Additional General Rules made by the Judges for the time being 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 21st of November, 1868, by the judges for the trial of election petitions in England, shall be disposed of by the Court of Common Pleas or a judge. 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. 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 or judge 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. Dated the 25th day of March, 1869. Samuel Martin, J. S. Willes, Colin Blackburn, The Judges for the trial of Election 15 April, 1869. I certify that this is a correct copy of the rules made by the judges, whose names are hereunto subscribed. J. Gordon, The officer appointed under the Act. Additional General Rules made by the Judges for the time being for the trial of Election Petitions in England, pursuant to "The Parliamentary Elections Act, 1868," for the more effectual execution of the said Act. 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 Affidavit of of the presentation of a petition and of the nature of the service. 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 Reckoning court or judges' order, whereby particulars are ordered to be days. 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. This applies, s. 49 of the Act of 1868 (p. 536), to the Rules. 4. When the last day for presenting petitions, or filing lists of votes or objections, under Rules 7 and 8, or recognizances, 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. Last day a holiday. 5. Rule 40 is hereby revoked, and in lieu thereof it is ordered Witnesses' that the amount to be paid to any witness whose expenses shall expenses. be allowed by the judge shall be ascertained and certified by the registrar; or in the event of his becoming incapacitated from giving such certificate, by the judge. certain cases. Rule 40 is amended by providing for the incapacity of the registrar. 6. After receiving notice of the petitioner's intention to apply Countermand for leave to withdraw, or of the respondent's intention not to of trial in oppose, or of the abatement of the petition by death, or of the happening of any of the events mentioned in the 38th 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. * Dated the 27th day of January, 1875. G. Pigott, George E. Honyman, Judges for the time being on the rota for the trial of * p. 533. c. 75. 42 & 43 Vict. 42 & 43 Vict. c. 75. An Act to amend and continue the Acts relating to Election Petitions, and to the prevention of Corrupt Practices at Parliamentary Elections. [15th August, 1879. Short title. Trial of election petition before two judges. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Parliamentary Elections and Corrupt Practices Act, 1879. 2. The trial of every election petition, and the hearing of an application for the withdrawal of an election petition shall be conducted before two judges instead of one, and the Parliamentary Elections Act, 1868, shall be construed as if for the purpose of hearing and determining the petition at the trial and of hearing and determining any application for the withdrawal of an election petition two judges were mentioned, and additional judges shall, if necessary, be placed on the rota accordingly. Every certificate and every report sent to the Speaker in pursuance of the said Act shall be under the hands of both judges, and if the judges differ as to whether the member whose return or election is complained of was duly returned or elected they shall certify that difference, and the member shall be deemed to be duly elected or returned; and if the judges determine that such member was not duly elected or returned, but differ as to the rest of the determination, they shall certify that difference, and the election shall be deemed to be void; and if the judges differ as to the subject of a report to the Speaker, they shall certify that difference and make no report on the subject on which they so differ. Save as aforesaid, any order, act, application, or thing for the purposes of the said Act may continue to be made or done by, to, or before one judge. The expenses incident to the sitting of two judges shall be defrayed as the expenses of one judge are payable under the provisions of the said Act. 44 & 45 Vict. 44 & 45 Vict. c. 68, ss. 13 & 14. Judicature Act, 1881. c. 68, ss. 13 & 14. Rota of Queen's Bench 13. The judges to be placed on the rota for the trial of election petitions in England in each year under the provisions of the Parliamentary Elections Act, 1868, or any Act amending the same, shall henceforth be selected out of the judges of the Queen's Bench Division of the High Court of Justice in such manner as may be provided by any Rules of Court to be made for that purpose and subject thereto, shall be selected as follows (that is to say) the judges of the Queen's Bench Division of the High Court shall, on or before the 4th day of November in c. 68, ss. 13 every year, select by a majority of votes three of the puisne 44 & 45 Vict. If in any case the judges of the said division present at the The choice of a judge to fill any occasional vacancy upon the This provision now takes the place of s. 11, subs. 2 & 3, of the Election 14. The jurisdiction of the High Court of Justice to decide Appeal from See note to this section, p. 163, ante. By s. 11 (16) (p. 527), the decision of the High Court on a special case was |