DEC. 30.]

THE NEW ZEALAND GAZETTE.

1705

sufficient service, subject to such conditions as he
may think reasonable.

21 In case of evasion of service, the sticking up a
notice in the office of the Registrar of the petition
having been presented, stating the name of the
petitioner and the prayer, shall be deemed equiva-
lent to personal service, if so ordered by a Judge.

22 If security is given by deposit of money, the same
shall be made by payment into the nearest branch of
the Bank of New Zealand, to an account to be opened
there by the description of "The Election Petitions
Act, 1880, Security Fund," and a bank receipt or
certificate for such payment shall be forthwith left
with the Returning Officer, to be transmitted by him
to the Registrar of the Court at Wellington.

And the said fund shall be vested in the Chief
Justice of the Court for the time being, and may be
drawn upon by him from time to time for the pur-
poses of the Act.

23 The Registrar at Wellington shall file such
receipt or certificate, and keep a book open to in-
spection of all parties concerned, in which shall be
entered from time to time the amount and the petition
to which it is applicable.

24 All claims at law or in equity to money so
deposited or to be deposited pursuant to these rules
shall be disposed of by the Court or a Judge.

Money so deposited shall, if and where the same is
no longer needed to secure payment of such costs,
charges, and expenses, be returned or otherwise dis-
posed of as justice may require, by order of the
Court or a Judge.

Such order may be made after such notice of
intention to apply, and proof that all just claims have
been satisfied or otherwise sufficiently provided for,
as the Court or a Judge may require.

The order may direct payment either to the party
by or on whose behalf the sum is deposited, or to any
person entitled to receive the same.

25 Upon such order being made the amount may
be drawn for by the Chief Justice for the time being.

The draft of the said Chief Justice shall in all
cases be a sufficient warrant to the Bank of New
Zealand for all payments made thereunder.

26 If security is given by bond, it shall contain
the name and usual place of abode of each surety,
with such sufficient description as shall enable him
to be found or ascertained, and may be in the fol-
lowing form or to the effect thereof, subject to the
approval of the Returning Officer:-

KNOW all men by these presents that we [or I (Names of
sureties or surety in full, adding residences and occupa-
tions)], (hereinafter called "the sureties"), are held and
firmly bound unto Her Majesty Queen Victoria in the
sum of two hundred pounds of good and lawful money
of Great Britain, to be paid unto our said Lady the
Queen, her heirs and successors. For which payment
well and truly to be made we bind ourselves and every of
us, jointly and severally, for and in the whole, and the
heirs, executors, and administrators of us, and every of
us [or I bind myself, my heirs, executors, and adminis-
trators] firmly by these presents, sealed with our seals
[or seal]. Dated this day of
in the year of our Lord one thousand eight hundred
and

WHEREAS
hath [or have] presented a petition to his
Honor the Chief Justice of the Supreme Court of New Zealand,
under the provisions of "The Election Petitions Act, 1880," in
respect of an election for the Electoral District of , held
on the day of : And whereas it is required
that a bond should be entered into on behalf of the said peti-
tioner, in accordance with the provisions of the said Act, for
the purposes hereinafter mentioned: And whereas the Return-
ing Officer for the said electoral district hath approved of the
said sureties [or surety] for that purpose:

Now the condition of this obligation is such that if the said
petitioners (or any of them) shall well and truly pay all costs,
charges, and expenses in respect of the election petition signed
by him [or them, as the case may be] relating to the said elec-
tion, which shall become payable by him [or them, or any of
them], under or by virtue of the said Act, or any rules made

thereunder, to any person or persons, then this obligation shall
be void, otherwise shall remain in full force.

Signed, sealed, and delivered by the above bounden [Insert
names as above].

[Each signature (.......................) [Signature of each
must be attested person opposite
by one witness, a seal, to be
who must sign affixed at time
his name, and of signature.]
add his resi-
dence and occu-
pation.]

27 There may be one bond executed by all the
sureties, or separate bonds by one or more, as may
be convenient.

28 The bond or bonds shall, after being executed,
be forthwith transmitted to the Registrar at Wel-
lington, or left at his office, by or on behalf of the
petitioner, in like manner as before prescribed for
the leaving of a petition.

Trials of Petitions.

29 When the Chief Justice has named the Judges
of the Supreme Court before whom trials or any trial
are or is to take place under the Act, he shall cause
a notification thereof to be published in the New
Zealand Gazette.

30 The time and place of the trial of each elec-
tion petition shall be fixed by the Judges appointed
to try the petition; and notice thereof shall be given
in writing by the Registrar, by sticking notice up in
his office, sending one copy by the post to the address,
if any, given by the petitioner, and another to the
address, if any, given by the respondent, at least
fourteen days before the day appointed for the trial.

31 The sticking-up of the notice of trial at the
office of the Registrar shall be deemed and taken to
be notice of trial within the meaning of the Act, and
such notice shall not be vitiated by any miscarriage
of or relating to the copy or copies thereof to be
sent as already directed.

32 The notice of trial may be in the following
form:-

"Election Petitions Act, 1880."

Election Petition of
Electoral District of
TAKE notice that the above petition [or petitions] will be tried
at , on the day of , and on such other
subsequent days as may be needful.
Dated the day of , 18
By order.
Α.Β.,
Registrar of the Supreme Court at

33 The Judges appointed to try the petition may
from time to time, by order made upon the appli-
cation of a party to the petition, or by notice to be
given in such form as such Judges may direct,
postpone the beginning of the trial to such day
as they may name, and such notice, when received,
shall be forthwith made public in the manner in
which the original notice of trial was given.

34 In the event of the said Judges not having
arrived at the time appointed for the trial or to which
the trial is postponed, the commencement of the trial
shall ipso facto stand adjourned to the ensuing day,
and so from day to day.

35 No formal adjournment of the Court for the
trial of an election petition shall be necessary, but the
trial is to be deemed adjourned, and may be continued
from day to day until the inquiry is concluded.

36 The title of the Court held for the trial of an
election petition may be as follows:-

Court for the Trial of an Election Petition for the Electoral
District of
In the matter of "The Election Petitions Act, 1880."
BETWEEN {
, Petitioner,
and
, Respondent.
And it shall be sufficient so to entitle all proceedings
under the Act.