Evidence required for withdrawal of petition.
Application
To stay DI
dismiss
petition.
(3) The notice of motion shall state the grounds on which the application is made to withdraw or abandon or cease to prosecute the petition, and shall contain a statement to the effect that on the hearing of the application any person who might have been a petitioner in respect of the election or the Attorney General may apply to the Court to be substituted as a petitioner.
(4) The secretary shall, forthwith upon receipt of the notice under paragraph (2), cause it to be posted in a conspicuous place on or near the outer door of his office or in some conspicuous place on or near the outer door of the Council Chamber.
14. (1) Before leave to withdraw or abandon or cease to prosecute an election petition is granted, there shall be produced affidavits by all the parties to the petition and their solicitors (if any) and by the election agents (if any) of all the said parties who were candidates at the election. but the Court may on cause shown dispense with the affidavit of any particular person if it seems to the Court on special grounds to be just so to do.
(2) 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 withdrawing or abandoning or ceasing to prosecute the petition; but if any lawful agreement has been made with respect to withdrawing or abandoning or ceasing to prosecute the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.
(3) The affidavits of the applicant and his solicitor (if any) shall further state the ground on which the petition is sought to be withdrawn or abandoned or no longer prosecuted.
(4) Copies of the said affidavit shall be delivered to the Attorney General not less than seven days before the day appointed for the hearing of the application for leave to withdraw or abandon or cease to prosecute the petition, and the Court may hear the Attorney General or his representative in opposition to the application for leave to with. draw or abandon or cease to prosecute the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Attorney General or bis representative may consider material.
(5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.
15. (1) An application by a respondent to stay or dismiss a petition before the day fixed for the trial shall be made by motion to the Court at such time and place as the Court may appoint.
(2) Not less than seven days before the day so appointed the respondent shall serve notice of motion, stating the grounds thereof, on the petitioner, any other respondent, the Attorney General and the secre- tory, and shall lodge a copy with the Registrar.
16. Where the petition is abated by the death of a sole petitioner or Notice of the survivor of several petitioners, the solicitor acting for him in the abatement
of petition. proceedings at the date of his death or, if he had no such solicitor, any respondent learning of his death shall lodge notice thereof with the Registrar.
ctc. of
17. On the happening of any event mentioned in paragraph (a) Noufication of subsection (1) of section 42 of the Ordinance, the respondent con- of death, cerned or, in the case of the death of a respondent, the solicitor acting respondent. for him in the proceedings at the date of his death or, if he had no such solicitor, any petitioner learning of his death shall lodge notice thereof with the Registrar.
18. A party giving particulars in pursuance of an order or other- Flling wise shall file a copy within twenty-four hours after delivering the copy of particulars to the party requiring them.
particulars.
19. (1) A solicitor appointed to act for a respondent in proceed. Notification ings on a petition shall forthwith give notice of his appointment to the of respond. petitioner and lodge a copy of the notice with the Registrar.
(2) Subject to paragraph (2) of rule 6, any notice required to be served on a respondent to a petition may be served--
(a) by delivering it or sending it by post to any solicitor who has given notice under paragraph (1) that he is acting for the respondent; or
(b) if no such notice has been given, by delivering it to the respondent or by leaving it at. or sending it by post by a registered letter to his last known place of abode in the Colony, or, if the proceeding is before the Court, in such manner as the Court may direct.
(3) Subject to paragraph (2) of rule 6, any notice required to be served on the Attorney General or the secretary in proceedings on any petition may be served by delivering it or sending it by post to him.
ent's solicitor and service
of notices.
20. The reasonable expenses incurred by any person in appearing Witness'
to give evidence at the trial of a petition, equal to such sum of money expenses. as would be allowed to such person under section 34 of the Supreme Court Ordinance if he were a witness in any civil proceeding, may be (Cap. 4). allowed to him by a certificate of the Court or of the Registrar, and shall be deemed costs of the petition.
21. (1) All costs of and incidental to the presentation of a peti. Costs of iba and the proceedings consequent thereon, except such as are under petition. paragraph (2) otherwise provided for, shall be defrayed by the parties
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