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C.C.S.M. c. C210: Table of Contents

C.C.S.M. c. C210

THE CONTROVERTED ELECTIONS ACT

1 Definitions
2 Elections subject to this Act
3 Jurisdiction of court
4 Where petition is to be presented
5 Authority of a judge in chambers
6 Precedence
7 Powers of officers
8 Presentation of petition
9 Affidavit to accompany petition
10 Sitting member may prove
11 Complaint of no return
12 Complaint of conduct of returning officer
13 Two or more candidates may be made respondents
14 Form and contents of petition
15(1) Time of presentation
(2) Member may file petition
16 How presentation made
17(1) Security to be given for benefit of
(2) Amount of security
18 Receipt by registrar
19(1) Copy of petition to returning officer and publication
(2) Form of notice in paper
20 Services
21 Notice to respondents
22 If personal service is impossible
23(1) Answer to petition
(2) When petition at issue, and trial
24(1) Examination of parties to petition
(2) Explanatory examination
(3) When there are several petitioners or respondents
25 Examination of defeated candidate
26(1) How examination shall be conducted
(2) Method of examination
27(1) Form of depositions
(2) Signing
(3) Special matter
(4) Questions
(5) Note of questions objected to
(6) Examination in shorthand
(7) Where examination is taken in shorthand, effect
(8) Effect of copy of depositions
28 Depositions to be forwarded to the court
29 Compelling attendance of parties to be examined
30 Persons in custody
31 Notice of examination
32(1) Punishment for neglect or refusal to attend, or for refusal to answer
(2) Witness may demur to questions
33 Use of depositions
34(1) Production of documents
(2) Just exceptions
35 Obtaining order for production
36 Service of order
37 Affidavit on production
38 Offence
39(1) List of petitions at issue and inspection
(2) Order for trial
40 Where more than one petition presented
41(1) Trial of petition
(2) Place of trial
(3) Notice of trial
(4) Adjournments
42(1) Commencement of trial
(2) Substitute for petitioner in case of delay
(3) Dismissal of petition when delay in bringing to trial
(4) Taxing of costs
43 Enlargement
44 Judges to be received and attended as at jury trials
45 Powers of the trial judge
46 Inquiry as to election offences
47 Witnesses to be subpoenaed
48(1) Witnesses intending to leave Manitoba
(2) Examination after notice
(3) Reduction of evidence to writing
(4) Compelling attendance of witnesses, and penalty
(5) Judges may examine witnesses
(6) Securing attendance of reluctant witness
(7) Apprehension, custody, and release of witness
49(1) Provision for expenses of witness
(2) Payment of expenses
50 Shorthand writer and his expenses
51 Evidence when the seat is claimed for person not returned
52 Votes to be struck off in certain cases
53 Election of candidate void for election offence
54 Election of candidate void for employing agent formerly guilty
55 Application of secs. 52 to 54
56 Treating as a corrupt practice
57 Effect of election offences if proven
58 Candidate exonerated
59 Election voided if personation committed
60(1) Decision and certificate of trial judges
(2) To be final
61(1) Both judges to sign certificate and report
(2) When judges differ
(3) Differ in part
(4) Differ re report to Speaker
62 Report of judge to Speaker
63 Special report may be made
64 Single judge may act
65(1) Special case
(2) Procedure on special case being heard
66 Court of Appeal
67 Procedure on appeal
68 Report and certificate as to election offences
69 Report to the Speaker
70 Duty of Speaker
71 The Speaker to inform the assembly
72 No new writ for a new election except by order of the assembly
73(1) Costs of proceedings
(2) Taxation of costs
74(1) Taxation of counsel fees
(2) Limitation of costs
75(1) When costs paid out of deposit
(2) If deposit is insufficient
(3) Execution for balance
76 Order of Court of Appeal as to costs, and recovery
77(1) Agent to pay costs in certain cases
(2) Agent to be summoned
(3) When agent does not appear
(4) Process to recover costs
78(1) No withdrawal except by leave
(2) Notice of intention
(3) Competent person may be substituted as petitioner
(4) Substitution may be ordered and security retained
(5) Where no order is made
(6) Effect of substitution
(7) Costs if petition is withdrawn
79 Where withdrawal is corrupt
80(1) Abatement by death of petitioner
(2) Payment of costs not affected
(3) Procedure on abatement
(4) Order for substitution
81(1) Notice of abatement, death, etc., of respondent
(2) Substitution of new respondent
(3) Adjournment of trial
82 Order as to costs when respondent dies
83 Respondent not opposing petition
84 Notice, how given
85 Where double return and respondent not opposing
86 Rules of court apply
87 Extension of time
88 Who entitled to practise
89 Where respondent accepts office or resigns seat
90 All elections governed by Act
91(1) Dismissal of petition or proceeding
(2) Effect of order
(3) To whom application to be made