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REPORTS OF CASES

DETERMINED

IN THE

ELECTION COURT,

FOR THE

PROVINCE OF NOVA SCOTIA.

Judges ad hoc of the said Court.

THE HON. WILLIAM ALEXANDER HENRY, Q.C.
ALEXANDER JAMES, ESQUIRE, Q.C., AND
JAMES WILLIAM JOHNSTON, ESQUIRE, Q.C.

COMPILED BY

BENJAMIN RUSSELL, BARRISTER,

CLERK OF THE COURT.

HALIFAX, N.S.

PRINTED BY FOWLER & PATRICK, 161 HOLLIS STREET.

1874.

Rec. Nov. 6, 1902.

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Decision as to time and requisites of filing and presentation of

petition.

In this case the Petitioner, on his own affidavit, stating that he had been unable to serve the petition within the time limited by law, obtained an order for extension of time for service in the following terms:

"On reading the affidavit of Jonathan F. L. Parsons and on motion I do order that the time to serve the petition in the above matter be extended, and that such service be made within fourteen days from the date hereof.

"Dated 27th March, 1874. "(Signed)

JAMES W. JOHNSTON,

Judge of Election Court."

A rule nisi to set aside the petition and the above order was taken out on behalf of the Respondent in the following terms:

On reading the petition of the above named petitioner herein the recognizance and affidavit of justification, and the affidavit and order of petitioner herein for extension of time for service, the affidavits sworn herein on the 2nd April instant of James Sweet and Hugh Kerr, and the affidavits, with the exhibits sworn the same day, of Wallace Graham and Benjamin Russell, and the records and papers herein in the office of the Clerk of the Election Court, and on motion I do order that the said petition and publication thereof, and all proceedings thereon, and the said order for extension of time for service herein, be set aside, quashed and rescinded on the grounds of irregularity, and because said petition was not delivered,

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