being on the Rota for the trial of Election Petitions in England, pursuant to the Parliamentary Elections Act, 1868.

Dated the 10th day of December, 1872.

ADDITIONAL GENERAL RULES

MADE BY

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 forthwith filed 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 affidavit, 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 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. Dated the 27th day of January, 1875.

G. PIGOTT,

ROBT. LUSH,

GEORGE E. HONYMAN,

Judges for the time being on the Rota for the trial of Election Petitions in England.

EFFECTUAL EXECUTION OF PART IV. OF THE MUNICIPAL CORPORATIONS ACT, 1882, MADE BY THE JUDGES FOR THE TIME BEING ON THE ROTA FOR THE TRIAL OF PARLIA MENTARY ELECTION PETITIONS.

(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

day of

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.

The Municipal Corporation

In the High Court of Justice,

Act, 1882.

Election for [state the place and office for which election held] holden on the

day of

The petition of A. of

A.D.

[or of A. of 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 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 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, as the case may be].

(Signed)

A.
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 effectual 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 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 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 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.

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 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 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 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