respondent for

petition

Application of 17. If the petitioner does not within one month after the dismissal of petition is at issue apply to the judge to appoint a time and place for the trial of the petition the respondent may apply to the judge to dismiss the petition; and the judge may thereupon at the return of the summons (if the application is properly made) either dismiss the petition with costs or appoint a time and place for the trial of the petition. No. 12 of 1897, s. 17.

Petition and proceedings thereunder

in court

GENERAL.

18. The said petition and all proceedings thereunder shall be deemed to be a cause in the court in which the said petition deemed cause is filed, and all the provisions of The Judicature Ordinance in so far as they are applicable and not inconsistent, with the provisions of this Ordinance shall be applicable to such petition and proceedings; and the tariff of costs for clerks, sheriffs, advocates and interpreters (whether prescribed by The Judicature Ordinance or under its authority) shall be applicable to such proceedings. No. 12 of 1897, s. 18.

Applications to judge in chambers

Trial

Judge to

of Executive

Council

19. Applications to the judge shall be made in chambers and unless authorised to be made ex parte shall be made by suminons. No. 12 of 1897, s. 19.

TRIAL.

20. The judge shall attend at the time and place appointed for the trial and try the matters of the said petition and arising thereout; and such place of trial shall be an open court at which the usual officers of the court shall attend and perform their respective duties as in the case of any other trial in the said court; and such trial may be adjourned from day to day or for such further time as the judge may direct. No. 12 of 1897, s. 20.

JUDGE'S REPORT.

21. If the judge on such trial finds that the respondent was report to clerk unduly returned or elected a member of the Legislative Assembly by reason of any of the matters alleged in the petition he shall forthwith after the expiration of fourteen days from delivering his judgment (unless his judgment is appealed and application is made for a stay as hereinafter provided) report such finding to the clerk of the Executive Council; and shall certify in such report for what cause he finds that the respondent was unduly returned or elected; and if the seat is by the petition claimed for another candidate than the respondent and the judge finds at such trial that such other candidate is entitled to the seat, he shall so certify in the said report to the said clerk of the Executive Council and thereupon such other candidate shall be entitled to the seat in the place and stead of the respondent; but the judge shall not so find or certify that such other candidate is entitled to the seat under any circumstances if he finds that he is not qualified by law to be a member of such Assembly or that at the election in question he

was guilty of any acts in contravention of sections 123, 124 or 125 of The Territories Elections Ordinance, provided that such want of qualification or acts (as the case may be) have been charged against such candidate in a statement filed under the provisions of section 12 hereof.

(2) If the judge does not in such report certify that another candidate is entitled to the seat the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. No. 12 of 1897, s 21.

22. If the judge at the trial finds that the matters set forth Dismissal of in the petition are not proved to his satisfaction he shall dis- petition miss the petition. No. 12 of 1897, s. 22.

WITHDRAWAL OF PETITIONS.

23. The petitioner may at any time withdraw his petition withdrawal by filing with the clerk a statement in writing that he so with- of petition draws it and serving the respondent with a notice of such withdrawal; and in such case the judge shall on app'ication order the petitioner to pay the respondent's costs of and incidental to the petition and the proceedings thereunder. No. 12 of 1897,

s. 23.

by respondent

24. The respondent may at any time withdraw any state- Withdrawal ment filed by him under section 12 hereof by filing with the clerk of statement a statement that he so withdraws it and serving the petitioner with a notice of such withdrawal; and in such case the judge shall on application order the respondent to pay the petitioner's costs of and incidental to such statement. No. 12 of 1897, s. 24.

ADMISSION OF UNDUE ELECTION.

election

25. Unless the seat is claimed for a candidate other than Admission of the respondent, the respondent may at any time admit that he undue election filed by was unduly returned or elected by filing with the clerk a state- respondent, ment in writing admitting such fact and serving the petitioner declared void with a notice that such statement has been filed; whereupon the judge shall on application order the respondent to pay to the petitioner his costs of and mcidental to the petition; and shall report to the clerk of the Executive Council that the respondent has admitted that he was unduly returned or elected ; whereupon the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. No. 12 of 1897, s. 25.

COSTS.

discretion of

26. Except when otherwise provided the costs of the peti-Costs in tion and all matters incidental thereto and arising thereout judge shall be in the discretion of the judge. No. 12 of 1897, s. 26.

order costs to

27. If the judge at any time orders costs to be paid by the Judge may petitioner, he may (when the petition and all matters arising be paid out thereout have been finally determined and disposed of) order of security

deposited

such costs to be paid out of the moneys deposited by the petitioner on filing the petition; but nothing in this section shall be construed as preventing the respondent from proceeding at any time to recover any costs that inay have been awarded to him according to the ordinary practice of the court. No. 12 of 1897, s. 27.

Appeal to
Supreme

APPEAL.

28. An appeal shall lie to the Supreme Court of the TerriCourt en banc tories sitting en bane from any order or determination of the judge; and such appeal shall be had and taken and all proceed ings relating thereto shall be had and taken and the Supreme Court en banc shall deal with such appeal in the same manner as appeals and the proceedings thereunder are had, taken and dealt with under The Judicature Ordinance. No. 12 of 1897, s. 28.

Interlocutory appeals

Stay of proceedings

Stay of
proceedings
on appeal from

29. If such appeal is from an order or determination other than any finding or determination under sections 21 or 22 hereof it shall not operate as a stay of proceedings unless so ordered by the judge; and the judge may for reasonable cause at any time set aside any stay of proceedings he may so order. No. 12 of 1897, s. 29.

30. If such appeal is from any finding or determination under section 21 hereof the appellant shall (before the expiration final judgment of the fourteen days mentioned in that section) apply ex parte to the judge for a stay of proceedings; and the judge on being satisfied that notice of the appeal has been duly given shall make an order staying proceedings and shall not forward his report as provided in section 21 until the appeal is finally determined.

Application to remove stay for delay

Hearing and

of appeals

(2) The other party may apply to the judge at any time before the appeal is lodged with the registrar of the Supreme Court to have such stay set aside and the appeal quashed on the ground that the appeal is not being prosecuted with sufficient dispatch; and the judge may if satisfied that there has been undue delay in prosecuting such appeal set aside the stay of proceedings and quash the appeal and in that case shall forthwith forward his report to the clerk of the Executive Council as provided in section 21.

(3) No order shall be made as provided in the preceding subsection if at the time of the application the appeal has been lodged with the said registrar. No. 12 of 1897, s. 30.

31. When any appeal to the Supreme Court en banc is duly adjudication lodged with the registrar it shall be proceeded and dealt with according to the practice of such court in appeals in civil causes; and the adjudication and finding of such court on such appeal shall be duly certified by the registrar to the judge appealed from; and if the appeal is from any finding or determination of the judge under section 21 and such finding or determination is affirmed in whole or in part, the judge shall

forthwith forward his report to the clerk of the Executive Report to Council as provided in section 21 and as varied or modified by Executive the order of the court en banc if so varied or modified. No. 12 Council of 1897, s. 31.

BALLOTS NOT TO BE COUNTED.

clerk of

ballots by

32. Nothing in this Ordinance contained shall be construed No count of to authorise the judge to count or recount the ballots cast at judge any election but the count of such ballots and the recount (if any) under The Territories Elections Ordinance shall be considered conclusive. No. 12 of 1897, s. 32.

SCHEDULE.

FORM A.

In the Supreme Court of the North-West Territories.
Judicial District of

Between A.B., Petitioner.

and

C.D., Respondent.

The petition of A.B., of (stating petitioner's residence and occupation) sheweth:

day of

1. An election was held on the A.D. 1 (state the date of the general polling day) for the Electoral District of (state the name of the electo: al district) at which C.D. and E.F. were candidates, and the said C.D. has been certified to be the person elected at such election.

2. The petitioner was a duly qualified elector at such election (or the petitioner was a defeated candidate at such election). 3. The petitioner says (state here the facts and grounds on which the petitioner relies).

Wherefore the petitioner prays that it may be declared that the election of the said C. D. is void and that it be set aside. and (if the seat is claimed for another candidate) that it may be declared that the said E. F. was duly elected.

Dated the

day of

A.D. 1

A.B.

FORM B.

In the Supreme Court of the North-West Territories.
Judicial District of

Between A. B., Petitioner,

and

C. D., Respondent.

The above named respondent, C.D., says that the seat claimed in the petition herein for the said E. F. ought not to be awarded to him because (here state the grounds and facts on which the respondent relies).

Dated the

day of

A.D. 1

C. D.

Short title

"Head of department"

"Employee"

Public service

Application to officers of

CHAPTER 5.

An Ordinance respecting the Public Service of the
Territories.

THER

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Territories Public Service Ordinance." No. 13 of 1897, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires the expression "head of a department" or "head" means the member of the Executive Council for the time being presiding over a department. No. 13 of 1897, s. 2.

3. The expression "employee" or "employees" in this and any other Ordinance shall include all persons in the service of the Government and of the Legislative Assembly of the Territories other than the clerk of the Legislative Assembly and the auditor appointed under The Treasury Department Ordinance. No. 13 of 1897, s. 3.

APPLICATION.

4. The public service of the Territories for the purposes of this Ordinance includes and consists of the clerk of the Legislative Assembly and the Territorial auditor and of all classes of employees in or under the following departments of the Government and of the Legislative Assembly of the Territories heretofore appointed or hereafter to be appointed by the Lieutenant Governor in Council or other competent authority, namely:

(a) The office of the Executive Council;

(b) The department of the Attorney General;

(c) The department of the Territorial Secretary:

(d) The department of the Treasury;

(e) The department of Public Works;

(f) The department of Agriculture;

(g) The department of Public Instruction;

(h) The offices of the Legislative Assembly. No. 13 of 1897, s. 4.

5. Save as hereinafter excepted, this Ordinance shall apply to the offices of the registrar, clerks and deputy clerks of the