8.93(13)
8.93(5)(a).
Withdrawal of petition.
8.95
8.95(4)
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and the determination so certified shall be final to all
intents as to the matters at issue on the petition.
(2) A copy of the certificate of the Court shall be
transmitted to the Colonial Secretary and also to the clerk
of the Council.
(3)
The Court may of its own motion or at the request
of the Governor make a special report to the Governor as to
any matters arising in the course of the trial of an election
petition an account of which ought, in the judgment of the
Court, to be submitted to the Governor.
152. (1) A petitioner shall not withdraw an election
petition without the leave of the Court on special
application thereto and on such conditions as to public
notice or otherwise as the Court may think fit.
(2) On the hearing of the application any person who
might have been a petitioner in respect of the election may
apply to the Court to be substituted as a petitioner, and the
Court may, if it thinks fit, substitute him accordingly.
(3) If the proposed withdrawal is in the opinion of the
Court induced by any corrupt bargain or consideration, the
Court may by order direct that the security given on behalf
of the original petitioner shall remain as security for any
costs that may be incurred by the substituted petitioner,
and that to the extent of the sun named in the order, the
original petitioner (and his sureties, if any,) shall be
liable to pay the costs of the substituted petitioner.
(4) If the Court does not so direct, then security to
the same amount as would be required in the case of a new
petition, and subject to the like conditions, shall be given
on behalf of the substituted petitioner before he proceeds
with his petition and within such time as the Court may by
the order of substitution limit.
(5) Subject as aforesaid, a substituted petitioner shall,
as nearly as may be, stand in the same position and be subject
to the same liabilities as the original petitioner.
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