Member to fill the vacancy which is hereby declared to be thereby occasioned, who shall on receipt thereof issue the same accordingly; if in such case there be no Speaker, or if the vacancy occur before the meeting of any new House, the Clerk or person acting as Clerk of the House, shall on receipt of such certificate, and in case the election or return has been thereby declared void, inform two of the Members elect, who shall send their Warrant to the Provincial Secretary to issue a Writ as aforesaid, and on the receipt thereof the Clerk of the Crown in Chancery shall immediately issue the Writ.

24. The House of Assembly on being informed by the Speaker of the certificate and report, if any, of the Court or Judge, shall order the same to be entered in their Journals, and in event of such certificate being received by the Speaker during the sitting of the House of Assembly, the House of Assembly, in case the Election or Return has been thereby declared void, shall give the necessary directions for issuing a Writ for a new Election.

25. The certificate of the Judge shall for all purposes have the same effect as the Report of an Election Committee of the House of Assembly may formerly have had.

26. On the Trial of an Election Petition under this Chapter, unless the Judge otherwise directs, any charge of a corrupt practice may be gone into, and evidence in relation thereto received, before any proof has been given of agency on the part of any candidate in respect of such corrupt practice. 27. The Trial of an Election Petition under this Chapter shall be proceeded with, notwithstanding the acceptance by the respondent of an office,appointment or commission under the authority and control of the Lieutenant Governor or Lieutenant Governor in Council, or notwithstanding the prorogation of the Legislature.

28. Twɔ or more candidates may be made respondents to the same Petition, and their case may for the sake of convenience be tried at the same time; but for all the purposes of this Chapter, such Petition shall be deemed to be a separate Petition against each respondent; and where under this Chapter more Petitions than one are presented, relating to the same Election or Return, all such Petitions shall be dealt with as one Petition, and the Court or Judge shall make the necessary orders therefor.

29. On the Trial of an Election Petition under this Chapter, the Judge shall faithfully and truly take down the evidence given at the Trial, and shall attach such minute of evidence and the Petition and copy of particulars in the cause, to the certificate made by the Judge to the Speaker. 30. On the Trial of an Election Petition under this Chapter, the General Poll Book containing any demand or protest entered therein by virtue of the Chapter relating to Elections to the General Assembly, shall be sufficient evidence of any such demand or protest having been made; but notwithstanding any thing in said Chapter contained, no protest against the whole Election, or the return of any Member on grounds of corrupt practices, shall be necessary.

31. All laws in force relating to evidence to be given before a Committee of the House of Assembly, in the matter of Controverted Elections, shall be in force in respect to the Trial of Election Petitions under this Chapter, and be observed as far as may be by the Court and Judge in the case of Election Petitions under this Chapter.

INQUIRY INTO CONDUCT OF UNSUCCESSFUL CANDIDATE.

32. The respondent may at any time prior to ten days before the time fixed for the Trial of the Election Petition, give notice to any or all of the candidates at the Election that he will on the Trial of the Petition adduce evidence to shew that corrupt practices were committed by such candidate (hereinafter called the candidate) at the Election, and at the same time shall deliver particulars as in the case of a Petition; and shall at least one week before the time fixed for the Trial file a copy of the said notice and particulars with the Clerk of the Pleas, and shall also within the time aforesaid serve a copy thereof on the Sheriff, which last mentioned copy shall constitute part of the Record in the

cause.

33. The Judge may upon proof of due service upon the candidate as aforesaid, at the time fixed for the Trial of the Election Petition, try as well the matters referred to in such notice as the matters referred to in the Election Petition or he may order that the said several matters be tried separately, and may from time to time make such orders as shall be necessary for carrying into effect the objects of this Section; and at the conclusion of his enquiry into the matters referred

to in such notice, he shall determine and publicly declare whether the candidate was guilty of corrupt practices at the Election, stating the grounds and reasons for such determination, as in the determination upon the Election Petition; and in case he finds that Bribery has been committed by or with both the knowledge and consent of the candidate, he may adjudge and declare that the candidate has personally committed Bribery at such Election.

34. In case the Judge finds that the candidate has been guilty of corrupt practices, he may order that the costs as well of the Election Petition as of the inquiring into the conduct of the candidate, shall be paid by the candidate, or he may apportion such costs upon the candidate or candidates, or the respondent, as he may see fit; and in case the Judge finds that the candidate has not been guilty of any corrupt practice, he shall order the costs of the inquiry to be paid by the respondent.

35. If the Election Petition and the inquiry into the conduct of the candidate be heard at the same time, the respondent may, upon cross-examination of the witnesses produced on behalf of the Petitioner, go into evidence of the conduct of the candidate; and the candidate may cross examine such witnesses, as also the witnesses produced by the respondent, as well with reference to the acts of the respondent as to his own conduct.

36. All the clauses of this Chapter shall, so far as applicable, extend to the trial of the matters between the respondent and the candidate, as well as to the Election Petition.

JURISDICTION AND RULES OF COURT.

37. The Court may from time to time make, and from time to time revoke and alter, General Rules and orders (in this Chapter referred to as the Rules of Court) for the effectual execution of this Chapter, and of the intention and object thereof; and the regulation of the practice, procedure and costs of Election Petitions, and the Trial thereof, and of the inquiry into the conduct of the candidate, and the certifying and reporting thereon, and also for the regulation of Appeals under this Chapter: Any General Rules made as aforesaid shall be deemed to be within the powers conferred by this Chapter, and shall be of the same force as if enacted in the body of this Chapter; but any General Rules made in

pursuance of this Section shall be laid before the House of Assembly within one week after they are made, if the House of Assembly be then sitting, and if not sitting, then within one week after the beginning of the then next Session of the House of Assembly,

38. Until Rules of Court shall have been made in pur suance of this Chapter, the Rules of Court dated twenty first of November, A. D., 1868, and made by Judges for the Trial of Election Petitions in England pursuant to the Parliamentary Elections Act 1868, shall be observed so far as may be by the Court and Judge in the case of Election Petitions under this Chapter.

EXPENSES AND JURISDICTION OF JUDGE.

39. Such reasonable allowance as the Lieutenant Governor in Council shall allow for the travelling and other expenses of the Judge, and all expenses properly incurred by the Sheriff in providing a proper Court, shall be defrayed by Warrant in the ordinary way.

40. On the Trial of an Election Petition under this Chapter, the Judge shall, subject to the provisions of this Chapter, have the same powers, jurisdiction and authority as a Judge of the Supreme Court, and as a Judge of Assize and Nisi Prius, and the Court held by him shall be a Court of Record.

41. The Title of the Court of Record held for the Trial of an Election Petition under this Chapter may be as follows:In the Supreme Court for the Trial of an Election Petition for the (County of

or City of

as the case

may be,) between Petitioner and Respondent. 42. All interlocutory questions and matters shall be heard and disposed of before a Judge, who shall have the same control over the proceedings under this Chapter, as a Judge at Chambers in the ordinary proceedings in the Supreme Court; and such questions and matters shall be disposed of by the Judge assigned to try Election Petitions in the County to which the Petition relates, if practicable, and if not, then by any Judge in Chambers.

43. The Clerk of the Circuits shall attend at the Trial in like manner as in the case of Trials at Circuits, and shall in respect of such Trial perform all the functions and have all the powers incident to the office of the Clerk of the Circuits.

WITNESSES.

44. Witnesses shall be subpoenaed and sworn in the same manner as nearly as circumstances admit, as in a Trial at Nisi Prius.

45. On the Trial of an Election Petition under this Chapter, the Judge may by order or warrant under his hand, in Forms D or E in Schedule, as the Judge may see fit, compel the attendance of any person as a witness, who appears to him to have been concerned in the Election to which the Petition relates; such warrant may be directed and made out to the Sheriff or other person having the execution of process of the Supreme Court, and to all Constables and officers of the Peace of the County where the person may be found; and such warrant shall or may be executed by the persons to whom it is directed or any or either of them.

46. The Judge may examine any witness so compelled to attend, or any person in Court, although such witness is not called and examined by any party to the Petition: After the examination of a witness as aforesaid, by a Judge, such witness may be examined by or on behalf of the petitioner and respondent, or either of them.

47. The reasonable expenses incurred by any person appearing to give evidence at the Trial of an Election Petition. under this Chapter, according to the scale allowed to witnesses on the Trial of civil actions at Nisi Prius, may be allowed to such person, by a certificate under the hand of the Judge, or of the Clerk of the Pleas; and such expenses shall be deemed to be costs of the Petition.

WITHDRAWAL AND ABATEMENT OF ELECTION PETITION.

48. An Election Petition under this Chapter shall not be withdrawn without the leave of the Court or Judge, upon special application in writing, signed by the petitioners or their agent.

49. The notice of application may be in Form F in Schedule, and shall be left at the Office of the Clerk of the Pleas; and notice of such application, and of the intention of the petitioner to apply for leave to withdraw his Petition, shall be given by the petitioner to the respondent, by service, as in the case of the Petition, or in such manner as may be prescribed, and also to the Sheriff, who shall make it public in