1706

THE NEW ZEALAND GAZETTE.

[No. 112

37 Upon application made for that purpose by or
on behalf of the petitioner or respondent, the Court
or a Judge may, upon such terms or conditions as the
said Court or Judge may prescribe, order that the
original petition transmitted to the Registrar at
Wellington, and any other document, instrument, or
proceeding relating thereto, may be transmitted by
the said Registrar to the Registrar of any other
judicial district for the purpose of being used at the
trial of an election petition or otherwise.

Witnesses.

38 The order of the Judges to compel the attend-
ance of a person as a witness may be in the following
form:-

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.
}

To A.B. [Describe the person].
You are hereby required to attend before the above Court, at
[place], on the day of , at the hour of [or forth-
with, as the case may be], to be examined as a witness in the
matter of the said petition, and to attend the said Court until
your examination shall have been completed.
As witness our hands this day of , 18

A.B.,
C.D.,
Judges of the Supreme Court named for
the trial of the said petition.

39 The reasonable costs of any witness shall be
ascertained by the Registrar, and the certificate
allowing them shall be under his hand.

Withdrawal and Abatement of Petitions.

40 Notice of an application for leave to withdraw
a petition shall be in writing, and signed by the peti-
tioners or their solicitors. It shall state the ground on
which the application is intended to be supported,
and shall be left at the office of the Registrar. The
following form shall be sufficient:-

"The Election Petitions Act, 1880."
Petition of [State the petitioners], presented the
Electoral District of day of , 188
THE petitioner proposes to apply to withdraw his petition upon
the following ground [Here state the ground]; and prays
that a day may be appointed for hearing his application.
Dated this day of , 188 (Signed.)

41 A copy of such notice of the intention of the
petitioner to apply for leave to withdraw his petition
shall be given by the petitioner to the respondent,
and shall be forthwith published by the petitioner
in at least one newspaper circulating in the district.

42 The following may be the form of such
notice:-

"The Election Petitions Act, 1880."
In the election petition for , in which
petitioner, and is respondent.
NOTICE is hereby given that the above petitioner has, on the
day of 18, lodged at the office of the Regis-
trar of the Supreme Court at , notice of an applica-
tion to withdraw the petition, of which notice the following is a
copy [Set it out]: And take notice that, by the general
rules made under the said Act, any person who might
have been a petitioner in respect of the said election may,
within seven days after publication by the petitioner of this
notice, give notice in writing of his intention, on the hearing,
to apply for leave to be substituted as a petitioner.
Dated this day of , 18 (Signed.)

43 Any person who might have been a petitioner
in respect of the election to which the petition relates
may, within seven days after such notice is pub-
lished by the petitioners, give notice in writing,
signed by him or on his behalf, to the Registrar of
his intention to apply at the hearing to be substituted
for the petitioner, but the want of such notice shall
not defeat the application if, in fact, made at the
hearing.

44 The time and place for hearing the application
shall be fixed by the Judges, or by the Court
or a Judge, not less than a week after the
notice of the intention to apply has been given,
as hereinbefore provided; and notice of the time
and place appointed for the hearing shall be given
to such person or persons, if any, as shall have
given notice to the said Registrar of an intention to
apply to be substituted as petitioners, and otherwise
in such manner and at such time as the Judges, or
the Court or a Judge, directs.

45 Notice of abatement of a petition by death of
a petitioner or surviving petitioner, under section
twenty-four of the Act, shall be given by the
party or person interested, in the same manner as
notice of an application to withdraw a petition; and,
the time within which application may be made to
the Judges, or to the Court or a Judge, by motion or
summons at chambers, to be substituted as a petitioner
shall be one calendar month, or such further time as
upon consideration of any special circumstances the
Judges, or the Court or a Judge, may allow.

46 If the respondent dies, if he is summoned to
the Legislative Council, or if the House of Repres-
entatives have resolved that his seat is vacant, any
person entitled to be a petitioner under the Act in
respect of the election to which the petition relates
may give notice of the fact in the district by
causing such notice to be published in at least one
newspaper circulating therein, if any, and by leaving
a copy of such notice signed by him or on his behalf
with the Returning Officer, and a like copy with the
Registrar.

47 The manner and time of the respondent's giving
notice to the Judges that he does not intend to op-
pose the petition shall be by leaving notice thereof
in writing at the office of the Registrar, signed by
the respondents, ten days before the day appointed
for trial, exclusive of the day of leaving such notice.

48 The time for applying to be admitted as a
respondent in either of the events mentioned in the
twenty-fifth section of the said Act shall be within
ten days after such notice is given as hereinbefore
directed, or such further time as the Judges, or
the Court or a Judge, may allow.

Costs and Fees.

49 Costs shall be taxed by the Registrar upon the
order of the Judges who tried the petition, and
costs when taxed may be recovered by execution
issued upon such order, after making such order a
rule of the Supreme Court, and issuing execution
upon such rule against the person by whom the
costs are ordered to be paid; or, in case there be
money in the bank available for the purpose, then to
the extent of such money, by order of the Chief
Justice for the time being upon an office copy of the
rule of Court.

50 The office fees payable for inspection office copies
and other proceedings under the Act and these
rules shall be the same as those payable, if any, for
like proceedings according to the present practice of
the Supreme Court.

Miscellaneous.

51 In the event of its being necessary to commit
any person for contempt, the warrant may be as
follows:-

At a Court holden on , at , for the trial of
an election petition for the Electoral District of
before , two of the Judges of the Supreme Court
named for the trial of such petition pursuant to "The
Election Petitions Act, 1880."

WHEREAS A.B. has this day been guilty, and is by the said
Court adjudged to be guilty, of a contempt thereof: The said
Court does therefore sentence the said A.B., for his said con-
tempt, to be imprisoned in the public prison at for