Western Weekly Reports Volume 3

Western Weekly Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...substitution for or amendment of the Judicature Ordimmce, or of the rules of court therein contained, in so far as they are applicable and not inconsistent with the provisions of this act, shall be applicable to such petition and proceedings." If the legislature intended to make a special exception in regard to s. 5, having in view the exclusion of a solicitor from acting for the petitioner in matters Alberta p 1912 Carstaira Cross Appeal Simmons, J. of procedure, it would have been clearly set out. As an instance, take s. 8 of the act, which says: "The petitioner shall endorse on the petition filed with the clerk and on the copies thereof served on the respondent, an address for service, etc., etc.," and it is not seriously contended that this may not be done by the petitioner's counsel. Then why can not his counsel make the deposit for him? To contend anything less, would be to put an arbitrary, restricted interpretation on s. 5 quite inconsistent with the practice applied in other sections of the act. As to the third objection taken on this appeal, the judgment appealed' from is as follows: "The petitioner testified that he wfas qualified and entitled to vote at the election and in view of that statement, and in view of the fact that he has also shown affirmatively that he was possessed of the qualifications referred to in s. I04, I am of the opinion that it was not incumbent upon him to negative his disqualifications under any of the other 299 sections of the act. The statement that he was qualified in itself negatives any such disqualifications, and the onus of proving such disqualifications was thereby shifted to the respondent." I agree with the contention that it was not required of the...show more

Product details

  • Paperback | 506 pages
  • 189 x 246 x 26mm | 894g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236825101
  • 9781236825100