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II.-GENERAL RULES

FOR THE 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 PARLIAMENTARY
ELECTION PETITIONS.

1. The presentation of a municipal election petition shall be Ante, made by leaving it at the office of the master for the time being P. 212. 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:

day of

Received on the tion touching the election of A. B., the case may be] for the borough of by [insert the names of petitioners].

at the master's office a petialderman, councillor, [&c., as

purporting to be signed

C. D., Master's Clerk.

With the petition shall also be left a copy thereof for the master to send to the town clerk, pursuant to section 88, sub-section (3), of the Act.

2. A municipal election petition shall contain the following Ante, statements:

(1.) It shall state the right of the petitioner or petitioners to petition within section 88, sub-section (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.

p. 211.

3. The petition shall be divided into paragraphs, each of which, Ante, as nearly as may be, shall be confined to a distinct portion of the P. 211. 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, Ante, that some specified person should be declared duly returned or p. 211.

Ante, p. 211.

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 to the like effect, shall be sufficient:

In the High Court of Justice,

"The Municipal Corporations Act, 1882."

Election for [state the place and office for which election_held]

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day of

A.D.

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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].

day of

A.D.

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2. And your petitioners state that the election was holden on the 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, or as the case may be].

(Signed)
A.
B.

Ante,

6. Evidence need not be stated in the petition, but the High pp.211,227. 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.

Ante, p. 233.

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 be 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 Ante, of an undue election, and claiming the office for some person, in- P. 234. tends to give evidence to prove that the election of such person was undue, pursuant to the 93rd section of the Act, sub-section 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 Ante, at the office of the master a writing, signed by him or them or on P. 212. 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 writing be left or address given, then notice of objection to the recognizances, 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 Ante, after he is elected send to or leave at the office of the master a P. 212. writing, signed by him or on his behalf, appointing a person entitled to practise 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 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, Ante, forthwith send a copy of the petition to the town clerk, pursuant p. 212.

Ante, p. 215.

Ante, p. 215.

Ante,

p. 215.

Ante, p. 216.

Ante, p. 216.

to section 88 of the Act, sub-section (3), and shall therewith send the name of the petitioner's agent, if any, and the address, if any, given as prescribed, and also the name of the respondent's agent, and the address, if any, given as prescribed, and the town clerk shall forthwith 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 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.

15. In case of evasion of service the sticking up a notice in the office of the master of the petition having been presented, 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 proof 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 recognizance as security for costs may be acknowledged Ante, before a judge of the High Court or the master in town, or a P. 217. justice of the peace in the country.

There may be one recognizance acknowledged by all the sureties,

or separate recognizances by one or more, as may be convenient.

25. The recognizance shall contain the name and usual place of Ante, abode of each surety, with such sufficient description as shall P. 217.

enable him to be found or ascertained, and may be as follows:

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Be it remembered that on the day of of year our Lord 18, before me [name and description] came A. 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 £ the said E. F. the sum of £ the said G. H. the sum of £ and the said J. K. the sum of £ 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.

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The condition of this recognizance 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

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