1704
THE NEW ZEALAND GAZETTE.
[No. 111

to a distinct portion of the subject, and every para-
graph shall be numbered consecutively; and no costs
shall be allowed of drawing or copying any petition
not substantially in compliance with this rule, unless
otherwise ordered by the Court or a Judge.

6 The petition shall conclude with a prayer, as for
instance that some specified person should be declared
duly returned or elected, or that the election should
be declared void, or that a return may be enforced,
as the case may be, and shall be signed by all the
petitioners.

The following form, or one to the like effect, shall
be sufficient:-

In the Supreme Court of New Zealand. The Election
Petitions Act, 1880." Election for [State the place],
holden on the day of 18
To his Honor the Chief Justice of the said Court.

The petition of A, of [or of A, of ], and B.
of , as the case may be, whose names are subscribed.

1. Your petitioner, A, is a person who voted [or had a right
   to vote, as the case may be] at the above election [or claims to
   have had a right to be returned at the above election, or was a
   candidate at the above election], and your petitioner B [Here
   state in like manner the right of each petitioner].

2. And your petitioners state that the election was holden on
   the day of 18, when A.B., C.D., and E.F.
   were candidates, and the Returning Officer has returned A.B.
   as being duly elected [or declared duly elected].

3. And your petitioners say that [Here state the facts and
   grounds on which the petitioners rely].

Wherefore your petitioners pray that it may be deter-
mined that the said A.B. was not duly elected or
returned, and that the election was void [or that
the said E.F. was duly elected and ought to have
been returned, or as the case may be.

(Signed) A.
B.

7 Evidence need not be stated in the petition, but
the Court or a Judge may order such particulars as
may be necessary to prevent surprise and unnecessary
expense, and to insure a fair and effectual trial, in the
same way as in ordinary proceedings in the Supreme
Court, and upon such terms as to costs and otherwise
as may be ordered.

8 When a petitioner claims the seat for an unsuc-
cessful candidate, alleging that he had a majority of
lawful votes, the party complaining of or defending
the election or return shall, six days before the day
appointed for trial, deliver to the Registrar, and
also at the address for service, if any, given by the
petitioner and respondent, as the case may be, a list
of the votes intended to be objected to, and of the
heads of objection to each such vote.

9 When the respondent in a petition under the Act
complaining of an undue return, and claiming the
seat for some person, intends to give evidence to
prove that the election of such person was undue
pursuant to the thirty-first section of the Act, such
respondent shall, six days before the day appointed
for the trial, deliver to the Registrar aforesaid, and
also at the address for service, if any, given by the
petitioner, a list of the objections to the election upon
which he intends to rely.

10 The Registrar shall allow inspection and office
copies of the lists provided for in the two last pre-
ceding rules to all parties concerned, and no evidence
shall be given against the validity of any vote nor
upon any head of objection not specified in the list,
except by leave of the Court or Judge, upon
such terms as to amendments of the list, postpone-
ment of the inquiry, and payment of costs, as may be
ordered.

11 The petitioner shall indorse or cause to be in-
dorsed upon the petition the name of some prac-
tising solicitor of the Court whom he authorizes
to act as his solicitor, or stating that he acts for
himself, as the case may be, and in either case
giving an address at which notices addressed to
him may be left.

Such address shall name some place in that town
in the provincial district within which the electoral
district to which the petition has relation is wholly or
partly situate, and which town was formerly the chief
town of the province corresponding to such provincial
district:

If the electoral district shall be within that
part of the Provincial District of Otago
formerly included in the Province of
Southland, the place shall be some place
in the Town of Invercargill; and, if the
electoral district shall be in that part of
the Provincial District of Auckland which
is included in the Judicial District of Wel-
lington, the place shall be some place in
the Town of Napier.

12 If no such indorsement be made or address
given, then all notices and proceedings may be given
and served by sticking up the same at the office of
the Registrar.

13 Where there are more petitioners than one,
each petitioner may have a different solicitor, or may
jointly appoint one solicitor to act for them.

14 Any person returned or declared elected as a
member may, at any time after he is returned or
declared elected, send to, or leave at, the office of the
Registrar, at the town where, according to Rule 11,
the petitioner's address for service would have to be,
a writing signed by him or on his behalf appointing
a practising solicitor of the Court to act as his
solicitor in case there should be a petition against
him, or stating that he intends to act for himself, and
in either case giving such an address as hereinbefore
provided at which notices may be left.

In default of such writing being left before the
service of a petition, or within a week thereafter,
notices and proceedings may be given and served
respectively by sticking up the same at the office of
the Registrar aforesaid.

15 The Registrar shall keep a book at his office in
which he shall enter all addresses and the names of
solicitors given under any of the preceding rules;
which book shall be open to inspection by any person
during office hours.

16 A copy of the petition shall be served upon the
respondent in the manner in which a writ of summons
is served when issued out of the Supreme Court.
If there be more than one respondent a copy shall
be served upon each such respondent.

17 Service of such copy petition shall not be effected
until the Registrar at Wellington has given notice to
the Returning Officer of the district in relation to
which the petition has been presented, by telegram or
otherwise, that he has received the original petition,
and the said Returning Officer shall forthwith notify
the petitioner at his address for service that he has
received such notice.

18 If the Returning Officer be absent from his
usual place of abode, or ill, or unable to act, the
Registrar at Wellington shall give the prescribed
notice to the Registrar, and such last-mentioned
Registrar shall inform the petitioner accordingly.

19 The time for service of a petition shall be not
more than seven days from the date of the delivery
at the address for service of the petitioner of the
notice from the Returning Officer or Registrar.

20 Where a Judge, on an application made to him
not later than fourteen days after the petition is pre-
sented, on affidavit showing what has been done, shall
be satisfied that all reasonable effort has been made
to effect personal service and cause the matter to
come to the knowledge of the respondent, the Judge
may order that what has been done shall be considered.