C-65 - Act respecting provincial controverted elections

Section 60 Disposition versions

1977-12-31

60. (1)  Such appeal shall be taken, in a summary manner, by means of an inscription in appeal, signed by the appellant or his attorney, filed in the office of the clerk of the Provincial Court of the district in which the judgment was rendered, within fifteen days after the rendering thereof, with a deposit of two hundred dollars as security for costs and a further sum of twenty dollars for making up and sending the record.

(2)  As soon as such inscription and deposit have been made, the clerk who received them shall transmit the record to the Court of Appeal in the usual manner as prescribed by the Code of Civil Procedure.

(3)  Within the said fifteen days, the appellant shall serve a notice of the inscription in appeal upon the parties interested in such appeal. A copy of such notice must be sent by registered or certified mail to the director general of elections.

(4)  If the evidence was manifolded for the purposes of the case in the court below, such transcription shall suffice for the appeal, provided ten copies at least are produced.

(5)  If the evidence was not manifolded for the purposes of the case in the court below, the parties shall be obliged to manifold or type only so much of the evidence as refers to that issue of the case respecting which the appeal is brought, and for that purpose they shall, within ten days after the inscription in appeal, apply, after notice, to one of the judges of the Court of Appeal for the selection of the evidence that is to be manifolded or typewritten.

Manifolded or typewritten factums shall be produced by the parties, as in ordinary appeals to the Court of Appeal, within fifteen days after the filing of the inscription.

R. S. 1964, c. 8, s. 60; 1965 (1st sess.), c. 17, s. 2; 1974, c. 11, s. 2; 1975, c. 83, s. 84; 1977, c. 11, s. 132.