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SCHEDULE 3.

TARIFF A
Witness Fees.

(Sections 61, 70.) For every day necessarily absent from residence in going to, staying at and returning from hearingWhen residence is within 4 miles of place.

$ 1 00 When over 4 miles....

2 00 For every inile necessarily travelled other than by railway

10 When railway used: actual fare paid.

TARIFF B.
Schedule of Costs to be allowed upon Inquiry before Judge of

Supreme Court. (Secs 92, 94.)
To the Clerk of the Court for receiving, filing and

entering each appeal and attending Juilge with
notification and on hearing of appeal and judg-
ment

$ 2 00 To the Clerk for issuing each Summons, Subpæna or Notice ..

50 To the Clerk, all necessary postage. To the Clerk, taxing each bill of costs actually taxed 50 To Witres-rs, the same fees as are allowed incivil cases. To the Advocate for the party succeeding on each appeal.....

2 00 To be increased in the discretion of the Judge to an amount not exceeding $15.00.

TARIFF C.
Fees for election services.

(Sec. 120.)
Returning Officer, where no poll is held...
Election Clerk, where no poll is held.
Returning Officer, where poll is held.
Election Clerk, where poll is held..
Deputy Returning Officer
Poll Clerk ...
Interpreter..
(If employed in less than eight cases, twenty-five

cents for each case.)
Deputy Returning Officer and Justice of the Peace

$20 00

5 00 75 00 20 00 5 00 3 00 2 00

sitting as Court of Revision, each.
Each officer for every mile necessarily travelled in

the discharge of his duties..
Rent of house for nomination.
Rent of house for polling station
Rent of house for Court of Revision ..
Rent of house for count by Returning Officer.

5 00

15 4 00 4 00 4 00 4.00

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An Ordinance Respecting Controverted Elections.
THE
HE Lieutenant Governor by and with the advice and con-

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

SHORT TITLE.

Short title

1. This Ordinance may be cited as The Controverted Elections Ordinance." No. 12 of 1897, s. 1.

INTERPRETATION.

Interpretation 2. In this Ordinance unless the context otherwise requires : “Judge" 1. The expression “the judge” shall mean the judge of the

Supreme Court of the North-West Territories usually exercising jurisdiction in the judicial district in which a petition is filed as hereinafter provided : but any other judge of the said court may (if for any cause it is deemed expedient or necessary that he should act) perform any of the duties or exercise any of the functions herein prescribed for the judge ;

2. The expression “the clerk” shall mean the clerk of the said court for the said judicial district. No. 12 of 1897, s. 2.

* Clerk"

PETITIONS.

Time for election petition

Who may petition

Form of petition

Filing

3. At any time within one month after the publication by the clerk of the Executive Council of the notice prescribed by section 119 of The Territories Elections Ordinance any defeated candidate or any duly qualified elector of the electoral district in which the election was held may petition against the undue return or undue election of any candidate at such election. No. 12 of 1897, s. 3.

4. Such petition may be in form A in the schedule hereto; and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Supreme Court of the North-West Territories for the judicial district in which such electoral district or the largest part thereof is situated, and shall contain the following statements:

(c) The right of the petitioner to petition ;
(6) The holding and result of the election in general

terms ;
(c) In a brief form the facts and grounds relied on to

sanction the prayer ; and such petition shall conclude with a prayer that the election may he declared void and set aside, and it also may contain a prayer that some other candidate at the election than the one certitied to be elected was duly elected. No. 12 of 1897, s. 4.

SECURITY FOR COSTS.

5. The petitioner shall at the time he files such petition Petitioner to

give security deposit with the said clerk the sum of $500 in current bank for costs notes of the Dominion of Canada or other current money as security for the respondent's costs of and inciden'al to the said petition and the proceedings thereunder. No. 12 of 1897, s. 5.

SERVICE OF PETITION.

to be

6. A copy of such petition shall be served on the candidate Respondent against whom such petition is filed (herein called the respond- with copy of ent) within twenty days after the same is so filed; and such petition service may be effected in the way that service of a writ of summons in an ordinary civil action in the said court is effected. No. 12 of 1897, s. 6.

time for

7. Upon the judge being satisfied hy affidavit either before Extension of or after the time hereinbefore limited for the service of a copy service of the petition that every reasonable effort has been made to effect such service and that such service has not been effected, he may ex parte extend the time for effecting such service for a period not exceeding ten days and so from time to time until such service has been effected; or the judge may in such case make an ex parte order for substitutional service of such Substitutional petition in such manner as he may direct. No. 12 of 1897, s. 7.

service

ADDRESS FOR SERVICE.

petition

8. The petitioner shall indorse on the petition filed with the Petitioner clerk and on the copy thereof served on the respondent an address for address for service (which shall not be more than three miles per diccnon from such clerk's office) at which all summonses, notices, deinands and other papers in the procecdings may be served on him; and in default of so doing such summonses, notices, demands and other papers in the proceedings may be served on him by being filed with the clerk. No. 12 of 1897, s. 8.

9. The respondent shall within ten days after being served Respondent to with a copy of the petition as herein before provided file with file notice of the clerk a notice in writing specifying an address for service service not more than three miles from such clerk's office at which all summonses, notices, demands and other papers in the proceedings may be served on him; and in default of so doing such summonses, notices, demands or other papers may be served on him by being filed with the clerk. No. 12 of 1897, s. 9.

address for

PRELIMINARY OBJECTIONS.

10. The respondent may at any time within twenty days Respondent after the service upon him of the petition apply to the judge to have petition set such petition aside and have it removed from the files of the set aside court on any of the following grounds : (a) That the petitioner is not qualified to file a petition ;

(6) That the petition was not filed within the prescribed

time; (c) That the deposit has not been made as provided in sec

tion 5 hereof : (d) That the petition does not on its face disclose sufficient

grounds or facts to have the election set aside or

declared void : (e) That service of a copy of such petition has not been

made on him as herein prescribed ; and the judge may (if satisfied that the application is well founded) order the petition to be set aside and removed from the files of the court with or without costs as he may direct; or (if not so satistied) may dismis, the application with or without costs as aforesaid. No. 12 of 1997, s. 10.

PARTICULARS.

Respondent

11. Evidence need not be stated in the petition but the may apply for respondent may at any time within twenty days after service particulars upon him of the petition (unless he makes an application under

the last preceding section, and if he does then within tive days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on to sustain the prayer of the petition; and the judge may order such particulars as may be necessary to prevent surprise and to ensure a fair and effectual trial; and may prescribe the time within which such particulars shall be delivered ; and may in such onler direct that in case such particulars are not delivered as prescribed the petitioner shall not be at liberty to give any evidence at the trial with respect to facts and grounds of which particulars are ordered and not delivered. No. 12 of 1897, s. 11.

PETITION CLAIMING SEAT; OBJECTIONS.

may tile statement of

returned candidate

Respondent

12. If the petitioner claims the seat for any other candidate

than the one certified to be elected the respondent may within objections if twenty days after service upon him of the petition (unless he for other than applies to set aside the petition under section 10 hereof, and if

he does then within ten days after such application is disposed
of if it is refused or dismissed) tile with the clerk a statement
in form B in the schedule hereto, claiming that the seat
ought not to be awarded to the candidate for whom it is so
claimed because :
(a) He is not qualified to be elected a member of the

Legislative Assembly of the Territories :
(6) He at the election in question was guilty of some act

or acts in contravention of sections 123, 124 or 125

of The Territories Elections Ordinance; and serve a copy of such statement on the petitioner. No. 12 of 1897, s. 12.

SETTING ASIDE OBJECTIOXS.

statement of

set aside

13. The petitioner within ten days after service upon him Petitioner may of the said statement may apply to the judge to set such state-apulitemare ment aside and have it removed from the files of the court on objections any of the following grounds :

(a) That it was not filed within the prescribed time;
(6) That it was not served on him as herein prescribed ;
(c) That it does not on its face disclose sufficient grounds

to have the election declared void as against the candi

date for whom the seat is claimed ;
(d) That the petition does not claim the seat for any

other
candidate;
or if the statement is not served on the petitioner as herein
directed he may apply at any time to have it set aside and re-
moved from the files of the court; and the judge may (if
satistied that iny application under this section is well founded)
order such statement to be set aside and removed froin the files
of the court with or without costs as he may direct; and if not
so satisfied he shall dismiss the application with or without
costs as he may direct. No. 12 of 1897, s. 13.

EVIDENCE; PARTICULARS.

14. Evidence need not be stated in such statement but the Petitioner petitioner may at any time within ten days after service upon for further

may apply him of the said statement (unless he makes an application under particulars section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds relied on for the claim that the seat ought not to be awarded to the candidate for whom it is claimed in the petition ; and the judge may order such particulars as may be necessary to prevent surprise and to ensure a fair and effectual trial in the same manner and with the sime consequence as prescribed in section 11 hereof. No. 12 of 1897, s. 14.

PETITIONS AT ISSUE.

at issue

15. If the said petition is not ordered to be set aside and Petition when taken off the files of the court the same shall be deemed to be at issue when all other orders (npon applications hereinbefore authorised to be made) by the judge have been made whether granting or refusing such applications or when the time for inaking such applications has expired if no such applications have been made. No. 12 of 1897, s. 15.

petitioner for

16. At any time after the said petition is at issue the Application of petitioner may apply to the judge to appoint a time and place with and are for the trial of the petition ; ani the judge (on being certitied of trial that the petition is at issue) shall appoint a time and place for such trial. No. 12 of 1897, s. 16.

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