C-65 - Act respecting provincial controverted elections

Section 90 Disposition versions

1977-12-31

90. (1)  If costs are awarded against the petitioner, a statement of costs due to his witnesses and to each party, with a certificate of taxation, shall be sent by the clerk to the Minister of Finance within thirty days after the judgment.

(2)  At the expiration of such delay, such persons shall be entitled to receive from the Minister of Finance, out of the amount deposited as security, the sum taxed in their favour, if the total amount of the various certificates does not exceed the amount of the deposit.

(3)  If the amount exceeds that of the deposit, each such person shall receive only his proportion thereof, and he may afterwards obtain from the clerk of the Provincial Court a writ of execution or of garnishment against the petitioner for the balance of his costs.

(4)  If the amount of the costs so taxed is less than the deposit, the petitioner, after the delay of thirty days has expired, may obtain payment of the balance.

R. S. 1964, c. 8, s. 90; 1965 (1st sess.), c. 17, s. 2.