CrHM Microfiche Series (l\/lonographs) ICIVIH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductions / Institut Canadian de mccroreproductions historcq ues '^QQA I ± u Htbu 1.8 1.4 1.6 ^ /APPLIED IN/l/IGE ir ~^ 1653 East Moin Street ■S Rochester. New ", ork 14609 USA S (716) 482 - 030 J - Phonu S (716) 288- 5989 Fax f • -t. L , Di: I - NATioin^al l:: ADA GENERAL RUJ.ES OP THE ELECTION COURT FOB THE PROVINCE OF NEW BRUNSWICK, Made under and by virtue of the Act of the Dominion of Canada passed in the 36th year of Her Majesty's Reign, Cap. 28 j being " The Con- troverted Elections Act, 1873." The presentation of an Election Petition shall be made by leavin- it at he office of the Clerk of the Election Court. With the Pctitbu shall also be left a copy thereof for the said Clerk of the Election Court to send to the Returning Officer, pursuant to Section 11 of tho II. An Election Petition shall contain the following statements :- ^ L The right of the Petitioner to petition within Section 10 of tho 2, The holding and result of the Election. 3. A brief statement of the facts and grounds relied on to sustain the prayer. »ow«u It shall conclude with a prayer; as for instance-that some specified person should be declared duly returned or elected ; or, that the Elec- tion should be declared void ; or, that a return may be enforced, (as the case may be). ' ^ III. The Petition shall be signed by all the petitioners, and shall be divided into paragraphs, each of which, as nearly as may be, shall bo confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and no costs shall be allowed for drawing. - --x-.;-n -V ' • .K-", uuL Biiuacantiaiiy in cumpiiance with this Kale unless otherwise ordered by tho Court, or one of the Election Judges. ' TKo following form of Pfifw; «»-;/ C.„„„o„, f„ c„„, „, DoMiNioi, OP Canada ^ o.,. , *• "• Province of New CZ^ick. P:/'"""™ <" A. of , , '• Tour Petitions A i« . „ , . ovo Eieo«o.f Co, J,: xirr.''"'^ """""-^ '»' '»^«ur: f P, were oandidat», and th« n / • ' *'■«'' A B C D .„j "■'i-e duly elccw. '° ""'""""S OBoor h., ro.arnLd A b J 8. And your Potitionem m .l,., rj Who f""*'""'" "*J " "'^'"" '""''^°'""'' °» •aM A°B Z roM^fird?" """ ■' '^y ">= ""emined .hn. .. '"'urned ; „., „, „„ ,„.„ „„^™ ""'^ «'"*. -• (or of of ofB, of ) whoso names are' ^'^ one, sa}/~. Your 'fied to vote at the returned or elected "e Election, aa^Ae m holden on the '" A «, C D, and returned A B as ^ and grounds on "•mined that the he Election was ht to have been A. B. 'ourt, or one of ije necessary to "8 a fair and gs in the Su- 'ise as may be ful candidate, complaining *ch, six days the Election titioner and ed to be ob- •te; and the 'e copies of 1 be given 3 against the validity of any vote, nor upon any head of objection not specifled in the list, except by leave of the Court or one of the Election Judges, upon such terms as to aniondmcnt of tlio list, postponement of the enquiry, and payment of costs or otherwise, as may bo ordered. VII. When the Respondent in a Petition under the Act, complaining of an undue return, and claiming the seat for some person, intends to give evidence to prove that the Election of such person was undue, pursuant to the 54th Section of the Act, such Respondent shall, six days before the day appointed for trial, deliver to the Clerk of the Election Court, 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 Clerk of the Election Court shall allow inspection and oihco 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 Court or one of the Election Judges, upon such terms as to amendment of the list, postpoaemeat of the in- quiry, and payment of costs as may bo ordered. VIII. With the Petition, the Petitioners shall leave at the oflSco of the Clerk of the Election Court, a writing, signed by them or on their behalf, giving the name of some person entitled to practise as an Attorney, or whom they authorize to act as their Agent, or stating that they act for themselves, as the case may be ; and in either case giving an address, within the City of Fredericton or Saint John, at which notices addressed to 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 the pro(!eedings may be given by posting up the same at the office of the Clerk of the Election Court. IX. Any person returned as a Member may, at any time after he is re- turned, send or leave at the office of the Clerk of • Election Court, a writing signed by him or on his behalf, appointing a person entitled to practise as an Attorney, 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 witliin the City of Fredericton or Saint John, at which notices may be left ; and in default of such writing be- ing left within a week after service of the petition, notiees and proceed- ings may be given and served respectively, by posting up the same at the office of the Clerk of the Election Court. The Clerk of the Election Court shall keep a book or books at his oFce, in which he shall keep a record of all the proceedings of th@ said -''a" bo open to innpection by any nt '^ T "' ^^''^'' •' '^'"'^•h books P«jn,ent of any fee. ^ ""^ P"""" during office hours, withoufc the Iet.t.o„er's Agent, if a„3.. aid "f L ! n °'"."' "'"^ '^' "«'«• of enbed; and aI«o the nan,e of th R.! IV'' "T ''""^' ^''^^ ^ P- 'f^ «"y. .C'.ven a« prescribed ; and the Tr ' ^^'''' ^"*^ '^^ "^drL Pubhsh those particulars a o. . wi b t I"";"" ''^''^•- ''''''" ^-^bw h inafter prescribed. ° ""''^ '^^ P^^'^'on, in the manner heie- -Tho cost of publication of th',. a published by the Keturni .'oitV: a^^ '''Z T''' '^^"'-^ *« be person moving i„ the mutter undThaM f ^""^ ^^ '^' ^°"'ioner or the petition. ''^' ""'^ «^"" ^^rm part of the general costs of d'lj of presentation. ^' "'"" *»" ^^^ ^ays, exclusive of the V posting i, i„ . J„,^j I°,rj,„ ,^ ■'f l""-^ "f '■' "o ">« «goot or prescribed time. '^^'' " """M bo delivered withir the onerih^^ySntt::-:- ^^ - ^^-espondent, . ., five days after the petitfon'irp ^"1? Zf''' '''-' -' '^^er tba: been done, shall be satisfied that lu rot' Jf ''* '^''''"^ ^^^t baa effect personal service and eau th CuT^' '^"^ ^'^ ^^-^ ™«.„n u- / °5^'^' ^'^e prayer and the nnf.,,. .*.,.^ -dered by one of^tl^ E,e;n:i^:r"'"' *° ^^^^^^^ -^-^if - All for pa pursui Court Moi for 8e( or oth Court Sue ply, ai oientl) requin Upo Clerk ( The ledged or the the CI which nizance one or ml- - J.UU eacb SI found ; ■aJ, or stihatitutlon, and s in each case to bo names and addresses | ' «»le8 ; which books I ; oilico hours, without >resentationofapeti. eturning Officer pur. 1 th Ht^nd the name of f ^any, ffiven as pre- | 3nt, and the address •cor shall forthwith n the manner here- '"er required to be the Petitioner or he general costs of petition, and of , exclusive of the 1 an address, the ■ to the agent, or ', at such a time ored withir the pondent, u. "^qg 1, not later than wing what has s been made to e knowledge of that what has to such Condi- s place in the tition having .. ... ^mj service, if go XV. The deposit of money by way of security for payment of costs, charges and oxpcnaes payable by the IV'titioncr, shall bo iniido by payment to the Clerk of the KIcction Court; who ^bnll keep a book, open to the in- spection of all parties conccriiod, without payment of any fee, in which shall bo entered from time to time, the amount deposited, and the Po- titioL. ^0 which it is applicable. xvr. All claims at Law or in Equity to money deposited or to bo deposited for payment of costs, charges and expenses piyable by the Petitioners pursuant to the said 15th rule, shall be disposed of by the Election Court, or one of the Election Judges. XVII. Money go 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 Election Court or order of one of the Election Judges. xviir. Such rule or order may be made after such notice of intention to ap- ply, and proof that all just claims have been satisfied or otherwise suffi- ciently provided for, as the Court or one of the Election Judges may require. XTX. The rule or order may direct payment either to the party who do- positod tho same, or to any person entitled to receive the same. XX. Upon such rule or order being made, the amount may be paid by the Clerk of the Election Court. XXL Tho recognizance entered into as security for costs, may be acknow- ledged before one of the Eieetion Judges, or any County Court Judge, or the Clerk of the Election Court, or before tho Judge of Probates, the Clerk of the Peace, or the Registrar of Deeds for tho County in which the Election complained of was hold There may be one recog- nizance acknowledged by all the sureties, or separate recognizances by one or more, (not exceeding four), as may be convenient. XXIL iiiC fccogaizaucc Buull contain tho name and usual placo of abode of each surety, with such sufficient description as will enable him to be found ; and may be ^s follows : — 6 In the Election Court. Dominion of Canada, ^ Be it remembered that on the Province of New Brunswick, |-day of in the year of our Lord To wit:) 18 , before me {name and dcscrip' tiori) came A B of {name and description as above directed), C D of, &c. (name and description as above) and severally acknowledged them- selves to owe to our Sovereign Lady the Queen the sum of one thousand dollars, to be levied on their respective goods and chattels, lands and tenements, to the use of our Sovereign Lady the Queen, her heirs and successors. [If separate recognizances are entered into, the form to be varied as follows : — " Came A B .>f, &c., and acknowledged himself to owe to our Sovereign Lady the Queen the sum of dollars, to be levied on his goods and chattels, &c.] The condition of this recognizance is, that if {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 Elect".on Petition signed by him {or ♦hem) relating to the election of a Member for the House of Commons for {insert the name of the County or City) which shall become payable by the Petitioner {or, Petitioners, or any of them) under " The Controverted Elections Act, 1873," to any person or persons j then this recognizance to be void, otherwise to stand in full force. {Signatures of sureties.) Taken and acknowledged by the above named {names of Sureties), at on the day of 18 , before me Judge of the Election Court {or, as the case may be). XXIII. The recognizance or recognizances shall be filed in the office of the Clerk of the Election Court by or on behalf of the Petitioner, forthwith after being acknowledged. XYIV. An objection to the recogni unce must state the ground or grounds thereof : as, that the sureties, or any, and which of them, are insuffi- cient j or that a surety is dead ; or that he cannot be found ; or that a person named in the recognizance has not duly acknowledged the same. XXV. An objection made to the security shall be heard and decided by the Clerk of the Election Court, subject to appeal within five days to one of the Election Judges, upon summons taken out by either party, to declare the security sufficient or insufficient. XXVI. Such hearing and decision may be either upon affidavit or personal given. t on the of our Lord and descrip' ted), C D of, rledged them- ' one thousand )ls, lands and her heirs and he form to he ;ed himself to dollars, to be ; names of all them") shall ispect of the s election of a of the County ', Petitioners, ct, 1873," to , otherwise to ureties.) of Sureties) y e may he). office of the ler, forthwith d or grounds a, are insuffi- d ; or that a ;ed the same. jcided by the days to one ber party, to t or personal examination of witnesses, or both, as the Clerk of the Election Court or Judge may think fit. xxvir. If by order n^^ade upon such summons, the security be declared suffi- cient, its sufficiency shall be deemed to be -established within the mean- ing of the 13th section of the said Act, and the Petition sl>all be at issue. xxviir. If by order made on such summons an objection be allowed, and the security be declared insufficient, the Clerk of the Election Court or one of the Election Judges shall, in such order, state what amount he deems I requisite to make the security sufficient ; and the further prescribed time to remove the objection by deposit shall be within five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed. XXIX. The costs of hearing and deciding the objections mad the security given, shall be paid as ordered by the Clerk of the Electiu.i Court or one of the Election Judges ; and in default of such order, shall form part of the general costs of the Petition. XXX. The costs of healing and deciding an objection upon the grounds of insufficien?v of a surety or sureties, shall be paid by the Petitioner, and a clause to that effect shall be inserted in the order declaring its suffi- ciency or insufficiency, unless at the time of leaving the recognizance with the"; Clerk of the Election Court, there be also left with him an affidavit of the sufficiency of the surety or sureties, sworn by each surety before a Commissioner authorized to take affidavits in the Supreme Court, or before a Justice of the Peace, (which affidavit such Commissi- oner or Justice of the Peace is hereby authorized to take,) that he is seized or possessed of real or personal estate, or both, above what will satisfy his debts, of the clear value of the sum for which ho is bound by his recognizance : which affidavit may be as follows : — In the Election Court. " The Controverted Elections Act 1873." I, A B, of (as in recognizance) make oath and say, that I am feized and possessed of real (or personal, or real and personal) estate, above what will satisfy my debts, of the clear value of % Sworn, &c. XXXI. The order of the Clerk of the Election Court for payment of costs, shall have ihe same force as "n order made by one of the Election 8 Judges, and may be made a rule of the Election Court, and enforced in like manner as a Judge's order. XXXII. The Clerk of the Election Court shall make out the Election-list. In it he shall insert the names of the Agents of the Petitioner and Re- spondent, and the addresses to which notices may be sent, if any. The list may be inspected at the office of the Clerk of the Election Court at any time during office hours ; and shall be put up for that purpose upon a notice board appropriated to proceedings under the said Act, and headed " Controverted Elections Act 1873." XXXIII. The time and place of the trial of each Election Petition shall be fixed by the Election Court, and notice thereof shall be given in writing by the Clerk of the Election Court, by affixing the same upon the Notice board in his office ; sending one copy by the 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 Sheriff, fifteen days before the day appointed for the trial. The Sheriff shall forthwith publish the same in the County, or City and County. XXXIV. The affixing of the notice of trial at the office of the Clerk of the Election Court 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. XXXV. The notice of trial may be in the following form :— In the Election Court. *' The Controverted Elections Act 1873." Election Petition of (name the County). 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 By order. (Signed) A. B. Clerk of the Election Court. XXXVI. Notice of the time and place of the trial of each Election Petition shall be transmitted by the Clerk of the Election Court to the Clerk of the Ppace of the County, or City and County, or Electoral District, for which the election complained of shall have been held ; and the said Clerk of the Peace shall forthwith deliver, or cause to be delivered to alf , ind enforced in lection-list. In ioner and Ee- t, if any. The action Court at t purpose upon said Act, and n shall be fixed in writing by pon the Notice : address given Respondent, if before the day )lish the same e Clerk of the the prescribed ce shall not be r copies thereof that the above day of , A. B. Election Court. ection Petition to the Clerk of ral District, for . ; and the said 3c delivered to the Registrar of the Judge who is to f- '.e Petition, or his Deputy, the Poll Books and Check lists used at ? ^ilection to which the Peti- tion relates, and filed with such Clerk oi iho Peace; for which the Re- gistrar or his Deputy shall give, if required, a receipt ; and th" llcgis- trar or his Deputy shall keep the said Poll books and Check lists ia safe custody until the conclusion of the trial, and then return the same to the said Clerk of the Peace. XXXVII. The Election Court 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 Court may direct to be sent to the Sheriff, postpone the commencement of the trial to such day as may be named ; and such notice when re- ceived, shall be forthwith made public by the Sheriff. XXXVIII. In the event of the Judge not having arrived at the time appointed for the trial, or to which the trial is postponed, tho commencement of the trial shall, ipso facto, stand adjourned to the ensuing day, and so from day to day until the arrival of the Judge. XXXIX. No formal adjournment of the Court for the trial of an Election Pe- tition shall be necessary, but the trial is to be deemed adjourned, and may be continued from day to day until the enquiry is concluded j and in the event of the Judge who begins the trial being disabled by illness or otherwise, it may be recommenced and concluded by any other of the Election Judges. XL. All aflidavits and papers in any matter in the Election Court, or in «ny Court for th« trial of an Election Petition, may be eo titled as fol- lows : — In the Election Court por the Province of New Brunswick. •• ? he Controverted Elections Act 1873." Election Petition for the County of Between A. B, Iname of all PetUionera^ Petitioner, and C. D. Respondeat. * XLI. An officer shall be appointed for each Court for the trial of an Elec- tion Petition, who shall attend at the trial, in like manner aa the Clerks of the Circuit Courts attend at such Courts. Such officer shall be called the Registrar of that Court. He, by him» .-.., .,.,,,....1-111. i.-cpuLj,-, Buaji poriOita ail Cue iuuuiious inoident to the officer of a Court of Record, and also such other duties aa may be prescribed to him. He shall keep a book, in which shall be euter^4 10 f the proceedings ,f each trial, in like manner as on trials at Circmts, and on the conclusion of the trial shall send such book, together with any papers or documents filed with him during the trial, to the Clerk of the Election Court. XLII. The reasonable costs of any witness shall be ascertained by the Regis- trar of the Court, and the certificate allowing them shall be under his hand. XLIIL The order of a Judge to compel the attendance of a person aa a wit- ness, may be in the following form : — Court for the trial of an Election Petition for Icompkte the title of the Court.'] To A. B. liiescribe the person], you are hereby required to attend before the above Court at Iplace], on the day of at the hour of (or forthwith, as the ease may he), 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 this day of A. D. 18 . a! b., ' Judge of the said Court. XLIV. In order to the commitment of any person for contempt, the Warrant may be as follows : — At a Court holden on at for the trial of an Election Pe- tion for the (here name the County, &c.), before the Honorable one of the Election Judges, pursuant to the " Controverted Elections Act 1873." Whereas A. B. has this day been guilty, and i. by the said Court adiudged to be guilty of a contempt thereof. The said Court does therefore, sentence the said A. B. for his said contempt to be impris' oned in the Gaol for , and to pay to our Lady the Queen a line oi $ , and to be further imprisoned in the said Gaol until the same fine be paid. And the Court further orders that the Sheriff of the said County {or as the ease may he), and all Constables and Offi- cers of the Peace of any County or place where the said A. B may be found, shall take the said A. B. into custody, and convey him to the said Gaol, and there deliver him into custody of the Gaoler thereof to undergo his said sentence. And the Court further orders the said Gaoler to receive the said A. B. into his custody, and that he shall be detained in the said Gaol in pursuance of the said . ■ ^tence Given under iny hand and rs.i! +1}-- uay 01 A. D. 1'6 . [L.S.] {To he signed by the Judge.) ials at Circnits, k, together with ■ial, to the Clerk ed by the Regis- all be nnder his person as a wit- ■plete the title of uired to attend of , at examined as a \ the said Court D. 18 . A. B., the said Court. )t, the Warrant in Election Pe- lorable erted Elections he said Court lid Court does, t to be impris- ady the Queen said Gaol until bat the SheriflF ables and Offi- &■• B. may be rej him to the •ler thereof to ders the said it he shall be ce. A. D. 18 . [L. S.] iy the Judge.) 11 XLV. Such Warrant may be made out and directed to the Sheriff or other person having the execution of process of the Supreme Court, as the case may be, and to all Constables and Officers of the Peace of the County or place where the person adjudged guilty of contempt may be found ; and such Warrant shall be sufficient without further particular- ity, and shall and may be executed by the persons to whom it is di- rected, or any or either of them. xLvr. All Interlocutory questions and matters, except as to the sufficiency of the security, shall be heard and disposed of before any one of the Election Judges, who shall have the same control over the proceedings under "The Controverted Elections Act 1873," as a Judge at Cham- bers in the ordinary proceedings of the Supreme Court ; and such ques- tions and matters may be heard and disposed of by any one of the Election Judges. XLVIL 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 tha ground on which the application is intended to be supported. The following form shall be sufficient : — In the Election Court. " The Controverted Elections^Act 1873," Iname the County']. Petition of {state Petitioners), presented day of The Petitioner proposes to apply to withdraw his Petition upon the following ground {here state the ground), and prays that a day may bo appointed for hearing his application. Dated this day of (Signed) XLVIII. The notice of application for leave to withdraw, shall be left at the office of the Clerk of the Election Court. XLIX, A copy of such notice of tha intention of the I'etitioner to apply for leave to withdraw his Petition shall be given by the Petitioner to the Respondent, and to the Returning Officer, who shall make it public in the County, or City and County, or Electoral District, to which it re- lates ; and it shall be forthwith published by the Petitioner in the manner hereinafter prescribed. The following may be the form of such notice : — 12 In the Election Court. «« The Controverted Elections Act 1873." In the Election Petition for in ^bich \^'%'Z^;;^, Respondent: Notice is hereby given that t^«/J«^'^, ^f ^".^^ 1, n fhp day of lodged at the office of the Clerk of the ;;:2 'court, nottcVlf an application to withdraw the Petition of whTch notice tie following is a copy ^set it mt). And take notice that L he rule made by the Judges, any person who mjght have been a Petitioner in respect of the said Election, may, within five days after publication by the Returning Officer of this notice, give notice ,n wn- Tng of bis intention to apply on the hearing for leave to bo substituted as a Petitioner. ^^.^^^^^ Any person who might have been a Petitioner in respect of the Eloc tion to which the Petition relates, may within five days after such no- tice is published by the Returning Officer, give notice in writing signed bv hfm or on his behalf, to the Clerk of the Election Court, oi his in- t e'ntio" to apply at the hearing to be substituted for t^lie Petitioner ; bu the want of such notice sliall not defeat such application, if m fact made at the hearing. LI. The time and place for hearing thS application shall be fi.ed by the Election Court, or by one of the Election Judges, and whether before the said Couri or before a Judge, as may be deemed advisable : but hall not be less than a week after the notice of the intention to apply has been .iven to the Clerk of the Ek:tion Court as hereinbefore pro- vided : an^d 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 Clerk of the Election Court of an intention to apply to be substi- tuted as Petitioners, and otherwise in such manner and at such time as the said Court or Judge directs. LIL Notice of abatement of a Petition, by death of the Petitioner or sur- viving Petitioner, under Section 44 of the said Act, shal be «iven by the party or person interested, in the same manner as notice of an ap- plication to withdraw a Petition ; and the time within which applica- tion a ay be made to the Court or one of the Election Judges, by mo- tion or summons of a Judge, to be substituted as a Petitioner, shall be one calendar moiilli, or such lurtucr time as, upon -c j special circurasUnces, the Court or Judge may allow. 13 sner and etitioner k of the 4tion, of tice that, B been a lays after e in wri- ibstitutcd the Eloc- such no- [)g, signed of his in- oncrj but if in fact jed by the ,her before sable : but )n to apply before pro- jaring shall a notice to ) be substi- ich time as oner or sur- be yiven by ce of an ap- ich applica- jes, by mo- aer, shall be ntinn of any LIII. If the Respondent dies, or is summoned to Tarliamcnt as a 3Icmber of the Senate, or if the House of Commons have resolved that his seat is vacant, any person entitled to be a Tetitioncr under the Act, in re- spect of the Election to which the Petition relates, may give notice of the fact in the County, or City and County, or Electoral District, by causing such notice to be published in at least one newspaper published therein, if any, and by leaving a copy of such notice signed by him, or on his behalf, with the Returning Officer, and a like copy with the Clerk of the Election Court. LIV. Th** manner and time of the Respondent giving notice to the Elec- tion Court that he does not intend to oppose the Petition, shall be by delivering notice thereof, in writing, at the office of the Clerk of the Election Court, signed by the Respondent, six days before the day ap- pointed for trial, exclusive of the day of leaving such notice. LV. Upon such notice being left at the office of the Clerk of the Election Court, he shall forthwith notify the Judge assigned to try the Petition and also send a copy thereof by the post to the Petitioner or his agent) and to the Sheriff, who shall cause the same to be published in° the County, City and County, or Electoral District. LVI. The time for applying to bo admitted as a Respondent in either of the events mentioned in the 45th Section of the Ac„, shall be within ten days after such notice is given as hereinbefore directed ; or such further time as the Court or one of the Election Judges may allow. LVII. Costs shall be taxed by the Clerk of the Election Court, or by his Deputy specially appointed, upon the rule of Court or Judge's order by which the costs are payable ; and costs when taxed may be recovered by attachment or execution issued upon the rule of Court ordering them to be paid. If payable by order of a Judge, then by making such order a rtile of Court in the ordinary way, and issuing an attachment or exe- cution upon such rule, against the person by whom the costs are ordered to be paid, or against his goods and chattels ; or in case there be money in Court available for the purpose, then, to the extent of such money, by order of the Election Court or of one of the Election Judges. Tue office fees payable for inspection, office copies, enrolment and other proceedings under the Act, and these rules, shall be the same as those payable for like pro^'ecdings according to the practice of the Su- preme Court. / 14 LVIII. At the time appointed for the trial of any Election Petition, the Pe- titioner ehall leave with the Registrar, for the use of the Judge at the trial, fairly written on one side of the paper only, a copy of the Petition and of all the proceedings thereon, which show the several matters to be tried — including the particulars of objections on either side; the correctness of which copy, in so far as the proceedings are filed with the Clerk of the Election Court, shall bo certified by the said Clerk. The Judge may allow amendment of the said copy ; or, in default of such copy being delivered, the Judge may refuse to try the Petition, or may allow a further time for delivery of the copy, or may adjourn the trial — in every case upon such terms, as to costs and otherwise, as the Judge ehvill eee fit to impose. LIX. Writs of Subpoena ad testificandum and duces tecum under the seal of the Election Court, for the attendance of witnesses before the Elec- tion Court, or before the Court for the trial of any Election Petition, may be issued at any time by the Clerk of the Election Court : which Writs may be in the following form : — In the Election Court. Dominion of Canada. Province of New Brunswick. To-wit : To ! Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. We command you that, all excuses being laid aside, you and every of you be and appear before our Election Judge, assigned to try the Election Petition for (name the County), at , in the County of , on , the day of , 187 , by o'clock, in the noon of the same day, and so from day to day until the said Election Petition shall be tried, or otherwise disposed of; to testify all and singular you or either of you know in the matter of the said Election Petition, depending in our Election Court at Fredericton, wherein is (or are) Petitioner, and is (or are) Respondent, on the part of the , and at the Court for the trial of the said Election Petition for (iiame the County'), at aforesaid, to be tried by our said Election Judge ; [ In case of a suhpoeiia duces tecum, add : And also that jou bring with you and produce at the time and place aforesaid, {describing what is to be produced in the ordinary way) ] [Tf the subpoena is to attend he/ore Election Court : — Before our said Election Court for the Province of New Brunswick, at Fredericton, on the day of 1S7 , by o'clock in the noon of the &aUie day, Xu lubliiy all aud ulugulur thuije ihiugs which you or you shall by no mel om U td ":,"-^""^T'J' "»" ^ this you or any of hundred pounds ' ""^'^ '^' P^"'''*^ "P«" ««ch of you of one Witness the Honorable rMe j./.n,«^ /;-/ ,• y , of our Kiecion co„r., a. £::::i^:"°" -""t^'r °' "w°''" (Signed) ^ 3 ' CVerA 0/the Election Court. LX. Publication of anv PpfUinn »^„ «ewvaperp„blirtedi„.„ohOouot/ifa„7 ^ "o "«.e once in a LXII. LXIII. I!lec.i„„'co«r """°""°8 P"' "P i° *o offloe of*. Clerk ont, (Signed) Predericton, 18th February, 1874. WM. J. RITCHIE, C. J. JOHN C. ALLEN, J J. W. WELDON, J. A. R. WETMORE, J.