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1907

CHAPTER I.

An Act for granting to His Majesty Certain Sums of Money for the Civil Service for the Financial Year ending the Thirty-first Day of December, 1907.

Most Gracious Sovereign:

(Assented to March 15, 1907.)

WHEREAS it appears by Message from His Honour Preamble George Hedley Vicars Bulyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Message, that the sums hereinafter mentioned are required to defray certain expenses of the Civil Service of this Province not otherwise provided for during the financial year ending the Thirty-first day of December, one thousand nine hundred and seven, and for other purposes relating thereto May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows:

1. This Act may be cited as "The Appropriation Act, Short title 1907."

year 1907

2. From and out of the General Revenue Fund there may $2.763,974.18 be paid and applied a sum not exceeding in the whole two granted for million seven hundred and sixty-three thousand nine hundred and seventy-four dollars and eighteen cents ($2,763,974.18) tewards defraying the several charges and expenses of the Civil Service of the Province for the financial year ending the thirty-first day of December, in the year of Our Lord one thousand nine hundred and seven, not otherwise provided for and set forth in schedule A to this Act, and also for the other purposes in the said schedule mentioned.

And the sum of four hundred thousand dollars for the expenses of Legislation, Maintenance of Public Institutions, Salaries of officers of the Government and Civil Service from the First day of January, one thousand nine hundred and eight up to and until the final passage of the Estimates of Expenditure for the financial year one thousand nine hundred and eight, as set forth in schedule B.

3. The due application of all moneys expended under this Application to Act shall be accounted for.

be accounted for

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SUм granted to His Majesty by the Act for the year one thousand nine hundred and eight and the purpose for which it is granted.

To defray the expenses of Legislation, Maintenance of Public Institutions, Salaries of the officers of the Government and Civil Service from January 1, 1908, up to and until the final passage of the Estimates of Expenditure for the financial year, 1908

.$400,000 00

1907

CHAPTER 2.

An Act respecting Controverted Elections."

(Assented to February 11, 1907.)

HIS MAJESTY, by nd with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Controverted Elections Short title Act."

INTERPRETATION.

2. In this Act unless the context otherwise requires:

Interpretation

1. The expression "the judge" shall mean a judge of the Judge Supreme Court;

2. The expression "the clerk" shall mean the clerk of the Clerk said court for the judicial district in which a petition is filed as hereinafter provided.

PETITIONS.

tion petitions

3. At any time within thirty days after the publication by Time for elec 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.

4. Such petition may be in form A in the schedule hereto; Form of petition and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Supreme Court 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 con

Filing

tain a prayer that some other candidate at the election than the one certified to be elected was duly elected.

SECURITY FOR COSTS.

Petitioner to give security for costs

5. The petitioner shall at the time he files such petition deposit with the said clerk the sum of $500 in current bank notes of the Dominion of Canada or other current money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder.

SERVICE OF PETITION.

Respondent to be served with

6. A copy of such petition shall be served on the candidate copy of petition against whom such petition is filed (herein called the respondent) within twenty days after the same is so filed; and such 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.

Extension of time for service

Substitutional

service

7. Upon the judge being satisfied by affidavit either before or after the time hereinbefore limited for the service of a copy 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 petition in such manner as he may direct.

ADDRESS FOR SERVICE.

Petitioner to indorse address for service on petition

Respondent to file notice of address for service

8. The petitioner shall indorse on the petition filed with the clerk and on the copy thereof served on the respondent an address for service (which shall not be 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 and other papers in the proceedings may be served on him by being filed with the clerk.

9. The respondent shall within ten days after being served with a copy of the petition as hereinbefore provided file with the clerk a notice in writing specifying an address for 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.

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