JUDGE'S REPORT. report to 21. If the judge on such trial finds that the respondent Judge to was unduly returned or elected a member of the council by Territorial reason of any of the matters alleged in the petition he shall Secretary. forth with 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 Territorial Secretary; 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 Territorial Secretary 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 council or that at the election in question he was guilty of any acts in contravention of sections 114, 115 or 116 of the Ordinance respecting elections, 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 of this Ordinance. (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. N.W.T. c 4, s. 21. 22. If the judge at the trial finds that the matters set Dismissal of forth in the petition are not proved to his satisfaction he petition. shall dismiss the petition. N.W.T. c. 4, s. 22. WITHDRAWAL OF PETITIONS. 23. The petitioner may at any time withdraw his Withdrawal petition by filing with the clerk a statement in writing of petition. that he so withdraws it and serving the respondent with a notice of such withdrawal; and in such case the judge shall on application order the petitioner to pay the respondent's costs of and incidental to the petition and the proceedings thereunder. N.W.T. c. 4, s. 23. by respondent 24. The respondent may at any time withdraw any withdrawal statement filed by him under section 12 of this Ordinance of statement by filing with the clerk 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 Admission of filed by order the respondent to pay the petitioner's costs of and incidental to such statement. N.W.T. c. 4, s. 14. ADMISSION OF UNDUE ELECTION. 25. Unless the seat is claimed for a candidate other undue election than the respondent, the respondent may at any time admit respondent that he was unduly returned or elected by filing with the declared void. clerk a statement in writing admitting such fact and election serving the petitioner 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 incidental to the petition; and shall report to the Territorial Secretary 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. N.W.T. c. 4, s. 25. Costs in discretion of judge. Judge may be paid out of security deposited. COSTS. 26. Except when otherwise provided the costs of the petition and all matters incidental thereto and arising thereout shall be in the discretion of the judge. N.W.T. c. 4, s. 26. 27. If the judge at any time orders costs to be paid by order costs to the petitioner, he may (when the petition and all matters arising thereout have been finally determined and disposed of) order 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 may have been awarded to him according to the ordinary practice of the court, N.W.T. c. 4, s. 27. Appeal to APPEAL. 28. An appeal shall lie to the Territorial Court sitting Court en banc. en banc from any order or determination of the judge; and such appeal shall be had and taken and all proceedings relating thereto shall be had and taken and the Territorial 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. N W.T. c. 4, s. 28. Interlocutory appeals. 29. If such appeal is from an order or determination other than any finding or determination under section 21 or 22 of this Ordinance 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. N.W.T. c. 4, s. 29. 30. If such appeal is from any finding or determination Stay of under section 21 of this Ordinance the appellant shall (before proceedings on appeal from the expiration of the fourteen days mentioned in that sec- final judgn ent tion) 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. remove stay (2.) The other party may apply to the judge at any time Application to before the appeal is lodged with the clerk of the Territorial for delay. Court to have such stay set aside and the appeal quashed on the ground that the appeal is not being prosecuted with sufficient despatch; 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 Territorial Secretary 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 clerk. N.W.T. c. 4, s. 30. 31. When any appeal to the Territorial Court en banc is Hearing and duly lodged with the clerk it shall be proceeded and dealt of appeals. adjudication 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 clerk 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 Territorial Secretary as provided in section 21 and as varied Report to or modified by the order of the court en banc if so varied or Secretary. modified. N.W. T. c. 4, s. 31. Territorial BALLOTS NOT TO BE COUNTED. judge. 32. Nothing in this Ordinance contained shall be con- No count of strued to authorize the judge to count or recount the ballots ballots by cast at any election but the count of such ballots and the recount (if any) under the Ordinance respecting elections shall be considered conclusive. N.W.T. c. 4, s. 32. SCHEDULE. FORM A.-SECTION 4. In the Territorial Court. Between A.B., Petitioner, C.D., Respondent. The petition of A.B., of (stating petitioner's residence and occupation) sheweth: 1. An election was held on the day of A.D. 19 (state the date of the general polling day) for the Electoral District of (state the name of the electoral 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. 19 A.B. FORM B.-SECTION 12. In the Territorial Court, Between A.B., Petitioner, C. D. Respondont. The above named respondent, C.D., says that the seat claimed in the petition herein for said E.F. ought not to be awarded to him because (here state the grounds and facts on which the respondent relies). day of Dated the A.D. 19 C.D. CHAPTER 5. An Ordinance Respecting the Public Service of the Territory. SHORT TITLE. 1. This Ordinance may be cited as "The Yukon Territorial Public Service Ordinance." No. 16 of 1902, s. 1. Short title. INTERPRETATION. 2. In this Ordinance, unless the context otherwise re- Interprequires, the expression "head of Department" or "head" tation. means the officer appointed for the time being to take “Head of charge of a Department. No. 16 of 1902, s. 2. Department" 3. The expression "employee" or "employees" in this "Employee" and any other Ordinance shall include all persons in the service of the Government of the Territory. No. 16 of 1902, s 3. DIVISION OF THE PUBLIC SERVICE. 4. The Commissioner of the Yukon Territory shall be Commissioner the Chief Executive Officer of the Territory, and the head to the Chief of every Department of the public service. No. 16 of 1902, Officer. s. 4. Executive 5. The public service of the Territory shall be divided Departments. into the following departments: (a.) Department of the Territorial Treasurer; (b.) Department of the Territorial Secretary; (c.) Department of Public Works and Buildings; (d.) Department of Education; (e.) License Department; and (f) Health Department No. 16 of 1902, s. 5. MANAGEMENT OF DEPARTMENTS. 6. The head of each Department shall oversee and direct Duties of the employees of the Department, and shall have general con- head. trol of the business thereof; and in addition to the duties. required of him by any law or Ordinance of the Territory, he shall perform the duties hereinafter provided and such |