✨ Legal Rules & Procedures
2550
THE NEW ZEALAND GAZETTE.
[No. 97
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.
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The manner and time of the respondent’s giving notice that he does not intend to oppose 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.
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The time for applying to be admitted as a respondent in either of the events mentioned in the 214th section of the said Act shall be within ten days after such notice is given as hereinbefore directed, or such further time as such Court as aforesaid or Judge may allow.
COSTS AND FEES.
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Costs shall be taxed by the Registrar upon the order of the Election Court, 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 the Supreme Court.
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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.
- In the event of its being necessary to commit any person for contempt, the warrant may be as follows:—
At a Court held 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 Electoral Act, 1902.”
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 contempt, to be imprisoned in the public prison at __ for __ calendar months, and to pay to our Lord the King a fine of £__, and to be further imprisoned in the said prison until the said fine be paid: And the Court further orders that all constables and officers of the peace where the said A. B. may be found shall take the said A. B. into custody, and convey him to the said prison, and there deliver him into the custody of the keeper thereof to undergo his said sentence: And the Court further orders the said keeper to receive the said A. B. into his custody, and that he shall be detained in the said prison in pursuance of the said sentence.
Witness our hands this __ day of __, 19____.
A. D., }
C. E., } Two of the Judges of the said Court named as above mentioned.
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Such warrant may be made out and directed to all constables and officers of the peace of the place where the person adjudged guilty of contempt may be found; and such warrant shall be sufficient without further particularity, and shall and may be executed by the persons to whom it is directed, or any or either of them.
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Any person whose name is upon the roll of solicitors for the time being, and being in actual practice, shall be entitled to appear and act upon behalf of any petitioner or respondent, or for any other person, in any proceeding whatsoever under the Act or these rules.
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A solicitor employed for the petitioner or respondent shall forthwith leave written notice at the office of the Registrar of his appointment to act as such solicitor; and service of notices and proceedings upon such solicitor shall be sufficient for all purposes.
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No proceedings under the Act shall be defeated by any formal objection.
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All days set apart or declared to be holidays of the Supreme Court under the rules of the said Court, in its ordinary jurisdiction, shall be deemed to be holidays for the purposes of these rules.
And in computing time for the doing of any act or taking any proceeding under these rules, time shall be reckoned in the manner prescribed by the said rules or practice of the Supreme Court.
- In any matter not provided for by these rules, the rules of practice and procedure of the Supreme Court shall, as far as practicable, be followed.
Given under our hands, this 20th day of November, 1902.
ROBERT STOUT, C.J.
J. E. DENNISTON, J.
THEO. COOPER, J.
By Authority: JOHN MACKAY, Government Printer, Wellington.
✨ LLM interpretation of page content
⚖️
Rules for Election Petitions under the Electoral Act 1902
(continued from previous page)
⚖️ Justice & Law Enforcement20 November 1902
Election Petitions, Electoral Act 1902, Supreme Court, Rules, Costs, Fees, Contempt, Warrant, Solicitor, Legal Procedure, Holidays, Practice Rules
- Robert Stout, C.J.
- J. E. Denniston, J.
- Theo. Cooper, J.
- John Mackay, Government Printer
NZ Gazette 1902, No 97