Summons by order of judge. Short-hand writer. Obligation to answer. Protection. penses. 509. On the trial of an election petition, the judge may also by an order under his hand, compel the attendance of any person as a witness, whom he believes able to give any information respecting the election to which the petition refers. 38 V., c. 8, s. 50. 510. The judge may employ a short-hand writer to take down the depositions of the witnesses at the trial of the petition; and the costs, incurred thereby, shall be deemed to be costs in the cause. Such short-hand writer shall be sworn by the judge; and the transcribed notes given by him of the various depositions shall be drawn up and certified as correct by him, under the oath he has so taken. 38 V., c. 8, s. 51. 511. No person shall be excused from answering any ques-tion put to him, under this act, touching any election or the conduct of any person thereat or in relation thereto, on the ground that the reply to such question would render him. liable to legal proceedings under The Quebec Election Act; But no answer given by such person shall be used against him, in such proceeding, if the judge has given him a certificate that he claimed the right to be excused from answering on the grounds aforesaid, and made full and true answers to the satisfaction of the judge. 38 V., c. 8, s. 52. Witnesses' ex- 512. The reasonable expenses incurred by any person, in appearing to give evidence at the trial of an election petition, shall be allowed him, by a certificate signed by the judge or prothonotary, according to the scale of fees and expenses allowed witnesses in the Superior Court. 38 V., c. 8, s. 53. Proof of cor 513. Unless the judge otherwise directs, any charge of corrupt practice. rupt practices may be gone into and evidence in relation thereto received, before any proof has been given of participation on the part of any candidate or his agents, in respect of such corrupt practices. 38 V., c. 8, s. 54. Proof against didate. 514. On the trial of a petition, the respondent may give another can- evidence to show that any other candidate has been guilty of corrupt practice, in the same manner and with the same effect as if he had himself presented a petition complaining of such election or of the conduct of such candidate; Notice. But, before entering into such proof, the respondent shall give notice thereof to such candidate, if he be not already in the cause, who may cross-examine the witnesses against him. and produce others on his own behalf. 38 V., c. 8, s. 55. 515. The rules of evidence shall be those of the law of Rules of England, and article 275 of the Code of Civil Procedure shall proof. apply. 2. It shall not be necessary to produce the writ of election Parol or the proclamation or commission of the returning officer, but evidence. parol evidence of such facts shall constitute sufficient proof that the election has been held. 3. The archives, registers, journals and documents of the Archives, &c., various departments of the Legislature and all those public in proof. their nature, the keeping of which is required by law, as also official copies of and extracts from such papers or documents, shall be prima facie proof of the contents thereof. 38 V., c. 8, s. 56; 39 V., c. 14, s. 1. ings. 516. All proceedings respecting the trial of an election Suspension of petition shall, on the mere application of the sitting member, the proceedbe suspended, during the sessions of the Legislature of this Province, and during the eight days which precede and the three days which follow such sessions. 39 V., c. 14, s. 2. § 6-Special Examination of the Parties and other Persons. 517. Any party to an election petition, whether petitioner Examination or respondent, may, at any time after such petition is at issue, of parties. before or pending the trial, be examined in the manner hereinafter prescribed, by a party adverse in interest touching any matter or question raised by such petition. The party thus examined may be then further examined on his own behalf, touching any matter upon which he had been interrogated in the first instance. 38 V., c. 8, s. 57. whose in 518. When one of several petitioners or respondents has Examination been examined, any other petitioner or respondent united in of parties interest with him may be interrogated in his own behalf or terests are on behalf of those united with him in interest, to the extent as the party examined in the first instance. same common. held. Such explanatory examination shall be proceeded with im- When to be mediately after the interrogatories specified in the preceding article and not at any future period except by leave of a judge. 38 V., c. 8, s. 58. 519. If, by an election petition, the seat be claimed for a Examination candidate who is not a party to the petition, such candidate of another may be examined as if he were a petitioner. 38 V., c. 8, s. 59. candidate. 520. In the case of a preliminary examination, the inter- Before whom rogation or examination made under this act shall be held held. by or before a judge or an advocate named by the judge as special examiner. Parties summoned. Re-examination. Mode. Witnesses. Obligation to appear. Taxation. Prisoner examined. Notice. Contempt of court. Proviso. Objections of witness. Decision and costs there upon. Mode of tak 2. Every examination shall take place, the parties, their counsel, agents or attorneys being either present or summoned. 38 V., c. 8, ss. 60 and 61. 521. The party so examined shall be subject to cross-examination and re-examination. Such examination, cross-examination and re-examination shall be conducted as nearly as may be, in the mode now in use in causes in the Superior Court, subject however to the provisions of this act. 38 V., c. 8, s. 62. 522. Every party or other person may be summoned to appear for examination before the examiner by writ of subpana ad testificandum or duces tecum, in like manner as he might be at the trial of the petition. 2. Every party or other person, on whom such writ is served, shall be bound to attend before the examiner, and shall be entitled to be taxed for his appearance and his expenses, as if he had been summoned to appear at the time of the trial. 38 V., c. 8, ss. 63 and 64. 523. Every sheriff, gaoler, or other officer having the custody of any prisoner, shall, if ordered by any judge, bring such prisoner before the examiner to be examined. 38 V., c. 8, s. 65. 524. Forty-eight hours' notice of any such examination or cross-examination shall be given to the parties to the suit, or their attorneys, agents or counsel. 38 V., c. 8, s. 66. 525. Any party, or other person, refusing or neglecting to attend at the time and place appointed for his examination or cross-examination, or refusing to be sworn, or to answer any lawful question put to him by the examiner, or by any party entitled so to do, or his counsel, agent or attorney, may be punished by the judge, as for contempt of court, subject to the application of article 511. 38 V., c. 8, s. 67. 526. If any witness object to any question which may be put to him, the question, as well as the objection, shall be taken down in writing by the examiner, and transmitted by him to the office of the prothonotary to be there filed. The judge shall decide on the validity of such objection; and the costs of such objection shall be in the discretion of the judge. 38 V., c. 8, s. 68. 527. The depositions, taken upon such examination, shall be ing down de- taken down in writing by the examiner, not ordinarily by positions. question and answer, but in the form of a narrative. Signature. When they are completed, they shall be read over to the witness, and signed by him in the presence of the parties, or of such of them as may think fit to attend. 38 V., c. 8, s. 69. 528. If the witness refuse or be unable to sign, mention If witness rehereof shall be made at the end of his deposition, and the fuse to or cannot sign. examiner shall sign the same. 38 V., c. 8, s. 69. 529. The examiner may, on each examination, report any Special fact. special fact, which he may deem advisable. 38 V., c. 8, s. 70. tion or an 530. The examiner may, in his discretion, put down in Special queswriting any particular question or answer, if there be any gwer. special reason for so doing. 38 V., c. 8, s. 71. parties. 531. If any questions be objected to by any of the parties, Objection by the examiner shall, without however deciding, note the objection on the deposition. 38 V., c. 8, s. 72. 532. When the examination before the examiner shall have Depositions concluded, the depositions shall, after having been authen- transmitted. ticated by his signature, be transmitted by the examiner to the office of the prothonotary to be there filed. Any party to the petition may obtain copies of such deposi- Copies may tions upon payment of the sum prescribed. 38 V., c. 8, s. 73. be obtained. tions. 533. Any party to a petition may declare in writing, at the Use of deposicommencement of the trial of the petition, his intention to use depositions taken by or before the examiner. 38 V., c. 8, s. 74. order. § 7.-Demand for the Production of Documents. 534. Any party to any election petition, whether petitioner Production or respondent, may, at any time after such petition is at issue, before or pending the trial thereof, obtain an order from a judge requiring the adverse party to produce, within a delay of ten days after the service of the rule, under oath, at the office of the prothonotary, all documents in his custody or power relating to the matters in question, saving all lawful exceptions. 38 V., c. 8, s. 75. 535. The rule referred to in the preceding article shall be a Nature of rule in the nature of a rule of course. 38 V., c. 8, s. 76. order. 536. It shall not be necessary that this rule be served on the Service. party personally; the service made on the counsel, agent or attorney of the party shall be sufficient. 38 V., c. 8, s. 77. 537. The affidavit to be made by the party producing the Oath. documents may be in the form annexed to this act, or in other terms equivalent, as required by the facts. 38 V., c. 8, s. 78. 538. Any party neglecting or refusing to obey a rule for Refusal. he production of documents may be punished as for contempt of court. 38 V., c. 8, s. 79. Use of documents. Exception. Inscription. Payment required therewith. Notice. Composition of the court. Place of hearing. Transmission of record. 539. When the documents demanded shall have been filed at the office of the prothonotary, the party requiring such production, or his counsel, agent or attorney, may inspect the same and obtain certified copies thereof. 38 V., c. 8, s. 80. 540. If the party from whom such documents are demanded wish to avail himself of any lawful exception, he must, when producing the documents, assign sufficient reasons, supported by his affidavit, to show that he should not be held to produce them. 38 V., c. 8, s. 81. § 8.-Inscription and Judgment. 541. Any party to an election petition may, on the conclusion of the trial, forthwith file, at the office of the prothonotary of the district in which the petition has been presented, an inscription for hearing before the Superior Court, sitting in review. This inscription shall be accompanied, if the petition have been presented elsewhere than at Quebec or Montreal, by the payment to the prothonotary of a sum of ten dollars for making up and transmitting the record. 38 V., c. 8, s. 82. 542. Notice of the inscription shall be given to each adverse party. 38 V., c. 8, s. 83. 543. The Superior Court, sitting in review, shall, for the hearing of all causes to be heard under this act, when practicable, be composed of the judge who has presided at the trial and of two other judges. 38 V., c. 8, s. 84. 544. The hearing of causes instituted in virtue of this act, in the judicial districts of Quebec, Three Rivers, Saguenay, Chicoutimi, Gaspé, Rimouski, Kamouraska, Montmagny, Beauce and Arthabaska, shall be had in the city of Quebec. That of causes instituted in the judicial districts of Montreal, Ottawa, Terrebonne, Joliette, Richelieu, Saint Francis, Bedford, Saint Hyacinthe, Iberville and Beauharnois, shall be had in the city of Montreal. 38 V., c. 8, s. 85. 545. If the trial have been held in any district other than those of Quebec and Montreal, the record, with a copy of all orders rendered in the cause, shall be transmitted, by registered mail, to the prothonotary of the Superior Court at Quebec or Montreal, as the case may be, who shall enter them in a special plumitif or register. The record and the orders so transmitted shall remain of record in the office of the prothonotary receiving the same 38 V., c. 8, s. 86. |