SCHEDULE 3. TARIFF A. Witness Fees. (Sections 61, 70.) For every day necessarily absent from residence in going to, staying at and returning from hearing When residence is within 4 miles of place.. When over 4 miles.... For every mile necessarily travelled other than by railway When railway used: actual fare paid. TARIFF B. $ 100 200 10 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 Judge with notification and on hearing of appeal and judg ment ... To the Clerk for issuing each Summons, Subpœna or To the Clerk, all necessary postage. $ 2.00 50 To the Clerk, taxing each bill of costs actually taxed 50 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.. 2.00 (If employed in less than eight cases, twenty-five cents for each case.) Deputy Returning Officer and Justice of the Peace sitting as Court of Revision, each... $20 00 5 00 75 00 20 00 5 00 3.00 2 00 5 00 Each officer for every mile necessarily travelled in the discharge of his duties. Short title Interpretation "Judge " "Clerk " Time for election petition Who may petition Form of petition Filing CHAPTER 4. An Ordinance Respecting Controverted Elections. THER HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 2. In this Ordinance unless the context otherwise requires: 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. PETITIONS. 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: (a) The right of the petitioner to petition; (b) 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 be declared void and set aside, and it also may contain a prayer that some other candidate at the election than the one certified to be elected was duly elected. No. 12 of 1897, s. 4. SECURITY FOR COSTS. give security 5. The petitioner shall at the time he files such petition Petitioner to 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 served 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 by 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. to indorse 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 service on 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 and other papers in the proceedings may be served on him by being filed with the clerk. No. 12 of 1897, s. 8. address for 9. The respondent shall within ten days after being served Respondent to with a copy of the petition as herein before provided file with de 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. PRELIMINARY OBJECTIONS. may apply to 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; (b) That the petition was not filed within the prescribed time; (c) That the deposit has not been made as provided in section 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 satisfied) may dismiss the application with or without costs as aforesaid. No. 12 of 1897, s. 10. Respondent further particulars PARTICULARS. 11. Evidence need not be stated in the petition but the may apply for respondent may at any time within twenty days after service upon him of the petition (unless he makes an application under the last preceding section, 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 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 order 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. Respondent may file statement of objections if seat claimed for other than returned candidate PETITION CLAIMING SEAT; OBJECTIONS. 12. If the petitioner claims the seat for any other candidate than the one certified to be elected the respondent may within twenty days after service upon him of the petition (unless he 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) file 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: (b) He at the election in question was guilty of some act and serve a copy of such statement on the petitioner. No. 12 SETTING ASIDE OBJECTIONS. statement of 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- apply to have 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; (d) That the petition does not claim the seat for any other or if the statement is not served on the petitioner as herein EVIDENCE; PARTICULARS. set aside may apply 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 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 same 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 (upon applications hereinbefore authorised to be made) by the judge have been made whether granting or refusing such applications or when the time for making 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 me and place for the trial of the petition; and the judge (on being certified of trial that the petition is at issue) shall appoint a time and place for such trial. No. 12 of 1897, s. 16. |