474. Whenever any petition is presented in a district in Non-resident which there is no resident judge, the judge to whom the dis- judge. trict is assigned shall, on notice from the prothonotary acquainting him with the day on which he should attend, be present in the court house in such district, as often as his presence is required for any proceeding on an election petition or relating thereto. 38 V., c. 8, s 14.

475. The judges of the Superior Court, or a majority of Rules. them, may, from time to time, make, revoke, or alter general rules or orders, for the effectual execution of this act, and of the intention and object thereof, for the regulation of the practice and procedure with respect to election petitions and the trial thereof, and for the certifying and reporting thereon 38 V., c. 8, s. 15.

476. Any rule, made in virtue of the preceding article and Effect of rules not inconsistent with this act, shall be deemed to be within

powers conferred by the provisions of this act, and shall, until revoked, have the same force as the provisions thereof. 38 V., c. 8, s. 16.

Assembly.

477. A copy of all rules and of all modifications made Submission to therein under article 475 shall be laid before the Legislative Legislative Assembly, within three weeks after they are made, if the Legislature be then sitting, and if the Legislature be not then sitting, within three weeks after the then next session of the Legislature.

election peti

Unless rules have been made in pursuance of this act, and Rules, &c., in all cases unprovided for by such rules when made, the governing principles, practice and rules, on which election petitions tions. touching the election of members of the House of Commons of Canada are dealt with, shall, so far as consistent with this act, be observed. 38 V., c. 8, ss. 17 and 18.

SECTION III.

PROCEDURE.

§ 1.-Presentation of Election Petitions.

478. An election petition may be presented :

1. By one or more electors, who were qualified to vote at Petitioner the election to which the petition relates or whose names

were entered on the lists of electors which availed at such

election; or

2. By one or more candidates at such election. 38 V,

c. 8, s. 19.

Form.

Allegations required.

Signature.

Delay.

Delay.

Mode of

479. The petition may be in any prescribed form; but, if or in so far as no form is prescribed, it need not be in any particular form. 38 V., c. 8, s. 20.

480. The petition must, however, in all cases complain of the undue election or return of a member, or that no return has been made, or that a double return has been made, or of matters contained in any special return made, or of some unlawful act by a candidate not returned, by reason whereof he may become ineligible, or of the unlawful conduct of any returning officer or deputy returning officer. 38 V., c. 8, s. 21.

481. The petition shall be signed by the petitioner, or, if there be more than one, by all the petitioners. 38 V., c. 8, s. 22.

482. The petition must be presented within thirty days, after the day of publication, in the Quebec Official Gazette, of the notice of election by the Clerk of the Crown in Chancery, under article 372, and not later. 38 V., c. 8, s. 23.

483. Nevertheless, if the petition question the validity of a return or election, upon a specific allegation of corrupt practice committed since the time of the return of election, such petition may be presented within thirty days after the date of the commission of the corrupt practice alleged, provided that such corrupt practice falls within the scope of articles 426 and 427. 38 V., c. 8, s. 24.

484. Presentation of a petition shall be made by deliverpresentation ing it at the office of the prothonotary during office hours. 38 V., c. 8, s. 25.

Security.

Amount andl deposit thereof.

485. At the time of the presentation of the petition the petitioner shall give security for the payment of all costs, charges and expenses that may become payable by him:

1. To any person assigned as a witness on his behalf;

2. To the member whose election or return is called in question;

3. To the returning officer or deputy returning officer, if their conduct be complained of;

4. To the candidate not elected, whose conduct is complained of. 38 V., c. 8, s. 26.

486. The security shall be one thousand dollars, and shall be given by a deposit of that sum with the prothonotary, who shall transmit the same to the office of the Provincial Treasurer, in the manner prescribed for judicial deposits.

The deposit shall be valid if made in gold coin or in notes of any incorporated bank, or in Dominion bonds or deben

tures.

The prothonotary shall give a receipt for such deposit, which shall be evidence of the sufficiency thereof. 38 V., c. 8, s. 27.

487. Several persons may be made respondents to the same Case of petition, and their cases may, for the sake of convenience, be several respondents, tried at the same time;

But, as regards the security required by the two preceding Proviso. articles, and for all other purposes of this act, such petition shall be deemed to be a separate petition against each respondent. 38 V., c. 8, s. 28.

officers.

488. Wherever an election petition complains of the conduct Petitions of any returning officer or deputy returning officer, such officers against shall, for all the purposes of this act, except the admission of respondents in their place under article 571, be deemed to be respondents. 38 V., c. 8, s. 29.

489. An election petition may be presented, or the trial Resignation thereof proceeded with, nothwithstanding the acceptance by of seat. the respondent of an office of profit under the Crown, or the resignation of his seat. 38 V., c. 8, s. 30.

490. The trial of an election petition may be proceeded Continuawith, notwithstanding the prorogation of the Legislature or tion. the dissolution of the Legislative Assembly. 38 V., c. 8, s. 31.

491. If one or more petitioners refuse or neglect to con- Idem. tinue the contestation, the other petitioners may, nevertheless, continue the proceedings. 38 V., c. 8, s. 32.

492. The prothonotary shall keep a special register or Plumitif. plumitif of all petitions presented under this act, and shall further draw up a list thereof in the order in which they were presented.

Such list shall be styled "List of Quebec controverted elec- List. tions." 38 V. c. 8, s. 33.

list.

493. The prothonotary shall keep at his office a copy of Access to the such list, open to the inspection of any persons making application.

38 V., c. 8, s. 34.

494. If more than one petition be presented, relating to the Case of same election and return, all such petitions shall be bracketed several petitions together on the list, and shall be dealt with, as far as may be, as one petition. 38 V., c. 8, s. 35.

Service.

Delay.

Delay extended.

Manner of service.

Delay to produce.

Copy.

Hearing and decision.

Effect of decision.

Delay to

answer

petition.

§ 2.-Service of Petition.

495. The petitioner shall cause each respondent to be served with a copy of the petition, a notice of the presentation thereof and of the security, and a copy of the receipt for the deposit required, within five days after the day on which the petition shall have been presented, or within the time prescribed. 38 V., c. 8, s. 36.

496. Such service may be made within such longer time, as the judge shall be entitled to grant, regard being had to the difficulty of effecting service, or to special circumstances. 38 V., e. 8, s. 37.

497. If the respondent or respondents cannot be served personally, or at their domicile, within the time granted by the judge, the service may be effected upon such other person or in such other manner as the judge, on the application of the petitioner, may appoint. 38 V., c. 8, s. 38.

498. The services required by the three preceding articles shall be made, as nearly as may be, in the manner in which a writ of summons is served in civil matters. 38 V., c. 8, s. 39.

§ 3. Preliminary Objections.

499. Within five days days after the service of the petition as herein before prescribed, the respondent may produce in writing any preliminary objections or grounds of insufficiency, which he may have to urge against the petitioner, or against the petition, or against any further proceeding thereon.

He shall, in such case, at the same time, file a copy of such objections or grounds, for the petitioner. 38 V., c. 8, s. 40.

500. The judge shall then hear the parties and their witnesses upon such objections and grounds, and shall decide the same in a summary manner.

Such judgment, if in favor of the petitioner, shall not be susceptible of being reversed, until the hearing on the merits before the Superior Court sitting in review; if, however, it have the effect of dismissing the petition, the case may be submitted to such court, upon inscription filed within the eight days following, and by observing the formalities prescribed in the case of inscription upon the merits. 38 V., c. 8, s. 41.

§ 4. Contestation on the Merits.

501. The respondent may file a written answer to the petition, together with a copy for the petitioner, within five days

after the decision upon the preliminary objections, if the same be not allowed, or on the expiration of the time for presenting the same, if none be presented. 38 V., c. 8, s. 42.

502. Whether such answer be or be not filed, the petition Issue joined. shall be held to be at issue after the expiration of the delays mentioned in the preceding article; the judge may, at any time thereafter, upon the application of either party, fix some convenient time and place for the trial of the petition. 38 V., c. 8, s. 43.

§ 5.-Trial.

503. Petitions inscribed on the list of controverted elec- Order of trial tions shall, as far as conveniently may be, be tried in the order in which they stand on such list. 38 V., c. 8, s. 44.

504. Every election petition shall be tried before a judge. Judge. The judge may, at such trial, decide any question raised as Powers as to to the admissibility of the evidence offered, or admit such evi- evidence. dence under reserve. 38 V., c. 8, s. 45.

505. The trial of an election petition shall take place in Place of trial. the electoral district for which the election or return is in question;

But, if owing to special circumstances, it appear desirable that the trial should be held elsewhere than in such electoral district, the judge may appoint such other place for the trial as may appear to him most convenient. 38 V., c. 8, s. 46.

506. The judge may appoint a clerk for the trial of an Special clerk. election petition at a distance from the chef-lieu.

Such clerk, on being sworn by the judge, shall have the Powers. same powers and obligations as the prothonotary would have had, if personally acting.

The fees of such clerk shall be payable in money. 38 V., Fees.

e. 8, s. 47.

507. The judge may, during the trial, adjourn the proceed- Adjournings from time to time, and from any one place to another, as ment. to him may seem most convenient. 38 V., c. 8, s. 48.

508. Witnesses shall be summoned and sworn, as nearly as Witnesses. circumstances will admit, in the same manner as in ordinary

cases within the jurisdiction of the Superior Court. 38 V., c. 8, s. 49.