Nov. 21.] THE NEW ZEALAND GAZETTE. 2549

quired that a bond should be entered into on behalf of the said petitioner, in accordance with the provisions of the said Act, for the purposes hereinafter mentioned: And whereas the Returning 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 election, 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 must be attested by one witness, who must sign his name, and add his residence and occupation.] { ………… } [Signature of each person opposite a seal, to be affixed at time of signature.] { ………… }

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 Wellington, 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 who are to constitute the Election Court he shall cause a notification thereof to be published in the New Zealand Gazette.

30. The time and place of the trial of each election petition shall be fixed by the Election Court or by either Judge thereof; 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:—

"The Electoral Act, 1902."

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 , 19 .

By order.

A. B.,

Registrar of the Supreme Court at .

33. The Election Court or either Judge thereof may from time to time, by order made upon the application of a party to the petition, or by notice to be given in such form as such Court or Judge 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 Election Court not having arrived at the place of trial 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 Election Court shall be necessary, but the trial shall be deemed adjourned, and may be continued from day to day until the trial is concluded.

36. All proceedings in connection with an election petition shall be intituled as follow, or to that effect:—

Election Court for the Trial of an Election Petition for the Electoral District of .

In the matter of "The Electoral Act, 1902."

Between { , Petitioner, and , Respondent [or as the case may be]. }

37. Before the day fixed for the trial of any petition, the Registrar at Wellington shall transmit the original petition, and all documents, instruments, and proceedings relating thereto, to the Registrar.

WITNESSES.

38. The Election Court or a Judge thereof may by summons require the attendance of any person as a witness at the trial of an election petition, and the summons may be in the following form, or to that effect:—

Election Court for the Trial of an Election Petition for the Electoral District of .

In the matter of "The Electoral Act, 1902."

Between { , Petitioner, and , Respondent [or as the case may be]. }

To A. B. [Describe the person].

You are hereby required to attend before the above Election Court, at [place], on the day of , at the hour of [or forthwith, 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.

Dated this day of , 19 .

, Judge.

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 petitioners 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 Electoral Act, 1902."

Electoral District of .

Petition of [State the petitioners], presented the day of , 19 .

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 , 19 .

(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 Electoral Act, 1902."

In the election petition for , in which is petitioner, and is respondent.

NOTICE is hereby given that the above petitioner has on the day of , 19, lodged at the office of the Registrar of the Supreme Court at notice of an application 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 , 19 .

(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 published by the petitioner, 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 Election Court, or the Supreme 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 such Court or Judge directs.

45. Notice of abatement of a petition by death of a petitioner or surviving petitioner, under section 213 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 such Court as aforesaid or 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 such Court or Judge may allow.

46. If the respondent dies, if he is summoned to the Legislative Council, or if the House of Representatives have resolved that his seat is vacant, any person entitled to be a petitioner under the Act in respect of the election to which