The Law of Parliamentary Elections And Election Petitions : With Suggestions On the Conduct And Trial of An Election Petiion, Forms And Precedents And Statutes Bearing On the Subject.

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(8.) The costs incurred in defraying the expenses of the Director of public prosecutions under this section (including the remuneration of his .representative) shall, in the first instance, be paid by the Commissioners of Her Majesty's Treasury, and so far as they are not in the case of any prosecution paid by the defendant shall be deemed to be expenses of the election court ; but if for any reasonable cause it seems j ust to the court so to do, the court shall order all or part of the said co
...sts to be repaid to the Commissioners of Her Majesty's Treasury by the parties to the petition, or such of them as the court may direct.
Power to election court to order payment hy county or borough or individual of costs of election petition.
44. — (1.) Where upon the trial of an election petition respecting an «lection for a county or borough it appears to the election court that a corrupt practice has not been proved to have been committed in reference to such election by or with the knowledge and consent of the respondent to the petition, and that such respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the court may make one or more orders with respect to the payment either of the whole or such part of the costs of the petition as the court may think right ■US follows : (a) if it appears to the court that corrupt practices extensively prevailed in reference to the said election, the court may order the whole or part of the costs to be paid by the county or borough ; and (b) if it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices in , reference to such election, the court may, after giving such person or persons an opportunity of being heard by counsel or solicitor and examining and cross- examining witnesses to show cause why the order should not be 324 APPENDIX II.


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