263
PUBLIC
RECORD OFFICE
Reference :-
PIC.O.882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
Form of
recognizance.
Deposit of
recognizance at Registrar's office.
Notice of petition, nature of security. and copy of peti- tion to be served on respondent.
Objection by respondent to a recognizance.
Hearing of objection.
Removal of
ubjection by deposit
of money.
Where objection not removed.
Costs of hearing objections.
When petition to
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16. The recognizance shall contain the name and usual place of abode of each surety, with such sufficient description as shall enable him to be found or ascertained, and may be as follows:-
Be it remembered that on the
day of
of our Lord One thousand Nine hundred and
of.
in the year before me
and.......
and acknowledged themselves jointly and severally to owe to Our Sovereign Lord the King the sum of Rupees
to be levied of their property, moveable
came..........
of..
and immoveable, to the use of our said Lord the King, His Heirs and Successors.
The condition of this recognizance is that if the said
or any
of them shall well and truly pay all costs, charges, and expenses în respect relating of the Election Petition signed by the said
to the said
Electorate, which shall become payable by the under the rules contained in the First Schedule
to The Ceylon (Legislative Council) Order in Council. 1925." to any person or persons, then this recognizance to be void, otherwise to stand in full force.
f
(Signed)
Taken and acknowledged by the above-named on the
19......, at
before me.
day of
Justice of the Peace.
17. The recognizance or recognizances shall be left at the office of the Registrar by or on behalf of the petitioner in like manner as before prescribed for the leaving of a petition forthwith after being acknowledged.
18. Notice of the presentation of a petition, and of the nature of the proposed security, accompanied by a copy of the petition, shall, within ten days of the presentation of the petition, be served by the petitioner on the respondent. Such service may be effected either by delivering it to the agent of the respondent or by posting it in a registered letter to the address given under rule 10 at such time that. in the ordinary course of post, it would be delivered within the time above mentioned, or, if no agent has been appointed, nor such address given, by a notice published in the Government Gazette stating that such petition has been presented, and that a copy of the same may be obtained by the respondent on application at the office of the Registrar.
19. It shall be lawful for the respondent, where the security is given wholly or partially by recognizance, within five days from the date of service of the notice of the petition and of the nature of the security, to object in writing to any such recognizance, on the ground that the suretics, or either of them, are insufficient, or that a surety is dead, or that he cannot be found or ascertained from the want of a sufficient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same.
20. Any objection made to the security shall be heard and decided by the Judge; and such hearing or decision may be either on affidavit or personal examination of witnesses, as the Judge may think fit.
21. If an objection to the security is allowed, it shall be lawful for the petitioner within five days to remove such objection by a deposit in the manner provided in rule 13 of such sum of money as may be deemed by the Judge to make the security ~ sufficient.
be deemed at issue,
List of petitions.
Time and place of
trial of election
petition.
22. If on objection made the security is decided to be insufficient, and such objection is not removed in manner in rule 21 mentioned, no further proceedings shall be had on the petition; and the respondent may apply to a Judge for an order directing the dismissal of the petition and for the payment of the respondent's
costa.
23. The costs of hearing and deciding the objections made to the security given shall be paid as ordered by the Judge, and in default of such order shall form part of the general costs of the petition.
24. On the expiration of the time limited for making objections or, after objection made on the sufficiency of the security being established, the petition shall be deemed to be at issue.
25. The Registrar shall make out the election petition list. In it he shall insert the name of the agents of the petitioners and respondent, and the addresses to which notices may be sent, if any. The list may be inspected at the office of the Registrar at any time during office hours, and shall be put up for that purpose upon a notice board appropriated to proceedings under the Order, and headed "The Ceylon (Legislative Council) Order in Council, 1925;"
26. The time and place of the trial of each election petition shall be fixed by the Judge, and not less than fourteen days' notice thereof shall be given to the petitioner and respondent by letter directed to the address left by such petitioner or
47
respondent with the Registrar; or, if no such address has been left, by notice in the Government Gazette.
27. The Judge may from time to time, by order made on the application of a Postponement of party to the petition, postpone the beginning of the trial to such day as he may trial. name; and such order, when made, shall forthwith be published by the Registrar in the Government Gazette.
28. No formal adjournment of the Court for the trial of an election petition Adjournment anul shall be necessary, but the trial is to be deemed adjourned, and may be continued continuation of from day to day until the inquiry is concluded; and in the event of the Judge who trial. begins the trial being disabled by illness or otherwise, it may be recommenced and concluded by another Judge.
29.-(1) An eletion petition shall not be withdrawn without the leave of the Withdrawal of
election petition. Judge; and such leave may be given upon such terms as to the payment of costs and otherwise as the Judge may think fit.
(2) Before leave for the withdrawal of an election petition is granted, there shall he produced affidavits by all the parties to the petition and their proctors, and by the election agents of all the said parties who were candidates at the election, but a Judge of the Supreme Court may on cause shown dispense with the affidavit of any particular person if it seems to the Judge on special grounds to be just so to do. (3) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into in relation to the withdrawal of the petition; but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit.
(4) The affidavits of the applicant and his proctor shall further state the ground on which the petition is sought to be withdrawn.
30.-(1) An application for leave to withdraw a petition shall be in writing Form of application
tion.
and signed by the petitioner or petitioners or his or their agent or agents. It shall to withdraw peti state the ground on which the application is supported.
(2) The following form shall be sufficient :---
“The Ceylon (Legislative Council) Order in Council, 1926."
Constituency of
(state name of petitioner) presented 19.......
Petition of
day of
The petitioner applies to withdraw his petition upon the following ground there state the ground), and prays that a day may be appointed for hearing his application.
Dated this
day of
Signed
19.......
(3) The application for leave to withdraw shall be left at the office of tlie Registrar.
31. A copy of such application shall be given by the petitioner to the respondent, Copy of application
respondent. and a notice in the following terms signed by the petitioner shall be published to be given to forthwith in the Government Gazette by the petitioner at his own expense :—
"The Ceylon (Legislative Council) Order in Council, 1926."
In the election petition for
.... is petitioner and
in which respondent. day Notice is hereby given that the above petitioner did on the of
lodge at the Office of the Registrar of the Supreme Court an application for leave to withdraw the petition, of which application the following is a copy :—–
(Set it out.)
And take notice that under "The Election (Legislative Council) Petition Rules, 1926," any person who might have been a petitioner in respect of the said election may, within five days after the date of publication of this notice, give notice in writing to the Registrar of the Supreme Court of his intention on the hearing of the application to be substituted as a petitioner.
(Signed)
substituted as petitioner.
32. Any person who might have been a petitioner in respect of the election to Application to be which the petition relates may, within five days after such notice is published by the petitioner, give notice in writing, signed by him or on his behalf, to the Registrar, of his intention to apply at the hearing to be substituted for the petitioner, but the want of such notice shall not defeat such application, if in fact made at the hearing.
tion.
33. The time and place of hearing the application shall be fixed-by the Judge Time and place of but shall not be less than a week after the application for leave to withdraw has been hearing of applica- left at the office of the Registrar as herein before provided, and notice of the time and place appointed for the hearing shall be given to such person or persons, if any, as
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