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Un des symboles suivants apparattra sur la dernlAre image de cheque microfiche, selon Ie cas: Ie symbols — ► signifie "A SUIVRE", Ie symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those loo large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmts A des taux de rMuction diffirents. Lorsque ie document est trop grand pour Atre reproduit en un seul clichA, il est film* A partir de I'angle supArieur gauche, de gauche k droite, et de haut en bas, en prenant Ie nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 i« ?^v RULES OF €OURT I : i*- 1850. '9mmfm ■■Tmtmm msrm'Stmmmj n : IN THE COURTS OF QUEEN'S BENCH AND COMMON PLEAS. MICHAELMAS TERM. 14th VICTORIA. Whereas by an Act pasi^ed by the Parliament of this Pro- vince in the twelflh year of her Majesty's reign, (chap. 81), entitled, " An Act to provide by one general law for the erection of Municipal Corporations, and tiie establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Ujiper Canada," power was given to her Majesty's Court of Queen's Bench in Upper Canada, and the several Judges thereof, to try and decide all matters relating to contested Municipal Elections as therein provided ; And whereas by the Act of the last Session of Parliament, (chapter 64), entitled, "An Act for correcting certain errors and omissions in the Act of the Parlif^ment of this Province, pas'-cd in the last Session thereof, intituled, '■An Act to provide by one general law for the erection of Municipal Corporations and the establish- ment of Regulations of Police, in ana for the several Coun- ties, Cities, Towns, Townships and Villages in Upper Canada,'' for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof," the powers conferred on the said Court and Judges havi- been extended to the Court of Common Pleas and the Judges therecif, and addi- tional powers have been thereby given in the premises to the said Courts and Judges respectively; and it being amr>ng other things in effect enacted, that it should and might be lawful for the Judges of her Majesty's two Supe- i^^n y I KULES or COURT, rior Courts of Common Law at Toronto, or the majority of Ihem, by any rule or rules to be by them for that purpose made, from time to time in term time, as occasion may reruire, to settle the forms of all such writs, whether of summons, certiorari, mandamus, execution, or of or for whatever other kind or purpose, as a.e authorised by the ■aid Act — therefore, in orcJer to settle the said forms, and to regulate the practice and proceedings in the said Courts in the matters aforesaid. It is Ordered, that the following Rules be aubstuuted for the Rules made in Hilary term last by the Judges of the said Court of Queen's Bench for the trial of such elections ; and that the forms of such writs and the practice to be observed with respect to the matters afore- said shall be as follows, that is to nay : — I. The relator entitled to complain of any election shall in person or by attorney, by written motion, apply to one of the said Courts of Queen's Bench or Common Pleas- in- term time, or to the Judge presiding in Chambers in vacation, for a writ of summons in the nature of a quo uxirrantoi, which motion must, according to the statute, be made within six weeks after the election complained agains*, or within one month after the person whose election is ques- tioned shall have accepted the office, and not afterwards. II. Such motion shall be founded — 1st. On a written statement, which shall be annexed to the motion-paper, setting forth the interest which the relator has in the elec- tion, as candidate or voter, and setting forth also specifi- cally, under distinct heads separately numbered, (if there be more than one), all such grounds of objection as he intends to urge against the validity of the election complained against and in favour of the validity of the election of the relator or another, or other person or persons, when he shall claim that he or they or any of them have been duly elected ; and at the foot of such statement the " shall be an affidavit made and signed by the relator, that nc believes such grounds to be well founded : And 2ndly. On an affidavit or affidavits of the relator, or other person or persons, setting forth fully and in detail the facts and circumstances which phall support the application. MICHAELMAS TEHM, 14 TIC. f The Btatement of the relator may be after the following form, mukUis mutandis : — STATEMENT Ov THE RELlTOB. In tl;e ©neeti\ ^encl) (or Common pieae). The statement and relation of , of who complaining that , of . (here irutrt- ing the names end additions ofaU, if ,no, e ilun ortf pasjn)^ "hath (or have) not been duly elecied, and hath (or have) unjustly usurped and still doth (or do) usurp the office of , in the Town of , (or Township of , as the case may be), in the County (or United bounties) of , under protc-ce of an election held on > at , in the .said County (or United Counties) . [And {when it is claimed that the rrlat^r or the relator and another, or others, ought to have been returned), that (here name the party or parties so entitled) was (or were) duly elected thereto, and ought to have been returnee! ai such election], and declamij^ ♦hat he the said relator hath an interest in the said election as a , slates ana shews the following causes why the election of the said to the said office should De declarea invalid and void. [And (when so claimed) the said — {naming the party or parties) be duly electea thereto]. First — That {/or example) the said election was not con- ducted according to law in thi?, that, &c. Secont/— That the siid was not duly or legally elected or returned in this, that, &c. TAtrd— That, &c. Signed by the relator in person, or by C. D. his attorney. Note.— Where the intention of the relator is to impeach the election as altogether void, in which event, as the ofSce cannot be claimed for any other or others, the portion of the above and sue- ceeding forms relating thereto should be omitted. III. If the Court or Judge applied to shall find sufficient ground for issuing a writ of summons in the nature of a jtio warranto, than, upon such recognizance being entered into as the Act directs and a proper affidavit of justification made, and the sufficiency of the sureties allowed by such RV LEA or COCRT, Court or Judge, a writ shall issue, sealed and tested as other writs of snnunons in cases between party and party, anl ntiReh'd thereto sihall be a copy of the relator's state- ment ol objections and grounds, and of the names and additions of the peisons who shall have made the atndavits upon wiiieh the writ was moved. The recognizance and fiat for summons, and the writ of summons in these Rules mentioned, may be in the ollowing forms : — FORM OF RCCOGMZANCE. lit tl)c (Qaccn's 8cnrl) (or Common picas). Upper Canada, ^ fJe it remembered, that on the County {or United ^ day of , in the Counlie.i) of . ) year of our Lord one thousand eight hundred and , before me of , Chief Justice (or ,1 Justice, or a Commissioner for taking bail) in her Majesty's Court of Queen's Bench {or Common Pleas) for UppLr Canada, cometh , ol , of , and , of , and acknowledge themselves severally and respectively to owe to , of , (here inserting the mime or names of the person whose elec- tion is complained against), as follows— tliat is to say, the said , the sum of fifty pounds, and the said • ■ and the sum ol twenty-five pounds each, upon condition that if the said do prosecute with elfeet the writ of summons in tlie nature of quo war- ranto to lie issued oii .u order or flat to be made at the instance and upon tlie relation of tiie said , against tiie said , to shew by what authority he {or they) the said claims [or claim) to be {here state the ofice so claimed) and why he {or they) the said should not l)e removed Uierefrom, [and {where so claimed by the relator) why he 'he said relator [orthr party or parties entitled) should not be declared duly eli-eted. and be ad- mitted to the said olileej ; and if the said do pay to the said all such costs as the said Court of {or the Jvdge presidivs in Chambers, at the City of Toronto, in the^Counfy of Vork,) shall direct in that MICHAELMAS TIllM, M TIC. behalf, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged the \ day and year first above > mentioned, J Before me . FORM or A judge's FIAT ORDERING A WHIT TO ISSUE IN VACATION IN THE QUEEn's BENCH (or COMMON PLEAS.) Upon retuiing the statement of , of , in the County of , complaini ig of the undue elec- -,by {relator or tion and usurpation of the office of [and (if so, stating) that the said - other person named) was {or tvere) duly elected, and ought to have been returned lo tiie said office], and upon reading the aiiidaviis filed in support of the said statement; and also upon reading the recognizance of the said , and sureties therein named, and the same being allowed as sutficient : f do order that a writ of summons do issue, calling upon the said {the parly whose election is complained of) to shew by wiiat authority he {or they) the said [the party whose election is complained of) now exercises or enjoys {or exercise and enjoy) the said office [and wl.y {if so claimed) lie {or they) the said , should not be removed therefrom, and the said {relator or other person or persons named) should not be declared duly electod, and be admitted thereto]. Dated this day of 18 . Note. — If by Rule of Court, the above form should be modified accordingly. rORM OF WRIT OF SUMMONS. UI'PER C.WAP.V. Victoria, by the Grace of God, ^c. To , of Counties) of , &c. in t'.ie County {or United We commanc you (and each of you) that you {and each of you) be and appear before the Chief .Justice or other Justice of cor Court of Queen's Bench or Common Pleas • BULES or COURT, for Upper Canada, presiding in Chamber,, at the Judifes' Chambers in our City of Toronto, on ,he eighth day after the day on v/hich you shall be served with this writ, then and there to answer and shew to such Chief Justice or Justice by what authority you claim to use, exercise or enjoy ;he office of ., which office, upon the reiatio- . 7 TTV^^''*"' ^' ^^ '^y' ^" "''"'■«' in the election to the said office as a , we are informed that you have usurped and do still usurp [and that [if so claimed) the said (rcUitor or party or parties mentioned) was {or loere) and should have been declared duly elected and admitted thereto], and further to do and receive •< those things which our said Chief Justice, or Justice, shall thereupon order concerning the prerniscs. Witness, the Honorable , Chief Justice of our said Court of (or other Justice in whose name the writ w tested), at Toronto, this day of '^ • a"d in the . year of our reign. FOEM OF NOTICE TO BE INDORSED ON OR ANNEXED TO TH« WHIT OF SUMMONS. • In lije ©neen'a Bene!) (or Commoit picoe). The Queen, upon the relation of against . '^° ^'^'^ > named in the within (or annexed) writ of summons. The within {or annexed) writ of summi ns has been issued at my instance and relation; and a statement con- cerning the premises, whereof a copy is hereunto annexed 18 filed in the office of the Clerk of the Crown in this' Court {or wUh the C lerk in Chambers, at the City of Toronto) together with affidavits supporting the same ; and the names' and additions of the deponents to the said affidavits are hereunder wntten. And you are served with the said writ of summons to the intent that you do appear and answer as therein commanded, or otherwise judgment will be' given against you by your default, and your election to the therein mentioned office will be declared invalid, and you MICHaX<,MA§ TERV, 14 TIC. will be removed tliertr.om [and the said relator, or , the party or parties, if any, alleged to 1 (the be entitled) therein named be declared duly elected, aod will be admitted thereto in your plac:;]. A. B. in person, or by C. D. his Attorney, The above mentioned deponents are : — , of . , of . MINUTr or THE DAY OF SERVICE TO BE WRITTEN OH THE SUMMONS. Served this day of 185 . IV. A copy of such summons, and of the paper attached thereto, with a notice on the back of the copy of summons, according to the foregoing form, may be served by any literate person, who shall, within twenty-four hours after such service, make a minute on the writ of the time of serving the same : and upon the leturn of the writ, the party or parties summoned may appear either in person or by attorney ; and the manner of appearance shall be by indorsing on the back of the relator's statement attached to the motion paper :— " the within named C. D. &c. appears in person (or by aitorney, a/t the case maybe) to answer the grounds of objection to his election, which are stated within." V. If upon the return day of the summons the party or parties, having been duly served, shall not appear, then, on proof of such service by ailidavit, according to the form subjoined, the Judge sitting in Chambers may, before rising on that day, direct an entry to be made as to such party or parties as make default, on the back of the relator'* statement, thus :—" The within named CD. (and E. F.) being duly summoned hath (or have) not appea-ed to an- swer to the matters within objected." Which entry shall be dated on the day of the return, and may be made on any subsequent day, if omitted to be made on that day RULrS OF rOCRT, FORM OF AFFIDAVIT OF SERVICE, Whrn made personally, if service special under the 148/A clause of the Statute (12 Vic. ch. 81), the Affidavit to be modified accordins;ly. 3n the (Qnccn's JBcncI) (or (JTommon JJIeae). The Queen, on the rela- j , of , in the tion of , > ,mulveth oath and saith, against . ) that iie did, on the day of , personally serve ihe above named defendant (or defendants) witli tlie annexed writ of summon.*, by delivering to him {or each of them) a tn,e copy thereof, on which said copy was indorsed a written notice, a copy whereof is hereto annexed, and to wiiicli said coj)y (or copies respectively) of the said writ was annexed a written <-opy Oi" a statement of the above named relator, a cojiy of which said copy of statement is also hereunto annexed : and the deponent furtlier saitli, tliat the minute {or minutes) of the said service, written on the said writ of summons, was {or were) so written by this dei)onenl within twenty- four hours after such service. Sworn at , in the County of , this- day of 185 — . Before me . VI. Wlien it shall ;i])pear to the Court or Judge that the Returning Ollicer 'loulcl be made a parly, a writ of sr.m- iTions shall issue to im, in the followiiiij Ibrm, upon a rule of Court to issue for thai |)ur|)(>se, or upon the fiat of the .Judge, which sunmion^ shall be served with the like papers annexed, and the service thereof proved in like maimer as i,s provided for oilier writs of sum: ions, as aforesaid : and the ]Y.ir\y served shall appear and (.'liter his a])pearance within the same time after servite and in the same manner; and in default thereof, he shall be liabl<> to have judgment pass against him in his abseiiee as in the case of any other defendant making a like default, and be dettlt with by attachment, execution or otherwise, as the circnnistance»^ of the case may reijuire : MICHAELMAS TERM, 14 VIC, rOUM or WRIT OF SUMMONS TO A SETUPNING OFFICXB. UPPER CANADA. Victoria, hy the Grace of Hod, ^c. Whereas upon the rv u ion of , in our Court of ( Queen''s Bench or Common Pleas), , it hath been ordered that a writ of summons should issue to - , to shew by what authority he (or they) claims or exercises {or claim or exercise) the olHce of . And whereas it appears to our Justiees of our Court of (Queen^s Bench or Common Pleas), before whom the said writ hath been made re1urnal)le, (or as the case may be), that you were the Returning Officer by whom the said hath {or have) been returned as duly elected to the said office, and that it is proper yon should be made a party to the pro- ceeding aforesaid ; these are therefore to summon you to be and nppear bcfcre the Chief Justice or other Justice of our Court of ( Queen's Bench or Common Pleas) for Upper Canada presiding in Chambers, at the Judges' Ciiambers, in our City of Toronto, on , then and there lo answer such matters and tilings as shall then and there be objected against you, and further to do and receive all those things which said Court or said Justice shall thereupon order concerning you in the premises. Witness, i;c. VII. In case c^ default of appearance by any party sum- moned as aforesaid, the ju (ge recording the same may, as to such as make default, proceed ex-parte ; ami as to such as shall hare appeared as is herein provided, i)roceed to determine the validity of the election or elections complained of, and also (if so elaimed) of the election of the person or persons all<-ged to have been duly elected, and give judg- ment thereon ; or he may in his discretion, with or without any appliialion for that purpose, and having regard to the distance of the place wlieie the |)arty was served, or other circumstances, appoiin a further day for the appearance of the party or parties summoied, of v.hich an entry shall be made and signed by the judge to the following effect, at the foot of the emry of non-appearance on the back of the rela- tor's statement: -"Whereupon a further day is given to the 10 said i RULES or COCHT, (or the said and -), to appear on," Lc. On which day, or as soon after as may be convenient, if no further poslponement shall be in like manner granted, the case may he heard and disposed of in like manner as if the same had been determined and judgment given thereon, without granti,:- a further day for appearance, VIII. At any time before the hearing, any party may have copies of the affidavits filed, on paying for the same. IX. At the hearing the relator shall not be allowed to object to the election of the party or parties complained against, or to support the election or elections of the person or persons alleged to have been duly elected on any ground not specified in the statement on which the summons was moved ; but it shall nevertheless be in the discretion of the judge, if he shall think fit, to entertain upon his own view of th J case any snbsinntial -round of ob|ection to o. in support of llie validity of !ho election of either or any of the parties which m; y appear in the evidence before him. X. When the party or parlies summoned has or have appeared, no more formal answer need be made by him or them to the relator's case than by affidavits filed in answer- \ but the judae before whom the case shall be pending may in his discretion r<-(,uire from either or anv party further affida- vits or the production of any such evidence as'the !aw allows. XI. In case of disclaimer under the statute 13 & 14 Vic chap. 64, schedule A., \o. 23, the provisions therein con- tained and IP sub-proviso \o. 6 are to be observed, XII. In case a necessity shall appear for sending an issne to be tried by a jury, the writ lor that purpose may be in the following form, and shall issue on the Jiat of the judge directing the .same, and beur date on the day of its issuing : WRIT OF TBIAI,. [£.0.J Victoria, bi, the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. ' To the Judge of the County Court of the County of . Greeting : Whereas, upon the trial of the v, lidily of an election of ■ , chosen upon the day of t be MICHAELMAS TERM, 14 TIC. 'or the township of 11 may be), in the county of , {or as the case -, and which election hath been comp ained of by E. F., as the relator, alleging (as the case rtui ^ be) that he himself, or that he and CD., &c. or that C. D., &c. was or were duly elected, and ought fo have been returned, it hath become material to ascertain whether {here state concisely the issues to be tried), and whereas it is desired by , our Chief Justice (or Justice) of our Court of Queen's Bench {or Common Pleas), before whom the same is pending, that the truth of such matters as aforesaid may be found by a jury : We do there- fore, pursuant to the statute in such c;ise made and provided, command you, that by twelve good and lawful men of the county of , who are in nowise akin to the said E F. the relator in the said case, or to the said (the other party or parties, naming him or them), and who shall be sworn truly to try the trrJh of the said matters, you do pro- ceed to try ihe same accordingly ; and when the jury shall have given their verdict on th.-^ matters aforesaid, we com- mand you that you do forthwith make known to our said Chief Justice (or Justice) what shall have been done by virtue of this writ, with the finding of the jury hereon in- dorsed. Witness, the Honorable , Chief Justice {or Justice) of our said Court, at Toronto, this da> ol , in the year of our reign, FORM OF ENDORSEMENT OF VERDICT THEREON. I hereby c.-rtify, that on the day of before me, L. M , Judge of the County Court of the County {or United Counties) of , came as well the within named relator as the within named (the other party or par- ties) by their attorneys (or as the case may .'-i-\ and the jurors of the jury, by mc duly summoned as wilhm, com- manded, also came, and being sworn to try the matters within mentioned on their oath, said that, -Stc. XIII. When the judge before whom any such case shall b» pending shall have determined the same either ex-partt f IS ■CLE8 or COURT, m in case of default, or on hearing the parties, or partly ex- parte and partly on hearing the parties, he shall make up and cniH'x to the statement of the relator, and to the affi- davilf and other papers filed in the case, a written judgment attested by his signature, and dated en the day of the same being signed, in whieh it shall be suiiicient to state con- cisely the ground and eftect of the judgment, which judg- ment may be at any time amended by the same judge, in regard io any ma'.ter of form. And the following may be the form ol judgment wlien in favour of the relator: IN THE queen's BENCH, (oR COMMON PLEAs). TheQueen, on the relation ji Be it remembered, that on of , [ the day of , against . 5 in the year of our lord one thousand eight hundred and , at the Judge's Chambers in the city of Toronto, before me Chief Justice [or Justice) of Her Majesty's Court of Queen's Bench (or Common Pleas), came as well the above nam.ed relator by , his attorney, as the above named by L,. {or their) attorney, and service of the writ of summons hereunto annexed having been duly proved upon atfidavit, and upon tlie said d-\\ and upon other da3s thereafter, at his chambers afon^sr^d/lmving heard and rea J the statement and proofs of the raid relator, touching and concerning the usurpation bv him alleged- against the°said of the ntlicr of ;„ ih,. s.;,!,] writ of sum- mons mentioned [and {if so) the eleeiion of (the party or parties named) thereto], and the answers and proofs of the said , and having heard the said parlies by their counsel {or as the case maybe), and upon due consideration of all and singular th.' prer liscs now, that is to say, this - day of , in the year aforesaid, i do ad- judge and determine : First.— That the said relator had, at the lime of his making his aforesaid complaint, an interest in the election to the said ofhce of aj< a . Second.— Thai, &c. Third.— That, &c. ^-^^■^^^- ;pl.', ^ ^ 1 '^V;:^^' '2^^ ■^~, f^'- MICH^ELMAS TKRM^ 14 VIC. IS Fourth,— That the said ■ hath (or have) usurped, and doth (or do) s'.ill u.nirp the 8aid office, and that he {or they) he removed therefrom [or that the cleelion of to the said office was void, aud that ht; {or they) be removed therefrom {as the judgment may be)]. And tiiat the said relator (or the said [naming the party or parties whose elec- tion is aflirmi d, when h- or they are adjudged to be entitled to the said otfice] ) was {or ivere) didy elected thereto, and ought to have been returned, and is {or are) entitled in law to be received into, and to use, exercise and enjoy the said office. And I do adjudge and determine that the said do not in any manner concern himsi'lf (or them- selves) in or about the said office, but that he (or they) be absolutely forejudged and excluded from further using or exercising the same, under pretence of the s.iid election [and further that the said (naming the relator or parties whose election is affirmed) be {or be respectively) admitted to the said office in his (or their) place or places] ; And I do further order, adjudge and determine, thru the said relator do recover against the said his costs and charges by him in and about the said relation and the pro- secution thereof expended, to lie taxed in the said Court. All which the said writ of summons, and the said judg- ment, and (tie sfateiucnts, answers and proofs of the said -elator and of the said , a.id all other things had before me touching the same, I do hereby certify and deliver into the said Court, according to the form of the statute in such case made and provided. E. F., J. And the following may be the conclusion of a judgment for the defendant, to follow the word affidavit, in the fore- going form : Thereupon now at this day, that is to say, on the day of aforesaid, at the Judges' Cham- bers, at Toronto afori'said, all and singular the relation and proofs of the said relator, and the answers and proofs of the said , being seen and fully understood, I do consider and adjudge that the said office of - so claimed by him (or them) the said , be allowed ,^ ■ =.~-;'wr,r. 14 \i\ RULES OF COURT, and fadjudged to liim {or them), that the said . be dismissed and discharged of and from the premises above charged upon him (or them), and also that he (or they) the said do recover against li;e said relator his {or their) coMts by him {or them respectively) laid out and expended in defending himself (»a- themselves) in this behalf. All which, &c. {as in the judgment for the relator). When the Returning Oifuer is made a party, the judg- ment to be modified accordingly, XV. When the judgment of the Judge in Chambers shall have been returned ii.to Court, accord ing to the statutes, and after the end of I'our days after such return, and if no rule shall have been granted to set aside or amend the judg- ment, the relator or person (or persons) in whose favor the judgment shall nave been given, shall be at liberty to tax his or their costs, and the lollowing entry shall be made under or upon the record of the judgment, after which execution may issue : — "Afterwards, that is to say, on the day of . ii> the year of the reign of our Lady the Queen, cometh the said -, and prayeth that his (or their) said costs, so as aforesaid adjudged !o him (or them), be taxed and assessed according to the form of the statute in such case made and provided, and the said costs of the said , in and about his (or their) prosecution (or defence) aforesaid, [and (when the Returning Officer is a party) of the said , in and about his defence aforesaid], so as aforesaid adjudged to him (or them), are now here accordingly taxed and assessed as follows, that is to say, the costs of the said at ,e sum of — — — — [and the costs of the said {ic.cn Returning Officer entitled thereto), at the sum of ], and the said , in mercy, &c.'' XVI. The writs of certiorari and mandamus .-hich it may become necessary lo issue in any such ease, will be in the common form of such writs, the command therein contained being suited to the circumstances of each case, and when applicable, the following form may be used :— MICHAELMAS TERM, 14 MC. Ift FORM or A WRIT OK MANDAMUS, To r''iHove the per.son {or /jcr.sons, lie'ntr less thnn thr trhule iiumh.rnf mnnbers nfanif Mimic unl f'nrporalion) uftnue et ■rtinn in (Ki'/itd'si'd invoration have been adjudged invalidy and for the adniissiun of thoae adjudged to have been legullii elected. Victoria, Sf-c. To thi Sherirt" of tlie County {or United Counties) of -, Gieetiiig; Whereas (the same as in the first precedent of ii Manda- mus, to the end of the words " aeljudged and determined," then say) that the election {or ekcliom) of ail the mem- bers of "the Munieii)al Corporation of , returned as eh-.-ted at the eleeiion (or elections) of members of the said Corporation iieid (describing the time or times and place orplacesof such election [or elections]) \vai> {orwere) invalid or void in la\v, and that (naming them all) had usurped (proceeding as in the tirst precedent, adopting the plural form, to the asterisk, and then us follows) ; aad we do hereby lurlher command you the said Sheriff', that you do, pursuant to the statute in that behalf, admit or return and swear into, or cause the said (naming the persons adjudged to have been duly elected) to be forthwith admitted or re- turned, and sworn into the said oiEce, to use, exercise and enjoy the same, and that you do and perform, or cause to be done and performed, all and every act or acts, thing or things necessary to be done and performed in the premises ; and we hereby command and strictly enjoin all and every person or persons to whom the same shall lawiully belong, to be aiding t.nd assisting you, and to do all and every lawful and necessary ac .o bt; done by him or them in the premises, according to the purport, true intent and meaning of these presents, and of the statutes in that behalf; and how you shall have executed this writ make known to our Court of Queen's Bench {or Common Pleas), at Toronto, on the day of next, and have then there this writ. Witness, &c. c 1 18 KULU O*' COURT, rOBM or A MANDAMUS Totht Sheriff, when the eiecluma o/aU the members of any Municipal Corporation have been adjudged invalid, and retjuiring others to be elected. VlCTOHfA, 8fC. To the Sheriff, &c. (as in the last precedent to the aste- risk, omitting the part between the brackets, and adopting the plural form, then concluding as fo'lows) : and that you do every an necessary to be done by you in order to the due election and admission of members of tlie said Corporation in the place and stead of the persons whose elections havj been so declared invalid ; and we hereby command and strictly enjoin all and every person and persons (continuing as in the last precedent to the end). Witness, &c. The form of Writs of Execution for costs in any such case may be as folio a-s : — FI. FA. AGAIN T T IE DEFENDANT FOR RELATOR'S COSTS. UPPER CANADA. Victoria, SfC. To the Sheriff of the County of -, Greeting; We command yon that you levy, or cause to be levied of the goods and chattels of C. D., late of- [add the description of the Returning Officer, where ihe execution iz against him], the sum of ~ , which hath been lately adjudged to A. B. of ., in our Court of Queen's Bench {or Common Pleas), at Toronto, according to tlie form of the statute in such case made and provided for hib costs by him laid out and expended in the prose- cuting of a certain writ of summons in the nature of a quo warranto, issued out of our said Court again.st . at the relation of the said A. B., for usurping the offic; of "T~T~'.!" *""' ' °^ ' '" yonr county, [add, when th' Returning Officer is a party, "to which proceedin I'he day of • — Term, to satisfy the said T. B^rTi- costs aforesaid, and have you then there thi. ■^•rit. Witness, &c. n. rx. AOA.NST THE K..ATOK KOR TH. D.r.NDAKT's COST.. UPPBR CANADA. , Greeting: . , ■ j J .»,«♦ von lew or cause to be levied. We command you that you levy, or 'cD fl=; i" oar Coun of Queen's B.„ch or ,.a,„,e i„ sucl, ca« made .„d P-^f;J-^^^^^^ -inail Kim loid out and expended in nis aeienv-c uj. ^ ■. :r,ulo». in .he n..». of a ^ .»-■-». -"^ „„, of ou, .aid Coon against .he sa.d C. D-. °P°" '''-'""'■''r!'r-±:^TntuVc-r(----''«'>' r,fX Re,o.„in, Oflie,, -as -" made a p^add^h.^., * ,.„ wk-' *Vto*/a'drToo Tave".;:; said Court appears of record , ana j- ^ :-f^^'T:fn.?::i"frrr;c^-7o-.. coL aforesaid, and have you U,en .he,e .hi. w„.. ,-"„rrororrir;:.ei— ^^^ rnurt or of any Judge thereof acting in the execution of the from which the writ of summons issued, to be dealt with Uke other contempts of such Court in other cases. •W RHLES OF COURT, XV'III. Ff any of the forms givpn in tlir forci^oint^ RuIpb shall not Ix? found adaplfd to a case wliicii mav arise in refprrnrc to prncopflinErs connrctrd willi or ri'-^ultin^' from thf trial of tli(> validity of miinirlpai rlrciioiis, rlianj^os are to be niadr liiorriii when norc<>ary, al the discrclion o( thf Judare who shall try or dclorrninc iho ca-^c, to adapt tlio same to sii"' particular ca^e. XIX. None 111' thf profccdinijs wliich slirdl bf had in aiiv rage for tryinir 'h'' validity of any election, or \vhieh > Affirfnrils — Whetiier spi'^cial or ('ominon.pcr folio of ]00 words, nnd ropics ihoreof when neressnn.' Ji,rrr>gr>;zn»rr — Drawing 2 6 S MICHAELMAS TERM, 14 VIC. to ...rvo writ, up-n iIh- nr,M„„,.nt. or to hear ^ ^ 6 iiiiii'mrnt '."'." J f;„nnt„>i — -<' .''lu-r ;ittriii ati<<<^ nut n. ii- tmniMl a; _Pr,.pnr.n. wn. ..I -nnm-ns. wnt o, .-or -.ornn, ^^ ,„„„LpM<,trK,lnrwnt.>l .■x.-r.,„on. .-arh. . . . . . b Fi't> on I'acli wnt ', " ;VV„r.s-l"aor<.>nn>t on wrt .^1 - other ami ill! <-nninio-.i iioti.-o^. onc'li .•• • ^ wlion raiuu a! i" l.o ina,k- or sorvc. , I all the amo.int al'.owrd for the oriuinal. and vvh.-n no Bpecifir sum is allowed, then eopios ol papers required.pr whirl, may he .!irer,;^d '". -- made f„rn.shed or served.to he allowe.; periohoot^ 100 ^^ ^ ^ 7,,„,Jwhen\lirertV'l\Vhrtricdo^r"naP-.-.nme.... 5 DN,ur.n„r,>,r-Vn.^:^,. . artnally paut. m.lea.e whore i, ,. neees^arv to en^lny pnrfes to serve writ> paper^. :cr.. the a.tual n.imi.er of miles trave.led io perform the ^ervu e. per miie " The nlTidavit mu ii •<.J