TRIAL.

NOTICE OF of trial to the Treasury and to the Clerk of the Crown in Chancery. And the Clerk of the Crown is, on or before the day of the trial, to deliver to the registrar of the Election Court the poll books to be kept by him until the trial is over, and then returned to the Crown Office: rule 62. The latter part of this rule is obsolete (poll books having been abolished), unless the term "poll book," as used here, is to bear the extended meaning given to it in certain enactments by rule 38 of 35 & 36 Vict. c. 33.

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 38th section of 31 & 32 Vict. c. 125, if such notice be received after notice of trial has been given, and before the trial has commenced, the master is forthwith to countermand the notice of trial. The countermand is to be given in the same manner, as near as may be, as the notice of trial: rule 74.

COURT.

PETITIONS are to be tried as far as conveniently may ELECTION be in the order in which they stand in the list: 31 & 32 Vict. c. 125, s. 10.

If there be more than one petition against a candidate, they may be tried together: Yorkshire, 1 O'M. & H. 213; Poole, 2 O'M. & H. 123.

Two or more candidates may be made respondents to the same petition, and their cases may be tried at the same time, but the petition is deemed to be a separate petition against each respondent: 31 & 32 Vict. c. 125,

8. 22.

Where more petitions than one are presented relating to the same election or return, they are to be bracketed together in the list as one petition, but are, unless the High Court otherwise directs, to stand in the list in the place where the last of them would have stood if it had been the only petition: ibid. s. 23.

ELECTION
COURT.

No proceedings are to be defeated by any formal objection rule 60.

The trial is to be conducted before two puisne judges of the Queen's Bench Division of the High Court of Justice sitting in open Court without a jury, who are to be selected from the rota annually made up in accordance with the provisions of 31 & 32 Vict. c. 125, s. 11; 42 & 43 Vict. c. 75, s. 2; and 44 & 45 Vict. c. 68, s. 13.

The Court thus constituted has, subject to the provisions of 31 & 32 Vict. c. 125, the same powers, jurisdiction and authority at the trial as a judge of one of the superior Courts, and as a judge of assize and nisi prius, and is a Court of record: ibid. s. 29.

The title of the Court is, "Court for the trial of an election petition for the county (or borough) of between- petitioner, and respondent," and all proceedings in it may be so entitled: rule 38.

A registrar is appointed for each Election Court, who performs all the functions incident to the officer of a Court of record: rule 39. The proceedings are commenced by his administering the oath to the shorthand writer, and reading the petition. He is to produce all orders, &c., which have been filed with the master: rule 69. His certificate of witnesses' expenses is not conclusive between parties, but may be reviewed by the master on taxation: McLaren v. Home, 7 Q. B. D. 477; 50 L. J., Q. B. 658.

The shorthand writer of the House of Commons or his deputy is to attend and to take down the evidence given at the trial, and from time to time to write or cause the same to be written at length, and a copy of such evidence is to accompany the certificate made by the judges to the Speaker; and the expenses of the shorthand writer are to be deemed to be part of the expenses incurred in receiving the judges: 31 & 32 Vict. c. 125, s. 24.

The trial is to be held in the county or borough to which the petition relates, unless otherwise ordered, at such place and time as have been fixed: see ante, p. 210.

MENT OF
TRIAL.

The trial may be postponed from time to time by a ADJOURNjudge, who is to send notice of postponement to such day as he may name to the returning officer, who is forthwith to publish the same: rule 34.

A judge may also order a postponement on the application of either party to the petition: ibid.

arrival of

Rule 35 provides that in the event of the judge not By nonhaving arrived at the time appointed for the trial, or to judges. which the trial is postponed, the commencement of the trial shall ipso facto stand adjourned to the ensuing day, and so on from day to day. Now that two judges are necessary to form an Election Court, the absence of either would, it seems, cause an ipso facto adjournment under this rule.

After com

mencement

During the trial no formal adjournment is necessary, but the trial is to be deemed adjourned, and may be of trial. continued from day to day until the inquiry is concluded (rule 36); but the judges may, if they think fit, adjourn the trial after its commencement from time to time, and from place to place, within the county or borough: 31 & 32 Vict. c. 125, s. 11 (12). And section 42 of the 46 & 47 Vict. c. 51, provides that the trial of every petition, so far as is practicable consistently with the interests of justice in respect of such trial, shall be continued de die in diem on every lawful day until its conclusion, and in case the rota of judges for the year shall expire before the conclusion of the trial, or of all the proceedings in relation or incidental to the petition, the authority of the said judges shall continue for the purpose of the trial and proceedings. Rule 36 also provides that in the event of the judge Death or who begins the trial being disabled by illness or otherwise, it may be re-commenced, and concluded by another judge.

No provision has been made for the contingency of one of the two judges now necessary to form an Election Court becoming disabled during the trial, beyond the power to fill the vacancy caused by the inability of a judge to act given by 31 & 32 Vict. c. 125, s. 11 (5);

illness of

judge at.

ADJOURN

MENT OF

TRIAL.

PROCEDURE
AT.

Director

of Public Prosecutions to attend.

and it is presumed that the death or prolonged illness of one judge would necessitate a re-commencement of the trial.

The practice and procedure at the trial of an election petition, where not regulated by the provisions of 31 & 32 Vict. c. 125; 42 & 43 Vict. c. 75; and 46 & 47 Vict. c. 51, or the rules made under the first-mentioned Act (a), are to be governed, as far as may be, by the principles, practice, and rules on which Committees of the House of Commons have acted in dealing with election petitions: 31 & 32 Vict. c. 125, s. 26.

The Director of Public Prosecutions (now the Solicitor to the Treasury, 47 & 48 Vict. c. 58, s. 2) must attend the trial either by himself or by his assistant or by his representative (who must be a barrister or solicitor of not less than ten years' standing, and whose nomination must be approved by the Attorney-General), and it is the duty of such director to obey any directions given him by the Election Court with respect to the summoning and examination of witnesses, and the prosecution by him of offenders, and with respect to any person to whom notice is given to attend with a view to report him as guilty of any corrupt or illegal practice: 46 & 47 Vict. c. 51, s. 43 (1), (7).

In Hexham (Day's El. Cas. 24), the representative was directed to call witnesses, and drew the attention of the Court to the fact of his having no solicitor or agent to assist him. Thereupon an agent was appointed by the Public Prosecutor, as also in the subsequent cases of Worcester, Rochester, and Montgomery. The Act makes no provision for such an appointment.

It is the duty of the Director of Public Prosecutions, without any direction from the Election Court, to cause any person, whose evidence appears to him to be

(a) No rules have been made under 46 & 47 Vict. c. 51, s. 56 (2). 42 & 43 Vict. c. 75 merely provides for the trial of election petitions by two judges.