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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00010
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: February 28, 1958
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
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Bibliographic ID: UF00076857
Volume ID: VID00010
Source Institution: University of Florida
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    Legal Supplement
        B-102
    Legal Supplement: Statutory Instrument No. 8 of 1958: The Federal Legislature (Membership Controversies) Rules, 1958
        B-103
        B-104
        B-105
        B-106
        B-107
        B-108
        B-109
        B-110
        B-111
        B-112
        B-113
        B-114
        B-115
        B-116
        B-117
        B-118
        B-119
        B-120
        B-121
        B-122
        B-123
Full Text














The West Indies Gazette


VOL. 1 FRIDAY, 28TH FEBRUARY, 1958 No. 10



TABLE OF CONTENTS
GAZETTE NOTICES
No. PAGE
21 Appointment of Auditors ... .. ... 21 I 7 1


LEGAL SUPPLEMENT
PART II-STATUTORY INSTRUMENTS
No. PAGE
8 of 1958 The Federal Legislature (Member-
ship Controversies) Rules, 1958... 102




21
APPOINTMENT OF AUDITORS
THE Director of Audit of Trinidad and Tobago has been appointed to audit the accounts of The West Indies
as from the 3rd January, 1958.


GOVERNMENT PRINTING OFFICE, TRINIDAD, B.W.I.-1958


3c~8. 7L7
h.. ) J )

























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 28th FEBRUARY, 1958. No. 10


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No:
8 of 1958 The Federal Legislature (Membership Controversies)
Rules, 1958.


Page

103


x
3 & 7. 7-7
GO 5 a~









103 The Federal Legislature (Membership Controversies) Rules, 1958


THE WEST INDIES


STATUTORY INSTRUMENT No.'8 of 1958.


THE FEDERAL LEGISLATURE (MEMBERSHIP CONTROVERSIES)
RULES, 1958.

Made by the Chief Justice under articles 85 and 110 of the
Constitution of The West Indies and under regulation 42 of the
Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.


TABLE OF CONTENTS

ORDER I


Short title.
Interpretation.
Fees of Court.
Legal practitioners' fees.
Taxation of costs.
Right of audience.
Place of trial or hearing.


Preliminary


ORDER II
Representation Petitions
Form of representation petitions.
Presentation and publication of representation petitions.
Solicitor's address for service.
Petitioner's address for service.
Deputy registrar's right to refuse petition.
Filing and record of proceedings.
Inspection of record.
Person to whom copy of petition must be sent and publication of
petition.
Notice of presentation of petition and of proposed security.
Address for service of member of Legislature.
Service of petition.
Recognizances for security for costs.
Security for costs by deposit.
Time prescribed for notice of objection to security.
Summons to determine objection to recognizance.
Time within which to make the security sufficient.
Costs of proceedings to determine objection.
Costs where no justification of sureties.
Enforcing Registrar's order as to costs.
Particulars' of objections to votes by petitioner.









The Federal Legislature (Membership Controversies) Rules, 1958 104

21. Particulars of objections to votes by respondent.
22. Application for particulars.
23. Procedure on applications made under the Regulations and these
Rules.
24. Varying or discharging order of Judge.
25. Cause list of petitions.
26. Title of proceedings.
27. Notice of time and place of trial.
28. Adjournments.
29. Officer prescribed for the purposes of regulation 13(1) of the
Regulations.
30. Powers and duties of deputy registrar.
31. Notice of intention to withdraw petition.
32. Substitution of another petitioner.
33. Time and place for hearing application.
34. Notice of abatement of petition.
35. Notice of intention not to oppose petition.
36. Time within which to apply for admission as respondent.

ORDER II
Vacancy Petitions
1. Forms of vacancy petitions and prescribed matters.
2. Persons to whom copies of petitions must be sent.
3. Application of certain rules to proceedings on vacancy petition.

ORDER IV
Speaker's Election and Vacation of Office
1. Form of reference and prescribed matters.
2. Security for costs.
3. Notice of hearing.
,4. Procedure on reference.


The Chief Justice in exercise of the powers conferred upon him by
articles 85 and 110 of the Constitution of The West Indies and by
regulation 42 of the Legislature (Appointment, Election and Membership
Controversies) Regulations, 1958, and of all other powers him thereunto
enabling, hereby makes the following rules:-

ORDER I
Preliminary
1. These Rules may be cited as the Federal Legislature (Member- Short title
ship Controversies) Rules, 1958, and shall come into operation on the
first day of March, 1958. They shall apply to all proceedings to
determine any of the questions referred to in article 42 of the Constitution
taken on or after that day.
2. (1) The provisions of the Interpretation Regulations, 1958, shall, Interpre-
unless inconsistent with the context or with any definition contained in station.
paragraph (2) of this rule, apply to the interpretation of these Rules.









105 The Federal Legislature (Membership Controversies) Rules, 1958

(2) Unless inconsistent with the context, the expressions used in
the Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958, (in these Rules referred to as the Regulations) shall
have the same meaning when used in these Rules.
(3) In these Rules-
"Central Registry" means the registry of the Federal Supreme
Court under the direct supervision and control of the
Registrar;
"Court" means the Federal Supreme Court;
"deputy registrar" means the deputy-registrar of the Court
in the Territory for which the person to whom the petition
relates was appointed, or for an electoral area for which
the election to which the petition relates was held, as the
case may be, and
"sub-registry" means the registry of a deputy registrar;
"election petition" means a representation petition in respect
of an election to the House of Representatives;
"Judge" means a Judge of the Court;
"petition" means a petition presented under the Regulations;
"Registrar" means the Registrar of the Federal Supreme
Court;
"returning officer" means the returning officer of the electoral
area where the election was held to which the petition
relates.
Fees of 3. (1) Subject to the provisions of paragraph (2) of this rule, the
Court. fees prescribed in Appendix B shall be charged in respect of the matters
to which they are respectively assigned.
(2) Where a vacancy petition is presented to the Court under
the authority of a resolution of the Senate or of the House of Repre-
sentatives, and where a reference of a question as to the election of a
Speaker or the vacation of his office is referred to the Court by the
authority of the House of Representatives, no fees shall be chargeable
under this rule; and no fees of Court under this rule shall be payable
by the Attorney General.
(3) Where the costs of any proceedings brought under the
Regulations are ordered to be paid by a party to the proceedings other
than the persons referred to in the preceding paragraph, such costs shall,
unless the Court otherwise orders, include the amount of any fees
,which would have been payable by the persons referred to in the
preceding paragraph but for the provisions of that paragraph.
Legal 4. The Taxing Officer when taxing the fees for professional legal
practi- services in proceedings under the Regulations shall, so far as the same
toners' are applicable, adhere to the provisions of Order II, rules 30 and 31
of the Federal Supreme Court (Appeal) Rules, 1958.
Taxation 5. So far as the same are applicable, the provisions of Order II,
of costs. rule 32 of the Federal Supreme Court (Appeal) Rules, 1958, shall apply
to the taxation of costs upon proceedings brought under the Regulations
provided that an appeal from the decision of the Taxing Officer shall
be to a single Judge only.








The Fedeclral Le.fislat/irc (ilembership Controversics) Rules. /958' 106


(. In all proceedings iinder the liegulations, the parties imay Right of
appear in person or be represented by any person- audience.
(a) (in the case of a representation petition or of a vacancy
petition) who has a right of audience in any proceedings
before the superior court of the Territory for which the
member whose seat is in question was appointed or
elected, or
(b) is a member of one of the Inns of Court and has the right
of audience before a superior court of a Territory.
7. In any proceedings under the Regulations the Registrar when Place of
giving notice of the place of trial or hearing shall do so in accordance trial or
with directions special to the proceedings or general received from the hearing.
Chief Justice.
ORDER II
Representation Petitions
1. A petition in respect of an appointment to the Senate shall be Form of
in Form 1 and a petition in respect of an election or return to the House represen-
of Representatives shall be in Form 2 in Appendix A to these Rules, station peti-
shall contain the particulars required therein and shall be signed by tions
the petitioner.
2. When complying with paragraph (4) of regulation 4 of the Presenta-
Regulations, the petitioner shall leave four copies of the petition with the tion and
deputy registrar. publica-
tion of
represent
station peti-
tions.

3. The solicitor of a petitioner who presents a petition through a Solicitor's
solicitor shall indorse upon the petition before the same is presented address for
the address of his place of business and also a proper place to be called service.
his address for service where all notices, summonses, orders and other
documents may be left for him which address shall be within five miles
of the sub-registry where the petition is presented.
4. A petitioner presenting a petition in person shall indorse upon Petitioner's
the petition before presenting the same some proper place to be called address for
his address for service where all notices, summonses, orders and other service.
documents may be left for him which address shall be within five
miles of the sub-registry where the petition is presented.
5. A deputy registrar shall refuse to accept any petition presented Deputy
to him which does not comply with rules 1 and 2 and either with rule 3 registrar's
or rule 4 of this Order. right to
refuse
petition.

6. (1) All petitions, notices, summonses, orders or other documents Filing and
filed in or issued from a sub-registry pursuant to proceedings instituted record of
under the Regulations shall be stamped with the seal of that registry proceed-
ings.
and shall bear the date of the filing or issuing thereof.gs.
(2) Subject to the provisions of any other rule, all such documents
shall be brought into the registry together with a copy thereof, The








107 The Federal Legislature (Membership Controversies) Rules, 1958

original and the copy shall be sealed with an official seal, whereupon the
original shall be filed and the copy handed out to the party filing the
same. Such a sealed copy shall be evidence of the contents of the original
filed and such sealed copy shall be produced at all times when required
by the Court or a Judge or by the Registrar.
(3) The deputy registrar shall keep a record book of all pro-
ceedings brought under article 42 of the Constitution and under the
Regulations. The-record book shall contain-
(a) the number of the petition and the subject matter;
(b) the names of the parties and their address for service;
(c) interlocutor applications, the nature, date of filing, deter-
mination and date thereof;
(d) the date and place of trial;
(e) the names of counsel;
(f) the decision of the Court.
Inspection 7. The file of proceedings and the record book kept by a deputy
of record. registrar pursuant to rule 6 shall be open to inspection by any person
during office hours.
Person to 8. The deputy registrar shall upon presentation of the petition
whom copy forthwith-
of petition
must be (a) send a copy of the petition where the petition relates to
sent and an appointment to the Senate, to the Attorney General;
publication and where the petition relates to an election to the House
of Representatives, to the returning officer concerned; and
(b) exhibit the petition .on a notice board outside his registry
and cause the petition to be published in a newspaper
circulated in the Territory or electoral area in respect
of which the member of the Legislature whose appoint-
ment or election is in question sits.
The cost of publication of this and any other matter required to be
published by the returning officer shall be paid by the petitioner or
person moving in the matter and shall form part of the general costs
of the petition.
Notice of 9. (1) The time for giving notice of the presentation of a petition
presenta- and of the nature of the proposed security shall be five days, exclusive
etiton and of the day of presentation.
of proposed (2) The petitioner or his agent shall, immediately after notice
security. of the presentation of a petition and of the nature of the proposed
security shall have been served, file with the deputy registrar an affidavit
of the time and manner of service thereof.
Address for 10. (1) Any person appointed to the Senate or returned as a member
service of of the House of Representatives may at any time after his appointment
member of or return leave at the sub-registry of the Territory in respect of which
Legislature. lie is appointed or returned--
(a) an address for service at any place within five miles of
the sub-registry;
(b) the name and address of a solicitor who will act for
such person in case there should be a representation
petition against him.








ihc FIederal Legislatire' (Membership Controversies) Rules, 1958 108


(2) When a petition or a copy thereof is served upon a respondent
other than the holder of a public office made respondent as such, he shall,
unless he has; already complied with paragraph (1) of this rule, within
five days of such service deliver or leave at or send to the deputy-
registrar and to the petitioner an address for service at a place referred
to in paragraph (a) or (b) of the preceding paragraph. All notices,
summonses, orders or other documents in the proceedings consequent on
the petition shall, if the respondent fails to comply with the provisions
of this paragraph, be deemed well served upon him if filed in the office
of the deputy registrar.
11. (1) Where the respondent has named a solicitor or given an Service of
addre-s, the service of an election petition may be by delivery of it to petition.
the solicitor, or by posting it in a registered letter to the address given
at such time, that, in the ordinary course of post, it would be delivered
within the prescribed time.
In other cases the service must be personal on the respondent unless
a Judge, on an application made to him not later than five days after
the petition is presented on affidavit showing what has been done, shall
be satisfied that all reasonable effort has been made to effect personal
service and cause the matter to come to the knowledge of the respondent,
including when practicable, service upon a solicitor, in which case the
judge may order that what has been done shall be considered sufficient
service, subject to such conditions as he may think reasonable.
(2) In case of evasion of service the posting of a notice in the
office of the deputy registrar of the petition having been presented,
stating the petitioner, the prayer, and the nature of the proposed
security, shall be deemed equivalent to personal service if so ordered
by a Judge.
12. (1) The recognizances giving security for costs as provided in Recogni-
regulation 6 of the Regulations shall with such variations as circumstances zances for
may require, be in Form 3 of Appendix A of these Rules and may be security for
costs.
acknowledged before the Registrar, a deputy registrar or before a
magistrate or justice of the peace in the Territory where the petition is
presented. There may be one recognizance acknowledged by all the
sureties, or separate recognizances by one or more as may be convenient.
(2) The recognizance or recognizances shall forthwith after
being acknowledged be left at the deputy registrar's office by or on
behalf of the petitioner in like manner as before prescribed for the
leaving of a petition.
13. (1) The deposit of money by way of security under regulation 6 Security for
being acknowledged be left at the deputy registrar's office by or on costs by
the sum deposited with the Accountant General of the Territory in the deposit.
special account of the Federal Financial Secretary specifying the petition
to which such deposit relates and shall give to the petitioner a receipt
for the same.
(2) The deputy registrar shall keep a book open to inspection
by all parties concerned in which shall be entered from time to time
the amount of each deposit and the petition to which it is applicable.
(3) All claims to money deposited shall be disposed of by a Judge
upon application by summons.








109 The Federal Legislature (Men bership Controversies) Rules, 1958

(4) Money so deposited shall, if and when the same is no longer
needed for securing payment of such costs, charges, and expenses, be
returned or otherwise disposed of as justice may require, or order of a
Judge.
(5) Such order may be made after such notice of intention to
apply, and proof that all just claims have been satisfied or otherwise
sufficiently provided for as the Judge may require.
(6) The order may direct payment either to the party in whose
name the same is deposited or to any person entitled to receive the same.
Time 14. (1) The time for giving notice to the petitioner of any objection
prescribed to any recognizance under regulation 8 of the Regulations shall be
for notice
of objection within ten days from the service of the notice of the presentation of the
to security, petition and of the nature of the proposed security.
(2) An objection to the recognizance must state the ground or
grounds thereof, as that the sureties, or any and which of them, are
insufficient, or that a surety is dead, or that he cannot be found, or that
a person named in the recognizance has not duly acknowledged the same.
Summons to 15. (1) Any objection made to the security shall be heard and decided
determine
objection to by the deputy registrar upon summons, taken out by either party to
recogni- declare the security sufficient or insufficient.
zance.
(2) Such hearing and decision may be either upon affidavit or
,personal examination of witnesses, or both, as a deputy registrar may
think fit.
Time within 16. If by order made upon such summons an objection be allowed
which to and the security be declared insufficient, such deputy registrar or Judge
make the shall in such order state what amount he deems requisite to make the
security
sufficient, security sufficient, and the further prescribed time to remove the objection
by deposit shall be within five days from the date of the order, not
including the day of the date, and such deposit shall be made in the
manner already prescribed.
Costs of 17. The costs of hearing and deciding the objections made to the
proceedings security given shall be paid as ordered by such deputy registrar or
to determine
objections judge, and in default of such order shall form part of the general costs
of the petition.
Costs where 18. (1) The costs of hearing and deciding an objection upon the
no justifi- ground of insufficiency of a surety or sureties shall be paid by the
cation of petitioner, and a clause to that effect shall be inserted in the order
sureties, declaring its sufficiency or insufficiency, unless at the time of leaving
the recognizance with the deputy registrar there be also left with the
deputy registrar an affidavit of the sufficiency of the surety or sureties
sworn by each surety.
(2) With such variations as circumstances may require, the
affidavit shall be in Form 4 of Appendix A.
Enforcing 19.. The order of the deputy registrar for payment of costs shall
Registrar's have the same force as an order made by a Judge, and may be made a
order as toand enforced in like inner as a Judge's order.
costs, rule of the Court and enforced in like manner as a Judge's order.









T'he Federal Legislature (Mcinbership Controversies) Rules, 1958 110


20. When upon an election petition a petitioner claims the seat for Particulars
an unsuccessful candidate, alleging that he had a majority of lawful of objec-
votes, the party complaining of or defending the election or return shall, tons to
six days before the day appointed for trial, deliver to the deputy petitioner.
registrar, and also at the address, if any given by the petitioners and
respondent, as the ease may be, a list of the votes intended to be objected
to, and of the heads of objection to each such vote, and the deputy
registrar shall allow inspection and office copies of such copies of such
lists to all parties concerned; and no evidence shall be given against the
validity of any vote, nor upon any head of objection not specified in
the list, except by leave of the Court or Judge, upon such terms as to
amendment of the list, postponement of the inquiry, and payment of
costs, as may be ordered.
21. (1) On the trial of a petition complaining of an undue return Particulars
and claiming the seat for some person, the respondent may give evidence of objec-
tions to
to prove that the election of such person was undue in the same manner votes by
as if he had presented a petition complaining of such election, respondent.
(2) Where a respondent intends to give the evidence as stated
in paragraph (1) of this rule, he shall, six days before the day appointed
for trial, deliver to the deputy registrar, and also at the address, if
any, given by the petitioner, a list of the objections to the election upon
which he intends to rely, and the deputy registrar shall allow inspection
and office copies of such lists to all parties concerned; and no evidence
shall be given by a respondent of any objection to the election not
specified in the list, except by leave of the Court or Judge, upon such
terms as to amendments of the list, postponement of the inquiry, and
payment of costs, as may be ordered.
22. (1) Evidence need not be stated in the petition, but the Court Application
or a Judge may upon application order such particulars as may be for particu-
necessary to prevent surprise and unnecessary expense, and to ensure lars.
a fair and effectual trial and upon such terms as to costs and otherwise
as may be ordered.
(2) Before applying for particulars the party desiring the same
shall by letter request the petitioner to furnish the required particulars
within five days, and a summons for particulars shall not issue until
the expiration of that time.
23. (1) Every summons or other application in proceedings under the Procedure
Regulations or these Rules shall be taken out or made in the sub-on applica-
registry where the petition was presented. tider the
(2) Subject to the provisions of paragraph (3) of this rule all Regulations
applications, including applications for a special case under regulation and these
16 of the Regulations, shall be determined summarily by a Judge who
may, if he thinks fit, hear the parties to the application.
(3) Objections to the security for costs shall be heard and deter-
mined by the deputy registrar and also all other applications if there
is no judge in the Territory when the application is made and the Chief
Justice directs that the application be heard and determined by the
deputy registrar: provided that such a direction shall only be given
if the chieff Justice is satisfied that there would be undue delay and
inconvenience if the application were nol dealt witll by the deputy
registrar.










111 The Federal Legislature (Membership Controversies) Rules, 1958


(4) Any person aggrieved by a decision of the deputy registrar
may within five days apply by notice in writing to the deputy registrar
to have the decision reviewed by a Judge and the deputy registrar shall
transmit to a Judge copies of any petition, notices, sunmonses, affidavit
or other document before him on the application together with the reasons
for his decision.
(5) Such Judge may discharge or vary the order of the deputy
registrar and before doing so may, if he thinks fit, hear the parties
on the application.
Varying or
discharging 24. No appeal shall lie from the order of a Judge upon any appli-
order of cation but every such order may be discharged or varied by the Judge,
Judge. who tries the petition to which the order relates.
Cause list 25. (1) Each deputy.registrar shall forthwith inform the Registrar
of petitions.by telegram-
(a) of the presentation of a representation petition stating
the name of the petitioner and the prayer and the nature
of the security for costs; and
(b) when the time for notice of objection to a recognizance
has expired, or when such objection (if any) has been
determined, and (if allowed) when a deposit to make the
security sufficient has been made; or when the time for
making such deposit has expired; and
(c) of any notice or application made to the deputy registrar
or a Judge and the nature of the application; and
(d) when such application is determined and the order then
made.
(2) The Registrar shall keep a cause list of petitions which shall
contain all information furnished by the deputy registrar under
naraaraph (1) of this rule, and shall be open to inspection at the
Registrar's office at any time during office hours.
Title of 26. It shall be sufficient to entitle all proceedings in respect of a
rrepresentation petition as is prescribed in Form 5 of Appendix A.
Notice of
time and 27. (1) The time and place of ith trial of a petition shall be fixed
place of bv Ilie Registrar after consultation with the Chief JuIstice and notice
trial, thereof shall be given in writing bv posting the notice outside the Central
Registry and by sending to the deputy registrar concerned a telegram
stating the place and time of trial.
(2) On receiving the telegram mentioned in the preceding
paragraph of this rule, the deputy registrar shall give notice in writing
of the time and place of trial by posting a notice of trial outside his
office, sending one copy by post to the address given by the petitioner,
another to the address given by the respondent, if any, and a copy by
the post to the returning officer fifteen days before the day appointed
for the trial.
(3) The posting of the notice of trial at the office of the deputy
registrar shall be deemed and taken to be notice in the prescribed manner
within the meaning of the Regulations, 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,









The Federal Legislature (Membership Controversies) Rules, 1958 112


(4) The notice of trial may be in Form 6 of Appendix A.
28. (1) A Judge may from time to time, by order upon the appli-Adjourn-
cation of a party to the petition, or by notice in such form as the Judge i'ents.
may direct postpone the commencement of the trial to such day as he
may name. In the ease of an election petition, such notice or order shall
be sent to the returning officer and when received shall be forthwith
made public by the returning officer.
(2) In the event of the Judge not having arrived at the time
appointed for the trial, or to which the trial is postponed, the commence-
ment of the trial shall ipso facto stand adjourned to the ensuing day,
and so from day to day.
(3) No formal adjournment of the Court for the trial of an election
petition shall be necessary, but the trial is to be deemed adjourned, and
may be continued from day to day until the inquiry is concluded; and in
the event of the Judge who begins the trial being disabled by illness
or otherwise, it may be recommended and concluded by another Judge.

29. The officer who by a certificate may allow witnesses' expenses Officer pres-
under paragraph (1) of regulation 13 of the Regulations shall be the cribed for
t [ithe purposes
deputy registrar to whom the petition was presented. of regula-
tion 13(1) of
the Regula-
tions.
30. The deputy registrar to whom tlie representation petition was Powers and
presented shall attend the trial of such petition and shall by himself, (uties of
deputy
or in case of need, his sufficient deputy, perform all functions incident registrar.
to the officer of a court of record and also such duties as may be pre-
scribed to him.

31. (1) Notice of application for leave to withdraw a representation Notice of
petition shall be in writing and signed by the petitioner or his solicitor intention to
and shall be sufficient if given in Form 7 of Appendix A and left at the withdraw
office of the deputy.registrar and a copy of such notice shall be served petition.
on the respondent and sent (in the case of an election petition) to Ih'
returning officer.
(2) The petitioner shall forthwitl also publish inl a newspaper-
circulating in the Territory or electoral area (as the case may be) a
notice of his intention to apply for leave to withdraw his petition; and
:in the case of an election petition the returning officer shall make it
public in the Territory or electoral area to which it relates.
(3) Publication by the returning officer and by the petitioner shall
be sufficient if given in Form 8 in Appendix A.

32. Any person who might have been a petitioner in respect of the Substitution
election to which the petition relates, may within five days after such of another
notice is published by the returning officer, give notice in writing, signed petitioner.
by him or on his behalf, to the deputy registrar, of his intention to apply
at the hearing to be substituted for the petitioner but the want of such
notice shall not defeat such application, if in fact made at the hearing,












Time and
place for
hearing
application.



Notice of
abatement
of petition.






Notice of
intention
not to
oppose
petition.


113 h FIederal Legislature (1cilcmbrslip Conlroversies) Rules, 1958


33. The time and place for hearing the application shall be fixed
by the deputy registrar 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 deputy registrar of an
intention to apply to be substituted as petitioners.

34. Notice of abatement of petition, by death of the petitioner or
surviving petitioner, 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 a Judge, to be
substituted as a petitioner, shall be one calendar month, or such further
time as upon consideration of any special circumstances a Judge may
allow.
35. (1) The manner and time of the respondent's giving notice to the
Court that he does not intend to oppose an election petition, shall be
by leaving notice thereof in writing at the office of the deputy registrar,
signed by the respondent, six days before the day appointed for trial,
exclusive of the day of leaving such notice.


(2) Upon such notice being left at the deputy registrar's office,
the deputy registrar shall forthwith send a copy thereof by the post to
the petitioner or his solicitor, and to the returning officer, as the case
may be, who shall cause the same to be published in the Territory or
electoral area (as the case may be).
Time within 36. The time for applying to be admitted as a respondent inl either
which to of the events mentioned in paragraph (1) of regulation 23 of the
apply for
admission Regulations shall be within ten days after such notice is given as here-
as respon- inbefore directed, or such further time as a Judge may allow.
dent.
ORDER III
Vacancy Petitions
Forms of 1. A petition in respect of a vacancy in the Senate or in the House
aatitions of Representative shall be in Form 9 or in Form 10 of Appendix A as
and pres- the case may be and shall contain the particulars required therein and
cribed be signed by the petitioner.
matters.
Persons The deputy registrar shall upon presentation of a vacancy
to whom petition-
copies of
petitions (a) send a copy of the petition to the Registrar and
must be (i) where the petition relates to a seat in the Senate,
sent. to the President of the Senate and to the Attorney
general ; and
(ii) where the petition relates to a seat in the House of
Representatives, to the Speaker;
(h) cause the same to be published in the Gazette and a news-
paper circulating inl the Territory or electoral area in
respect of which Ite lmemhber of the Legislature whose
election is in question sits; and shall exhibit the same
on a notice board outside his registry.









The Federal Legislature (Mlcinbership Controversies) Rules, 1958 114


3. Subject to such modification, and adaptations as may be Application
necessary for the purpose, the following provisions of these Rules shall of certain
rules to
so far as they are applicable have effect in relation to proceedings on a proceedings
vacancy petition:- on vacancy
Order II, rules 2 to 6 inclusive, 9 to 19 inclusive petition.
and 22 to 30 inclusive.

ORDER IV
Speaker's Election and F'acation of Office
1. A reference in respect of any question as to the election of any Form of
reference
person as Speaker to the House of Representatives or his vacation of office and pres-
shall be in Form 11 of Appendix A, shall contain the particulars. required cribed
therein and shall be signed by the per on making the same. matters

2. Subject to such modifications and adaptations as may be Security
necessary for the purpose, the provisions of Order II, rules 12 and 13, for costs.
relating to security for costs shall apply when a member of the House
of Representatives is required to give security for costs under regulation
36 of the Regulations provided that-
(a) the amount of the security shall be one thousand dollars
only;
(b) the Registrar may require any surety to a recognizance
to swear an affidavit as to his sufficiency before any
person authorized to take a recognizance under thee
Rules.

3. The time and place of trial of a reference to which this Order Notice of
relates shall be fixed by the Registrar after consultation with the Chief hearing.
Justice and notice thereof shall be given in writing by posting the
notice outside the Central Registry and by sending a copy thereof to the
person making the reference, to the Clerk of the House of Representatives
and to the Attorney General.

4. On the hearing of a reference the Couit shall proceed as if such Proce-
reference were a motion before the Court in the exercise of its original dure on
jurisdiction and shall follow the procedure of the Court on the hearing reference.
of a motion so far as the same is applicable.

Made this 28th day of February, 1958.

ERIC HALLINAN,
Chief Justice.









115 The Federal Legislature (Membership Controversies) Rules, 1958


0. II, r. 1.

APPENDIX A

FORM 1

I'ETITION IN RESPECT OF AN APPOINTMENT TO THE
SENATE

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

Appointment to the Senate for (state Territory)

fThe Petition of A of ...... ................ whose name is subscribed.

1. Your petitioner A is a person who on (date of appointment of Respondent
to Senate) was entitled to vote as an elector for the constituency of

............ in the Territory of ..........

2. Your petitioner states that X was appointed a Senator for the Territory

of .............. ..b the Governor-General by instrument under the

public seal dated ....................

3. And your petitioner says that (here state facts and grounds on which the
petitioner relics)

Wherefore your petitioner prays it may be determined that X was
not duly appointed and that such appointment is invalid.

(Sgd.)
(Petitioner)

*The address for service of the petitioner is ......................... ..

*The solicitor for the petitioner is .................................

whose address for service is ...................................




tif there is more than one petitioner, the petition should be the petition of all, and
their names entered as for A. All references to the petition should be in the
plural, as the petition should be subscribed by all,
.0mit whichever is inapplicable.









The Federal Legislature (Membership Controversies) Rules, 1958 116


O. II, r. 1.
i ORMI 2

PETITION IN RESPECT OF AN ELECTION TO THE HOUSE
OF REPRESENTATIVES

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

Election for the electoral area (state place and Territory) holden on the

................ day of ................. 19 ....

''ihe Ietition of A of ........ ............. whose name is subscribed.

1. Your petitioner A is a person who voted (or had a right to vote, as the
case may be) at the above election (or claims to have had a right to be
elected or returned at the above election, or was a candidate at the above
election).

2. And your petitioner states that the election was holden on the ........

day of ..............I Q .... when .................... (nam es of
candidates) were candidates and the Returning Officer has returned X
as duly elected.

3. And your petitioner says that (here state facts and grounds on which the
petitioner relies)

Wherefore your petitioner prays that it might be determined that
the said (name of candidate 7 hose ccc/lion is in contlroversy) was no t duly

elected or returned and that te election was id (orat tte ctio \s i (or the said .........
was duly elected and ,uglit to have been returned).

(Sgd.)
(Petitioner)

*The address for service of the petitioner is ...........................

*The solicitor for the petitioner is ....................................

w hose address 'for service is ........................................

tTf there is more than one petitioner, the petition should be the petition of all, and
their names entered as for A. All references to the petition should be in the
plural, as the petition should be subscribed by all,
"Omit whichever is inapplicable,









117 The Federal Legislature (Membership Controversies) Rules, 1938


O. II, r. 12(1).

FORM 3

RECOGNIZANCES AS SECURITY FOR COSTS

Be it remembered that on the .............. day of ..............,

in the year of Our Lord 19. .... before me (name and description) came A.B.
of (name and description) and acknowledged himself (or severally
acknowledged themselves) to owe to our Sovereign Lady the Queen the sum
of *two thousand dollars (or the following sums) (that is to say) the said

C.D., the sum of $........ .... the said E.F., the sum of $.............

the said G.H., the sum of $ ........... and the said J.K., the sum of

$............ to be levied on his (or their respective) goods and chattels,
lands and tenements, to the use of our said Sovereign Lady the Queen, her
heirs and successors.

The condition of this recognizance is that if (here insert the names of
all the petitioners, and if more than one, add, or any of them) shall well and
truly pay all costs, charges and expenses in respect of the representation
petition signed by him (or them), in relation to the (here insert the name of
the Territory or electoral area in a Territory, as the case nmay be) which shall
become payable by the said petitioner (or petitioners, or any of them) under
the Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958, to any person or persons, then this recognizance to be
void, otherwise to stand in full force.


(Sgd.)
(Signatures of Sureties).


Taken and acknowledged by the above-named (names of sureties) on

the .............. day of .................... at ..................
before me.

Registrar (or other authorised person)


"Where this form is used in respect of a vacancy petition under Part II of the
Regulations or a reference under Part Ill of the Regulations the amount should
be one thousand dollars.








The Federal Legislature (iMemibership Controversics) Ruies, 1958 118


0. II, r. 18(2).
FORM 4
AFFIDAVIT FOR JUSTIFICATION OF SURETIES
IN THE FEDERAL SUPREME COURT
The Legislature (Appointment. Election and Membership Controversies)
Regulations, 1958.
I, A.B., of (name and description), make oath and say that I am seized
or possessed of real (or personal) estate above what will satisfy my debts of
the clear value of $. ..................
Sworn, etc.



O. II, r. 26.
FORM 5
TITLE FOR PROCEEDINGS
IN THE FEDERAL SUPREME COURT
The Legislature (Appointment. Election and Membership Controversies)
Regulations, 1958.
*(Appointment to the Senate for (state Territory) )
(Election for (state electoral area including a reference to the Territory)
holden on the .................. day of .................. 19.... )
*(Vacancy in Senate/House of Representatives for (Territory) or (electoral
area including a reference to the Territory) )
Between Petitioner (name and address)
and Respondent (name and address).
*Use heading appropriate to proceedings.



0. II, r. 27(4).
FORM 6
NOTICE OF TRIAL
IN THE FEDERAL SUPREME COURT
The Legislature (Appointment, Election and Membership Controversies)
Regulations. 1958.
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.
D ated this ...................... day of ..........................
Signed. By order.
A.B..
Registrar/Deputy Registrar.








A19 The Federal Legislature (Membership Controversies) Rides, 193~


O. II, r. 31(1).

FORM 7

APPLICATION FOR LEAVE TO WITHDRAW

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

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.

D ated this .................... day of ..........................

(Signed)



0. II, r. 31(2).

FORM 8

NOTICE IN PUBLICATION OF FORM 7

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

Notice is hereby given, that the above petitioner has on the ............

day of ...................... lodged at the office of the deputy registrar,
notice of an application to withdraw the petition, of which notice the following
is a copy (set it out).

And take notice that by a rule of court made pursuant to the above
Regulations any person who might have been a petitioner in respect of the
said election/appointment* may, within five days after the publication by the
Returning Officer of this notice, give notice in writing of his intention on
the hearing to apply for leave to be substituted as a petitioner.

(Signed).


*Omit whichever is inapplicable.









The Federal Legislature (Membership Controversies) Rules, 1958 120


O. III, r. 1.

FORM 9,

PETITION IN RESPECT OF A VACANCY IN THE SENATE

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

Vacancy in the Senate for (state territory)

1. Your petitioner is a person
authorisedd to present this petition by a resolution of the Senate passed

on .........................................................
or
'*who at the time this petition is presented is entitled to vote as an

elector for the electoral area of .......................... (in the

Territory of ..............................................)

2. Your petitioner states that X (name of Senator whose seat is the subject

of the petition) was appointed a Senator for the Territory of ..........
by the Governor-General by instrument under the public seal

d ated . . .. .. . .. . .. .. . . .. . . .. .. . .. . .. ... .. ...

3. And your petitioner says (here state grounds on which the petitioner
relies)

Wherefore your petitioner prays that it might be determined that
the said X has vacated his seat in the Senate and that the honourable
Court will so certify to the Governor-General.

(Sgd.)
(Petitioner).

*The address for service of the petitioner is ............................

'Tlhe solicitor for the petitioner is .................................

w hose address for service is .....................................

'Omit whichever is inapplicable.








121 The Federal Legislature (Memlbership Controversies) Rules, 1958


0. 1II, r. 1.

FORM 10


PETITION IN RESPECT OF A VACANCY IN THE HOUSE
OF REPRESENTATIVES

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.


Vacancy of seat in the House of Representatives for (state the place)

1. Your petitioner is a person
authorizedd to present this petition by a resolution of the House of

R representatives passed on ....................................

*who at the time this petition is presented is entitled to vote at an election

held for the electoral area of ................... (state the electoral
area for which the person to z hom the petition relates was elected as
a member);

2. Your petitioner states that X (the member whose seat is the subject of
the petition) was returned as duly elected to the House of Representa-
tives;

3. And your petitioner states (here state grounds on which the petitioner
relies)

Wherefore your petitioner prays that it may he determined that the
said X has vacated his seat in the House of Representatives and that
the honourable Court will so certify to the Speaker.


*The address for service of the petitioner is .............................

*The solicitor for the petitioner is .................................

w hose address for service is ....... ................................


"Omit whichever is inapplicable.









The Federal Legislature (Membership Controversies) Rules, 1958 122


O. IV, r. 1.

FORM 11

REFERENCE OF QUESTION AS TO ELECTION OF SPEAKER
OR VACATION OF HIS OFFICE

IN THE FEDERAL SUPREME COURT

The Legislature (Appointment, Election and Membership Controversies)
Regulations, 1958.

*(Election of Speaker
(Vacation of office by Speaker.

Whereas I, the undersigned A.B., being the Clerk of the House of
Representatives was duly authorised by resolution of the Honourable House

on .................................... (date) to refer (or being
a member of the House of Representatives am desirous of referring) a
question to the Federal Supreme Court under the provisions of Part III of
the above Regulations as to the election of X.Y. to the office of Speaker of
that House (or the vacation of the office of Speaker by X.Y.)

And Whereas (here state the facts and grounds on which the reference
is based)

Wherefore I hereby refer the question so that the honourable Court
may determine whether the said X.Y. has been validly elected as Speaker (or
whether the said X.Y. has vacated his office of Speaker).


*Strike out words inapplicable.









123 The Federal Legislature (Membership Controversies) Rules, 1958


APPENDIX B

Fees of Court in Proceedings brought under the Legislature (Appointment,
Election and Membership Controversies) Regulations, 1958.


1. On presenting a petition and for hearing and
judgment thereon, an inclusive fee of

2. On filing a recognizance to secure costs

3. On filing objection to recognizance and for the
hearing and decision thereon, an inclusive
fee of ..

4. Application for a special case and for hearing
and decision thereon, an inclusive fee of ..


5. On making
specifically
hearing and


s. d. or $

2. 10. 0. 12.00

10. 0. 2.40



1. 10. 0. 7.20


1. 10. 0. 7.20


any application not otherwise
provided for, including the
order thereon, an inclusive fee


1. 0. 0. 4.80


6. On filing every document and exhibit for
which no special fee is provided

7. On taxation of bill of costs, including
certificate ..

8. On certifying any document as an office
copy ..

9. On sealing a writ of subpoena not exceeding
three persons .

10 For a certificate of a Registrar for which no
special fee is provided

11. For an office copy of any document filed in
the Registry, per folio of 100 words, for the
first folio .. ..

For every other folio or part thereof

12 For making every search


2. 6. .60


10. 0. 2.40


5. 0. 1.20


5. 0. 1.20


5. 0. 1.20



1. 0. .24

6. .12

2. 6. .60


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