CO885-11 — Page 271

263

PUBLIC

།།།།།

RECORD OFFICE

19

Reference :--

C.O.882/11

| PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Substitution of another petitioner.

Abatement of petition by death.

Application to be substituted as petitioner.

On death, resigna.

tion, or notice not

to oppose of respond.

shall have given notice to the Registrar of an intention to apply to be substituted as petitioners, and otherwise in such manner and such time as the Judge directs.

34.-(1) On the hearing of the application for withdrawal any person who might have been a petitioner in respect of the election to which the petition relates, may apply to the judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition.

(2) The Judge may, if it or he thinks fit, substitute as a petitioner any such applicant as aforesaid; and may further, if the proposed withdrawal is in the opinion of the Judge induced by any corrupt bargain or consideration, 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 sum named in such security the original petitioner shall be liable to pay the costs of the substituted petitioner.

(3) If no such order is made with respect to the security given on behalf of the original petitioner, 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 three days after the order of substitution.

(4) Subject as aforesaid a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original petitioner.

(5) If a petitioner is withdrawn, the petitioner shall be liable to pay the costs of the respondent.

(6) Where there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners.

35.-(1) An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

(2) The abatement of a petition shall not affect the liability of the petitioner

or of any other person to the payment of costs previously incurred.

די

36. (1) Notice of abatement of a petition, by death of the petitioner or surviving petitioner, shall be given by the party or person interested in the same manner as notice of an application to withdraw a petition, and the time within which application may be made to a Judge to be substituted as a petitioner shall be one calendar month, or such further time as upon consideration of any special circumstances the Judge may allow.

(2) Any person who might have been a petitioner in respect of the election to which the petition relates may apply to the Judge to be substituted as a petitioner. (3) The Judge may, if he thinks fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new petition.

37.-(1) If before the trial of an election petition a respondent dics or resigns, or gives notice in writing to the Court that he does not intend to oppose the

ent, the petition to petition, the petition shall not be abated but shall continue whether or not any

person applies to be admitted as respondent as hereinafter provided.

continue.

Respondent not

opposing petition not to appear da party,

(2) Notice of the fact that a respondent has died, or resigned, or that he has given notice in writing that he does not intend to oppose the petition, shall be published in the Government Gazette by the Registrar.

(3) Any person who might have been a petitioner in respect of the election to which the petition relates may apply to the Judge to be admitted as a respondent to oppose the petition within ten days after such notice has been published in the Government Gazette or such further time as the Judge may allow.

(4) The manner and time of the respondent's giving notice to the Court that

* he does not intend to oppose the petition, shall be by leaving notice thereof in writing

Countermanding notice of trial where petition abated, &c.

Costs.

at the office of the Registrar, signed by the respondent, six days before the day appointed for trial, exclusive of the day of leaving such notice.

38. A respondent who has given notice of his intention not to oppose a petition shall not be allowed to appear or act as a party against such petition in any proceedings thereon.

39. After receiving the petitioner's application for leave to withdraw, or notice of the respondent's intention not to oppose, or of the abatement of the petition by death, or of the happening of any of the events mentioned in rule 38, if such notice be received after notice of trial shall have been given, and before the trial has commenced, the Registrar shall forthwith countermand the notice of trial. The countermand shall be given in the same manner, as near as may be, as the notice of trial.

40. All costs of and incidental to the presentation of a petition and to the proceedings consequent thereon shall be defrayed by the parties to the petition in such manner and in such proportions as the Judge may determine, regard being had to the disallowance of any costs which may, in the opinion of the Judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections,

49

on the part either of the petitioner or the respondent and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful.

41(1) Costs shall be taxed by the Registrar upon the order by which the Taxation and re- costs are payable in the same manner as costs are taxed in a District Court, but covery of costs. subject to such express directions, either general or specific, as the Judge may give; and costs when taxed may be recovered in the same manner as the costs of an action at law.

(2) In case there be money in the hands of the Colonial Treasurer available for the purpose, the Chief Justice muy direct taxed costs to be paid out of such money to the extent of auch money.

(3) The office fees payable for inspection, office copies and other proceedings

under these rules shall be such as may be prescribed by the Chief Justice.

42. Any person who is on the roll of proctors of the Supreme Court may act as Proctors may act us agent for any party to an election petition.

agent under these rules. 43. An agent shall, immediately upon his appointment as such, leave written Notice of appoint- notice thereof at the office of the Registrar.

ment of agent.

44. Service of notices and proceedings upon such agents shall be sufficient for Service of notices all purposes.

on agents.