taken and dealt with under The Judicature Ordinance. C.O., c. 4, s. 28. appeals 29. If such appeal is from an order or determination other Interlocutory than any finding or determination under sections 21 or 22 hereof it shall not operate as a stay of proceedings unless so ordered by the judge; and the judge may for reasonable cause Stay of at any time set aside any stay of proceedings he may so order. C.O., c. 4, s. 29. 30. If such appeal is from any finding or determination under section 21 hereof the appellant shall (before the expiration of the fourteen days mentioned in that section) 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. proceedings Stay of appeal from proceedings on final judgment remove stay (2) The other party may apply to the judge at any time be- Application to fore the appeal is lodged with the registrar of the Supreme 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 dispatch; 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 Clerk of the Executive Council 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 registrar. C.O., c. 4, s. 30. Hearing and adjudication of appeals 31. When any appeal to the Supreme Court en banc is duly lodged with the registrar it shall be proceeded and dealt 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 registrar 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 Clerk of the Executive Report to clerk Council as provided in section 21 and as varied or modified by the order of the court en banc if so varied or modified. C.O., c. 4, s. 31. of Executive Council BALLOTS NOT TO BE COUNTED. 32. Nothing in this Ordinance contained shall be construed No count of ballots by judge to authorise the judge to count or recount the ballots cast at any election but the count of such ballots and the recount (if any) under The Territories Elections Ordinance shall be considered conclusive. C.O., c. 4, s. 32. SCHEDULE. FORM A. In the Supreme Court of the North-West Territories. The petition of A.B., of (stating petitioner's residence and occupation) sheweth: 1. An election was held on the day of A.D. 1 (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. 1 FORM B. In the Supreme Court of the North-West Territories. Between A.B., Petitioner, and C.D., Respondent. The above named respondent, C.D., says that the seat claimed in the petition herein for the said E.F. ought not to be awarded to him because (here state the grounds and facts on which the respondent relies.) Dated the day of A.D. 1 C.D. T CHAPTER 5. An Ordinance respecting the Public Service of the Territories HE Lieutenant Governor by and with the advice and con- SHORT TITLE. 1. This Ordinance may be cited as "The Territories Public Short title Service Ordinance." C.O., c. 5, s. 1. INTERPRETATION, "Head of 2. In this Ordinance unless the context otherwise requires department the expression "head of a department" or "head" means the member of the Executive Council for the time being presiding over a department. C.O., c. 5, s. 2. 3. The expression "employee" or "employees" in this and "Employee' any other Ordinance shall include all persons in the service of the Government and of the Legisative Assembly of the Territories other than the Clerk of the Legislative Assembly and the auditor appointed under The Treasury Department Ordinance. C.O., c. 5, s. 3. APPLICATION. 4. The public service of the Territories for the purposes of Public service this Ordinance includes and consists of the Clerk of the Legislative Assembly and the Territorial auditor. and of all classes of employees in or under the following departments of the Government and of the Legislative Assembly of the Territories heretofore appointed or hereafter to be appointed by the Lieutenant Governor in Council or other competent authority, namely: (a) The office of the Executive Council; (b) The department of the Attorney General; (c) The department of the Territorial Secretary; (d) The department of the Treasury; (e) The department of Public Works; (f) The department of Agriculture; (g) [The department of Education.] (h) The offices of the Legislative Assembly. C.O.. c. 5, s. 4; 1901, c. 3, s. 1. Application to Application to the employees of the Legislative Assembly 5. Save as hereinafter excepted, this Ordinance shall apply to the offices of the registrar, clerks and deputy clerks of the Supreme Court of the Territories. In so far as applicable and for the purposes of this Ordinance the word "department" in this Ordinance shall extend to and include the officers of the Supreme Court mentioned in this section, and the Attorney General of the Territories for the time being shall be the head thereof; but nothing herein contained shall impair or inter fere with any already established authority or control of the courts and judges over their offices. C.O., c. 5, s. 5. 6. This Ordinance shall apply to the permanent employees of the Legislative Assembly saving always all legal rights and privileges of the said Assembly as respects the appointment or removal of its officers or servants or any of them. C.O., c 5, s. 6. Inside divison Outside division Appointment, how made DIVISION OF THE PUBLIC SERVICE. 7. The public service shall be divided into two divisions. CLERK OF THE LEGISLATIVE ASSEMBLY. 8. The Clerk of the Legislative Assembly shall be appointed by the Lieutenant Governor in Council and shall hold office during pleasure; but whenever such pleasure is exercised in the direction of removing a clerk of the Legislative Assembly from his office a statement of the reasons for so doing shall be laid on the table of the Legislative Assembly within the first fifteen days of the next following session thereof. C.O., c. 5, s. 8. Oversight of department Powers of deputy in absence of head MANAGEMENT OF DEPARTMENTS. 9. The head of each department shall oversee and direct the employees of the department; and shall have general control of the business thereof; and shall perform such other duties as are assigned to him by the Lieutenant Governor in Council. C.O., c. 5, s. 9. 10. In the absence of any head, the deputy or assistant to the head of the department shall perform the duties of such head unless an acting head of the department is appointed or the performance of such duties is otherwise provided for by the Lieutenant Governor in Council; and any deputy or assistant head so acting during such absence shall exercise all the powers vested in the head as to the control of the other employees of the department. C.O., c. 5, s. 10. APPOINTMENTS. probation of 11. Every employee entering the public service of the Ter- Term of ritories within the meaning of this Ordinance shall be subject employees to a probation of six months; and his employment shall cease at the end of that period from the date of his first employment unless at or before the end of that period the head signifies in writing that such person is considered by him as competent for the duty of that department; and if he is rejected the head of the department shall report to the Lieutenant Governor in Council the reasons for rejecting him. C.O., c. 5, s. 11. 12. All appointments to the public service shall be made by How made the Lieutenant Governor in Council on the application and report of the head of the department in which the person appointed is to be employed. All such appointments shall be during pleasure. C.O., c. 5, s. 12. 13. It shall be lawful for the Lieutenant Governor in Coun- Acting cil to appoint any member of the Executive Council to act as head of a department and also to appoint any acting officer or servant of any kind who shall have all the power and authority of the person for whom he is acting. (2) Such acting head of department, officer or servant shall When to have act only in the absence from the post of duty or during illness effect or other physical disability of the person for whom he acts or in case of a vacancy in office. C.O., c. 5, s. 13. OATHS. 14. All employees of the public service who have not already done so and every Clerk of the Legislative Assembly, Territorial auditor or employee hereafter appointed before any salary is paid to him shall take and prescribe the oath of allegiance and also the oath contained in form A in the schedule hereto in addition to any other oath which may be provided by any other Ordinance in that behalf. C.O., c. 5, s. 14. 15. In the case of the Clerk of the Executive Council and all employees under him and in the case of any officer or employee of whom the Lieutenant Governor requires the same there Employees to oaths of office subscribe to allegiance and Clerk of Council to oath of Executive subscribe to |