3rd Sched. (Part III)
order for the inspection or production of any such ballot
papers or the opening of the sealed packet of counterfoils.
118
(2) An order under this paragraph may be made subject
to such conditions as to persons, time, place and mode of inspection or production of ballot papers or of opening the sealed packet of counterfoils as the court may think expedient,
and may direct the clerk of the Council to retain the ballot
papers and the sealed packet of counterfoils intact for such
period as may be specified in the order.
(3) Any power given to the Supreme Court by this
paragraph may be exercised by a judge otherwise than in open
court.
(4) In making and carrying into affect an order under this
paragraph, care shall be taken that the way in which any
particular elector has voted shall not be disclosed, until it has been proved that he voted and his vote has been declared by a
competent court to be invalid.
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(5) No appeal shall be from any order of the Supreme Court
made under this paragraph.
42. Except by order of the Supreme Court made under the last preceding paragraph, no person shall be allowed to inspect
any ballot papers in the custody of the clerk of the Council or
to open any sealed packet of counterfoils.
43. There an order is made for the production by the clerk of the Council of any document in his possession relating to any specified election, the production by the clerk or his agent of the document ordered, in such manner as may be directed by the order, shall be conclusive evidence that the document so produced relates to the specified election, and any endorsement appearing
on any packet of ballot papers produced by the clerk or his agent shall be prima facie evidence of those papers being what they are
stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any
(21)