Appeal. 6. The opinion of the court or judge shall be deemed a judgment of the court, and an appeal shall lie therefrom as in the case of a judgment in an action. R.S.M. c. 33, s. 6. Jurisdiction of Supreme and Exchequer Courts. CONTROVERSIES BETWEEN DOMINION AND PROVINCE. 7. It is hereby agreed and provided that the Supreme Court of Canada and the Exchequer Court of Canada shall have jurisdiction in all cases of controversies between the Dominion of Canada and the Province of Manitoba. R.S.M. c. 33, s. 7. - 268 CHAPTER 39. An Act respecting the Trial of Controverted Elections of HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Manitoba Controverted Elections Act." R.S.M. c. 34, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires (a) the expression "judge" means any one of the judges "Judge." of His Majesty's Court of King's Bench for Manitoba, and includes the chief justice; (b) the expression "member" means any person elected "Member." to serve as one of the members of the Legislative Assembly of the Province; (c) the expression "election" means the election of a "Election.” member to serve in the Legislative Assembly of the Province; division." (d) the expression "electoral division" means any place "Electoral or portion of this Province entitled to return a member to the Legislative Assembly; (e) the expression "candidate" means the person elected "Candidate." as member at any election, and any person nominated as a candidate at such election; practice." (f) the expression "corrupt practice" means any act "Corrupt declared such by any of the provisions of "The Manitoba Election Act," or by any other Act or provision of law; (g) the expression "rule" means any rule made as pre- "Rule." scribed by section 10 of this. Act; (h) the expression "prescribed" means prescribed by "Prescribed." this Act, or ordained by some rule made under this Act; (i) the expression "prothonotary" includes the deputy "Prothoprothonotary; notary." "The Speaker." "Election petition." When time limit expires (j) the expression "the Speaker" means the Speaker of the Legislative Assembly; when the office of Speaker is vacant or when the Speaker is absent from the Province, or is unable to act, the clerk of the Legislative Assembly, or any other officer for the time being discharging the duties of the clerk of the Legislative Assembly, shall be deemed to be substituted for and included in the expression "the Speaker"; (k) the expression "election petition" means a petition complaining of an undue return or undue election of a member, or of no return, or of a double return, or of any unlawful act by any candidate not returned by which he is alleged to have become disqualified to sit in the Legislative Assembly, or of the conduct of any returning or deputy returning officer. R.S.M. c. 34, s. 2. 3. If the time or day appointed by this Act for the on a holiday, institution of any proceeding, or the accomplishment of any matter, expires or falls upon a hoilday, such time or days shall be extended to the next following day, not a holiday, and such matter may be performed on such following day. R.S.M. c. 34, s. 3. Elections subject to provisions APPLICATION OF ACT. 4. All elections of members of the Legislative Assembly of Manitoba shall be subject to the provisions of this Act, of this Act. and their validity shall only be contested in conformity with the provisions of this Act. R.S.M. c. 34, s. 4. Court of jurisdiction. COURT FOR TRIAL OF ELECTION PETITIONS. 5. His Majesty's Court of King's Bench for Manitoba King's Bench shall have jurisdiction over election petitions, and over all proceedings to be had in relation thereto, subject, nevertheless, to the provisions of this Act. R.S.M. c. 34, s. 5. Cause of action. Petition, where to be presented. Judge to have 6. The cause of action shall be deemed to have arisen at the place where the election was held, but the election petition shall be presented at Winnipeg, and shall be tried in the place determined in conformity with the provisions hereinafter contained. R.S.M. c. 34, s. 6. 7. In all proceedings had under the authority of this jurisdiction. Act, a judge in chambers shall have the same powers, jurisdiction and authority as the Court of King's Bench, subject always to the provisions of this Act. R.S.M. c. 34, s. 7. Precedence 8. Proceedings had under this Act shall have precedence over all other causes or proceedings. R.S.M. c. 34, s. 8. officers. 9. The various officers of the Court of King's Bench Powers of shall, with reference to all election petitions, have the same powers and be subject to the same duties and obligations, as if such petition were an ordinary proceeding within the jurisdiction of the said court. R.S.M. c. 34, s. 9. RULES OF COURT. Court of amend, etc., and orders. 10. The judges of the Court of King's Bench, or a major- Judges of ity of them, of whom the chief justice shall be one, may, King's Bench from time to time, make, revoke or alter general rules or may make, orders for the effectual execution of this Act and of the general rules intention and object thereof, and the regulation of the practice and procedure with respect to election petitions, and the trial thereof, and the certifying and reporting threeof. R.S.M. c. 34, s. 10. force of Act. 11. Any rule made pursuant to the last preceding sec-Rules to have tion, and not inconsistent with this Act, shall be deemed to be within the powers conferred by the provisions of this Act, and shall, until revoked, have the same force as the provisions hereof. R.S.M. c. 34, s. 11. be laid Assembly. 12. A copy of all rules, and of all modifications made copy of rules therein under section 10 of this Act, shall be laid before to before Legisthe Legislative Assembly within three weeks after they are lative made, if the Legislature be then sitting, and, if the Legislature be not then sitting, within three weeks after the then next session of the Legislature. R.S.M. c. 34, s. 12. rule, practice House of 13. Until rules have been made in pursuance of this where no Act, and in all cases unprovided for by such rules when made, same as the principles, practice and rules then in force, by which Commons of election petitions touching the election of members of the Canada. House of Commons of Canada are governed, shall be observed, so far as, consistently with this Act, they may be so observed. R.S.M. c. 34, s. 13. PRESENTATION OF ELECTION PETITIONS. 14. An election petition may be presented (a) by one or more electors who had a right to vote at Presentation the election to which the petition relates; or (b) by one or more candidates at such election. R.S.M. c. 34, s. 14. of election petition. petition. 15. The petition may be in any prescribed form, but Form of if, or in so far as, no form is prescribed, it need not be in any particular form. R.S.M. c. 34, s. 15. Petition, what it must 16. The petition must, however, in all cases, complain complain of. of the undue election or return of a member, or that no return has been made, or that a double return has been made, or of matters contained in any special return made, or of some unlawful act by a candidate not returned, by reason whereof he may become ineligible, or of the unlawful conduct of any returning or deputy returning officer. R.S.M. c. 34, s. 16. To be signed by petitioners Time of presentation after publica 17. The petition shall be signed by the petitioner or, if there are more than one, by all the petitioners. R.S.M. c. 34, s. 17. 18. The petition must be presented within thirty days of petition after the day of publication in The Manitoba Gazette of the tion of elec- notice of election by the clerk of the Executive Council, under the provisions of "The Manitoba Election Act." R.S.M. c. 34, s. 18. tion return. If specific allegation of corrupt practice since return of election, 19. If, however, the petition questions the validity of a return or election upon a specific allegation of corrupt practice committed since the time of the return of election, petition may such petition may be presented within thirty days after the be presented date of the commission of the corrupt practice alleged, provided that such corrupt practice falls within the scope of the provisions of "The Manitoba Election Act." R.S.M. c. 34, s. 19. days. Presentation, how made. 20. Presentation of a petition shall be made by delivering it at the office of the prothonotary of the Court of King's Bench at Winnipeg, during office hours. R.S.M. c. 34, s. 20. Security to be given for benefit of Witness; Member; Returning or deputy returning officer: Unsuccessful SECURITY FOR COSTS. 21. At the time of the presentation of the petition, the petitioner shall give security for the payment of all costs, charges and expenses that may become payable by him (a) to any person assigned as a witness on his behalf; (b) to the member whose election or return is called in question; (c) to the returning officer or deputy returning officer, if his conduct is complained of; (d) to the candidate not elected, whose conduct is comcandidates; plained of; and |