Where a person was examined as a witness before commissioners appointed to inquire into the existence of corrupt practices at an election for a city, and received from the commissioners a certificate that he was sworn and examined on oath before the commissioners, "and upon such examination was required by us to answer questions which criminated, or tended to criminate him, and answered all such questions; but divers of the said answers to the said questions were unsatisfactory to us, and we believe were false, and false to his knowledge," he was afterwards convicted on a prosecution for bribery; and it was held that in order to entitle him to a certificate, he must make true answers to all questions, and that the commissioners had in effect refused to certify that his answers were true, and that the certificate did not operate as a stay of proceedings. R. v. Hulme, L. R., 5 Q. B. 377; 39 L. J., Q. B. 149; 22 L. T., N.S. 673; 18 W. R., 130.

(7.) The giving of or refusal to give any such certificate by the election court shall be final and conclusive.

(8.) A statement made by any person in answer to a question put to him by or before an election court shall not, except in cases of indictment for perjury, be admissible in evidence in any proceeding, civil or criminal.

In R. v. Buttle, L. R., 1 C. C. 248; 39 L. J., M. C. 115; 22 L. T., N.S. 728; 18 W. R., 956, it was held, with reference to the similar provision in the 26 & 27 Vict., c. 29, s. 7, that true answers given by a witness before election commissioners were not admissible against such witness to support an indictment for perjury committed before another tribunal, the words "except in cases of indictment for perjury" applying only to perjury committed before the com

missioners.

(9.) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to him by a certificate of the election court or of the prescribed officer, and if the witness was called and examined by the court, shall be deemed part of the expenses of providing a court, but otherwise shall be deemed costs of the petition.

Withdrawal of Petition.

95.-(1.) A petitioner shall not withdraw an election petition without the leave of the election court or High Court on special application, made in the prescribed manner, and at the prescribed time and place.

(2.) The application shall not be made until the prescribed notice of the intention to make it has been given in the borough.

(3.) On the hearing of the application any person who might have been a petitioner in respect of the election may

apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute him accordingly.

(4) If the proposed withdrawal is in the opinion of the court induced by any corrupt bargain or consideration, the court may 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 the security, the original petitioner and his sureties shall be liable to pay the costs of the substituted petitioner.

(5.) If the court does not so direct, then 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 the prescribed time after the order of substitution.

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

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

(8.) Where there are more petitioners than one, an application to withdraw a petition shall not be made. except with the consent of all the petitioners.

Abatement of Petition.

96. (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.

(3.) On the abatement of a petition the prescribed notice thereof shall be given in the borough, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to the election court or High Court in the prescribed manner and at the prescribed time and place to be substituted as a petitioner; and the court may, if it thinks fit, substitute him accordingly.

(4) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.

Withdrawal and Substitution of Respondents.

97.-(1.) If before the trial of an election petition a respondent other than a returning officer

(a.) Dies, resigns, or otherwise ceases to hold the office to which the petition relates; or

(b.) Gives the prescribed notice that he does not intend to oppose the petition;

the prescribed notice thereof shall be given in the borough, and within the prescribed time after the notice is given any person who might have been a petitioner in respect of the election may apply to the election court or High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three.

(2.) A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.

Costs on Election Petitions.

98. (1.) All costs, charges, and expenses of and incidental to the presentation of an election petition, and the proceedings consequent thereon, except such as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and proportions as the election court determines; and in particular any costs, charges, or expenses which in the opinion of the court have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expense incurred or caused on the part of petitioner or respondent, may be ordered to be defrayed by the parties by whom it has been incurred or caused, whether they are or not on the whole successful.

(2.) The costs may be taxed in the prescribed manner, but according to the same principles as costs between solicitor and client in an action in the High Court, and may be recovered as the costs of such an action, or as otherwise prescribed.2

(3.) If a petitioner neglects or refuses for three months after demand to pay to any person summoned as a witness on his behalf, or to the respondent, any sum certified to be

due to him for his costs, charges, and expenses, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court, every person who has under this Act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and the prescribed officer shall thereon certify the recognisance to be forfeited, and it shall be dealt with as a forfeited recognisance relating to a parliamentary election petition.

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1 In Pare v. Hartshorne and another, 31 L. T., N.S. 486; 23 W. R., 138; where the barrister who tried a municipal election petition had duly certified his decision, and also orally determined that the petitioner's costs were to be paid by one respondent, and the registrar endorsed on the petition election void, petitioner's costs to be paid by the respondent R. A. S," it was held that the endorsement was to be treated as the certificate of the barrister, and could be made a rule of court, so as to enable the petitioner to issue execution on it. The barrister who tries an election petition has an absolute discretion in ordering how the costs of the proceedings on the petition are to be defrayed by the parties to it, and he may order such costs to be paid to an unsuccessful candidate who has been made a respondent improperly by the petitioner. The superior court has no jurisdiction to review his order, however wrong it may be. Lovering v. Dawson and others, L. R., 10 C. P. 726; 44 L. J., C.P. 321; 33 L. T., N.S. 823.

The court will not interfere with the discretion of the master as to the amount allowed for counsel's fees and refreshers, unless it is manifest that he has failed to exercise it in a reasonable manner. Hargreaves v. Scott, L. R., 4 C. P. D. 21; 40 L. T., N.S. 35.

As to costs see also Fleming v. Cave, 44 L. J., C. P. 200; 32 L. T., N.S. 160. In re Tamworth Election Petition, 5 L. R., C. P. 172; 39 L. J., C. P. 89; 22 L. T., N.S. 98. Tillett v. Stracey, 5 L. R., C. P. 185; 39 L. J., C. P. 93; 22 L. T., N.S. 101; 18 W. R. 631. Hughes v. Meyrick, 5 L. R., C. P. 407; 39 L. J., C. P. 249; 22 L. T., N.S. 482; 18 W. R., 806.

Reception of and Attendance on the Election Court.

99.-(1.) The town clerk shall provide proper accommodation for holding the election court; and any expenses incurred by him for the purposes of this section shall be paid out of the borough fund or borough rate.

(2.) All chief and head constables, superintendents of police, head-boroughs, gaolers, constables, and bailiffs shall give their assistance to the election court in the execution of its duties, and if any gaoler or officer of a prison makes default in receiving or detaining a prisoner committed thereto in pursuance of this Part, he shall be liable to a fine not exceeding five pounds for every day during which the default continues.

(3.) The election court may employ officers and clerks as prescribed.

(4) A shorthand writer shall attend at the trial of an election petition, and shall be sworn by the election court faithfully and truly to take down the evidence given at the trial. He shall take down the evidence at length. A transcript of the notes of the evidence taken by him shall, if the election court so directs, accompany the certificate of the election court. His expenses, according to a prescribed scale, shall be treated as part of the expenses incurred in receiving the court.

Rules of Procedure and Jurisdiction.

100.-(1.) The judges for the time being on the rota for the trial of parliamentary election petitions, may from time to time make, revoke, and alter General Rules for the effectual execution of this Part, and of the intention and object thereof, and the regulation of the practice, procedure, and costs of municipal election petitions, and the trial thereof, and the certifying and reporting thereon.

(2.) All such rules shall be laid before both Houses of Parliament within three weeks after they are made, if Parliament is then sitting, and if not, within three weeks after the beginning of the then next session of Parliament, and shall, while in force, have effect as if enacted in this Act.

(3.) Subject to the provisions of this Act, and of the rules made under it, the principles, practice, and rules for the time being observed in the case of parliamentary election petitions, and in particular the principles and rules with regard to agency and evidence, and to a scrutiny, and to the declaring any person elected in the room of any other person declared to have been not duly elected, shall be observed, as far as may be, in the case of a municipal election petition.

(4) The High Court shall, subject to this Act, have the same powers, jurisdiction, and authority with respect to a municipal election petition and the proceedings thereon as if the petition were an ordinary action within its jurisdiction.

(5.) The duties to be performed by the prescribed officer under this Part shall be performed by the prescribed officer of the High Court.

(6.) The general rules in force at the commencement of this Act with respect to matters within this Part shall, until superseded by rules made under this section, and