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delivery up of deeds or papers in the possession, custody or power of the advocate, his assignee or representatives in the same manner as has heretofore been done in cases where any such business had been transacted in the said court. No. 21 of 1898, s. 55.

56. In proving a compliance with this Ordinance it shall Proof of not be necessary in the first instance to prove the contents of delivery the bill delivered, sent or left but it shall be sufficient to prove that a bill of fees, charges or disbursements subscribed in the manner aforesaid or inclosed in or accompanied by such letter as aforesaid was delivered, sent or left in manner aforesaid ; but the other party may show that the bill so delivered, sent or left was not such a bill as constituted a bona fide compliance with this Ordinance. No. 21 of 1898, s. 56.

57. A judge of the Supreme Court on proof to his satisfac- Immediate tion that there is probable cause for believing that the party advocate's chargeable is about to quit the Territories may authorise an bili advocate to commence an action for the recovery of his fees, charges or disbursements against the party chargeable therewith although one month has not expired since the delivery of a bill as aforesaid. No. 21 of 1898, s. 57.

58. Where any person not being chargeable as the princi- Taxation on pal party is liable to pay or has paid any bill either to the ad- of person not vocate, his assignee or representative or to the principal party

principal chargeable therewith, the person so paying, his assignee or representative may make the like application for a reference thereof to taxation as the party chargeable therewith might himself have made and in like manner; and the same proceedings shall be had thereupon as if the application had been made by the party so chargeable. No. 21 of 1898, s. 58.

circumstances

59. In case such application is made when' under the pro- Special visions hereinbefore contained a reference is not authorised to be made except under special circumstances the Court or judge to whom the application is made may take into consideration any additional special circumstances applicable to the person making it although such circumstances might not be applicable to the party chargeable with the bill if he was the party making the application. No. 21 of 1898, s. 59.

60. For the purpose of such reference upon the application Delivery of the person not being the party chargeable or of a party interested as aforesaid the Court or judge may order the advocate, his assignee or representative to deliver to the party making the application a copy of the bill on payment of the costs of the copy. No. 21 of 1898, s. 60.

of bill

61. No bill previously taxed shall be again referred unless Re-taxation under the special circumstances of the case the Court or judge to whom application is made thinks fit to direct a retaxation thereof. No. 21 of 1898, s. 61. .

Taxation after payment

62. The payment of any such bill as aforesaid shall in no case preclude the Court or judge to whom application is made from referring such bill for taxation if the application is made within twelve months after payment and if special circumstances in the case in the opinion of the Court or judge appear to require the same, upon such terms and subject to such directions as to the Court or judge seem right. No. 21 of 1898, s. 62.

Style of proceeding

Enforcing payment

63. All applications made to refer any bill to be taxed or for the delivery of a bill or for the delivering up of deeds, documents and papers shall be made “In the matter of (such advocate);” and upon the taxation of any such bill the certificate of the officer by whom the bill is taxed shall unless set aside or altered by order of a judge or by decree or order of Court be final and conclusive as to the amount thereof; and payment of the amount certified to be due and directed to be paid may be enforced according to the practice of the said court. No. 21 of 1898, s. 63.

SCHEDULE.

FORM A.

VOTING PAPER.

LAW SOCIETY OF THE NORTH-WEST TERRITORIES.

Election of benchers, 1
I,
of

in the North-West Territories, advocate, do hereby declare:

1. That the signature hereto is my proper handwriting;
2. That I now reside at

;
3. That I vote for the following persons as benchers of the
Law Society :
A.B.,

of the C.D.,

of the E.F,

of the G.H.,

of the J.K.,

of the L.M.,

of the N.O.

of the

of the R.S.,

of the 4. That I have signed no other voting paper at this election ;

5. That this voting paper was executed on the day of the date thereof. Witness my hand this

day of

A.D.

P.Q.

CHAPTER 52.

An Ordinance respecting the Medical Profession.

THE
HE Lieutenant Governor by and with the advice and con-

sent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as “ The Medical Profession short title Ordinance.No.

No. 5 of 1888, s. 1.

COLLEGE OF PHYSICIANS AND SURGEONS.

2. The College of Physicians and Surgeons of the North- “The College West Territories as constituted under and by virtue of Ordı- and Surgeons.

of nance No. 5 of 1888 and amending Ordinances and as existing NWT.

V.W.T. at the time of the coming into force of this Ordinance is hereby continued and the members of the said college and all persons hereafter registered members of the said college under the provisions of this Ordinance shall be a body corporate under the name of “ The College of Physicians and Surgeons of the North-West Territories” and shall have perpetual succession as bereinafter provided and a common seal with power to acquire, hold and dispose of chattel property and real estate for the purposes of this Ordinance and to sue and be sued. No. 5 of 1888, ss. 2, 3, 4; No. 9 of 1891-92, s. 1.

(6

COUNCIL OF COLLEGE. ELECTION OF MEMBERS.

3. There shall be a council of the said College of Physicians The council and Surgeons of the North-West Territories to be appointed in the manner hereinafter provided for and hereinafter referred to as the Council. No. 5 of 1888, s. 5.

4. The persons

entitled to vote at elections of members of voters for the council shall be persons registered as medical practitioners council in pursuance of this Ordinance. No. 5 of 1888, s. 6.

5. No person shall be eligible to be elected a member of the Members of council unless he be registered in pursuance of this Ordinance. No. 5 of 1888, s. 7.

council

6. The number of persons to be elected as members forming Five members the said council shall be five and the mode of election shall be Election by voting papers as hereinafter mentioned. No. 5 of 1888, s. 8.

7. The charge and conduct of the elections for members of Elections for the council shall be under the management of the registrar of council the council and such elections shall be held at such time and place as may be determined on by the council. No. 5 of 1888, ss. 9, 10.

Votes

8. Every person entitled to vote may vote for five persons. No. 5 of 1888, s. 11.

Method of voting

9. Such votes shall be given by closed voting papers to be mailed to each registered practitioner by the registrar at least one month prior to the day of the election, in the form A in the schedule to this Ordinance or to the like effect signed by the voter and delivered to such registrar on any of the twenty days preceding the day of election. Any voting papers delivered to the registrar by post during the respective times aforesaid shall be deemed delivered to him. No. 5 of 1888,

s. 12.

Scrutineers

10. The council shall appoint two persons who together

with the registrar shall act as scrutineers at the election. On Count of votes the day succeeding the day of election the voting papers shall

be opened by the registrar in the presence of the other scrutineers who shall scrutinize and count the votes and keep a record thereof in a proper book to be provided by the said council. No. 5 of 1888, s. 14.

Members elected Term

11. The five persons who have the highest number of votes shall be the members of the council for the four years followir.g the date of such election and until their successors are appointed. No. 5 of 1888, s. 15 ; No. 22 of 1898, s. 1.

Voters may be at count

12. Any person entitled to vote at any election shall be entitled to be present at the opening of the voting papers at such election. No. 5 of 1888, s. 16.

Equality of votes

13. In case of an equality of votes between two or more persons which leaves the election of one or more of the members of the council undecided the scrutineers shall forth with put into a ballot box a number of papers with the names of the candidates having such equality of votes written thereon one for each candidate and the registrar in the presence

of the scrutineers shall draw by chance from such ballot box one or more of such ballot papers sufficient to make up the required number and the persons whose names are upon such papers so drawn shall be members of such council. No. 5 of 1888, s. 17.

Fees to be paid

14. No person shall be entitled to vote at such election un

less all his fees to the council shall have been paid. No person Eligibility

Votes for

shall be eligible for election unless qualified to vote at such ineligible

election and any votes cast for any person who is ineligible to be elected a member shall be null and void and the election shall be declared as if such votes had not been cast. No. 5 of 1888, s. 18.

person

Voting for more than tive

15. In the event of any person placing more than five names on his voting paper the first five shall be taken, notwithstanding any of such five so named shall be ineligible for election for any ciuse whatever. No. 5 of 1888, s. 19.

practitioners

thereto

16. The registrar shall one month prior to the day on which List of the election is to be held make out an alphabetical list or regis- entitled to ter of the medical practitioners who are entitled to vote at the vote election then about to be held and such register may then be examined at all reasonable times. In case any inedical prac- Objections titioner entitled to vote complains to the registrar in writing of the improper omission or insertion of any name in the said list it shall be the duty of the registrar forthwith to examine into the complaint and rectify such error if any there be ; and Appeal to in case any person is dissatistied with the decision of the regis- julge trar he may appeal to a judge of the Supreme Court provıled Proceedings that such appeal be lodged with the judge at least ten days be. On appeal fore the day on which the election is to be held; and such judge shall hear and decide the appeal in a summary way and he may if he deern it necessary direct that such notice of the time and place for bearing the appeal as he may prescribe shall be given to such person as he may specify; and if it is necessary to hear evidence in such appeal it may be given viva voce under oath or by affidavit as the judge directs; and the decision of such judge shall be final and the list shall remain or be altered in accordance with such decision. No. 5 of 1888, s. 20; No. 38 of 1897, s. 26 (1).

17. The list or register so made out shall be held to be the Voters' list

conclusive register of persons entitled to vote at the next election and no person

shall be entitled to vote whose name is not upon such register. No. 5 of 1858, s. 21.

18. The members of the council may make such regulations Election as they consider expedient not contrary to the provisions of regulations this Ordinance for regulating the procedure and in respect of such elections. No. 5 of 1888, s. 22.

of election papers

19. The voting papers belonging to any election shall not Preservation be destroyed until after all petitions in respect to such election have been decided but the same together with all other papers in connection with the election shall be retained by the registrar. No. 5 of 1888, s. 23.

20. No petition against the return of any inember shall be Petition entertained unless such petition be filed with the registrar of Orniem beturn the council within sixty days after the election and shall contain a statement of the grounds on which such election is disputed and unless a copy of such petition is served upon the member whose election is disputed within sixty days of the date of election. No. 5 of 1888, s. 24.

of member

doubted or

21. In case of any doubt or dispute as to the legality of the Election election of any member of the council it shall be lawfui for the disputed council to hold an inquiry and decide who is the legally elected Inquiry member of the council; and the person whom they decide to have been elected shall be and be deemed to be the member legally elected; and if the election is found to be illegal the council shall have power to order a new election. No. 5 of .1888, s. 25.

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